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Part I Introductory Chapters, 5 Legal Form of the Paris Agreement and Nature of Its Obligations

Ralph Bodle, Sebastian Oberthür

From: The Paris Agreement on Climate Change: Analysis and Commentary

Edited By: Daniel Klein, María Pía Carazo, Meinhard Doelle, Jane Bulmer, Andrew Higham

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 April 2024

Climate change — Environmental disputes — Treaties, binding force — Treaties, interpretation — General principles of international law

This chapter addresses the legal aspects of the Paris Outcome and its particular obligations. It emphasises the importance of distinguishing between the legal form and structure of the Paris Agreement as a whole and the specific content of its individual provisions and elements. The Paris Agreement is after all an international treaty at the core of a regime that includes other elements with different legal status. Hence this chapter first analyses the legal structure of the overall Paris Outcome in terms of the legal status of the different texts, how they are linked, and how they together form the new climate regime. The chapter then looks at the structure of the Paris Agreement's content, i.e. how its individual provisions work together. Finally, it provides a bird's eye view of the legal nature of individual sections and provisions, and concludes with some further insights.

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