Many countries have adopted legal provisions that prioritise mitigation through long term greenhouse gas emissions targets, often a commitment to reach net zero emissions in or around mid-century. Such targets act as an important reference point for action internally, in addition to demonstrating alignment to global climate goals. In some cases, countries may aim for related but distinct goals such as climate neutrality or carbon neutrality .
Some countries have introduced narratives that connect climate change to broader national agendas, for example commitments to switching the socioeconomic environment toward a low carbon development model and prioritising green growth.
Legislation can also recognise and set principles to maximise local socioeconomic co-benefits of mitigation actions, particularly improvements in public health due to improved air quality.
Many countries have legislation that recognises the need for climate change adaptation, and identifies this as a key national priority. Some legislation may require the development of national adaptation goals and policy processes to meet these.
This can include provisions identifying climate resilience as a key national priority, and imposing duties relating to Disaster Risk Management (DRM) or Disaster Risk Reduction (DRR).
The need to protect public health and the right to a healthy environment are sometimes explicitly identified as a core element of the broader resilience agenda.
Laws may recognise the role of healthy ecosystems and biodiversity in increasing resilience to climate impacts, placing the protection of these systems as a top priority.
On top of provisions centering adaptation and resilience, legislation should be explicit about how it seeks to combine adaptation and mitigation strategies. Such integration creates synergies, may avoid mitigation actions that exacerbate vulnerabilities, and may help advance sustainable development for everyone.
Legislation may recognise that climate action is necessary for the protection and promotion of human rights, and that such action must be aligned with human rights principles.
Many countries include recognise the need to prioritise the protection of groups in vulnerable situations, notably women and girls, youth and indigenous communities, within the context of climate change and in the development of climate change responses.
It is increasingly critical that legislation includes principles relating to the just transition , ensuring the inclusion of political and policy imperatives to minimise the harmful impacts and maximize the positive benefits of industrial and economic transitions on communities and societies. Some countries do this through the explicit recongition of labour rights , i.e the protection of workers and the right to a decent job, in the context of climate action.
Lawmakers often explicitly identify the protection of future generations as one goal of climate action, on the moral basis of intergenerational justice.
In country contexts where policies regarding the land use sector will be a critical part of the climate response, policymakers should recognise the importance of land rights. This may include protections for community land tenure , and indigenous land rights , as well as other forms of legal protection for rural communities.
Particularly in dualist countries it is important that national legislation explicitly aligns with the Paris Agreement and UNFCCC processes, incorporating these into domestic legal systems. This sends important signals to the international community about a country's commitment to climate action.
Countries may explicitly context the climate action agenda to the broader goal of advancing the Sustainable Development Goals in their national climate laws.
Many countries' climate laws include provisions mandating the creation of inter-agency bodies on climate change, or requiring regular meetings on climate issues by sectoral authorities. In some cases bodies and meetings may be chaired by the president or head of state, while in others the ministry of environment or climate change may be designated the convening body.
Framework laws may establish a national climate change authority or climate change department, with a mandate to coordinate climate action in national policy-processes.
In order to enable effective coordination between state entities, some legislation creates provisions requiring the sharing climate-relevant information and data between institutions. This can be horizontal information sharing between secotral ministeries and vertical information sharing between national and sub-national levels. Such data sharing can also help create mutual accountability between entities, and may be accompanied by requirements to publish the data more broadly.
Multi-level governance is critical to addressing the climate challenge. Laws often contain provisions to define the role of subnational levels of government in developing and implementing climate policy. In some cases subnational levels may require a mandate to act on climate issues, or provisions may focus on support to be received from central government. Processes for coordinating between actions at the national and subnational level may also be created.
Laws may create dedicated climate funds, and specifying domestic and international sources of finance, and setting out criteria for the governance of and access to the funds.
Ministries of finance have a key role to play in climate action. Laws can create the mandates needed for such ministries to factor climate action into core activities, as well as introducing processes for integrating climate issues into national budgets
Some laws contain new mandates imposing climate-related obligations on exisiting sectoral government departments or agencies, with the goal of mainstreaming climate action throughout the economy.
Legislation may require the amendment of sectoral or environmental laws, including Environmental Impact Assessments, to take into account climate-related issues.
Laws can mainstream climate change into the daily business of government officials by requiring government bodies to reduce their own greenhouse gas emissions or to consider climate change issues when making decisions on procurement and spending.
Many countries have created independent advisory bodies to provide scientific advice and scrutiny of climate policy processes. Membership of these bodies is often controlled by the legislation, and requirements may comprise scientists and academics, traditional knowledge holders, and representatives of other key stakeholder groups.
To better understand the impacts of climate change, laws frequently mandate the regular assessment of climate risk and vulnerability. Risk and vulnerability assessments may be national or subnational in scope and may require engagement with the private sector.
Many climate laws provide for the creation of a national greenhouse gas emissions inventory, to provide the necessary baselines for monitoring progress on mitigation action.
Some laws introduce provisions aimed at capacity-building for public sector actors to ensure they are well equipped to consider climate issues in decision-making.
Public participation is key to successful climate policy. Some countries have created new institutions related to participation, such as citizens assemblies or other deliberative processes. These mechanisms should ensure inclusivity and accessibility, e.g. stable mechanisms like advisory bodies. The ILO has also called for insitutions dedicated to tripartite social dialogue , to ensure just transitions. To date such bodies have been created in parallel to climate framework laws but lawmakers may wish to consider introducing them within or alongside framework laws.
In addition to new institutions, laws may specify processes and timelines with regard to stakeholder consultations and inclusive policy processes. In some instances, this may also include processes for consulting with indigenous groups.
Laws should ensure access to information, which should be effective and time-constrained, and specify recourse for stakeholders where access is withheld.
Binding long term emissions targets or a duty to set binding emissions reduction targets, can be used to build confidence in long term visions for governmental action as well as making sure national climate policy is aligned with objectives set out in the NDCs.
Interim emissions targets for 2030, 2035 or 2040, or a duty to set such targets, help to improve the credibility of long term mitigation targets by making sure that governments set out the necessary policies over realistic policy cycles. They are also crucial to meeting UNFCCC requirements with regard to the urgency of taking action.
Sectoral emissions targets, or a duty to set targets, help to operationalise climate action across the economy.
The creation of carbon budgets, often set on a five-yearly basis, are a helpful benchmark to disaggregate longer-term targets and allocate efforts to specific sectors explicitly.
Emissions reductions and emissions removals are complementary but distinct solutions. In order to effectively mitigate climate change, reductions in greenhouse gas emissions should be prioritised and removals used only where absolutely necessary. Setting a fixed cap on the degree to which removals can be used to meet climate targets can prevent overreliance on removals.
Most emissions reduction targets are expressed in terms of carbon dioxide equivalent, however countries with diverse sources of greenhouse gas emissions, particulaly those with economies that are highly reliant on the land use sector, can create separate targets for different types of greenhouse gases. This may be particularly helpful for countries that have high methane emissions.
Long-term (10 years+) economy-wide plans and strategies should be created in order to set the goals and operationalise mitigation and resilience agendas.
Specific strategies should also be created to enshrine mitigation and resilience policies into key areas/sectors, for example energy, transport and the environment.
Strategies should also be developed to cover reductions or limitations on non-CO2 GHGs including methane, short-lived climate pollutants, HFCs, PFCs, N2O and SF6. These gases all represent a non-negligible share of anthropogenic GHG emissions, and their mitigation would help mitigate climate change more quickly, and for some of them, generate local-cobenefits such as improved air quality. Some countries have separate strategies under development to account for the different impacts of different gases.
To be effective, long-term planning must be complemented by the regular production/revision of short-term economy-wide climate plans. These will often be designed to ensure that carbon budgets and short term emissions reduction targets are met. Plans should be transparent about any assumptions made around whether policies will be sufficient to achieve the targets.
Short-term planning and adaptive management of policy processes should be aligned with UNFCCC cycles including Nationally Determined Contributions.
Carbon pricing systems, including carbon taxes/levies and emissions trading schemes, can incentivise private entities to mitigate their emissions efficiently.
Well-calibrated climate-related fiscal incentives and subsidies, as well as disincentives and tariffs, are also effective at perauading companies and individuals to reduce their emissions.
Innovative climate solutions, and new technologies in particular, often need to be granted dedicated financial support to faciliate research and development (R&D). Policymakers should note that some countries have introdued a broader suite of measures to promote the development and uptake of new technologies, including at their most ambitious mandates to phase out the sale of certain technologies such as internal combusion enginge vehicles (sometimes called zero emission vehicle mandates). Such measures are not typically introduced through framework laws.
Some laws impose obligations on financial market actors regarding the assessment of climate risk and the allocation of capital.
Countries may wish to introduce legal provisions to ensure the integrity of innovative finance instruments such as green bonds.
Research has shown that stopping the extraction of fossil fuels is paramount to attain the warming objectives of the Paris Agremeent. Curbing the production of fossil fuels can notably be decided ex ante by instituting moratoria and bans.
Regulatory agencies may develop limits and caps on greenhouse gases from certain forms of activity.
Some countries have adopted requirements for large companies to take specific action on climate change, including alinging corporate transition plans with national and international climate goals.
Marine and terrestrial protected areas play (or could play) an essential role with regard to adaptation and mitigation, for example by hampering coastal erosion or by storing carbon. To maximise these benefits, their creation or enhancement should be linked to climate objectives.
Legislation should also tackle degraded land through the creation of ecosystem restoration programmes, which can be designed to enhance the carbon sink capacity of eco-systems. In some cases legislation may include systems of payment for ecosystem services and associated property rights.
Climate-related topics should be integrated into school curricula and/or public education programmes.
Climate laws may include provisions aimed at developing green skills among the aspiring and existing workforce.
Climate-related information could be diffused to wider audiences to expand climate-conscious behaviours. The law can for example mandate the creation of dedicated labelling on products such as food and consumer goods.
Early warning systems play a key role in avoiding losses and fatalities from extreme events. There could be provisions to create such systems.
To help stakeholders future proof their decisions, legal provisions could mandate the diffusion of information about climate-related risks, including climate-related financial risks.Such provisions are often introduced through separate legislation but may be included in framework laws.
Laws may include provisions relating to Article 6.8 of the Paris Agreement, i.e. regarding the pursuance of voluntary cooperation between parties on the implementation of the NDCs to allow for higher ambition.
Laws may also include provisions relating to market-based cooperative approaches of Article 6.2 and Article 6.4 of the Paris Agreement.
Lawmakers should require regular monitoring, reporting, and verification of greenhouse gas emissions and other forms of progress reporting by the government actors. This is a critical basis for accountability for climate action
Where obligations are imposed on the private sector as part of the climate law, corresponding monitoring, reporting and verification obligations may be introduced.
Lawmakers should ensure alignment of domestic provisions with the reporting obligations of the Paris Agreement (UNFCCC processes) including the Enhanced Transparency Framework .
Creating independent oversight bodies or granting advisory bodies oversight functions would be an effective way of enabling oversight. Independence should also be ensured. For example there should be a code of conduct for employees working in these institutions/bodies; accountability, transparency and openness as guiding principles of the public sector action and conduct; public oversight through complaint procedures, and protection against retaliation.
Provisions mandating for parliamentary oversight of government climate policy and commitments could also be created, acknowledging the key checks and balances role that the legislative power can play with regard to climate policy. Various tools can be used by parliaments to exercise oversight, such as hearings, interpellation, committees of inquiry and audit institutions.
In parallel, lawmakers could set the framework around judicial oversight of government action to meet targets set out in legislation. Legal avenues for climate litigation could also be defined.
Lawmakers may wish to consider setting a system to resolve disputes without trial, including through Alternative Dispute Resolution processes. Such processes may be helpful in ensuring access to justice.
Laws may specify corrective actions to be taken in the event that a government body is found to have failed to meet targets or comply with legislative requirements.
Enforcement agencies and bodies may be granted with the responsibility to enforce climate action obligations, and investigate any alleged breach. A range of financial and non-financial sanctions could also be defined.
1. Multi-level institutional coordination
Provisioning into national legislation or regulations multi-level institutional coordination for climate action and urban planning.2. Participatory governance
Provisioning into national legislation or regulations the engagement with local stakeholders, civil society and businesses in urban planning processes and climate planning processes.3. Data collection and sharing
Provisioning into national legislation or regulations the data collection and sharing arrangements of climate sensitive information among different institutions dealing with urban planning and climate planning.4. Local governments' mandate for urban planning in urban areas
Provisioning into national legislation or regulations mandate of the local governments for urban planning in their urban areas.1. National territorial planning
Provisioning into national legislation or regulations the requirement to formulate a national territorial plan.2. Regional territorial planning
Provisioning into national legislation or regulations the requirement to formulate a regional territorial plans.3. Spatial plans for urban areas
Provisioning into national legislation or regulations the requirement to formulate spatial plans for urban areas.1. Climate risks and vulnerability for planned areas and infrastructure
Provisioning into national laws or regulations the requirement to consider climate risks and vulnerability for planned areas and infrastructure.2. Identification and prioritization of adaptation options
Provisioning into national laws or regulations how to identify and prioritize adaptation options for the risks and vulnerabilities identified.3. Implementation of the identified adaptation options
Facilitating through national laws or regulations the implementation of the adaptation options identified for planned areas and infrastructure.4. Adaptation of slums and other vulnerable settlements
Support through national laws or regulations the adaptation of slums and other vulnerable settlements to the effects of climate change.5. Planned relocations from areas at risk of climate change
Support through national laws or regulations the relocation of populations from areas at risk from the effects of climate change to ensure their safety and health after all reasonable on-site alternatives and solutions have first been explored.6. Security of tenure
Ensure through national laws or regulations the security of tenure of people living in slums and other settlements vulnerable to the effects of climate change or whose tenure security might be affected by planned relocations.7. Development approval and adaptation
Ensure through national laws or regulations that planning and design standards for adaptation to climate risks and vulnerabilities are implemented, monitored and enforced through the development approval process.1. Urban plans and greenhouse gas emissions
Requirement through laws or regulations the assessment of greenhouse gas emissions for different urban planning options.2. Urban form and reduction of greenhouse gas emissions from transportation and infrastructure
Promote through national laws or regulations a connected, accessible, and dense urban form that reduces car trips, increases walkability and the efficient use of public infrastructure.3. Green spaces for environmental and climate services
Promote through national laws or regulations a network of green spaces for environmental and climate services.4. Neighborhood design and energy saving in buildings
Requirements through national laws or regulations neighbourhood design principles to achieve energy savings in buildings.5. Development approval and mitigation
Provisioning into national laws or regulations planning and design standards that mitigate the emissions of greenhouse gases are enforced through the development approval process.1. Resources for urban planning and climate change
Provisions into national laws or regulations a flow of resources to finance climate change mitigation and adaptation in urban planning.2. Incentives for mitigation and adaption in urban planning
Promote through national laws or regulations incentives to achieve climate change mitigation and adaptation objectives in urban planning.3. Incentives that promote unsustainable urban land uses
Provisioning through national laws or regulations incentives to promote unsustainable urban land uses.Integrated energy plan
Future energy demand
Energy access provisions
Mix of energy supply
Electricity interconnection
Energy parity provisions
Body responsible for co-ordination
Energy system advisory body
Energy distribution/grid management body
Energy regulator
Consultation of various stakeholders
Targets for decarbonisation
Phase-out of high carbon sources
Transition provisions
Reduction of energy demand
Renewable energy production
Renewable energy strategy/plan
Production from different renewable energy sources
Goal/obligation to promote renewable energy
Goal/obligation to review and report on renewable energy
Renewable energy co-ordination body
Renewable energy advisory body
Renewable energy regulatory body
Rural electrification body
Various stakeholders in governing renewable energy production
Renewable energy obligations for energy users
Duties of renewable energy providers
Licensing provisions
Renewable energy codes and standards – general/operating
Renewable energy codes and standards – planning/environmental impact
Renewable energy – certify electricity
Specification of grid standards
Grid management
Grid access and integration
Mini-grid
Distributed/off-grid/micro generation
Storage of electricity
Shifting and/or demand response management
Renewable energy in the form of grants, subsidies or compensation
Renewable energy in the form of loans or debt support
Fossil fuels
Feed-in tariffs
Regulation of power purchase agreements
Incentives for micro/self-use energy production
Renewable energy
Fossil fuel
Research and development into renewable energy and/or its production
Energy auctions or another pricing mechanism for energy
Concessions for the production of renewable energy
Tendering for the production of renewable energy
Mining activities
Waste management
Decommissioning for energy production infrastructure
Overall budget/finance provisions for energy infrastructure
Renewable energy infrastructure finance
Fossil fuel energy infrastructure finance
Remuneration from investments in energy infrastructure
Guarantees and/or risk sharing in investments in energy infrastructure
Nuclear energy
Biofuels and waste
Hydrogen fuel cells
Energy efficiency targets
Strategies or plans for energy efficiency
Principles for energy efficiency
Energy efficiency co-ordination body
Energy efficiency advisory body
Energy efficiency regulatory body
Various stakeholders in governing energy efficiency
Energy efficiency obligations
Efficiency codes and standards
Information labelling regulations and energy efficiency ratings
Various stakeholders in governing energy efficiency
Efficiency audits
Efficiency market schemes
Energy efficiency procurement requirements
Energy efficiency in the form of grants, subsidies or compensation
Energy efficiency in the form of loans or debt support
Energy efficiency in the form of tax relief or rebates
Concessions for energy efficiency
Energy efficiency and/or its consumption
Energy consumption taxation
Energy use charges
Budgeting and financing for energy efficiency
Budgeting/financing of energy efficiency
Budgeting/financing of energy efficiency projects
Energy efficiency schemes
Efficiency schemes
Energy performance contracting
Provisions for public/private partnerships
Overall market principles
Market access provisions
Energy market board
Market transparency
Market integrity and abuse
Market regulatory coordination provisions
Market design rules for promoting efficiency
Import tariffs
Non-tariff measures
State aid or subsidies
Competition
Government authority in charge of agriculture
Implementation of national legislation designating a specific government authority(ies) (e.g. line ministry or department) in charge of agriculture (crops and livestock).Duty to take climate change into account in agriculture policy/plans
Duty to collect and report on GHG emissions from agriculture
Disaster risk management and response mechanisms
Creating legislation laws or regulations to provision disaster risk management and response mechanisms for agriculture (crops and livestock).Climate related insurance mechanisms
Early warning mechanisms
For further information, please refer to:
Rio+20 outcome document "The Future We Want" paragraph 111: https://sustainabledevelopment.un.org/futurewewant.html
FAO Post-2015 Development Agenda: http://www.fao.org/sustainable-development-goals/overview/fao-and-the-post-2015-development-agenda/sustainable-agriculture/en/
Environmental criteria in the selection and use of fertilizers
Tillage and residues management
Sustainable water use and management
Climate-smart agriculture approach
Management of plant breeding
Protection of plant breeders’ intellectual property
Seed registration requirements
Seed quality control system
Representation of farmers/community enterprises in seeds governing bodies and/or institutions
For further information, please refer to:
FAO 2017. Voluntary Guidelines for Sustainable Soil Management: http://www.fao.org/3/a-bl813e.pdf
UN Principles for sustainable soil management: https://www.unglobalcompact.org/docs/issues_doc/agriculture_and_food/soil-principles.pdf
Soil conservation bodies and/or institutions
Soil conservation
Soil pollution control
Soil erosion control
Soil restoration
Soil fertility management
Soil biodiversity conservation
Phytosanitary protection and surveillance
Pest management
Environmental considerations in pesticide management
For further information, please refer to:
http://www.fao.org/ag/againfo/resources/en/publications/tackling_climate_change/index.htm
Gerber, P.J., Steinfeld, H., Henderson, B., Mottet, A., Opio, C., Dijkman, J., Falcucci, A. & Tempio, G. 2013. Tackling climate change through livestock – A global assessment of emissions and mitigation opportunities.
FAO: http://www.fao.org/3/a-i3437e.pdf
Feed management
Breeding management
Manure management
Disease monitoring
Sustainable livestock production
Grazing and pasture land management
Sustainable animal husbandry practices
For further information, please refer to:
FAO 2013. Climate-Smart Agriculture Sourcebook; pp. 375-406: http://www.fao.org/3/a-i3325e.pdf
Loans and credits
Subsidies
Research and development
Payments for ecosystem services (PES)
Certification/labelling schemes
Carbon pricing mechanisms
Duty to take climate change into account in land use plans/policy
Cross-sectoral coordination in land decision and policy making
Establishment of a land cadaster/inventory
Requirements to consider climate change in spatial planning
Requirements for environmental and social impact assessments
Climate change policy goals in land use change
Objective of sustainable land management
Sustainable surface and ground water management
Climate change considerations for land management
Provisions to combat desertification and land degradation, and promote restoration of degraded lands
Incentives for sustainable land management
Access to information
Public participation and Free, Prior and Informed Consent (FPIC)
Access to justice and dispute resolution
For further information see:
"The Voluntary Guidelines for Responsible Governance of Tenure of Land, Fisheries and Forestry in the Context of National Food Security (VGGT)": http://www.fao.org/tenure/voluntary-guidelines/en/
VGGT principles and recommendations reflected in legislation
Dispute resolution mechanisms for tenure conflicts
Mechanisms addressing climate change impacts on tenure rights
Duty to take climate change into consideration in forestry policy
Mandate for regulating forest conversion
Duty to collect and report on GHG emissions and removals by sinks from the forest sector
Establishment of a forestland cadaster/inventory
For further information, refer to: http://www.fao.org/sustainable-forest-management/toolbox/modules/land-use-planning/basic-knowledge/en/?type=111
Definitions of different uses of forests
Rules for forestland conversion
Definitions of different uses of forests
For further information, refer to: http://www.fao.org/forestry/sfm/85084/en/