Amicus Curiae Brief presented by
ClientEarth
21 November 2016
c. the parties comply with the transparency framework contained in Article 13,
under which all parties will report their emissions consistently and subject their
reporting practices to a "technical expert review".
63. The Paris Agreement is also the first climate change agreement to contain a mention
of human rights and, therefore, establishes the direct link between international
climate change and human rights regimes. The preamble to the Paris Agreement
emphasises that “[p]arties should, when taking action to address climate change,
respect, promote and consider their respective obligations on human rights”.50 The
Agreement therefore recalls the positive obligations of the state to promote these
human rights through action on climate change.
64. The Paris Agreement represents groundbreaking and game-changing international
law and shifts the definition of acceptable and reasonable behaviour by private
actors in the context of the global threat posed by climate change. Human rights
obligations in the context of climate change should be interpreted in accordance with
this new international norm.
5.3 Carbon budgets
65. The implication of the Paris Agreement's temperature goals is that there is a finite
quantity of greenhouse gasses that may be emitted into the atmosphere, above
which the temperature goal(s) will be exceeded. An article in Nature in June 2016
50
Paris Agreement, recital 12.
34
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