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

• Grant number: 24/19225-7
• Support Opportunities: Scholarships abroad - Research Internship - Doctorate
• Start date: February 03, 2025
• End date: August 02, 2025
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Ana Maria de Oliveira Nusdeo
• Grantee: Leonardo Cunha Silva
• Supervisor: Sandrine Maljean-Dubois
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
• Institution abroad: Aix Marseille Université, Site D'Aix-En-Provence, France
• Associated to the scholarship: 22/14301-1 - Credible commitments: formulation and control of nationally determined contributions under the Paris Agreement in Brazil and the European Union, BP.DR

Abstract

It is a research plan abroad for Research Internships Abroad (BEPE) from the State of São Paulo Research Foundation (FAPESP). The doctoral work to which this research plan abroad is linked seeks to understand how the fulfillment of the obligation to submit contributions by the signatories of the Paris Agreement (especially as outlined in Article 4(2) of the international treaty) and the judicial control of the administrative procedure for formulating NDCs by their respective courts cope with the challenge of establishing credible commitments in the case of collective action on the atmosphere, as a common good. A multiple case study is proposed to analyze the process of formulation and judicial review of nationally determined contributions by the Federative Republic of Brazil and the European Union. This BEPE research project entails a study period at Aix-Marseille Université (France) with the specific objective of collecting and analyzing data on institutional behavior in the European Union. Through data collection and analysis, it is expected to understand (i) the administrative procedures behind the EU's NDC formulation, focusing on: (i) implementation of contribution obligations; (ii) domestic bodies' discretion; (iii) participation instruments for involved entities and the public; (iv) chosen formulation parameters; and (ii) how the articulation between the NDC formulation process and domestic-level judicial review ensures the credibility of contributions communicated at the international level. The proposal is submitted with the acceptance of Prof. Sandrine Maljean-Dubois, Director of research at CNRS and senior researcher at CERIC.