51 Countries Calling for Law and Governance Capacity Building
The conclusion of the Paris Agreement at the UN Framework Convention on Climate Change 21st Conference of the Parties (UNFCCC COP21) in December 2015 has been hailed as a milestone in the effort to combat climate change. However, despite the tremendous achievement of finding consensus among the 197 state parties to the UNFCCC, the Agreement remains only the first step.
A new cross-cutting analysis of the (intended) Nationally Determined Contributions (iNDCs) submitted to the UNFCCC to date has been undertaken by an international team of legal researchers from the Centre for International Sustainable Development Law (CISDL). This research underscores an evidence base for the call for legal and institutional reform to ensure effective implementation of the Paris Agreement. Statements by countries in the iNDCs show that legal reforms and capacity gaps are a major concern. Ensuring domestic climate law and governance capacity is crucial to the effective implementation of the new international climate regime that the adopted “bottom-up” nationally-determined contribution approach requires. Now, as Parties work hard to develop the Paris Agreement ‘Rulebook’, and an increasing number of countries ratify the agreement making rapid entry into force more likely, research contributions from the climate law and governance community are vital.
The research was undertaken as part of the newly launched Climate Law and Governance Initiative, jointly presented by CISDL, University partners from across the globe, and partners from organisations including the Centre for International Governance Innovation (CIGI), the European Bank for Reconstruction and Development (EBRD), United Nations Environment Program (UNEP), and United Nations Development Program (UNDP).
The preliminary findings of the CISDL’s analysis and methodology used can be read in the CISDL Research Announcement downloadable here, and a summary can be found below.
156 of 187 Countries Prioritize Legal and Institutional Reform in their (I)NDCs, Seeking to Address Inadequate Current Frameworks and Governance Challenges
As of September 2016, 187 countries have submitted 160 iNDCs to be published online by the UNFCCC registry. While the overwhelming majority of countries cite existing sectoral or other legislation in place to address climate change, CISDL’s new research highlights that only a few possess the required legal and institutional frameworks to secure adequate legal preparedness for climate change, and to address the commitments and challenges associated with implementing the new international climate regime. States widely acknowledge the need for further improvements, with 156 countries explicitly stating their intention to undertake legal and institutional reforms. Of these, 75 have placed a high priority on legal and institutional reform (including all 28 EU member states).
51 Countries Call for Legal and Institutional Capacity Building to Secure Necessary Reforms
CISDL’s iNDC review highlights that despite the widespread agreement on the importance of legal and institutional reforms, many countries lack the capacity necessary to undertake the changes they prioritise. In particular, developing countries have highlighted that they lack funds to build capacity and implement and enforce both existing and new legislative frameworks. In their iNDCs, 120 countries are calling on support from the international community with 51 specifically requesting legal and institutional capacity building. On the other hand, only very few countries have explicitly committed to providing capacity building in their iNDC commitments.
New Climate Law and Governance Action
Legal and institutional reforms in the sector of climate change have tremendous potential to provide a catalyst for development while effecting a transition to a low carbon economy. The researchers and experts who undertook this recent analysis have emphasised the opportunity that the 22nd Conference of the Parties in Marrakech, Morocco presents to address the issues highlighted in the iNDCs. The researchers and experts also serve as key advisers to the new Climate Law and Governance Initiative which has now been officially launched to make a key contribution to furthering research into law and policy innovations on a national and international level and to provide a platform for knowledge sharing and cooperation.
Menu