March 1994

The United Nations Framework Convention on Climate Change is the first binding international legal instrument that deals directly with climate change. The Convention was adopted on 9 May 1992 after 15 months of tough negotiations by the UN-sponsored Intergovernmental Negotiating Committee for a Framework Convention on Climate Change (INC/FCCC). It was opened for signature at the Earth Summit” in Rio de Janeiro the following month, where it was signed by the representatives of 154 states and the EEC (now the EU). By 19 June 1993, when the treaty was closed for signature, 165 states (plus the EEC) had signed. The 50th ratification was received on 21 December 1993, triggering the Convention’s entry into force 90 days later on 21 March 1994.

The Convention’s ultimate objective is the “stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.” To achieve this objective (Article 2), the Convention sets out a series of commitments. The adequacy of these commitments will be periodically reviewed in light of the treaty’s objective, new scientific findings, and the effectiveness of national climate change programmes.

As a framework treaty, the Convention sets out principles and general commitments, leaving more specific obligations to future legal instruments. The key principles incorporated in the treaty are the precautionary principle, the common but differentiated responsibility of states (which assigns industrialised states the lead in combating climate change), and the importance of sustainable development (Article 3). The general commitments, which apply to both developed and developing countries, are to adopt national programmes for mitigating climate change; to develop adaptation strategies; to promote the sustainable management and conservation of greenhouse gas “sinks” (such as forests); to take climate change into account when setting relevant social, economic, and environmental policies; to cooperate in technical, scientific, and educational matters; and to promote scientific research and the exchange of information (Article 4, para. 1).

The Convention also establishes more specific obligations for particular categories of states. It distinguishes between members of the OECD1 (listed in Annex II to the Convention), countries in transition to a market economy (Eastern European countries which, together with the OECD countries, are listed in Annex I), and developing countries. The Convention requires OECD countries to take the strongest measures, while the states in transition to a market economy are allowed a certain flexibility. The Convention recognises that compliance by developing countries will depend on financial and technical assistance from developed countries; in addition, the needs of least developed countries and those that are particularly vulnerable to climate change for geographical reasons are given special consideration (Article 4, paras. 2-7). This approach is consistent with the widely recognised principle of the common but differentiated responsibility of states at different levels of development.

Developed countries and states in transition to a market economy must take the lead in adopting measures to combat climate change. They should take measures designed to limit emissions of carbon dioxide and other greenhouse gases, with the aim of returning to 1990 emissions levels by the year 2000. However, the differing economic circumstances of these countries are to be taken into account, and several states may together adopt a common, joint target. (Article 4, para. 2).

The OECD countries must facilitate the transfer of technology and provide financial resources to developing countries to help them implement the Convention. The Convention requires OECD countries to finance the costs incurred by developing countries for submitting reports on their greenhouses gas emissions and measures for implementing the treaty. This financial assistance is to be “new and additional”, rather than redirected from existing development aid funds. In addition, OECD countries are to provide financial resources for other Convention-related projects that are agreed to by both a developing country and the Convention’s financial mechanism. This financial mechanism will initially be administered by the Global Environment Facility, but the Convention’s parties could agree in the future to transfer the administration of the mechanism to another international body. As for technology transfer, the Convention does not specify the terms of the transfers, such as whether they should be made on commercial or non-commercial terms.

The Convention establishes institutions to support efforts to carry out commitments and to monitor compliance. The Conference of the Parties (COP), in which all Parties (states that have ratified) are represented, is the Convention’s supreme body. It will meet for the first time in March 1995 and on a yearly basis thereafter. It will promote and review the implementation of the Convention and, if appropriate, adopt amendments, annexes, and protocols (Articles 7 and 15). The Convention’s Secretariat will provide administrative support and ensure the flow of information among Parties (Article 8); the INC/FCCC Secretariat is providing these services on an interim basis (Article 21). The COP will be assisted by two subsidiary bodies, one for scientific and technological advice (SBSTA) and the other for implementation (SBI) (Articles 9 and 10). The COP can also set up additional bodies if it so decides.

The Climate Change Convention is a major step forward in the international response to climate change. Much work remains to be done, however. Many states still need to ratify the Convention and formulate national laws and policies that will enable them to meet their commitments. Until the first session of the COP, the INC/FCCC will continue to meet and work on outstanding issues. The COP itself will have an enormous amount of work to do to ensure that the Convention is a success in the years and decades to come.

For further reading:

Bodansky, Daniel, “The United Nations Framework Convention on Climate Change: A Commentary”, in Yale Journal of International Law, (18 Feb. 1993).

Sands, Phillipe, “The United Nations Framework Convention on Climate Change”, in RECIEL Vol. 1, No. 3 (1992), pp. 270-277.

“The United Nations Framework Convention on Climate Change”, the official treaty text, available as a booklet from IUCC (see address below).

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