LEGAL CHARACTER OF THE PARIS AGREEMENT AS BASIS OF FORMATION OF NATIONAL POLICY FOR COMBATING CLIMATE CHANGE (CLIMATE POLICY)

Abstract

The article obtained the legal analysis of the Paris Agreement to the United Nations Framework Convention on Climate as fundamental basis of formation climate police. It is established provisions for the respective obligations on human rights related to climate change in the court, including the rights of indigenous peoples, migrants, women’s empowerment and others, which contains in the preamble the Paris Agreement. The article emphasizing the main goal of the Paris Agreement (holding the increase in the global average temperature to well below 2 °C above pre-industrial levels) achievement by reaching global peaking of greenhouse gas emissions as soon as possible, recognizing that peaking will take longer for developing country Parties, and to undertake rapid reductions thereafter in accordance with the best available science, to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century (climate neutrality). According to the Paris Agreement, the basis for achieving climate neutrality is multifunctional and sustainable forest management. The article discusses the issues of nationally determined contribution (NDS) as a fundamental legal mechanism which established that the Paris Agreement that intends to achieve country Parties by reducing greenhouse gas emissions and adapt the impact of climate change in national level. More broadly, article defined the NDS procedural obligation of country Parties, requires prepare, communicate and maintain successive NDCs that it intends to achieve (every five years), which will represent a progression beyond the Party’s current NDC; provide the information necessary for clarity, transparency and understanding, when communicating their NDCs; account for its NDC to promote environmental integrity; regularly provide a national greenhouse gas inventory and the information necessary to track progress in implementing and achieving its NDC. States would bring to the table the national policy of combating climate change (climate policy) certain legal measures aimed at achieving the goals contained in their NDS. The article established that the Paris Agreement has enacted a new model of ’hybrid multilateralism’ whereby emphasizing the fundamental action for combating climate change by non-state actors such as cities, business, non-governmental organization and civil society.