Date post: | 13-Apr-2017 |
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Introduction• Entry into force of an international Agreement is the official
moment an international agreement takes effect fully and officially.
• There are various components to this process before an agreement enters into force.
o Often includes national legal analysis and assessment to ensure the agreement is compatible with national law.
o Formal signing of the agreement – subject to ratification
o Ratification at domestic level
o Deposit the instrument of ratifications with the UN depository.
o Agreement enters into force when the special triggers of the Agreement are met.
Legal terminologySign
ature
Does not establish the state’s consent to be bound, but creates an obligation to refrain, in good faith, from acts that would defeat the general objectives
Not enough to enable a country to become a Party to the Paris Agreement.
By signing, parties expresses the willingness to continue in the process of ratification, acceptance or approval. Ratificatio
n
The act whereby a state indicates its consent to be bound by a multilateral treaty
Implies that State have taken all required measures for transferring the treaty to its domestic jurisdictional system
The process of ratification varies from state to state, according to the demands of their respective Constitutions.
Provisions in the Paris Agreement on entry
into force• Article 20: This Agreement shall be open for signature and subject
to ratification, acceptance or approval by …Parties to the Convention. It shall be open for signature at the United Nations Headquarters in New York from 22 April 2016 to 21 April 2017.
• Thereafter, this Agreement shall be open for accession from the day following the date on which it is closed for signature.
• Article 21 : The Agreement shall enter into force on the 30th dayafter the date on which at least 55 Parties to the Convention accounting in total for at least an estimated 55 % of total global greenhouse gas emissions have deposited their instruments of ratification, acceptance, approval or accession with the Depositary.
• Article 26: The Secretary-General of the United Nations will act as the Depositary of the Agreement
Meeting the two triggers…
Trigger I Trigger II
Accounting for 55% of total Global
GHGs
At least55 Parties
Ready to ratify
• Number of SIDS (Fiji, Palau, Marshal Island, Tuvalu…) have completed parliamentary process and ready to sign and deposit their instruments of ratification.
• Countries can also provisionally all of the provisions of the Agreement pending its entry into force(Parties are requested to provide notification of any such provisional application to the Depositary).
INSTRUMENT OF RATIFICATION
Whereas the (title of the Convention) is open to ratification by (name of country).. under the terms of its Article ..(number of applicable Article)
Now therefore the Government of (name of country) having considered the aforesaid Convention hereby ratify the said Convention and undertake
faithfully to carry out the stipulations therein contained
IN WITNESS THEREOF, I have signed and sealed this instrument.
Done at (place) the day of (date)
(Signature)
Head of State or Prime Minister or Minister of Foreign Affairs
(seal)
With the instrument of ratification…
• Parties can also mention whether they plan to apply the Agreement provisionally
• Communicate updated INDC which will become the NDC for the Paris Agreement implementation
• Communicated NDCs will be displayed in the public registry created by the UNFCCC Secretariat until the permanent registry is established.
• http://unfccc.int/focus/ndc_registry/items/9433.php
• No timeline in the Article 21. Intentional decision by Parties. • Triggers of the entry into force can be met before 2020 and
the Paris Agreement can be implemented from the day it enters into force.
• First Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement (CMA) will be held after the Agreement’s entry into force
• APA will complete its work by the first CMA• CMA will adopt the work forwarded to it by the APA. • Countries that are not parties to the Paris Agreement will not
be part of the CMA process.• Currently, nationally determined contributions will be
implemented from 2020.• If the two triggers are not met by 2020, the Agreement will
not be implemented from 2020.
Implications of possible early entry into
force