The following article is part of an Eco-Perspective special in which the Vermont Journal of Environmental Law is collaborating with the VLS COP21 Observer Delegation

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By Annie Warner

At this morning’s Comité de Paris meeting, COP President Laurent Fabius channeled Nelson Mandela, saying: “It always seems impossible until it’s done.” At tonight’s COP meeting, Parties adopted the Paris Agreement  in a historical and long-awaited moment. While past Agreement drafts have been full of brackets, options, and red line changes, these notations are notably absent from the final Paris Agreement.

With a green light (and ceremonial strike of a green gavel) for the Paris Agreement, it is worth taking a moment to pause and look at the final Agreement language in light of what came before it. Article 7 on Adaptation starts with a paragraph on the global goal on Adaptation. In the beginning of this week, it was unclear whether this goal for Adaptation would ensure Adaptation in the context of the global temperature goal. The final Agreement established the Adaptation response in the context of the temperature limit increase. This ensures that the global goal on Adaptation is grounded in a quantitative, and not only a qualitative, target. In the final Paris Agreement, this language was strengthened by adding that an Adaptation response must be “adequate.”

Paragraph 4 focuses on Adaptation needs and Adaptation in conjunction with Mitigation. The paragraph describes how greater levels of Mitigation can reduce the need for Adaptation effort. In the December 9 ^th and 10 ^th versions of the Agreement, this paragraph closed by referencing “that greater rates and magnitude of climate change increase the likelihood of exceeding adaptation limits.” This phrase referenced L&D from the permanent and irreversible impacts of climate change. It also acknowledged that Adaptation, Mitigation, and L&D are closely interlinked, and that attending to all of them is important. However, this phrase on L&D did not make it into the final Agreement text. This change is part of the larger uncertainty that has surrounded the issue of L&D.

In the beginning of this week, the fate of L&D in the Agreement was very uncertain. One text option briefly recognized the issue of L&D, with a footnote that the text could end up elsewhere in the Agreement — likely in the article on Adaptation and not as its own article. Adaptation and L&D are separate issues that require different approaches, and therefore the final Agreement’s inclusion of a distinct Article on L&D is an accomplishment for the Paris Agreement. The December 10 ^th draft Agreement separated the intention on L&D from the implementation mechanism, the Warsaw International Mechanism on L&D (WIM). Importantly, the final Paris Agreement bridged this disconnect and integrated these issues, saying that “Parties should enhance understanding, action and support, including through the [WIM].” The duration of this mechanism will play an important role in ensuring the resilience of countries who face climate change impacts in the future.

After the adoption of the Paris Agreement, South Africa channeled Nelson Mandela again, in a statement that reflects today’s achievements and the many challenges that lie ahead in addressing climate change:

I have walked that long road to freedom. I have tried not to falter; I have made missteps along the way. But I have discovered the secret that after climbing a great hill, one only finds that there are many more hills to climb. I have taken a moment here to rest, to steal a view of the glorious vista that surrounds me, to look back on the distance I have come. But I can only rest for a moment, for with freedom come responsibilities, and I dare not linger, for my long walk is not ended.

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