BACKGROUND OF THE CONVENTION

The world community at Rio conference showed unanimity on two aspects, i.e., to prevent
global climate change and eradication of biologically diverse species. Accordingly two
legally binding conventions, i.e., the convention on climate change and convention on
biodiversity were signed by representatives of more than 150 countries. The first
convention, i.e., on climate change requires the states to take steps to reduce their emissions
of gasses believed to contribute global warming.
The Parties to this Convention,
Acknowledging that change in the Earths climate and its adverse effects are a common
concern of humankind, Concerned that human activities have been substantially increasing
the atmospheric concentrations of greenhouse gases, that these increases enhance the natural
greenhouse effect, and that this will result on average in an additional warming of the Earths
surface and atmosphere and may adversely affect natural ecosystems and humankind, Noting
that the largest share of historical and current global emissions of greenhouse gases has
originated in developed countries, that per capita emissions in developing countries are
still relatively low and that the share of global emissions originating in developing
countries will grow to meet their social and development needs, Aware of the role and
importance in terrestrial and marine ecosystems of sinks and reservoirs of greenhouse gases,
Acknowledging that the global nature of climate change calls for the widest possible
cooperation by all countries and their participation in an effective and appropriate
international response, in accordance with their common but differentiated responsibilities
and respective capabilities and their social and economic conditions,
Recalling the pertinent provisions of the Declaration of the United Nations Conference
on the Human Environment, adopted at Stockholm on 16 June 1972,
Recalling also that States have, in accordance with the Charter of the United Nations and the
principles of international law, the sovereign right to exploit their own resources pursuant to
their own environmental and developmental policies, and the responsibility to ensure that
activities within their jurisdiction or control do not cause damage to the environment of other
States or of areas beyond the limits of national jurisdiction,
Reaffirming the principle of sovereignty of States in international cooperation to address
climate change, Recognizing that States should enact effective environmental legislation, that
environmental standards, management objectives and priorities should reflect the
environmental and developmental context to which they apply, and that standards applied by
some countries may be inappropriate and of unwarranted economic and social cost to other
countries, in particular developing countries,
In 1992, countries joined an international treaty, the United Nations Framework Convention
on Climate Change, as a framework for international cooperation to combat climate change
by limiting average global temperature increases and the resulting climate change, and coping
with impacts that were, by then, inevitable.
By 1995, countries launched negotiations to strengthen the global response to climate change,
and, two years later, adopted the Kyoto Protocol. The Kyoto Protocol legally binds developed
1

country Parties to emission reduction targets. The Protocols first commitment period started
in 2008 and ended in 2012. The second commitment period began on 1 January 2013 and will
end in 2020.
There are now 196 Parties to the Convention and 192 Parties to the Kyoto Protocol.

UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

The United Nations Framework Convention on Climate Change (UNFCCC) is an
international environmental treaty (also known as a multilateral environmental agreement)
that was opened for signature at the Earth Summit held in Rio de Janeiro in 1992 and came
into force in 1994.
The ultimate objective of the Convention is to stabilise greenhouse gas concentrations in
the atmosphere at a level that will prevent dangerous human interference with the
climate system."1 It states that "such a level should be achieved within a time-frame
sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food
production is not threatened, and to enable economic development to proceed in a
sustainable manner. 194 countries signed the UNFCCC showing near universal agreement
that there is a problem and that action is required against climate change.
The treaty itself is not legally binding as it does not set mandatory limits on greenhouse gas
emissions for individual countries and doesnt contain any enforcement mechanisms.
The convention is built on various principles of international environmental law, e.g.,
the principle of sovereignty of states over natural resources, climate change as a common
concern of mankind, common but differentiated responsibility, precautionary principle,
principle of equity, intergenerational equity and intergenerational equity2.
The convention differentiates three categories of states and formulates different
responsibilities for each of them. Developed states including socialist states with transitioning
economies (OECD States) are listed in Annex I 3 of the convention. Annex I lists the countries
who were members of OECD IN 1992. Annex II 4 comprises of developed states excluding
socialist states with transitioning economies. Non annex I states are developing states which
1 Article 2 of The UNFCC,1992
2 Article 3 of The UNFCC, 1992
3 List of countries included in Annex I Australia ,Austria, Belarusa, Belgium ,Bulgariaa ,Canada, Croatiaa
Czech Republica Denmark European Economic Community Estoniaa Finland France Germany Greece
Hungarya Iceland Ireland Italy Japan Latviaa Liechtenstein* Lithuaniaa Luxembourg Monaco* Netherlands
New Zealand Norway Polanda Portugal Romaniaa Russian Federationa Slovakiaa * Sloveniaa * Spain Sweden
Switzerland Turkey Ukrainea United Kingdom of Great Britain and Northern Ireland United States of America a
Countries that are undergoing the process of transition to a market economy.

are neither listed in annex I nor in Annex II. Article 4(3) of the convention imposes
obligation on the developed states and other developed parties included in annex II new
and additional financial resources and transfer climate friendly technology to the
developing states to enable them to meet their commitments under article 4(1) especially
relating to making of inventories, formulation of climate change mitigation and
adaptation strategies.5
It may be noted that the treaty by itself set no binding limit limit on greenhouse gas emissions
for individual countries and contains no enforcement mechanisms, whereas the said treaty
provides of framework for negotiating specific international treaties which may provides of
framework for negotiating specific international treaties which may set binding limit of
greenhouse gasses and they are called protocols.

The convention on climate change sets an overall framework for intergovernmental efforts to
tackle the challenges posed by climate change. It recognizes that the climate system is a
shared resource whose stability can be affected by industrial and other emissions of carbon
dioxide and other greenhouse gasses.
Under the Convention, governments:
(i)
(ii)
(iii)

Gather and share information on greenhouse gas emissions, national policies and
best practices;
Launch national strategies for addressing greenhouse gas emissions and adapting
to expected impacts, including the provisions of financial and technological
support to developing countries;
Co-operate in preparing for adaption to the impacts of climate change.6

The UN Framework Convention on Climate Change (UNFCCC) is an Environmental treaty

developed to address the problem of climate change. The Convention, which sets out an
agreed framework for dealing with the issue, was negotiated from February 1991 to May
1992 and opened for signature at the June 1992 UN Conference on Environment and
Development (UNCED) also known as the Rio Earth Summit. The UNFCCC entered
into force on 21 March 1994, ninety days after the 50th countrys ratification had been
received. By December 2007, it had been ratified by 192 countries.
Parties to the Convention continue to meet regularly to take stock of progress in
implementing their obligations under the treaty, and to consider further actions to address the
climate change threat. They have also negotiated a protocol to the Convention. The Kyoto
4 List of countries included in Annex II Australia Austria Belgium Canada Denmark European Economic
Community Finland France Germany Greece Iceland Ireland Italy Japan Luxembourg Netherlands New Zealand
Norway Portugal Spain Sweden Switzerland United Kingdom of Great Britain and Northern Ireland United
States of America

5 See gurdip singh , Id., 3-4

6 http://unfcc.int/essential_background/convention/2627.php.
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Protocol was first agreed in December 1997 in Kyoto, Japan, although ongoing discussions
were needed between 1998 and 2004 to finalize the fine print of the agreement. The
Protocol obliges industrialized countries and countries of the former Soviet bloc (known
collectively as Annex I Parties) to cut their emissions of greenhouse gases by an average of
about 5% for the period 2008-2012 compared with 1990 levels. However, under the terms
agreed in Kyoto, the Protocol only enters into force following ratification by 55 Parties to the
UNFCCC, and if these 55 countries included a sufficient number of Annex I Parties that at
least 55% of that groups total carbon dioxide emissions for 1990 were represented. Although
the worlds largest emitter of greenhouse gases, the United States, rejected the Kyoto Treaty
in 2001 after the election of President George W. Bush, a majority of other Annex I Parties,
including Canada, Japan, and the countries of the European Union ratified the treaty. In
November 2004, the Russian Federation also ratified the Protocol, thus reaching the 55%
threshold. The Protocol finally entered into force as a legally-binding document on 16
February 2005. By December 2007, the Protocol had been ratified by 177 countries,
including Annex I parties representing 63.7% of Annex I greenhouse gas emissions in 1990.

OBJECTIVE OF THE UNFCCC

Article 2 of the convention deals with OBJECTIVE
The ultimate objective of this Convention and any related legal instruments that the
Conference of the Parties may adopt is to achieve, in accordance with the relevant provisions
of the Convention, stabilization of greenhouse gas concentrations in the atmosphere at a level
that would prevent dangerous anthropogenic interference with the climate system. Such a
level should be achieved within a time frame sufficient to allow ecosystems to adapt naturally
to climate change, to ensure that food production is not threatened and to enable economic
development to proceed in a sustainable manner.
Kyoto Protocol
However, in light of increasing scientific evidence about the risks of climate change, it soon
became evident to policy makers that a further negotiated agreement might be necessary. In
December 1997, delegates at COP 3 in Kyoto, Japan, agreed to a Protocol to the UNFCCC
that commits developed countries and countries in transition to a market economy to achieve
quantified emission reduction targets. These c=ountries, known under the UNFCCC as Annex
I parties, agreed to reduce their overall emissions of six greenhouse gases by an average of
5% below 1990 levels between 2008-2012 (the first commitment period), with specific
targets varying from country to country. The Convention was complemented by the 1997,
legally binding, Kyoto Protocol, which has 192 Parties. Under this treaty, 37 industrialised
countries and the European Community have committed to reducing their emissions by an
average of 5% by 2012 against 1990 levels. Industrialized countries must first and foremost
take domestic action against climate change. But the Protocol also allows them to meet their
emission reduction commitments abroad through so-called market-based mechanisms

The Kyoto Protocol is an international agreement linked to the United Nations Framework
Convention on Climate Change, which commits its Parties by setting internationally binding
emission reduction targets.
Recognizing that developed countries are principally responsible for the current high levels of
GHG emissions in the atmosphere as a result of more than 150 years of industrial activity, the
Protocol places a heavier burden on developed nations under the principle of "common but
differentiated responsibilities."
The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997 and entered into
force on 16 February 2005. The detailed rules for the implementation of the Protocol were
adopted at COP 7 in Marrakesh, Morocco, in 2001, and are referred to as the "Marrakesh
Accords." Its first commitment period started in 2008 and ended in 2012.

ISSUES UNDER THE CONVENTION

Issues under the convention: Some of the many issues dealt with under the convention
include:
1) To Defining the concept of climate change, greenhouse gases, climate system etc.
2) To Lay down guidelines and principles in such a manner so as to stabilise the
concentration of greenhouse gases in atmosphere.
3) To set out the commitment for the parties to the convention under the principle
common but differentiated responsibilities.
4) To spread education, public awareness, training programme of climate change
and its effect. Etc.

IMPORTANT PROVISION OF THE CONVENTION:

DEFINITION
Article 1
DEFINITIONS
For the purposes of this Convention:
1. Adverse effects of climate change means changes in the physical environment or biota
resulting from climate change which have significant deleterious effects on the composition,

resilience or productivity of natural and managed ecosystems or on the operation of socioeconomic systems or on human health and welfare.
2. Climate change means a change of climate which is attributed directly or indirectly to
human activity that alters the composition of the global atmosphere and which is in addition
to natural climate variability observed over comparable time periods.
3. Climate system means the totality of the atmosphere, hydrosphere, biosphere and
geosphere and their interactions.
4. Emissions means the release of greenhouse gases and/or their precursors into the
atmosphere over a specified area and period of time.
5. Greenhouse gases means those gaseous constituents of the atmosphere, both natural and
anthropogenic, that absorb and re-emit infrared radiation.
Article 3
PRINCIPLES
In their actions to achieve the objective of the Convention and to implement its provisions,
the Parties shall be guided, inter alia, by the following:
1. The Parties should protect the climate system for the benefit of present and future
generations of humankind, on the basis of equity and in accordance with their common but
differentiated responsibilities and respective capabilities. Accordingly, the developed country
Parties should take the lead in combating climate change and the adverse effects thereof.
2. The specific needs and special circumstances of developing country Parties, especially
those that are particularly vulnerable to the adverse effects of climate change, and of those
Parties, especially developing country Parties, that would have to bear a disproportionate or
abnormal burden under the Convention, should be given full consideration.
3. The Parties should take precautionary measures to anticipate, prevent or minimize the
causes of climate change and mitigate its adverse effects. Where there are threats of serious
or irreversible damage, lack of full scientific certainty should not be used as a reason for
postponing such measures, taking into account that policies and measures to deal with climate
change should be cost-effective so as to ensure global benefits at the lowest possible cost. To
achieve this, such policies and measures should take into account different socio-economic
contexts, be comprehensive, cover all relevant sources, sinks and reservoirs of greenhouse
gases and adaptation, and comprise all economic sectors. Efforts to address climate change
may be carried out cooperatively by interested Parties.
4. The Parties have a right to, and should, promote sustainable development. Policies and
measures to protect the climate system against human-induced change should be appropriate
for the specific conditions of each Party and should be integrated with national development
programmes, taking into account that economic development is essential for adopting
measures to address climate change.
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5. The Parties should cooperate to promote a supportive and open international economic
system that would lead to sustainable economic growth and development in all Parties,
particularly developing country Parties, thus enabling them better to address the problems of
climate change. Measures taken to combat climate change, including unilateral ones, should
not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on
international trade.

ARTICLE 4
COMMITMENTS
1. All Parties, taking into account their common but differentiated responsibilities and
their specific national and regional development priorities, objectives and
circumstances, shall:
(a) Develop, periodically update, publish and make available to the Conference of the Parties,
in accordance with Article 12, national inventories of anthropogenic emissions by sources
and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, using
comparable methodologies to be agreed upon by the Conference of the Parties;
(b) Formulate, implement, publish and regularly update national and, where appropriate,
regional programmes containing measures to mitigate climate change by addressing
anthropogenic emissions by sources and removals by sinks of all greenhouse gases not
controlled by the Montreal Protocol, and measures to facilitate adequate adaptation to climate
change;
(c) Promote and cooperate in the development, application and diffusion, including transfer,
of technologies, practices and processes that control, reduce or prevent anthropogenic
emissions of greenhouse gases not controlled by the Montreal Protocol in all relevant sectors,
including the energy, transport, industry, agriculture, forestry and waste management sectors;
(d) Promote sustainable management, and promote and cooperate in the conservation and
enhancement, as appropriate, of sinks and reservoirs of all greenhouse gases not controlled by
the Montreal Protocol, including biomass, forests and oceans as well as other terrestrial,
coastal and marine ecosystems;
(e) Cooperate in preparing for adaptation to the impacts of climate change; develop and
elaborate appropriate and integrated plans for coastal zone management, water resources and
agriculture, and for the protection and rehabilitation of areas, particularly in Africa, affected
by drought and desertification as well as floods;

(f) Promote and cooperate in the full, open and prompt exchange of relevant scientific,
technological, technical, socio-economic and legal information related to the climate system
and climate change, and to the economic and social consequences of various response
strategies;
(g) Promote and cooperate in education, training and public awareness related to climate
change and encourage the widest participation in this process, including that of nongovernmental organizations;
2 The developed country Parties and other Parties included in Annex I commit
themselves specifically as provided for in the following:
(a) Each of these Parties shall adopt national7 policies and take corresponding measures on
the mitigation of climate change, by limiting its anthropogenic emissions of greenhouse
gases and protecting and enhancing its greenhouse gas sinks and reservoirs. These
policies and measures will demonstrate that developed countries are taking the lead in
modifying longer-term trends in anthropogenic emissions consistent with the objective of
the Convention, recognizing that the return by the end of the present decade to earlier
levels of anthropogenic emissions of carbon dioxide and other greenhouse gases not
controlled by the Montreal Protocol would contribute to such modification, and taking
into account the differences in these Parties starting points and approaches, economic
structures and resource bases, the need to maintain strong and sustainable economic
growth, available technologies and other individual circumstances, as well as the need
for equitable and appropriate contributions by each of these Parties to the global effort
regarding that objective. These Parties may implement such policies and measures jointly
with other Parties and may assist other Parties in contributing to the achievement of the
objective of the Convention and, in particular, that of this subparagraph;
Article 6
EDUCATION, TRAINING AND PUBLIC AWARENESS
In carrying out their commitments under Article 4, paragraph 1 (i), the Parties shall:
(a) Promote and facilitate at the national and, as appropriate, subregional and regional
levels, and in accordance with national laws and regulations, and within their respective
capacities:
(i)
(ii)
(iii)
(iv)

the development and implementation of educational and public awareness

programmes on climate change and its effects;
public access to information on climate change and its effects;
public participation in addressing climate change and its effects and developing
adequate responses; and
training of scientific, technical and managerial personnel;

7 This includes policies and measures adopted by regional economic integration organizations.
8

(b) Cooperate in and promote, at the international level, and, where appropriate, using
existing bodies:
(i) the development and exchange of educational and public awareness material on
climate change and its effects; and
(ii) the development and implementation of education and training programmes,
including the strengthening of national institutions and the exchange or secondment of
personnel to train experts in this field, in particular for developing countries.

Article 7
CONFERENCE OF THE PARTIES
The Conference of the Parties (COP) is the "supreme body" of the Convention, that is, its
highest decision-making authority. It is an association of all the countries that are Parties to
the
Convention.
The COP is responsible for keeping international efforts to address climate change on track. It
reviews the implementation of the Convention and examines the commitments of Parties in
light of the Conventions objective, new scientific findings and experience gained in
implementing climate change policies. A key task for the COP is to review the national
communications and emission inventories submitted by Parties. Based on this information,
the COP assesses the effects of the measures taken by Parties and the progress made in
achieving
the
ultimate
objective
of
the
Convention.
The COP meets every year, unless the Parties decide otherwise. The COP meets in Bonn, the
seat of the secretariat, unless a Party offers to host the session. Just as the COP Presidency
rotates among the five recognized UN regions - that is, Africa, Asia, Latin America and
the Caribbean, Central and Eastern Europe and Western Europe and Others there is a
tendency for the venue of the COP to also shift among these groups.
COP does the following activities:
(a) Periodically examine the obligations of the Parties and the institutional arrangements
under the Convention, in the light of the objective of the Convention, the experience gained
in its implementation and the evolution of scientific and technological knowledge; (b) Promote and facilitate the exchange of information on measures adopted by the Parties to
address climate change and its effects, taking into account the differing circumstances,
responsibilities and capabilities of the Parties and their respective commitments under the
Convention;
(c) Consider and adopt regular reports on the implementation of the Convention and ensure
their publication;

(d) Make recommendations on any matters necessary for the implementation of the
Convention;
(e) Promote and guide, in accordance with the objective and provisions of the Convention,
the development and periodic refinement of comparable methodologies, to be agreed on by
the Conference of the Parties, inter alia, for preparing inventories of greenhouse gas
emissions by sources and removals by sinks, and for evaluating the effectiveness of measures
to limit the emissions and enhance the removals of these gases.
(F) Review reports submitted by its subsidiary bodies and provide guidance to them;
(g) Exercise such other functions as are required for the achievement of the objective of the
Convention as well as all other functions assigned to it under the Convention.
The conference of the parties to the convention (COP) became the conventions ultimate
authority.8
Some of the important cop meetings are as follow:Buenos Aires Plan of Action: In November 1998, COP 4 agreed on the process for finalizing
the rules and operational details of the Protocol in a document known as the Buenos Aires
Plan of Action (BAPA). The BAPA set COP 6 as the deadline for finalizing these details and
strengthening implementation of the UNFCCC. In November 2000, parties met at COP 6 in
The Hague, the Netherlands, to complete these negotiations. They were not successful, and
COP 6 was suspended until July 2001, when it reconvened in Bonn, Germany. After further
talks, parties adopted the Bonn Agreements, a decision that provided high-level political
direction on the implementation of the Kyoto Protocol. But delegates were still unable to
finalize text on some issues, and agreed to forward all the draft decisions to COP 7 for final
resolution.
Marrakesh Accords: In November 2001 at COP 7 in Marrakesh, Morocco, delegates
reached agreement on the outstanding matters in the Marrakesh Accords. These Accords
consisted of a package of draft decisions on many of the details of the Kyoto Protocol,
including the flexible mechanisms, reporting and methodologies, land use, land-use change
and forestry (LULUCF), and compliance. The Marrakesh Accords also addressed issues such
as capacity building, technology transfer, responding to the adverse effects of climate change,
and the establishment of three funds: the Least Developed Countries (LDC) Fund, Special
Climate
Change
Fund
(SCCF),
and
Adaptation
Fund.
Delegates built on the Marrakesh Accords at COP 8 and COP 9, elaborating on various
technical rules and procedures. At COP 10 parties also agreed on two new agenda items
focused on adaptation and mitigation, and began informal negotiations on the complex and
sensitive issue of how parties might engage on commitments to combat climate change in the
post-2012
period.
Montreal Conference COP 11 and COP/MOP 1: COP 11 and COP/MOP 1 took place in
8 http://www.cop14.gov.pl/index.php?
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Montreal, Canada, from 28 November to 10 December 2005. COP/MOP 1 took decisions on

the outstanding operational details of the Kyoto Protocol, and formally adopted the
Marrakesh Accords. The meetings also engaged in negotiations on longer-term international
cooperation on climate change. COP/MOP 1 addressed possible processes to discuss post2012 commitments and decided to establish a new subsidiary body, the Ad HocWorking
Group on Further Commitments for Annex I parties under the Kyoto Protocol (AWG).
After lengthy negotiations, COP 11 also agreed to consider long-term cooperation under the
UNFCCC without prejudice to any future negotiations, commitments, process, framework
or mandate under the Convention. This would take place through a series of four workshops
constituting a Dialogue on the matter through to COP 13.

Article 9
SUBSIDIARY BODY FOR SCIENTIFIC AND TECHNOLOGICAL ADVICE

SUBSIDIARY BODY
The Convention established two permanent subsidiary bodies: the Subsidiary Body for
Scientific and Technological Advice (SBSTA) and the Subsidiary Body for Implementation
(SBI). These bodies give advice to the COP and each has a specific mandate. They are both
open to participation by any Party and governments often send representatives who are
experts in the fields of the respective bodies.
Subsidiary Body for Scientific and Technological Advice (SBSTA)
The Subsidiary Body for Scientific and Technological Advice (SBSTA) was created to
provide UNFCCC's Conference of the Parties with advice on scientific, technological and
methodological matters. Two key areas are promoting the development and transfer of
environmentally-friendly technologies, and conducting technical work to improve the
guidelines for preparing national communications and emission inventories. In addition, the
SBSTA plays an important role as the link between the scientific information provided by
expert sources such as the IPCC on the one hand, and the policy-oriented needs of the COP
on the other. The SBSTA works closely with the IPCC, sometimes requesting specific
information or reports from it, and also collaborates with other relevant international
organizations that share the common objective of sustainable development.
Article 9 read as follow:

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1. A subsidiary body for scientific and technological advice is hereby established to provide
the Conference of the Parties and, as appropriate, its other subsidiary bodies with timely
information and advice on scientific and technological matters relating to the Convention.
This body shall be open to participation by all Parties and shall be multidisciplinary. It shall
comprise government representatives competent in the relevant field of expertise. It shall
report regularly to the Conference of the Parties on all aspects of its work.
2. Under the guidance of the Conference of the Parties, and drawing upon existing competent
international bodies, this body shall:
(a) Provide assessments of the state of scientific knowledge relating to climate change and its
effects;
(b) Prepare scientific assessments on the effects of measures taken in the implementation of
the Convention;
(c) Identify innovative, efficient and state-of-the-art technologies and know-how and advise
on the ways and means of promoting development and/or transferring such technologies;
(d) Provide advice on scientific programmes, international cooperation in research and
development related to climate change, as well as on ways and means of supporting
endogenous capacity-building in developing countries; and
(e) Respond to scientific, technological and methodological questions that the Conference of
the Parties and its subsidiary bodies may put to the body.
3. The functions and terms of reference of this body may be further elaborated by the
Conference of the Parties.
Article 10
SUBSIDIARY BODY FOR IMPLEMENTATION
Subsidiary Body for Implementation (SBI)
The SBI gives advice to the COP on all matters concerning the implementation of the
Convention. A particularly important task in this respect is to examine the information in the
national communications and emission inventories submitted by Parties in order to assess the
Conventions overall effectiveness. The SBI reviews the financial assistance given to
developing country Parties to help them implement their Convention commitments, and
provides advice to the COP on guidance to the financial mechanism (operated by the Global
Environment Facility (GEF)). The SBI also advises the COP on budgetary and administrative
matters.
Article10 read as follow:
12

1. A subsidiary body for implementation is hereby established to assist the Conference of the
Parties in the assessment and review of the effective implementation of the Convention. This
body shall be open to participation by all Parties and comprise government representatives
who are experts on matters related to climate change. It shall report regularly to the
Conference of the Parties on all aspects of its work.
2. Under the guidance of the Conference of the Parties, this body shall:
(a) Consider the information communicated in accordance with Article 12, paragraph 1, to
assess the overall aggregated effect of the steps taken by the Parties in the light of the latest
scientific assessments concerning climate change;
(b) Consider the information communicated in accordance with Article 12, paragraph 2, in
order to assist the Conference of the Parties in carrying out the reviews required by Article 4,
paragraph 2 (d); and (c) Assist the Conference of the Parties, as appropriate, in the
preparation and implementation of its decisions.

The SBSTA and SBI work together on cross-cutting issues that touch on both their areas of
expertise. These include capacity building, the vulnerability of developing countries to
climate change and response measures, and the Kyoto Protocol mechanisms.
The SBSTA and the SBI have traditionally met in parallel, at least twice a year. When they
are not meeting in conjunction with the COP, the subsidiary bodies usually convene at the
seat of the secretariat.

CONCLUSION
The overall umbrella and processes of the UNFCCC and the adopted Kyoto Protocol have
been criticized by some as not having achieved its stated goals of reducing the emission
of carbon dioxide (the primary culprit blamed for rising global temperatures of the 21st
century). At a speech given at his alma mater, Todd Stern the US Climate Change
envoy has expressed the challenges with the UNFCCC process as follows, Climate
change is not a conventional environmental issue. It implicates virtually every aspect of a
state's economy, so it makes countries nervous about growth and development. This is an
economic issue every bit as it is an environmental one. He went on to explain that, the
United Nations Framework Convention on Climate Change is a multilateral body concerned
with climate change and can be an inefficient system for enacting international policy.
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Because the framework system includes over 190 countries and because negotiations are
governed by consensus, small groups of countries can often block progress.
The failure to achieve meaningful progress and reach effective-CO2 reducing-policy treaties
among the parties over the past eighteen years have driven some countries like the United
States to never ratify the UNFCCC's largest body of work the Kyoto Protocol, in large
part because the treaty didn't cover developing countries who now include the largest
CO2 emitters. However, this fails to consider the historical responsibility for climate change
since industrialisation, which is a contentious issue in the talks, and the responsibility of
emissions from consumption and importation of goods. It has also led Canada to withdraw
from the Kyoto Protocol out of a desire to not force its citizens to pay penalties that
would result in wealth transfers out of Canada. Canada formally withdrew from the Kyoto
Protocol in 2011. Both the US and Canada are looking at Voluntary Emissions
Reduction schemes that they can implement internally to curb carbon dioxide emissions
outside the Kyoto Protocol.
In 2010, Japan stated that it will not sign up to a second Kyoto term, because it would impose
restrictions on it not faced by its main economic competitors, China, India and Indonesia. A
similar indication was given by the Prime Minister of New Zealand in November 2012.At the
2012
conference,
last
minute
objections
at
the
conference
by
Russia, Ukraine, Belarus and Kazakhstan were ignored by the governing officials, and they
have indicated that they will likely withdraw or not ratify the treaty. These defections place
additional pressures on the UNFCCC process that is seen by some as cumbersome and
expensive: in the UK alone the climate change department has taken over 3,000 flights in two
years at a cost of over 1,300,000 (British Pounds).
Before the 2015 United Nations Climate Change Conference, National Geographic
Magazine added criticism, writing: "Since 1992, when the worlds nations agreed at Rio
de Janeiro to avoid 'dangerous anthropogenic interference with the climate system,'
theyve met 20 times without moving the needle on carbon emissions. In that interval
weve added almost as much carbon to the atmosphere as we did in the previous
century."

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