1 The International Legal Framework for Adaptation: Gaps and Challenges New Delhi, 24 October 2002 Jürgen G. J. Lefevere Programme Director Climate Change Foundation for International Environmental Law and Development

2 The project ‘Bottom-up approach’: recommendations for addressing equity and justice concerns in the development of the international framework to provide adaptation assistance Start of project, scoping exercise, comments please! International legal framework “Adaptation to the Impacts of Anthropogenic Climate Change – The International Legal Framework” – Roda Verheyen, 11:2 RECIEL, 2002

3 Adaptation & Mitigation Cannot be seen in isolation The less we mitigate emissions, the more we need to adapt Adaptation without mitigation often too expensive or simply impossible!

4 Adaptation ignored? Article 4(1)(b) UNFCCC: “All Parties…shall formulate, publish and regularly update…programmes containing… measures to facilitate adequate adaptation to climate change” Article 4(1)(e) UNFCCC: “All Parties…shall cooperate in preparing for adaptation to the impacts of climate change”

5 Adaptation ignored? Article 4(4) UNFCCC: “The developed country Parties…shall also assist the developing country Parties that are particularly vulnerable to the adverse effects of climate change in meeting costs of adaptation to those adverse effects” Article 4(8) UNFCCC: funding, insurance, TT Article 4(9) UNFCCC: special needs LDCs

6 Adaptation ignored? Article 3(14) Kyoto Protocol: “COP/MOP shall consider what actions are necessary to minimize the adverse effects of climate change and/or the impacts of response measures … including the establishment of funding, insurance and transfer of technology”

7 …but sufficiently addressed? Funding for adaptation framework elaborated since COP-1, in particular GEF assistance “Stage I” adaptation activities (planning for adaptation) and Vulnerability & Adaptation Assessments in the context of non-Annex I national communications. Development of adaptation framework hampered by link with the “adverse impact of response measures” Have developing countries used all opportunities to report on adaptation in national communications?

8 …but sufficiently addressed? COP-7 (Marrakech Accords): New guidance to the GEF (pilot or demonstration projects) Three new funds covering adaptation: –Least Developed Countries fund (NAPAs) –Special Climate Change Fund (general CC) –Adaptation Fund

9 …but sufficiently addressed?

10 …but sufficiently addressed? Funding framework –Guidelines for provision of funding/review GEF –…..and funding? Methodological work & reporting –Methodological work –Non-Annex I national communications “Flanking measures”: –Capacity building - implementation –Technology transfer - implementation –Information/awareness raising - elaboration

11 Elaboration and Implementation Equity issues! Bottom-up approach to elaborate and implement international regime

12 Conclusions Adaptation & Mitigation Adaptation not ignored, but needs more attention Challenge for Delhi high-level segment: address gaps and implementation Role of equity in development of framework

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