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The Legal Form of the Paris Climate Agreement: a Comprehensive Assessment of Options

Sandrine Maljean-Dubois, Thomas Spencer, Matthieu Wemaere


For many years, the issue of the legal form of the new climate agreement has hovered over the international negotiations. Countries have insisted on first discussing substance. Indeed, it is here that the main divergences remain. However, one year out from the Paris climate conference, it is time to open the discussion on the legal form of the final agreement. The issue of legal form is often reduced to the negotiation of a ‘binding’ or ‘non-binding’ agreement. The bindingness of an international environmental agreement however depends on multiple parameters. We propose four parameters to be considered: the form of the core agreement; the ‘anchoring’ of commitments; mechanisms for transparency, accountability and facilitation; and mechanisms for compliance. Parties should assess pros and cons of these options, and the agreement should be optimised across all four, combining flexibility and credibility.

Sandrine Maljean-Dubois is the Director of the Centre for international and European studies and research, Aix-en-Provence (CERIC-DICE UMR7318 CNRS/Aix-Marseille University); Thomas Spencer is Program Director for Energy and Climate Change at the Institute for Sustainable Development and International Relations (IDDRI); Matthieu Wemaëre is a Senior Lawyer admitted at the Paris and Brussels Bar Associations, and a Research Associate at the Centre for international and European studies and research, Aix-en-Provence (CERIC-DICE UMR7318 CNRS/Aix-Marseille University).

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