Toward More Effective Implementation of the Paris Agreement: Learning from 30 years of experience (original) (raw)
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University of New South Wales Law Journal , 2016
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At the upcoming 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21), which will take place in Paris from 30 November to 11 December 2015, Parties are set to conclude a new international agreement. This agreement will take the form of “a protocol, another legal instrument or an agreed outcome with legal force”2, and will be applicable to all UNFCCC Parties. It is currently being negotiated through a process known as the Durban Platform for Enhanced Action (ADP). The agreement will establish new mitigation commitments for Parties, as well as commitments on finance, adaptation, loss and damage (which may be included under adaptation or as a separate issue), technology development and transfer, and capacity building. It will take a partially “bottom up” approach, enabling Parties to determine their own mitigation commitments, potentially subject to review processes and other mechanisms to increase ambition. Law and governance systems can foster or frustrate efforts to implement the proposed 2015 climate agreement. In this background paper, the new climate agreement negotiating text is outlined, key principles are discussed, and legal issues raised by the text are identified and analyzed. It is recognized that law and governance will be essential to consider if Parties are to succeed in meeting their commitments. Indeed, a number of countries may decide to reform their laws and institutions in order to implement the new agreement, leading to a pressing need for legal knowledge, expertise and capacity building.