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Part II Analysis of the Provisions of the Agreement, 6 Contextual Provisions (Preamble and Article 1)

María Pía Carazo

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, 2022. All Rights Reserved.date: 26 November 2022

Gender — Human rights remedies — Climate change — Environmental disputes — Treaties, interpretation

This chapter takes up the preamble and Article 1 of the Paris Agreement. It traces their negotiation histories and provides more thorough analyses of the clauses contained therein. Aside from the usual preambular clauses found in international treaties, the Paris Agreement is unique for the fact that it goes beyond the realms of international climate and environmental law in various ways. In particular, it is the first multilateral environmental agreement to incorporate references to human rights, the rights of particular groups, gender equality, and intergenerational equity, as the chapter demonstrates. Article 1, the more succinct of the pair discussed in this chapter, meanwhile follows the Kyoto Protocol in its basic approach. It consists of an opening clause which incorporates the definitions contained in Article 1 UNFCCC into the Paris Agreement and defines three additional terms, namely: Convention, Conference of the Parties, and Party.

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