The Role of the Paris Agreement in Ensuring Compliance with the CBDR-RC Principle through the Compliance Mechanism

Abstract

The current high of GHG emissions are proofs that states still have differing views in placing climate change as their priority scale. As a response, states agreed to create a legal instrument that can control their efforts in tackling the problems. The Paris Agreement is one of the climate change agreements that formed on the basis of voluntary contributions. Paris Agreement use the principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC) as the ground norm of the Agreement’s implementation. The principle allows member states to determine their own targets and efforts to reduce the emissions in national and global level. However, the principle poses a challenge to the Agreement because it could lead to non-compliance by the member states and reduce their ambition to achieve net-zero emission targets. In addition, the question arises as to how international law can encourage compliance with the CBDR-RC principle and what efforts are made to achieve effective implementation. This article is expected to provide an understanding of the role of international law in accommodating the dynamics of the CBDR-RC principle in the context of climate change. This article will focus on discussing the role of international law in the compliance process of member states and its relation to compliance mechanisms as an effort to encourage the implementation of CBDR-RC principle. The results indicate that the principle can encourage member states to comply by filling the gap in the Paris Agreement. Therefore, compliance mechanisms are needed to achieve effective implementation of the principles.