The Preamble Of The Paris Agreement

April 13th, 2021

by Andrew Verboncouer

66 Decision 1/CP.21, point 41. 49–51. The G77 called for the inclusion of a “coordinating centre for the coordination of displacement in climate change” that would provide emergency assistance, help provide organized migration and planned displacement, and compensate displaced people: UNFCCC secretariat, ad hoc working group on the Durban platform for enhanced action, working paper, second meeting, parties 10, 31 August and 4 September 2015, Page 5, available at unfccc.int/files/bodies/application/pdf/adp2-10_4sep2015t0145_wd.pdf: and draft text on COP 21 Agenda point 4 (b) Durban Platform for Enhanced Action (Decision 1/CP.17) on the adoption of a protocol, another instrument or a legally binding outcome, in accordance with the convention applicable to all contracting parties , version 2 of December 10, 2015 at 21 00, p. 21, available at: unfccc.int/resource/docs/2015/cop21/eng/da02.pdf. The proposal was rejected after strong opposition, particularly from Australia: O. Milman, `UN Drops Plan to Help Move Climate-Changed People`, The Guardian, 7 October 2015, available at: www.theguardian.com/environment/2015/oct/07/un-drops-plan-to-create-group-to-relocate-climate-change-affected-people. See also E. Calliari, `Special COP21: What Role for Climate Migrants in the Paris Agreement?`, Climate Observer, 9 Dec. 2015, available at: climateobserver.org/special-cop21-what-role-for-climate-migrants-in-the-paris-agreement. Bodansky D (2016) The Paris Agreement on Climate Change: A New Hope? On Law J Int 110:288-319. doi.org/10.5305/amerjintelaw.110.2.0288 Compared to the UNFCCC, the Kyoto Protocol and even the Copenhagen agreement, the subtle differentiation is much more pronounced in the 2015 Paris Agreement (see Table 2 in the online supplement). There are 19 cases of subtle differentiation from country by-products, some substantive issues or procedures (see Table 1).

This is most clearly apparent from funding and capacity building, but also from mitigation, adaptation, technology transfer (both in the preamble and in Article 13, but not in Article 10 on technology transfer) and the transparency framework. In this sense, the subtle differentiation covers the main objectives of the Paris Agreement in accordance with Article 2 (reduction, adaptation and funding), even if this provision does not lack subtle differentiation. Article 8 on losses and damages does not make the state of differentiation, as it does not include any obligation for parties other than “improving understanding” (UNFCCC, 2015, Section 8.3). 106 Atapattu, S., `Climate Change, Human Rights, and COP 21: One Step Forward and Two Steps Back or Vice Versa? (2016) 17 (2) Georgetown Journal of International Affairs, 47-55 CrossRefGoogle Scholar, at 48. The general provisions of the United Nations Charter on state human rights obligations prevail over the Paris Agreement: United Nations Charter, San Francisco, CA (United States), June 26, 1945, which came into force on October 24, 1945, available at: www.un.org/en/documents/charter. Article 103 of the Charter states that “in the event of a conflict between the obligations of members of the United Nations under this Charter and their obligations under another international agreement, their obligations under this Charter prevail.”

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