Ungoverning the climate. (2nd July 2020)

• Record Type: Journal Article
• Authors: Humphreys, Stephen
• Is Part Of: Transnational legal theory. Volume 11:Number 3(2020)
• Page Start: 244
• Page End: 266
• Publication Date: 2020-07-02
• Subjects: Climate change -- climate governance -- equity -- IPCC -- ungovernance; International law -- Periodicals; Comparative law -- Periodicals; Conflict of laws -- Periodicals; Jurisprudence -- Periodicals; 341
• DOI: 10.1080/20414005.2020.1829370
• Languages: English
• ISSNs: 2041-4013

Abstract

ABSTRACT: In this article I canvass four kinds or 'modes' of ungovernance, which I characterise as agnostic, experimental, inoculative, and catastrophic . I then turn to climate change, and the questions of climate governance and climate equity, which, I argue, exemplify each of these four modes in different ways. The fact of climate change might be characterised as the materialisation of ungovernance, insofar as it is the incidental or accidental outcome of an aggregate of rational decisions underpinned by a vast but selective regulatory apparatus. But more poignantly, the international law apparatus that has grown up around the climate problem presumes and embeds uncertainty regarding any resolution.