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WK9 - Savaresi - Paris

Overview of the Paris Agreement

  • Author: Annalisa Savaresi

  • Published in: Journal of Energy & Natural Resources Law

  • Purpose: Analyze the Paris Climate Change Conference and its significance in climate governance.

Historical Context

  • Climate negotiations began with the 1992 UNFCCC aimed at stabilizing greenhouse gas concentrations.

  • IPCC recommends keeping global temperature increase below 2°C.

  • Main previous instrument: Kyoto Protocol, which set binding targets only for developed countries.

  • Emerging economies have increased emissions, prompting a need for broader commitments.

Transition from Kyoto to Paris

  • Kyoto Protocol's effectiveness waned; negotiations for new commitments led to challenges post-2009 Copenhagen Conference.

  • The goal for Paris was to create a new legal framework involving all Parties, effective from 2020.

Negotiation Dynamics

  • Prior to Paris, negotiations were characterized by low progress and high tensions among Parties due to differing national capacities and responsibilities.

  • The need for a new structure became evident, allowing for differentiated responsibilities and nationally determined contributions (NDCs).

The Paris Agreement

  • Formally adopted on December 12, 2015, marking a collaborative diplomatic achievement.

  • Core components include:

    • Binding commitments for climate action from all Parties.

    • Acknowledgment of the need for immediate global greenhouse gas emissions peak.

    • Targeting temperature increases to well below 2°C, aiming for efforts to limit to 1.5°C.

  • Operative sections include mitigation, adaptation, and implementation measures.

Legal Framework

  • The Agreement is binding but nuanced in its obligations, allowing discretion for implementation.

  • Legal status as a protocol remains debated; it integrates prior UNFCCC elements for coherence.

Innovation in Climate Governance

  • Introduces a new architecture for transparent reporting of NDCs and a five-year review cycle to assess and adjust pledges.

  • Response to the inadequacy of previous agreements by establishing mechanisms for ratcheting-up ambition over time.

Differentiation and Equity

  • The Paris Agreement dismantles the static differentiation approach, requiring all Parties to contribute based on their capabilities.

  • It maintains a focus on developed countries taking the lead, while also encouraging developing nations towards emission reductions.

Climate Justice and Human Rights

  • The preamble addresses climate justice, acknowledging the impact of climate change on human rights.

  • Terms regarding loss and damage are included, though without assigning liability or compensation.

Future Implications

  • Opening for signature on April 22, 2016; marked as a milestone for international climate cooperation.

  • Questions remain regarding the Kyoto Protocol's future and the operational rules for market-based approaches under the Paris framework.

  • The Paris Agreement represents a crucial step forward, but significant work remains for effective implementation.