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Title: Taiwan's participation in global climate regime : a non-party perspective
Author: Cheng, Fu-Lin
ISNI:       0000 0004 6422 1507
Awarding Body: SOAS University of London
Current Institution: SOAS, University of London
Date of Award: 2017
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This thesis aims to explore Taiwan's participation in the global climate regime from the perspective of a non-party state. It argues that given the fact that climate change is the common concern of humankind and that the operation of the UNFCCC regime will de facto or even de jure affect non-party states, the regime should refer to how a non-party state should be treated when the non-party state is rejected rather than reluctant to join the regime. In an effort to promote this argument, this thesis starts from the analysis that why Taiwan's case is unique in international law and worth studying in chapter 2. Based on the analysis in chapter 2, the thesis turns to explore the evolution and development of the global climate regime to show a whole picture and some important features of the regime in chapter 3. Chapter 4 moves to address the non-party state issue in the global climate regime. It first examines non-party issues based on public international law, and then analyses the influences of overlap of climate issues in different regimes, including the potential conflict of norms on climate issues inside and outside the UNFCCC system, and the difficulties that a non-party state will confront when integrating itself into the regime. Chapter 5 provides an empirical study on the making of Taiwan's laws and policies regarding to climate change. It elucidates how a non-party state struggles to interact and reconcile its domestic laws and policies with global climate regime. Based on the above studies, chapter 6 turns to rethink the possible approaches to encourage the widest participation of all countries and prevent the problem of free riders. Chapter 7 concludes that the UNFCCC should make itself more flexible to construct a more harmonised and target-oriented global climate regime.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral