EUROPEAN UNION’S STAND ON CHINA’S VIOLATION OF THE

2015 PARIS AGREEMENT

(UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE)

PART I: INTRODUCTION

On 12 December 2015, 196 Parties to the UN Framework Convention on Climate

Change (UNFCCC) adopted the Paris Agreement, a framework for an internationally
coordinated effort to tackle climate change. The Paris Agreement was adopted as part of
a decision of the Conference of the Parties (COP) to the UNFCCC. It defines a universal
framework to ‘strengthen the global response to the threat of climate change.

The Paris Agreement puts emphasis on processes rather than on defined

mitigation goals. It does not formulate country specific emissions targets. Instead, the
Paris Agreement depends on voluntary mitigation contributions and a series of processes
that seek to ensure collective and individual progress in meeting the initial and
progressively more ambitious mitigation contributions.

The Paris Agreement recognizes the different starting points and responsibilities
of countries, and emphasizes that the Agreement will be implemented in accordance with
the ‘principle of common but differentiated responsibilities and respective capabilities’
which applies ‘in the light of different national circumstances. This means that developed
countries have to continue to take the lead in mitigating climate change and support the
actions taken by developing countries.

The Paris Agreement represents the culmination of six years of international

climate change negotiations under the auspices of the UNFCCC, and was reached under
intense international pressure to avoid a repeat failure of the Copenhagen conference in
2009.
PART II: IMPORTANCE OF THE AGREEMENT

The Agreement establishes a global warming goal of well below 2°C on pre-
industrial averages. It also aims for greenhouse gas emissions to peak as soon as
possible, and to achieve net-zero emissions in the second half of this century.

It requires countries to formulate progressively more ambitious climate targets

which are consistent with this goal. To achieve this goal, all Parties to the Paris Agreement
will need to make profound changes to their economies.

What are its goals and purposes?

Its importance to the entire community.
(Minimum of 350 words)

PART III: CHINA’S VIOLATION AND ITS DEFENSES

(Please note that China will possibly raise as a defense that it is not
a signatory to the Agreement and that the Agreement has no
binding effect as International law is not a true law. Also, China
would most probably raise as a defense its Sovereignty.)
(Minimum of 350 words)

PART IV: 2015 PARIS AGREEMENT NOT A TREATY

(whoever be assigned for this topic, please think of another sub-title
that will discuss that the 2015 Paris Agreement does not have the
status of a Treaty and Why? What are its implications if it is not a
Treaty? Discuss also the concept of soft laws)
(Minimum of 400 words)
PART V: THE AGREEMENT’S BINDING EFFECT
 Is the agreement legally binding with respect to signatory
States?
 Discuss the Principle of Pacta sunt servanda, Jus
Cogens, obligation erga omnes
 Is the agreement legally binding with respect to non-signatory
States?
 Discuss the principle of Jus Cogens and obligation
erga omnes)
(Minimum of 600 words)

PART VI: EUROPEAN UNIONS’S STAND

(Kindly discuss how EU can enforce the Agreement to China. Use
the principles discussed above and include the discussion on
Transnational Law.)
(Minimum of 700 words)

PART VII: CONCLUSION

(Discuss the implications if this kind of initiative was not
undertaken by the responsible nations.)
(Minimum of 250 words)
BIBLIOGRAPY:
1. Climate Focus Client Brief on the Paris Agreement III, released on 28 December
2015
Atty. Valones’ premises/assumptions of facts:
 That China is not a signatory to the 2015 Paris Agreement (don’t be confused
with the result of your research that China is a signatory country and in fact
spearheaded the implementation of this Agreement)
 That China consistently violated the provisions of the Agreement
Atty. Valones’ guide questions:
Is the agreement legally binding with respect to signatory States?
Is the agreement legally binding with respect to non-signatory States?
Is it a Treaty?
As EU Country how will you enforce the Agreement?

READING MATERIALS:
https://climatefocus.com/sites/default/files/20151228%20COP%2021%20briefing%20FI
N.pdf
https://www.nrdc.org/sites/default/files/paris-climate-agreement-IB.pdf
https://ec.europa.eu/clima/policies/international/negotiations/paris_en
https://unfccc.int/resource/docs/2015/cop21/eng/l09r01.pdf
https://unfccc.int/files/meetings/paris_nov_2015/application/pdf/paris_agreement_englis
h_.pdf