Law and You > Environmental Laws > United Nations Framework Convention on Climate Change (UNFCCC)

The United Nations Framework Convention on Climate Change (UNFCCC) is a landmark international environmental treaty aimed at addressing the global issue of climate change. It was adopted on May 9, 1992, during the Earth Summit in Rio de Janeiro, and entered into force on March 21, 1994. The primary goal of the UNFCCC is to stabilize greenhouse gas concentrations in the atmosphere to prevent dangerous anthropogenic (human-induced) interference with the climate system. In this article, let us discuss provisions of United Nations Framework Convention on Climate Change.

Key Objectives of the UNFCCC:

The overarching objective of the UNFCCC is to stabilize greenhouse gas concentrations “at a level that would prevent dangerous anthropogenic interference with the climate system.” To achieve this, the Convention has several specific aims:

• Avoid Dangerous Climate Change: The ultimate goal is to prevent dangerous levels of global warming and climate disruption.
• Limit Global Temperature Rise: Although not specified in the original UNFCCC text, the goal has since evolved to include limiting global temperature rise to well below 2°C and pursuing efforts to limit the temperature increase to 1.5°C (as outlined in the Paris Agreement of 2015).
• Promote Sustainable Development: The Convention encourages countries to reduce greenhouse gas emissions while promoting sustainable economic growth and development.

Key Principles of the UNFCCC:

• Common but Differentiated Responsibilities (CBDR): The principle of CBDR is a cornerstone of the UNFCCC. It recognizes that while climate change is a global problem, countries have differing levels of responsibility and capability based on their historical emissions and levels of development. Developed countries, having contributed the most to greenhouse gas emissions historically, bear greater responsibility for reducing emissions and supporting developing countries in their climate efforts.
• Precautionary Principle: This principle encourages countries to take precautionary measures to prevent or minimize the causes of climate change and mitigate its adverse effects, even in the absence of full scientific certainty.
• Right to Sustainable Development: The Convention emphasizes the right of all countries, especially developing ones, to pursue sustainable development. Efforts to combat climate change should not hinder the right to economic growth and development in poorer countries.
• Equity: Equity in the distribution of responsibilities and benefits of climate action is fundamental. This principle underlines the need for fairness in how the burdens and benefits of climate change mitigation and adaptation are shared between developed and developing countries.

Institutional Structure of the UNFCCC:

• Conference of the Parties (COP): The COP is the supreme decision-making body of the UNFCCC. It consists of all the countries that are parties to the Convention (currently 198 parties). The COP meets annually to review the implementation of the Convention, assess progress in addressing climate change, and negotiate further agreements and measures to strengthen global climate action. Key COP meetings include COP21 in 2015 (which led to the adoption of the Paris Agreement) and COP26 in 2021 (which focused on strengthening commitments to keep global warming within 1.5°C).
• Subsidiary Bodies: The Convention has established two permanent subsidiary bodies to assist with the implementation of the Convention:
  1. Subsidiary Body for Scientific and Technological Advice (SBSTA): Provides the COP with advice on scientific, technical, and methodological matters related to climate change.
  2. Subsidiary Body for Implementation (SBI): Helps assess and review the implementation of the Convention and its protocols.
• Secretariat: The UNFCCC Secretariat is based in Bonn, Germany. It supports all aspects of the Convention’s work, including organizing COP meetings, facilitating negotiations, and helping countries with reporting obligations.

Key Provisions of the UNFCCC

• Commitments for Developed and Developing Countries: Under the principle of CBDR, developed countries (referred to as Annex I countries) have a greater responsibility for reducing emissions. They must report on their emissions regularly, take the lead in mitigating climate change, and provide financial and technological support to developing countries. Non-Annex I countries (mostly developing countries) do not have legally binding emission reduction commitments but are encouraged to pursue sustainable development strategies and take voluntary actions to address climate change.
• National Communications and Greenhouse Gas Inventories: All countries are required to submit national communications detailing their efforts to address climate change, including emissions data and policies aimed at reducing greenhouse gas emissions.Developed countries, in particular, are required to submit annual greenhouse gas inventories.
• Financial and Technological Support: The UNFCCC acknowledges that developing countries will need financial resources and technology to cope with climate change and pursue low-carbon development. Developed countries are required to provide financial assistance to support climate action in developing nations. This has led to the creation of mechanisms like the Green Climate Fund (GCF).
• Adaptation: In addition to mitigation (reducing emissions), the UNFCCC emphasizes the importance of adaptation to the adverse impacts of climate change, especially for the most vulnerable countries. This includes measures to reduce vulnerability and enhance resilience to climate impacts.

Kyoto Protocol and the UNFCCC:

The Kyoto Protocol, adopted in 1997 under the UNFCCC, was the first legally binding international agreement to address climate change. It required developed countries to meet specific targets for reducing greenhouse gas emissions.

• The Protocol is legally binding for the countries that ratified it, with emission reduction targets for developed nations.
• The Kyoto Protocol also introduced market-based mechanisms like emissions trading, the Clean Development Mechanism (CDM), and Joint Implementation (JI) to help countries meet their targets cost-effectively.

Paris Agreement and the UNFCCC:

The Paris Agreement was adopted at COP21 in 2015 under the UNFCCC. Unlike the Kyoto Protocol, which imposed binding emission reduction targets only on developed nations, the Paris Agreement is universal and applies to all countries. It represents a significant evolution of the global climate regime, with its key provisions including:

• Nationally Determined Contributions (NDCs): Each country is required to submit its own climate action plan, known as a Nationally Determined Contribution (NDC), outlining its goals for reducing emissions and adapting to climate impacts. The NDCs are not legally binding, but countries are required to regularly update them every five years, with the expectation that they will become more ambitious over time.
• Global Temperature Goal: The Agreement aims to limit global warming to well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C.

• Financial Commitments: Developed countries are expected to provide financial support to developing nations, with a commitment to mobilize $100 billion annually by 2020 to assist in climate mitigation and adaptation efforts.
• Long-Term Goals for Emission Reduction: The Paris Agreement sets the long-term goal of achieving net-zero emissions by the second half of this century (2050). This means that any remaining greenhouse gas emissions should be balanced by efforts to remove carbon from the atmosphere (such as through reforestation or carbon capture technologies).
• Global Stocktake: Every five years, there will be a global stocktake to assess collective progress toward meeting the goals of the Paris Agreement. This stocktake will inform future actions and encourage countries to increase the ambition of their NDCs.

Achievements of the UNFCCC:

• Global Climate Cooperation: The UNFCCC has successfully brought nearly every country in the world together to address climate change. It has created a platform for international cooperation and negotiation, enabling global climate treaties like the Kyoto Protocol and the Paris Agreement.
• Creation of Climate Finance Mechanisms: Through the UNFCCC, important financial mechanisms, like the Green Climate Fund (GCF), have been established to help developing countries finance climate action.
• Enhanced Climate Science and Reporting: The UNFCCC has improved the understanding of climate science and data collection through its requirement for countries to submit national greenhouse gas inventories and national communications.
• Catalyzing Climate Action: The UNFCCC has catalyzed global action on climate change by encouraging national policies and measures, increasing awareness of climate risks, and promoting renewable energy and sustainable practices.

Challenges Facing the UNFCCC:

• Global Emissions Continue to Rise: Despite the efforts under the UNFCCC, global greenhouse gas emissions have continued to rise, and the world is not yet on track to meet the 2°C or 1.5°C goals of the Paris Agreement.
• Inadequate Financial Support: Developing countries argue that financial and technological support from developed nations has been insufficient to help them cope with the impacts of climate change and transition to low-carbon economies.
• Ambition Gap: Many countries’ NDCs under the Paris Agreement are not ambitious enough to meet the temperature goals. The ambition gap between current climate pledges and the actions needed to prevent dangerous climate change remains a major challenge.
• Climate Justice: Issues of climate justice remain central to the UNFCCC negotiations. Vulnerable nations, especially small island states and least-developed countries, have been disproportionately impacted by climate change, yet they have contributed the least to global emissions.

Conclusion:

The United Nations Framework Convention on Climate Change (UNFCCC) is a crucial framework for global efforts to address climate change. It has facilitated international cooperation, fostered the creation of climate agreements like the Kyoto Protocol and the Paris Agreement, and raised awareness of the global climate crisis. While significant challenges remain, the UNFCCC continues to play a central role in shaping global climate policy and driving collective action to limit the impacts of climate change.

Related Topics:

• Stockholm Declaration
• Rio Declaration
• Vienna Convention and Montreal Protocol
• Basel Convention (Trans-Boundary Hazardous Substances)
• Kyoto Protocol
• Doha Amendment
• Paris Climate Agreement
• Convention on Biological Diversity
• Cartagena Protocol on Biosafety
• Nagoya Protocol on Access to Genetic Resources

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