Adaptation Provisions of the UNFCCC & the Kyoto Protocol: Hope or Chimera for Developing States?

Dr. Wil Burns, SCU School of LawOctober 18, 2008

“Mitigation”: Defined

[A]n anthropogenic intervention to reduce the

sources or enhance the sinks of greenhouse

gases. IPCC (2007)

“Adaptation”: Defined

Adjustment in natural or human systems in

response to actual or expected climatic stimuli

or their effects, which moderates harm or

exploits beneficial opportunities.IPCC (2007)

Risk of Adverse Impacts Relative to Projected Temperature Increases in the 21st Century

Projected Changes in California Temperature

UCS

2090swinter

Lower Emissions

Higher Emissions

Adaptation provisions of the UNFCCC;

Adaptation provisions of the Kyoto Protocol;

Assessment of effectiveness of adaptation responses;

The way forward

Roadmap

UNFCCC

Article 4(1)(e)[The Parties shall] 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;

UNFCCC

Article 4(4)

The developed country Parties and other developed Parties included in Annex II shall also assist the developing country Parties that are particularly vulnerable to the adverse effects of climate change in meeting costs of adaptation to those adverse effects.

Obligations to Help the Vulnerable

Article 4(8)8. In the implementation of the commitments in this Article, the Parties shall give full consideration to what actions are necessary under the Convention, including actions related to funding, insurance and the transfer of technology, to meet the specific needs and concerns of developing country Parties arising from the adverse effects of climate change and/or the impact of the implementation of response measures, especially on:

(a). Small island countries;

(b). Countries with low-lying coastal areas;

(c). Countries with arid and semi-arid areas, forested areas and areas liable to forest decay;

(d). Countries with areas prone to natural disasters;

(e). Countries with areas liable to drought and desertification;

(f). Countries with areas of high urban atmospheric pollution;

(g). Countries with areas with fragile ecosystems, including mountainous ecosystems;

(h). Countries whose economies are highly dependent on income generated from the production, processing and export, and/or on consumption of fossil fuels and associated energy-intensive products; and

(i). Land-locked and transit countries

Obligation for Technology Transfers

Article 4(5)The developed country Parties and other developed Parties

included in Annex II shall take all practicable steps to promote,

facilitate and finance, as appropriate, the transfer of, or access

to, environmentally sound technologies and know-how to other

Parties, particularly developing country Parties, to enable them

to implement the provisions of the Convention. In this process,

the developed country Parties shall support the development

and enhancement of endogenous capacities and technologies of

developing country Parties. Other Parties and organizations in a

position to do so may also assist in facilitating the transfer of

such technologies.

Obligation for Technology Funding/Transfers

Article 4(9)

The Parties shall take full account of the specific needs and

special situations of the least developed countries in their

actions with regard to funding and transfer of technology.

UNFCCC

Article 3(5)

The Parties should cooperate to promote a supportive and open international economic system that would lead to sustainable economic growth and development in all Parties, particularly developing country Parties, thus enabling them better to address the problems of climate change.

Kyoto Protocol

Article 10(b)(i)

[The Parties shall]:

(b) Formulate, implement, publish and regularly update national and, where appropriate, regional programmes containing measures . . . to facilitate adequate adaptation to climate change:

(i) Such programmes would, inter alia, concern the energy, transport and industry sectors as well as agriculture, forestry and waste management. Furthermore, adaptation technologies and methods for improving spatial planning would improve adaptation to climate change;

Kyoto Protocol Article 11(2)(b)[The Parties will]:

Also provide such financial resources, including for the transfer

of technology, needed by the developing country Parties to meet

the agreed full incremental costs of advancing the implementation

of existing commitments under Article 4, paragraph 1, of the

Convention that are covered by Article 10 and that are agreed

between a developing country Party and the international entity or

entities referred to in Article 11 of the Convention, in accordance

with that Article.

Special Climate Change Fund

Decision 7/CP.7 (7COP, 2001):– Recognized need for additional funding above that

allocated to the climate focal area of the Global Environmental Facility and through bilateral and multilateral funding;

– Includes funding of adaptation programs that meet criteria established in decision of COP7, i.e. consistent with sustainable development; promote capacity building; focus on long-term adaptation needs in context of agriculture, water resources management, health, disaster-risk management and coastal zone management;

– Funding through voluntary contributions by industrial countries

Least Developed Countries Program

Established at UNFCCC 7th COP to support work program to assist Least Developed Countries to carry out, inter alia, preparation and implementation of National Adaptation Programs of Action (NAPAs)

NAPAs:– Established at the 7th COP in recognition of the special needs of

LDCs;– Provides a process for LDCs to identify priority activities with

regard to adaptation to climate change;– Emphasis on mobilizing all sectors of society in identification of

key adaptation measures and linking climate challenges to those in other key conventions, including CBD and the UNCCD

GEF tasked with operating funding mechanism.

Adaptation Fund: Kyoto Protocol

Established to provide funding for particularly developing countries to assist in meeting costs of adaptation;

Unlike other funding programs under climate instruments, specific funding source provided: 2% of carbon credits earned under Clean Development Mechanism of the Kyoto Protocol to be allocated to Adaptation Fund;

Particular focus may be on projects that avoid deforestation, combating land degradation and desertification.

Adaptation Funding under the UNFCCC/Kyoto

Least Developed Countries Fund [operational 2001]– Total pledged: $156.7 million – Total received: $52.1 million– Total disbursed: $9.8 million

Special Climate Change Fund [operational 2005]– Total pledged: $67.3 million– Total received: $53.3 million– Total disbursed: $1.4 million

Adaptation Fund– Projection: $160-950 million through 2012, depending on volume

of transactions and market prices for carbon

Total: approximately $1.4 billion maximum

Northern Commitments to Adaptation in the South

Northern governments have not honoured the spirit of the

UNFCCC commitment. While investing heavily in adaptation

at home they have failed to support parallel investments in

developing countries. Increasingly, the world is divided

between countries that are developing a capacity to adapt to

climate change, and those that are not. In the poorest

countries, adaptation is largely a matter of self-help.

UNDP (2007)