Study On The Compliance Mechanism Of The Paris Agreement

Since the 20 th century,a series of international environmental problems caused by global warming have been deteriorating,which has attracted extensive attention from all mankind and many academic circles.International environmental law has also been constantly updated and improved with this climate problem.On November 29,2015,the 21 st conference of the parties to the United Nations framework convention on climate change(hereinafter referred to as the "convention")was held in Paris,France.After 14 days of negotiations,the 21 st United Nations climate change conference finally released the legally binding Paris agreement on December 12,2015.On April22,2016,more than 170 state leaders gathered in the UN headquarters in New York,signed the agreement,this is the 1992 United Nations framework convention on climate change,the Kyoto protocol in 1997,after the human response to climate change the third milestone in the history of the international legal text,formed the global climate governance pattern after 2020,officially launched the global implementation of joint response to global warming.But ACTS alone are not enough.Despite the existence of so many international environmental treaties,if the parties do not comply with the treaty,then these environmental treaties will not play their due role and value,so there must be a compliance mechanism to urge the signatories to consciously implement international environmental treaties.The compliance mechanism of international treaties has been gradually developed since the second world war,and the compliance mechanism of international environmental treaties can be traced back to the framework design of the compliance mechanism of the Montreal protocol and the Kyoto protocol.This paper aims to summarize the definition and characteristics of the compliance mechanism,analyze the basic framework and guiding principles of the compliance mechanism of the Paris agreement,and study the compliance mechanism of the Paris agreement from a global and Chinese perspective.Finally,based on the legal and practical basis of the compliance mechanism of the Paris agreement,countermeasures and Suggestions areproposed for China to participate in the negotiation of the compliance mechanism of the Paris agreement,so that China can have the right to speak on the issue of global warming and assume the responsibility of reducing emissions as a major country to build a "community of Shared future for mankind".This paper is divided into four parts to study and analyze the compliance mechanism of the Paris agreement.Chapter one firstly summarizes the definition,definition and institutional setting of compliance mechanism,and then analyzes the background and evolution of compliance mechanism of Paris agreement,and expounds the necessity of constructing compliance mechanism of Paris agreement.Secondly,it introduces the evolution of the compliance mechanism of the Paris agreement and the latest progress of the negotiations.Finally,the principles of the compliance mechanism of the Paris agreement are analyzed,including the principle of equity,the principle of common but differentiated,the principle of international cooperation and the principle of respective capabilities.The second chapter of the Paris agreement compliance mechanism analyzes the theoretical basis of innovation,from the "climate" five elements of governance mechanism,global inventory system and the system of "national independent contribution" three aspects,and according to the agreement and meeting documents,analyzes the construction of the Paris agreement theory elements of compliance mechanisms involved.Chapter three analyzes the shortcomings and causes of the current compliance mechanism of the Paris agreement,mainly for the contradiction between compliance mechanism and market mechanism,lack of supervision of funds and technology,and proposes some Suggestions for the improvement of the compliance mechanism of the Paris agreement in the future.Finally,this paper explores practical bear as a responsible big country of China should be how to deal with the Paris agreement compliance mechanisms,standing on the position and interests of the Chinese perspective and a proposal for our country put forward concrete,namely to insist on developing country status,maintenance of "common but differentiated responsibilities",in order to enhance the comprehensivenational strength and international influence of our country at the same time,also want to have the courage to take responsibility,to maintain good diplomatic relations,and makes the rich vitality of the "human destiny community".