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The legal principles of the Paris Agreement: familiarity in novelty

In: Research Handbook on the Law of the Paris Agreement

Author

Listed:
  • Leslie-Anne Duvic-Paoli
  • Mara Wendebourg

Abstract

The chapter considers the question of the identification of the legal principles found in the Paris Agreement. Unlike the UNFCCC, the Paris Agreement does not contain a specific article that lists applicable principles. Moreover, there is no authoritative definition regarding what constitutes a ‘principle’ to turn to for guidance. The chapter posits that the legal principles of the Paris Agreement are both familiar and, at times, novel. They are best understood in relation to two categories of variables: external, that is, by reference to the principles of the UNFCCC and international environmental law; and internal, namely by reference to the Agreement itself. In doing so, the chapter views the Paris Agreement as a continuation of international environmental law practices while taking into account its unique character.

Suggested Citation

  • Leslie-Anne Duvic-Paoli & Mara Wendebourg, 2024. "The legal principles of the Paris Agreement: familiarity in novelty," Chapters, in: Alexander Zahar (ed.), Research Handbook on the Law of the Paris Agreement, chapter 3, pages 43-59, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20733_3
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    File URL: https://www.elgaronline.com/doi/10.4337/9781800886742.00008
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