Guest Speaker: Dr Caroline Bertram, University of Copenhagen

Title: 'The trade-climate nexus: enforcement pathways under EU preferential trade agreements for the Paris Agreement'

Chair: Professor James Harison, Warwick Law School

Abstract: The limited enforceability of climate commitments under the Paris Agreement remains a significant barrier to effective global climate action. Global warming has already exceeded the critical 1.5°C threshold, underscoring the urgency of exploring alternative governance structures to reinforce the climate regime. This paper investigates the role of the European Union’s (EU) preferential trade agreements (PTAs) as potential tools to enhance adherence to the Paris Agreement by allowing for stronger enforcement mechanisms. Specifically, the paper analyses three recent legal innovations in EU PTAs relating to the Paris Agreement and the enforcement routes they provide. Through a detailed examination of recent EU PTAs with the United Kingdom, Kenya, New Zealand, Chile, and Mercosur, the study evaluates their capacity to bolster global climate governance by offering more robust enforcement pathways. It identifies both the potential and limitations of these mechanisms, particularly highlighting ambiguities concerning the enforceability of nationally determined contributions (NDCs). The paper concludes that, while PTAs offer valuable tools for addressing implementation gaps in international climate governance, they are not without imperfections and require further refinement to effectively serve this purpose.