Significato Di Binding Agreement

An in-depth analysis of the issue is based on the meaning of the term “legally binding” and on the impact of this definition on the text: in order to be defined as such, can an agreement be binding as a whole, or even can parts of it be binding? To further complicate the situation, the fact that the outcome of COP21 will consist of at least two separate documents: the agreement (agreement), which contains the general and long-term provisions that will apply throughout the commitment period (which, in all likelihood, will take the form of a protocol but will have no particular legal impact) and the COP decision , which will instead include specific and up-to-date decisions from year to year. , as well as annexes to national voluntary contributions and acceptance of the agreement. And if the signature of the heads of state is necessary for the first document (which sanctiones a commitment period from 2020 to 2030), this will not apply to the second document, whose approval is the responsibility of the current president of the COP. Another sensitive issue concerns the United States: will they be able to join while the Republican majority in Congress is blocking any proposal on climate change? It is precisely for this reason, always to listen to the experts, that the United States will never sign anything that, by its nature, requires congressional approval: in fact, this can be avoided by using President Obama`s executive branch, which has the constitutional power to bind the United States to an international “agreement” if and only if the obligations that flow from it can be met by existing laws. Since Congress approved membership of the United Nations Framework Convention on Climate Change (UNFCCC) more than 20 years ago, it seems that the Paris Agreement can be concluded as a “sub-treaty agreement”, that is, within the framework of the 1992 Framework Convention. COP21, the United Nations Climate Change Conference, which is expected to lead to a new global agreement, is currently underway in Paris. In addition to the impact on national consensus – as it is one of the few countries to avoid a problem that will affect current and future generations – would also begin a number of mechanisms at the international level, which would lead, for example, to a loss of reputation, funding, access to market mechanisms and much more if a country does not meet its commitments , or even a decision, to abandon the agreement. “Indirect” sanctions, in short. And if someone can`t care about the image, no one takes care of their wallet… With a high degree of confidence, it can be said that the Paris agreement will be legally binding.