Research Handbook on the Law of the Paris Agreement

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Research Handbook on the Law of the Paris Agreement

9781800886735 Edward Elgar Publishing
Edited by Alexander Zahar, Professor of International Law, China-ASEAN Legal Research Center, Southwest University of Political Science and Law, China
Publication Date: May 2024 ISBN: 978 1 80088 673 5 Extent: 444 pp
This comprehensive Research Handbook sets out a systematic analysis of the Paris Agreement taking into account developments since it entered into force in 2016. It explores the treaty’s capacity, as an instrument of international law, to compel state action to address the universal threat of climate change.

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Critical Acclaim
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This comprehensive Research Handbook sets out a systematic analysis of the Paris Agreement taking into account developments since it entered into force in 2016. It explores the treaty’s capacity, as an instrument of international law, to compel state action to address the universal threat of climate change.

Highlighting the strengths and weaknesses of the Paris Agreement in light of state practice, each chapter contains a critical examination of a separate aspect of the treaty in order to aid understanding of its legal force. Eminent scholars with experience on Paris Agreement law explore how the agreement’s efficacy relies heavily upon the goodwill of states, sui generis domestic initiatives, forceful climate law at the domestic level, and other contextual factors such as international peace and cooperation. Acknowledging the weak legal substance of the Paris Agreement, the expert contributors propose new avenues of scholarly inquiry as well as new directions in the fight against climate change.

The Research Handbook on the Law of the Paris Agreement will prove beneficial for scholars, researchers, and students of law, environmental studies, and politics and public policy. Legal practitioners, ministries of foreign affairs, and international NGOs concerned with environmental issues and human rights will also benefit from the book’s practical implications.
Critical Acclaim
‘This is a remarkable work, a unicum as it is the first comprehensive treatise dealing with the legal and policy aspects of the Paris Agreement. In no less than 20 chapters experts in their domain provide detailed analysis of all aspects of the Agreement. It is a must for anyone working in the area of environmental and climate change policy.’
– Michael Faure, Maastricht University and Erasmus University Rotterdam, the Netherlands

‘The Paris Agreement is the core legal document addressing one of the world’s greatest existential crises. However, the torrent of rules, commentaries, and other writings trying to implement or interpret it can leave one quite befuddled. This book, with chapters by many of the world’s leading experts on the subject, is like a torchlight in a cave, illuminating many of the obscurities and helping one find a way through.’
– Michael B. Gerrard, Columbia Law School, US
Contributors
Contributors include: Lisa Benjamin, Christopher Campbell-Duruflé, Cinnamon P. Carlarne, Neil Craik, Philippe Cullet, Gareth Davies, Géraud de Lassus St-Geniès, Meinhard Doelle, Leslie-Anne Duvic-Paoli, Imogen Forster, Rueanna Haynes, Keith H. Hirokawa, Anna Huggins, Mitchell Lennan, Sandrine Maljean-Dubois, Benoit Mayer, Elisa Morgera, Lauren Nishimura, Niklas S. Reetz, David Rossati, Christoph Schwarte, Daria Shapovalova, Olivia Tattarletti, Mara Wendebourg, Alexander Zahar, Hao Zhang
Contents
Contents:

1 Optimism and pessimism about the Paris Agreement 1
Alexander Zahar
2 Operational readiness of the Paris Agreement’s institutional framework 21
Christoph Schwarte and Olivia Tattarletti
3 The legal principles of the Paris Agreement: familiarity in novelty 43
Leslie-Anne Duvic-Paoli and Mara Wendebourg
4 ‘Collective’ state obligation to achieve the objective of the Paris
Agreement: can it bridge the gap between collective ambition and
individual state action? 60
Niklas S. Reetz and Sandrine Maljean-Dubois
5 A legal standard for state mitigation efforts: is national discretion bound
to shrink over time? 82
Christopher Campbell-Duruflé
6 The Paris Agreement’s facilitative approach: a compliance-inducing design? 104
Imogen Forster and Anna Huggins
7 Ambition-raising and ambition-reducing features of the Paris Agreement 126
Rueanna Haynes and Lisa Benjamin
8 The Paris Agreement’s ‘nationally determined contribution’: law and practice 143
Alexander Zahar
9 The Paris Agreement’s contribution to the development of the law on
adaptation 167
Lauren Nishimura
10 The use of elements of the Paris Agreement and IPCC reports in climate
litigation 195
Meinhard Doelle, with Sara Seck and Rose Klug
11 Is the Paris Agreement a human rights treaty? 215
Benoit Mayer
12 The market mechanisms of the Paris Agreement and the Kyoto
Protocol: a legal comparison 240
Géraud de Lassus St-Geniès
13 Constituent norms of the enhanced transparency framework 262
Daria Shapovalova
14 The Paris Agreement’s enhanced transparency framework: state
practices and compliance challenges 279
Hao Zhang
15 Governing international climate finance and investment: the Paris
Agreement and related international and transnational mechanisms 296
David Rossati and Alexander Zahar
16 The European Union’s implementation of the Paris Agreement 323
Gareth Davies
17 Large-scale carbon dioxide removal under the Paris Agreement: toward
a principled approach 343
Neil Craik
18 Ensuring mutual supportiveness of the Paris Agreement with other
multilateral environmental agreements: a focus on ocean-based climate
action 362
Elisa Morgera and Mitchell Lennan
19 Social movements and the Paris Agreement: an imperfect vehicle for
incremental change? 381
Cinnamon P. Carlarne and Keith H. Hirokawa
20 Beyond the Paris Agreement: need for new thinking to tackle the
climate crisis 403
Philippe Cullet
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