Legal Framework and Structure of the Paris Agreement on an International Plane - By Charalee Graydon

 

Contact Information
Daniel Erdmann
Hohenzollerndamm 182
Berlin
Berlin - 10713
Germany
+49 30 982 986 49
mail@worldmediation.org
 
Legal Framework and Structure of the Paris Agreement on an International Plane
By Charalee Graydon

Framework: The Paris Agreement meets the requirements of a treaty under the Vienna Convention on the Law of Treaties and is part of the United Nations Framework Convention on Climate Change (UNFCCC). This paper examines the status and legal structure of the agreement in international law, sets out the objectives of the Paris Agreement and provides background material leading to the Paris Agreement. It is shown that the agreement supports the objectives of the UFCCC which seeks international cooperation to combat climate change by limiting average global temperature increases and to deal with climate change impacts.

The Agreement is a treaty that melds general principles of traditional and modern international law, employing concepts of hard and soft international law. Binding and non-binding norms are replaced with the objective of cooperation between States whose sovereignty is respected by recognition that States will set their own goals in reducing greenhouse gas emissions.

The UNFCCC and Paris Agreement work together to promote the objective of limiting greenhouse gas emissions. The law of treaties in these instruments is augmented by general principles of international law, unilateral declarations and the gradual development of customary law. It is shown that concepts of rights and obligations relating to climate change create norms that reflect the changing scientific, economic and political realities of States in the twenty-first century. By ratifying the Paris Agreement, States provide definition to the objectives of the UNFCCC and UN protocols dealing with climate change.

The Paris Agreement sets out procedures for States to report their emissions and share information about handling impacts of climate change. The Paris Agreement witnesses the goal of bringing UN member States together to set a benchmark for reduction of emissions of greenhouse gases by using cooperation to achieve this objective. The goal is furthered by employing a method for dispute resolution focusing on negotiation and peaceful methods. The international legal status of the Paris Agreement is that of a binding treaty addressing reduction of greenhouse gas into the atmosphere. Working in conjunction with the UNFCCC, the Paris Agreement provides a model of cooperative international law.

Structure: This paper examines the structure and legal status of the Paris Agreement on the International plane. It reviews whether the Paris Agreement meets the requirements of a treaty under the Vienna Convention on the Law of Treaties and examines how the agreement fits in the United Nations Framework Convention on Climate Change. It sets out the objectives of the Paris Agreement and provides background material leading to the agreement. It is shown that the agreement supports the objectives of the UNFCC which seeks international cooperation to combat climate change by limiting average global temperature increases and dealing with climate change impacts.

The Paris Agreement is a treaty that melds general principles of traditional with those of modern international law. Binding and non-binding norms are replaced with the objective of cooperation between States whose sovereignty is respected by recognition that States set their own goals for reducing greenhouse gas emissions. The UNFCCC and the Paris Agreement show they work together in promoting the objective of limiting greenhouse gas emissions. The law of treaties in these climate change instruments is augmented by general principles of international law, unilateral declarations and the gradual development of customary law. It is shown that concepts of rights and obligations relating to climate change create norms reflecting the changing scientific, economic and political realities of States in the twenty-first century. By ratifying the Paris Agreement, States provide definition to the objectives of the UNFCCC and UN protocols dealing with climate change. The Paris Agreement sets out procedures for States to report their emissions and share information about handling impacts of climate change. The Paris Agreement has achieved the important goal of bringing UN member States together to set a benchmark for reduction of emissions of greenhouse gases using cooperation. This goal is furthered by employing dispute resolution which focuses on negotiation and peaceful methods. For example, non-cooperation with the Agreement is handled using diplomatic relations and peer pressure by other States.

It is concluded that the international legal status of the Paris Agreement is that of a binding treaty addressing reduction of greenhouse gas into the atmosphere. Working in conjunction with the UNFCCC, the Paris Agreement is a model of cooperative international law.

Background Information leading to the Paris Agreement: The Paris agreement is the result of an international collective process that has been guided by the UN during the twentieth and twenty first centuries to address greenhouse gas emissions. Climate conferences and meetings, under the auspices of the UN, have been taking place since the 1970s. The first world climate conference was held in 1979 in Geneva where specialists met to discuss matters regarding climate variability and the contribution of humans to modification of the climate. Specialists from several disciplines contributed to this conference and set the stage for international engagement by arranging a forum to obtain and share technical information and enter agreements to handle matters raised to deal with greenhouse gas emissions. The meeting recognized that climate change affects the lives of people throughout the world and the need for an international forum where technical information could be shared and agreements on handling climate change fostered.

Additional meetings were held during the 1980s with a second world climate conference in 1990 involving the UN Environmental Protection Committee. While member States did not set specific targets to limit CO2 emissions at this conference, they discussed principles subsequently adopted as part of the UNFCCC to stabilize greenhouse gas emissions. The UN also started treaty negotiations on climate change using the Intergovernmental Negotiating Committee.

At a meeting in Rio de Janeiro in 1992, the UN climate change document was signed by 154 states, including the European Council. This showed the ability of UN member States to cooperate on the issue of climate change. Through the Council of Parties (COP) mechanism, the UN sought models to meet the objective of member States to reduce greenhouse gas emissions. After several attempts, UN member States met this objective at the COP21 meeting where the Paris Agreement was negotiated and signed. This Agreement addresses measures for stabilization of greenhouse gas emissions in the atmosphere in a manner that recognizes other UN and international instruments dealing with universal human rights, general principles of international law and other UN treaties and protocols such as the Kyoto Protocol. An example of recognition of human rights is found in the introductory provision that climate change is a common concern of humankind. Other matters include recognition of the need for equity and that countries should have different responsibilities based on their levels of development and contribution to climate change.
For more information, visit: https://worldmediation.org/legal-framework-of-the-paris-agreement-on-an-international-plane/


Climate Change, Environment, USA

 

If you have any questions regarding information in this press release, please contact the person listed in the Contact / Company information box of this page. Please do not attempt to contact Market Press Release. We will be unable to assist you with any information regarding this release. Market Press Release disclaims any content contained in this press release.