The Paris Agreement on Climate Change
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The Paris Agreement on Climate Change

A Commentary

9781788979184 Edward Elgar Publishing
Edited by Geert Van Calster, Full Professor, KU Leuven, Belgium, Visiting Professor, Monash University, Melbourne, Australia and a practising member of the Belgian Bar and Leonie Reins, Erasmus Law School, Erasmus University Rotterdam, the Netherlands
Publication Date: 2021 ISBN: 978 1 78897 918 4 Extent: 480 pp
Providing in-depth coverage of each article of the Paris Agreement, this Commentary offers a comprehensive, legal analysis of this most recent and important international instrument on climate change. This provision-by-provision textual analysis examines the commitments that parties to the Agreement have made to undertake ambitious efforts to combat climate change and adapt to its effects, whilst providing additional support to developing countries.

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Critical Acclaim
Contributors
Contents
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Providing in-depth coverage of each article of the Paris Agreement, this Commentary offers a comprehensive, legal analysis of this most recent and important international instrument on climate change. This provision-by-provision textual analysis examines the commitments that parties to the Agreement have made to undertake ambitious efforts to combat climate change and adapt to its effects, whilst providing additional support to developing countries.

Describing the history, implementation and operation of the Paris Agreement, this Commentary is indispensable for obtaining a deep and nuanced understanding of the way in which the global community seeks to intensify its efforts to address climate change. Written by internationally renowned contributors, it discusses recent examples of implementation of the Agreement and nationally determined contributions (NDCs).

Clearly written and accessible, this Commentary will be a vital resource for policy makers and government officials involved in climate change across the globe, whilst also being valuable for practitioners, scholars and students of climate change law and policy.
Critical Acclaim
‘This Commentary brings together 22 eminent climate, energy and environmental law scholars to provide a much-needed, comprehensive analysis of the ground-breaking Paris Agreement. This will be a valuable go-to resource for policy makers, scholars and students alike.’
– Jolene Lin, National University of Singapore

‘For anyone wanting to understand the intricacies of the all-important Paris Climate Agreement, this book will be indispensable. For each of the Agreement’s 29 articles it provides a clear explanation of the origins, meaning and related authorities, with ample references. I wish I had it the last time I was puzzling through a section. The editors and chapter authors, all of them real experts, have provided a major service to everyone involved with or studying global climate governance.’
– Michael B. Gerrard, Columbia Law School, US

‘This Commentary is an essential reading for all who want to understand the “what, why and how” of the Paris Agreement’s rules and architecture. It offers history, interpretation and implementation guidance in a comprehensive manner. Geert Van Calster and Leonie Reins did an excellent job in making the complexity of the Agreement accessible to a larger audience.’
– Professor Christina Voigt, University of Oslo, Norway

Contributors
Contributors: F. Bakhtiari, J. Bäumler, L. Benjamin, B. Boer, E. Calliari, R. Cantley-Smith, N.S. Ghaleigh, R. Haynes, M.F. Hossain, S. Huq, K. Kulovesi, B. Mayer, M. Mehling, G. Mete, L. Nordlander, J. Odermatt, M. Peeters, L. Perugini, D. Puig, F. Rahman, L. Reins, M. Rimmer, B. Rudyk, A. Savaresi, T. Schomerus, H. van Asselt, G. Van Calster, L. Vanhala, C. Verkuijl, M. Wemaëre, C.R. Wenger

Contents
Contents:

Table of cases xxi
Table of legislation
Introduction –The Paris Agreement on Climate Change 1
Leonie Reins and Geert Van Calster
The Preamble 5
Ben Boer
Article 1 Scope of obligations: terms and definitions 33
Rowena Cantley-Smith
Article 2 Aims, objectives and principles 73
Navraj Singh Ghaleigh
Article 3 Aims, objectives and principles 94
Navraj Singh Ghaleigh and Cleo Verkuijl
Article 4 Mitigation 109
Benoît Mayer
Article 5 Sinks, reservoirs of GHGs and forests 133
Annalisa Savaresi and Lucia Perugini
Article 6 Voluntary cooperation/NDCs 148
Matthieu Wemaëre
Article 7 Adaptation 172
Cathrine Ramstad Wenger
Article 8 Loss and damage 200
Elisa Calliari, Lisa Vanhala, Linnéa Nordlander, Daniel Puig, Fatemeh Bakhtiari,
Md Fahad Hossain, Saleemul Huq, and M. Feisal Rahman
Article 9 Finance 218
Michael Mehling
Article 10 Technology development and transfer 237
Matthew Rimmer
Article 11 Capacity-building 260
Gokce Mete
Article 12 Education and training 284
Jelena Bäumler and Thomas Schomerus
Article 13 Enhanced transparency framework for action and support 302
Harro van Asselt and Kati Kulovesi
Article 14 The global stocktake 326
Marjan Peeters
Article 15 Compliance mechanism 347
Lisa Benjamin, Rueanna Haynes and Bryce Rudyk
Article 16 Institutional provisions 364
Jed Odermatt
Article 17 Institutional provisions 369
Jed Odermatt
Article 18 Institutional provisions 371
Jed Odermatt
Article 19 Institutional provisions 373
Jed Odermatt
Article 20 Concluding the Paris Agreement: signature and consent to be bound 375
Rowena Cantley-Smith
Article 21 Entry into force and ratification 386
Rowena Cantley-Smith
Article 22 Amending the Paris Agreement 390
Rowena Cantley-Smith
Article 23 Annexes to the Paris Agreement 395
Rowena Cantley-Smith
Article 24 Settlement of disputes under the Paris Agreement 400
Rowena Cantley-Smith
Article 25 Voting rights 411
Rowena Cantley-Smith
Article 26 Depositary of the Paris Agreement 414
Rowena Cantley-Smith
Article 27 Reservations to the Paris Agreement 416
Rowena Cantley-Smith
Article 28 Withdrawal from the Paris Agreement 422
Rowena Cantley-Smith
Article 29 Authentication and adoption of the Paris Agreement’s text 428
Rowena Cantley-Smith
Index 435
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