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13 November 2015, Carbon Brief, Explainer: The legal form of the Paris climate agreement. The aim of the UN summit in Paris is to seal a universal, international agreement on avoiding dangerous climate change, that has legal force. In broad terms, this means the Paris agreement is almost certain to include a legally binding treaty at its core, despite headlines to the contrary. Yet the treaty’s precise legal form remains unclear. What will the treaty bind countries to do? Will it even be called a treaty? Carbon Brief has read the lengthy legal texts and spoken to the experts on the legal form of the Paris climate agreement — and whether the legal form matters.

  • The basis for the Paris agreement
  • Why a treaty is not always a treaty
  • Why legal form matters
  • What legally-binding means
  • Will targets be binding?
  • An agreement applicable to all
  • Why legal form doesn’t matter

Read More here

 

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12 November 2015, Common Dreams, France Wonders If Kerry ‘Confused’ on Upcoming Climate Talks. Kerry’s comments that there will be no legally binding agreement from COP21 puts him at odds with voices around the world. John Kerry’s statement that the upcoming United Nations climate talks in Paris will result in no “legally binding” agreement on emissions reductions is being met with rebuffs on Thursday, including a retort that the U.S. Secretary of State must be “confused.” In an interview with the Financial Times Wednesday, Kerry said the outcome of the talks known as COP21 was “definitely not going to be a treaty,” and would not include “legally binding reduction targets like Kyoto,” referring to the 1997 Protocol that did call for such binding targets. Kerry said later on Wednesday speaking at Old Dominion University that “we are seeking to reach an ambitious, durable, and inclusive agreement at the UN climate conference next month in Paris. That’s our goal.” Kerry’s French counterpart, Laurent Fabius, shot back at Kerry’s take. “Jurists will discuss the legal nature of an accord on whether it should be termed as a treaty or an international agreement,” Reuters quotes Fabius as telling press. “But the fact that a certain number of dispositions should have a practical effect and be legally binding is obvious so let’s not confuse things, which is perhaps what Mr Kerry has done,” he said. The EU made its position clear in September, stating that the bloc “is pressing for a global, fair, ambitious and legally binding international treaty that will prevent global warming from reaching dangerous levels.” Read More here

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9 November 2015, Energy Post, The biggest sticking point in Paris: money. In the run-up to the Paris climate change conference, there is much focus on countries’ voluntary commitments to reduce greenhouse gas (GHG) emissions (their so-called Intended Nationally Determined Contributions). But much less attention is paid to a part of the negotiations that is just as important, writes Henrik Selin of Boston University: how to finance the efforts of developing countries at mitigation and adaptation. The national climate plans (INDCs) are, of course, a significant aspect of any global effort to address the climate change threat. But another critical policy issue that is at the center of the Paris agenda is an age-old one: money. Going into the negotiations, there is a goal to scale up existing efforts toward providing US$100 billion a year to support climate change action primarily in developing countries by 2020. Ideally, these efforts should also contribute to long-term sustainable development. Many Paris financing debates will focus on how to most appropriately use the recently created Green Climate Fund (GCF) – the new main multilateral vehicle for helping developing countries to lower their GHG emissions and adapt to the effects of climate change. However, there remain significant questions about how the GCF will function, how it will operate alongside other organizations, and how effective the overall financing system may be. Indeed, the unresolved money question was front and center in the just-concluded Bonn talks, which were intended to pave the way for a Paris agreement. How will it work? Read More here

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6 November 2015, Carbon Brief, Look beyond emissions gap to see full force of climate pledges, says UNEP report. Climate pledges submitted to the UN reduce the emissions gap between current action and what is needed to avoid dangerous climate change, with social and political effects that reach far beyond their impact on aggregate emissions. That’s the optimistic conclusion of the latest UN Environment Programme (UNEP)Emissions Gap Report, published this morning. Nevertheless, it confirms that the collective ambition of Intended Nationally Determined Contributions (INDCs) is “far from enough”, leaving a “very significant” emissions gap in 2030. The analysis comes just a week after a similar report from the UN climate body the UNFCCC, which aggregated the impact of the 119 INDCs submitted by 1 October. While many of the conclusions are similar, today’s UNEP report goes beyond a simple adding up pledges and considers the wider impacts of the INDCs, as well as options for closing the emissions gap through enhanced action, sub-national initiatives and efforts to reduce deforestation. Bending the curve. Like last week’s report, UNEP concludes that the INDCs represent a real increase in ambition, compared to the policies in place before the pledges were made. Some of the INDCs include both conditional and unconditional elements. However, even if fully implemented, the INDCs would leave emissions on an upwards trajectory in 2030, UNEP says. 

A gap of 12-14 gigatonnes of CO2 equivalent remains between emissions in 2030 and the cost-effective path to staying below 2C, it concludes. The 2C limit is the internationally agreed goal for avoiding the worst effects of climate change. All these points are illustrated on the UNEP graphic, below. The baseline scenario shows what might have happened to emissions if no new climate policies had been implemented after 2010. Current policies means what was in place before any INDCs were submitted in March. Read More here

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