The issue of loss and damages in the UNFCCC negotiations

Meron Tesfaye Sharowat Shamin Rosa Manzo

Examples of climate change damages

TornadoesDrought

Floods

Desertification

Extinction of Species

Environmental Refugees

Case Study

The Dniester/Nistru River near Pohrebea in Moldova

It is shared by Ukraine and Moldova. It will be significantly affected by climate change, with summer temperatures expected to rise by 2 to 4 degrees Celsius by the end of the century.

It expected that the area will become more vulnerable to extreme weather conditions, such as floods and summer droughts

Priority areas requiring adaptation at the trans boundary level:

• Flood management• ecosystems and agriculture/irrigation• improvement of the monitoring system and data exchange between the

two countries,• ecosystem restoration and• awareness-raising

Warsaw international mechanism on loss and damage (COP 19 decision)

Target group◦ Developing countries that are particularly vulnerable to the adverse

impact of climate change

Damages Addresssed◦ Loss and damages associated with impacts of climate change

◦ Extreme events◦ Slow onset events

Bodies under this mechanism

Three bodies Executive Committee

◦Subsidiary Body for Scientific and Technological Advice◦Subsidiary Body for Implementation

Executive Committee under COP 19

Composition of EC◦ Two representatives from the Adaptation Committee◦ Two representatives from LDCs’ Expert Group◦ Two representatives from the Standing Committee on Finance◦ Two representatives from Technology Executive Committee◦ Two representatives from Consultative Group of Experts on National

Communications from Parties not included in Annex I to the UNFCCC

The EC shall be accountable to the COP.

Functions of EC1. Enhancing the Risk Management Approach by

◦ addressing gaps in the understanding and developing expertise on the issue◦ collecting, managing and using relative data and information◦ overviewing the past experiences and best practices to address the issue

2. Strengthening dialogue, coordination, coherence, synergies among relevant stakeholders; convening meetings among them and making recommendations to enhance engagement.

3. Providing Financial and Technical support and Exchange of Information among the Parties and other stakeholders.

Future Work Plan of EC◦The initial EC meeting is to be held by March, 2014.

◦The EC shall develop its initial two years work plan to implement those functions by December 2014 (next COP meeting).

◦The EC shall review its work plan in COP 22 (2016).

Challenges under Warsaw Mechanism

Financial method? Adaptation?

State responsibilities? Compensation?Right? Obligation?

Challenges under Warsaw Mechanism

Financial method?◦ No clear-cut obligations◦ Vague wordings ( Enhancing, facilitate…)

Who has to pay?◦ developed countries?◦ private stakeholders (business companies)

State responsibilities?◦ No strict responsibilities to compensate the victim-states◦ Literal interpretation (art. 31 a) VCLT) : no reference to “liability”.

Challenges (cont.)

Compensation?◦ Right? ◦ Obligation?◦ Obligation to prevent damages?

Take precautionary measures, in accordance with the principles and provisions of the Convention, to anticipate, prevent or minimize the causes of climate change ad mitigate its adverse effects…. COP 18, decision 3 Preamble

Recalling the role of the Convention in enhancing the implementation of approaches to address loss and damage associated with the adverse effects of climate change…COP 17,d.7.

Challenges (cont.) State responsability for Climate Change Damages in IL?

DASR: responsability as consequence of a wrongful act.

Elements: (Art.2) 1. Breach of international obligation

Obligation to prevent damages under UNFCCC?

Preamble: …ensure that activities within their jurisdiction or control do not cause damage to the environment of other States

2.Conduct attributable to the State

multiple sources of emissions!

Discussun is still ongoing!

Challenges (cont.)Adaptation measure?

◦ Cancun Adaptation Framework◦ definition: Adjustments in ecological, social or economic system … to moderate potential

damages◦ damages under Warsaw mechanism: potential and/or occurred?

THANK YOU!

Amesegnalhu (Ethiopia)

Dhonnobad (Bangladesh)

Grazie (Italy)