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The Paris Agreement adopted in December 2015 provides the basis for future international cooperation on the field of climate change mitigation. While truly global in reach, the agreement will however result in an increasingly complex new climate regime: Instead of using a uniform formula, Parties are allowed to autonomously define their NDCs (nationally determined contributions), resulting in a large diversity of contributions. This poses significant challenges for emissions accounting and the transfer of emission units.
This Policy Paper explores how these challenges can be addressed by analysing different types of NDCs and assessing their compatibility with the export and use of emission units. On that basis, the authors develop opt-in provisions for Parties willing to participate in unit transfers under the new climate regime and illustrate how potential risks to environmental integrity can be addressed.
This policy paper reviews the concept of additionality in the context of the Paris Agreement. Additionality is a key criterion that helps to maintain the environmental integrity of the Paris Agreement, especially when units created under Article 6.2 or 6.4 are used for offsetting purposes whether that is by Parties in order to meet their NDCs or whether by other entities with legal mitigation obligations.
It does so by first reviewing key concepts such as offsetting, environmental integrity, and baseline. Subsequently, it explores the context of additionality under the Paris Agreement. More specifically it discusses what should be counted as the baseline for additionality demonstration. The subsequent chapter then highlights the challenges with establishing additionality, that is establishing a causal relationship between a policy intervention and a proposed activity. Finally, the Policy Paper discusses aspects of international governance with respect to additionality.
Global climate
(2017)
On 7-18 November, the twenty-second Conference of the Parties (COP-22) to the United Nations Framework Convention on Climate Change (UNFCCC) and the twelfth Meeting of the Parties to the Kyoto Protocol (CMP-12) took place in Marrakech. Due to the rapid entry into force of the Paris Agreement, Marrakech also hosted the first Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement (CMA-1). Nobody had expected this one year before in Paris - the entry into force of the Kyoto Protocol, by comparison, had taken eight years. Many hailed the rapid entry into force as further proof of the commitment of the world community to finally tackle the climate problem.
The inclusion of references to human rights in the Paris Agreement was celebrated as a milestone towards greater integration of human rights in environmental and climate governance. Beyond their symbolic value, the significance of these provisions however depends on the extent to which they inform the implementation of the Paris Agreement both at the national and international levels. This article takes stock of the integration of human rights in climate governance and identifies concrete opportunities to ensure that human rights considerations are included in the Paris Implementation Guidelines to be adopted at COP-24, promoting climate action that aligns with Parties' human rights obligations. We first consider the relevance of human rights to climate action and the incremental recognition of these linkages in the international climate regime - both in the lead up to the adoption of the Paris Agreement and since. We then consider in specific terms how human rights could inform five key dimensions of the Paris Agreement's Implementation Guidelines: NDC guidance, adaptation communications, transparency framework, global stocktake, and the article 6 mechanisms. This article will reflect on past experience of how climate policy impacts human rights and on proposals put forward in the context of the negotiations of the implementation guidelines. It concludes with recommendations on a right-based approach to the implementation of the Paris Agreement.
The 2010 UN climate conference in Cancún emphasized that "Parties should, in all climate change related actions, fully respect human rights". However, so far there is no further guidance. This article discusses the relevant legal human rights norms and two case studies from the Kyoto Protocol's Clean Development Mechanism (CDM). The first case (Bajo Aguán, Honduras) shows that the current absence of any international safeguards can lead to registration of highly problematic projects. The second case (Olkaria, Kenya) suggests that safeguards, introduced here as a side effect of World Bank involvement, can have a positive impact, but that it is necessary to have them based on human rights. It therefore seems recommendable that the UN climate regime develop mandatory human rights safeguards. In addition or alternatively, individual buyer countries or groups of countries, such as the European Union, could introduce their own additional requirements for CDM projects.
Two for one : integrating the sustainable development agenda with international climate policy
(2017)
2015 was a watershed for international sustainability governance. With the Paris climate agreement and Agenda 2030, the international community adopted new targets and processes which are to guide policy for decades to come. Both emphasise the need for integration. In practice, however, climate change and sustainable development have so far been siloed issues.
From 7 to 18 November 2016, the twenty-second Conference of the Parties (COP22) to the United Nations Framework Convention on Climate Change (UNFCCC) took place in Marrakech. Due to the early entry into force of the Paris Agreement, Marrakech also hosted the first Conference of the Parties serving as Meeting of the Parties to the Paris Agreement (CMA1). Researchers from the Wuppertal Institute observed the conference and elaborated a detailed analysis of the results. The report starts by discussing developments regarding the implementation of the Paris Agreement, in particular the detailed "rulebook" and cooperative mechanisms. Next, the article discusses developments in the various avenues for raising climate ambition that have been put in place by the Paris conference: the 2018 facilitative dialogue, the engagement of non-state and sub-national actors, and the elaboration of mid-century climate strategies. In addition, the article discusses other Marrakech developments, in particular on issues of climate finance and adaptation, as well as recent developments in the wider world that have an impact on the UNFCCC, in particular developing alliances, developments in the International Civil Aviation Organisation (ICAO) and under the Montreal Protocol, and possible repercussions of the US presidential election.
Global climate
(2017)
On 12 December, the twenty-first Conference of Parties (COP-21) of the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement. This marked the conclusion of the long process of crafting a new international climate regime that began with the adoption of the Bali Roadmap in 2007, failed spectacularly in Copenhagen in 2009, and resumed with a new approach in Durban 2011. This article summarizes and analyzes the main contents of the Paris Agreement.
US-Präsident Donald Trump verkündete am Nachmittag des 1. Juni 2017 im Rosengarten des Weißen Hauses, dass er das Pariser Klimaabkommen aus dem Jahr 2015 kündigen wolle. Was bedeutet dieser Schritt der USA für den globalen Klimaschutz? Dieser in brief zeigt, in welcher Weise die an Klimaschutz interessierten Staaten sich am besten organisieren, um das Pariser Klimaabkommen und die globale Klimapolitik erfolgreich weiterzuführen.
On 8 November 2016, Donald Trump was elected to become the 45th President of the United States of America. In his campaign, he repeatedly expressed his intention to "cancel the Paris Agreement". How can the course set with the adoption of the Paris Agreement be continued independently of the developments in the US? Lukas Hermwille and Wolfgang Obergassel sketch possible consequences of the sea change of US climate policy for the international negotiation process and identify options for a "Trump-resilient" way forward.
Measures to address climate change can result in human rights violations when the rights of affected populations are not taken into consideration. Climate change projects in so-called "developing" countries are often financed and/or also implemented by industrialised countries. The research project ClimAccount Human Rights Accountability of the EU and Austria for Climate Policies in Third Countries and their possible Effects on Migration focused on the accountability of the EU and its Member States with regard to negative impacts of climate change measures they are involved in on human rights in third countries - especially those associated with "migration effects". Based on three case studies - projects registered under the Kyoto Protocol's Clean Development Mechanism - the human rights dimension of climate change action was discussed, areas of human rights concerns that were discernible in all three case study projects were identified, the issue of extraterritorial human rights obligations was analysed and the subject of access to justice was scrutinized.
Shaping the Paris mechanisms part III : an update on submissions on article 6 of the Paris Agreement
(2017)
At the 46th meeting of the UNFCCC's subsidiary bodies in Bonn, it was decided that Parties submit their input on selected aspects of the Art. 6 negotiations shortly before COP 23, taking place in Bonn in early November. This Policy Paper summarises the views submitted in October 2017 to identify points of controversy and convergence. It builds on previous papers summarising the views submitted in September 2016 and March 2017, respectively.
Shaping the Paris mechanisms part II : an update on submissions on article 6 of the Paris Agreement
(2017)
Article 6 of the Paris Agreement established three approaches for countries to cooperate with each other: cooperative approaches under Art. 6.2, a new mechanism to promote mitigation and sustainable development under Art. 6.4, and a framework for non-market approaches under Art. 6.8. Detailed rules for these three approaches are currently being negotiated.
This Policy Paper summarises the views submitted by Parties in March 2017 to identify points of controversy and convergence. It builds on a previous paper which summarised views submitted in September 2016.
Compared to the 2016 round of submissions, some conceptual advances can be noted. However, a number of issues continue to be controversial with little indication of a convergence of views.
This article analyses the human rights implications of projects under the Clean Development Mechanism (CDM) of the United Nations Framework Convention on Climate Change (UNFCCC). While the CDM is likely to expire in the near future, the experience gained should be used to inform the rules of the new mechanism to be established under the 2015 Paris Agreement. We argue that the CDM and the new mechanism, as international organizations under the guidance of UNFCCC member states, should apply the UN Guiding Principles on Business and Human Rights. Based on the experience drawn from three case studies (two hydro power projects in Barro Blanco, Panama, and Bujagali, Uganda, and one geothermal energy project in Olkaria, Kenya), we show that CDM projects, while in formal compliance with CDM rules, can lead to a number of human rights infringements. We conclude with a number of recommendations on how to achieve a greater recognition of human rights in the new mechanism under the Paris Agreement.
On 12 December 2015, the Parties to the UNFCCC adopted the "Paris Agreement". With this step, the world community has agreed on a collective and cooperative path to fight human-induced climate change: After 25 years of UN climate diplomacy, the world's governments have for the first time in history negotiated a treaty which envisages climate action by all nations. The Agreement sets the world on a path that might lead to a decarbonised economy in the second half of the century. Researchers from the Wuppertal Institute have observed COP 21 and elaborated a detailed analysis of the results. The assessment provides an overview of the most important negotiation outcomes, assesses their results as well as shortfalls and provides an outlook of the next steps needed to implement the Paris Agreement's goals and to set the world firmly on a non-fossil based development path.
On 12 December 2015, the Parties to the UNFCCC adopted the "Paris Agreement". With this step, the world community has agreed on a collective and cooperative path to fight human-induced climate change: After 25 years of UN climate diplomacy, the world's governments have for the first time in history negotiated a treaty which envisages climate action by all nations. The Agreement sets the world on a path that might lead to a decarbonised economy in the second half of the century. Researchers from the Wuppertal Institute have observed COP 21 and elaborated a detailed analysis of the results. The assessment provides an overview of the most important negotiation outcomes, assesses their results as well as shortfalls and provides an outlook of the next steps needed to implement the Paris Agreement's goals and to set the world firmly on a non-fossil based development path.
Die internationale Klimapolitik tritt in ein neues Zeitalter unter teils widersprüchlichen Vorzeichen ein: Während das US-Wahlergebnis auf erschwerte Rahmenbedingungen für die Bekämpfung des Klimawandels hindeutet, konnten auf der UN-Ebene bei der COP22 in Marrakech einige Fortschritte erzielt werden. Lukas Hermwille und Wolfgang Obergassel zeigen die verschiedenen Szenarien auf, die sich damit für eine ambitionierte internationale Klimapolitik ergeben.
On 8 November 2016, Donald Trump was elected to become the 45th President of the United States of America. In his campaign, he repeatedly expressed his intention to "cancel the Paris Agreement". How can the course set with the adoption of the Paris Agreement be continued independently of the developments in the US? The authors sketch possible consequences of the sea change of US climate policy for the international negotiation process and identify options for a "Trump-resilient" way forward.
Article 6 of the Paris Agreement established three approaches for countries to cooperate with each other: cooperative approaches, a new mechanism to promote mitigation and sustainable development ("sustainable development mechanism"), and a framework for non-market approaches. However, while the "sustainable development mechanism" seems familiar as its principles strongly resemble the Kyoto Protocol's Clean Development Mechanism (CDM), the other two approaches have so far not been clearly defined conceptually. This JIKO Policy Paper summarizes the views by Parties and observes that were submitted at the end of September and reveals some sharp differences in opinions on how Art. 6 should work.