COP 28 delivered a decision that is already historic for its attempt to promote a global assessment of the implementation of the Paris Agreement to date. The text was the subject of much debate and tension until the last minute, and, although it did not encompass all the aspects of ambition and concreteness expected, it brought several data, concepts, terms and approaches that were, in a way, innovative in COP decisions.

In this comprehensive summary, we present a selection of the main decision points at COP 28 and some of our legal analysis, based on our experience in the UNFCCC negotiations and also on the experience of those who closely followed the negotiation rooms at COP 28:

ADAPTATION

• The major deliverable of COP 28 on the topic of adaptation was the conclusion of the Glasgow Sharm el-Sheikh (GlaSS) work program, with the adoption of the United Arab Emirates Framework for Global Climate Resilience (UAE Framework for Global Climate Resilience). The aim of this framework is to guide pathways towards achieving the global adaptation target and to enable the review of progress in implementing adaptation actions. The framework should also guide and reinforce domestic adaptation actions, including long-term “transformational” and “incremental” adaptation, to reduce vulnerability and strengthen adaptive capacity and resilience, as well as collective well-being, the protection of livelihoods, economic sustainability, and the preservation and regeneration of nature for present and future generations.

• The decision emphasizes that adaptation actions should be continuous, iterative, and progressive, guided by the best available science (using science-based indicators, metrics, and targets), and adopting, where appropriate, traditional knowledge, nature-based solutions, and local and community initiatives, intersectional approaches, and private sector engagement, recognizing the co-benefits of adaptation for sustainable development.

• Furthermore, it encourages adaptation efforts to be built in a participatory and transparent manner, sensitive to gender issues and human rights, ensuring intergenerational equity and social justice, and taking into account vulnerable ecosystems, groups and communities, including children, young people and people with disabilities.

• The Global Climate Resilience Framework establishes 7 thematic objectives to be progressively implemented, with a time horizon of 2030. All these goals should be driven by voluntary initiatives from countries, according to their national circumstances, taking into account sustainable development and the need to eradicate poverty. The Thematic Objectives are:

• Water : Reduce climate-induced water scarcity and strengthen climate resilience to water-related risks, considering issues such as sanitation and access to safe drinking water.

• Food : Ensuring resilient food and agricultural product production and distribution chains, increasing sustainable and regenerative practices, and ensuring equitable access to food and nutrition.

• Health : To achieve resilience against the health impacts related to climate change and to reduce climate-related morbidity and mortality.

• Ecosystems : Reduce the impacts of climate change on ecosystems and biodiversity by accelerating the use of ecosystem- and nature-based adaptation methods.

• Infrastructure : Increase the resilience of infrastructure and human settlements to the impacts of climate change, in order to maintain essential and continuous services for all.

• Poverty reduction : Substantially reduce the adverse effects of climate change on poverty eradication and livelihoods, particularly through the adoption of adaptive social protection measures.

• Cultural heritage : Protecting cultural heritage from the impacts of climate change by developing adaptation strategies to preserve cultural practices, guided by traditional knowledge and local and indigenous knowledge systems.

• The framework also includes Dimensional Objectives, relating to iterative adaptation cycles:

• Impact, vulnerability and risk assessment: By 2030, all Parties should have conducted up-to-date studies on vulnerabilities, risk exposure, extreme weather events and the impacts of climate change, using the results of these studies to inform the formulation of their National Adaptation Plans, national policies and strategic planning. By 2027, all Parties should have established early warning systems and information services for risk reduction.

• Planning: By 2030, all Parties should have created National Adaptation Plans, internal policies and strategic plans, broadly including adaptation in all relevant national strategies and plans.

• Implementation: By 2030, all Parties must demonstrate progress in implementing their National Adaptation Plans, relevant policies and strategies, reducing the social and economic impacts of climate events identified in the impact, risk and vulnerability assessment phase.

• Monitoring, evaluation and learning: By 2030, all Parties should have outlined, established and operationalized a system for monitoring, evaluating and improving national adaptation efforts, building the institutional capacity to implement the system.

• Regarding the Means of Implementation for adaptation:

• Although the means of implementation appear somewhat unclear and unstructured, the text acknowledges the challenges of implementing transformational adaptation for countries with significantly reduced capacity, and that achieving the global adaptation goal depends, among other things, on the effective provision of the means of implementation, such as financing, technology transfer, and capacity building.

• It highlights the role of all stakeholders, including the private sector, multilateral development banks, local governments, civil society, indigenous peoples, local communities, and research institutions, in implementing the Global Climate Resilience goal.

• It states that the provision of climate finance for adaptation remains insufficient and highlights the importance of favourable and grant-based financing for adaptation, and reiterates the call for developed countries to double crowdfunding for adaptation by 2025 (considering 2019 levels), seeking to balance the provision of resources for mitigation and adaptation.

• It calls on all countries to voluntarily provide resources, and other relevant organizations to mobilize support, including private funding, for developing countries' efforts to implement the UAE Framework for Global Climate Resilience.

• Next steps: Launch a 2-year work program to define indicators for measuring progress towards the global goals defined by the framework, called the UAE-Belém Work Programme. In addition to coordinating the UAE-Belém Work Programme, the Subsidiary Bodies (SBSTA and SBI) should organize a workshop to consider issues related to the indicators. The Secretariat should produce a report analyzing how transformative adaptation is defined and understood across multiple scales and sectors, and how progress in planning and implementing transformational adaptation can be assessed globally, so that the topic can be considered by the Parties at COP 29.

  
  

LOSSES AND DAMAGES

• Following up on the decision at COP 27 to create a fund for climate loss and damage, COP 28 defined the operating rules and institutional arrangements for this fund, which is expected to begin operating in 2024. Pledges of donations to the Climate Loss and Damage Fund were made during COP28, and at the time of writing, totaled just over US$700 million.

• The Loss and Damage Fund, still unnamed, will be administered on an interim basis by the World Bank for the next four years, will be assisted by an independent secretariat, and will be governed and supervised by an Advisory Council appointed by the Parties. This Council will also be responsible for defining the operational modalities and access to resources, as well as the financing instruments and structures. Although the specific rules and criteria for the Fund's operation and access to resources are not yet defined, the Fund should have a fast-track approval process with simplified criteria and procedures, and resources should be granted in the form of grants or loans on highly favorable terms.

• The decision stipulates that the Fund will finance efforts to address various challenges associated with the adverse effects of climate change, such as climate change-related emergencies, sea-level rise, displacement, relocation, migration, and the need for climate-resilient reconstruction and recovery, as well as insufficient climate information and data.

• In addition to the creation of the Loss and Damage Fund, COP28 defined the "host" of the Santiago Network – a platform to promote technical assistance to vulnerable countries regarding loss and damage – as well as its governance rules. The Secretariat will be hosted by a consortium between the UN Offices for Disaster Risk Reduction (UNDRR) and Special Services (UNOPS), and will report and operate in accordance with the guidance of the Santiago Network Advisory Council. In January 2024, the consortium is expected to conduct a cost-benefit analysis of several potential locations to determine the headquarters.

• In addition to the Secretariat Headquarters, UN regional and subregional offices around the world can be used to provide services, infrastructure and support to developing countries, ensuring the dispersion and presence of the Network in various regions, and the work of the Secretariat should be coordinated with other UNFCCC institutions, especially with the Executive Committee of the Warsaw International Mechanism (WIM).

• Given the complementary relationship between the Santiago Network and the Loss and Damage Fund, the secretariats of the Fund and the Network should coordinate their efforts and mandates to support developing countries, especially the most vulnerable, in addressing the adverse effects of climate change.

  
  

FINANCING

• Regarding the Ad Hoc Work Programme for establishing the “New Global Collective Quantified Target on Climate Finance” (NCQGCF), it was decided that next year there will be at least three meetings where countries will have the opportunity to negotiate the draft decision text to be adopted at COP 29. The co-facilitators of the process should present a framework for the draft negotiating text, based on these meetings, at least 4 weeks before the start of COP 29. At least 3 more Technical Dialogues will also be held throughout the year.

• During the COP negotiations, a document outlining a possible structure and substantial elements of the new target was discussed, but no agreement was reached on this document, and therefore it was not considered in the final decision. The final decision, however, states that the elements of the new target should take into account the need to implement the NDCs and national adaptation plans, as well as the need for greater provision and mobilization of climate finance from a wide variety of sources.

• The COP 28 decision also expressed great regret that the target of mobilizing US$100 billion annually to meet the needs of developing countries was not met by 2021. This was one of the main sticking points in the negotiations, as developed countries demanded explicit mention of meeting the target in 2022, according to preliminary data announced on the eve of the COP. On the other hand, the decision acknowledges the increasing budgetary costs for developing countries to finance adaptation actions, and the need for financing flows to originate from public funds and through grants. It also recognizes the report of the Standing Committee on Finance on the duplication of financing for adaptation, which states that only 31% (thirty-one percent) of the financial flows destined for financing adaptation actions were granted through grants, implying a high cost of indebtedness for developing countries.

• It was also decided that the Sharm el-Sheikh Dialogues will continue – aimed at a better understanding of how to meet the objective of Article 2.1(c) of the Paris Agreement in terms of maintaining financial flows compatible with a decarbonization and climate resilience trajectory. At least 2 workshops will be held per year for a period of 2 years.

• Furthermore, the Standing Committee on Finance will include in its Sixth Biennial Review and Overview of Climate Finance Flows a compilation of operational definitions currently in use regarding climate finance, and should consider updating this concept based on reports already produced throughout 2023. The Committee was also tasked with preparing a report on common practices regarding climate finance definitions.

  
  

FAIR TRANSITION

• At COP 28, the Just Transition Work Programme, created at COP 27, was operationalized and is now called “UAE”. "Just Transition work programme" (UAE Just Transition Work Programme).

• The preamble to the decision reiterates principles and preambles of the Paris Agreement, emphasizing the principle of common but differentiated responsibilities and respective capabilities, in light of national circumstances; the importance of science and the obligations of countries regarding human rights; a clean, healthy and sustainable environment; the right to health; the rights of indigenous peoples; the rights of communities; migrants; children; persons with disabilities and in vulnerable situations; and the right to development; as well as gender equality, women's empowerment and intergenerational equity. A significant point in the preamble is the express recognition that the just transition discussed in the program encompasses all countries, not just developing countries.

• Regarding the scope of the program, the decision stipulates that the program will include the following elements:

• Just transition pathways to achieve the goals of the Paris Agreement described in Article 2, paragraph 1, in the context of Article 2, paragraph 2;

• A just and equitable transition, encompassing pathways that include energy, socioeconomic, workforce, and other dimensions, all of which should be based on nationally defined development priorities and include social protection to mitigate the potential impacts associated with the transition;

• Opportunities, challenges, and barriers related to sustainable development and poverty eradication as part of global transitions towards low emissions and climate resilience, taking into account nationally defined development priorities;

• Approaches to improve climate adaptation and resilience at the national and international levels;

• A just transition of the workforce and the creation of decent work and quality jobs, in accordance with nationally defined development priorities, including through social dialogue, social protection and the recognition of labor rights;

• Inclusive and participatory approaches for just transitions that leave no one behind;

• International cooperation as a facilitator of just transition pathways to achieve the goals of the Paris Agreement;

• The Work Programme will run until 2026, and at least two dialogues must be held each year as part of the programme.

• Parties and observers are invited to submit proposals on the work and potential topics for dialogue by February 15th of each year, starting in 2024.

  
  

CARBON MARKET

• After much back and forth in negotiations and draft decision texts, countries failed to reach an agreement on elements for operationalizing the carbon market instruments of articles 6.2 and 6.4 of the Paris Agreement.

• Any decision made at this COP would have advanced the definition of fundamental elements so that cooperation agreements between countries under Article 6.2 could be incorporated and generate ITMO transactions within the Paris Agreement. It would also have approved fundamental procedures and guidelines for initiating the adoption of activity methodologies within the Article 6.4 mechanism.

• Therefore, the topic returns to the negotiation agenda at the Bonn Conference in 2024 to resume discussions. LACLIMA will provide a more complete analysis of these results (or lack thereof) in another publication soon.

  
  

GLOBAL BALANCE SHEET

• The Global Balance Sheet decision on the Paris Agreement is the first of its kind within the UNFCCC regime. It is a comprehensive decision that considers all aspects of the implementation of the Paris Agreement to date, and thus ended up serving as a "cover decision" of COP 28.

• Science: The decision acknowledges the importance of science and of keeping the global temperature increase to 1.5°C. It invites the IPCC to align its processes with the next GST and to report on it, but does not include the language of requesting a new IPCC report outlining a path to keeping the global temperature increase to 1.5°C, as had been requested throughout the negotiations.

• Fossil fuels: Following calls for increased ambition in mitigation, the text calls on all countries to adopt measures including (i) reducing unused coal, (ii) accelerating efforts worldwide towards net-zero energy systems, and (iii) transitioning away from fossil fuels, as well as (iv) tripling renewable energy and doubling energy efficiency, and (v) eliminating inefficient fossil fuel subsidies that do not support a just transition or aim to eliminate energy poverty. The text makes explicit references to the use of carbon capture and storage technologies, which has generated questions given the lack of evidence of the effectiveness, scalability, and safety of these technologies. Previous versions of the text explicitly mentioned reducing consumption while simultaneously reducing the production of fossil fuels, as well as eliminating licensing for new coal explorations.

• Nature-based solutions: emphasizes the importance of conserving, protecting, and restoring nature and ecosystems, including increasing efforts to halt and reverse deforestation and forest degradation by 2030. It also highlights the importance of respecting socio-environmental safeguards and aligning with the goals of the Convention on Biological Diversity (CBD).

• Adaptation: emphasizes the importance of the Global Adaptation Target, calls for countries to take transformative adaptation measures, and has their National Adaptation Plans in place by 2025. It also requests that the UNFCCC secretariat prepare regular compilations – “synthesis reports” – on how the topic of adaptation is addressed in the Biannual Transparency Reports, Adaptation Communications, and NDCs submitted by countries. It highlights the importance of nature-based solutions and adaptation measures relevant to water, food systems, health, infrastructure, culture, and the promotion of social protection policies. Furthermore, it stipulates that by 2030 countries should have made significant progress in implementation and that all countries should have established and operationalized systems for monitoring, evaluation, and learning on adaptation.

• Financing: reinforces that developed countries have not met the target of $100 billion per year in financing to developing countries, which must be achieved by 2025. Notes that the gap in adaptation financing is widening. Decides to continue and strengthen the Sharm el-Sheikh dialogues on the understanding and scope of Article 2.1c, which aims to align financing flows with a low-carbon economy, and its complementarity to Article 9, which provides for communications on financing provided to developing countries. Furthermore, decides to convene a high-level dialogue at COP 29/CMA 6 to address the need to increase adaptation financing and urges developed countries to prepare a report on the target of doubling adaptation financing from 2019 levels by 2025.

• Technology : decides to establish a technology implementation program supported, among others, by the UNFCCC financial mechanism, to expand support for implementing the priorities identified by developing countries and by the first analysis of the technology mechanism.

• Capacity building: recognizes the role of indigenous peoples and local populations and invites countries to engage with them in their policies and actions, and requests that the entities operating the financial mechanism expand support for capacity building in developing countries. It also requests that the Paris Capacity Building Committee collaboratively identify current activities to support the implementation of NDCs in developing countries and requests that the UNFCCC secretariat facilitate the sharing of knowledge and best practices in this regard.

• Loss and Damage: Recognizes the importance of particularly vulnerable countries and already vulnerable populations, including those vulnerable due to socioeconomic, gender, age, marginalization, minority status, and displacement, in responding to loss and damage, which would be a nod to climate justice without using the term, but does not include anything binding regarding countries' responsibility for historical emissions. It also acknowledges progress, including in relation to the loss and damage fund, and recognizes the urgent need to expand actions to minimize, prevent, and address loss and damage. It requests that the Warsaw Mechanism for Loss and Damage prepare voluntary guides on how to improve the collection of information on loss and damage through the Biannual Transparency Reports and requires that the UNFCCC secretariat regularly prepare summary reports on information provided by countries on loss and damage. However, mentions of human rights and economic and non-economic loss and damage have been removed from this section.

• Next steps: Encourages countries to implement climate action that considers gender, respects human rights, and empowers young people and children. Also decides to launch, under the COP 28 (EUA), 29 (Azerbaijan), and 30 (Brazil) presidencies, a cycle of activities to increase ambition in the NDCs to keep the 1.5°C target within reach (“Road to 1.5”). Decides to refine the methodologies and logistics for the next Global Stock Review and invites countries to submit lessons learned from the First Global Stock Review by March 2024, and requests that the UNFCCC secretariat prepare a synthesis report to inform the new methodologies.

  
  

*Our summary covers the decisions available on the UNFCCC website to date and may be changed or added to as decisions are finalized.