The Climate Change Regime

Transcription

1 The Climate Change Regime London, UK October 2015 Marianna Bolshakova Legal Officer, Legal Affairs Programme

2 Overview Overview of the Climate Change Regime 1. The Climate Change Regime: a) Milestones b) Reviewing the basics 2. Fundamental principles & characteristics

3 1. The Climate Change Regime: Milestones C 1990 UNGA Resolution 45/212 Negotiating mandate and establishment of INC 1992 Rio Earth Summit: Adoption of the UNFCCC in NY, opened for signature in Rio 1994 Convention entry into force 1995 COP 1: The Berlin Mandate 1997 COP 3: Adoption of the Kyoto Protocol 2001 COP 7: The Marrakesh Accords 2005 Kyoto Protocol entry into force 2005 CMP 1: Launch of negotiations for CP2 under the KP 2007 COP 13: Launch of negotiations on long-term co-operative action 2009 COP 15: The Copenhagen Accord 2011 COP 17: Launch of negotiations under the Durban Platform for Enhanced Action (ADP) 2012 CMP 8: The Doha Amendment to the Kyoto Protocol 2015 COP 21: New Climate Change Agreement?

4 1. The Climate Change Regime: Reviewing the Basics Currently has 196 Parties near universal participation Framework legal instrument: foundation of global efforts to combat climate change Ultimate objective of the Convention (Art. 2): to achieve stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system

5 1. The Climate Change Regime: Reviewing the Basics Mitigation of Climate Change Limiting/Reducing GHG emissions; Preserving/Enhancing Sinks and Reservoirs. Adaptation to impacts of Climate Change

6 Characteristics of the Legal Regime UNFCCC - a framework legal instrument: Objectives, principles, general obligations, and institutional framework. Adoption of more detailed legal instruments: protocols and other legal instruments

7 Fundamental Principles Common but differentiated responsibilities and respective capabilities: Preamble - Global nature of problem; - Widest possible co-operation and participation in effective and appropriate international response; - In accordance with their CBDR & RC; Article 3 - Parties to protect climate system on the basis of equity and in accordance with their CBDR & RC; - Developed countries should take the lead.

8 Precautionary Principle: Article 3 o Parties to take precautionary measures; o Scientific uncertainty - no justification. Right to sustainable development: Article 3: o Specificity of PAMs to conditions of each Party; o Integrated into national development plans and programs; o Economic development essential for adopting PAMS on climate change.

9 Intra-generational equity: specific needs and special circumstances of developing countries Article 3 - to be taken into consideration Article Economic and social development and poverty eradication are the first and overriding priorities of developing countries. Article Developed countries to provide financial resources to enable developing countries implement their commitments.

10 Supportive and open economic system Article 3: o o Co-operate to promote system that leads to growth and development in all Parties; Climate change measures should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade.

11 Binary system of commitments: Annex I/Non-Annex I dichotomy o Annex I Parties industrialized countries, members of OECD in EITs o Annex II Parties OECD members but not EITs o Non-Annex I Parties developing countries. Developing and developed countries - no agreed list of developing countries;

12 Article Developed countries to assist developing countries to meet the costs of adaptation to climate change Article Developed countries to promote, finance and facilitate technology transfer. Article extent of implementation by developing countries dependent on implementation of financial and technology transfer obligations of developed countries.

13 Commitments: Commitments of all Parties (Art. 4.1); o Develop national inventories of GHG emissions by sources and removals by sinks o Formulate & implement measures to mitigate and adapt to climate change.

14 Commitments of Developed Country Parties (Art. 4.2 (a) and (b)): o Adopt national PAMs to limit GHG emissions; o Demonstrate that developed countries are taking the lead; o Aspirational goal of returning GHG emissions to 1990 levels individually or jointly.

15 Berlin mandate and the KP framework: Article 4.2 (d) mandated COP to review adequacy of Articles 4.2 (a) and (b) at its first session; Established a process to enable the COP to take appropriate action for the period beyond 2000, including strengthening of commitments of Annex I Parties ;

16 Process to set QELROs within specified timeframes; Process to introduce no new commitments for NAIPs but re-affirm Article 4.1 commitments; Kyoto Protocol adopted in 1997 and entered into force in 2005: o Established QELROs for AIPs; o Currently has 192 Parties; o USA did not become a Party; o Canada withdrew on 15 December 2012.

17 Coverage of the KP CP1: 37 industrialized countries and EU: o o At time of entry into force covered 60% of global emissions; In 2012, CP1 accounted for 25% of global emissions.

18 Commitments: KP based on a system of QELRC for AIPs and successive commitment periods: o Individual targets in Annex B; o CP1: ; o CP2: Accounting, Reporting and Review detailed rules Compliance measures: facilitation and enforcement: Suspension from trade; Plan to bring back compliance; Deductions from subsequent CP carbon budget.

19 Flexible mechanisms Provide flexibility & cost-effectiveness in meeting commitments; Supplemental to domestic action: o CDM (Art. 12) o JI (Art. 6); o ET (Art. 17).

20 CP2: 37 industrialized countries and EU MINUS Canada, Japan, New Zealand and Russian Federation: estimated that CP2 covers about 15% of global emissions; since 2003, emissions in China have doubled & in India increased by 60%. Global ranking: China, USA, EU-27, India, Russian Federation. Japan accounts for 4% of global emissions, Russian Federation for 6% and EU for 11 % Ratification of the Doha Amendment 50, EU28. Ratifications needed from Dg countries!

21 The Cancun Agreements (1/CP.16): Strengthening of mitigation action Established a long-term goal of holding global temperature increase to below 2 C, above preindustrial levels. Concluded that deep cuts in GHG emissions required to achieve this long-term goal. AIPs communicated quantified economy-wide emission reduction targets COP took note (FCCC/SB/2011/INF1/Rev.1)

22 Dd countries should develop low-carbon development strategies or plans. Dg countries to take NAMAs, supported & enabled by technology, finance &CB, aimed at deviation in emissions relative to BAU emissions in NAIPs communicated NAMAs COP took note. Registry of NAMAs & support available from developed countries. Dg countries encouraged to develop low-carbon development strategies or plans in the context of SD.

23 The Transparency & Accountability Framework (Art. 12): All Parties to provide following elements of information through NCs: o A national inventory of emissions by sources & removals by sinks of GHGs o A general description of steps taken or envisaged by the Party to implement the Convention.

24 Dd country Parties to provide: o A detailed description of PAMs that it has adopted. o A specific estimate of effects that the PAMs will have on GHG emissions. o Details of measures taken to implement obligations relating to finance & technology transfer. o Full NCs every 4 years (2/CP.17) last submission 1 Jan. 2014

25 Subsequent COP decisions have elaborated on the transparency & accountability framework: Decision 24/CP.19: AIP inventories of GHGs o Info on carbon dioxide (CO 2 ), methane (CH 4 ), nitrous oxide (N 2 O), PFCs, HFCs, sulphur hexafluoride (SF 6 )& nitrogen trifluoride (NF 3 ) o Removals to be presented on a gas by gas basis o Annex III contains the list of gases and their GWPs

26 Decision 1/CP.16: The Cancun Agreements o Dd countries to submit: annual GHG inventories & biennal reports on progress in achieving emission reductions suplementary info on the achievement of quantified economy-wide emission reductions information on the provision of financial, technology & CB support to Dg countries. o Established a process for IAR of emissions & removals related to quantified economy-wide targets under the SBI Promote comparability of efforts among Dd countries Consists of technical review & multilateral asssessment of implementation of QELROs IAR every 2 years.

27 o Dg countries to submit: Biennal update reports on national GHG inventories, info. on mitigation actions, needs & support received. o Established a process for ICA of biennial update reports under the SBI: Non-intrusive, non-punitive, & respectful of national sovereignty; Aim to increase transparency of mitigation actions & their effects; Analysis by technical experts in consultation with the Party concerned & through a facilitative sharing of views; Summary report by SBI.

28 Financial Mechanism (Art. 11) Provision of financial resources to developing countries, including for technology transfer; Operating entities of the FM: - GCF - GEF.

29 Questions?