Sustainable Development a New Paradigm for Climate Change Adaptation under the Paris Agreement

1. Sustainable Development a
New Paradigm for Climate Change Adaptation under the
Paris Agreement
Kandala Lupwana Jean Jacques
South African Research Chair in International Law
University of Johannesburg

2. Presentation outlined
 Introduction
 Discussion : sustainable international law principles
1. The duty of States to ensure sustainable use of natural resources
2. The principle of equity and the eradication of poverty
3. The precautionary approach to human health, natural resources and ecosystems
4. The principle of common but differentiated responsibilities and respective capacities (CBDRRC)
5. The principle of public participation and access to information and justice
6. The principle of Good Governance
7. The principle of integration of environmental, human rights and social considerations into
economic programmes
 Conclusion

3. Introduction
 Sustainable development in the Paris Agreement
Article 2 “Strengthen the global response to the threat of climate change in the context of
sustainable development and efforts to eradicate poverty..”
Although, the commitment to sustainable development, especially goals 13 is relevant for the
leading high ambition countries, for emerging economies and for the most vulnerable countries
of the world that are otherwise often excluded from international law making, how sustainable
development, as a mechanism for climate change mitigation and adaptation assists in the
implementation of the new approach: nationally determined contributions to the threat of
climate change, call for in-depth analysis which this paper aims to achieve.

4. Sustainable development principles
 Article 6 of the Paris Agreement states: “Parties recognize the importance of integrated,
holistic and balanced non-market approaches being available to Parties to assist in the
implementation of their nationally determined contributions, in the context of sustainable
development and poverty eradication, in a coordinated and effective manner, including
through, inter alia, mitigation, adaptation, finance, technology transfer and capacity
building, as appropriate
 The duty of States to ensure sustainable use of natural resources
In Article 2 of the Paris Agreement, Parties recognize that “limiting the temperature increase to
1.5 °C above pre-industrial levels would significantly reduce the risks and impacts of climate
change.” In particular, parties are required to mitigate atmospheric and carbon resources in a
sustainable manner.
Atmospheric and carbon resources are framed as key resources to be managed in order to avoid
dangerous climate change impacts

5. Sustainable development and equity
 The principle of equity and the eradication of poverty
The idea that present generations should hold the natural resources in trust for future
generations is a very well established principle of international law underlining the principle of
intra and intergenerational equity:
It is noted that Parties should protect the climate on the basis of equity for the benefits of the
present and future generations. In this context, the sustainable development approach requires
the adoption of appropriate, genuine or rational standards governing the proportion of
exploitation of specific natural resources. Efforts to eradicate poverty are also highlighted in
the Preamble to the Agreement at paragraphs 8 and 9, in the statement of the general objective
of the Agreement at Article 2, and in relation to cooperation to implement NDCs at Article 6.

6. Sustainable development and precautionary
approach for climate change mitigation
 paragraph 4 and article 4(1) on the urgent ‘threat’ of climate change and the need to
strengthen global response to the ‘threat’ of climate change and to significantly reduce the
risks of climate change
 The Paris Agreement and the UNFCCC itself are founded on the precautionary principle.
In order to stabilize GHG concentrations in the atmosphere at a level that would prevent
dangerous anthropogenic interference with the climate system and in order to allow
ecosystems to adapt naturally to climate change, so as to ensure that food production is not
threatened and to enable economic development to proceed in a sustainable manner,
mitigation and adaptation actions must be taken, even not in the event of scientific
uncertainty, to identify the exact contours of the challenges.

7. Sustainable development and CBDRRC
 Principle recognised that climate change impact is a common challenge for the
international community as a whole. However, the contribution and responsibilities are
different. Likewise effort to combat climate change is also different. In this context article
2(2) of the Paris Agreement indicates that the “agreement will be implemented to reflect
the principle of common but differentiated responsibilities and respective capacities, in
light of different national circumstances”.
 In the context of climate change mitigation, the CBDRRC principle requires each Party to
strive to formulate and communicate long-term low GHG development strategies, taking
into account the differences in national circumstances. The Paris Agreement also induces
parties to the mobilization of financial assistance, assistance in adaptation efforts,
facilitation of technology transfer and capacity building Article 4 (19) & the Preamble at
paragraph 3.

8. Sustainable development and public
participation
 Article 12 states as follow: “Parties shall cooperate in taking measures, as appropriate, to
enhance climate change education, training, public awareness, public participation and
public access to information, recognizing the importance of these steps with respect to
enhancing actions under this Agreement
 Climate change mitigation and adaption require public engagement, which depend on the
information that is made available to the public. The Agreement requires that information
must be available through National Communications submitted to international registries,
the global stocktake, and the peer review. Those mechanisms are meant to assist parties to
progressively intensify their contributions to mitigation, adaptation, finance and other
aspects of the global response to climate change. The concept of public participation is also
interrelated with that of “climate justice”. The former indicates that climate change is the
justice challenge of this century, where other countries or regions are disproportionately
affected by its impacts. In this context its calls for sustainable justice Article 11 (11&12) of
the Paris Agreement.

9. Sustainable development and good governance
 Good governance is also important in the context of climate change mitigation and
adaptation. The Paris Agreement, particularly for the cooperative approaches that involve
the use of internationally transferred mitigation outcomes towards Nationally Determined
Contributions, requires parties to ensure transparency in governance and robust accounting.
 Likewise, the adoption decision of the Paris Agreement notes in establishing capacity-
building initiative for transparency, parties must seek to build institutional and technical
capacity through national communications, biennial reports and biennial update reports,
international assessment and review and international consultation and analysis Article 6
(2) of the Paris Agreement.

10. Sustainable development and the principle of
integration of environmental, human rights and
social considerations into economic programmes
 Article 2 (1c), 7 (9 e) and 10 (5) of the Paris Agreement makes reference to the need for
“climate-resilient development”, “economic diversification and sustainable resource
management in the context of adaptation” and “link between economic growth and sustainable
development in the context of technology transfers”, respectively.
 In particular, article 7 (9 e), which also highlights the resilience of socioeconomic and ecological
systems, underlines the need for adaptation measures to integrate all three objectives, namely the
integration of environmental considerations into economic and social development. Parties must
ensure that climate change actions are economically viable and respect for human rights is
ensured
 The principle of integration is also a safeguard to food security, promotion and protection of
human rights, gender equality, and indigenous rights. This was also affirmed by the International
Law Association Washington Resolution on Climate Change in 2014, which attested that states
have an obligation of due diligence when developing social and economic plans, to mitigate
climate change impacts which may result in significant emissions of greenhouse gases

11. Conclusion
 The economic, social and environmental sustainability or sustainable development, good
governance, equity, and precautionary principles are reflected in the new climate change
agreement, which provide a framework to ensure that Parties’ commitments are equitable,
sustainable, and effectively implemented to avoid dangerous climate change. Indeed, based
on the available scientific information, public participation and good governance there can
be no worst-case scenarios for climate change and the effective implementation of the Paris
Agreement, with due consideration for the applicable principles of international law, is
necessary to achieving sustainable development in the areas of climate change