This article attempts to investigate the significance and implications of the United States’ decision to withdraw from and cease implementation of the Paris Agreement on climate change, as announced in the statement released by President Trump on 1st June 2017. It is argued that that decision risks giving rise to a serious setback for the international protection of climate. Yet, the Parties to the Paris Agreement have so far been reluctant to react to the United States’ conduct. In particular, since the United States withdrawal could not have effect before 4 November 2020, the cessation of implementation of the Paris Agreement has already resulted in a wrongful act, at least as regards the obligation to pursue domestic mitigation measures with the aim of achieving the objectives of the nationally determined contributions. Should the Parties to the Paris Agreement invoke the responsibility of the United States, they would eventually face the need to solve certain difficulties emerging from the application of the general rules concerning State responsibility to a case relevant to climate change, because the implementation mechanism of the Paris Agreement would prove to be inadequate owing to its facilitative nature

On the United States’ Decision to Withdraw from and Cease Implementation of the Paris Agreement on Climate Change

Gervasi, Mario
2019

Abstract

This article attempts to investigate the significance and implications of the United States’ decision to withdraw from and cease implementation of the Paris Agreement on climate change, as announced in the statement released by President Trump on 1st June 2017. It is argued that that decision risks giving rise to a serious setback for the international protection of climate. Yet, the Parties to the Paris Agreement have so far been reluctant to react to the United States’ conduct. In particular, since the United States withdrawal could not have effect before 4 November 2020, the cessation of implementation of the Paris Agreement has already resulted in a wrongful act, at least as regards the obligation to pursue domestic mitigation measures with the aim of achieving the objectives of the nationally determined contributions. Should the Parties to the Paris Agreement invoke the responsibility of the United States, they would eventually face the need to solve certain difficulties emerging from the application of the general rules concerning State responsibility to a case relevant to climate change, because the implementation mechanism of the Paris Agreement would prove to be inadequate owing to its facilitative nature
File in questo prodotto:
File Dimensione Formato  
Gervasi_United-States_2019.pdf

non disponibili

Tipologia: Documento in Versione Editoriale
Licenza: NON PUBBLICO - Accesso privato/ristretto
Dimensione 286.52 kB
Formato Adobe PDF
286.52 kB Adobe PDF   Visualizza/Apri   Richiedi una copia

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11586/392115
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 2
  • ???jsp.display-item.citation.isi??? 1
social impact