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background, current status and the road towards COP-21, Achala Abeysinghe 1
Dr. Achala Abeysinghe
02/11/2015Author name
Date
Dr. Achala Abeysinghe
02/11/2015
Dr. Achala AbeysinghePrincipal Researcher/ Legal Advisor
International Institute for Environment and Development
New Agreement and Key Considerations
background, current status and the road towards COP-21, Achala Abeysinghe 2
Dr. Achala Abeysinghe
02/11/2015Structure of the Presentation
• Introduction
• Timeline of negotiating texts
• The Paris Climate Package
• Negotiation mode: the spin-off groups
• Key topics and key questions
• Other legal questions
background, current status and the road towards COP-21, Achala Abeysinghe 3
Dr. Achala Abeysinghe
02/11/2015
The Ad hoc Working Group on Durban Platform for
Enhanced Action (ADP)
Key features:
• Longer time period for planning
• Legal in nature
• Applicable to all and aims to address
100% emissions
• Reevaluation of strict lines countries
• Scope is not limited to mitigation
Workstream I
• Adopt an Agreement in 2015
applicable to all Parties
• Enter into force in 2020
• To focus on, inter alia, mitigation;
adaptation; finance; technology
development and transfer;
transparency of action and
support; and capacity building
Workstream II
• Enhancing mitigation ambition by
identifying and exploring options
for a range of actions that can
close the pre-2020 ambition gap
AD
P M
AN
DA
TE
Up to 2015 2015-2020 Beyond 2020
background, current status and the road towards COP-21, Achala Abeysinghe 4
Dr. Achala Abeysinghe
02/11/2015
Draft Agreement and draft decision on workstreams 1 and 2
of the ADP
23 October 2015 version
•26 Articles in 33 pages•Enclosed as an Annex to a draft COP decision•Provisions in articles, following the UN treaties format Draft Agreement
•22 pages of the draft COP Decision•Divided into clusters of topicsIncludes provisions for Pre-2020 climate Action
Draft COP decisions
background, current status and the road towards COP-21, Achala Abeysinghe 5
Dr. Achala Abeysinghe
02/11/2015Frequent abbreviations
Conference of the Parties serving as the meeting of the Parties to the Agreement
Main governing body of the AgreementCMA
Intended Nationally Determined Contributions
Nationally Determined Contributions/Commitments
Nationally Determined Mitigation Contributions/ Commitments
INDCs/NDCs/NDMCs
Vehicles for communicating national
plans
Intergovernmental Preparatory CommitteeThe body that will be established to negotiate during the period of 2016-2020
IPC
background, current status and the road towards COP-21, Achala Abeysinghe 6
Dr. Achala Abeysinghe
02/11/2015Structure of the Paris climate package
background, current status and the road towards COP-21, Achala Abeysinghe 7
Dr. Achala Abeysinghe
02/11/2015
background, current status and the road towards COP-21, Achala Abeysinghe 8
Dr. Achala Abeysinghe
02/11/2015
background, current status and the road towards COP-21, Achala Abeysinghe 9
Dr. Achala Abeysinghe
02/11/2015Cross cutting institutional arrangements
• Several UNFCCC and Kyoto institutions will continue to serve the
Agreement.
• The decision making process will be headed by the CMA.
• The preparations for the entry into force of the Agreement may be
facilitated by the IPC
• SBI/ SBSTA and other UNFCCC bodies will also serve the
agreement.
background, current status and the road towards COP-21, Achala Abeysinghe 10
Dr. Achala Abeysinghe
02/11/2015
Key features of the draft agreement:
Summery of the analysis
background, current status and the road towards COP-21, Achala Abeysinghe 11
Dr. Achala Abeysinghe
02/11/2015Purpose of the Agreement (Art 2)
• To implement the Convention and to achieve the objective of the
Convention
• Long term temperature goal: Various options around 2 degree and
1.5 degree target
• Principles: CBDR, equity, sustainable development, protection of
human rights, gender equality and intergenerational equity, inter alia.
• Linking clause for developing countries implementation
background, current status and the road towards COP-21, Achala Abeysinghe 12
Dr. Achala Abeysinghe
02/11/2015
Mitigation (Art 3)
• Collective long-term goal: Parties aim to achieve... GHG emissions
peaking/reduction/transformation/neutrality.
• Reference to: 40-70% and 70-95% net emission reduction below 2010.
• Individual efforts: Each Party to communicate/prepare/maintain/fulfil and
implement an NMDC/recognizing CBDR/in accordance with CBDR/taking into
account CBDR
• Differentiated efforts: developed country parties to take the lead, unconditional
economy wide emissions reduction targets. LDCs and SIDS may communicate
policies and measures
background, current status and the road towards COP-21, Achala Abeysinghe 13
Dr. Achala Abeysinghe
02/11/2015
INDCs/NDCs
• Ambition: Successive NDCs to represent a progression beyond the party’s previous efforts
and highest possible ambition
• Substance: NDCs are to be quantifiable or quantified.
• Conditionalities: NDCs are to be, at least in part, unconditional.
• Comparability: NDCs are to be communicated with clarity, transparency and understanding
(and other conditions that may be established by the CMA).
• Accounting rules to be considered when submitting the NDC will be set forth in the
agreement alongside others that may be adopted by the CMA.
• Many other options and brackets.
background, current status and the road towards COP-21, Achala Abeysinghe 14
Dr. Achala Abeysinghe
02/11/2015Housing of NMDCs
• NMDCs shall be listed/published in an online registry
maintained by the Secretariat
• NMDCs shall be listed/published in an Annex/es to the
Agreement
• NMDCs shall be listed/published in the UNFCCC website
background, current status and the road towards COP-21, Achala Abeysinghe 15
Dr. Achala Abeysinghe
02/11/2015Relevant questions
What are the implications of such diverse terminology and to what
extent do each of them convey a legally binding obligation:
*Contributions
*Commitments
**Actions
*Efforts
Will such any chosen single term apply to all parties across the board?
Where should the INDCs be housed?
background, current status and the road towards COP-21, Achala Abeysinghe 16
Dr. Achala Abeysinghe
02/11/2015Adaptation (Art. 4)
• Global goal/long-term vision on adaptation: of enhancing adaptive
capacity, increasing resilience and reducing vulnerability to
climate change;
• Adaptation planning and communication: parties are to submit
communication on their adaptation undertakings
• Stocktake: global stocktake every x years
• Support for adaptation
background, current status and the road towards COP-21, Achala Abeysinghe 17
Dr. Achala Abeysinghe
02/11/2015Relevant questions
How to measure the aggregate effect of adaptation measures
in the pursuit of increase in global climate change resilience?
background, current status and the road towards COP-21, Achala Abeysinghe 18
Dr. Achala Abeysinghe
02/11/2015Loss and damage (Art. 5)
• A new International mechanism for loss an
damage/further developing Warsaw
• Options are either a mechanism or no text at all
background, current status and the road towards COP-21, Achala Abeysinghe 19
Dr. Achala Abeysinghe
02/11/2015Finance (Art. 6)
• Parties should/shall take action/appropriate steps to mobilize
finance; OR
• Developed Country Parties (reference to ANNEX II Parties as well)
to take the lead in providing climate finance
• Access to support by LDCs and SIDS
• Finance from developed countries to be scaled up from a floor of
US$100 billion per year from 2020
• Public funds, distinct from Official Development Assistance, will be
the main source of financing.
background, current status and the road towards COP-21, Achala Abeysinghe 20
Dr. Achala Abeysinghe
02/11/2015Relevant Questions
Will the the Special Climate Change Fund (SCCF) and the
Least-Developed Countries Fund (LDCF) and the
Adaptation Fund also serve the Agreement?
What should be the vehicle for communicating information
on climate finance?
background, current status and the road towards COP-21, Achala Abeysinghe 21
Dr. Achala Abeysinghe
02/11/2015
Technology Development and Transfer and
Capacity Building (Art 7 and 8)
• Technology development and Transfer:
• Goal,
• Technology framework,
• Technology mechanism
• support
• Capacity building:
• Institutional arrangements for capacity building
• support
background, current status and the road towards COP-21, Achala Abeysinghe 22
Dr. Achala Abeysinghe
02/11/2015Transparency (Art. 09)
• Establishment of transparency framework for action and support
(common, unified with flexibility built in or continuation of the existing
system)
• Review of information
• Adopting modalities and guidelines?
• Provisions of support for developing countries
background, current status and the road towards COP-21, Achala Abeysinghe 23
Dr. Achala Abeysinghe
02/11/2015Global stocktake (Art 10)
• CMA to periodically take stock
• 1st stocktake in 2023 or 2024
• And every five years thereafter, or at regular intervals to be
decided by the CMA
• Take stock of the overall/aggregate/collective progress towards
the Convention/and Agreement
background, current status and the road towards COP-21, Achala Abeysinghe 24
Dr. Achala Abeysinghe
02/11/2015
Facilitating implementation and compliance
(Art. 11)
• Establishment/ nature/ purpose and structure of a facilitative/compliance
mechanism
• Key focus: Implementation/and Compliance
• Structure: Mechanism/process/Committee/s
• Other proposals: An International Tribunal of Climate Justice, multilateral
consultative assessment, no reference to compliance
background, current status and the road towards COP-21, Achala Abeysinghe 25
Dr. Achala Abeysinghe
02/11/2015Other legal questions
• Legal form
• Interplay of the Agreement with the Convention , Kyoto
Protocol and the COP decisions
• Which decisions can be left for further implementation by
the CMA?
background, current status and the road towards COP-21, Achala Abeysinghe 26
Dr. Achala Abeysinghe
02/11/2015Ratification and Entry Into Force (Art. 18)
• Ratification triggers: number [ x ] of Parties (and/or) x number of
Parties accounting for [ x ] per cent of total emissions in a given year
[ xxxx ]
background, current status and the road towards COP-21, Achala Abeysinghe 27
Dr. Achala Abeysinghe
02/11/2015Decision making process
• The mandate of the CMA is to review the implementation of the Agreement and
make the decisions necessary to promote its effective implementation
• Rules of Procedure shall be adopted at the first session of the CMA.
• Article 17 contains a placeholder for preconditions on “Further requirements
and decision-making rights”:
• [further discussion needed on whether there should be preconditions to join
the agreement and to exercise decision-making rights].
background, current status and the road towards COP-21, Achala Abeysinghe 28
Dr. Achala Abeysinghe
02/11/2015
Next steps
• Actions on the negotiating text
• Meetings organised
background, current status and the road towards COP-21, Achala Abeysinghe 29
Dr. Achala Abeysinghe
02/11/2015Author name
Date
Dr. Achala Abeysinghe
02/11/2015
Thank you!