From Hunter Cutting
The Paris Agreement on climate change contains several provisions to clarify how countries will be held accountable for meeting their climate commitments.
The provisions of the Paris Agreement and the Paris COP Decision set up a dual system regarding emissions and finance of enforcement:
An accountability mechanism that addresses those countries clearly intent on not complying.
A support system for countries that are working hard but falling short of meeting their commitments.
Accountability
The heart of the accountability mechanism built into the Paris Agreement and Decision is a set of binding provisions around reporting and verification and mandatory participation in a public exposure platform that provides the opportunity for naming and shaming.
Experts generally consider international peer pressure the most effective form of enforcement available for addressing domestic activities that are protected by national sovereignty, including decisions on a country’s energy mix. This stands in contrast to agreements that regulate cross-border activity, such as trade.
The detailed provisions of the Paris Agreement and Decision that set up the enforcement system appear in several sections across the two documents of the Agreement. The provisions fall into three broad categories: day-lighting, participation, and peer accountability.
Together, these elements make up the platform for applying international peer pressure:
The day-lighting provisions – measuring, reporting and verification – require countries report their actions in an accurate, consistent way.
The participation provisions ensure that enough peers are invested in holding bad faith actors accountable to create pressure to comply.
The peer accountability provisions create a system in which countries are publicly evaluated and analyzed by their peers.
All of the particular enforcement provisions are legally binding for the countries that ratify the Agreement. In the instance of the United States, it is likely that ratification would be secured by executive agreement, which is an authority granted to the president in instances where the legal mechanisms were authorized under previously ratified treaties and/or existing domestic legislation.
Day-Lighting
Article 4, para 13, includes binding provisions that all Parties shall account for their mitigation contributions.
Article 13, para 7, includes binding provisions for the reporting of emissions measured by standards established by the Intergovernmental Panel on Climate Change. All countries are required to provide the “information necessary to track progress in implementing and achieving its nationally determined contribution.”
Article 13, para 11, includes binding provisions for verification and mandates that all information submitted by parties “shall go undergo a technical export review.”
Participation
The Paris Agreement is universal as a whole and each article applies to all Parties.
Article 3 requires all parties “to undertake and communicate ambitious efforts…with the view to achieving the purpose of this agreement.”
Article 4, para 13 mandates that parties “shall account for their nationally determined contributions.” This section also sets out accounting principles including accuracy, completeness and comparability.
Article 21 sets out the ratification provisions that set out the minimum participation required before the agreement goes into force: “At least 55 parties to the Convention accounting for in total for at least 55% of the total global greenhouse gas emissions.”
Accountability to Peers
The key provision that provides the venue for application of peer pressure is set out in Article 13, para 11: “Each Party shall participate in facilitative, multi-lateral consideration of progress with respects to efforts under Article 9, and its respective implementation and achievement of its nationally determined contribution.”
Finally, the Paris Agreement also provides for the establishment of an additional compliance mechanism in the form of an expert committee “to promote compliance with the provisions of this Agreement.”
Support
The Paris Climate Agreement also mandates the provision of finance and other support to enable developing countries to participate. The Agreement mandates measuring and review to ensure accountability in the provision of that finance.
Political and Economic Logic
The formal mechanism in the Agreement is driven by the economic and political self-interest of nations. Countries have a strong political interest in avoiding the enforcement system of the Paris Agreement and Decision. However, they also have a strong economic interest in complying. Countries facing the threat of climate change to their economy understand they cannot solve the problem alone. Good faith participation in the Paris Agreement and Decision is how every country engages the rest of the world to follow suit. This is particularly true for the major emitting countries such as United States and China.
More Information
EDF: Ensuring Environmental Integrity Through Transparent Accounting of Emissions, December 2015
C2es: Takeaways from the Paris climate talks
Climate Home: Decoding the Paris climate deal: What does it mean?
NRDC: Paris Climate Agreement Explained: What's in it and where is it taking us?
Key Terms
- ADP
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The Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP) is a body created by the UN Framework Convention on Climate Change (UNFCCC). Its mission is to "develop a protocol, another legal instrument or an agreed outcome with legal force under the Convention applicable to all Parties, which is to be completed no later than 2015 in order for it to be adopted at the twenty-first session of the Conference of the Parties (COP) and for it to come into effect and be implemented from 2020."
- African Group of Negotiators
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The African Group of Negotiators (AGN) represents African nations in the United Nations system. At the 20th Conference of Parties, the AGN associated itself with the G77 and China and has historically had strong ties with the positions of that negotiating bloc.
- AILAC
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The Independent Association of Latin American and the Caribbean (AILAC) represents six regionally proximate countries with similar positions on climate change. AILAC is officially comprised of Chile, Colombia, Costa Rica, Guatemala, Panama, and Peru.
- ALBA
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ALBA, formally known as the Bolivarian Alliance for the Peoples of Our America, is a negotiating bloc with 11 member countries in Central America, South America, and the Caribbean. It is associated with socialist and social democratic governments and operates under a vision of a Hispanic system of solidarity and mutual aid.
- Annex I
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A term used to refer to industrialized countries that were members of the Organisation for Economic Co-operation and Development (OECD) at the Earth Summit in Rio de Janiero in 1992, and countries with economies in transition. Examples of Annex I countries include the United States, member states of the European Union, and the Russian Federation.
- AOSIS
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The Association of Small Island States (AOSIS) represents 44 island and low-lying coastal countries with similar development challenges and environmental concerns. AOSIS lobbies and negotiates for small island developing states (SIDS) in the United Nations system. Climate change is a fundamental threat to many SIDS, and AOSIS has called for major global emissions reductions at every international climate negotiation. Some members include Cuba, Samoa, Trinidad and Tobago, Marshall Islands, and Maldives.
- AR5
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The 5th Asssessment Report (AR5) is an extensive document of the future threats and current impacts of climate change, published by the Intergovernmental Panel on Climate Change (IPCC) in 2013 and 2014.
- ASEAN
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The Association of Southeast Asian Nations (ASEAN) represents ten member states in Southeast Asia, including Indonesia, Malaysia, the Philippines, Singapore, and Thailand. ASEAN has a special working group on climate change that focuses on addressing climate change in the global community.
- BASIC Group
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The BASIC group consists of Brazil, South Africa, India, and China. These four newly industrialized countries walked out of the Copenhagen climate summit, and often argue for equitable development and consideration of common but differentiated responsibilities and capabilities (CBDR-RC). There is a high level of overlap between BASIC and BRICS nations.
- BRICS Group
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Brazil, Russia, India, China, and South Africa make up the BRICS nations. These five major emerging national economies play a significant role in global negotiations and represent around 40% of the global population. There is a high level of overlap between BASIC and BRICS nations.
- CACAM Group
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Central Asia, Caucasus, Albania, and Moldova (CACAM) have formed a negotiating group for United Nations proceedings.
- Cartagena Dialogue
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The Cartagena Dialogue is an informal alliance of around 40 developed and developing countries party to the UN Framework Convention on Climate Change (UNFCCC) process. The dialogue meets outside of the formal negotiations to discuss progressive climate objectives.
- CBDR-RC
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A guiding principle as well as a source of contention in the UN climate negotiations, Common but Differentiated Responsbilities and Capabilities (CBDR–RC) takes account of a country's historic contributions to climate change, as well as its ability to contribute to a global response.
- Climate Finance
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Mechanisms established to help fund countries in their efforts to reduce emissions and adapt to the impacts of climate change.
- COP15
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The 15th Session of the Conference of Parties to the United Nations Framework Convention on Climate Change, held in Copenhagen, Denmark.
- COP17
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The official and commonly used acronym for the 17th Session of the Conference of Parties to the United Nations Framework Convention on Climate Change (COP17), held in Durban at the end of 2011. At COP17, countries – including the United States, China and India – agreed to reach a legally binding treaty to address climate change post–2020, by 2015.
- COP20
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The 20th Session of the Conference of Parties to the United Nations Framework Convention on Climate Change, held in Lima, Peru. At COP20, the draft text for the Paris Agreement was produced, including proposed language for a long term goal.
- COP21
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A common acronym for the 21st session of the Conference of the Parties to the United Nations Framework Convention on Climate Change, which is being held in Paris in November and December of 2015.
- Copenhagen
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Capital city of Denmark and host of the 15th Session of the Conference of Parties (COP15) to the United Nations Framework Convention on Climate Change (UNFCCC) in 2009.
- Copenhagen Accord
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The result of the 15th Session of the Conference of Parties (COP15) to the United Nations Framework Convention on Climate Change (UNFCCC). The accord included a long-term goal of limiting warming to no more than 2˚C above pre–industrial levels, but excluded practical terms for achieving this goal.
- Durban Platform
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A common label applied to the deal reached at the 17th Session of the Conference of Parties (COP17) to the United Nations Framework Convention on Climate Change (UNFCCC), held in Durban at the end of 2011. Countries – including the United States, China and India – agreed to reach a legally binding treaty to address climate change post–2020, by 2015.
- EIG
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Formed in 2000, the Environmental Integrity Group (EIG) is made up of Mexico, Liechtenstein, Monaco, South Korea, and Switzerland. These nations formed this group because they did not feel represented by any groups that arose out of the 4th Conference of Parties (COP4) in 1998.
- European Union (EU) Group
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The European Union (EU) consists of 28 member states, and meets privately to develop unified negotiating positions. The European Commission presidency is rotated between members every six months, and the president is responsible for speaking for the EU and all member nations. The EU can be itself a party to the climate convention or to other organizations, but generally does not have a separate vote from its members.
- G77
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The Group of 77 (G77) is the largest group of developing countries participating in the Paris climate talks. This group is very diverse and represents a broad variety of interests and positions. Some notable members of the G77 include Brazil, China, Mexico, South Korea, Chile, India, and Saudi Arabia.
- GCF
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The Green Climate Fund (GCF) is a fund set up through the United Nations Framework Convention on Climate Change (UNFCCC) with the intent to raise money from the developed world to help developing countries to reduce emissions and cope with the impacts of climate change.
- GHG
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A greenhouse gas (GHG) traps heat in the atmosphere, which leads to global warming. Carbon dioxide (CO2), methane (CH4), and nitrous oxide (NO) are three common greenhouse gases. Most greenhouse gasses are addressed by the UNFCCC, but a small handful of fluorinated GHG (aka F-gases) are currently addressed by the Montreal Protocol which seeks to manage a different issue, ozone depletion.
- INDC
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Intended Nationally Determined Contributions (INDCs) are outlines of the actions that countries intend to take to address climate change, submitted ahead of the Paris negotiations.
- International Climate and Forest Initiative (NICFI)
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An initiative advanced by Norway to help establish a global, binding, long-term post-2012 regime to limit global temperature rise to below 2°C. It contributes to multilateral and bilateral initiatives including the Brazilian Amazon Fund, Congo Basin Forest Fund, Forest Carbon Partnership Facility and Forest Investment Program.
- IPCC
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The Intergovernmental Panel on Climate Change (IPCC) was established by the UN Environment Programme (UNEP) and the World Meteorological Organization (WMO) in 1988 to scientifically assess and communicate the risks and challenges posed by climate change.
- Kyoto Protocol
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An international climate agreement that commits countries to reduce greenhouse gas emissions toward established, legally binding targets, linked to the United Nations Framework Convention on Climate Change. It was adopted in 1997 in Kyoto, Japan, and came into force in February 2005.
- League of Arab States
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The League of Arab States represents 21 independent Arab states in northern and northeastern Africa and southwest Asia. The League of Arab States was founded by Egypt, Iraq, Jordan, Lebanon, Syria, and Saudi Arabia, although Syria is currently suspended.
- Least Developed Countries (LDCs)
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Forty-eight countries are categorized as least developed countries (LDCs) by the United Nations. LDCs have been active as a negotiating bloc in the climate change talks in recent years, and often advocate for adaptation financing.
- Like Minded Developing Countries (LMDC) Group
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The Like Minded Group of Developing Countries (LMDC) is a new negotiating bloc that represents over 50% of the global population. The LMDCs, which include Venezuela, Iran, Saudi Arabia, and India, indicated during the 20th Conference of Parties that common but differentiated responsibilities and capabilities (CBDR-RC) would be a critical issue during the negotiating process. Adaptation financing and historical responsibility are two common negotiating points for the LMDCs. The LMDCs also often advocate for the maintenance of the differentiation between developed and developing countries (Annex 1 and Annex 2, in UN parlance).
- Lima
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Capital city of Peru and host of the 20th Conference of Parties (COP20) to the United Nations Framework Convention on Climate Change (UNFCCC).
- Long-Term Goal (LTG)
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A long-range goal that would help orient and guide global activity to avert catastrophic climate change. The shape and nature of this goal is still being determined, but may form a key piece of the Paris agreement.
- Loss and Damage
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A term used to describe climate impacts that occur when the limits of adaptation are reached. The United Nations Framework Convention on Climate Change has developed a work programme on loss and damage to help address the issue, particularly for the developing countries most vulnerable to the impacts of climate change.
- LTG
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A long-term goal (LTG) that would help orient and guide global activity to avert catastrophic climate change. The shape and nature of this goal is still being determined, but may form a key piece of the Paris agreement.
- LULUCF
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A greenhouse gas inventory sector that covers emissions and removals of greenhouse gases resulting from direct human-induced land use, land-use change and forestry activities.
- Non–Annex I
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Mostly developing countries, many of which are recognized as being at greater risk from the impacts of cliamte change or whose economies are disproportionately reliant on fossil fuel production. Examples of non–Annex I countries include Angola, Bangladesh and Fiji.
- OPEC
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The Organization of Petroleum Exporting Countries (OPEC) is an intergovernmental organization that often states positions on international negotiations. Twelve countries currently belong to OPEC, which was founded by Iran, Iraq, Kuwait, Saudi Arabia, and Venezuela. OPEC has taken a strong position against long-term goals that mandate shifts away from fossil fuels.
- Organization for Economic Cooperation and Development (OECD)
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Thirty-four member countries and the European Commission take part in the work of the Organization for Economic Cooperation and Development (OECD). The OECD is dedicated to global development and understanding economic, social, and environmental change. Notable members include Australia, Canada, Germany, the United Kingdom, and the United States.
- Pacific Alliance
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The Pacific Alliance is a Latin American trading bloc consisting of Chile, Columbia, Mexico, and Peru. They have collectively called for concrete measures toward a global agreement on climate change.
- Paris Agreement
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A label widely used to refer to the international climate agreement countries have committed to creating before the end of the talks being held in Paris in November and December of 2015.
- Paris Climate Talks
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A commonly used shorthand for the 21st Conference of the Parties (COP21) to the United Nations Framewrok Convention on Climate Change, which is being held in Paris in November and December of 2015.
- SICA
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The Central American Integration System (SICA) consists of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Panama, and Belize. As members of the Group of 77, this negotiating bloc aligned itself with the Lima statement from the G77 and China.
- South-South Cooperation Fund
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A climate finance fund announced by China in September 2014 with the intent to provide greater assistance to developing countries in tackling climate change.
- Umbrella Group
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The Umbrella Group is an informal group made up of non-EU developed countries. Its formation occurred following the Kyoto Protocol adaptation, and its non-codified member list usually includes Australia, Japan, Canada, New Zealand, Kazakhstan, Norway, Russia, Ukraine, and the United States.
- UNDP
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The United Nations Development Programme works with 170 countries around the world to eradicate poverty and reduce inequality and exclusion.
- UNFCCC
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The United Nations Framework Convention on Climate Change (UNFCCC) is a near-universal climate treaty established at the 1992 Earth Summit in Rio de Janeiro.