While the enhanced transparency framework is universal, as is the global stocktaking that will take place every 5 years, the framework aims to provide „integrated flexibility“ to distinguish the capacities of developed and developing countries. In this context, the Paris Agreement contains provisions to improve the capacity-building framework. [58] The agreement takes into account the different situations of certain countries and notes in particular that the technical expertise of each country takes into account the specific reporting capacities of that country. [58] The agreement also develops a transparency capacity building initiative to help developing countries put in place the institutions and procedures necessary to comply with the transparency framework. [58] States Parties are subject to certain legally binding rules, such as the obligation for developed countries to provide financial assistance to developing countries in order to implement the Agreement. The level of NDCs set by each country[8] will set that country`s objectives. However, the „contributions“ themselves are not binding under international law because they do not have the specificity, normative character or mandatory language necessary to create binding norms. [20] In addition, there will be no mechanism to force a country[7] to set a target in its NDC on a specific date and no application if a target set in an NDC is not met. T82 [21] There will be only one „name and shame“ system,[22] or as János Pásztor, UN Under-Secretary-General for Climate Change, told CBS News (USA), a „name and encouragement“ plan. [23] Given that the agreement does not foresee any consequences if countries do not comply with their obligations, such a consensus is fragile.

A net of nations withdrawing from the deal could trigger the withdrawal of more governments and lead to a total collapse of the deal. [24] The Paris Agreement[3] is a United Nations Framework Convention on Climate Change (UNFCCC) agreement dealing with mitigation, adaptation to greenhouse gas emissions and financing, which was signed in 2016. The wording of the agreement was negotiated by representatives of 196 States Parties at the 21st Conference of the Parties to the UNFCCC at Le Bourget, near Paris, France, and adopted by consensus on 12 December 2015. [4] [5] As of February 2020, the 196 members of the UNFCCC had signed the agreement and 189 had acceded to it. [1] Of the seven countries that are not parties to the law, the only major emitters are Iran and Turkey. Scientists have warned that the deal is not enough to prevent catastrophic global warming, as countries` commitments to reduce carbon emissions will not be enough to meet temperature targets. Other criticisms relate to the agreement`s ability to cope with losses caused by climate change in the most vulnerable countries such as most African countries, many South Asian countries, and several countries in South and Central America. Warm up below 2 degrees Celsius and formulate two long-term emissions targets: first, a peak in emissions as soon as possible (with the realization that this will take longer for developing countries); then a goal of net neutrality of greenhouse gases in the second half of this century. The agreement obliges the parties to take „national measures with the aim of achieving the objectives“ of their NDC, but does not make the implementation or achievement of the NDC a binding obligation. It also encourages countries, but does not oblige them to develop and communicate long-term strategies for low-emission development. It requires parties involved in such transfers to ensure that „double counting is avoided“ and that it complies with the accounting guidelines for the preparation of NDCs.

The agreement also creates a new mechanism that succeeds the Kyoto Protocol`s clean development mechanism, which generates tradable emissions offsets. The rules of the new mechanism are to be adopted at the first meeting of the Parties after the entry into force of the Agreement. NDCs are registered in a public registry maintained by the UNFCCC Secretariat and not in an annex to the agreement, as some countries had proposed. On August 4, 2017, the Trump administration sent an official notice to the United Nations stating that the United States intended to withdraw from the Paris Agreement as soon as it was legally allowed to do so. [79] The withdrawal request could only be submitted once the agreement for the United States had been in force for 3 years, on November 4, 2019. [80] [81] On November 4, 2019, the U.S. government deposited the notice of withdrawal with the Secretary-General of the United Nations, depositary of the agreement, and formally withdrew from the Paris Climate Agreement a year later, when the withdrawal took effect. [82] After the November 2020 election, President-elect Joe Biden promised to join the United States under the Paris Agreement from his first day in office and to renew the United States` commitment to mitigate climate change. [83] [84] As a contribution to the objectives of the agreement, countries submitted comprehensive national climate action plans (Nationally Determined Contributions, NDCs). .