Introduction
The Paris Agreement, adopted in 2015 under the United Nations Framework Convention on Climate Change (UNFCCC), represents a landmark international treaty aimed at combating climate change through coordinated global efforts. Signed by 196 parties during the 21st Conference of the Parties (COP21) in Paris, France, the Agreement establishes a framework for mitigating greenhouse gas emissions, adapting to climate impacts, and providing financial support for climate action. Its central goal is to limit the global average temperature rise to well below 2°C above pre-industrial levels, with an aspirational target of 1.5°C. Despite its ambitious objectives and widespread ratification, the Paris Agreement faces significant challenges in achieving global emission targets, including political, economic, and legal barriers. Additionally, the legal mechanisms by which countries enter into and implement the Agreement vary widely due to differences in national legal systems and approaches to international law.
This article examines the challenges inherent in meeting the global emission targets set by the Paris Agreement. It explores the legal framework for treaty-making and implementation, focusing on how a specific country—referred to here as “this country” for the purpose of analysis—enters into treaties under its constitutional provisions. The discussion includes whether this country adopts a monist or dualist approach to international treaties and how such treaties are incorporated into national law. Furthermore, the article investigates the relationship between the Paris Agreement and the Vienna Convention on the Law of Treaties (VCTL) of 1969, analyzing whether the Agreement falls under the VCTL’s purview and how this relationship might guide other countries in their treaty-making processes. By addressing these dimensions, this article seeks to contribute to the broader discourse on the legal and practical challenges of achieving the Paris Agreement’s objectives.
The Paris Agreement: Objectives and Global Emission Targets
The Paris Agreement is a pivotal instrument in the global fight against climate change, marking a shift from the top-down approach of the Kyoto Protocol to a bottom-up framework of Nationally Determined Contributions (NDCs). Under Article 2 of the Agreement, the primary objective is to strengthen the global response to climate change by holding temperature increases to well below 2°C, pursuing efforts to limit the rise to 1.5°C, and enhancing adaptive capacity and resilience while fostering low-carbon development (United Nations, 2015). Article 4 further mandates that each party prepare, communicate, and maintain successive NDCs, reflecting their highest possible ambition in reducing greenhouse gas emissions.
Despite the Agreement’s innovative structure, meeting global emission targets remains a formidable challenge. Recent assessments indicate that even if current NDCs are fully implemented, global temperatures are projected to rise by 2.4–3.5°C by 2100, far exceeding the Agreement’s goals (UNEP, 2022). This gap is attributed to several factors, including insufficient ambition in NDCs, lack of enforcement mechanisms, and disparities in economic and technological capacities among nations. Moreover, geopolitical tensions and domestic political resistance in key emitting countries further complicate collective action. For instance, the United States, one of the largest emitters, withdrew from the Agreement in 2020 before rejoining in 2021, illustrating the fragility of international commitments (Paris Agreement – Wikipedia, 2025).
Financial and technological barriers also impede progress. Developing countries, which are often the most vulnerable to climate impacts, frequently lack the resources to transition to low-carbon economies. Article 9 of the Paris Agreement obliges developed countries to provide financial assistance and technology transfer, targeting $100 billion annually by 2020. However, this commitment has not been consistently met, undermining trust and cooperation between developed and developing nations (UNFCCC, 2023). These challenges underscore the need for stronger accountability mechanisms and enhanced international collaboration to bridge the emission gap.
Legal Framework for Treaty-Making in This Country
The legal process by which a country enters into international treaties like the Paris Agreement is governed by its national constitution and legal traditions. For the purpose of this analysis, “this country” serves as a case study to illustrate these processes, though specific details about the country are hypothetical due to the lack of a named jurisdiction in the brief. It is assumed that the constitutional provisions and legal practices discussed are representative of a typical state engaging with international law.
In this country, the authority to enter into international treaties is generally vested in the executive branch, as is common in many jurisdictions. Let us assume that under Article X of the Constitution of this country, the head of state or government, often acting through the ministry of foreign affairs, has the power to negotiate and sign treaties on behalf of the state. This provision aligns with the general principle under international law, as codified in Article 7 of the Vienna Convention on the Law of Treaties (VCTL) of 1969, which recognizes the authority of certain state representatives to express consent to be bound by a treaty (United Nations, 1969).
Following signature, the process of ratification often requires parliamentary approval, reflecting a democratic check on executive power. Suppose Article Y of this country’s Constitution mandates that treaties with significant legal or financial implications—such as the Paris Agreement, which involves binding commitments to reduce emissions and potentially allocate funds for climate action—must be ratified by a majority vote in the national legislature. This step ensures that international obligations receive domestic legitimacy and are aligned with national priorities. Ratification, as defined under Article 2(1)(b) of the VCTL, signifies the state’s consent to be legally bound by the treaty’s terms, a critical step for the Paris Agreement’s implementation (United Nations, 1969).
Monist or Dualist Approach to Treaties in This Country
The incorporation of international treaties into national law depends on whether a country follows a monist or dualist approach to international law. In a monist system, international law and domestic law form part of a single legal order, and treaties may become directly applicable upon ratification without the need for additional legislation. In contrast, a dualist system treats international and domestic law as separate spheres, requiring specific legislative action to transform treaty obligations into enforceable national law.
For the purposes of this discussion, let us assume that this country operates under a dualist approach, which is common in many common law jurisdictions. Under this framework, while the executive may sign and ratify the Paris Agreement, its provisions do not automatically become part of domestic law. Instead, the national legislature must enact enabling legislation to translate the treaty’s commitments—such as emission reduction targets under Article 4 of the Paris Agreement—into binding domestic statutes. This process can introduce delays and potential discrepancies between international obligations and national implementation, particularly if political opposition or resource constraints hinder the passage of necessary laws.
The dualist approach in this country reflects a cautious stance toward international law, prioritizing sovereignty and democratic oversight. However, it poses challenges for the timely and effective implementation of the Paris Agreement. For instance, if enabling legislation is not enacted or is inconsistently enforced, the country may fail to meet its NDC targets, undermining global efforts to curb emissions. This tension between international commitments and domestic legal processes is a recurring issue in dualist states and highlights the need for streamlined mechanisms to align treaty obligations with national law.
Incorporation of the Paris Agreement into National Law
In a dualist system like that assumed for this country, the incorporation of the Paris Agreement into national law involves several stages. After ratification by the legislature under Article Y of the Constitution, the government must propose and pass specific legislation to give effect to the Agreement’s provisions. This might include laws to establish emission reduction targets, create regulatory frameworks for carbon pricing or renewable energy incentives, and allocate budgets for climate adaptation and mitigation measures as outlined in Articles 4, 6, and 9 of the Paris Agreement (United Nations, 2015).
The process of translating international commitments into national law is often complex and subject to domestic political dynamics. For example, opposition parties or interest groups may resist legislation that imposes economic costs, such as transitioning from fossil fuels to renewable energy sources. Additionally, the legal system must ensure coherence between new climate laws and existing environmental or economic regulations, avoiding conflicts that could undermine enforcement. In this country, suppose a National Climate Action Act is passed to implement the Paris Agreement, mandating annual reporting on emission reductions and establishing a regulatory body to oversee compliance with NDC targets. Such legislation would serve as the domestic bridge between international obligations and enforceable national policy.
However, even with such legislation, challenges persist. Judicial interpretation of treaty-based laws may vary, and enforcement mechanisms may lack the necessary resources or authority to ensure compliance across sectors. These issues are compounded in federal systems, where subnational entities may have significant autonomy over environmental policy, potentially leading to inconsistent implementation of the Paris Agreement’s goals.
The Paris Agreement and the Vienna Convention on the Law of Treaties (1969)
The Vienna Convention on the Law of Treaties (VCTL) of 1969 is a foundational instrument in international law, providing rules for the conclusion, interpretation, and termination of treaties. Adopted on May 23, 1969, and entered into force on January 27, 1980, the VCTL codifies customary international law on treaties and serves as a guide for states in their treaty-making practices. A key question for this analysis is whether the Paris Agreement falls under the purview of the VCTL and how this relationship informs other countries’ approaches to entering into treaties with the Agreement.
The Paris Agreement, adopted in 2015, is a treaty within the meaning of Article 2(1)(a) of the VCTL, defined as “an international agreement concluded between States in written form and governed by international law” (United Nations, 1969). As such, its formation, entry into force, and interpretation are subject to the principles and rules set out in the VCTL for states that are parties to the Convention. Most signatories to the Paris Agreement are also parties to the VCTL, and thus, the procedural and substantive norms of the VCTL apply to their engagement with the Agreement. This includes provisions on treaty negotiation (Articles 6–18), ratification and accession (Articles 11–16), reservations (Articles 19–23), and interpretation (Articles 31–33) (United Nations, 1969).
For countries that are not parties to the VCTL, such as some non-signatory states, the Convention’s rules still hold significant weight as they largely reflect customary international law, which is binding on all states. Therefore, the Paris Agreement’s legal framework is informed by the VCTL principles regardless of a country’s specific status vis-à-vis the Convention. This universality provides a consistent basis for understanding treaty obligations and facilitates cooperation among diverse legal systems.
Implications for Other Countries Entering into Treaties with the Paris Agreement
The relationship between the Paris Agreement and the VCTL offers valuable lessons for countries seeking to join or engage with the Agreement. First, adherence to VCTL principles ensures that treaty-making processes are transparent and legally robust. For instance, under Article 11 of the VCTL, states must express their consent to be bound by a treaty through signature, ratification, or accession, a process that applies to the Paris Agreement and helps establish clear legal commitments (United Nations, 1969). Countries should ensure that their domestic legal frameworks support these processes, whether through executive action, legislative approval, or both, as seen in the hypothetical case of this country.
Second, the VCTL’s provisions on treaty interpretation, particularly Articles 31 and 32, emphasize the importance of interpreting treaties in good faith and in accordance with their ordinary meaning, context, and object and purpose. For the Paris Agreement, whose object and purpose include limiting global temperature rise and fostering sustainable development, this interpretive guidance is critical. Countries must align their NDCs and domestic policies with these goals, avoiding narrow or self-serving interpretations that undermine collective action.
Third, the VCTL’s framework on reservations (Articles 19–23) is relevant for states considering conditional participation in the Paris Agreement. While the Agreement itself does not permit reservations—a point clarified during its negotiation process—understanding the VCTL’s rules on this matter can inform states about the limits of flexibility in treaty commitments. Countries must be prepared to accept the Agreement’s terms in full, which may require significant domestic legal and policy adjustments, especially in dualist systems where incorporation is not automatic.
Finally, the VCTL underscores the principle of pacta sunt servanda (Article 26), which obliges states to perform treaty obligations in good faith. For the Paris Agreement, this principle is vital given the voluntary nature of NDCs and the lack of punitive enforcement mechanisms. Countries must internalize this ethos of good faith to ensure that commitments are not only made but also honored through effective national implementation. This lesson is particularly pertinent for states with dualist systems, where the gap between international obligation and domestic action can be significant.
Challenges in Meeting Global Emission Targets: A Legal and Practical Perspective
Beyond the legal intricacies of treaty-making and incorporation, the broader challenges in meeting the Paris Agreement’s global emission targets encompass a range of political, economic, and social factors. Politically, the lack of binding enforcement mechanisms within the Agreement means that compliance relies heavily on states’ goodwill and peer pressure. The transparency framework under Article 13 aims to promote accountability through regular reporting and review of NDCs, but it lacks the authority to penalize non-compliance (United Nations, 2015). This gap is evident in cases where major emitters fail to meet their targets without facing tangible consequences, highlighting the limits of moral suasion in international law.
Economically, the transition to a low-carbon economy requires substantial investment, particularly in renewable energy, infrastructure, and technology. Developing countries, despite contributing less to historical emissions, face disproportionate burdens in this transition due to limited financial and technical capacity. The Green Climate Fund, established under the Paris Agreement, seeks to address this imbalance, but funding shortfalls persist (UNFCCC, 2023). For countries like this hypothetical state, whether monist or dualist, the economic cost of implementing NDCs may strain national budgets, necessitating international support and innovative financing mechanisms.
Socially, public awareness and support for climate action vary widely across countries. In dualist states, where legislative processes are influenced by public opinion, resistance to policies perceived as economically disruptive—such as carbon taxes or industrial regulations—can delay or derail the incorporation of the Paris Agreement into national law. Building societal consensus on the urgency of climate action is therefore critical, requiring education campaigns and inclusive policymaking to align public priorities with global goals.
Conclusion
The Paris Agreement stands as a testament to global cooperation in addressing the urgent threat of climate change. However, its success in meeting emission targets is hindered by a multitude of challenges, including insufficient ambition in NDCs, financial constraints, and legal complexities in treaty implementation. Through the lens of a hypothetical country, this article has explored the constitutional and legal processes for entering into treaties, highlighting the dualist approach’s implications for incorporating the Paris Agreement into national law. The relationship between the Agreement and the Vienna Convention on the Law of Treaties (1969) further underscores the importance of adhering to established international norms in treaty-making, offering guidance for other countries on how to navigate their commitments.
Ultimately, achieving the Paris Agreement’s goals requires not only legal and institutional reforms but also a renewed commitment to multilateralism and equity. Countries must bridge the gap between international obligations and domestic realities, ensuring that treaties are not merely signed but effectively implemented. As the world races against time to limit global warming, the lessons drawn from legal frameworks and practical challenges must inform a more robust and inclusive approach to climate governance.
References
- Paris Agreement – Wikipedia. (2025). Retrieved from https://en.wikipedia.org/wiki/Paris_Agreement
- United Nations. (1969). Vienna Convention on the Law of Treaties. Retrieved from https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf
- United Nations. (2015). Paris Agreement. Retrieved from https://unfccc.int/sites/default/files/english_paris_agreement.pdf
- UNEP. (2022). Emissions Gap Report 2022. United Nations Environment Programme.
- UNFCCC. (2023). The Paris Agreement. Retrieved from https://unfccc.int/process-and-meetings/the-paris-agreement
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