Balancing Ambition And Realism: The Paris Agreement

KEY TAKEAWAYS OF THE AGREEMENT:

5. Long-term temperature goals seeking to strengthen the global response to climate change.
5. Diminution of emissions to build resilience to the impacts of climate change. 
5. Each participating country is expected to submit and regularly update its climate action plan known as Nationally Determined Contributions (NDCs).
5. Parties must transparently report their emissions and progress in implementing their NDCs.
5. Developed countries are obligated to provide financial resources to developing countries to assist in their climate actions.
5. The Warsaw International Mechanism is established to address loss and damage.
5. A periodic global stocktake is conducted to assess collective progress toward the Agreement’s goals.

INTRODUCTION

In recent times, there has been a growing recognition of the critical necessity to curtail global warming to the 1.5°C target by the close of the century. This urgency arises from the Intergovernmental Panel on Climate Change’s warning that breaching the 1.5°C threshold could trigger considerably graver climate disruptions, including more frequent and severe droughts, heatwaves, and rainfall.

To limit global warming 1.5°C, emissions of greenhouse gases need to culminate by no later than 2025 and subsequently drop by 43% come 2030. The Paris Agreement is a monumental milestone in the realm of multilateral climate action and for the first time in history, it binds nations universally in the battle against climate change and the pursuit of adaptive measures.

The Paris Agreement adopted on 12^th December 2015, at the 21^st Conference of the Parties (COP 21) in Paris is a representation of the international effort to combat climate change. The mould-breaking agreement received the support and commitment of 196 participating nations and regional economic integration organizations that are Parties to the United Nations Framework Convention on Climate Change (UNFCCC). The agreement captures the essence of an accord that emphasizes transparency, accountability, and the principle of common but differentiated responsibilities among countries, forging a path toward a more sustainable, resilient, and climate-friendly future.  

INTERPRETATION OF THE ARTICLES

The Paris Agreement consists of 29 articles that outline its essential components and provisions. They establish the legal framework for how countries should collectively address the climate crisis with every article outlining specific obligations and mechanisms that Parties to the agreement must adhere to.

Articles 1-3 establish its fundamental goals and principles. Article 1’s primary objective is to constrain global warming significantly below 2°C and endeavouring to cap it at 1.5°C and Article 2 expounds on crucial principles, encompassing sustainable development and the doctrine of common but differentiated responsibilities and respective capabilities (CBDR-RC). Article 3 accentuates the imperative to achieve goals set in Article 2, urging nations to continually enhance their nationally determined contributions (NDCs).

Article 4 focuses on the primary objective of fortifying the ability to adapt, strengthening resilience, and mitigating vulnerability to the impacts of climate change, all in the context of fostering sustainable development. It acknowledges the global challenge of adaptation, particularly for developing nations that are susceptible to the effects of climate change. It highlights the importance of international collaboration and support for effective adaptation strategies.

Article 5 emphasizes the necessity of countries, especially developing countries, to boost their ability to combat climate change. It stresses the importance of financial and technological assistance from developed nations, promotes sustainable development, and calls for transparency in climate actions.

Article 6 addresses the pivotal issue of international cooperation in combating climate change. It introduces 2 key mechanisms:

1. Mitigating greenhouse gas emissions through various approaches, including market and non-market approaches.
2. Emphasizing sustainable development while upholding environmental integrity.

It establishes a supervisory body responsible for overseeing and ensuring the effective implementation of these mechanisms. This article plays a crucial role in facilitating global climate action and fostering cooperation among nations.

Article 7 plays an important role in guiding global efforts to cope with the consequences of climate change and helps ensure that communities and ecosystems focus on the need for support, while Article 8 delves into the matter of loss and damage attributed to climate change. It establishes the Warsaw International Mechanism for Loss and Damage and presses on the importance of sustainable developments in reducing the risk of such loss and damage. Furthermore, it advocates for risk insurance solutions, climate risk pooling, and the fortification of communities, livelihoods, and ecosystems.

The matter of financial support is dealt with in Article 9. The responsibility of developed countries is to provide financial resources to help developing countries in their adaptation and mitigation efforts, in line with their existing commitments under the Convention. While developed countries are encouraged to voluntarily offer support, the primary obligation lies with them. The Agreement establishes the Technology Mechanism in Article 10, which serves as a framework guiding the work related to technology development and transfer. Parties to the Agreement recognize the pivotal role of innovation supported by financial means from the Financial Mechanism of the Convention, and collaborative research and development.

The significance of capacity-building and climate change education, awareness, and public engagement is discussed in Articles 11 and 12 of the Paris Agreement. Article 11 highlights the need to enhance the capacity of developing countries in various aspects of climate action. Meanwhile, article 12 underscores the importance of education, training, public awareness, participation, and access to climate information.

Article 13 ensures the transparency of parties in their climate actions, and promotion of global efforts to combat climate change effectively. It emphasizes the principle of equity and encourages the participation of all parties.

The Paris Agreement in Article 14, outlines the process for the ‘global stocktake’, which is a periodic assessment of the collective progress made by parties to the agreement in achieving its goals. The important aspects of the article are:

1. Regular Assessment
2. Comprehensive Review
3. First Global Stocktake
4. Informed Decision-making

The mechanism to facilitate compliance with the agreement’s provisions has been established in Article 15. It consists of a committee that operates in a transparent, non-adversarial, and non-punitive manner, focusing on national capabilities and circumstances. This committee reports annually to the Conference of the Parties (COP) serving as the meeting of the parties to the Agreement.

Article 16 designates the COP as the supreme body of the Convention, serving as the meeting of the parties to the Agreement. It allows non-party Convention members to participate as observers during its sessions. The article also stipulates the regular review of the Agreement’s implementation, establishment of subsidiary bodies, and adherence to the rules of procedure.

Articles 17, 18, and 19 collectively address administrative and procedural aspects of the agreement. Article 17 designates the secretariat of the Convention as the secretariat of the Agreement, governing its functions. Article 18 designates the subsidiary body for scientific and technological advice and the subsidiary body for implementation as counterparts. Article 19 permits the establishment of additional subsidiary bodies or institutional arrangements for the Agreement, subject to the COP’s decision.

Article 20 outlines the procedures for countries and regional economic integration organizations to join the agreement through signature, ratification, acceptance, approval, or accession. The agreement was available for signature between 22^nd April 2016 to April 21, 2017.

Article 21 provides the procedure for amending the Paris Agreements. It allows the parties to propose amendments, once adopted, these amendments can enter into force for parties that accept them. In Article 22 the provisions of Article 15 are applied and deal with the adoption and amendment of annexes to the agreement. The dispute settlement provisions of Article 14 have been ensured in Article 23 and provide the mechanism for resolving disputes related to the interpretation or application of the agreement. Article 24 designates the United Nations Secretary-General as the Depository of the Paris Agreement. The Depository is responsible for receiving and keeping all official documents related to the agreement.

The voting rights are addressed in Article 25 of the Agreement. Each party holds one vote but regional economic integration organizations can vote based on the number of their member states that are parties to the agreement, provided they do not vote concurrently with their member states. This ensures a fair representation of interests and reinforces cooperation.

Article 26 designates the Secretary-General of the United Nations as the Depositary of the agreement. The Depositary’s role is to receive, maintain, and make official documents available, enhancing transparency and administrative efficiency, while Article 27 stipulates that no reservations can be made to the agreement. This is to uphold the integrity and uniformity of the commitments made by parties, preventing deviations from the common objectives.

The withdrawal process and the original text’s deposit are outlined in Articles 28 and 29. Article 28 allows parties to withdraw from the agreement, but only after three years from the agreement’s entry into force for them, with a one-year notice period. 

Finally, Article 29 establishes the original text’s deposit with the UN Secretary-General as the fundamental record of the Agreement. It ensures uniformity and authenticity in implementing the Paris Agreement. It also reaffirms that no reservations can be made to this accord, emphasizing the collective and cooperative nature of global climate action.

CONCLUSION

Over the years, developing countries have expressed discontent with the disproportionate focus on emissions mitigation in comparison to climate change adaptation. The Paris Agreement rectifies this by placing an obligation on developed countries to extend financial and technological issues for adaptation initiatives.

The French Foreign Minister, Laurent Fabius, who presided over the summit, described the summit as “equitable, enduring, dynamic, well-balanced, and legally binding.”

While the Paris Agreement’s objectives demand a substantial escalation in climate action, the period since its inception has instigated the emergence of low-carbon innovations and fresh market opportunities. Numerous countries, regions, cities, and businesses are now setting ambitious carbon-neutral objectives. Competitive, zero-carbon solutions are gaining ground, especially in sectors contributing to 25% of emissions, notably in energy and transportation. This transition has unlocked a multitude of business prospects for pioneers. Projections suggest that by 2030, zero-carbon alternatives may compete effectively in sectors responsible for more than 70% of global emissions.