Gudrun Zagel

Gudrun Zagel

Associate Professor of International Law at Salzburg University, special interest in climate change law and its linkages to other areas of law such as human rights or trade and investment law

Location Austria


  • I think that all four elements and many more concerns are the reasons for not creating a stricter regime.

  • Dear Scott, this is in fact the main function of the UNFCCC.

  • @MichaelBath I assume we need both, on the one hand the technical development, but on the other hand also the management and organization of energy supply through states. In my opinion, the states have a preeminent function in this regard. I would not favor being entirely dependent on the good will of energy companies to provide electricity and grids. The...

  • Miriam, you are very right with your observations, and it is a shame that Austria does still not have a climate law and effective mechanisms in place. The halfhearted climate change mitigation and adaptation efforts of Austria, and also of many other states, are the reason for the insufficient reactions to the problems of climate change worldwide.

  • You are right, it is the power of states, but as long as there are so many competing interests, there is a lack of willingness to adopt a stricter regime. We will see, how the adverse impacts of climate change change this willingness of states over years. It is remarkable, however, that many states, including the EU and its members, have increased the...

  • What we see increasingly is "climate litigation", ie bringing climate claims before national courts, human rights courts, etc. While this is not a centralized UNFCCC enforcement mechanism, court decisions may develop legal arguments and positions that may ultimately become binding law (we see this quite often, eg, in the EU context, where the CJEU's...

  • Yes, Lee, you are right, but it is at least a forum for discussion, and we will see how the increasingly adverse impacts of climate change will affect the willingness of states to commit themselves. At least, if we look at the nationally determined contributions under the PA, we see that states increase their commitments almost on an annual basis.

  • Sorry, could you clarify your comment?

  • You are right, like Canada, many other countries had their reasons for not ratifying Kyoto, and the result is that we do have a very weak legal regime.