“Features” for Nationally Determined Contributions under the Paris Agreement

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Advice to Q68-24 NDCs features Download

Query:

We would like to explore how this item could lead to strengthening the global climate regime, especially as part of efforts starting in COP 30 to respond to any shortfalls in the aggregate impact of the NDCs submitted during the current round following from the first GST, towards meeting the objectives of the Paris Agreement. In particular, could this item go beyond the strongly bottom-up and nationally determined nature of climate actions, and strengthen the requirements and obligations of parties and potentially other actors, collectively and individually, to take actions in line with the Paris climate temperature and other objectives, especially those in Article 2. 

Specifically, we would appreciate responses to the following questions:

Could you carry out a treaty interpretation exercise to help us understand the term “nationally determined” in the context of the Paris Agreement?

If/how have parties elaborated on how NDCs are “nationally determined”?

Could you carry out a treaty interpretation exercise to help us understand the concept of NDC “features” in the context of the Paris Agreement?

Given that parties have agreed features of NDCs are “outlined in the relevant provisions of the Paris Agreement” (Decision 4/CMA.1, para 19), could you prepare a table of all the possible NDC features that appear in the PA? Please use the table prepared by Korea (further below) for NDC features of Article 4 as a template, adding a column for a short explanation next to the “features” column. If in preparing the table you come across potentially different interpretations of NDC features please also include these.

Please clarify the extent/scope of discretion that countries currently have in applying the envisaged guidance on NDC features?

Summary:

The Paris Agreement establishes a framework for climate action centred on Nationally Determined Contributions (NDCs). The term “nationally determined” affirms state sovereignty in climate action decision-making while requiring substantive analysis and planning from each party. While countries maintain significant discretion in determining their contributions, this discretion operates within the broader framework of the Agreement, including its temperature goals and the principle of common but differentiated responsibilities.

The framework for NDCs has been further developed through subsequent decisions. The Katowice Guidance (Decision 4/CMA.1) provides comprehensive structure for NDC development, including detailed requirements for information clarity, transparency, accounting approaches, and implementation timeframes. The Glasgow Decision (6/CMA.3) built upon this by establishing common timeframes for NDC submissions.

NDCs must fulfil several mandatory procedural requirements. These include successive communication without gaps, adherence to a five-year communication cycle, recording in a public registry, and regular implementation reporting. Substantively, NDCs must represent progression from previous submissions, reflect the highest possible ambition, include clear and transparent information, be anchored in domestic measures, and follow agreed accounting principles.

The Agreement recognizes different national circumstances through differentiated expectations. Developed countries are expected to adopt economy-wide absolute emission reduction targets, while developing countries are encouraged to move toward economy-wide targets over time. Special flexibility is provided for Least Developed Countries (LDCs) and Small Island Developing States (SIDS).

While countries maintain broad authority in determining implementation approaches, this discretion operates within defined boundaries. NDCs cannot regress from previous submissions and must represent a progression, must align with the Agreement’s temperature goals, must provide required information for transparency, and must participate in regular review processes. The transparency framework and accountability mechanisms ensure that national discretion balances with international climate action objectives.

This legal framework represents a careful balance between respecting national sovereignty and maintaining an effective international response to climate change. It provides countries with flexibility in determining their contributions while ensuring these efforts collectively advance the Agreement’s goals through clear procedural requirements and substantive expectations.