Key Legal Issues in the 2015 Climate Negotiations

Center for Climate and Energy Solutions Policy Brief, June 2015

6 Pages Posted: 28 Aug 2015

See all articles by Daniel Bodansky

Daniel Bodansky

Arizona State University Sandra Day O'Connor College of Law

Lavanya Rajamani

Centre for Policy Research

Date Written: June 1, 2015

Abstract

In fashioning the Paris climate change agreement, parties to the U.N. Framework Convention on Climate Change (UNFCCC) must address a range of legal issues. This paper outlines some of the key issues and concludes that: the Paris outcome must include a core legal agreement constituting a treaty under international law; the exact title of the core agreement is legally irrelevant; the agreement can contain both binding and non-binding elements; the legal nature of parties’ nationally determined contributions (NDCs) is independent of where they are housed; and consistency with the UNFCCC does not require that the agreement adopt the same structure.

Keywords: UNFCCC, climate change, Paris conference

JEL Classification: K32, K33

Suggested Citation

Bodansky, Daniel and Rajamani, Lavanya, Key Legal Issues in the 2015 Climate Negotiations (June 1, 2015). Center for Climate and Energy Solutions Policy Brief, June 2015. Available at SSRN: https://ssrn.com/abstract=2652001

Daniel Bodansky (Contact Author)

Arizona State University Sandra Day O'Connor College of Law ( email )

111 E Taylor St
Phoenix, AZ 85004
United States

Lavanya Rajamani

Centre for Policy Research ( email )

Dharma Marg
Chanakyapuri
New Delhi, 110022
India

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