The Paris Agreement proposed to keep the increase in global average temperature to well below 2 ℃ abovepre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 ℃ above pre-industriallevel...The Paris Agreement proposed to keep the increase in global average temperature to well below 2 ℃ abovepre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 ℃ above pre-industriallevels. It was thus the first international treaty to endow the 2 ℃ global temperature target with legal effect.The qualitative expression of the ultimate objective in Article 2 of the United Nations Framework Conventionon Climate Change （UNFCCC） has now evolved into the numerical temperature rise target in Article 2 of theParis Agreement. Starting with the Second Assessment Report （SAR） of the Intergovernmental Panel on Cli-mate Change （IPCC）, an important task for subsequent assessments has been to provide scientific informa-tion to help determine the quantified long-term goal for UNFCCC negotiation. However, due to involvementin the value judgment within the scope of non-scientific assessment, the IPCC has never scientifically af-firmed the unacceptable extent of global temperature rise. The setting of the long-term goal for addressingclimate change has been a long process, and the 2 ℃ global temperature target is the political consensuson the basis of scientific assessment. This article analyzes the evolution of the long-term global goal foraddressing climate change and its impact on scientific assessment, negotiation processes, and global low-carbon development, from aspects of the origin of the target, the series of assessments carried out by the 1PCCfocusing on Article 2 of the UNFCCC, and the promotion of the global temperature goal at the political level.展开更多
According to most commentators,cultural autonomy is not a right recognized by positive international law.This article argues that the core elements of cultural autonomy can be derived from the right to effective parti...According to most commentators,cultural autonomy is not a right recognized by positive international law.This article argues that the core elements of cultural autonomy can be derived from the right to effective participation guaranteed by Article 15 of the Framework Convention on the Protection of National Minorities(FCNM).The existing standards developed by the Advisory Committee on the Framework Convention are rather vague,and fail to regulate several issues important for effective participation.This is not determined by the wording of the Convention,but by the Committee’s choice to provide states with a very wide margin of appreciation.To fill in the gaps in the Committee’s jurisprudence,the article examines the case study of a recently adopted law on support for minority cultures in Slovakia.By using a qualitative-substantive approach,it specifies the content of cultural autonomy by defining its purpose,as well as the conditions under which it can be achieved.Applying the Committee’s general criteria to the specific problems raised by the Slovak law,the article establishes the core positive law requirements vis-à-vis the right to cultural autonomy.In closing,the article argues that the Committee should adopt detailed standards,similar to those proposed in the text,in order to enforce the right to effective participation in practice.Operationalizing effective participation leads in substance to the enforcement of the right to cultural autonomy,which is a developed form of the former.展开更多
文摘The Paris Agreement proposed to keep the increase in global average temperature to well below 2 ℃ abovepre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 ℃ above pre-industriallevels. It was thus the first international treaty to endow the 2 ℃ global temperature target with legal effect.The qualitative expression of the ultimate objective in Article 2 of the United Nations Framework Conventionon Climate Change （UNFCCC） has now evolved into the numerical temperature rise target in Article 2 of theParis Agreement. Starting with the Second Assessment Report （SAR） of the Intergovernmental Panel on Cli-mate Change （IPCC）, an important task for subsequent assessments has been to provide scientific informa-tion to help determine the quantified long-term goal for UNFCCC negotiation. However, due to involvementin the value judgment within the scope of non-scientific assessment, the IPCC has never scientifically af-firmed the unacceptable extent of global temperature rise. The setting of the long-term goal for addressingclimate change has been a long process, and the 2 ℃ global temperature target is the political consensuson the basis of scientific assessment. This article analyzes the evolution of the long-term global goal foraddressing climate change and its impact on scientific assessment, negotiation processes, and global low-carbon development, from aspects of the origin of the target, the series of assessments carried out by the 1PCCfocusing on Article 2 of the UNFCCC, and the promotion of the global temperature goal at the political level.
文摘According to most commentators,cultural autonomy is not a right recognized by positive international law.This article argues that the core elements of cultural autonomy can be derived from the right to effective participation guaranteed by Article 15 of the Framework Convention on the Protection of National Minorities(FCNM).The existing standards developed by the Advisory Committee on the Framework Convention are rather vague,and fail to regulate several issues important for effective participation.This is not determined by the wording of the Convention,but by the Committee’s choice to provide states with a very wide margin of appreciation.To fill in the gaps in the Committee’s jurisprudence,the article examines the case study of a recently adopted law on support for minority cultures in Slovakia.By using a qualitative-substantive approach,it specifies the content of cultural autonomy by defining its purpose,as well as the conditions under which it can be achieved.Applying the Committee’s general criteria to the specific problems raised by the Slovak law,the article establishes the core positive law requirements vis-à-vis the right to cultural autonomy.In closing,the article argues that the Committee should adopt detailed standards,similar to those proposed in the text,in order to enforce the right to effective participation in practice.Operationalizing effective participation leads in substance to the enforcement of the right to cultural autonomy,which is a developed form of the former.
