Climate Change Mitigation Obligations in the Paris Agreement

Abstract

The Paris Agreement is a cornerstone of international climate law. It sets the temperature goal in Article 2.1(a) as a legal standard for climate action worldwide. Moreover, it contains clear obligations. Regarding mitigating climate change, they require regularly preparing, communicating and maintaining NDCs and pursuing effective domestic implementation measures. In exercising these obligations, each party must act with stringent due diligence by preparing an NDC every five years which corresponds to the 1.5°C goal, reflects highest possible ambition, progresses in ambition, and is informed by the outcomes of the regular global stocktakes. As clarified by the International Court of Justice (ICJ), these are standards that parties must satisfy and which limit their discretion. Importantly, this shows that the Paris Agreement is not voluntary or ‘bottom-up.’ Rather, it requires parties not only to do better every time they communicate an NDC, but to do the best they possibly can—the utmost.