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Part II Analysis of the Provisions of the Agreement, 8 Guiding Principles and General Obligation (Article 2.2 and Article 3)

Lavanya Rajamani

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: 02 December 2022

Climate change — Treaties, application — Treaties, interpretation — General principles of international law

This chapter addresses the guiding principles of the Paris Agreement, in particular the principle identified in Article 2.2; namely, equity and common but differentiated responsibilities and respective capabilities, in the light of different national circumstances (CBDRRC-NC). It also discusses the complementary general obligation crafted in Article 3 of the Paris Agreement that applies across mitigation, adaptation, transparency, and support. The chapter also looks at how equity and the principle of common but differentiated responsibilities and respective capabilities (CBDRRC), long a contested issue within the climate regime, is eventually articulated and operationalized in the Paris Agreement. This resolution — in particular in relation to how the principle would be treated and where it would be placed — was also expected to speed up negotiations on other issues. And it did, in the end.

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