International Law Bulletin / 01_2016

 

Agreement Captures Essential Elements to Drive Action Forward

The Paris Agreement and the outcomes of the UN climate conference (COP21) cover all the crucial areas identified as essential for a landmark conclusion:

Mitigation – reducing emissions fast enough to achieve the temperature goal

 

A transparency system and global stock-take – accounting for climate action

 

Adaptation – strengthening ability of countries to deal with climate impacts

 

Loss and damage – strengthening ability to recover from climate impacts

 

Support – including finance, for nations to build clean, resilient futures

As well as setting a long-term direction, countries will peak their emissions as soon as possible and continue to submit national climate action plans that detail their future objectives to address climate change. This builds on the momentum of the unprecedented effort which has so far seen 188 countries contribute climate action plans to the new agreement, which will dramatically slow the pace of global greenhouse gas emissions.

The new agreement also establishes the principle that future national plans will be no less ambitious than existing ones, which means these 188 climate action plans provide a firm floor and foundation for higher ambition.

Countries will submit updated climate plans – called nationally determined contributions (NDCs) – every five years, thereby steadily increasing their ambition in the long-term.  

Climate action will also be taken forward in the period before 2020. Countries will continue to engage in a process on mitigation opportunities and will put added focus on adaptation opportunities. Additionally, they will work to define a clear roadmap on ratcheting up climate finance to USD 100 billion by 2020. This is further underlined by the agreement’s robust transparency and accounting system, which will provide clarity on countries’ implementation efforts, with flexibility for countries’ differing capabilities.

 

Agreement Strengthens Support to Developing Nations

The Paris Agreement underwrites adequate support to developing nations and establishes a global goal to significantly strengthen adaptation to climate change through support and international cooperation. The already broad and ambitious efforts of developing countries to build their own clean, climate-resilient futures will be supported by scaled-up finance from developed countries and voluntary contributions from other countries.

Governments decided that they will work to define a clear roadmap on ratcheting up climate finance to USD 100 billion by 2020 while also before 2025 setting a new goal on the provision of finance from the USD 100 billion floor. International cooperation on climate-safe technologies and building capacity in the developing world to address climate change are also significantly strengthened under the new agreement.

 

Signing the Paris Agreement

Following the adoption of the Paris Agreement by the COP (Conference of the Parties), it will be deposited at the UN in New York and be opened for one year for signature on 22 April 2016--Mother Earth Day. The agreement will enter into force after 55 countries that account for at least 55% of global emissions have deposited their instruments of ratification.

 

More Details on the Paris Agreement

All countries will submit adaptation communications, in which they may detail their adaptation priorities, support needs and plans. Developing countries will receive increased support for adaptation actions and the adequacy of this support will be assessed.

The existing Warsaw International Mechanism on Loss and Damage will be significantly strengthened.

The agreement includes a robust transparency framework for both action and support. The framework will provide clarity on countries’ mitigation and adaptation actions, as well as the provision of support. At the same time, it recognizes that Least Developed Countries and Small Island Developing States have special circumstances. 

The agreement includes a global stocktake starting in 2023 to assess the collective progress towards the goals of the agreement. The stocktake will be done every five years.

The agreement includes a compliance mechanism, overseen by a committee of experts that operates in a non-punitive way.

 

Celia Liagoura  

Jurist, PhD candidate 

Research Associate 

Prof. Elias Krispis Foundation for International Legal Studies

 

 

Source: UNFCCC, http://newsroom.unfccc.int/unfccc-newsroom/finale-cop21/

 

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