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  • 2 - Lessons from the Paris Agreement for International Pandemic Law and Beyond

  • from Part I - General and Conceptual Issues
  • Edited by Christina Voigt, Universitetet i Oslo, Caroline Foster, University of Auckland
  • Book:
    International Courts versus Non-Compliance Mechanisms
    Published online:
    15 February 2024
    Print publication:
    22 February 2024, pp 15-48
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  • Summary

    Facilitative, non-punitive compliance machinery has a stronger theoretical basis now than ever before. Previously competing rationalist and managerial approaches to compliance come together in an interdependent world where we are confronting challenges that affect all States, including climate change, pandemic prevention and high seas conservation. In these contexts it is inherently rational for all States to play their part in addressing shared challenges by implementing their commitments; facilitative implementation and compliance arrangements on the model seen in the Paris Agreement will assist and support them in their efforts. The author investigates the benefits of the Paris Agreement model for compliance provisions in new international treaties including Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), the international agreement on pandemic preparedness and response, and the plastics pollution treaty.