Giving Paris is Teeth: What obligations does the Paris agreement place on the United States?

Abstract

The Paris Agreement was lauded with cheers, but its implementation is uphill task, riddled with ambition gaps and soft obligations on state parties that are yet to materialize. The US has already received a lot of flak, from within and without, as it has been argued that Obama signed the agreement without the backing of the state, and thus it cannot be enforced under domestic US law. If this is true, then the US arguably is unlikely to back the decision. However, till the agreement enters force– and thereafter, if the US does not so ratify the agreement– what obligations does the agreement place on the US to reduce Green House Gasses (GHGs)? This paper treats the Paris Agreement not as a treaty but as a sole executive agreement and discusses the resultant obligations to mitigate and report under US law and international law, absent ratification, particularly in light of the last-minute change of the text of the obligation to mitigate. Keywords: climate change agreements, foreign relations law, sole executive agreements.

Keywords: [eclimate change agreements, foreign relations law, sole executive agreements