A Fresh Reflection on COP 16 and the Convention on Biological Diversity

by Professor Margherita Pieraccini, Professor of Law at the University of Bristol Law School

As 2024 is drawing to a close, Conferences of the Parties (COPs) of three major Multilateral Environmental Agreements are happening in close succession: COP 16 of the Convention on Biological Diversity (CBD) was held between end of October and the beginning of November, COP 29 of the UN Convention on Climate Change (UNFCCC) is happening in mid-November, and COP 16 of the UN Convention to Combat Desertification will take place in early December. Although exploring the synergies between these three COPs is of great importance and their close temporal proximity this year facilitates such discussion, I will focus solely on the CBD COP 16 as I had the opportunity to attend it in person as a University of Bristol academic observer. (more…)

Enforcement and the Greater Good: The View from Financial Services Law & Regulation

By James Davey, Professor of Insurance & Commercial Law, University of Bristol Law School

Assume that we can agree what the greater good entails. And that we can design an optimal set of rules or principles that meets this objective. Who should enforce these rules, and how? This is an issue that caught the attention of leading scholars in the second half of the twentieth century. Papers by Becker, Stigler and Posner are emblematic of an initial burst of activity in the 1960s. This has since developed into a distinct branch of regulatory theory. Over time, this broadened beyond the architecture of public law and has become an embedded element within private law. This co-option of private law, and in particular the law of contract, as a form of governance has been decried by some but is now well established as a regulatory technique (Collins, 1999). (more…)