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Abstract
On 17 April 2007 the United Nations Security Council held its first debate on climate change, energy and security. Since then, and despite a number of reports emphasizing the security implications of climate change, there has, at least in diplomatic circles, been a move away from the previous trend towards accepting climate change as a question of international security. This is primarily due to the possibility of the Security Council taking the lead in coordinating global efforts to mitigate, or adapt to, climate change. Developing countries interpret this possibility as a rejection of the principle of common but differentiated responsibilities as incorporated into the United Nations Framework Convention on Climate Change. The increasing urgency of taking decisive action means that it is too early to rule out a role for the Council with its coercive powers. Ultimately, however, the success of any international regulations will depend on their political legitimacy.
Notes
1 The author would like to acknowledge the valuable research assistance of Tim Aistrope and Alexandra Walker.
2 United Nations Framework Convention on Climate Change, 1992, reprinted in 31 ILM 849 (1992).
3 The Kyoto Protocol to the United Nations Framework Convention on Climate Change, 1998, reprinted in 37 ILM 22 (1998).
4 Article 25 of the UN Charter: ‘The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.’
5 Article 103 of the UN Charter states that, ‘In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.’
6 Article 39 of the UN Charter.