Environmental Laws

Second year, Semester 4

UNF Convention on Climate Change (UNFCCC)

UNFCCC

The United Nations Framework Convention on Climate Change (UNFCCC) is an international treaty that came into force on March 21, 1994. It has been ratified by 197 countries, giving it nearly universal membership. The countries that have ratified the convention are known as the Conference of Parties (COP) to the UNFCCC. The COP26, was initially scheduled to take place in Glasgow, Scotland, in November 2020 but was postponed due to the COVID-19 pandemic. The rescheduled COP26 is likely to be held in November 2021, hosted in Glasgow by the UK in collaboration with Italy. The first Conference of the Parties (COP) was held in Berlin, Germany, in 1995In November 2022, the Government of the Arab Republic of Egypt will host the 27th Conference of the Parties of the UNFCCC (COP 27), with a view to building on previous successes and paving the way for future ambition to effectively tackle the global challenge of climate change. 28th COP was held at the end of 2023 in Dubai, United Arab Emirates. It included the firstB Global Stocktake, where States assessed the progress made towards the goals set in the Paris Agreement and charted a course of action. COP 29 will be held in Baku, Azerbaijan, in November 2024.

The first global conference on climate change was held in 1972 in Stockholm, Sweden. This conference initiated numerous global negotiations and international agreements concerning the environment, ultimately leading to the establishment of the United Nations Framework Convention on Climate Change (UNFCCC) in Rio de Janeiro, Brazil, in 1992. The treaty sets limits on greenhouse gas (GHG) emissions for countries; however, these limits are not binding and lack enforcement mechanisms. Nonetheless, the treaty includes provisions for updates or protocols that can impose legally binding emission limits on countries. The parties to the convention convene annually at the Conference of the Parties (COP) to assess progress under the convention.

Categories of Parties(Countries) associated with UNFCCC

Parties (countries) associated with the United Nations Framework Convention on Climate Change (UNFCCC) are categorized into several groups based on their historical responsibility for greenhouse gas emissions and their capacity to address climate change. These categories include:

  1. Annex I Parties: These are industrialised countries and economies in transition that were members of the Organisation for Economic Co-operation and Development (OECD) in 1992, plus countries with economies in transition. Annex I Parties have assumed primary responsibility for combating climate change and providing financial and technological assistance to developing countries. Examples include the United States, the European Union member states, Canada, Japan, and Russia.

  2. Annex II Parties: These are Annex I Parties that are also members of the OECD. Annex II Parties are required to provide financial assistance to developing countries for climate change mitigation and adaptation activities. They are considered the wealthier nations and are expected to assist developing countries financially, but they do not include countries with economies in transition.

  3. Non-Annex I Parties: These are developing countries that do not fall under Annex I or Annex II. They generally have lower historical emissions and limited financial resources to address climate change. Non-Annex I Parties are eligible to receive financial and technological support from Annex I and Annex II Parties to help them adapt to and mitigate climate change.

  4. Least Developed Countries (LDCs): This is a subgroup of Non-Annex I Parties that have been identified as the least developed in terms of their economic development, human development, and vulnerability to climate change impacts. LDCs receive special consideration and assistance under the UNFCCC due to their extreme vulnerability and limited capacity to address climate change.

  5. Small Island Developing States (SIDS): This is another subgroup of Non-Annex I Parties consisting of low-lying coastal countries and territories that are particularly vulnerable to sea-level rise, extreme weather events, and other climate change impacts. SIDS often face unique challenges in adapting to and mitigating climate change due to their small size, limited resources, and geographic location.

These categories help to differentiate the responsibilities and capabilities of countries in addressing climate change and guide international climate negotiations and cooperation efforts under the UNFCCC.


Category of PartiesMeaning
Annex I43 parties (countries) come under this country. The countries that come under this category are developed countries.
Annex II24 countries of Annex I also come under Annex II countries. The countries in this category are expected to provide technical and financial assistance to countries coming under the category of developing countries.
Annex BThe countries in this category are Annex I countries, who have first or second-round Kyoto greenhouse gas emissions targets.
Least Developed Countries(LDCs)47 Parties(Countries) come under the category of LDCs.
Non Annex IParties(countries) that are not listed in Annex I that come under the category of low income developing countries.


Objectives of the UNFCCC

The primary objective of the UNFCCC, as stated in Article 2 of the Convention, is to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic (human-induced) interference with the climate system. This level should be achieved within a time frame sufficient to:

  • Allow ecosystems to adapt naturally to climate change.
  • Ensure that food production is not threatened.
  • Enable economic development to proceed in a sustainable manner.

Structure of the UNFCCC

Conference of the Parties (COP)

The COP is the supreme decision-making body of the UNFCCC. It meets annually to assess progress in dealing with climate change and to adopt decisions and resolutions to further the implementation of the Convention. Here is a list of the Conference of the Parties (COP) under the United Nations Framework Convention on Climate Change (UNFCCC) along with their respective years and locations:

UNFCCC COPsYearLocation
UNFCCC COP 11995Berlin, Germany
UNFCCC COP 21996Geneva, Switzerland
UNFCCC COP 31997Kyoto, Japan (Adoption of the Kyoto Protocol)
UNFCCC COP 41998Buenos Aires, Argentina
UNFCCC COP 5
1999Bonn, Germany
UNFCCC COP 6
2000The Hague, Netherlands (Partially held, later continued in Bonn)
UNFCCC COP 6bis
2001Bonn, Germany
UNFCCC COP 7
2001Marrakech, Morocco (Adoption of the Marrakech Accords)
UNFCCC COP 8
2002 New Delhi, India
UNFCCC COP 9
2003Milan, Italy
UNFCCC COP 10
2004Buenos Aires, Argentina
UNFCCC COP 11
2005Montreal, Canada (Adoption of the Montreal Action Plan)
UNFCCC COP 12
2006Nairobi, Kenya
UNFCCC COP 13
2007Bali, Indonesia (Adoption of the Bali Road Map)
UNFCCC COP 14
2008Poznań, Poland
UNFCCC COP 15
2009Copenhagen, Denmark (Adoption of the Copenhagen Accord)
UNFCCC COP 16
2010Cancún, Mexico (Adoption of the Cancún Agreements)
UNFCCC COP 17
2011Durban, South Africa (Adoption of the Durban Platform)
UNFCCC COP 18
2012Doha, Qatar (Adoption of the Doha Amendment to the Kyoto Protocol)
UNFCCC COP 19
2013Warsaw, Poland (Adoption of the Warsaw International Mechanism for Loss and Damage)
UNFCCC COP 20
2014Lima, Peru (Adoption of the Lima Call for Climate Action)
UNFCCC COP 21
2015Paris, France (Adoption of the Paris Agreement)
UNFCCC COP 22
2016Marrakech, Morocco (First COP after the Paris Agreement)
UNFCCC COP 23
2017Bonn, Germany (Presidency held by Fiji)
UNFCCC COP 24
2018Katowice, Poland (Adoption of the Katowice Climate Package)
UNFCCC COP 25
2019Madrid, Spain (Originally scheduled in Santiago, Chile)
UNFCCC COP 26
2021Glasgow, United Kingdom (Originally scheduled in 2020, postponed due to COVID-19)
UNFCCC COP 27
2022 Arab Republic of Egypt
UNFCCC COP 28
2023Dubai, United Arab Emirates

Subsidiary Bodies

The Convention has two permanent subsidiary bodies:

  • Subsidiary Body for Scientific and Technological Advice (SBSTA): Provides the COP with information and advice on scientific and technological matters.
  • Subsidiary Body for Implementation (SBI): Assists the COP in assessing and reviewing the implementation of the Convention.

Secretariat

The UNFCCC Secretariat, based in Bonn, Germany, supports the COP, SBSTA, and SBI. It organizes meetings, compiles and disseminates data, and facilitates the provision of technical and financial assistance to Parties.

Key Provisions of the UNFCCC

National Communications

Parties to the Convention are required to submit national communications that include information on their greenhouse gas emissions, steps taken to implement the Convention, and other relevant data.

Common but Differentiated Responsibilities (CBDR)

The UNFCCC acknowledges that all countries share the responsibility to address climate change, but it recognizes that developed countries (Annex I Parties) have historically contributed more to the problem and thus have greater responsibilities and capabilities to address it.

Financial Mechanisms

The Convention established financial mechanisms to provide financial resources to developing countries to help them mitigate and adapt to climate change. The Global Environment Facility (GEF) serves as the interim operating entity of the financial mechanism.

Technology Transfer

The UNFCCC promotes the development and transfer of environmentally sound technologies to developing countries to enable them to mitigate and adapt to climate change.

Major Developments under the UNFCCC

Kyoto Protocol (1997)

The Kyoto Protocol was adopted at COP3 in 1997 and entered into force in 2005. It committed developed countries to legally binding greenhouse gas emission reduction targets. The first commitment period was from 2008 to 2012, and the second commitment period (Doha Amendment) was from 2013 to 2020.

Paris Agreement (2015)

The Paris Agreement was adopted at COP21 in 2015 and entered into force in 2016. Unlike the Kyoto Protocol, the Paris Agreement involves commitments from all countries. Key elements include:

  • Nationally Determined Contributions (NDCs): Each country must outline and communicate their efforts to reduce emissions and adapt to climate change.
  • Global Stocktake: Every five years, a global stocktake assesses collective progress towards achieving the long-term goals of the Agreement.
  • Climate Finance: Developed countries are expected to provide financial resources to help developing countries mitigate and adapt to climate change, aiming to mobilize $100 billion per year by 2020 and extend through 2025.

Implementation and Challenges

Adaptation and Mitigation

Parties are encouraged to implement both mitigation measures (reducing or preventing greenhouse gas emissions) and adaptation measures (adjusting to actual or expected climate impacts).

Loss and Damage

The issue of loss and damage associated with the impacts of climate change, particularly in vulnerable developing countries, has gained prominence. The Warsaw International Mechanism for Loss and Damage was established at COP19 in 2013 to address these issues.

Climate Finance and Technology Transfer

Securing adequate and predictable financial resources and facilitating technology transfer remain critical challenges. The Green Climate Fund (GCF) was established to support the efforts of developing countries to respond to climate change.

Global Cooperation and National Action

Achieving the goals of the UNFCCC requires robust global cooperation and strong national action. Countries must enhance their climate actions and ambition over time, guided by scientific evidence and the principles of equity and CBDR.

The UNFCCC provides a comprehensive framework for international cooperation to address climate change. Through its provisions, mechanisms, and subsequent agreements like the Kyoto Protocol and the Paris Agreement, the Convention seeks to mobilize global efforts to reduce greenhouse gas emissions, promote adaptation, and support sustainable development. Continuous engagement, ambition, and cooperation among all nations are essential to achieving the long-term objectives of the UNFCCC and mitigating the impacts of climate change.


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Reporting: UNF Convention on Climate Change (UNFCCC) (topic)

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