Maiko Meguro (University of Amsterdam – Amsterdam Center for International Law) has posted The Retreat of the State in International Law? The Paris Agreement as a Case Study on SSRN. Here is the abstract:
This chapter discusses the possibility of new forms of governance of the climate beyond state power, that is, beyond the traditional state-based modes of generating normativity, paying special attention to the Paris Agreement under the UN Framework Convention on Climate Change (UNFCCC). In doing so, this chapter critically engages with a de-emphasizing of the role of the state accompanying global governance discussions because of the increasing number of transnational actors and activities, the growing role of universal institutions such as the United Nations, the ratification of multilateral treaties that protect international common interests, and the expanding jurisdiction of international courts and tribunals with quasi-compulsory jurisdiction. It argues that the Paris Agreement offers a new understanding of the governance of climate problems in which the state is the coordinator of different governance levels and actors.