Abstract
The chapter considers the question of the identification of the legal principles found in the Paris Agreement. Unlike the UNFCCC, the Paris Agreement does not contain a specific article that lists applicable principles. Moreover, there is no authoritative definition regarding what constitutes a ‘principle’ to turn to for guidance. The chapter posits that the legal principles of the Paris Agreement are both familiar and, at times, novel. They are best understood in relation to two categories of variables: external, that is, by reference to the principles of the UNFCCC and international environmental law; and internal, namely by reference to the Agreement itself. In doing so, the chapter views the Paris Agreement as a continuation of international environmental law practices while taking into account its unique character.
| Original language | English |
|---|---|
| Title of host publication | Research Handbook on the Law of the Paris Agreement |
| Editors | Alexander Zahar |
| Publisher | Edward Elgar Publishing |
| Chapter | 3 |
| Pages | 43-59 |
| Number of pages | 17 |
| ISBN (Electronic) | 9781800886742 |
| ISBN (Print) | 9781800886735 |
| DOIs | |
| Publication status | Published - 2024 |
| Externally published | Yes |
Keywords
- climate obligations
- climate policy
- environmental principles
- legal bindingness
- normativity
- soft law