1.5 degrees Celsius above pre-industrial levels. The 1.5 degree
Celsius limit is a significantly safer defense line against the worst
impacts of a changing climate. Additionally, the agreement aims to
strengthen the ability to deal with the impacts of climate
change.119
The Paris Agreement is a show of international cooperation, and it “sent a powerful
signal to global markets, hastening the transition away from fossil fuels and to a clean energy
economy.”120
The Paris Agreement is the first environmental treaty to explicitly acknowledge that
parties should respect and promote human rights in addressing climate change.121 The reference
to human rights is found in the preamble:
Acknowledging that climate change is a common concern of
humankind, Parties should, when taking action to address climate
change, respect, promote and consider their respective obligations
on human rights, the right to health, the rights of indigenous
peoples, local communities, migrants, children, persons with
disabilities and people in vulnerable situations and the right to
development, as well as gender equality, empowerment of women
and intergenerational equity[.]122
The human rights reference does not impose a “jurisdictional limit” to respect, promote, and
consider respective obligations on human rights. Also, the preamble notes the importance of the
concept of “climate justice” in taking action to address climate change.123 While the preamble is
not part of the agreement’s operative provisions, the preambular language should guide the
interpretation of those provisions124 and lends support to national climate efforts, such as this
Petition. The Petitioners recognize the leading role of the Philippine delegation, skilfully led by
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119
UNFCCC, Press Release, Historic Paris Agreement on Climate Change 195 Nations Set Path to Keep
Temperature Rise Well Below 2 Degrees Celsius, Dec. 12, 2015, http://newsroom.unfccc.int/unfcccnewsroom/finale-cop21/ (last accessed on Apr. 19, 2016).
120
S. Goldenberg, J. Vidal, L. Taylor, A. Vaughan, and F. Harvey, Paris Climate Deal: Nearly 200 Nations Sign in
End of Fossil Fuel Era, Guardian, Dec. 12, 2015, http://www.theguardian.com/environment/2015/dec/12/parisclimate-deal-200-nations-sign-finish-fossil-fuel-era (last accessed Apr. 19, 2016).
121
Press Release, CIEL, A Powerful Signal but a Weak Agreement in Paris: Global Movement for Climate Action
Must Accelerate, Dec. 12, 2015,
http://www.ciel.org/news/a-powerful-signal-but-a-weak-agreement-in-paris-global-movement-for-climate-actionmust-accelerate/ (last accessed on Apr. 20, 2016).
122
Adoption of the Paris Agreement, FCCC/CP/2015/L.9/Rev.1, Dec. 12, 2015, preamble,
https://unfccc.int/resource/docs/2015/cop21/eng/l09r01.pdf (last accessed on Apr. 19, 2016).
123
Id.
124
C. Schwarte, Legal Response Initiative, Preliminary Legal Assessment of the Paris Agreement, Dec. 14, 2015,
http://legalresponseinitiative.org/preliminary-legal-assessment-of-the-paris-agreement/ (last accessed on Apr. 19,
2016).
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