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Towards an Effective Mechanism to Facilitate Implementation and Promote Compliance under the Paris Agreement

Oberthür, Sebastian, Eliza Northrop. 2018. Towards an Effective Mechanism to Facilitate Implementation and Promote Compliance under the Paris Agreement. Climate Law, 8:39-69.

Abstract

The article explores key aspects of the modalities and procedures of the Committee to facilitate implementation and promote compliance under Article 15 of the Paris Agreement. It focuses on five main issues under discussion in the international negotiations: overarching guidance to the Committee; the Committee’s functions; the scope of its mandate; the way in which matters may be referred to the Committee and proceedings initiated; and the outputs and measures available to the Committee. While recognizing the particular context and unique features of the Paris Agreement, our analysis draws on the experience available from several existing committees under other multilateral environmental agreements. In identifying design options for ensuring the Committee’s effective operation, we emphasize the importance of a balance of three main elements: the inclusion of an administrative non-party referral option based on information generated through the transparency framework under Article 13 of the Agreement or collected by the Secretariat; a full-range portfolio of facilitative measures; and several elements of overarching operational guidance to provide boundaries to the Committee’s discretion.

The article is available here.

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