Abstract

NAVA ESCUDERO, César. The Paris Agreement. The predominance of Soft Law in the Climate Regime. Bol. Mex. Der. Comp. [online]. 2016, vol.49, n.147, pp.99-135. ISSN 2448-4873.

For some time now international environmental treaties, especially those related to the climate regime, have incorporated soft law texts i.e. norms in a non-binding written form. The 2015 Paris Agreement constitutes an example of the latter. This article seeks to examine, through a brief analysis of the soft contents of the 1992 United Nations Framework Convention on Climate Change and the 1997 Kyoto Protocol, some of the most relevant norms of the Paris Agreement in order to provide evidence that on securing agreement on climate issues States resort to the use of non-binding norms. This common practice proves that, at least in legal terms, the Paris Agreement is not an exceptional treaty as conceitedly described.

Keywords : Paris Agreement; soft law; climate regime; international environmental law.

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