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IMMUNITY OF STATES AND THEIR ORGANS: THE CONTRIBUTION OF ITALIAN JURISPRUDENCE OVER THE PAST TEN YEARS

IMMUNITY OF STATES AND THEIR ORGANS: THE CONTRIBUTION OF ITALIAN JURISPRUDENCE OVER THE PAST TEN... The Paris Agreement on Climate Change has been acclaimed as a “historic turning point”, but it has also been dismissed as “an epic failure”. This note presents some critical considerations on this Agreement, focusing on two questions: first, to what extent will the Paris Agreement be legally binding for its Parties; and second, which of two essential concerns has a higher weight when balancing “legal force” and “geographical scope”? The author concludes that, while the Paris Agreement in itself will be legally binding on its States Parties, its individual provisions provide little scope for their judicial enforcement. In order to restore the balance, which has tipped towards the geographical scope, considerable weight must now be put on the scales in the next phase of the process, so as to render the modalities of the Agreement’s transparency and facilitation mechanisms as effective as possible. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

IMMUNITY OF STATES AND THEIR ORGANS: THE CONTRIBUTION OF ITALIAN JURISPRUDENCE OVER THE PAST TEN YEARS

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6133
DOI
10.1163/22116133-90000117
Publisher site
See Article on Publisher Site

Abstract

The Paris Agreement on Climate Change has been acclaimed as a “historic turning point”, but it has also been dismissed as “an epic failure”. This note presents some critical considerations on this Agreement, focusing on two questions: first, to what extent will the Paris Agreement be legally binding for its Parties; and second, which of two essential concerns has a higher weight when balancing “legal force” and “geographical scope”? The author concludes that, while the Paris Agreement in itself will be legally binding on its States Parties, its individual provisions provide little scope for their judicial enforcement. In order to restore the balance, which has tipped towards the geographical scope, considerable weight must now be put on the scales in the next phase of the process, so as to render the modalities of the Agreement’s transparency and facilitation mechanisms as effective as possible.

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 2009

Keywords: climate change; climate negotiations; Paris Agreement; Nationally Determined Contributions (NDCs); legally binding nature; geographical scope; transparency and facilitation mechanisms

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