Adaptation and loss & damage in international climate change law

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1 Adaptation and loss & damage in international climate change law Cathrine Ramstad Wenger legal advisor/climate change negotiator University of Oslo, 31. October

2 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

3 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.

4 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)).

5 Loss and damage - definition Actual and/or potential manifestation of climate impacts that negatively affect human and natural systems Mitigatio n Development Adaptation Risk management /L&D

6 Adaptation and L&D to what?

7 Framing adaptation and loss and damage 7

8 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

9 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

10 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?

11 The UNFCCC framework United Nations Framework Convention on Climate Change (1992) Kyoto Protocol (1997) Paris Agreement (2015) COP decisions

12 Adaptation under the Convention 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.

13 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).

14 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)

15 Components of L&D Economic Non-economic Risk transfer (insurance) Compensation schemes Migration Highly politicized topic COP-decisions; key milestones pre Paris Vanuatu proposal for insurance of Island states that compensate 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)

16 Relevant framework COP/MOP Adaptation Fund SBI SBSTA Buenos Aires Programme of Action 2004 Least Developed Countries Fund 2001 Nairobi Work Programme 2005

17 The framework post COP 16 - Cancun 2010 ADP COP/MOP Adapt.Fund GCF SBI SBSTA Adaptation Committee Nairobi work programme Cancun Adaptation Framework Loss and damage National Adaptation Plans LDCF

18 The framework post COP 21 Paris 2015 APA / CMA1 COP/MOP Adaptation Fund GCF Adaptation communication SBI SBSTA Adaptation Committee Nairobi work programme Loss and damage National Adaptation Plans LDCF (NAPA/NAPs)

19 The adoption of the Paris Agreement

20 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

21 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

22 Adaptation in the Paris Agreement 1/3 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

23 Adaptation in the Paris Agreement 2/3 - 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 Photo: Sergej Khakimullin

24 Adaptation in the Paris Agreement 3/3 - Adaptation communication - Support for developing countries, in particular the most vulnerable - Adaptation in the global stocktake

25 How is the principle of CBDR-rc-ilonc reflected for adaptation? Discussion

26 Parisavtalens arbeidsprosesser for Loss and damage in the Paris Agreement Tilpasningskomiteen Gjennomgang av institusjoner Vurdere metodikk/veiledning for å evaluere tilpasningsbehov ("adaptation needs") Recognises the necessity of adressing loss and Utarbeide metodikk for å anerkjenne u-lands tilpasningsarbeid. damage at the international level Tilpasningskomiteen og LEG Tilpasningskomiteen, LEG og SCF tilpasning Utarbeide metodikk og anbefalinger for å fasilitere støtte for tilpasning til u-land; gjennomgang av om støtte er tilstrekkelig og effektivt benyttet Early warning systems, risk assessments, WSII: insurance Norges innsending et al ("submission") til teknisk gjennomgang av tilpasning før 2020; formålet er No basis for å identifisere konkrete muligheter for å få økt compensation robusthet, redusere and sårbarhet og økt forståelse for implementering av tilpasningstiltak. liability 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.

27 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

28 The international response (outside of the UNFCCC) The Sendai Framework for Disaster Risk Reduction The UN Sustainable Development Goals The Addis Abeba Action Agenda UNHCR IOM UNCBD UNEP UNDP The World Bank

29 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

30 Sendai Framework for DRR, Strengthening of disaster risk governance Accountability for disaster risk governance Strengthening international cooperation Risk informed donor policies Implementation, follow up and review through UNISDR

31 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.

32 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?

33 Thank you for your attention Photo: David Littschwager/National Geographic Society

34 National Adaptation Plans 5/CP.17

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