Summary of United Nations Framework Convention on Climate Change, 1992
United Nations Framework Convention on Climate Change (UNFCCC), 1992
Background
The UNFCCC was adopted at the Earth Summit in Rio de Janeiro, 1992.
It is a multilateral environmental treaty aimed at combating climate change by stabilizing greenhouse gas concentrations.
The Convention entered into force on 21 March 1994.
It provides the foundational legal framework for global efforts to mitigate climate change.
Objectives of the UNFCCC
To stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.
To allow ecosystems to adapt naturally to climate change.
To ensure food production is not threatened.
To enable sustainable economic development.
Key Features
Principle of Common but Differentiated Responsibilities (CBDR)
Developed countries have greater responsibility due to their historic emissions.
Developing countries are to contribute but with flexibility and support.
Parties’ Obligations
All parties must report their greenhouse gas emissions.
They should develop and implement national policies to mitigate climate change.
Developed countries provide financial and technological support to developing countries.
Conference of Parties (COP)
The supreme decision-making body.
Meets annually to assess progress and negotiate protocols or amendments (e.g., Kyoto Protocol, Paris Agreement).
Non-binding Emission Targets
The Convention set no binding emission reduction targets for parties (binding commitments came later through Kyoto Protocol).
Adaptation and Mitigation
Emphasizes both reducing emissions (mitigation) and adapting to effects of climate change.
Significance
The UNFCCC laid the groundwork for subsequent international climate agreements.
It created mechanisms for monitoring, reporting, and verification.
Emphasized international cooperation and technology transfer.
Provided a platform for developing countries’ concerns and rights.
Relevance in Indian and Global Jurisprudence
While the UNFCCC itself is an international treaty, Indian courts have referred to India’s international commitments under it to interpret domestic environmental laws and policies.
For example, courts have used the precautionary principle and sustainable development concepts (embedded in UNFCCC) in environmental and climate litigation.
Notable Indian Cases Related to Climate Change Principles
Though not directly about the UNFCCC text, these cases reflect climate change principles:
M.C. Mehta v. Union of India (Taj Trapezium Case), AIR 1997 SC 734
Emphasized the need to control pollution and protect the environment, reflecting sustainable development ideas.
T.N. Godavarman Thirumulpad v. Union of India, AIR 1997 SC 1228
Addressed forest conservation and ecological balance, important for carbon sinks in climate change.
N.D. Jayal v. Union of India, AIR 2017 SC 1320
A recent case where the Supreme Court highlighted India’s climate commitments and directed government action on air pollution and climate change mitigation.
Summary
| Aspect | Details |
|---|---|
| Adoption | 1992, Earth Summit, Rio de Janeiro |
| Objective | Stabilize greenhouse gas concentrations |
| Key Principle | Common but differentiated responsibilities (CBDR) |
| Obligations | Reporting, policy-making, support to developing countries |
| Decision-Making Body | Conference of Parties (COP) |
| Legal Nature | Framework treaty (no binding emission targets) |
| Significance | Basis for Kyoto Protocol, Paris Agreement |
RELATED Blog
0 comments