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Contents
- Preliminary Material
- Foreword
- Preface
- Acknowledgements
- Table of Contents
- List of Contributors
- Table of Treaties and International Instruments
- Treaties
- Declarations
- Decisions by the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC)
- Decisions by the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol (CMP)
- Decisions by the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement (CMA)
- Negotiation documents of the Paris Agreement
- List of Abbreviations
- Main Text
- Part I Introductory Chapters
- 1 Introduction: Scientific and Political Drivers for the Paris Agreement
- 2 Foundations for the Paris Agreement
- A The Legal and Policy Framework of the United Nations Climate Change Regime
- B Pre-2020 Climate Action and the Emergent Role of Non-party Stakeholders
- 3 Negotiating History of the Paris Agreement
- 4 Central Concepts in the Paris Agreement and How They Evolved
- 5 Legal Form of the Paris Agreement and Nature of Its Obligations
- Part II Analysis of the Provisions of the Agreement
- 6 Contextual Provisions (Preamble and Article 1)
- A Preamble
- 1 General overview
- 2 Negotiation history
- 3 Substantive analysis
- 3.1 Positioning the Paris Agreement within the climate change regime (paragraphs 1–2)
- 3.2 Object and purpose of the Agreement (paragraphs 3–4)
- 3.3 Guiding principles, common but differentiated responsibilities and respective capabilities (paragraph 3), specific needs, and special circumstances (paragraphs 5 and 6)
- 3.4 Impacts of climate change effects and measures, interlinkages with sustainable development, eradication of poverty, food security, just transition of the workforce, and sustainable lifestyles (paragraphs 7–10 and 16)
- (a) Impacts of response measures (paragraph 7)
- (b) Equitable access to sustainable development and the eradication of poverty (paragraph 8)
- (c) Safeguarding food security, ending hunger and particular vulnerabilities of food production systems to climate change (paragraph 9)
- (d) Just transition of the workforce, creation of decent work and quality jobs; sustainability of lifestyles, consumption, and production patterns (paragraphs 10 and 16)
- 3.5 Climate change and human rights (paragraph 11)
- 3.6 Conservation, ecosystem integrity, and the protection of biodiversity (paragraphs 12–13)
- 3.7 Procedural duties, training, and education (paragraph 14)
- 3.8 Cooperation and engagement of all levels of government and of various actors in addressing climate change (paragraph 15)
- 4 Evaluation and outlook: implementation and interpretation of the Paris Agreement in light of the preamble
- B Definitions (Article 1)
- A Preamble
- 7 Objective (Article 2.1)
- 8 Guiding Principles and General Obligation (Article 2.2 and Article 3)
- 9 Mitigation (Article 4)
- A Introduction: Overview of Mitigation in the Paris Agreement
- B Context and Negotiating History
- C Long-term Goal for Mitigation (Article 4.1)
- D Individual and Differentiated Obligations, with Progression, Support, Flexibility, and Co-benefits (Article 4.2–4.7)
- E Information, Time Frames, Housing, Accounting, and Long-term Strategies (Article 4.8 to 4.14, and 4.19)
- F Response Measures and Regional Economic Integration Organizations (Article 4.15–4.18)
- G Implementation
- H Evaluation and Outlook
- 10 Conserving and Enhancing Sinks and Reservoirs of Greenhouse Gases, including Forests (Article 5)
- 11 Voluntary Cooperation (Article 6)
- 12 Adaptation (Article 7)
- 13 Loss and Damage (Article 8)
- A General Overview
- B Context and Negotiating History
- C Substantive Analysis
- 1 The importance of addressing loss and damage (Article 8.1)
- 2 The Warsaw International Mechanism (Article 8.2 and Decision 1/CP.21, paragraph 47)
- 3 Enhancing understanding, action, and support (Article 8.3)
- 4 Areas of cooperation and facilitation (Article 8.4 and Decision 1/CP.21 paragraphs 48–50)
- 5 Collaboration of the Warsaw International Mechanism with other organizations and bodies (Article 8.5)
- 6 On liability and compensation (Decision 1/CP.21 paragraph 51)
- 7 Summary of substantive analysis
- D Implementation
- E Evaluation and Outlook
- 14 Climate Finance (Article 9)
- A General Overview
- B Context and Negotiating History
- C Substantive Analysis
- D Implementation
- E Evaluation and Outlook
- 15 Technology Development and Transfer (Article 10)
- A General Overview
- B Context and Negotiating History
- C The Outcomes of the Paris Agreement for Technology
- D Implementation
- 1 National actions
- 2 International cooperative activities/programmes
- 2.1 Cooperative RD&D activities
- 2.2 Development of, and agreement on, global stocktaking metrics
- 2.3 Analysis and collation of key activities and actors in technology development, transfer, and deployment
- 2.4 Analysis and collation of effective practices on technology development, transfer, and deployment
- E Evaluation and Outlook
- 16 Capacity-building (Article 11)
- A General Overview
- B Context and Negotiating History
- 1 Capacity-building under the United Nations Framework Convention on Climate Change and its Kyoto Protocol
- 2 Capacity-building in the Ad Hoc Working Group on Long-term Cooperative Action under the Convention
- 3 Capacity-building in the Ad Hoc Working Group on the Durban Platform for Enhanced Action: Key negotiation issues up to and in Paris
- C Substantive Analysis
- D Implementation
- E Evaluation and Outlook
- 17 Education, Training, Public Awareness, Participation, and Access to Information (Article 12)
- 18 Transparency (Article 13)
- A General Overview
- B Context and Negotiating History
- C Substantive Analysis of the Transparency Provisions
- 1 General considerations, enhancement, and flexibility (Article 13.1–13.4)
- 2 Purpose of the transparency framework (Article 13.5 and 13.6)
- 3 Reporting requirements (Article 13.7–13.10)
- 4 Verification (Article 13.11 and 13.12)
- 5 Capacity-building for MRV (Article 13.14 and 13.15)
- 6 Future development and elaboration of the provision(s) (Article 13.13)
- 7 Relationship between transparency and accounting
- D Implementation
- E Evaluation and Outlook
- 19 Global Stocktake (Article 14)
- A General Overview
- B Context and Negotiating History
- C Substantive Analysis
- 1 Backward and forward-looking perspectives
- 2 Assessment of collective progress (Article 14.1, first sentence)
- 3 Specific functions of the global stocktake for adaptation in Article 7.14
- 4 General parameters for the global stocktake (Article 14.1, second sentence)
- 5 Timing (Article 14.2)
- 6 The outcome of the global stocktake (Article 14.3)
- D The global stocktake as a facilitator of implementation of the Paris Agreement
- E Evaluation and Outlook
- 20 Facilitating Implementation and Promoting Compliance (Article 15)
- A General Overview
- B Context and Negotiating History
- C Substantive Analysis
- D Implementation
- E Evaluation and Outlook
- 21 Institutional Arrangements and Final Clauses (Articles 16–29)
- A General Overview
- B Context and Negotiating History
- C Substantive Analysis
- 1 Institutional arrangements (Articles 16–19)
- 2 Signature, consent to be bound and entry into force (Articles 20 and 21)
- 3 Provisional Application (Decision 1/CP.21, paragraph 5)
- 4 Further requirements for becoming a party to the Paris Agreement
- 5 Other final clauses (Articles 22–29)
- 6 Other issues: immunity
- D Implementation
- E Evaluation and Outlook
- 6 Contextual Provisions (Preamble and Article 1)
- Part III Concluding Reflections
- 22 Assessment of Strengths and Weaknesses
- A Introduction
- B Assessment of Key Elements
- 1 Preamble
- 2 Overall objective (Article 2)
- 3 Mitigation and cooperative approaches (Articles 4–6)
- 4 Adaptation (Article 7)
- 5 Loss and damage (Article 8)
- 6 Finance (Article 9)
- 7 Technology (Article 10)
- 8 Capacity-building (Article 11)
- 9 Transparency, Global Stocktake, and Compliance (Articles 13, 14, and 15)
- C Was the Paris Outcome a Breakthrough?
- D Conclusion
- 23 Implications for Public International Law: Initial Considerations
- A Introduction
- B Overarching Implications and Influence of the Paris Agreement on Public International Law and Policy
- C Potential Conflicts in the Inter-relation Between International Legal Regimes
- D Promoting Synergies Between Treaty Regimes
- E Conclusions and Outlook
- 24 Epilogue: Making the Transition from an International Agreement to a New Epoch of Human Prosperity in One Generation
- 22 Assessment of Strengths and Weaknesses
- Part I Introductory Chapters
- Further Material