Type | Multilateral environmental agreement |
---|---|
Context | Environmentalism |
Drafted | 9 May 1992 |
Signed | 4–14 June 1992 20 June 1992 – 19 June 1993 |
Location | Rio de Janeiro, Brazil New York, United States |
Effective | 21 March 1994 |
Condition | Ratification by 50 states |
Signatories | 165 |
Parties | 197 |
Depositary | Secretary-General of the United Nations |
Languages | |
United Nations Framework Convention on Climate Change at Wikisource |
The United Nations Framework Convention on Climate Change (UNFCCC) is an international environmental treaty adopted on 9 May 1992 and opened for signature at the Earth Summit in Rio de Janeiro from 3 to 14 June 1992. It then entered into force on 21 March 1994, after a sufficient number of countries had ratified it. The UNFCCC objective is to "stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system". The framework sets non-binding limits on greenhouse gas emissions for individual countries and contains no enforcement mechanisms. Instead, the framework outlines how specific international treaties (called "protocols" or "Agreements") may be negotiated to specify further action towards the objective of the UNFCCC.
Initially, an Intergovernmental Negotiating Committee (INC) produced the text of the Framework Convention during its meeting in New York from 30 April to 9 May 1992. The UNFCCC was adopted on 9 May 1992 and opened for signature on 4 June 1992. The UNFCCC has 197 parties as of December 2015. The convention enjoys broad legitimacy, largely due to its nearly universal membership.
The parties to the convention have met annually from 1995 in Conferences of the Parties (COP) to assess progress in dealing with climate change. In 1997, the Kyoto Protocol was concluded and established legally binding obligations for developed countries to reduce their greenhouse gas emissions in the period 2008–2012. The 2010 United Nations Climate Change Conference produced an agreement stating that future global warming should be limited to below 2.0 °C (3.6 °F) relative to the pre-industrial level. The Protocol was amended in 2012 to encompass the period 2013–2020 in the Doha Amendment, which as of December 2015 had not entered into force. In 2015 the Paris Agreement was adopted, governing emission reductions from 2020 on through commitments of countries in Nationally Determined Contributions (NDCs), with a view of lowering the target to 1.5 °C. The Paris Agreement entered into force on 4 November 2016.
One of the first tasks set by the UNFCCC was for signatory nations to establish national greenhouse gas inventories of greenhouse gas (GHG) emissions and removals, which were used to create the 1990 benchmark levels for accession of Annex I countries to the Kyoto Protocol and for the commitment of those countries to GHG reductions. Updated inventories must be submitted annually by Annex I countries.
"UNFCCC" is also the name of the United Nations Secretariat charged with supporting the operation of the Convention, with offices in Haus Carstanjen, and the UN Campus (known as Langer Eugen) in Bonn, Germany. From 2010 to 2016 the head of the secretariat was Christiana Figueres. In July 2016, Patricia Espinosa succeeded Figueres. The Secretariat, augmented through the parallel efforts of the Intergovernmental Panel on Climate Change (IPCC), aims to gain consensus through meetings and the discussion of various strategies.
Treaty
The United Nations Framework Convention on Climate Change (UNFCCC) was opened for signature at the 1992 United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro (known by its popular title, the Earth Summit).
On 12 June 1992, 154 nations signed the UNFCCC, which upon ratification
committed signatories' governments to reduce atmospheric concentrations
of greenhouse gases with the goal of "preventing dangerous
anthropogenic interference with Earth's climate system". This
commitment would require substantial reductions in greenhouse gas
emissions (see the later section, "Stabilization of greenhouse gas concentrations")
Article 3(1) of the Convention
states that Parties should act to protect the climate system on the
basis of "common but differentiated responsibilities and respective
capabilities", and that developed country Parties should "take the lead"
in addressing climate change. Under Article 4, all Parties make general
commitments to address climate change through, for example, climate
change mitigation and adapting to the eventual impacts of climate
change. Article 4(7) states:[9]
The extent to which developing country Parties will effectively implement their commitments under the Convention will depend on the effective implementation by developed country Parties of their commitments under the Convention related to financial resources and transfer of technology and will take fully into account that economic and social development and poverty eradication are the first and overriding priorities of the developing country Parties.
The Framework Convention specifies the aim of Annex I Parties stabilizing their greenhouse gas emissions (carbon dioxide and other anthropogenic greenhouse gases not regulated under the Montreal Protocol) at 1990 levels, by the year 2000.
Kyoto Protocol
After the signing of the UNFCCC treaty, Parties to the UNFCCC have met at conferences ("Conferences of the Parties" – COPs) to discuss how to achieve the treaty's aims. At the 1st Conference of the Parties
(COP-1), Parties decided that the aim of Annex I Parties stabilizing
their emissions at 1990 levels by the year 2000 was "not adequate", and further discussions at later conferences led to the Kyoto Protocol. The Kyoto Protocol sets emissions targets for developed countries which are binding under international law.
The Kyoto Protocol has had two commitment periods, the first of
which lasted from 2008–2012. The second one runs from 2013-2020 and is
based on the Doha Amendment to the Protocol, which has not entered into
force.
The US has not ratified the Kyoto Protocol, while Canada
denounced it in 2012. The Kyoto Protocol has been ratified by all the
other Annex I Parties.
All Annex I Parties, excluding the US, have participated in the
1st Kyoto commitment period. 37 Annex I countries and the EU have agreed
to second-round Kyoto targets. These countries are Australia, all
members of the European Union, Belarus, Iceland, Kazakhstan, Norway,
Switzerland, and Ukraine.
Belarus, Kazakhstan and Ukraine have stated that they may withdraw from
the Protocol or not put into legal force the Amendment with second
round targets.
Japan, New Zealand, and Russia have participated in Kyoto's first-round
but have not taken on new targets in the second commitment period.
Other developed countries without second-round targets are Canada (which
withdrew from the Kyoto Protocol in 2012) and the United States.
All countries that remained parties to the Kyoto Protocol are in full compliance with their first commitment period targets.
Paris Agreement
In 2011, parties adopted the "Durban Platform for Enhanced Action".
As part of the Durban Platform, parties have agreed to "develop a
protocol, another legal instrument or an agreed outcome with legal force
under the Convention applicable to all Parties". At Durban and Doha,
parties noted "with grave concern" that current efforts to hold global
warming to below 2 or 1.5 °C relative to the pre-industrial level appear
inadequate.
In 2015, all (then) 196 parties to the convention came together for the UN Climate Change Conference
in Paris 30 November - 12 December and adopted by consensus the Paris
Agreement, aimed at limiting global warming to less than two degrees
Celsius, and pursue efforts to limit the rise to 1.5 degrees Celsius. The Paris Agreement entered into force on 4 November 2016.
Intended Nationally Determined Contributions
At the 19th session of the Conference of the Parties in Warsaw in 2013, the UNFCCC created a mechanism for Intended Nationally Determined Contributions (INDCs) to be submitted in the run up to the 21st session of the Conference of the Parties in Paris (COP21) in 2015.
Countries were given freedom and flexibility to ensure these climate
change mitigation and adaptation plans were nationally appropriate;
this flexibility, especially regarding the types of actions to be
undertook, allowed for developing countries to tailor their plans to
their specific adaptation and mitigation needs, as well as towards other
needs.
In the aftermath of COP21, these INDCs became Nationally Determined
Contributions (NDCs) when a country ratified the Paris Agreement, unless
a new NDC was submitted to the UNFCCC at the same time. The 22nd session of the Conference of the Parties
(COP22) in Marrakesh focused on these Nationally Determined
Contributions and their implementation, after the Paris Agreement
entered into force on 4 November 2016.
The Climate and Development Knowledge Network
(CDKN) created a guide for NDC implementation, for the use of decision
makers in Less Developed Countries. In this guide, CDKN identified a
series of common challenges countries face in NDC implementation,
including how to:
- build awareness of the need for, and benefits of, action among stakeholders, including key government ministries
- mainstream and integrate climate change into national planning and development processes
- strengthen the links between subnational and national government plans on climate change
- build capacity to analyse, develop and implement climate policy
- establish a mandate for coordinating actions around NDCs and driving their implementation
- address resource constraints for developing and implementing climate change policy.
Other decisions
In
addition to the Kyoto Protocol (and its amendment) and the Paris
Agreement, parties to the Convention have agreed to further commitments
during UNFCCC Conferences of the Parties. These include the Bali Action Plan (2007), the Copenhagen Accord (2009), the Cancún agreements (2010), and the Durban Platform for Enhanced Action (2012).
- Bali Action Plan
As part of the Bali Action Plan, adopted in 2007, all developed
country Parties have agreed to "quantified emission limitation and
reduction objectives, while ensuring the comparability of efforts among
them, taking into account differences in their national circumstances."
Developing country Parties agreed to "[nationally] appropriate
mitigation actions [NAMAs] context of sustainable development, supported
and enabled by technology, financing and capacity-building, in a
measurable, reportable and verifiable manner." 42 developed countries have submitted mitigation targets to the UNFCCC secretariat, as have 57 developing countries and the African Group (a group of countries within the UN).
- Copenhagen Accord and Cancún agreements
As part of the 2009 Copenhagen negotiations, a number of countries produced the Copenhagen Accord. The Accord states that global warming should be limited to below 2.0 °C (3.6 °F). This may be strengthened in 2015 with a target to limit warming to below 1.5 °C.
The Accord does not specify what the baseline is for these temperature
targets (e.g., relative to pre-industrial or 1990 temperatures).
According to the UNFCCC, these targets are relative to pre-industrial
temperatures.
114 countries agreed to the Accord.
The UNFCCC secretariat notes that "Some Parties ... stated in their
communications to the secretariat specific understandings on the nature
of the Accord and related matters, based on which they have agreed to
[the Accord]." The Accord was not formally adopted by the Conference of
the Parties. Instead, the COP "took note of the Copenhagen Accord."
As part of the Accord, 17 developed country Parties and the EU-27 have submitted mitigation targets, as have 45 developing country Parties. Some developing country Parties have noted the need for international support in their plans.
As part of the Cancún agreements, developed and developing countries have submitted mitigation plans to the UNFCCC. These plans are compiled with those made as part of the Bali Action Plan.
- Developing countries
At Berlin, Cancún, and Durban, the development needs of developing country parties were reiterated. For example, the Durban Platform reaffirms that:
[...] social and economic development and poverty eradication are the first and overriding priorities of developing country Parties, and that a low-emission development strategy is central to sustainable development, and that the share of global emissions originating in developing countries will grow to meet their social and development needs.
Interpreting article 2
The ultimate objective of the Framework Convention is to
"stabilization of greenhouse gas concentrations in the atmosphere at a
level that would prevent dangerous anthropogenic [i.e., human-caused]
interference with the climate system". As is stated in the article 2 of the Convention, this "should be achieved within a time-frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner".
To stabilize atmospheric GHG concentrations, global anthropogenic GHG emissions would need to peak then decline. Lower stabilization levels would require emissions to peak and decline earlier compared to higher stabilization levels. The graph above shows projected changes in annual global GHG emissions (measured in CO2-equivalents)
for various stabilization scenarios. The other two graphs show the
associated changes in atmospheric GHG concentrations (in CO2-equivalents)
and global mean temperature for these scenarios. Lower stabilization
levels are associated with lower magnitudes of global warming compared
to higher stabilization levels.
There is uncertainty over how GHG concentrations and global
temperatures will change in response to anthropogenic emissions (see climate change feedback and climate sensitivity).
The graph opposite shows global temperature changes in the year 2100
for a range of emission scenarios, including uncertainty estimates.
- Dangerous anthropogenic interference
There are a range of views over what level of climate change is dangerous.
Scientific analysis can provide information on the risks of climate
change, but deciding which risks are dangerous requires value
judgements.
The global warming that has already occurred poses a risk to some human and natural systems (e.g., coral reefs). Higher magnitudes of global warming will generally increase the risk of negative impacts. According to Field et al. (2014),
climate change risks are "considerable" with 1 to 2 °C of global
warming, relative to pre-industrial levels. 4 °C warming would lead to
significantly increased risks, with potential impacts including
widespread loss of biodiversity and reduced global and regional food security.
Climate change policies may lead to costs that are relevant to the article 2.
For example, more stringent policies to control GHG emissions may
reduce the risk of more severe climate change, but may also be more
expensive to implement.
- Projections
There is considerable uncertainty over future changes in
anthropogenic GHG emissions, atmospheric GHG concentrations, and
associated climate change. Without mitigation policies, increased energy demand and extensive use of fossil fuels
could lead to global warming (in 2100) of 3.7 to 4.8 °C relative to
pre-industrial levels (2.5 to 7.8 °C including climate uncertainty).
To have a likely chance of limiting global warming (in 2100) to
below 2 °C, GHG concentrations would need to be limited to around 450
ppm CO2-eq. The current trajectory of global emissions does not appear to be consistent with limiting global warming to below 1.5 or 2 °C.
Precautionary principle
In decision making, the precautionary principle
is considered when possibly dangerous, irreversible, or catastrophic
events are identified, but scientific evaluation of the potential damage
is not sufficiently certain (Toth et al., 2001, pp. 655–656). The precautionary principle implies an emphasis on the need to prevent such adverse effects.
Uncertainty is associated with each link of the causal chain of
climate change. For example, future GHG emissions are uncertain, as are
climate change damages. However, following the precautionary principle,
uncertainty is not a reason for inaction, and this is acknowledged in
Article 3.3 of the UNFCCC (Toth et al., 2001, p. 656).
Parties
As of 2015, the UNFCCC has 197 parties including all United Nations member states, United Nations General Assembly observer State of Palestine, UN non-member states Niue and the Cook Islands and the supranational union European Union. The Holy See is not a member state, but is an observer.
Classification of Parties and their commitments
Parties to the UNFCCC are classified as:
- Annex I: There are 43 Parties to the UNFCCC listed in Annex I of the Convention, including the European Union. These Parties are classified as industrialized (developed) countries and "economies in transition" (EITs). The 14 EITs are the former centrally-planned (Soviet) economies of Russia and Eastern Europe.
- Annex II: Of the Parties listed in Annex I of the Convention, 24 are also listed in Annex II of the Convention, including the European Union. These Parties are made up of members of the Organisation for Economic Co-operation and Development (OECD). Annex II Parties are required to provide financial and technical support to the EITs and developing countries to assist them in reducing their greenhouse gas emissions (climate change mitigation) and manage the impacts of climate change (climate change adaptation).
- Annex B: Parties listed in Annex B of the Kyoto Protocol are Annex I Parties with first- or second-round Kyoto greenhouse gas emissions targets. The first-round targets apply over the years 2008–2012. As part of the 2012 Doha climate change talks, an amendment to Annex B was agreed upon containing with a list of Annex I Parties who have second-round Kyoto targets, which apply from 2013–2020. The amendments have not entered into force.
- Least-developed countries (LDCs): 47 Parties are LDCs, and are given special status under the treaty in view of their limited capacity to adapt to the effects of climate change.
- Non-Annex I: Parties to the UNFCCC not listed in Annex I of the Convention are mostly low-income developing countries. Developing countries may volunteer to become Annex I countries when they are sufficiently developed.
List of parties
Annex I countries
There are 43 Annex I Parties including the European Union. These countries are classified as industrialized countries and economies in transition. Of these, 24 are Annex II Parties, including the European Union, and 14 are Economies in Transition.
Conferences of the Parties
The United Nations Climate Change Conference are yearly conferences
held in the framework of the UNFCCC. They serve as the formal meeting of
the UNFCCC Parties (Conferences of the Parties) (COP) to assess progress in dealing with climate change, and beginning in the mid-1990s, to negotiate the Kyoto Protocol to establish legally binding obligations for developed countries to reduce their greenhouse gas emissions. From 2005 the Conferences have also served as the Meetings of Parties of the Kyoto Protocol (CMP).
Also parties to the Convention that are not parties to the Protocol can
participate in Protocol-related meetings as observers. The first
conference (COP1) was held in 1995 in Berlin. The 3rd conference (COP3)
was held in Kyoto and resulted in the Kyoto protocol, which was amended
during the 2012 Doha Conference (COP18, CMP 8). The COP21 (CMP11) conference was held in Paris and resulted in adoption of the Paris Agreement. Negotiations for the Paris Agreement took place during COP22 in Marrakech, Morocco. The twenty-third COP ("COP23") was led by Fiji and took place in Bonn, Germany. COP24 was held in Katowice, Poland.
Subsidiary bodies
A subsidiary body is a committee that assists the Conference of the Parties. Subsidiary bodies include:
- Permanents:
- The Subsidiary Body of Scientific and Technological Advice (SBSTA) is established by Article 9 of the Convention to provide the Conference of the Parties and, as appropriate, its other subsidiary bodies with timely information and advice on scientific and technological matters relating to the Convention. It serves as a link between information and assessments provided by expert sources (such as the IPCC) and the COP, which focuses on setting policy.
- The Subsidiary Body of Implementation (SBI) is established by Article 10 of the Convention to assist the Conference of the Parties in the assessment and review of the effective implementation of the Convention. It makes recommendations on policy and implementation issues to the COP and, if requested, to other bodies.
- Temporary:
- Ad hoc Group on Article 13 (AG13), active from 1995 to 1998;
- Ad hoc Group on the Berlin Mandate (AGBM), active from 1995 to 1997;
- Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP), established in 2005 by the Parties to the Kyoto Protocol to consider further commitments of industrialized countries under the Kyoto Protocol for the period beyond 2012; it concluded its work in 2012 when the CMP adopted the Doha Amendment;
- Ad Hoc Working Group on Long-term Cooperative Action (AWG-LCA), established in Bali in 2007 to conduct negotiations on a strengthened international deal on climate change;
- Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP), established at COP 17 in Durban in 2011 "to develop a protocol, another legal instrument or an agreed outcome with legal force under the Convention applicable to all Parties." The ADP concluded its work in Paris on 5 December 2015.
Secretariat
The work under the UNFCCC is facilitated by a secretariat in Bonn,
Germany. The secretariat is established under Article 8 of the
Convention. It is headed by the Executive Secretary. The current
Executive Secretary, Patricia Espinosa, was appointed on 18 May 2016 by United Nations Secretary-General Ban Ki-moon and took office on 18 July 2016. She succeeded Christiana Figueres who held the office since 2010. Former Executive Secretaries have been Yvo de Boer (2006-2010), Joke Waller-Hunter (2002-2005) and Michael Zammit Cutajar (1995-2002).
Action for Climate Empowerment (ACE)
Action for Climate Empowerment (ACE) is a term adopted by the UNFCCC
in 2015 to have a better name for this topic than "Article 6". It refers
to Article 6 of the Convention's original text (1992), focusing on six
priority areas: education, training, public awareness, public
participation, public access to information, and international
cooperation on these issues. The implementation of all six areas has
been identified as the pivotal factor for everyone to understand and
participate in solving the complex challenges presented by climate change.
ACE calls on governments to develop and implement educational and
public awareness programmes, train scientific, technical and managerial
personnel, foster access to information, and promote public
participation in addressing climate change and its effects. It also
urges countries to cooperate in this process, by exchanging good
practices and lessons learned, and strengthening national institutions.
This wide scope of activities is guided by specific objectives that,
together, are seen as crucial for effectively implementing climate
adaptation and mitigation actions, and for achieving the ultimate
objective of the UNFCCC.
Available information about the commitments
In 2014, The UN with Peru and France created the Global Climate Action Portal NAZCA for writing and checking all the climate commitments
Commentaries and analysis
Criticisms of the UNFCCC process
The
overall umbrella and processes of the UNFCCC and the adopted Kyoto
Protocol have been criticized by some as not having achieved their
stated goals of reducing the emission of carbon dioxide (the primary culprit blamed for rising global temperatures of the 21st century).
At a speech given at his alma mater, Todd Stern — the US Climate Change
envoy — has expressed the challenges with the UNFCCC process as
follows: "Climate change is not a conventional environmental issue ...
It implicates virtually every aspect of a state's economy, so it makes
countries nervous about growth and development. This is an economic
issue every bit as it is an environmental one." He went on to explain
that the United Nations Framework Convention on Climate Change is a
multilateral body concerned with climate change and can be an
inefficient system for enacting international policy. Because the
framework system includes over 190 countries and because negotiations
are governed by consensus, small groups of countries can often block
progress.
The failure to achieve meaningful progress and reach effective
CO2-reducing policy treaties among the parties over the past eighteen
years has driven some countries like the United States to hold back from
ratifying the UNFCCC's most important agreement — the Kyoto
Protocol — in large part because the treaty did not cover developing
countries which now include the largest CO2 emitters. However, this
failed to take into account both the historical responsibility for
climate change since industrialisation, which is a contentious issue in
the talks, and also responsibility for emissions from consumption and
importation of goods.
It has also led Canada to withdraw from the Kyoto Protocol in 2011 out
of a wish not to make its citizens pay penalties that would result in
wealth transfers out of Canada. Both the US and Canada are looking at internal Voluntary Emissions Reduction schemes to curb carbon dioxide emissions outside the Kyoto Protocol.
The perceived lack of progress has also led some countries to
seek and focus on alternative high-value activities like the creation of
the Climate and Clean Air Coalition to Reduce Short-Lived Climate Pollutants which seeks to regulate short-lived pollutants such as methane, black carbon and hydrofluorocarbons
(HFCs), which together are believed to account for up to 1/3 of current
global warming but whose regulation is not as fraught with wide
economic impacts and opposition.
In 2010, Japan stated that it will not sign up to a second Kyoto
term, because it would impose restrictions on it not faced by its main
economic competitors, China, India and Indonesia. A similar indication was given by the Prime Minister of New Zealand in November 2012. At the 2012 conference, last-minute objections at the conference by Russia, Ukraine, Belarus and Kazakhstan were ignored by the governing officials, and they have indicated that they will likely withdraw or not ratify the treaty.
These defections place additional pressures on the UNFCCC process that
is seen by some as cumbersome and expensive: in the UK alone, the
climate change department has taken over 3,000 flights in two years at a
cost of over £1,300,000 (British pounds sterling).
Before the 2015 United Nations Climate Change Conference, National Geographic Magazine
added to the criticism, writing: "Since 1992, when the world's nations
agreed at Rio de Janeiro to avoid 'dangerous anthropogenic interference
with the climate system,' they've met 20 times without moving the needle
on carbon emissions. In that interval we've added almost as much carbon
to the atmosphere as we did in the previous century."
Benchmarking
Benchmarking is the setting of a policy target based on some frame of reference.
An example of benchmarking is the UNFCCC's original target of Annex I
Parties limiting their greenhouse gas emissions at 1990 levels by the
year 2000. Goldemberg et al. (1996)
commented on the economic implications of this target. Although the
target applies equally to all Annex I Parties, the economic costs of
meeting the target would likely vary between Parties. For example,
countries with initially high levels of energy efficiency
might find it more costly to meet the target than countries with lower
levels of energy efficiency. From this perspective, the UNFCCC target
could be viewed as inequitable, i.e., unfair.
Benchmarking has also been discussed in relation to the first-round emissions targets specified in the Kyoto Protocol.
International trade
Academics
and environmentalists criticise the article 3(5) of the convention,
which states that any climate measures that would restrict international trade should be avoided.