Adaptation and loss & damage in

international climate change law

Cathrine Ramstad Wenger

legal advisor/climate change negotiator

University of Oslo, 31. October

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

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.”

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)).

Loss and damage -

definition

Actual and/or potential

manifestation of climate

impacts that negatively affect

human and natural systems

Mitigation

Development Adaptation Risk

management/L&D

Adaptation and L&D to what?

Framing adaptation and loss

and damage

7

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

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

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?

The UNFCCC framework

• United Nations Framework Convention on Climate Change (1992)

• Kyoto Protocol (1997)

• Paris Agreement (2015)

• COP decisions

• 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.

Adaptation under the Convention

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).

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)

Components of

L&D

COP-decisions; key milestones pre Paris

• Economic

• Non-economic

• Risk transfer (insurance)

• Compensation schemes

• Migration

• Highly politicized topic

• Vanuatu proposal for insurance of

Island states that compensate

• 1991 - 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)

Relevant framework 2001-2010

COP/MOP

SBI

Buenos Aires

Programme of Action

2004

Least Developed

Countries Fund 2001

SBSTA

Nairobi Work

Programme

2005

Adaptation Fund

The framework post COP 16 - Cancun 2010

COP/MOP

SBSTA

Nairobi work programme

SBI

Loss and damage

National Adaptation

Plans

LDCF

Adaptation Committee

GCF

ADP

Adapt.Fund

Cancun Adaptation Framework

The framework post COP 21 – Paris 2015

COP/MOP

SBSTA

Nairobi work programme

SBI

Loss and damage

National Adaptation Plans

LDCF (NAPA/NAPs)

Adaptation Committee

GCF

APA / CMA1

Adaptation communication

Adaptation Fund

The adoption of the Paris

Agreement

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

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

Adaptation in the

Paris Agreement 1/3

Foto: newclimate.org

• 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

- 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

Adaptation in the Paris Agreement 2/3

Photo: Sergej Khakimullin

- Adaptation communication

- Support for developing

countries, in particular the

most vulnerable

- Adaptation in the global

stocktake

Adaptation in the Paris Agreement

3/3

Discussion

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

Parisavtalens arbeidsprosesser for

tilpasning • Tilpasningskomiteen

• Gjennomgang av institusjoner

• Vurdere metodikk/veiledning for å evaluere tilpasningsbehov ("adaptation needs")

• Tilpasningskomiteen og LEG

• Utarbeide metodikk for å anerkjenne u-lands tilpasningsarbeid.

• Tilpasningskomiteen, LEG og SCF

• Utarbeide metodikk og anbefalinger for å fasilitere støtte for tilpasning til u-land; gjennomgang av om støtte er tilstrekkelig og effektivt benyttet

• WSII: • Norges innsending ("submission") til teknisk

gjennomgang av tilpasning før 2020; formålet er å identifisere konkrete muligheter for å få økt robusthet, redusere sårbarhet og økt forståelse for implementering av tilpasningstiltak.

• Recognises the necessity of adressing loss and damage at the international level

• Early warning systems, risk assessments, insurance et al

• No basis for compensation and liability

Loss and damage in the Paris Agreement

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.

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

The international response (outside of

the UNFCCC)

• The Sendai Framework for Disaster Risk Reduction 2015 – 2030

• The UN Sustainable Development Goals

• The Addis Abeba Action Agenda

• UNHCR

• IOM

• UNCBD

• UNEP

• UNDP

• The World Bank

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

Sendai Framework for DRR,

2015-2030

• Strengthening of disaster risk

governance

• Accountability for disaster risk

governance

• Strengthening international

cooperation

• Risk informed donor policies

• Implementation, follow up

and review through UNISDR

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.”

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?

Thank you for your attention

Photo: David Littschwager/National Geographic Society

National Adaptation

Plans

5/CP.17