Legal Response International » Loss and Damage as a source of input to the Global Stocktake

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Please consider the basis on which loss and damage may be considered as a source of input for the global stocktake referred to in Article 14 of the Paris Agreement (“global stocktake”).

Summary:

There are a number of arguments based on the Paris Agreement and its Rulebook that support loss and damage being considered a source of input for the global stocktake. Specifically:

The Rulebook directly refers to loss and damage being considered as a source of input for the global stocktake in a number of instances;
Reports and submissions which may cover loss and damage are identified as sources of input for the global stocktake in the Rulebook; and
Loss and damage considerations feed into the Paris Agreement’s transparency framework, which is intended to inform the global stocktake.

Advice:

Background

The Paris Agreement provides that its Parties shall periodically take stock of the implementation of the Paris Agreement to assess the collective progress towards achieving the purpose of the Agreement and its long-term goals (referred to as the “global stocktake”).[1]

The modalities of, and sources of input for, the global stocktake are outlined in Article 14 of the Paris Agreement and decision 19/CMA.1 (herein referred to as the “GST Decision”), which forms part of the Paris Agreement Rulebook.

The global stocktake consists of three primary components: (a) information collection and preparation; (b) technical assessment; and (c) consideration of outputs.[2] The information collection and preparation stage of the first global stocktake is due to commence following COP26/CMA3 in November 2021.

A joint contact group established by the Subsidiary Body for Implementation and the Subsidiary Body for Scientific and Technological Advice (“Joint Contact Group”) has been tasked with assisting the Parties in conducting the global stocktake in accordance with the GST Decision.[3]

The sources of input for the global stocktake are identified in paragraph 35 to 37 of the GST Decision. An extract of paragraphs 35 to 38 of the GST Decision is included in the Schedule to this advice. Each paragraph may be briefly summarised as follows:

Paragraph 35 provides that the sources of input for the global stocktake should inform the thematic areas referred to in paragraph 6(b) of the GST Decision, being: (a) mitigation; (b) adaptation; and (c) the means of implementation and support.
Paragraph 36 sets out eight sources of input to be considered “at a collective level” as part of the global stocktake; and
Paragraph 37 identifies nine categories of reports and submissions to be considered as sources of input.
Paragraph 38 provides that the sources of input identified in paragraphs 36 and 37 of the GST Decision are non-exhaustive lists and invites the Subsidiary Body for Scientific and Technological Advice to complement these lists at its session held prior to the information collection and preparation component of the global stocktake, as appropriate, taking into account the thematic areas of the global stocktake and the importance of leveraging national-level reporting.[4]

The process of updating the sources of input for the global stocktake, as contemplated by paragraph 38 of the GST Decision, is taking place at SBSTA 52 in June 2021.

There are a number of arguments based on the text of the Paris Agreement and its Rulebook that may support loss and damage being considered a source of input for the global stocktake. These are discussed below.

Direct references to loss and damage as a source of input

Paragraph 6(b) of the GST Decision specifically notes that, in the context of the technical dialogue to be conducted by the GST Joint Contact Group, the global stocktake “may take into account, as appropriate, efforts related to its work that … [a]vert, minimize and address loss and damage associated with the adverse effects of climate change”.

Further, paragraph 36 of the GST Decision expressly provides that information “at a collective level” on “efforts to enhance understanding, action and support, on a cooperative and facilitative basis, related to averting, minimizing and addressing loss and damage associated with the adverse effects of climate change” are to be considered as part of the global stocktake.[5]

Reports and submissions that may cover loss and damage as a source of input

There may be consideration of loss and damage as part of the various reports and submissions identified as sources of input in paragraph 37 of the GST Decision.

Reports from the relevant constituted bodies and forums and other institutional arrangements under or serving the Paris Agreement and/or the Convention are listed as a source of input for the global stocktake.[6] The secretariat is tasked with producing a synthesis report of all such reports,[7] which is itself a source of input for the global stocktake.[8]

These reports are particularly relevant for loss and damage as the GST Decision invites the relevant constituted bodies and forums – including the Executive Committee of the Warsaw International Mechanism for Loss and Damage associated with Climate Change Impacts – to prepare, with the assistance of the secretariat, synthesis reports for the technical assessment on the information identified in paragraph 36 in their areas of expertise.[9] Similarly, it is expected that reports of other bodies, such as the Standing Committee on Finance and the Green Climate Fund, will include assessment of collective loss and damage finance needs and response options.

Transparency Framework

Paragraphs 5 and 6 of Article 13 of the Paris Agreement provide that one of the purposes of the transparency framework for action and support referred to in Article 13 of the Paris Agreement (“Transparency Framework”) is to inform the global stocktake.

The modalities, procedures and guidelines for the Transparency Framework provide that information related to averting, minimizing and addressing loss and damage associated with climate change impacts facilitates recognition of the adaptation efforts of developing country Parties and should be reported in a Party’s biennial transparency report as part of providing information on climate change impacts and adaptation under Article 7 of the Paris Agreement.[10] Such information is also expressly listed as a source of input for the global stocktake in the GST Decision.[11]

Schedule

Decision 19/CMA.1

Matters relating to Article 14 of the Paris Agreement and paragraphs 99–101 of decision 1/CP.21

…

II. Sources of input

35. Decides that the sources of input for the global stocktake should inform the thematic areas referred to in paragraph 6(b) above;

36. Also decides that the sources of input for the global stocktake will consider information at a collective level on:

(a) The state of greenhouse gas emissions by sources and removals by sinks and mitigation efforts undertaken by Parties, including the information referred to in Article 13, paragraph 7(a), and Article 4, paragraphs 7, 15 and 19, of the Paris Agreement;

(b) The overall effect of Parties’ nationally determined contributions and overall progress made by Parties towards the implementation of their nationally determined contributions, including the information referred to in Article 13, paragraph 7(b), of the Paris Agreement;

(c) The state of adaptation efforts, support, experience and priorities, including the information referred to in Article 7, paragraphs 2, 10, 11 and 14, of the Paris Agreement, and the reports referred to in Article 13, paragraph 8, of the Paris Agreement;

(d) The finance flows, including the information referred to in Article 2, paragraph 1(c), and means of implementation and support and mobilization and provision of support, including the information referred to in Article 9, paragraphs 4 and 6, Article 10, paragraph 6, Article 11, paragraph 3, and Article 13, in particular paragraphs 9 and 10, of the Paris Agreement. This should include information from the latest biennial assessment and overview of climate finance flows of the Standing Committee on Finance;

(e) Efforts to enhance understanding, action and support, on a cooperative and facilitative basis, related to averting, minimizing and addressing loss and damage associated with the adverse effects of climate change;

(f) Barriers and challenges, including finance, technology4 and capacity-building gaps, faced by developing countries;

(g) Good practices, experience and potential opportunities to enhance international cooperation on mitigation and adaptation and to increase support under Article 13, paragraph 5, of the Paris Agreement;

(h) Fairness considerations, including equity, as communicated by Parties in their nationally determined contributions;

37. Decides that the sources of input for the global stocktake include:

(a) Reports and communications from Parties, in particular those submitted under the Paris Agreement and the Convention;

(b) The latest reports of the Intergovernmental Panel on Climate Change, pursuant to decision 1/CP.21, paragraph 99;

(d) Reports from relevant constituted bodies and forums and other institutional arrangements under or serving the Paris Agreement and/or the Convention;

(e) The synthesis reports by the secretariat referred to in paragraph 23 above;

(f) Relevant reports from United Nations agencies and other international organizations, which should be supportive of the UNFCCC process;

(g) Voluntary submissions from Parties, including on inputs to inform equity considerations under the global stocktake;

(h) Relevant reports from regional groups and institutions;

(i) Submissions from non-Party stakeholders and UNFCCC observer organizations;

38. Invites the Subsidiary Body for Scientific and Technological Advice to complement the non-exhaustive lists in paragraphs 36 and 37 above at its session held prior to the information collection and preparation component of the global stocktake, as appropriate, taking into account the thematic areas of the global stocktake and the importance of leveraging national-level reporting.

[1] Paris Agreement, Article 14, paragraph 1.

[2] GST Decision, paragraph 3.

[3] GST Decision, paragraph 4.

[4] GST Decision, paragraph 38.

[5] GST Decision, paragraph 36(e).

[6] GST Decision, paragraph 37(d).

[7] GST Decision, paragraph 23(d).

[8] GST Decision, paragraph 37(e).

[9] GST Decision, paragraph 24.

[10] Decision 18/CMA.1, Annex, paragraphs 10(c), 104-105 and 115.

[11] GST Decision, paragraph 36(c).