Study On The Compliance And Implementation Mechanism Of The Paris Agreement

The Paris Agreement,adopted by the Parties to the 21st United Nations Climate Change Conference in Paris on December 12,2015,is one of the most important international environmental treaties to deal with global climate change in the 21st century and has landmark significance.The effective implementation of the Paris Agreement has a direct impact on whether the international community can achieve the goal of controlling the global average temperature rise above the pre-industrialization level below 2 C and striving to limit the temperature rise to 1.5 C above the pre-industrialization level.The effective implementation of an international treaty depends largely on the construction of the compliance mechanism of the treaty.Article 15 of the Paris Agreement creates the compliance mechanism of the Paris Agreement,which is called Compliance and Implementation Mechanism.As compliance mechanism of the Paris Agreement,the Compliance and Implementation Mechanism shoulders the responsibility of promoting compliance and implementation of the Paris Agreement by States parties.At the same time,the "bottom-up" approach to global climate change governance in the Paris Accord determines that Compliance and Implementation Mechanism must respect the sovereignty of the States parties as much as possible.Therefore,how to coordinate the contradiction between the effective implementation of the Paris Agreement and respect for the sovereignty of the States parties has become a challenge to Compliance and Implementation Mechanism.How should Compliance and Implementation Mechanism be designed to address this challenge?How to define the legal nature of Compliance and Implementation Mechanism?These issues have also become an important issue in promoting Compliance and Implementation Mechanism.In this context,this paper takes the above-mentioned challenges and problems facing Compliance and Implementation Mechanism as the research direction,and demonstrates the solutions to these challenges and problems by applying the theory of international law compliance.The possible solution is that Compliance and Implementation Mechanism can be based on the exchange of interests and the guidance of ideas,supplemented by a certain degree of pressure as the driving force for the implementation of the Paris Agreement,and internalize international norms such as the prevention of global climate change into the national interests and national concepts of the parties themselves in long-term cooperation and exchanges.The specific contents of this paper are as follows.Chapter Ⅰ is " Dispute of Compliance and Implementation Mechanism".This chapter puts forward the main problems to be solved in this paper:how to define the legal attributes of the mechanism to promote compliance and implementation?This issue can be divided into three sub-problems:(1)the difference between compliance and implementation;(2)the Committee’s position in Compliance and Implementation Mechanism;(3)the Force of Compliance and Implementation Mechanism to States Parties.After putting forward the controversy,this chapter demonstrates the actual existence of the above-mentioned controversy separately from the construction process of Compliance and Implementation Mechanism and the draft text of Compliance and Implementation Mechanism.Chapter Ⅱ is "Theory of Compliance with International Law and Global Climate Change".This chapter mainly introduces the research perspective of this paper on related issues.This paper takes the theory of international law compliance as the research perspective.This chapter introduces the jurisprudential basis of the theory of international law compliance,and initially puts forward another kind of theory of international law compliance:"three levels of iceberg theory of international law compliance",and attempts to apply the above theory to the analysis of global climate changeChapter Ⅲ is "the theoretical analysis of Compliance and Implementation Mechanism".Based on the above-mentioned theory of compliance with international law,this chapter analyses the disputes about Compliance and Implementation Mechanism,and puts forward some viewpoints about Compliance and Implementation Mechanism.This chapter then makes a preliminary conclusion:Compliance and Implementation Mechanism should have two different functions.One should be promoting compliance and the other should be promoting performance;and Compliance and Implementation Mechanism should play two different roles of dispute settlement body and political consultation body respectively and when acting as a dispute settlement body,the Committee should exert procedural supervision and internal compulsory pressure on the States party.Chapter IV is "Suggestions on Improving Compliance and Implementation Mechanism".In accordance with the basic principles of the Chapter III on the definition of the legal nature of Compliance and Implementation Mechanism and the solution of the adjustment and problems faced by the Paris Agreement,this chapter puts forward relevant suggestions on the improvement of Compliance and Implementation Mechanism from the macro-framework of the Paris Agreement and the specific rules for Compliance and Implementation Mechanism.To sum up,this paper reviews the background of the Paris Agreement and Compliance and Implementation Mechanism,focusing on the content of Compliance and Implementation Mechanism,making a theoretical analysis of the disputes related to Compliance and Implementation Mechanism by applying the theory of compliance of international law,and drawing the basic principles for dealing with challenges and problems faced by the Paris Agreement.These principles should be internalized in the Paris Agreement through the macro-framework of the Paris Agreement and the specific rules for Compliance and Implementation Mechanism.