From Laggards to Leaders: The Evolving Role of the Private Actors in the International Climate Regime

Abstract

The 2015 Paris Agreement on climate change embraces the participation of non-state actors in a separate governance track - the ‘Non-state actor zone for global action’ (nazca) - that runs alongside the formal track of unfccc negotiations and the implementation of the Paris Agreement by State Parties through ʼnationally determined contributions’. unfccc Secretariat is entrusted with orchestrating non-state global and transnational initiatives, partnerships and networks. The involvement of non-state actors in the implementation of the Paris Agreement helps to address an action gap by countries that are unable or unwilling to implement ambitious ndcs. However, the increased prominence of initiatives driven by non-state actors also increases their direct and indirect influence on processes and rules which raises a number of questions with regards to the legitimacy of action and the democratic deficit of the global climate regime. Balancing legitimacy with effectiveness requires non-state initiatives to ensure transparent and inclusive governance, and accountability towards progress against their goals and pledges. Despite its encouragement towards private initiatives, the Paris Agreement creates surprisingly little regulatory space for non-state actors to gain hold. Neither are there measures that would link ndcs to nazca initiatives, nor are functional requirements such as transparency or reporting extended to non-state initiatives. While the Paris Agreement marks an important step towards harnessing private sector ability and ambition for climate action, more remains to be done to create a truly enabling framework for private action to strive and complement public efforts to address climate change.