ABSTRACT

The United Nation Framework Convention on Climate Change (FCCC) was the first treaty to impose emission-reduction obligations on states. It contains two such obligations, one formulated generally and applying to all states, the other expressed concretely and applying to Annex I states only. The general mitigation rule requires 'stabilization' of emissions in general, whereas the specific mitigation rule might be said to aim to stabilize Annex I emissions at 1990 levels. Both thus imply a reduction in emissions. By comparison with the FCCC, the Protocol is more precise about the emission-reduction obligations of states. The Kyoto Protocol developed the FCCC's specific mitigation rule through the novel element of state-level quantification. The two new elements such as broader participation and equitable sharing are implicit in the FCCC's general mitigation rule. The FCCC parties agreed at the Durban conference in 2011 to create a new agreement for the post-2020 period outside the framework of the Kyoto Protocol.