Credible commitments: formulation and control of nationally determined contributions under the Paris Agreement in Brazil and the European Union

• Grant number: 22/14301-1
• Support Opportunities: Scholarships in Brazil - Doctorate
• Start date: September 01, 2023
• Status: Discontinued
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Ana Maria de Oliveira Nusdeo
• Grantee: Leonardo Cunha Silva
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
• Associated scholarship(s): 24/19225-7 - Credible commitments: formulation and control of nationally determined contributions under the Paris Agreement in Brazil and the European Union, BE.EP.DR

Abstract

The objective of this project is to investigate how compliance with the obligations undertaken by signatory countries of the Paris Agreement, together with the actions of domestic judicial bodies in cases of commitment violations, can help solve the challenge of establishing credible agreements in situations involving collective goods. To achieve this, a multiple case study is proposed with the following aims: (i) to list the incentives for non-compliance with international environmental agreements present in the literature; (ii) to analyze the content of the procedural obligations set forth in the climate governance regime; and (iii) to describe the jurisprudential behavior of two judicial bodies from two signatories of the Paris Agreement: the Federal Supreme Court, in relation to Brazil, and the Court of Justice of the European Union, regarding the corresponding economic bloc. Based on the content of the procedural obligations and the behavior of the selected judicial bodies, comparative data is expected to be obtained in order to understand: (i) the legal responses addressed to overcoming the incentives for non-compliance faced by signatories of international climate agreements; and (ii) the articulation between the activity of formulating obligations at the international level and control at the domestic level. (AU)