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Legal Nature of the Paris Agreement

by Karina Marzano Franco

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Article accepted in Volume I of the 2nd Edition of the "Revista Jurídica Tempus", 2016

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In the final declaration of the United Nations Climate Change Conference (COP 17) the countries agreed to the goal of reaching “a protocol, another legal instrument or an agreed outcome with legal force under the Convention applicable to all Parties” to replace the Kyoto Protocol. The Paris Agreement arises in this context, but it faced intense debate about its legal and obligatory nature, even prior to its conclusion. Among the reasons for the controversy are the innovations in the technique of treaty-making, which result from the intensification of international relations and the evolution of climate change. This article analyses the topic under the aegis of International Law, aiming to determine whether or not the Paris Agreement constitutes an international treaty. The relevance of overcoming the discussion lies in allowing us to move towards a new and fundamental step in the implementation of the commitments assumed in this historical document.

The article is available above for free download (in Portuguese). You can also access the publication on the "Revista Jurídica Tempus" website.

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