The Resilience of the Paris Agreement: Negotiating and Implementing the Climate Regime

Georgetown Environmental Law Review, Vol. 31.1, pp. 1-64, 2018

Queen Mary School of Law Legal Studies Research Paper No. 284/2018;

64 Pages Posted: 28 Aug 2018 Last revised: 26 Jan 2019

See all articles by Rafael Leal-Arcas

Rafael Leal-Arcas

Queen Mary University of London - School of Law

Antonio Morelli

American University - Washington College of Law

Date Written: August 22, 2018

Abstract

The Paris Climate Agreement is undoubtedly one of the greatest diplomatic achievements of the Obama-Kerry administration. Yet under the Trump presidency, it is under threat of being dismantled, just like many other international agreements, such as the Trans-Pacific Partnership. This article explains that such dismantling will be hard to achieve because the success of the Paris Agreement does not only rest in its negotiation phase, but is supported through a bottom-up approach in the implementation phase and the potential of the international trading system. With an analysis of the climate regime’s negotiation and implementation, this paper aims at demonstrating why dismantling the Paris Climate Agreement will be hard and not favored by the plurality of actors involved in the process.

Keywords: Paris Agreement, climate change, international trade

JEL Classification: K32, K33

Suggested Citation

Leal-Arcas, Rafael and Morelli, Antonio, The Resilience of the Paris Agreement: Negotiating and Implementing the Climate Regime (August 22, 2018). Georgetown Environmental Law Review, Vol. 31.1, pp. 1-64, 2018; Queen Mary School of Law Legal Studies Research Paper No. 284/2018; . Available at SSRN: https://ssrn.com/abstract=3236985

Rafael Leal-Arcas (Contact Author)

Queen Mary University of London - School of Law ( email )

67-69
Lincoln's Inn Fields
Holborn, London WC2A 3JB
United Kingdom

HOME PAGE: http://www.ccls.qmul.ac.uk/staff/lealarcas.html

Antonio Morelli

American University - Washington College of Law

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

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