Paris Agreement - Rau's IAS

The Paris Agreement is a legally binding international treaty on climate change. It was adopted by 196 Parties at COP 21 in Paris, in 2015.
Its goal is to limit global warming to well below 2, preferably to 1.5^o Celsius, compared to pre-industrial levels. To achieve this long-term temperature goal, countries aim to reach global peaking of greenhouse gas emissions as soon as possible to achieve a climate-neutral world by mid-century.
The agreement aims to increase the ability of countries to deal with the impacts of climate change, and at making finance flows consistent with low GHG emissions and climate-resilient pathways.
To reach these ambitious goals, appropriate mobilization and provision of financial resources, a new technology framework and enhanced capacity-building is to be put in place, thus supporting action by developing countries and the most vulnerable countries, in line with their national objectives.
The Agreement also provides for an enhanced transparency framework for action and support.
The Paris Agreement requires all Parties to put forward their best efforts through “nationally determined contributions” (NDCs) and to strengthen these efforts in the years ahead.
This includes requirements that all Parties report regularly on their emissions and their implementation efforts.
There will also be a global stock take every 5 years to assess the collective progress towards achieving the purpose of the agreement and to inform further individual actions by Parties.
To make the Paris Agreement fully operational, a work program was launched in Paris to develop modalities, procedures and guidelines on a broad array of issues. Since 2016, Parties work together in the subsidiary bodies (APA, SBSTA and SBI) and various constituted bodies.

Important Provisions of Paris Agreement

Long-term temperature goal (Art. 2): limiting global temperature increase to well below 2^oC, while pursuing efforts to limit the increase to 1.5^oC.

Global peaking and ‘climate neutrality’ (Art. 4): To achieve this temperature goal, Parties aim to reach global peaking of greenhouse gas emissions (GHGs) as soon as possible, recognizing peaking will take longer for developing country Parties, to achieve a balance between anthropogenic emissions by sources and removals by sinks of GHGs in the second half of the century.

Mitigation (Art. 4): The Paris Agreement establishes binding commitments by all Parties to prepare, communicate and maintain a nationally determined contribution (NDC) and to pursue domestic measures to achieve them.

It also prescribes that Parties shall communicate their NDCs every 5 years and provide information necessary for clarity and transparency.

To set a firm foundation for higher ambition, each successive NDC will represent a progression beyond the previous one and reflect the highest possible ambition.

Developed countries should continue to take the lead by undertaking absolute economy-wide reduction targets, while developing countries should continue enhancing their mitigation efforts, and are encouraged to move toward economy-wide targets over time in the light of different national circumstances.

Sinks and reservoirs (Art.5): The Paris Agreement also encourages Parties to conserve and enhance, as appropriate, sinks and reservoirs of GHGs as referred to in Article 4, paragraph 1(d) of the Convention, including forests.

Voluntary Cooperation/Market and Non-Market-based approaches (Art. 6): The Paris Agreement recognizes the possibility of voluntary cooperation among Parties to allow for higher ambition and sets out principles – including environmental integrity, transparency and robust accounting – for any cooperation that involves internationally transferal of mitigation outcomes. It establishes a mechanism to contribute to the mitigation of GHG emissions and support sustainable development and defines a framework for non-market approaches to sustainable development.

Adaptation (Art. 7): The Paris Agreement establishes a global goal on adaptation – of enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change in the context of the temperature goal of the Agreement. It aims to significantly strengthen national adaptation efforts, including through support and international cooperation. It recognizes that adaptation is a global challenge faced by all. All Parties should engage in adaptation, including by formulating and implementing National Adaptation Plans, and should submit and periodically update an adaptation communication describing their priorities, needs, plans and actions. The adaptation efforts of developing countries should be recognized.

Adaptation

The world is already experiencing changes in average temperature, shifts in the seasons and an increasing frequency of extreme weather events and other climate change impacts and slow onset events.
The faster the climate changes and the longer adaptation efforts are put off, the more difficult and expensive it could be. Adaptation refers to adjustments in ecological, social, or economic systems in response to actual or expected climatic stimuli and their effects or impacts.
It refers to changes in processes, practices, and structures to moderate potential damages or to benefit from opportunities associated with climate change.
In simple terms, countries and communities need to develop an adaptation solution and implement action to respond to the impacts of climate change that are already happening, as well as prepare for future impacts.

Loss and damage (Art. 8): The Paris Agreement recognizes the importance of averting, minimizing and addressing loss and damage associated with the adverse effects of climate change, including extreme weather events and slow onset events, and the role of sustainable development in reducing the risk of loss and damage. Parties are to enhance understanding, action and support, including through the Warsaw International Mechanism, on a cooperative and facilitative basis to loss and damage associated with the adverse effects of climate change.

Finance, technology and capacity-building support (Art. 9, 10 and 11): The Paris Agreement reaffirms the obligations of developed countries to support the efforts of developing country Parties to build clean, climate-resilient futures, while for the first time encouraging voluntary contributions by other Parties. Provision of resources should also aim to achieve a balance between adaptation and mitigation. In addition to reporting on finance already provided, developed country Parties commit to submit indicative information on future support every two years, including projected levels of public finance. The agreement also provides that the Financial Mechanism of the Convention, including the Green Climate Fund (GCF), shall serve the Agreement.

Transparency (Art. 13), implementation and compliance (Art. 15): The Paris Agreement relies on a robust transparency and accounting system to provide clarity on action and support by Parties, with flexibility for their differing capabilities of Parties. In addition to reporting information on mitigation, adaptation and support, the Agreement requires that the information submitted by each Party undergoes international technical expert review. The Agreement also includes a mechanism that will facilitate implementation and promote compliance in a non-adversarial and non-punitive manner and will report annually to the CMA.

Global Stocktake (Art. 14): A “global stocktake”, to take place in 2023 and every 5 years thereafter, will assess collective progress toward achieving the purpose of the Agreement in a comprehensive and facilitative manner. It will be based on the best available science and its long-term global goal. Its outcome will inform Parties in updating and enhancing their actions and support and enhancing international cooperation on climate action.

Common but differentiated responsibilities (CBDR)

It is a principle of international environmental law establishing that all states are responsible for addressing global environmental destruction yet not equally responsible. The principle balances, on the one hand, the need for all states to take responsibility for global environmental problems and, on the other hand, the need to recognize the wide differences in levels of economic development between states.
These differences in turn are linked to the state’s contributions to, as well as their abilities to address, these problems. CBDR was formalized in international law at the 1992 United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro.
Under the principle of “common but differentiated responsibility and respective capabilities” set out in the Convention, developed country Parties are to provide financial resources to assist developing country Parties in implementing the objectives of the UNFCCC. The Paris Agreement reaffirms the obligations of developed countries, while for the first time also encouraging voluntary contributions by other Parties.

Polluter Pays

‘Polluter pays’ principle is the commonly accepted practice that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment. For instance, a factory that produces a potentially poisonous substance as a by-product of its activities is usually held responsible for its safe disposal. The polluter pays principle is part of a set of broader principles to guide sustainable development worldwide (formally known as the 1992 Rio Declaration).

India’s Paris Agreement Targets

India ratified the Paris Agreement exactly one year after the submission of its Intended Nationally Determined Contribution (INDC), on 2 October 2016. Since India did not submit an NDC prior to ratification, the INDC became its first NDC. It includes the following main elements (Government of India, 2015):

To reduce the emissions intensity of GDP by 33%–35% by 2030 below 2005 levels.
To increase the share of non-fossil-based energy resources to 40% of installed electric power capacity by 2030, with help of transfer of technology and low-cost international finance including from Green Climate Fund (GCF).
To create an additional (cumulative) carbon sink of 2.5–3 GtCO2e through additional forest and tree cover by 2030.

India does not specify the coverage and metrics of the emissions intensity target in its NDC.

As per the updated NDC, India now stands committed to reduce Emissions Intensity of its GDP by 45% by 2030, from 2005 level and achieve about 50% cumulative electric power installed capacity from non-fossil fuel-based energy resources by 2030.

Apex Committee for the Implementation of the Paris Agreement: Key Facts

The Apex Committee for the Implementation of the Paris Agreement (AIPA) was recently constituted by the Indian government to ensure coordinated response to climate change matters and to keep the country on track towards meeting its climate change obligations under the Paris Agreement, which includes Nationally Determined Contributions (NDCs).
It will act as the national authority for regulating carbon markets within the country.
The committee was formed under the chairmanship of Union Ministry of Environment, Forest and Climate Change secretary.