From KYOTO to Paris

Climate Change and Sustainability:

UN Action
UN Conference on the Human Environment:
• Stockholm, June, 1972; 113 countries
• First major environmental conference
• Agreed to 26 principles on development and environment
• Focus on Chlorinated Fluorocarbon Compounds, ozone
depletion
• Created UN Environmental Program
Climate Change and Sustainability:

Montreal Protocol
• Montreal Protocol on Substances that Deplete the Ozone Layer,
Montreal
Canada, Sept., 1987, into force 1989;
• Stratospheric ozone, not tropospheric ozone;
• Curb use of chlorinated and brominated fluorocarbon molecules;
• Used in air conditioning and aerosol cans; schedules for gradual
phase
out of specific compounds, with all terminated by 2030;
• Ozone layer rebuilding, recovery by 2050.
 Climate Change and Sustainability:

Protocol to the International Framework Convention on

Climate Change, Kyoto, Japan, December 1997
• Objective was reducing greenhouse gases to prevent
climate change
• Enter into force, Feb. 16, 2005
• 182 parties have ratified
– 36 Developed countries
– 136 Developing countries
• US has not ratified
 Convention on Biological Diversity

• Adopted from Earth Summit in Rio, 1993

• In force, Dec., 1993
• Emphasis on conservation of biodiversity
• Promote sustainable use of biological resources
• Promote equitable sharing of genetic resources
• Developed Biosafety Protocol
• Recommended global strategy for plant conservation
• US did not ratify
 Climate Change and Sustainability:

Earth Summit #1
• Rio de Janeiro, Brazil, June, 1992
• Focus on toxicology, lead in gasoline
• Begin discussion of fossil fuels and climate change
• Plan Climate Change Convention = Kyoto Protocol
• Plan Convention on Biological Diversity
• Consider mass transit, water conflict issues
• Rio Declaration on Environment and Development
• The Result of Summit-Agenda 21
•Agenda 21 was drafted-a comprehensive
Blue print for Global actions for Sustainable
Development
•A voluntary action plan

RTI, MUMBAI / DAY 1 / Slide 1.4.1

International law on climate change

Paris
Agreement,
Kyoto 2015
Protocol, 1997

UN Framework
International cooperation and
Convention on
coordination to address
Climate the climate change
Change, 1992
Article 48-A
• deals with the Protection and Improvement of Environment and
Safeguarding of Forests and Wildlife –
• The State shall endeavour to protect and
improve the environment and to safeguard the
forests and wildlife of the country.
Under Article 51-A(g)
• Under Article 51-A(g) provides the Fundamental Duties with respect to the
environment which includes –

•To protect and improve the natural

environment including forests,
lakes, rivers and wildlife and to
have compassion for living
creatures.
• To tackle climate change and its negative impacts, world
leaders at the UN Climate Change Conference (COP21) in
Paris reached a breakthrough on 12 December 2015: the
historic Paris Agreement.
The Agreement sets long-term goals to guide all
nations to:

• substantially reduce global greenhouse gas emissions to hold global

temperature increase to well below 2°C above pre-industrial levels and
pursue efforts to limit it to 1.5°C above pre-industrial levels,
recognizing that this would significantly reduce the risks and impacts of
climate change
• periodically assess the collective progress towards achieving the
purpose of this agreement and its long-term goals
• provide financing to developing countries to mitigate climate change,
strengthen resilience and enhance abilities to adapt to climate
impacts.
• Agreement is a legally binding international treaty.
• It entered into force on 4 November 2016.
• 195 Parties (194 States plus the European Union) have joined the
Paris Agreement.

•
• The Agreement includes commitments from all countries to reduce
their emissions and work together to adapt to the impacts of climate
change, and calls on countries to strengthen their commitments over
time.
• The Agreement provides a pathway for developed nations to assist
developing nations in their climate mitigation and adaptation efforts
while creating a framework for the transparent monitoring and
reporting of countries’ climate goals.
• It marks the beginning of a shift towards a net-zero emissions world.
• Implementation of the Agreement is also essential for the achievement
of the Sustainable Development Goals.
• MITIGATION
• ADAPTATION INDC

• RESILIENCE
Connotations
Used

Relative Absolute Emission

Strategic Policy
Emission Emission Intensity Miscelleneous
Oriented
Reduction Targets Reduction
key aspects
Long-term temperature goal –
• The Paris Agreement, in seeking to strengthen the global response
to climate change, reaffirms the goal of limiting global
temperature increase to well below 2 degrees Celsius, while
pursuing efforts to limit the increase to 1.5 degrees.
Global peaking and 'climate neutrality

• –To achieve this temperature goal, Parties aim to reach global

peaking of greenhouse gas emissions (GHGs) as soon as possible,
recognizing peaking will take longer for developing country Parties,
so as to achieve a balance between anthropogenic emissions by
sources and removals by sinks of GHGs in the second half of the
century.
Mitigation–
• The Paris Agreement establishes binding commitments by all
Parties to prepare, communicate and maintain a nationally
determined contribution (NDC) and to pursue domestic measures
to achieve them. It also prescribes that Parties shall communicate
their NDCs every 5 years and provide information necessary for
clarity and transparency
• . Developed countries should continue to take the lead by
undertaking absolute economy-wide reduction targets, while
developing countries should continue enhancing their mitigation
efforts, and are encouraged to move toward economy-wide
targets over time in the light of different national circumstances.
Sinks and reservoirs–
• The Paris Agreement also encourages Parties to conserve and
enhance, as appropriate, sinks and reservoirs of GHGs as referred
to in Article 4, paragraph 1(d) of the Convention, including forests.
•
Voluntary cooperation/Market- and non-
market-based approaches
• – The Paris Agreement recognizes the possibility of
voluntary cooperation among Parties to allow for higher
ambition and sets out principles – including environmental
integrity, transparency and robust accounting – for any
cooperation that involves internationally transferal of
mitigation outcomes. It establishes a mechanism to
contribute to the mitigation of GHG emissions and support
sustainable development, and defines a framework for
non-market approaches to sustainable development.
Adaptation

• The Paris Agreement establishes a global goal on adaptation – of

enhancing adaptive capacity, strengthening resilience and
reducing vulnerability to climate change in the context of the
temperature goal of the Agreement. It aims to significantly
strengthen national adaptation efforts, including through
support and international cooperation. It recognizes that
adaptation is a global challenge faced by all. All Parties should
engage in adaptation, including by formulating and
implementing National Adaptation Plans, and should submit
and periodically update an adaptation communication
describing their priorities, needs, plans and actions. The
adaptation efforts of developing countries should be recognized
Loss and damage

• The Paris Agreement recognizes the importance of averting,

minimizing and addressing loss and damage associated
with the adverse effects of climate change, including
extreme weather events and slow onset events, and the role
of sustainable development in reducing the risk of loss and
damage. Parties are to enhance understanding, action and
support, including through the Warsaw International
Mechanism, on a cooperative and facilitative basis with
respect to loss and damage associated with the adverse
effects of climate change.
Finance, technology and capacity-
building support
• The Paris Agreement reaffirms the obligations of developed
countries to support the efforts of developing country
Parties to build clean, climate-resilient futures, while for
the first time encouraging voluntary contributions by other
Parties. Provision of resources should also aim to achieve a
balance between adaptation and mitigation. In addition to
reporting on finance already provided, developed country
Parties commit to submit indicative information on future
support every two years, including projected levels of public
finance.
• The agreement also provides that the Financial Mechanism of the
Convention, including the Green Climate Fund (GCF), shall serve
the Agreement. International cooperation on climate-safe
technology development and transfer and building capacity in the
developing world are also strengthened: a technology framework
is established under the Agreement and capacity-building
activities will be strengthened through, inter alia, enhanced
support for capacity building actions in developing country Parties
and appropriate institutional arrangements. Climate change
education, training as well as public awareness, participation and
access to information (Art 12) is also to be enhanced under the
Agreement.
• Climate change education, training, public awareness, public
participation and public access to information
Transparency implementation and
compliance
• The Paris Agreement relies on a robust transparency and
accounting system to provide clarity on action and support by
Parties, with flexibility for their differing capabilities of Parties. In
addition to reporting information on mitigation, adaptation and
support, the Agreement requires that the information submitted
by each Party undergoes international technical expert review. The
Agreement also includes a mechanism that will facilitate
implementation and promote compliance in a non-adversarial
and non-punitive manner, and will report annually to the CMA.
Global Stocktake
• A “global stocktake”, to take place in 2023 and every 5 years
thereafter, will assess collective progress toward achieving the
purpose of the Agreement in a comprehensive and facilitative
manner. It will be based on the best available science and its long-
term global goal. Its outcome will inform Parties in updating and
enhancing their actions and support and enhancing international
cooperation on climate action.
Decision
• also sets out a number of measures to enhance action prior to 2020,
including strengthening the technical examination process, enhancement
of provision of urgent finance, technology and support and measures to
strengthen high-level engagement. For 2018 a facilitative dialogue is
envisaged to take stock of collective progress towards the long-term
emission reduction goal of Art 4.
• welcomes the efforts of all non-Party stakeholders to address and respond
to climate change, including those of civil society, the private sector,
financial institutions, cities and other subnational authorities. These
stakeholders are invited to scale up their efforts and showcase them via the
Non-State Actor Zone for Climate Action platform
([Link]
• Parties also recognized the need to strengthen the knowledge,
technologies, practices and efforts of local communities and indigenous
peoples, as well as the important role of providing incentives through tools
such as domestic policies and carbon pricing.
Kyoto Protocol versus Paris Agreement
• 1. Kyoto protocol is legally binding, whereas Paris agreement is
not enforcing lawfully. It is a voluntary initiative towards mitigation
commitments; however, regular review and submission of INDC is
binding. Paris agreement is the more ambitious, dynamic, and
flexible mechanism.
• 2. Kyoto is a top-down approach, and the Paris agreement is a
bottom-up approach. Paris Agreement contrasts the bottom-up,
self-differentiated approach to a more differentiated top-down
strategy.
• 3. Path to reduce global warming: The goal of the Kyoto Protocol was to
minimize GHG emissions, while that of the Paris Agreement is to limit the
increase in temperature to 20C from pre-industrial levels.
• 4. Target: For the Paris agreement, countries submit their National
Determined contributions, which will showcase their target. Targets are to be
reviewed every 5 years to check the collective progress in implementing the
Paris agreement. This was not present in the Kyoto protocol.
• 5. Enforcement: Kyoto Protocol forced the objectives on Annex-I countries,
while the Paris Agreement aims to achieve collaboration and individual
responsibility to meet the goal.
• 6. Responsibility: Kyoto protocol rested on the principle of Common But
Differentiated Responsibilities (CBDR) with the onus on developed countries.
While the CBDR issue is still relevant after the Paris agreement, developing
countries also have to try their best for mitigation & adaptation.
• 7. Climate Finance: Carbon credit markets were one concept that
was developed after Kyoto Protocol. The Paris agreement paves the
way for a green climate fund where developed countries will mobilize
finance. These countries are obliged to create a 'Green Climate Fund'
of about $100 billion to help developing countries achieve their goals
(Kemp 2017).
• 8. Enforcement: There is no punishment for any country if they fail to
meet their targets under both the agreements, apart from the carbon
credit mechanism.
• 9. Technology: There was little emphasis on technology transfer and
international collaboration in R&D in Kyoto Protocol, while the Paris
Agreement mentions the interplay and handholding of technology
between nations.
• 10. International Collaboration: It thrusts on cross-country
collaborations, partnerships, and stakeholder engagements to
innovate, capacity building, knowledge sharing, and technology
transfer.
• In 2023, the first “global stocktake” will assess progress on Paris Agreement
goals and chart a way forward. This process, to be concluded at COP28, will
further encourage countries to take ambitious climate actions that keep
warming below 1.5 degrees Celsius.

• To better frame the efforts towards the long-term goal, the Paris Agreement
invites countries to formulate and submit long-term strategies. Unlike NDCs,
they are not mandatory.

• The operational details for the practical implementation of the Paris

Agreement were agreed on at the UN Climate Change Conference (COP24) in
Katowice, Poland, in December 2018, in what is colloquially called the Paris
Rulebook, and finalized at COP26 in Glasgow, Scotland, in November 2021.
 A comparison with earlier climate treaties

With the UNFCCC With the Kyoto Protocol

The Paris Agreement is a a great Diminished legal force of Parties’

leveller of Parties’ obligations, mitigation obligations was a trade
most saliently in relation to off for the universal commitment
mitigation and the provision of to emission reductions, and the
information. creation of a unitary system for
the review of implementation,
compliance and effectiveness.
The need for evolution of commitments

Stabilization:
• For any stabilization, global emissions need to peak and decrease steadily
thereafter
• The sooner the peak the lower the stabilization level

UNFCCC and Kyoto Protocol

• Ultimate objective: stabilization of GHG concentrations
• “Common but differentiated responsibilities”
• Annex I countries reduce emissions by about 5% in 2008-2012 relative to 1990
• USA rejects the Kyoto Protocol

Further commitments are necessary so that:

• Developed countries reduce emissions substantially
• Developing countries’ emissions do not grow as much as expected
How does it work?

• The Paris Agreement works on a five- year cycle of increasingly

ambitious climate action carried out by countries.
• Every five years, each country is expected to submit an updated
national climate action plan - known as Nationally Determined
Contribution, or NDC.

• In their NDCs, countries communicate actions they will take to reduce

their greenhouse gas emissions in order to reach the goals of the Paris
Agreement.
• Countries also communicate in the NDCs actions they will take to build
resilience to adapt to the impacts of rising temperatures.
• Identify INDC of India vs China vs Brazil vs any country of ur
choice
Evolution in international climate governance

Top
down

Obligations Obligations
of conduct of result
(means)

Bottom
up
Savaresi A, ‘The Paris Agreement:
Reflections on an International Law
Odyssey’ (2019)
<[Link] >
Paris Agreement: Core elements

Transpa-
Mitigation
rency
Review of
Global Goal implementation

Nationally
Review of
Determined
effectiveness
Contributions

Leveling
Review of
parties
compliance
obligations
Paris Agreement: Core elements

Adapt-
ation Loss and
damage
Human
Global goal displacement

National
≠ compensation
Adaptation Plans
The Paris rulebook – what remains to be
done
Article 6 Article 13

Internationally Transparency framework

transferred mitigation • Transition towards
outcomes – aka carbon common rules on
markets • Accounting of emissions
• Transition away from old KP • Reporting on progress in
rules the achievement of
• Institutional arrangements NDCs
• Environmental integrity • Review of institutional
• Double-counting arrangements
The core of Paris 2015 – staying below 2°C

The good news:

Staying below
2°C is still
possible !!!

The bad news:

Current
trajectory leads
us to 4°C !!!
The climate nexus – reinventing prosperity
Climate
friendly
prosperit
y
A positive agenda to be harvested by
Paris 2015

Local
Authorities
Finance : Business /
innovative Sectorial
Fueling the tools Solution agreements
UNFCCC oriented
agenda
with green
Insurance
innovations Sustainable
Energy 4All
and
Adaptation