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Abstract
Parties to the Paris Agreement can engage in voluntary cooperation and
use internationally transferred mitigation outcomes towards their national
climate pledges. Doing so promises to lower the cost of achieving agreed climate
objectives, which allows countries to increase their mitigation efforts with given
resources. Lower costs do not automatically translate into greater climate
ambition, however: Transfers that involve questionable mitigation outcomes can
effectively increase overall emissions, affirming the need for a sound regulatory
framework. As Parties negotiate guidance on the implementation of cooperative
approaches under the Paris Agreement, they must consider governance options
to secure environmental integrity and address the question of overall climate
ambition. But country views are far apart on central questions. Of all the issues
under negotiation to operationalize the Paris Agreement, cooperative
approaches are the only agenda item still under debate. Drawing on an
analytical framework that incorporates economic theory, deliberative
jurisprudence, practical case studies, and treaty interpretation, this Article maps
central positions of actors in the negotiations and evaluates relevant options
included in recent textual proposals. It concludes with a set of recommendations
on how operational guidance can balance necessary safeguards for climate
ambition with flexibility to contain transaction costs and allow for greater
participation.