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THE PARIS AGREEMENT ON CLIMATE CHANGE: BALANCING “LEGAL FORCE” AND “GEOGRAPHICAL SCOPE”

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The Paris Agreement on Climate Change has been acclaimed as a “historic turning point”, but it has also been dismissed as “an epic failure”. This note presents some critical considerations on this Agreement, focusing on two questions: first, to what extent will the Paris Agreement be legally binding for its Parties; and second, which of two essential concerns has a higher weight when balancing “legal force” and “geographical scope”? The author concludes that, while the Paris Agreement in itself will be legally binding on its States Parties, its individual provisions provide little scope for their judicial enforcement. In order to restore the balance, which has tipped towards the geographical scope, considerable weight must now be put on the scales in the next phase of the process, so as to render the modalities of the Agreement’s transparency and facilitation mechanisms as effective as possible.

10.1163/22116133-90000117
/content/journals/10.1163/22116133-90000117
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/content/journals/10.1163/22116133-90000117
2016-10-18
2016-12-03

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