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Human Rights and the Paris Agreement’s Implementation Guidelines: Opportunities to Develop a Rights-based Approach journal article free

Sébastien Duyck, Erika Lennon, Wolfgang Obergassel, Annalisa Savaresi, Sébastien Duyck, Erika Lennon, Wolfgang Obergassel, Annalisa Savaresi

Carbon & Climate Law Review, Volume 12 (2018), Issue 3, Page 191 - 202

The inclusion of references to human rights in the Paris Agreement was celebrated as a milestone towards greater integration of human rights in environmental and climate governance. Beyond their symbolic value, the significance of these provisions however depends on the extent to which they inform the implementation of the Paris Agreement both at the national and international levels. This article takes stock of the integration of human rights in climate governance and identifies concrete opportunities to ensure that human rights considerations are included in the Paris implementation guidelines to be adopted at the Conference of the Parties in Katowice in December 2018, promoting climate action that aligns with Parties’ human rights obligations. We first consider the relevance of human rights to climate action and the incremental recognition of these linkages in the international climate regime – both in the lead up to the adoption of the Paris Agreement and since. We then consider in specific terms how human rights could inform five key dimensions of the Paris Agreement’s implementation guidelines: guidance for nationally determined contributions, adaptation communications, transparency framework, global stocktake, and the Article 6 mechanisms. The article reflects on past experience of how climate policy impacts human rights and on proposals put forward in the context of the negotiations of the implementation guidelines, and concludes with recommendations on a rights-based approach to implementing the Paris Agreement.


MRV in the 2015 Climate Agreement journal article

Sébastien Duyck

Carbon & Climate Law Review, Volume 8 (2014), Issue 3, Page 175 - 187

Promoting Compliance Through Transparency and the Participation of NGOs

The adoption of the Cancun Agreements constitutes a remarkable shift in the promotion of state compliance within the climate change regime. Whereas the Kyoto Protocol involved robust enforcement mechanisms, the new Measurement Reporting and Verification (MRV) framework relies on transparency of mitigation actions. This justificatory approach has demonstrated its effectiveness in promoting implementation of environmental agreements whenmodalities have been developed to increase the reputational costs associated with noncompliance. The MRV process developed under the Cancun Agreements however fails to acknowledge the crucial role that civil society can play in the context of this transparency mechanism.Having reviewed the nature of compliance theories and experiences of civil society contributions to compliance processes in other multilateral processes, this article argues that a justificatory approach could effectively underpin the promotion of compliance with the 2015 climate agreement provided that procedures strengthen opportunities for a more active engagement of non-state actors in the MRV process.

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