Ambitiously Collective To Collectively Ambitious: An Evolutionary Interpretation Of Parties’ Mitigation Obligations Under The Paris Agreement

Abstract

Whether collective obligations exist, or should exist, in public international law has been tiptoed around by international legal scholars, court judges, and instrument drafters for decades. However, the unprecedented challenges arising out of the climate crisis, including the necessity for swift action and cooperation between states, present fresh ground for legal innovation and the recognition of the collective obligation in international law. This paper argues that the Paris Agreement on climate change creates binding collective obligations of conduct for its Parties, with particular reference to Articles 2 and 3 of the Agreement. To translate these legal obligations into positive action-and to clarify the legal relationship between the temperature goal (Article 2) and mitigation (Article 4)-an evolutionary interpretation of the Paris Agreement will be advanced.