Download The issue of loss and damages in the UNFCCC negotiations

The issue of loss and damages in
the UNFCCC negotiations
Meron Tesfaye
Sharowat Shamin
Rosa Manzo
Examples of climate change damages
Drought
Tornadoes
Floods
Desertification
Extinction of Species
Environmental Refugees
Case Study
The Dniester/Nistru River near Pohrebea in Moldova
It is shared by Ukraine and Moldova. It will be significantly affected by climate change, with
summer temperatures expected to rise by 2 to 4 degrees Celsius by the end of the century.
It expected that the area will become more vulnerable to extreme weather conditions, such as
floods and summer droughts
Priority areas requiring adaptation at the trans boundary level:
• Flood management
• ecosystems and agriculture/irrigation
• improvement of the monitoring system and data exchange between the two
countries,
• ecosystem restoration and
• awareness-raising
Warsaw international mechanism on loss and
damage (COP 19 decision)
Target group
◦ Developing countries that are particularly vulnerable to the adverse
impact of climate change
Damages Addresssed
◦ Loss and damages associated with impacts of climate change
◦ Extreme events
◦ Slow onset events
Bodies under this mechanism
Three bodies
Executive Committee
◦Subsidiary Body for Scientific and Technological Advice
◦Subsidiary Body for Implementation
Executive Committee under COP 19
Composition of EC
◦ Two representatives from the Adaptation Committee
◦ Two representatives from LDCs’ Expert Group
◦ Two representatives from the Standing Committee on Finance
◦ Two representatives from Technology Executive Committee
◦ Two representatives from Consultative Group of Experts on National
Communications from Parties not included in Annex I to the UNFCCC
The EC shall be accountable to the COP.
Functions of EC
1. Enhancing the Risk Management Approach by
◦ addressing gaps in the understanding and developing expertise on the issue
◦ collecting, managing and using relative data and information
◦ overviewing the past experiences and best practices to address the issue
2. Strengthening dialogue, coordination, coherence, synergies among relevant
stakeholders; convening meetings among them and making recommendations to
enhance engagement.
3. Providing Financial and Technical support and Exchange of Information among
the Parties and other stakeholders.
Future Work Plan of EC
◦The initial EC meeting is to be held by March, 2014.
◦The EC shall develop its initial two years work plan to
implement those functions by December 2014 (next COP
meeting).
◦The EC shall review its work plan in COP 22 (2016).
Challenges under Warsaw Mechanism
Financial method?
State responsibilities?
Adaptation?
Compensation?
Right? Obligation?
Challenges under Warsaw Mechanism
Financial method?
◦ No clear-cut obligations
◦ Vague wordings ( Enhancing, facilitate…)
Who has to pay?
◦ developed countries?
◦ private stakeholders (business companies)
State responsibilities?
◦ No strict responsibilities to compensate the victim-states
◦ Literal interpretation (art. 31 a) VCLT) : no reference to “liability”.
Challenges (cont.)
Compensation?
◦ Right?
◦ Obligation?
◦ Obligation to prevent damages?
Take precautionary measures, in accordance with the principles and provisions of the
Convention, to anticipate, prevent or minimize the causes of climate change ad mitigate its
adverse effects…. COP 18, decision 3 Preamble
Recalling the role of the Convention in enhancing the implementation of approaches to address
loss and damage associated with the adverse effects of climate change…COP 17,d.7.
Challenges (cont.)
State responsability for Climate Change Damages in IL?
DASR: responsability as consequence of a wrongful act.
Elements: (Art.2) 1. Breach of international obligation
Obligation to prevent damages under UNFCCC?
Preamble: …ensure that activities within their jurisdiction or control do not cause damage to the
environment of other States
2.Conduct attributable to the State
multiple sources of emissions!
Discussun is still ongoing!
Challenges (cont.)
Adaptation measure?
◦ Cancun Adaptation Framework
◦ definition: Adjustments in ecological, social or economic system … to moderate potential
damages
◦ damages under Warsaw mechanism: potential and/or occurred?
THANK YOU!
Amesegnalhu (Ethiopia)
Dhonnobad (Bangladesh)
Grazie (Italy)