Elements of a
FRAMEWORK CONVENTION ON CLIMATE CHANGE
4 June 1991
PART I. INTRODUCTION AND GENERAL MATTERS
1. PREAMBLE
1.1 Problem
overwhelming importance of climate to the global environment
and to human society
Need to protect atmosphere
Scientific observation that human activity is affecting
climate in a manner that i s unpredictable and potentially
catastrophic
The very existence of low-lying coastal and small vulnerable
island countries is placed at risk by the consequences of
climate change
1.2 Action
Need to take immediate action based on the Precautionary
Principle so that the consequences of climate change can be
averted
1.3 Context of Action
Responsibility for the problem lies historically with
industrialised countries. Currently responsibility lies with
all countries, but not equally: the principle of
differentiated responsibility
Responsibility _for the solution lies with all countries on the
basis of historic contributions and differentiated
responsibility, taking into account the special circumstances
developing countries, particularly their need for
appropriate technology and new and additional funding
Responsibility for the Global Commons
This convention and participation in the negotiations leading to its conclusion,
is without prejudice to the existing rights under international law, existing rights
including rules governing international liability for damage to people, property and
the environment.
1.4 Relevant International Instruments
(a) Declaration of the UN Conference on the Human Environment
(Stockholm Declaration) Principle 21:
“States have the sovereign right to exploit
their own resources pursuant to their own
environmental 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”
(b) General Assembly Resolution 44/228 convening the UNCED
(c) UNGA Resolution 45/53 establishing the IPCC and
determining that action should be taken at a global
level to combat climate change
(d) The First Assessment Report of the IPCC
(e) UNGA Resolution 45/212 convening the Intergovernmental
Negotiating Committee for a Framework Convention on
Climate Change
e) The Ministerial Declaration of the Second World
Climate Conference (A/45/696/Add.1, annex III)
2. DEFINITIONS
General Language of Convention:
“Climate”
“Activities affecting Climate”
“Climate Change”
“Consequences of Climate Change”
“Developing country”
“Fiscal and other Incentives”
“Fossil Fuels”
“Greenhouse Gases” [exclude GHGs already the subject of
international regulation]
“Sinks”
“Reservoirs”
“Subsidies”
“Industrialised/ Developed Country”
“International Trade”
In the context of Funding: “New”, “Adequate” and “Additional”
In the context of Technology Transfer: “Fair and most
Favourable”
3. GOVERNING PRINCIPLES
This convention shall be based upon and interpreted in the
context of the following principles:
3 .1 The Precautionary ·Principle: the principle which operates
where there is sufficient evidence to identify a threat of
serious or irreversible harm to the environment to establish
a duty to take measures which anticipate prevent and attack
the causes of environmental degradation prior to conclusive
scientific proof that the threat will or does harm the
environment.
3.2 The Polluter Pays Principle: the principle that those
responsible for causing damage to the environment bear the
responsibility for rectifying that damage.
3.3 Sustainable Development
3.4 Equity
3.5 Inter-generational Equity: the duty of all States to preserve
and protect natural capital for the benefit of present and
future generations
3.6 Liability: This Convention shall be without prejudice to the
application of the rules of international law governing the
liability of States
3.7 Relevant Scientific, Technical and Economic considerations:
Implementation of this Convention shall be based on relevant
scientific and technical considerations. Action shall be
taken by the parties in accordance with the means at their
disposal and their capabilities.
3.8 Clean Production
4. SPECIAL NEEDS OF CERTAIN CATEGORIES OF COUNTRIES, REGIONS AND
AREAS
4.1 Small island_developing countries – low-lying coastal areas – arid and semi arid areas – tropical regions liable to flooding – areas liable to drought and desertification
4. 2 Entitlement to participate in the work of the Committees
established to implement the Convention thus ensuring representation of the special needs
4.3 Financial assistance for adaptation strategies
4. 4 Financial and technical assistance for monitoring, observation
and scientific research
4.5 Consideration of specific localised problems including coral
bleaching, increasing hurricane intensity, hydrology and storm
surges
PART II. INTERNATIONAL AND REGIONAL COOPERATION
5. GENERAL OBJECTIVES
5.1 The Parties shall take all necessary measures in accordance
with the terms of this Convention to ensure that human
activities within their jurisdiction or control do not
contribute to climate change
5.2 This Convention shall in no way affect the right of parties to
adopt measures which go beyond its terms
6. GENERAL OBLIGATION OF INTERNATIONAL COOPERATION
6.1 Undertaking to cooperate with (i) other parties and (ii) the
relevant competent international institutions to ensure:
Effective implementation of the convention
Sharing information
monitoring and observation
research into relevant areas
implementation
7. DEVELOPMENT OF IMPROVED REGIONAL COOPERATION
7.1 Recognition that the impact of climate change will differ from
region to region
7.2 Development of Regional Response Strategies promoting regional
cooperation in relation to, inter alia, research, monitoring
and observation, implementation
8. RESEARCH
8.1 Continue and, where appropriate, implement research programmes
on (specify the full details of projects] the following:
climate; atmospheric protection; the effects of human
activity on climate, including, inter alia, land use and
energy generation; the consequences of climate change for the
global environment, regional environment and human society
8.2 Positive duty to promote research into technology and
techniques which: minimise the effect of human activity on climate
(“Abatement”)
Allow human society to adapt to the predicted
consequences of Climate Change (“Adaptation”)
8.3 Parties are encouraged to develop joint technology research
proJects where Developed and Developing Countries work
together to develop appropriate technologies and strategies
PART III. MONITORING OBSERVATION AND INFORMATION SHARING AND
DISSEMINATION
9. MONITORING AND OBSERVATION
9.1 Creation of climate change monitoring network through
coordination of existing international regional and national
climate data collection networks ‘
9.2 The aim of the_network shall be to: record collate and assess
data, to provide uniformed assessment criteria; to encourage
improved harmonization of methods of measurement; to provide objective reliable and comparable information…
9.3 The network shall focus on: achieving a greater understanding
of the mechanics of the world’s climate, Gas concentrations and emissions; the operation and state of sinks.

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