International Climate Law: Principles and Obligations for Adaptation

Abstract

The article examines the evolution of adaptation principles and state obligations under international climate law focusing on the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement. In particular, it explores core principles, such as precaution and common but differentiated responsibilities and respective capacities, and how these guide States’ obligations in addressing climate change impacts. In the context of implementation challenges, including financial gaps and disagreements among States, the article further analyses how these principles influence decision-making, set standards for conduct, and promote accountability for climate change adaptation. It argues that the normative content of relevant principles and obligations on climate change adaptation have not been clearly articulated in treaty provisions or Conference of the Parties (COP) decisions. The article therefore explores core and emerging obligations relevant to adaptation, such as the development and implementation of national adaptation plans (NAPs), submission of adaptation communications, promotion of climate-resilient development, support for vulnerable countries, and enhancing adaptive capacity. It emphasises the importance of principles such as common but differentiated responsibilities and respective capabilities (CBDRCCR) and international cooperation and support as foundational for the international framework on climate change adaptation. The article analyses these principles and obligations toward the further development of the legal and normative framework for responding effectively to the challenges posed by the adverse effects of climate change. Based on the findings, this article argues that the principles enshrined in international climate law, especially the CBDRRC and international cooperation and assistance should form the foundational legal framework for international climate adaptation action.