The Paris Agreement on Climate Change: A Subtle Combination of Tools and Actors for Better Enforcement?

authors

  • Hautereau-Boutonnet Mathilde
  • Maljean-Dubois Sandrine

keywords

  • IPCC
  • Paris agreement
  • GHG emissions
  • Ambition
  • Hard enforcement
  • Soft enforcement
  • Control &monitoring
  • Compliance
  • Litigation Risk

document type

ART

abstract

The Paris Climate Agreement can be seen as illustrating the evolution of how legal norms are enforced in international law. While the Agreement benefits from a carefully thought-out enforcement mechanism in the international legal order, with techniques that encourage compliance rather than sanction non-compliance, its enforcement is also supported by domestic legal orders. Indeed, the Paris Agreement benefits from both hard and soft enforcement mechanisms. Here, all techniques and all actors have a role to play. This contribution shows that in order to discern the enforcement mechanisms attached to a legal instrument, it is sometimes necessary to take a global and complex look at all legal orders, techniques and actors, since they can act in a complementary manner.

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