The United Nations Framework Convention on Climate Change (UNFCCC) The United Nations Framework Convention on Climate Change (UNFCCC) was formed in 1992 in response to growing political concerns that human activities were substantially increasing the concentrations of the greenhouse gases (GHG) in the atmosphere and that immediate reductions in GHG emissions were needed to avert global warming.[1] The UNFCCC established a long-term objective of stabilizing greenhouse gas concentrations in the atmosphere "at a level that would prevent dangerous anthropogenic interference with the climate system".[2] The treaty originally set a voluntary goal of reducing emissions of developed countries.[3] These voluntary reductions were replaced with binding emissions limits in the Kyoto Protocol, discussed below. The UNFCCC also requires a wealthier subset of the developed countries to provide financial and technological resources to developing countries to assist them in their climate-related responsibilities.[4] To understand the extent of GHG emissions throughout the world, all signatories to the UNFCCC must regularly submit inventories of greenhouse gas (GHG) emissions and removals to the UNFCCC. These inventories provide a mechanism to compare relative contributions of different emissions sources and greenhouse gases to climate change. They also provide country-by-country comparisons.[5] Currently 192 parties, including the United States, have ratified the UNFCCC.[6] Recent Development: Copenhagen Accord on climate change In December 2009, the international community took a tentative step toward developing a successor agreement to the Kyoto Protocol at the Fifteenth Session of the Conference of the Parties (COP-15) to the United Nations Framework Convention on Climate Change (UNFCCC). In an agreement, known as the Copenhagen Accord,[7] named after the city where the talks were held, most of the world's nations committed themselves to addressing the issue of climate change. The meeting, however, fell short of its original goal of resulting in a legally binding accord to come into force when the first commitment period of the Kyoto Protocol ends in 2012. That goal has been pushed back to the next meeting of the Conference of the Parties, to be held in Mexico in late 2010. In December 2007, the parties to the UNFCCC established a negotiating process to develop a successor agreement to the Kyoto Protocol, with a goal of completing a draft agreement by COP-15 in 2009.[8] In the two years leading up to the meeting in Copenhagen, negotiations focused on the type of commitments that developed and developing countries should make in the new agreement, whether those commitments would be binding or aspirational, how to finance mitigation and adaptation activities in the developing world, and the governance structures needed to implement a new agreement. The setting of new emission targets after Kyoto has been one the most difficult issues faced by negotiators during the negotiations leading up to and at Copenhagen. The Kyoto Protocol sets binding greenhouse gas emission limits for developed countries, but does not set any comparable limits for developing countries. The principle rationale for this difference is that the developed world is responsible for the largest share of historical and current emissions and that the per capita emissions level of developing countries is still relatively low compared to developed countries.[9] However, the position of United States, which refused to ratify the Kyoto Protocol without binding commitments from developing countries such as China and India, and other developed nations, has been that major industrializing counties need to accept some form of binding targets in any new agreement; something these developing countries have resisted. Negotiations were also hampered by the lack of comprehensive climate change legislation with binding targets in the United States and the realization that reduction targets proposed by the United States during negotiations might not necessarily have the support of the US Congress.[10] The failure of negotiators to make significant progress prior to Copenhagen led Danish Prime Minister Lars Rasmussen, in November 2009, to set forth a proposal to use the meeting in Copenhagen to create the broad outlines for a climate treaty, including provisional reduction targets for greenhouse gas emissions, with the goal of completing the details and finalize the agreement in 2010.[11] The Copenhagen Accord is a political agreement, and as such it is not a legally binding on the Parties to the UNFCCC. The formal decision of the Conference of the Parties was to "take note" of the "attached accord."[12] The accord states that climate change is "one of the greatest challenges of our time" and recognizes the need to stabilize global greenhouse gas emissions with the goal of holding global temperature rises below two degrees Celsius. The agreement recognizes the need to peak global and national emissions as soon as possible, but acknowledges that the timeframe for this to occur will be longer in developing countries. The agreement calls for enhanced action and international cooperation on adaptation issues, particularly in least developed countries, small island developing states, and in Africa. The agreement contains a provision for Annex I Parties to the UNFCCC, referred to as developed countries, to commit to implement economy wide emission targets for 2020. The agreement also calls for Non-Annex I Parties to the Convention to implement mitigation actions, but least developed countries and small-island developing States may undertake actions voluntarily and with international support. The agreement called on the countries to submit their targets and proposed actions by January 31, 2010. In their January submissions, the European Union confirmed its goal of a 20 percent reduction in carbon emissions by 2020 from 1990 levels, and 30 percent if other nations also pledge further reductions. Japan pledged to cut its emissions by 25 percent below 1990 levels. The US pledged to cut carbon emissions by 17 percent by 2020 from 2005 levels. China pledged cut the amount of carbon produced per unit of economic output, or "carbon intensity," by 40-45 percent by 2020 from 2005 levels, and India pledged to cut its "carbon intensity" by 20-25 percent during the same time-period.[13] Although the reduction targets are not legally binding, many viewed the agreement by China and India to reduce the carbon-intensity of their economies as a step forward from the Kyoto Protocol. Pursuant the accord, the emission targets of Annex I countries and the mitigation actions of Non-Annex I countries that receive international support will be subject to monitoring, reporting and verification procedures in accordance with existing and any further guidelines adopted by the COP. Actions by developing countries not receiving international support will be subject to domestic monitoring, reporting and verification procedures. Countries are to report mitigation actions in biennial national communications; the information reported will be subject to "international consultation and analysis under clearly defined guidelines that will ensure that national sovereignty is respected." Unlike the Kyoto Protocol, the agreement recognizes the role of reducing deforestation and degradation as a way to slow greenhouse gas emissions, and on the need to provide financial resources from developed countries as a way to help make this possible. It acknowledges the role of various approaches to mitigating greenhouse gas emissions, including the role of the markets, and commits $30 billion short-term funding from developed countries for adaptation and mitigation actions for the period 2010 - 2012 and 100 billion annually by 2020. The agreement also establishes the Copenhagen Green Climate Fund to support climate change projects, programs, policies, and other activities in developing countries. ***** The challenge now is to turn the Copenhagen Accord into a legally binding agreement in Mexico at the end of 2010. Because United States negotiators were unable secure binding emission commitments from China, India or other developing nations, and because passage of climate legislation in the United States remains uncertain, any future agreement will likely have aspirational emission targets, not binding limits. In addition, the United States has signaled that it sees a diminished role for the United Nations in future climate change negotiations, meaning that negotiations, as well as the mobilization of resources and institutions to fight climate change, will likely occur increasingly in bilateral and other multi-lateral forums. Tim Whitehouse Environmental Consultant Poolesville, MD January 2010 Footnotes: 1 The First Ten Years, United Nations Framework Convention on Climate Change, 2004, ,http://unfccc.int/essential_background/background_publications_htmlpdf/items/2625.php 2 United Nations Framework Convention on Climate Change art. 2, opened for signature May 9, 1992, 1771 U.N.T.S. 107, S. Treaty Doc. No. 102-38 [Hereinafter UNFCCC]. 3 Id. at art. 4(2)(a) 4 Id. at art. 4(3)(4)(5). 5 See http://unfccc.int/ghg_data/items/3800.php 6 See http://unfccc.int/essential_background/convention/status_of_ratification/items/2631.php 7 The Copenhagen Accord, UN Doc. FCCC/KP/CMP/2009/L.9 (December 18, 2009), available at http://unfccc.int/resource/docs/2009/cmp5/eng/l09.pdf. 8 The Bali Action Plan, United Nations Framework Convention on Climate Change, Conference of the Parties, Dec. 3-15, 2007, Report of the Conference of the Parties on its Thirteenth Session, Addendum, Decision 1-CP.13 FCCC/CP/2007/6/Add.1 (Mar. 14, 2008), available at http://unfccc.int/resource/docs/2007/cop13/eng/06a01.pdf. 9 Under the Protocol, the European Union agreed to an 8% reduction in emissions, the United States 7%, and Japan 6%, relative to their 1990 emission levels. The treaty allows an 8% increase in emissions in Australia and 10% in Iceland. The United States is the only major industrialized country not to have ratified the Protocol. See UNFCCC, "The Kyoto Protocol" available at http://unfccc.int/kyoto_protocol/items/2830.php. 10 For a summary of the negotiating positions of thirteen countries, the G77 and OPEC, see T. Johnson, Copenhagen's Many Agendas, COUNCIL ON FOREIGN RELATIONS BACKGROUNDER, (December 4, 2009), available at http://www.cfr.org/publication/20906/copenhagens_many_agendas.html. 11 P. Nicholas and D. Lee, Idea takes hold for 2-step climate pact: Obama and others at Asia-Pacific forum opt to aim for a limited accord at an upcoming Danish conference, LOS ANGELES TIMES, (November 15, 2009), online edition available at http://articles.latimes.com/2009/nov/15/world/fg-obama-asia15. 12 UNFCCC, Conference of the Parties, Dec. 7-18, 2009, Decision */CP.15, available at http://unfccc.int/files/meetings/cop_15/application/pdf/cop15_cph_auv.pdf. 13 See UNFCCC, "Information provided by the Parties to the Convention relating to the Copenhagen Accord", available at http://unfccc.int/home/items/5262.php. |
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