adaptation and loss & damage in international law · and agriculture, and for the protection...
TRANSCRIPT
Adaptation and loss & damage in
international climate change law
Cathrine Ramstad Wenger
legal advisor/climate change negotiator
University of Oslo, 31. October
The next 90 minutes
• Definitions – adaptation and loss and damage
• Framing adaptation and loss and damage
• The UNFCCC framework for adaptation and loss and damage
• The Convention
• The Kyoto Protocol
• Key COP-decisions
• The Paris Agreement
Pope Francis at the
White House
”Accepting the urgency, it seems
clear to me also that climate
change is a problem which can no
longer be left to a future
generation. When it comes to the
care of our “common home”, we
are living at a critical moment of
history. (..)To use a telling phrase
of the Reverend Martin Luther
King, we can say that we have
defaulted on a promissory note
and now is the time to honor it.”
Adaptation –
definition
To adjust to actual or expected
impacts induced by climate
change in order to reduce the
risk of harm ((or to exploit
potential benefits)).
Loss and damage -
definition
Actual and/or potential
manifestation of climate
impacts that negatively affect
human and natural systems
Mitigation
Development Adaptation Risk
management/L&D
Adaptation and L&D to what?
Framing adaptation and loss
and damage
7
The Paris example
- Exposure of people,
buildings, infrastructure etc
- Adaptation undertaken
- Response measures
- Insurance
- Population in flood prone
areas surrounding the Seine?
- Mitigation at global level –
changing risks
The Ethiopian
example
- Exposure of people, livestock
and crops
- Adaptation undertaken
- diversification, community seed
banks, knowledge sharing
- Response measures;
- Employment in drought-resilience
projects for cash or food
- Restocking and resettlement
programmes
- Who are affected?
- Mitigation at global level –
changing risks
- Global responsibility
Discussion
- How should the international
community respond to the
risk of climate change in
order to strengthen adaptive
capacity and reduce the risk
of loss and damage for all
states?
- Is a legal framework needed? If yes, what should it entail?
- Individual state responsibility or international responsibility?
- Ensure finance flows through an international fund?
- Establish an international compensation mechanism?
The UNFCCC framework
• United Nations Framework Convention on Climate Change (1992)
• Kyoto Protocol (1997)
• Paris Agreement (2015)
• COP decisions
• The objective; stabilization of GHG at a level that would prevent dangerous human interference with the climate system – within a timeframe sufficient to allow ecosystems to adapt naturally to climate change, cf. article 2.
• Adaptation as a principle to be taken into account in policies and measures for mitigation, cf. article 3 (3)
• The commitments –
• all parties shall;
• formulate, implement, publish and regularly update national and regional programs […] containing measures to facilitate adequate adaptation to climate change, cf. article 4 (1) (b).
• cooperate in preparing for adaptation to the impacts of climate change; develop and elaborate appropriate and integrated plans for coastal zone management, water resources and agriculture, and for the protection and rehabilitation of areas, particularly in Africa, affected by drought and desertification, as well as floods, cf. article 4 (1) (e)
• Take climate change considerations into account, to the extent feasible, in their relevant social, economic and environmental policies and actions, […] to mitigate or adapt to climate change, cf. article 4 (1) (f)
• developed country parties shall;
• assist the developing country Parties that are particularly vulnerable to the adverse effects of climate change in meeting costs of adaptation, cf. articles 4.8 and 4.9.
Adaptation under the Convention
Adaptation in the Kyoto Protocol
• Articles 10 and 11 in the Kyoto Protocol relates the Convention's articles regarding reporting on mitigation and adaptation measures.
• National Communications
• a share of the proceeds from certified project activities (ie CDM) - used for particularly vulnerable States to meet the costs of adaptation, cf. article 12 (8).
COP-decisions; key
milestones pre Paris
5 components of
adaptation
• observation;
• assessment of climate
impacts and vulnerability;
• planning;
• knowledge sharing;
• implementation; and
• monitoring and evaluation of
adaptation actions.
• National Communications (NatCom)
• COP 2 (1996)
• Marrakech Accords
• COP 7 (2001)
• Nairobi work programme
• COP 11 (2005)
• Bali Action Plan
• COP 13 (2007)
• Cancun Adaptation Framework
• COP 16 (2011)
Components of
L&D
COP-decisions; key milestones pre Paris
• Economic
• Non-economic
• Risk transfer (insurance)
• Compensation schemes
• Migration
• Highly politicized topic
• Vanuatu proposal for insurance of
Island states that compensate
• 1991 - before the Convention
was adopted
• Bali Action Plan
• COP 13 (2007)
• Cancun Adaptation Framework
COP 16 (2010)
• Warsaw International Mechanism
on Loss and Damage
• COP 19 (2013)
• ExCom´s 2 year work programme
• COP 20 (2014)
Relevant framework 2001-2010
COP/MOP
SBI
Buenos Aires
Programme of Action
2004
Least Developed
Countries Fund 2001
SBSTA
Nairobi Work
Programme
2005
Adaptation Fund
The framework post COP 16 - Cancun 2010
COP/MOP
SBSTA
Nairobi work programme
SBI
Loss and damage
National Adaptation
Plans
LDCF
Adaptation Committee
GCF
ADP
Adapt.Fund
Cancun Adaptation Framework
The framework post COP 21 – Paris 2015
COP/MOP
SBSTA
Nairobi work programme
SBI
Loss and damage
National Adaptation Plans
LDCF (NAPA/NAPs)
Adaptation Committee
GCF
APA / CMA1
Adaptation communication
Adaptation Fund
The adoption of the Paris
Agreement
The Paris Agreement – a short
recap
• Nationally determined contributions will reflect the State´s
highest possible ambition and show progression over time.
• Temperature goal
• Climate neutrality/balance
• Adaptation
• Loss and damage
• Support
• Cooperation and market mechanisms
• The global stocktake
• Transparency framework
• The compliance committee
Norway´s positions on adaptation and L&D
• National responsibility
• International support - priority to the least developed and most vulnerable States
• Integration in policies and practices
• Lowest possible level
• Synergies with other international bodies, programmes or legal framework
Adaptation in the
Paris Agreement 1/3
Foto: newclimate.org
• Adaptation as part of the objective (article 2):
• Strengthen the global response to climate change by;
• Increasing the ability to adapt
• Foster climate resilience and low GHG emission development
• Adaptation goal (article 7): • Establish a global goal on adaptation:
• Enhancing adaptive capacity
• Strengthening resilience
• Reduce vulnerability to climate change
- Adaptation as an important element in the long-term global response to climate change.
- International cooperation and support
- Particular regard to the needs of developing countries, especially the most vulnerable to climate change
- Guiding principles/approaches
- Shall (as appropriate) engage in adaptation planning processes and implementation
Adaptation in the Paris Agreement 2/3
Photo: Sergej Khakimullin
- Adaptation communication
- Support for developing
countries, in particular the
most vulnerable
- Adaptation in the global
stocktake
Adaptation in the Paris Agreement
3/3
Discussion
• How is the principle of CBDR-rc-ilonc reflected for adaptation?
Parisavtalens arbeidsprosesser for
tilpasning • Tilpasningskomiteen
• Gjennomgang av institusjoner
• Vurdere metodikk/veiledning for å evaluere tilpasningsbehov ("adaptation needs")
• Tilpasningskomiteen og LEG
• Utarbeide metodikk for å anerkjenne u-lands tilpasningsarbeid.
• Tilpasningskomiteen, LEG og SCF
• Utarbeide metodikk og anbefalinger for å fasilitere støtte for tilpasning til u-land; gjennomgang av om støtte er tilstrekkelig og effektivt benyttet
• WSII: • Norges innsending ("submission") til teknisk
gjennomgang av tilpasning før 2020; formålet er å identifisere konkrete muligheter for å få økt robusthet, redusere sårbarhet og økt forståelse for implementering av tilpasningstiltak.
• Recognises the necessity of adressing loss and damage at the international level
• Early warning systems, risk assessments, insurance et al
• No basis for compensation and liability
Loss and damage in the Paris Agreement
The WIM • Continues after review in
Marrakech • Establish a "Clearing House for risk
transfer" • Establish a "Task Force"; to
cooperate with relevant organisations outside of UNFCCC to develop recommendations for integrated approaches to avert, minimize and address climate change displaced persons.
An example - climate change displaced persons
Under the UNFCCC:
• WIM´s task force - not
operational
• Highly politicized
negotiations
• Cooperation vs
compensation and liability
Outside of UNFCCC:
• Part of a larger picture
• UNHCR
• IOM
• Political guidelines
• Nansen Initiative
• The Protection Agenda
• The Platform on Disaster
Displacement
The international response (outside of
the UNFCCC)
• The Sendai Framework for Disaster Risk Reduction 2015 – 2030
• The UN Sustainable Development Goals
• The Addis Abeba Action Agenda
• UNHCR
• IOM
• UNCBD
• UNEP
• UNDP
• The World Bank
SDG, goal 13
To take urgent action to combat climate change and its impacts*
• Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters in all countries
• Integrate climate change measures into national policies, strategies and planning
• Improve education, awareness-raising and human and institutional capacity on climate change mitigation, adaptation, impact reduction and early warning
• Implement the commitment undertaken by developed-country parties to the United Nations Framework Convention on Climate Change to a goal of mobilizing jointly $100 billion annually by 2020 from all sources to address the needs of developing countries in the context of meaningful mitigation actions and transparency on implementation and fully operationalize the Green Climate Fund through its capitalization as soon as possible
• Promote mechanisms for raising capacity for effective climate change-related planning and management in least developed countries and small island developing States, including focusing on women, youth and local and marginalized communities
Sendai Framework for DRR,
2015-2030
• Strengthening of disaster risk
governance
• Accountability for disaster risk
governance
• Strengthening international
cooperation
• Risk informed donor policies
• Implementation, follow up
and review through UNISDR
Ambassador of
peace – Leonardo
DiCaprio – at the
UN signing
ceremony “We can congratulate each other
today, but it will mean absolutely
nothing if you return to your
countries and fail to push beyond the
promises of this historic agreement.
Now is the time for bold and
unprecedented action.
(…)
This is the body that can do what is
needed. All of you sitting in this very
hall. The world is now watching. You
will either be lauded by future
generations or vilified by them.”
Discussion
• What should the role of UNFCCC be in realizing the global adaptation goal?
• What role should the Warsaw International Mechanism on Loss and Damage have in addressing L&D?
• Will we be able to honour our “promissory note”?
• Is the UN the last best hope of earth?
Thank you for your attention
Photo: David Littschwager/National Geographic Society
National Adaptation
Plans
5/CP.17