Climate change is the greatest environmental international problem facing the world today. First steps were taken to address the issue with the UNFCCC and the Kyoto Protocol, but the Copenhagen summit did not result in the successful next step the world needed. This paper begins with a review of the climate change regime to date showing the mistakes that were made leading to failure in Copenhagen. It looks at China's unique position in the international community and concludes that a meaningful climate change solution is not possible without China's participation. It examines the concepts of CBDR and fairness to determine whether it is fair for the world to demand China's participation. It looks at characteristics which should be present in a fair climate change solution, and concludes with a brief look at international trade law to determine what alternatives would be available to a coalition of willing states to encourage China's participation in a global solution or, in a worst case scenario, to form an effective solution without China's willing participation. |