Research Handbook on the Law of the Paris Agreement by Alexander Zahar Hardcover

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This comprehensive Research Handbook sets out a systematic analysis of the Paris Agreement taking into account developments since it entered into force in 2016. It explores the treaty's capacity, as an instrument of international law, to compel state action to address the universal threat of climate change.

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This comprehensive Research Handbook sets out a systematic analysis of the Paris Agreement taking into account developments since it entered into force in 2016. It explores the treaty's capacity, as an instrument of international law, to compel state action to address the universal threat of climate change.Highlighting the strengths and weaknesses of the Paris Agreement in light of state practice, each chapter contains a critical examination of a separate aspect of the treaty in order to aid understanding of its legal force. Eminent scholars with experience in Paris Agreement law explore how the Agreement's efficacy relies heavily upon the goodwill of states, sui generis domestic initiatives, forceful climate law at the domestic level, and other contextual factors such as international peace and cooperation. Acknowledging the weak legal substance of the Paris Agreement, the expert contributors propose new avenues of scholarly inquiry as well as new directions in the fight against climate change.The Research Handbook on the Law of the Paris Agreement will prove beneficial for scholars, researchers, and students of law, environmental studies, and politics and public policy. Legal practitioners, ministries of foreign affairs, and international NGOs concerned with environmental issues and human rights will also benefit from the book's practical implications.

Author Biography

Edited by Alexander Zahar, Professor of International Law, China-ASEAN Legal Research Center, Southwest University of Political Science and Law, China

Table of Contents

Contents:1 Optimism and pessimism about the Paris Agreement 1Alexander Zahar2 Operational readiness of the Paris Agreement's institutional framework 21Christoph Schwarte and Olivia Tattarletti3 The legal principles of the Paris Agreement: familiarity in novelty 43Leslie-Anne Duvic-Paoli and Mara Wendebourg4 'Collective' state obligation to achieve the objective of the ParisAgreement: can it bridge the gap between collective ambition andindividual state action? 60Niklas S. Reetz and Sandrine Maljean-Dubois5 A legal standard for state mitigation efforts: is national discretion boundto shrink over time? 82Christopher Campbell-Duruflé6 The Paris Agreement's facilitative approach: a compliance-inducing design? 104Imogen Forster and Anna Huggins7 Ambition-raising and ambition-reducing features of the Paris Agreement 126Rueanna Haynes and Lisa Benjamin8 The Paris Agreement's 'nationally determined contribution': law and practice 143Alexander Zahar9 The Paris Agreement's contribution to the development of the law onadaptation 167Lauren Nishimura10 The use of elements of the Paris Agreement and IPCC reports in climatelitigation 195Meinhard Doelle, with Sara Seck and Rose Klug11 Is the Paris Agreement a human rights treaty? 215Benoit Mayer12 The market mechanisms of the Paris Agreement and the KyotoProtocol: a legal comparison 240Géraud de Lassus St-Geniès13 Constituent norms of the enhanced transparency framework 262Daria Shapovalova14 The Paris Agreement's enhanced transparency framework: statepractices and compliance challenges 279Hao Zhang15 Governing international climate finance and investment: the ParisAgreement and related international and transnational mechanisms 296David Rossati and Alexander Zahar16 The European Union's implementation of the Paris Agreement 323Gareth Davies17 Large-scale carbon dioxide removal under the Paris Agreement: towarda principled approach 343Neil Craik18 Ensuring mutual supportiveness of the Paris Agreement with othermultilateral environmental agreements: a focus on ocean-based climateaction 362Elisa Morgera and Mitchell Lennan19 Social movements and the Paris Agreement: an imperfect vehicle forincremental change? 381Cinnamon P. Carlarne and Keith H. Hirokawa20 Beyond the Paris Agreement: need for new thinking to tackle theclimate crisis 403Philippe Cullet

Review

'This is a remarkable work, a unicum, as it is the first comprehensive treatise dealing with the legal and policy aspects of the Paris Agreement. In no less than 20 chapters experts in their domain provide detailed analysis of all aspects of the Agreement. It is a must for anyone working in the area of environmental and climate change policy.' -- Michael Faure, Maastricht University and Erasmus University Rotterdam, the Netherlands'The Paris Agreement is the core legal document addressing one of the world's greatest existential crises. However, the torrent of rules, commentaries, and other writings trying to implement or interpret it can leave one quite befuddled. This book, with chapters by many of the world's leading experts on the subject, is like a torchlight in a cave, illuminating many of the obscurities and helping one find a way through.' -- Michael B. Gerrard, Columbia Law School, US

Details ISBN180088673X Author Alexander Zahar Publisher Edward Elgar Publishing Ltd Series Research Handbooks in Climate Law series Year 2024 ISBN-13 9781800886735 Format Hardcover Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom Edited by Alexander Zahar Audience Professional & Vocational DEWEY 344.046 Pages 444 Publication Date 2024-05-17 UK Release Date 2024-05-17 We've got this

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