In the absence of a court adjudicating what equity requires of nations in setting their national climate change commitments, a possibility but far from a guarantee under existing international and national law (for an explanation of some of the litigation issues, Buiti, 2011), the best hope for encouraging nations to improve the ambition of their national emissions reductions commitments on the basis of equity and justice is the creation of a mechanism under the UNFCCC that requires nations to
explain their how they quantitatively took equity into account in
establishing their INDCs and why their INDC is consistent with the nation's ethical obligations to people who are most vulnerable to climate change and the above
principles of international law.