Articles by Lavanya Rajamani

The United Nations climate talks in Lima, Peru, were important as the last preparatory meet ahead of the Paris talks in late 2015, where a new global agreement to combat climate change is to be negotiated. While few would characterise the "Lima Call to Climate Action" as a resounding success, given the deep differences that plague the climate negotiations, the Lima call represents progress and will stand countries in good stead as the drum roll for Paris begins.

This article explores first, why a legally binding instrument is unlikely to emerge from the UN conference on climate change at Copenhagen, and next, whether it matters and if so, why. In the process, it examines the terms "politically binding", and "legally binding", and explores the space between and within politically and legally binding agreements. It also discusses the form and shape that a political deal could take at Copenhagen, and the influence it could have in the development of a future climate regime.

In the run-up to the United Nations conference on climate change, scheduled to be held in Copenhagen, in December 2009 there is a great deal of discussion and speculation about what legal agreement should emerge from that conference. Given the current state of the negotiations, and the range of legal form options that countries are exploring, the most viable route for Copenhagen to adopt may be a transitional option that builds on the strengths of the Kyoto Protocol, provides a lead-in time for more ambitious engagement from key players, and eventually draws the Parties towards a simple, coherent, implementable and ambitious climate regime.