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Brief Overview of Legal Framework: UNFCCC and Kyoto Protocol

This brief overview provides an introduction to the legal framework of the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. It covers commitments, obligations, and mechanisms related to mitigation, adaptation, reporting, and gathering and disseminating information. The progress of the Kyoto Protocol is also discussed.

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Brief Overview of Legal Framework: UNFCCC and Kyoto Protocol

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  1. Brief Overview of Legal Framework:UNFCCC and Kyoto Protocol M.J.Mace Climate Change and Energy Programme, FIELD LDC Workshop Montreal Canada 24-25 November

  2. Developed and Developing Country Commitments • Mitigation • Adaptation • Reporting to COP • Gathering and Disseminating Information

  3. Basic Convention Elements • Article 1 – Definitions • Article 2 – Objective • Article 3 – Principles • Article 4 – Commitments • Article 5 – Research and Systematic Observation • Article 6 – Education, Training and Public Awareness • Article 9 – SBSTA • Article 10 – SBI • Article 11 – Financial Mechanism • Article 12 – National Communications

  4. CommitmentsArticle 4 • 4.1 – Commitments for all Parties • mitigation • adaptation • Reporting • 4.3 – Funding for developing countries • 4.4 – Funding for PV developing countries • 4.5 – Technology Transfer (adaptive techs) • 4.7 – Links commitments to funding and TT • 4.8 – Actions for developing countries • 4.9 – Actions to consider special needs of LDCs

  5. Mitigation Obligations • develop GHG inventories - 4.1(a) • formulate national and regional programmes containing mitigation and adaptation measures - 4.1(b) • cooperate in development and transfer of technology in all relevant sectors that reduce or prevent emissions 4.1(c) • promote sustainable management of sinks - 4.1(d) • take climate change into consideration in social, economic and environmental policies - 4.1(f)

  6. Adaptation Obligations • formulate national and regional programmes containing mitigation and adaptation measures 4.1(b) • cooperate in preparing for adaptation; develop integrated plans for coastal zone management, water resources and agriculture and for the protection of areas affected by drought and flood 4.1(e) • take climate change into consideration in social, economic and environmental policies (4.1(f))

  7. Reporting Obligations • National communications to the COP, with information related to implementation (Art. 4 (j)) • National inventory of GHGs by sources and sinks • Steps taken or envisaged to implement the Convention • Projects for financing, including technologies and estimate of incremental costs of reductions of GHGs

  8. Gathering and Disseminating Information Obligations • promote and cooperate in scientific research, systematic observation, development of data archives (4.1(g) / Art. 5) • promote and cooperate in education, training and public awareness related to climate change (4.1(i) / Art. 6)

  9. Kyoto Protocol: the Target • Annex I UNFCCC (Developed) Countries • Reduce their aggregate emissions by at least 5 percent below 1990 levels between 2008 and 2012 • Limitation or Reduction Commitments (QELRCs) for each Annex I Party are listed in Annex B of the Kyoto Protocol

  10. Global Warming Potential:6 GHGs

  11. Individual Targets United States: 93% Australia: 108% New Zealand: 100% Japan: 94% European Community: 92% Russian Federation: 100%

  12. Kyoto Protocol: Flexibility 3 “Flexible” Mechanisms: • Joint Implementation (Article 6 KP) • Clean Development Mechanism (Article 12 KP) • Emissions Trading (Article 17 KP)

  13. Example Assume cost of reducing emissions by 1 metric tonne is • US - $10 by using pollution controls, or imposing regulations on waste emissions (plus political cost) • Russia - $7 tonne, because old industrial processes, coal-fired plants • India- $6tonne through fuel switching. • African country – by the planting of trees or shrubs, $4 • hot air situation – market price – but won’t know price until KP off the ground

  14. Flexibility Mechanisms • Do NOT reduce global emissions • but create flexibility WHERE and by WHOM reductions are made – optimizing the use of cheap reduction options • Use of CDM increases total allowed domestic Annex I, as projects in developing countries are used to generate credits to offset emissions in developed countries

  15. Kyoto Protocol: Flexibility 3 “Flexible” Mechanisms: Joint Implementation Article 6 (ERUs) Clean Development Mechanism Article 12 (CERs) Emissions Trading Article 17 (AAUs) A1 A1 A1 A1 NA1 A1 A1 A1

  16. Kyoto Protocol Progress • EIF February 16, 2005 • 5% below 1990 levels in aggregate to be achieved by 2008-2012 – 1st Commitment Period • By 2005, each country must have made ‘demonstrable progress.’ (Art. 3.2) • COP to initiate consideration of commitments for subsequent periods in 2005 (Art. 3.9) • First COP/MOP – November 2005

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