The most important climate agreement in history, the Paris Agreement on Climate Change represents the commitment of the nations of the world to address and curb climate change. Signed in December 2015, it will come into force on the 4th November, and efforts toward fulfilling its ambitious goals are already under way.
The Paris Climate Agreement: Commentary and Analysis combines a comprehensive legal appraisal and critique of the new Agreement with a practical and structured commentary to all its Articles. Part I discusses the general context for the Paris Agreement, detailing the scientific, political, and social drivers behind it, providing an overview of the pre-existing regime, and tracking the history of the negotiations. It examines the evolution of key concepts such as common but differentiated responsibilities, and analyses the legal form of the Agreement and the nature of its provisions. Part II comprises individual chapters on each Article of the Agreement, with detailed commentary of the provisions which highlights central aspects from the negotiating history and the legal nature of the obligations. It describes the institutional arrangements and considerations for national implementation, providing practical advice and prospects for future development. Part III reflects on the Paris Agreement as a whole: its strengths and weaknesses, its potential for further development, and its relationship with other areas of public international law and governance.
The book is an invaluable resource for academics and practitioners, policy makers, and actors in the private sector and civil society, as they negotiate the implementation of the Agreement in domestic law and policy.
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xiii | |
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Table of Treaties and International Instruments |
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xx | |
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xxviii | |
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PART I INTRODUCTORY CHAPTERS |
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1 Introduction: Scientific and Political Drivers for the Paris Agreement |
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3 | (24) |
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A Background and Role of Science |
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3 | (14) |
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B Politics, Economics, and Society |
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17 | (10) |
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2 Foundations for the Paris Agreement |
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27 | (23) |
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A The Legal and Policy Framework of the United Nations Climate Change Regime |
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27 | (16) |
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B Pre-2020 Climate Action and the Emergent Role of Non-party Stakeholders |
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43 | (7) |
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3 Negotiating History of the Paris Agreement |
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50 | (24) |
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4 Central Concepts in the Paris Agreement and How They Evolved |
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74 | (17) |
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5 Legal Form of the Paris Agreement and Nature of Its Obligations |
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91 | (16) |
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PART II ANALYSIS OF THE PROVISIONS OF THE AGREEMENT |
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6 Contextual Provisions (Preamble and Article 1) |
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107 | (16) |
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7 Objective (Article 2.1) |
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123 | (8) |
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8 Guiding Principles and General Obligation (Article 2.2 and Article 3) |
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131 | (10) |
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141 | (25) |
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10 Conserving and Enhancing Sinks and Reservoirs of Greenhouse Gases, including Forests (Article 5) |
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166 | (12) |
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11 Voluntary Cooperation (Article 6) |
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178 | (18) |
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12 Adaptation (Article 7) |
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196 | (28) |
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13 Loss and Damage (Article 8) |
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224 | (15) |
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14 Climate Finance (Article 9) |
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239 | (19) |
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15 Technology Development and Transfer (Article 10) |
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258 | (19) |
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16 Capacity-building (Article 11) |
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277 | (15) |
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17 Education, Training, Public Awareness, Participation, and Access to Information (Article 12) |
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292 | (9) |
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18 Transparency (Article 13) |
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301 | (18) |
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19 Global Stocktake (Article 14) |
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319 | (19) |
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20 Facilitating Implementation and Promoting Compliance (Article 15) |
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338 | (14) |
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21 Institutional Arrangements and Final Clauses (Articles 16-29) |
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352 | (23) |
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PART III CONCLUDING REFLECTIONS |
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22 Assessment of Strengths and Weaknesses |
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375 | (14) |
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23 Implications for Public International Law: Initial Considerations |
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389 | (24) |
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24 Epilogue: Making the Transition from an International Agreement to a New Epoch of Human Prosperity in One Generation |
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413 | (4) |
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| Selected Bibliography |
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417 | (4) |
| Index |
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421 | |
Daniel Klein is an international environmental law expert, currently working as Legal Officer at the United Nations Climate Change Secretariat (UNFCCC). He worked for seven years in the central unit of the UNFCCC's Executive Direction and Management Programme responsible for coordinating the substantive support to the international negotiations, first, under the Bali Road Map process (2009-2012), and second, on the Paris Agreement (2013-2015).
Marķa Pķa Carazo is a member of the faculty of the Department of International Law at the UN-mandated University for Peace. Her current research focuses on harmonization of international legal regimes, human rights and climate change. Among others, she worked as a researcher at Max-Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany.
Meinhard Doelle is a professor at the Schulich School of Law, Dalhousie University, Halifax, Canada, where he teaches climate change, energy and environmental law, and serves as Associate Dean, Research. His current research focusses on the UN climate regime, energy governance, and environmental impact assessments.
Jane Bulmer is an expert in international environmental law. She has worked as a lawyer for the United Nations Climate Change Secretariat since 2009, where she was a key member of the secretariat team that supported negotiations for the Paris Agreement. In particular, she worked on issues relating to the global stocktake and provided legal and procedural advice.
Andrew Higham is Chief Executive of Mission 2020, an initiative aimed at driving down global emissions at the pace required for full decarbonization by 2050. He was in charge of driving the strategy for reaching a universal, legally binding agreement within the United Nations Climate Change Secretariat from 2011-2016: managing the formation of the Durban Mandate and later on the team that supported the drafting of the Paris Agreement.
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