By María Socorro Manguiat
Undoubtedly, nationally determined contributions (NDCs) form the centerpiece of domestic efforts to implement the Paris Agreement. Nevertheless, a closer examination of the Agreement reveals that there is much more to its domestic implementation than NDCs. It is becoming increasingly clear that more attention must be devoted to the legal preparedness of Parties to the Paris Agreement and those that are planning to become Parties, to implement all aspects of the Agreement.
Domestic Action Beyond NDCs
Actions taken by Parties to address climate could go well beyond what a Party includes in any of its NDCs. There may be various reasons for Parties not to include certain climate actions in its NDCs. For instance, a Party may wish to maintain a certain degree of flexibility in defining its suite of domestic actions. Because of this, the framework for transparency of action under Article 13 of the Agreement will be designed not just to track progress on each Party’s NDCs, but also to aid a better understanding of climate action taken under the Agreement more generally. In addition, beyond each individual NDC, Parties must strengthen institutional arrangements to ensure that they are able, to communicate mid-century, long-term low greenhouse gas emission and development strategies by 2020. Although these other actions may not be part of a Party’s NDC, assisting Parties with regard to those other actions is as important as supporting their efforts in preparing, communicating and maintaining successive NDCs.
Another situation in which the implementation of the Agreement goes beyond NDCs is in its interaction with Parties’ other international obligations. The potential breadth of the scope of each Party’s climate action means that their full implementation will and should relate to commitments made by these Parties under other relevant multilateral agreements (MEAs) – in particular those relating to the environment. These include the Climate Change Convention’s sister MEAs, the Convention on Biological Diversity and the Convention to Combat Desertification.
Consideration of these other commitments will ensure a stronger legal basis for addressing various issues that may ordinarily be seen as secondary to climate change.
An Imperative for Synergies and Coherence
Taking broader issues into account will avoid the creation of contradictions and conflicts in meeting these various commitments. Examining and ultimately implementing these commitments in an integrated way will further ensure that resources are used more effectively. Using the process of defining and implementing a strategy for climate action as a vehicle for carrying out these other commitments can also allow for the practical application of the principles and the achievement of objectives contained in these other international agreements.
The linkages between climate and other considerations are acknowledged throughout the Agreement. The relationship of action under the Paris Agreement to action under other MEAs is evident in references to the importance of the conservation and enhancement of sinks and reservoirs of greenhouse gases, and in references to ensuring the integrity of all ecosystems, including oceans, and the protection of biodiversity. The need to go beyond purely environmental considerations is reflected in references to strengthening the global response to climate change “in the context of sustainable development and efforts to eradicate poverty” in Article 2 of the Agreement. The Agreement’s preamble speaks of food security and ending hunger, a just transition of the workforce, human rights in general, specific rights and rights of specific groups, as well as gender equality, empowerment of women and intergenerational equity.
The links to these and other issues can only be made meaningful if the relevant legal instruments that relate to these issues are also considered in formulating, implementing, reporting on and reviewing climate action.
First Steps to Ensuring a Holistic Approach
As a starting point, Parties should consider how the goals, priorities and strategies set out in the Sendai Framework for Disaster Reduction, the Addis Ababa Action Agenda on Financing for Development, the 2030 Agenda on Sustainable Development and the Sustainable Development Goals, all adopted in 2015, can be realized together with the aims of the Paris Agreement. For instance, how can the governance of disaster risk management, which is a priority under the Sendai Framework, be strengthened in the process of formulating climate action? Conversely, to what extent can the implementation of the Paris Agreement serve as a vehicle to advance the priorities set out in these other instruments?
Finding complementary ways to implement these commitments includes exploring how measurement and data collection can take place in a synergistic fashion. Under the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, for example, hydrofluorocarbons (HFCs) are expected to become a controlled substance in 2019. If the Kigali Amendment is not taken as excepting HFCs from the scope of the Paris Agreement, measurement and data collection for these substances may serve the purposes of both the Montreal Protocol and the Paris Agreement. Eventually, it may also be possible to develop complementary measurement, reporting and verification systems not just domestically, but also internationally.
Technical Assistance: A Role for UN Environment
While the challenge may seem daunting, this is an unparalleled opportunity to harness the potential for integrated action. UN Environment stands ready to assist Parties in meeting this challenge.
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