The Espaces Generation Climat and the domestication of public engagement

Dr. Tomaso Ferrando

This is the second post of the online symposium on the Paris Climate Agreement co-hosted by Law and Global Justice at Durham and Human Rights in Ireland. The first contribution by Julia Dehm can be found here:  . 

December 12, 2015 will be remembered as the date when the Paris Agreement under the United Nations Framework Convention on Climate Change (the Agreement) was adopted. However, the fact of identifying the Agreement with one date and of attributing it to one specific city are processes of intellectual simplification that overlook two of the most relevant aspects of COP21. On the one side, they divert the attention both from the ten days of diplomacy and blackmails that preceded the final euphoria and from the months of corporate and civil society lobbying governments on the draft text. On the other side, the idea of the Paris Agreement hides the territorial fragmentation of what could be called the Climate Change Complex (CCC) into multiple spaces across the metropolitan area, spanning from the entrenched pavilion of the negotiations to the open air gatherings that occurred in the streets and squares of the French capital.

Among the most interesting pieces of this multi-territorial complex there was the “Espaces Generation Climat” (Climate Generation Areas -CGA), a 27,000m² collection of conference rooms, exhibitions areas, restaurants and relax areas that the UN erected in the immediate proximity to the United Nations conference center in Le Bourget. In the words of the UN, the CGA represented the first institutionalized attempt in the history of climate conference organization to provide an area for public gatherings, discussions and education.1 Moreover, its program and content were defined taking into consideration the comments and requests advanced by the 117 organizations that responded to a public consultation launched by the UN General Secretariat in December 2014 and closed on January 2015. Finally, the CGA was widely publicized as “an international space for debates and exchanges linked to the ecological transition on the one hand and the discovery of solutions to address climate disruptions, provided by civil society, on the other.”2

This short comment is a reaction to my experience in the CGA and to my perceiving it as a moment of false inclusion that, like the final agreement concluded in Paris, noticed the existence of alternative paradigms but was fully embedded in and constructed around the reproduction of the dominant rhetoric about climate change.

A space (nominally) open to all

“Since they investigate the commitment of all generations,” it was claimed by the presentation of the CGA, “these areas will be the part of the 2015 Paris Climate Conference site that is open to all. They seek to encourage debate on solutions to climate change.”3 However, anyone who tried to reach the venue would have immediately noticed the “open to all” slogan being inaccurate.

First of all, it appears paradoxical to consider the space as “open to all” interested in discussing climate change, if this space is located in the heart of the Global North, thousands of kilometers away from most of the people who are engage in a daily fight against climate change and whose participation would have been – to say the least – essential. And this is also true for the whole negotiations. I am sure the whole process would have looked very different, if the COP had been organized on the Kiribati Island, in Darfur or Chennai. Moreover, it is even harder to define ‘open’ a pavilion that was built within a closed and patrolled gated area, secured by fully geared military police and with x-ray and access gates controlled by airport security.4

Secondly, even those privileged ones who had the opportunity to be in Paris would have questioned openness and accessibility of the space, in particular if they did not have a car (and you would not believe how many people drove a car to reach a climate change forum) and had to spend more than one hour to reach the city of Le Bourget. As a consequence, the gas-alimented shuttle buses from the metro to the conference center (in some cases a hybrid bus in some cases not even so) were mainly filled with European and American climate change habitués, that is representatives of corporations and NGOs, journalists and a small niche of interested individuals who had the time and money to attend the events.

Finally, it would have been hard to meet inside the CGA the most committed environmental activists. In the days before the COP, in fact, the extension of the state of emergency and the assimilation of some environmental movements to terrorist groups – at least in the way in which the police acted and the authority that it retained – had led to the issuance of numerous measures that reduced the freedom of movement of those individuals who had been most involved in the organization of grass-roots movements and bottom-up realities in Paris and surroundings.5

However, the most troublesome problem with the CGA as a first historical attempt to open climate negotiations to the community was not represented by its being geographically and logistically distant from the most affected and the local citizenship. What was really interesting – as I discuss in the next section- was to see how the form and content of the “space for international debates and exchanges” reflected the final agreement in its being almost entirely co-opted by the interests of capital and powerful states, funded on the paradigm of technological solution and carbon sequestration, and open to some expressions of alternative visions only to the extent they did not exaggerate and could be easily silenced.

Islands of diversity in a sea of “business as usual”

Since its adoption, the ‘Paris’ agreement has been the object of several critiques. People living on the islands and coasts that are mostly affected by climate change, indigenous communities who are in the at the forefront of climate devastation, and progressive civil society have underlined the non-binding nature of the text, the insufficiency of the intended nationally determined contributions, its pro-corporate orientation and its blind commitment to the false solutions of carbon trading and technological innovation. According to them, negotiators should have been more ambitious, respond to the needs of the most marginalized and vulnerable people, tackle the systemic roots of climate change and introduce a new global paradigm based on the needs of people (rather than those of countries) and on the idea of climate justice.

However, the shortcomings of the agreement should not come as a surprise. It would have been enough to spend few hours inside the Espaces Generation Climat and to skim through the almost three-hundred conferences and the names of their organizers to understand that the UN Climate Change Complex was not structured around the needs of the weakest and most affected. In particular, the way in which the public space of the CGA was organized and its intellectual content clearly revealed that the objective was to utilize the rhetoric of inclusion to legitimize the reproduction of the status quo. Some islands of paradigmatic diversity were allowed, but they were surrounded by a sea of intellectual homogeneity and market-based trajectories.

“Climate justice” appeared in the title of four conferences; the role of workers and just transition were discussed in five panels; two panels touched upon the link between meat production and greenhouse gases; indigenous people could be spot walking across the alleys in their traditional dresses and had two permanent gazebos; moreover, some NGOs organized pro-people and anti-corporate interests protests almost every day in ways that were visible to the press but never disruptive of whole Climate Change Complex. Around these few pockets of alternative, the ten days of CGA were occupied by the vision of transnational corporate groups (like Veolia and Suez talking about the future of water), the privatizing dreams of the International Chamber of Commerce (engaging with ’emerging solutions to drive private investments in climate resilience’), and the homogenizing vision of corporate social responsibility (Rainforest Alliance, Global Compact, and Marine Stewardship Council), reforestation, carbon sequestration, green growth and financialization of the environment (EcoVadis, OroVerde, Climate Economics, Proyecto GuateCarbon, Brazilian Institute of Research and Carbon Management, Carbon Tracker Initiative).

As if this was a “climate change fair”, hostesses and stewards welcomed the visitors with fliers, articles on sale and gadgets, including a corporate-branded notebook made with 91% renewable paper (i.e. 9% not renewable and who knows how energy-intensive), the Paris COP21 Michelin guide (where the tires producer underlines the link between mobility and human development and indicates a €36 euro meal a good value opportunity) and bars of “The change chocolate”, a “sweet reminder to support Climate Neutral Now and the biggest afforestation project ever” (as climate change had nothing to do with worldwide shipping and value chains – including of cocoa -, reforestation was not infringing upon the rights of local communities, and planting trees was by its nature a good action). And for those who felt a little hungry or thirsty (but not environmentally concerned) non-certified and non-geographically identified meat-based meals were available in the Place de La Republique restaurant or at the hamburgers truck, together with Coca Cola cans and bottled water. A little worried about the negative implications of livestock production and commodified water, the Marine Stewardship Council (MSC) logo would be there to get rid of your guilty feelings, while you eat fish and chips right next to a stand that is denouncing the depletion of seas and of marine resources,6 and it would only cost you one Euro to borrow a COP21 cup and drink from the few public fountains disseminated in the pavilion. “The first institutionalized attempt in the history of climate conference organization to provide an area for public gatherings, discussions and education” was, therefore, an attempt to impose and legitimize the same paradigmatic framework that would characterize the final agreement.

Noticed…but irrelevant

Reading the 131 pages of the draft decision, preamble and text adopted by the COP21, the term climate justice is mentioned only once, and towards the end of the preamble. There, the 196 countries agreed to notice “the importance for some of the concept of “climate justice.”7 A couple of paragraphs later, the preamble concludes with the recognition “that sustainable lifestyles and sustainable patterns of consumption and production, with developed country Parties taking the lead, play an important role in addressing climate change.”8

The negotiators that concluded the “world’s greatest diplomatic success” – according to The Guardian-9 acknowledged the anti-redistributive implications of climate change, the intrinsic connection between global capitalism and global warming and the need for a radical change of the worldwide economic structure, but considered them irrelevant in defining the way forward. Similarly, the ‘open to all’ space of the CGA recognized the existence of promoters and supporters of climate justice and alternative visions, but embedded them in a context that was based on opposite premises and objectives. Dissent and alternative visions were not ignored, but noticed and absorbed, both in the text adopted by 196 countries and in the space provided for public engagement with the roots and solutions for climate change.

However, the lack of ambition and the impasse that characterized both the COP21 and the Espaces Generation Climat were transformed into energy and motivation by the thousands of people who crowded the streets and squares of Paris. In particular on December 12th, the day when the agreement was concluded, peasants, indigenous communities, anti-colonial movements, large NGOs and common citizens defied the state of emergency to manifest their dissent and claim for respect, dignity and a binding commitment to the 1.5 degrees threshold. They recognized the urgency and the irreversible pattern of climate change and challenged governments to keep fossil fuels in the ground, decarbonize, abandon nuclear energy, support agroecology, assume responsibilities for the loss and damages of the past and do everything possible to undertake a just transition and create a better future.

Both the agreement and the Espaces Generation Climate reveal the monolithic, inadequate, and homogenizing nature of institutionalized spaces of engagement with climate change. However, their limits and shortcomings provided the energy and the disillusion required to build new spaces for dialog, alternative platforms for participation, and think of more effective forms of resistance. The hope is that, from now on, global action for climate change will not be defined by the voices coming from above, but by those coming from below. As a matter of fact, a systemic and real transformation will only happen when justice, dignity, equality and the lives of marginalized and excluded will not be treated as trivialized tokens anymore, but the founding pillars of the new global agenda.

Dr Tomaso Ferrando , Warwick Law School

1 UN Conference on Climate Change ‘Climate Generations Areas’, available at <>.


3 Ibid.

4 The attacks that took place in Paris on November 13th, 2015 may explain part of the security measures adopted. However, the decision to hold the meeting outside the city center and within a gated perimeter was taken long before those events.

5 See e.g. Aurelien Bouayad, L’écologisme est-il un terrorisme?, Le Huffington Post, January 12, 2015, available at <>; Umberto Bacchi, COP21: France uses Paris attacks’ state of emergency to detain environmental protesters, International Business Time,

6MSC was funded in 1996 by the WWF and Unilever and became independent in 1999. In the last years, the program has been widely criticized by Greenpeace and other environmental groups for its low standards, its governance structure and the certification criteria. See Greenpeace, Assessment of the Marine Stewardship Council (MSC) Fisheries Certification Programme , available at

7See the preamble of the United Nations Framework Convention on Climate Change (United Nations, Conference of the Parties, Twenty-first session, Adoption of the Agreement, Annex I, United Nations Framework Convention on Climate Change, Preamble, FCCC/CP/2015/L.9/Rev.1, Paris, November 30 to 11 December 2015).


9Fiona Harvey, Paris climate change agreement: the world’s greatest diplomatic success, The Guardian, December 14, 2015, available at (last visited 19 December 2015).

The Espaces Generation Climat and the domestication of public engagement

Reflections on climate action in the aftermath of Paris

coal kills
Australian climate activist theatre troupe, ClimActs, as “climate guardians” in Paris

Julia Dehm

This is the first contribution of an online symposium co-hosted by Law and Global Justice at Durham and Human Rights in Ireland on the Paris Climate Agreement. The call for contributions is still open, and inquiries should be addressed to Ms Ntina Tzouvala (

#COP21 in Paris has produced a global legal agreement to address climate change which allows governments and world leaders to celebrate their “historic” and “landmark” commitments, all while delaying the action that is necessary to address climate change. The Agreement, although framed in terms of “high ambition”, provides only a slight moderation of “business as usual”. The Paris Agreement fails to meet all the elements of the “Peoples’ Test“, the criteria that social movements, trade unions and environmental groups agreed would need to be meet for a fair and effective agreement. It fails to catalyze an immediate, urgent and drastic emission reductions; provide adequate support for transformation; deliver justice for impacted people; or focus on genuine effective action rather than false solutions. It thus, breaches multiple climate justice “redlines”. The Paris outcome has been called a “fraud”, “fake” and “bullshit” by eminent climate scientist James Hanson and was described by Global Justice as a text that “undermines the rights of the world’s most vulnerable communities and has almost nothing binding to ensure a safe a livable future for future generations”. Others pronounced that the talks had “failed humanity” with negotiations focused more on “commercialization of nature” than “saving Mother Earth”.

These scathing assessments however sit uneasily with the celebratory tone of the mainstream press, political leaders and large environmental NGOs who have heralded the deal as “landmark”. The UNFCCC proclaimed it a “historic agreement to combat climate change and unleash action and investment towards a low carbon, resilient and sustainable future.” International lawyers have been more measured in their reactions, but prominent commentators have assessed the Paris Agreement as a “triumph” that “strikes a fine balance between ambition, differentiation and finance”, while another international lawyer described it as “potentially pivotal”, a “solid outcome” that satisfied a modest criteria of success. In this context it is critically important to interrogate both the substance of the Paris Agreement, but also its reception, given it is, as the Director of Global Justice writes, “outrageous that a deal is being spun as a success”. The disjuncture between these highly divergent perspectives can perhaps be explained by George Monbiot’s pertinent assessment that “by comparison to what it could have been, it’s a miracle. By comparison to what it should have been, it’s a disaster”. In a similar vein, other NGOs have welcomed the Paris Agreement, while acknowledging its very real shortcomings as “a hook on which people can hang their demands” and a “new tool to work with” as they continue to mobilize to build the peoples’ power that will be necessary to hold world leaders to the commitments they have publically made.

The highly divergent and irreconcilable responses to the Paris Agreement however are primarily reflective of the differently situated standpoint of those assessing it. It is the people who are on the frontlines of climate change who have been the loudest in condemning the agreement whilst it is those who have the most to lose by the radical transformation of the status quo that climate change demands, that have been most vocal in its praise. Further, the contradictory assessments of the Paris Agreement reflect different understandings and framings of the “problem” of climate change and nature of the social, economic, cultural and political change addressing it demands. The voices who have praised the Agreement are primarily those who conceptualize climate more narrowly as a technical and regulatory challenge that can be addressed within existing capitalist social and economic relations, in many case through an expansion of “green capitalism”, markets for environmental services and pollution trading. In contrast those most critical of the Paris Agreement are groups and individuals with a climate justice analysis that see climate change as embedded within and both reflecting and reproducing global structural inequalities. A media briefing put out by Oxfam during the Paris talks highlights “extreme carbon inequality”.[1] Their analysis suggests that the poorest half of the global population, approximately 3.5 billion people are responsible only for 10% of global emissions from individual consumption, 50% of emissions can be attributed to the richest ten percent, yet, cruelly, it is those who have least caused the problem who are most vulnerable to its effects.

From a perspective attentive to the global distribution of responsibilities and vulnerabilities produced by climate change the Paris Agreement is not only inadequate in its ambitions but further accentuating of these inequalities. It puts in place a “bottom-up” voluntarist framework for climate governance that allows for the abrogation of responsibilities for mitigation and financial support for mitigation, adaptation and addressing already exiting climate change by the most polluting countries. Moreover, the Agreement is structurally unable to contest the logic of economic growth and persistent accumulation driving the crisis given the continual reliance upon and expansion of market-mechanisms and the commodification of the atmosphere as central to its mitigation methods.

Gap between rhetoric and commitments

A key failure of the Paris Agreement is the gap between the stated objectives of “holding the increase in the global average temperature well below 2°C above pre-industrial levels and to pursue effects to limit the temperature increase to 1.5°C above pre-industrial levels” and the actual emission reduction pledges made by countries. While the inclusion of the 1.5°C was a major symbolic victory pushed for by the most vulnerable countries, given that exceeding 1.5°C warming entails unacceptable impacts for billions and people and risk exceeding irreversible tipping points, the actual pledges submitted by 187 countries (called “intended nationally determined contributions” (INDCs) in UNFCCC-speak) have been assessed by independent monitors and the UNFCCC to put the world on track to 2.7 – 3.4°C warming. The INDCs of key polluting countries propose only minimal reductions of 1% per year, while others propose reductions compared to “business as usual” and thereby lock in actual increases in emissions. This graph, from a UNFCCC report shows how the properly implemented INDCs will still see a steady growth of aggregate global emissions to 2030. Overall emissions are expected to continue to increase for the next 15 years by significant amounts: an estimated 8-18% increase from 2010 levels by 2025 and a 11-22% increase from 2010 levels by 2030.

Given that the actual pledges made by Parties effectively lock in a catastrophic future, there has been significant focus on the provisions in the Agreement for a “global stocktake” (Article 14) to “racket up” ambition. The first such review is scheduled for 2023 (and every five years thereafter). However at current rates of emissions we could blow the global “carbon budget” we must stay within in order to have a reasonable chance of limiting warming to 1.5°C in six years. That is, by the time the emissions reductions commitments in the Paris Agreement are revisited the window on limiting warming to 1.5°C could already be slammed closed. As such, the lofty language of “ambition” and laudable objectives and promises of future action has operated as dangerous panacea at Paris masking delays with some commentators suggesting that optimism could be call the “new denialism”.

Paradigm shift to a new voluntarist architecture for climate governance

This gap between intention and action is however not the most problematic aspect of the Paris Agreement, rather it is the inequitable framework for action and the sidelining of climate justice demands that are of key concern. The Paris Agreement “completes a paradigm shift” from the top-down model of the Kyoto Protocol, structured around the differentiated obligations of nations based on the developed/developing bifurcations, to the more voluntarist “bottom-up”, “pledge and review” approach of the controversial Copenhagen Accord (2009). This shift has several consequences. Firstly, there is no mechanism beyond peer pressure in the review process to ensure that the voluntary emission reduction commitments made by countries match what the levels of action the science tells us is necessary. Secondly, this voluntarist framework imposed no obligation that countries accept responsibility for meeting at least their “fair share” of the global mitigation effort. Countries, due to their differential wealth and income levels have differentiated capacity to take mitigation action, while the differentiated levels of continued per capita and historical emissions imposes differentiated moral responsibilities to take mitigation action. A recent civil society assessment of the INDCs stressed that “the operationalization of equity and fair shares must focus on historical responsibility and capacity, which directly corresponds with the core principle of the UN climate convention of “common but differentiated responsibilities – with respective capabilities”. The assessment found that “all major developed countries fell well short of their fair shares” while the “majority of developing countries have made mitigation pledges that exceed or broadly meet their fair share”. As such, a third consequence of this “paradigm shift” is that while the principle “common but differentiated responsibilities and respective capabilities” is articulated in the Paris Agreement (Article 2(2)), there is much less scope for its operationalization in a meaningful way.

The issue of climate finance was controversial at the Paris summit, with the US angering developing countries by proposing that the costs of climate finance should be equally born by developed and developing countries. The Paris Agreement states that “(d)eveloped country Parties shall provide financial resources to assist developing country parties with respect to both mitigation and adaptation” (Article 9(1)) but fails to specify amounts or impose obligations on specific states. (Developing countries are “encouraged” to provide such support voluntarily (Article 9(2)). The related COP decision reiterates an intention to continue the existing mobilization goal of USD 100 billion annually by 2020 (first articulated in the Copenhagen Accord) until 2025. To date, much of this promised climate finance has failed to materialize. Although a recent OECD report argued two-thirds of this has been transferred, developing countries accused its methodology as being “deeply flawed” raising concerns this money is neither new nor additional. Given that the United Nations Environment Program has estimated that the cost of climate adaptation could reach $210-300 billion annually by 2050, even if temperature rise was limited to 2°C, these pledges, even if delivered fall horrifically short of what is necessary.

The Paris Agreement further restricts rights of those who are most vulnerable to the effects of climate change in another critical way. The question of compensation for the impacts of climate change has been pushed by small island states since a Convention was first envisioned in 1990. The Paris Agreement included provisions for “loss and damage” (Article 8) for already occurring climate change impacts, however, the COP decision accompanying the decision specifically

Agrees that Article 8 of the Agreement does not involve or provide any basis for any liability or compensation (Decision -/CP.21, para 52).

Reports have claimed that the discussion of compensation for loss and damager were shut down by the US through a mixture of bullying and bribery, which these discussions considered “off limits” as the US “categorically refused to consider any proposal for reparations for the damage rich countries’ emissions have already caused”. The impact of already happening climate disasters is enormous, both the human and economic costs, as demonstrates by the devastation of deadly floods in Chennai, the devastation of Typhoon Haiyan in the Philippines and Tropical Cyclone Pam in Vanuatu. A 2013 World Bank report found that natural disasters cost $200 billion annually, three-quarters of these costs from extreme weather. The issue of compensation for already existing climate impacts is not a question of charity or aid, rather it is accepting the legal and moral obligations of the rich world to repay debts accrued due polluting activities that have caused the climate crisis which is disproportionately devastating those already impoverished by historical and ongoing relations of colonial plunder. Even as climate change disproportionately and devastatingly hits those least responsible for causing the problem and who are already impoverished the hardest, the Paris Agreement fails to impose responsibilities upon those who have transformed the climate to repay their “climate debts” and establish proper mechanisms of international co-operation and support.

Failing to drive necessary structural transformations

Although major newspapers have reported that “200 nations sign in the end of fossil fuel era,” the Paris Agreement does not mention the words “fossil fuels”, “coal” or “oil”. It contains no commitments to leave fossil fuels in the ground, despite the fact that over 80% of proven fossil fuel reserves must remain underground extracted to have reasonable chance of restricting warming to 2°C. Nor does it contain any commitment to remove the over US$500 billion annually in subsidies for fossil fuels (a figure that dwarfs what governments give in climate finance or support for renewable energy technologies). In the immediate aftermath of the Paris Agreement, Australia’s environmental minister approved the controversial Abbott Point coal port, which if built would be one of the world’s largest coal export terminals while the US repealed its crude oil exports restrictions. The same leaders who made speeches about “ambition” at Paris in domestic policy decisions continue to lock-in a fossil fuel intensive future that will fry the world. It is clear that the Paris Agreement, in itself, will not mobilize and galvanize the structural transformation away from fossil fuel that is urgently necessary, instead pressure to keep coal and gas in the ground is coming from increasingly transnationally organized grassroots climate justice movements and frontline communities fighting for land, water, clean air and a habitable future.

Further, rather than addressing a key root cause of climate change, namely fossil fuel extraction, the Paris Agreement aims “to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century” (Article 4(1)). This language of “zero net emissions” has been described as a “dirty secret” of this deal by the ETC Group. The climate emergency requires urgent action be taken to “keep oil in the ground” but also to draw down carbon from the atmosphere through agro-ecology and reforestation. The danger of “net zero” approaches is that they “may prove to be a trap that delays real climate action” and “could allow for business-as-usual greenhouse gas emissions, offset by massive-scale mitigation through the land sector”.

Reliance on neoliberal market-based approaches

The Paris Agreement represents a further consolidation of the deeply neoliberal market-driven approach towards climate mitigation that has proven to be so problematic in the Kyoto Protocol. The Agreement envisions the use of carbon trading as a key means by which mitigation is achieved. Although these words “carbon”, “trading” or “markets” do not directly appear in the text, Article 6 recognizes “voluntary cooperation in the implementation of their intended nationally determined contributions” and the use of “internationally transferred mitigation outcomes” and establishes a mechanisms to support such approaches. Over half the international nationally determined contributions put forward by countries state that intend to use carbon markets to achieve their mitigation promises. The Agreement has been welcomed by Carbon Pulse as “ring(ing) in a new era of international carbon trading”, and similarly celebrated by the International Emissions Trading Association as having a “clear role for markets“. The World Bank response to the Paris Agreement promise to “explor(e) ways to create incentives for large scale cuts in emissions by widening and deepening carbon markets“. These highly neoliberal responses of the climate crisis operate to further commodify and financialize the atmosphere and create a “spatial fix” whereby the emission reduction obligations of the rich world can be displaced through a form of post-modern environmental indulgences. The Kyoto Protocol’s market-mechanisms and the European Union Emission Trading Scheme (ETS) have been heavily criticized for creating perverse incentives and providing a dangerous distraction from the social transformations that are urgently necessary. The Paris Agreement fails to learn from the many flaws of market-based approaches and instead envisions an expansion of these highly problematic mechanisms.

Further, Article 5 of the Paris Agreement provides for “action to conserve and enhance, as appropriate, sinks and reservoirs of greenhouse gases” through the controversial Reducing Emissions from Deforestation and forest Degradation (REDD+) mechanism. Although many of the details of the REDD+ framework have yet to be finalized, it envisions allowing “offsets” produced from “additional” forest protection in the global South to be used towards achieving the emission reduction targets by countries in the global North. These schemes have been criticized as a “false solution“, that fails to reduce aggregate global emissions, that could promote a new “landgrab” over forest areas and violate the rights of the 1.6 billion people, many of whom identify as indigenous, that live in and around forested areas. Indigenous activists have argued that REDD+ promotes new forms of “carbon colonialism” or CO2lonialism. Indigenous groups, social movements have vocally opposed the “false solutions” such as carbon trading that are part of the Agreement and “called on movements to continue to build their own, just alternatives to the political and economic systems that have caused the climate crisis”. In response to the Paris Agreement, Tom Goodtooth, Director of the Indigenous Environment Network said:

Instead of cutting CO2 and greenhouse gas emissions, the UN, the US, the EU, China, Norway and climate criminals like BP, Total, Shell, Chevron, Air France and BHP Billiton are pushing a false solution to climate change called REDD (Reducing Emissions from Deforestation and Degradation). REDD is a carbon offset mechanism which privatizes the air that we breathe and uses forests, agriculture and water ecosystems in the Global South as sponges for industrialized countries pollution, instead of cutting emissions at source. REDD brings trees, soil, and nature into a commodity trading system that may result in the largest land grab in history. It steals your future, lets polluters off the hook and is a new form of colonialism. NO to Privatization of Nature!”

The promotion of these carbon offset schemes was a key reason why indigenous rights activists were so concerned about the removal of any reference to human rights and indigenous peoples rights from the final agreement. Bracketed text that addressed human rights, indigenous rights and gender equity was removed from the Agreement’s objectives and included only in the Preamble, after pressure from Britain, Norway and the US. In response Indigenous “kayactivists” paddled down the Seine River to protest this exclusion, continuing the struggle activists have fought since 2007 to ensure UN climate projects respect indigenous rights.

Where to now?

The failure of the Paris Agreement come as no surprise to climate justice social movement groups, many of whom were highly skeptical of the talks and the hope that was being invested in them. The UNFCCC Conference of the Parties have in recent years quite literally become Conference of the Polluters “serving as exhibitions and promotional fairs for the world’s biggest environmental criminals.” In Paris activists targeted the corporate capture of the talks, by staging protests at the “Solutions COP21” side event where companies such as Engie (formerly GDF Suez), Carrefour, Veolia, Sofiprotéol and Schneider Electric promoted corporate responses to climate change, where they were dragged out by police.

There are however, as Jess Worth and Danny Chivers write, reasons to feel positive about Paris, not because of the Summit or its outcomes, but because of the organizing and vibrant protests of social movements in the streets outside. Despite the repressive conditions state of emergency imposed by the French state, grassroots groups affirmed they would take to the streets despite the ban, many facing violent repression from French police who attacked, tear gassed and arrested hundreds of protestors. On the 12th of December people took to the streets, depicting visually the “redlines” that the Agreement crossed, thousands marched condemning the failures of the Agreement. A Declaration put out by the group It Takes Roots reads:

We leave Paris only more aligned, and more committed than ever that our collective power and growing movement is what is forcing the question of extraction into the global arena. We will continue to fight at every level to defend our communities, the earth and future generations.

It is this spirit of defiance and dedication to disrupting that status quo that holds the best hope for still minimizing the devastating impacts of climate change. After the Copenhagen climate summit ended disastrously in December 2009 with global leaders failing to reach a legally binding climate agreement climate activists in Newcastle, Australia took action into their own hands, stopping a coal train headed to the largest coal export terminal in the Southern hemisphere and unfurled a banner: “Greed wreaked Copenhagen. Now its up to us”. Six years later, global leaders are celebrating a “landmark” agreement that nonetheless fails people and the planet.  Substitute “Copenhagen” for “Paris” and the message is the same, and the same spirit of continuous struggle will be necessary to contest the vested interests and the drive for accumulation that has brought us to the brink of planetary disaster.


Julia Dehm (Postdoctoral Fellow, Rapoport Center for Human Rights and Justice)


[1] See also Lucas Chancel and Thomas Piketty, “Carbon and Inequality: from Kyoto to Paris” (3 November 2015, Paris School of Economics) <>.

Reflections on climate action in the aftermath of Paris

Three EU-funded Ph.D positions on Environmental Governance and Compliance (4 years)

UCDDr Suzanne Kingston is a Senior Lecturer in Law in UCD Sutherland School of Law. In December 2014, Suzanne was awarded a research grant of almost €1.5 million  from the EU’s European Research Council for a project investigating how the way we design our laws influences levels of environmental compliance in the EU, and how we might change our laws to make environmental policy more effective (“LEGALARCHITECTURES“).

This is an exciting opportunity for talented students to play an important role in a cutting-edge project at the intersection of law, governance, psychology and economics, investigating the way that laws influence our decisions to engage (or not to engage) in environmentally compliant behaviour in Europe.

Non-compliance with the EU’s environmental rules is one of the key weaknesses of the EU’s environmental policy, and the EU has over the past decade brought in rules to encourage decentralised, society-led governance by local private actors, including environmental NGOs but also private individuals and companies, in an attempt to improve compliance levels.  Yet surprisingly little is known about the extent to which this major change in environmental governance rules has actually influenced compliance levels in practice, and why.  The central question of this project is therefore: Can the design of environmental governance rules influence us not only to comply with the letter of the law, but also to go further?

Funded by the European Research Council, you will form part of an interdisciplinary team of six people, comprising the Principal Investigator Dr. Suzanne Kingston, a postdoctoral researcher, the 3 Ph.D. students and a research assistant.  Specifically, we are looking for: Continue reading “Three EU-funded Ph.D positions on Environmental Governance and Compliance (4 years)”

Three EU-funded Ph.D positions on Environmental Governance and Compliance (4 years)

Conference: Law in Action Re-Imagining Clinical Legal Education In Ireland

UCDOn Friday, 13th June 2014 from 10am to 5pm, UCD Sutherland School of Law will host a conference Law in Action Re-Imagining Clinical Legal Education In Ireland.  Organised  jointly between UCD School of Law,  the Public Interest Law Alliance, University of Ulster Law Clinic and the Irish Clinical Legal Education Association, the full programme with an exciting line up of international, European and national experts in legal education, clinical legal education, public interest law and litigation and the interaction of law and social justice is available here.  There is no registration fee, and those interested in attending the conference can register here (CPD Points Available).

This conference invites speakers and participants to consider some of the following issues: Continue reading “Conference: Law in Action Re-Imagining Clinical Legal Education In Ireland”

Conference: Law in Action Re-Imagining Clinical Legal Education In Ireland

The Right to Water and Privatisation in Ireland

We are delighted to welcome another cross-post by Dr Shane Darcy from the Business and Human Rights in Ireland Blog.  The Business and Human Rights in Ireland Blog is dedicated to tracking and analysing developments relating to business and human rights in Ireland. It aims to address legal and policy issues, as well as highlighting human rights concerns raised by the activities of Irish companies or multinational corporations based in Ireland. The blog is run by Dr Shane Darcy who is a lecturer at the Irish Centre for Human Rights, National University of Ireland Galway.

The privatisation of water in Ireland may be imminent. In its correspondence with the International Monetary Fund, the Irish Government has stated its intention to “move towards full cost-recovery in the provision of water services”. This involves the introduction of water charges, metering and the establishment of a State agency, Irish Water. The Department of the Environment, Community and Local Government say Irish Water is a public utility, and that “there is absolutely no intention to privatise water services”.

Nonetheless, the centralisation of water provision from local authorities in one entity would certainly make privatisation easier. As does the introduction of a customer-supplier relationship by way of charges and metering, as Ryan Meade has noted. The Irish Times ran an article in February 2013 with the headline ‘Dail warned legislation will open floodgates for new Irish Water to be privatised’.  Former Green Party Minister John Gormley sees the establishment of the water authority as the first step to privatisation. However, according to Minister of State for Natural Resources Fergus O’Dowd last month:

there will be a legal guarantee to give an absolute assurance as best we can that there will be no question of privatisation arising as an issue.

A qualified commitment from a Government under pressure from the IMF and the EU (with its controversial proposed Concessions Directive). In light of the introduction of water charges, legislation is reportedly to be adopted addressing exemptions, including for those who might not be able to afford the charges.

What does international human rights law say about water and its privatization? None of the major treaties refer to a right to water, although it can be taken as implicit in the International Covenant on Economic, Social and Cultural Rights. It was only in 2010 that the United Nations General Assembly adopted a declaration on the right to water. The declaration recognizes “the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights”. Ireland abstained from the vote on the declaration.

The Committee on Economic, Social and Cultural Rights does not seem to oppose Continue reading “The Right to Water and Privatisation in Ireland”

The Right to Water and Privatisation in Ireland

The Price Of Cheap Clothes

We are delighted to welcome another cross-post by Dr Shane Darcy from the Business and Human Rights in Ireland Blog.  The Business and Human Rights in Ireland Blog is dedicated to tracking and analysing developments relating to business and human rights in Ireland. It aims to address legal and policy issues, as well as highlighting human rights concerns raised by the activities of Irish companies or multinational corporations based in Ireland. The blog is run by Dr Shane Darcy who is a lecturer at the Irish Centre for Human Rights, National University of Ireland Galway.

The factory collapse in Bangladesh is the latest in a long line of fatal incidents that have taken place in developing countries supplying the bulk of cheap clothes to consumers in the West. Over 350 people have died after an eight-storey factory building collapsed in a manufacturing complex just outside the capital Dhaka. 123 people died in a fire at the Tazreen Fashion factory in Bangladesh in November 2012, 289 died at a garment factory in Karachi, Pakistan in September 2012, and 64 people died when the Spectrum factory collapsed in Bangladesh in 2005. There are countless other examples.

Most clothing companies and brands use factories in the developing world for the production of their garments, and several big names have been connected with these tragedies: C&A, Matalan, Primark, Benetton, Wal-Mart, Zara and Mango. Penneys, one of Ireland’s largest clothing retailers, has admitted that it used a supplier based in the collapsed factory. The company is a subsidiary of Associated British Foods, trading as Primark in the United Kingdom, and has been criticised previously over poor working conditions, low pay, unfair contract terms, and the suppression of trade union activity in the Bangladeshi factories where its clothes are made. Despite such abuses having been highlighted in recent years, it was reported Continue reading “The Price Of Cheap Clothes”

The Price Of Cheap Clothes

UN Special Rapporteur on Corrib Gas Protests

We are delighted to welcome this cross-post by Dr Shane Darcy from the Business and Human Rights in Ireland Blog.  The Business and Human Rights in Ireland Blog is dedicated to tracking and analysing developments relating to business and human rights in Ireland. It aims to address legal and policy issues, as well as highlighting human rights concerns raised by the activities of Irish companies or multinational corporations based in Ireland. The blog is run by Dr Shane Darcy who is a lecturer at the Irish Centre for Human Rights, National University of Ireland Galway.

The United Nations Special Rapporteur on the situation of Human Rights Defenders has raised concerns regarding the treatment of those opposing the onshore gas pipeline being built by Shell and Statoil in Erris, Co. Mayo. Margaret Sekaggya outlines her views in a report submitted this week to the United Nations Human Rights Council. The Special Rapporteur finds that there is credible evidence which indicates:

the existence of a pattern of intimidation, harassment, surveillance and criminalization of those peacefully opposing the Corrib Gas project.

The policing of protests seems to have been disproportionate in some instances, she reports, while “there have also been serious concerns about the lawfulness of certain actions by the private security firm employed by Shell”.

The Corrib Gas dispute has Continue reading “UN Special Rapporteur on Corrib Gas Protests”

UN Special Rapporteur on Corrib Gas Protests

Options on the way forward for human rights in Northern Ireland

Human Rights in Ireland welcomes this guest post from Prof. Brice Dickson and Prof. Colin Harvey , Human Rights Centre, School of Law, Queen’s University Belfast.

Advice on a Bill of Rights for Northern Ireland, submitted to the Secretary of State by the Northern Ireland Human Rights Commission in 2008, was roundly rejected by the UK government in 2009 and there seems to be little appetite within the Northern Ireland Office for revisiting the issue in the foreseeable future. In London, the coalition government’s Commission on a UK Bill of Rights, set up in 2011, reported in 2012 but could not suggest an agreed way forward on a UK basis. In Scotland, on the other hand, bearing in mind the forthcoming referendum on independence in 2014, there is renewed interest in whether legislation should be passed by the Scottish Parliament to guarantee a range of social and economic rights. The Republic of Ireland, for its part, is currently re-examining its Constitution and has recently voted in a referendum to enhance the protection of children’s rights.

As the nature and extent of the protection of rights continue to vary within these islands, we think it is worthwhile putting forward a list of options for what might next be done in this context within Northern Ireland. We are doing so under the auspices of the Human Rights Centre in the School of Law at Queen’s University Belfast. The Centre is keen to play a leading role in promoting critical thought and further Continue reading “Options on the way forward for human rights in Northern Ireland”

Options on the way forward for human rights in Northern Ireland