United Nations Framework Convention on Climate Change (UNFCCC, 1992)
Introduction
The United Nations Framework Convention on Climate Change (UNFCCC) (henceforth referred to as the convention) was adopted on May 9th, 1992, at the Earth Summit in Rio de Janeiro, Brazil, and entered into force on March 21st, 19941. When it went into force, 165 states had ratified2 the treaty. Since then, the UNFCCC has grown to include 197 parties (196 countries plus the European Union).
The framework began by noting that the largest share of historical and current global emissions originated in developed countries. It acknowledged the global nature of climate change calls for the widest possible cooperation by all countries. It also recognized that countries had the sovereign right to exploit their own natural resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction did not damage the environment of other states or areas beyond their jurisdiction (UNFCCC, 1992).
Article 1 provides definitions of various terms.
Climate change was defined as a change of climate which is attributed directly or indirectly to human activity, that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods. Sink was defined as any process, activity or mechanism that removes greenhouse gases, an aerosol or a precursor of a greenhouse gas from the atmosphere while a reservoir was defined as a component or components of the climate system where a greenhouse gas or a precursor of a green house gas is stored.
Article 2 stipulates the objective of the treaty.
The ultimate objective of this treaty was to achieve stabilization of the greenhouse gas emissions in the atmosphere at a level that would prevent dangerous interference with the climate system.
Article 3 outlines the guiding principles3 of the treaty.
Parties were required to protect the climate system for the benefit of the present and future generations, with developed countries expected to take the lead. The convention recognized that developing countries4, especially those that were vulnerable to the adverse effects of climate change, should be given full consideration. Parties were required to take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. They were also mandated to promote sustainable development by formulating policies and measures to mitigate the effects of climate change and integrate them in national development programs. Lastly, parties were required to cooperate to promote a supportive and open international economic system that would lead to sustainable economic growth and development in all parties, including enabling developing countries to address the problems of climate change.
Article 4 specifies the commitments of all parties involved
Parties were mandated to periodically update, publish and publicize emissions by sources and removal by sinks5, of all greenhouse gases. They needed to formulate, implement, publish and regularly update national and regional programs on measures to mitigate climate change. They also needed to cooperate on the development and application of practices and processes that control, reduce or prevent emissions in all relevant sectors e.g. the energy, transport, industry, agriculture, forestry and waste management sectors.
Parties were required to adopt national policies6 and take measures on the mitigation7 of climate change, by limiting emissions of greenhouse gases and protecting and enhancing greenhouse gas sinks and reservoirs8. These policies were meant to demonstrate that developed countries were leading efforts in mitigation. Parties were allowed to implement these policies and measures jointly with other parties and assist each other in contributing to the achievement of the objective.
In addition, developed countries were mandated to provide financial resources to meet the agreed full costs incurred by developing countries. They were also required to assist developing countries that were particularly vulnerable to the adverse effects of climate change in meeting costs of adaptation9 to those adverse effects. Furthermore, they were tasked with supporting the development and enhancement of endogenous capacities10 and technologies of developing countries.
The Conference of Parties11 would allow a certain degree of flexibility to Annex 1 parties12 undergoing the process of transition to a market economy13, in order to enhance the ability of these parties to address climate change. This article also acknowledged that the convention was fully aware that economic and social development and poverty reduction were the first priorities of developing country parties and that the extent to which the parties would effectively implement their commitments depended on developed countries fulfilling or meeting their goals, such as providing finances and transferring technologies14.
Parties were required to give consideration to actions necessary to meet specific needs and concerns of developing countries arising from the adverse effects of climate change, especially vulnerable parties such as small island countries, countries with low-lying coastal areas, those with arid and semi-arid areas, those prone to natural disasters, those that were liable to drought and desertification, countries with high urban atmospheric pollution, countries with fragile economies, including those whose economies were highly dependent on fossil fuels and other energy-intensive products and finally, landlocked and transit countries.
This article concluded by stating that consideration would be given to parties based on their situation, e.g. developing countries with economies that were vulnerable to the effects of climate change. This applied to economies that were highly dependent on income generated from the production, processing, export, and/or consumption of fossil fuels and associated energy-intensive products and/or the use of fossil fuels for which parties would have serious difficulties switching to alternatives.
Article 5 outlines the commitment of parties toward research.
With minimal duplication efforts, parties were required to develop international and intergovernmental programs and networks or organizations aimed at defining, conducting, assessing and financing research, data collection and systematic observation. They needed to strengthen national scientific and technical research capacities and capabilities, particularly in developing countries, and to promote access to and the exchange of data and analysis obtained from areas beyond their national jurisdiction. Finally, parties were urged to take into account the particular concerns and needs of developing countries and cooperate in improving their endogenous capacities and capabilities to participate in these research related efforts.
Article 6 details the roles of parties with regards to education, training and public awareness.
At the national, regional and sub-regional levels, parties were required to promote and facilitate i) the development and implementation of educational and public awareness programs ii) public access to information on climate change and its effects iii) public participation in addressing climate change and its effects and develop adequate responses and iv) training of scientific, technical and managerial personnel.
At the international level, parties were required to cooperate and promote i) the development and exchange of educational and public awareness material on climate change and its effects and ii) the development and implementation of education and training programs, including strengthening national institutions and the exchange or secondment of personnel to train experts in the field, in particular for developing countries.
Article 7 introduces and describes in detail the role of the Conference of Parties (COP)
The Conference of Parties (henceforth referred to as the COP) would act as the supreme body of the convention.
The COP was mandated to regularly review the implementations of the convention and any related legal instruments that it may adopt, and make decisions within its mandate, necessary to promote the effective implementation of the convention. This included periodically examining the obligation of the parties, promoting and facilitating the exchange of information on mitigation and adaptation measures taking into account the different circumstances15 of the parties, facilitating the coordination of these measures when requested to by at least two parties, promoting and guiding the development and periodic refinement of methodologies used to prepare inventories of greenhouse gas emissions by source and removal by sinks, and evaluating their effectiveness.
The COP was also required to assess the implementation of party commitments and their overall effects, in particular environmental, economic and social effects, as well as their cumulative impacts, and to determine the extent to which the objective of the convention was being achieved. It was required to make recommendations on any necessary matters, mobilize financial resources, establish subsidiary bodies16 necessary for the implementation of the convention, review reports submitted by these subsidiary bodies and seek and utilize services and information provided by other international organizations and intergovernmental and non-governmental bodies.
This article concludes by stating that unless at least one-third of the parties present objected, the United Nations, its agencies, the International Atomic Energy Agency and any state not party to the convention may be represented at the COP as observers, and their admission and participation would be subject to the rules of procedure adopted by the COP.
Article 8 outlines the role of the secretariat
The secretariat was tasked with making arrangements for sessions of the COP and its subsidiary bodies and providing them with services as required. In addition, it was required to compile and transmit reports submitted to it. The secretariat was also task with providing assistance to the parties, especially developing countries, in the compilation and communication of information. Moreover, it needed to prepare reports on its activities and present them to the COP, and also ensure necessary coordination with the secretariats of other relevant international bodies. Finally, under the overall guidance of the COP, the secretariat was permitted to enter into administrative and contractual arrangements with other organisations for the effective discharge of its functions.
Article 9 defines the formation and roles of the Subsidiary Body for Scientific and Technological Advice (SBSTA)
The main function of SBSTA17 is to provide the COP with timely information and advice on scientific and technological matters relating to the convention. The body comprises of government representatives that are competent in the relevant field of expertise. It reports regularly to the COP, on all aspects of its work.
SBSTA was formed to carry out several roles. To begin with, it should provide assessment of the state of scientific knowledge relating to climate change and its effects. It should also prepare scientific assessments on the effects of the measures taken in the implementation of the convention. Additionally, SBSTA should provide advice on scientific programs, international cooperation in research development related to climate change, as well as on ways and means of supporting endogenous capacity-building in developing countries. Finally, the body should respond to scientific, technological and methodological questions that the COP and its subsidiary bodies may have.
Article 10 defines the formation and roles of the Subsidiary Body for Information (SBI)
SBI18 was established to assist the COP in the assessment and review of the effective implementation of the convention. Similar to SBSTA, it comprises of government representatives who are experts on matters related to climate change.
The body serves three roles, as outlined in the convention. First, it assesses the overall aggregate effect of the steps taken by parties to reduce emissions, based on the latest scientific assessments concerning climate change. Second, it helps the COP carry out reviews based on the information19 provided by parties. Lastly, it assists the COP in the preparation and implementation of its decisions.
Article 11 describes the convention’s financial mechanism
A mechanism for the provision of financial resources was established under the guidance of the COP and would be entrusted to one or more existing international entities. This mechanism was designed to ensure equitable and balanced representation of all parties within a transparent system of governance.
The COP, along with the entities entrusted to manage the operations of the financial mechanism, was tasked with determining modalities to ensure that funded projects addressing climate change conformed to the policies, program priorities, and eligibility criteria established by the COP. Additionally, they were to establish modalities for reconsidering funding decisions in light of these policies, program priorities, and eligibility criteria. They were also tasked with determining the amount of funding necessary and available for the implementation of this convention, and the conditions under which that amount shall be periodically reviewed.
Article 12 outlines the type of information that parties were required to submit to the COP on a regular basis
Through the secretariat, each party was required to provide COP with i) a record of greenhouse gas emissions by sources and removal by sinks ii) a general description of steps taken to implement commitments outlined in the convention iii) any other information that was relevant to the achievement of the main objective of the party.
In addition to the requirements above, each developed country and any other party in annex 1 was required to provide a detailed description of the policies and measures that it had adopted to implement its commitment to take lead in the reduction of greenhouse gases and the estimate of the effects that these measures had had.
On a voluntary basis, developing countries could propose projects for financing, as well as techniques or practices required to implement these projects, along with estimates of all incremental costs of the reductions of emissions and increments of removals of greenhouse gases and estimates of the consequent benefits.
Each developed country and any other party in Annex 1 would submit its first communication within the first six months of the convention’s entry into force, while all other parties were to submit theirs within the first three years.
For a comprehensive overview of this treaty, review this document.
The United Nations Framework Convention on Climate Change (UNFCCC) lacked binding commitments for countries to reduce emissions. This led to the creation of the Kyoto Protocol of 1997.
References
Footnotes
Ratification is the final step a country takes to officially commit to the obligations outlined in an international treaty.↩︎
Guiding principles are fundamental rules, values, or concepts that provide direction and serve as a foundation for decision-making, actions, and behavior within an organization, project, or initiative. They help ensure that activities are aligned with the overall goals, purpose, and ethical standards of the organization or effort.↩︎
A developing country is a nation with a lower standard of living, less industrialization, and lower Human Development Index (HDI) compared to more economically advanced countries. These countries often face challenges such as poverty, limited infrastructure, and lower access to healthcare and education.↩︎
In article 1, sink is defined as any process, activity or mechanism that removes greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere. For example, a carbon sink is anything that absorbs more carbon from the atmosphere than it releases e.g., plants, the ocean and soil.↩︎
An example of this is the Climate Action Plan (CAP). It is a strategic framework developed by different governments that outlines specific actions, policies, and measures that aim to mitigate the impacts of climate change while promoting sustainability and resilience. An example is the Irish CAP.↩︎
Mitigation refers to the efforts and strategies aimed at reducing or preventing the emission of greenhouse gases into the atmosphere.↩︎
In article 1, a reservoir is defined as a component or components of the climate system where a greenhouse gas or a precursor of a green house gas is stored.↩︎
Adaptation refers to the process of adjusting to the actual or expected impacts of climate change e.g. upgrading buildings and infrastructure to withstand extreme weather or modifying planting schedules, crop varieties, and irrigation practices to cope with changing climate conditions. It helps safeguard communities, economies, and ecosystems from the impacts of climate change.↩︎
Skills that are already present in these countries.↩︎
See Article 7 below↩︎
For a complete list of Annex 1 parties, refer to page 189 of the convention.↩︎
For a complete list of Annex 1 parties that were undergoing transition to a market economy, refer to page 189 of the convention.↩︎
In this context, the transfer of technologies refers to the process of sharing and disseminating technologies that can help mitigate greenhouse gas emissions and adapt to the impacts of climate change. Technology transfer aims to make technologies available and affordable to developing countries, which often lack the resources and infrastructure to develop or acquire such technologies independently. The technologies involved can include renewable energy technologies (e.g. solar, wind, and biomass), energy efficiency measures, sustainable agriculture practices, waste management solutions, and climate-resilient infrastructure. The transfer of technologies often involves training and capacity-building initiatives to ensure that local stakeholders can effectively implement and maintain the technologies.↩︎
Refer to the last two paragraphs of Article 4↩︎
An example of this is the Subsidiary Body for Scientific and Technological Advice (SBSTA) which meets twice a year, with the aim of advising the COP on matters of science, technology and methodology (see Article 9). Another example is the Subsidiary Body for Implementation (SBI) which also meets at least twice a year to assist the COP in the assessment and review of the effective implementation of the Convention (see Article 10).↩︎
Subsidiary Body for Scientific and Technological Advice (SBSTA)↩︎
See Article 12 below↩︎