Withdrawal of the United States from the Paris Agreement

Time for a Level Playing Field & A Fair Framework?

Part 2. The Cornerstones: Sustainable Development-Equity-CBDR

(Posted 12 September 2017)

KEY WORDS: Paris Agreement; obligations; ratification; President Trump; level playing field; meaning; emissions; global temperature rise; NDCs; differentiated responsibilities; fairness

1.0   The plain or literal meaning of  the concept for a “level playing field” relates to “a sense of fairness”, “equal chances”, “equality of opportunity” or no “competitive advantage” for stakeholders.

2.0   But, the plain meaning for the concept may be open to many interpretations when applied to climate change and so not facilitate consistency in decision-making.

3.0   An alternative pathway does exist to define it: The legislative drafting approach of law.

4.0   Defining a level playing field for climate change, by adopting this approach, gives effect to its scientific or technical meaning – not its plain meaning.

5.0   The outcome: A level playing field for climate change that is defined in terms of its underlying obligations under the Paris Agreement: Sustainable development, equity and the principle of CBDR.

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Part 3. A Problem-Solving Pathway for Procedural Fairness