How the Paris Agreement combines tools and actors for better enforcement
What is it about?
The Paris Agreement is a framework for cooperation to effect positive climate action. It has 194 member parties and targets various climate issues. Many consider the agreement a diplomatic success. It has had its fair share of criticism as well. Its provisions show weaknesses. The authors of this article note that the agreement does not punish non-compliance. But it does encourage compliance. It is also supported by domestic laws. The authors analyze how legal norms are enforced in international law in the context of the agreement. They observe that the agreement involves both hard and soft enforcement mechanisms. They further explore the roles of enforcement tools and actors involved in the agreement.
Why is it important?
The study takes a closer look at the Paris Agreement. It analyzes the ways of enforcing legal order. In the process, it reveals two important facts. One, there is a range of approaches for enforcement. This includes litigation, transparency, and voluntary instruments. Second, it is based on various tools from various legal orders. Those include both domestic and international laws. This produces various gradual effects ranging from a lack of judicial control to incentivization of compliance. The analysis further shows that enforcement techniques can complement each other when taken together as part of a global and complex vision of the law. KEY TAKEAWAY: To determine the enforcement mechanisms connected with a legal instrument, one must take a comprehensive and extensive look at all legal orders, procedures, and players since they work in a complementary manner.