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31 Geo. Envtl. L. Rev. 1 (2018-2019)
The Resilience of the Paris Agreement: Negotiating and Implementing the Climate Regime

handle is hein.journals/gintenlr31 and id is 4 raw text is: ARTICLES The Resilience of the Paris Agreement: Negotiating and Implementing the Climate Regime RAFAEL LEAL-ARCAS* AND ANTONIO MORELLI** ABSTRACT The Paris Agreement is undoubtedly one of the greatest diplomatic achieve- ments of the Obama-Kerry Administration. However, it is at risk of being dis- mantled by the Trump Administration, as has been the fate of other international agreements, such as the Trans-Pacific Partnership. This Article argues that the Paris Agreement's success does not depend solely on it being negotiated and adopted, but also depends on its actual and effective imple- mentation. By analyzing both the negotiation and implementation phases of the Paris Agreement, this Article will show that the Paris Agreement was designed to be resilient, and that dismantling it would not only be a difficult task, but would also be a disfavored course of action by the plurality of actors involved in the process. * Jean Monnet Chaired Professor in EU International Economic Law and Professor of Law, Queen Mary University of London (Centre for Commercial Law Studies); 2018 Visiting Scholar, Trade and Environment Division, World Trade Organization; Member, Madrid Bar; European University Institute, Ph.D. 2008; European University Institute, M.Res. 2003; Stanford Law School, J.S.M. 2002; Columbia Law School, LL.M. 2001; London School of Economics and Political Science, M.Phil. 1999; Granada University, J.D. 1996; Granada University, B.A. This Article has benefited from rich discussions at the Yale Workshop on Trade and Climate Change, Yale University, November 30- December 1, 2017. I am grateful to all participants for very thoughtful discussions. The financial help from two European Union (EU) grants is greatly acknowledged: Jean Monnet Chair in EU International Economic Law (project number 575061-EPP-1-2016-1-UK-EPPJMO-CHAIR) and the WiseGRID project (grant agreement number 731205), funded by the EU's Horizon 2020 research and innovation program. Email: r.leal-arcas@qmul.ac.uk. Prof. Leal-Arcas primarily contributed to Part II of this Article. 0 2018, Rafael Leal-Arcas and Antonio Morelli. ** SJD Candidate and Researcher, American University Washington College of Law; Assistant to Dean Emeritus Claudio Grossman, International Law Commission of the United Nations; 2017 Visiting Scholar, European University Institute; American University Washington College of Law, LL.M. in International Legal Studies 2014; Universidad Carlos III of Madrid, LL.M. in EU Law 2013; Bocconi University of Milan, J.D. 2012. I am grateful to Francesco Olivieri for much valuable discussion. David Hunter and Fernanda Nicola provided helpful comments and insights. Thanks are also due to Stephanie Attil for excellent support. Email: antonio.morelli@hotmail.it. Mr. Morelli primarily contributed to Part I of this Article. 1

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