Governing Climate Change: General Principles and the Paris Agreement

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1 + Governing Climate Change: General Principles and the Paris Agreement Jolene Lin Associate Professor, NUS Law Director, Asia-Pacific Centre for Environmental Law (APCEL)

2 + Outline General Principles 1. Common Concern of Humankind 2. Common but differentiated responsibilities and respective capabilities 3. Equity The Paris Agreement (PA) 1. Objective 2. Key Provisions The Clean Development Mechanism (CDM)

3 + Common Concern of Humankind Framework for approaching global environmental concerns Need for international cooperation/collective action Related to, but distinct from, the principle of the common heritage of mankind Common heritage of mankind: generally applies to geographic areas or shared natural resources Common concern of humankind: generally applies to specific issues (eg: climate change, biological diversity)

4 + Common Concern of Humankind Preamble, Convention on Biological Diversity: Affirming that the conservation of biological diversity is a common concern of humankind. Preamble, United Nations Framework Convention on Climate Change: Acknowledging that change in the Earth's climate and its adverse effects are a common concern of humankind... Preamble, PA: Acknowledging that climate change is a common concern of humankind, Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity.

5 + Common but differentiated responsibilities and respective capabilities Core idea: Leadership from developed countries + differential treatment for developing countries is the fair and appropriate basis for structuring the international climate change legal regime Contestation: Nature and Extent of Differentiation Kyoto Protocol-style developed versus developing bifurcation rejected CBDRRC is operationalized differently in the Paris Agreement: 1. Additional phrase: in light of different national circumstances increases the range of factors that can serve as basis for differentiation 2. Each PA article takes a slightly different approach to differentiation 3. Core obligations for all parties

6 + Equity Often used interchangedly with CBDRRC Difference: Equity is a wider concept Includes arguments based on justice, fairness and redistribution Inter-generational equity Intra-generational equity Paris Agreement: first time human rights are recognized in a climate treaty

7 + Objective of the PA (Art. 2) Holding temperature increase to well below 2 C above pre-industrial levels, while making efforts to stay below 1.5 C Increasing the ability to adapt Transform finance flows towards low-ghg emissions and climate-resilient development

8 Key Provisions + Article 3 Mitigation (Art.4) Transparenc y (Art. 13) Capacity (Art. 11) All Parties to take and communicate ambitious efforts and demonstrate progression over time Adaptation (Art. 7) Finance (Art. 9) Technology (Art. 10)

9 Key Provisions + Article 4 (Mitigation) Opens with the long-term goal for mitigation: achieve the Article 2 temperature goal with net zero carbon emissions by 2050 Nationally determined contributions (NDCs) are central to the PA An NDC is a state s climate action plan Legal expectation that an NDC reflects a state s highest possible ambition and that the NDC will represent a progression over time All parties to submit NDCs every 5 years and to formulate long-term low GHG emission development strategies Relationship with the global stock take (Art 14)

10 Key Provisions + Article 7 (Adaptation) PA gives adaptation new level of prominence [G]lobal goal on adaptation : ensuring an adequate adaptation response in the context of the Art. 2 temperature goal Parties adaptation actions should be country-driven, genderresponsive, transparent, based and guided by best available science and traditional knowledge Arts. 7.2 and 7.4: Recognition of the relationship between mitigation and adaptation Adaptation communication, inclusion of adaptation actions in NDCs Global Stocktake shall recognize adaptation efforts and review adequacy of adaptation and support provided for adaptation

11 + Key Provisions Article 13 (Transparency) Purpose of the transparency framework for action: to build mutual trust and confidence, track progress towards achieving NDCs, and inform global stocktake Purpose of the transparency framework for support: track the amount of support provided and received; provide overview of aggregate financial support Each party shall provide national GHG emissions inventory report on regular basis (Art. 13(7)(a)) Each party shall provide information necessary to track progress in implementing and achieving NDC (Art. 13(7)(b)) Developed country parties shall provide information on financial, technology transfer and capacity-building support

12 + General Principles - Paris Agreement - Clean Development Mechanism Key Provisions Article 13 (Transparency) Differentiation: Support shall be provided to developing countries to implement this Article and for building transparency-related capacity Differentiation: transparency framework with built-in flexibility which takes into account Parties different capacities Detailed guidance ( common modalities, procedures and guidelines ) currently under development

13 + Kyoto Protocol s Clean Development Mechanism Carbon credits (CERs) Money Developing Country (Non- Annex I) Developed Country (Annex I; emissions reduction target)

14 + Article 6(4) of Paris Agreement Main idea: Country X hosts a mitigation activity that supports sustainable development and accrues carbon credits, which may be used by Country Y to achieve its NDC. Some differences between Art 6(4) mechanism and Kyoto Protocol s CDM: 1. Both developed and developing countries may host projects and use mitigation outcomes to achieve their NDCs 2. Art (4) provides for different levels of aggregation of activities (eg: individual projects grouped as a program; economic sectors)

15 + General Principles - Paris Agreement - Clean Development Mechanism Article 6(4)

16 + The End