In a context of geopolitical transformations and increasing international tensions, the role of international law is being questioned.
However, like democracy, it remains the most legitimate and effective tool to address the great challenges facing humanity, including environmental degradation and what the United Nations has defined as the triple planetary crisis: climate crisis, biodiversity collapse, and widespread pollution.
Science, evidence, and legal action: the origin of the UNFCCC
For over 30 years, the scientific community has warned about the impacts of climate change with increasingly compelling data.
The Intergovernmental Panel on Climate Change (IPCC), established in 1988, released its first report in 1990, anticipating phenomena that are now commonplace: extreme heatwaves, prolonged droughts, torrential rains, polar melting, and ocean acidification.
That report led to the creation of the United Nations Framework Convention on Climate Change (UNFCCC), signed in 1992 in Rio de Janeiro, marking the beginning of a global legal response to planetary warming.
From Kyoto to Paris: evolution of climate commitments
The entry into force of the UNFCCC allowed for the negotiation of the Kyoto Protocol (1997), which in its first period (2008–2012) saw developed countries reduce their emissions by 16%, surpassing the initial commitment of 5.2%. However, global emissions increased by 50% due to the growth of emerging economies, which were not obligated to reduce their emissions under that framework.
Despite its limitations, Kyoto laid the groundwork for key policies such as:
- Promotion of renewable energies
- Protection of carbon sinks
- Energy efficiency
- Reduction of methane emissions
These experiences were incorporated into the Paris Agreement (2015), which established commitments for all countries, based on the principle of common but differentiated responsibilities.
Goals of the Paris Agreement: climate ambition and global justice
The Paris Agreement proposes concrete goals:
- Limit the increase in global temperature well below 2°C, with efforts to not exceed 1.5°C
- Enhance climate resilience without compromising food security
- Align financial flows with low-emission development
To achieve this, each country must submit their Nationally Determined Contributions (NDCs), which include:
- Quantified goals for reducing GHG emissions
- Climate adaptation measures
- Mandatory review every five years, with increased ambition in each cycle (principle of non-regression)
International cooperation and climate financing: keys to equity
The Paris Agreement allows for voluntary cooperation between countries to implement their NDCs. It also recognizes that developing countries require financing, technology transfer, and capacity building to fulfill their commitments.
- In 2009, a $100 billion fund was agreed upon for 2020, reached in 2023
- At the COP 29 in Baku (2024), a new target of $300 billion by 2035 was set
- The Baku-Belém Roadmap was launched to mobilize $1.3 trillion in public and private climate financing
- At the Financing for Development Summit (Seville, July 2025), climate financing was integrated into the general development framework, reaffirming multilateral commitments
International law as a driver of local action and institutional coordination
International commitments must translate into national and subnational actions. Climate governance requires the participation of all levels of government: federal, provincial, and municipal, as many environmental competencies are decentralized.
Despite its imperfections, international environmental law has been crucial in preventing the planet from exceeding 2°C of warming.
Without the UNFCCC, the Kyoto Protocol, and the Paris Agreement, the impacts would be even more severe. Global concerted action remains the most effective way to address a crisis that knows no borders.
Source: Ana Barreira/Latinoamérica21
