ELI Creates Model Law for Implementing Nationally Determined Contributions Under the Paris Agreement

October 2016

Washington, DC: The Paris Agreement, with its goal of limiting the rise in global temperature to 2°C relative to pre-industrial times, will go into effect November 4th. To support the progress of those countries that are serious about meeting their Paris Climate Agreement goals, the Environmental Law Institute drafted a straightforward model frameworkfor a national-level, climate change law, taking the Paris Agreement as its starting point. 

To reach the global 2°C goal, parties to the Paris Agreement must submit “Nationally Determined Contributions” (NDCs) describing how each nation will reduce their greenhouse gas (GHG) emissions.  But by themselves, the NDCs are policy documents without the force of law. The NDCs will hold greater promise of being achieved if they are integrated into each nation’s domestic laws. 

ELI’s model law serves as a resource for countries seeking to implement domestic legislation giving effect to their NDCs.  Because the NDCs may take various forms, ELI’s model law offers several different sections intended to cover the most common approaches. Most countries’ NDCs will include a specific GHG mitigation target. Countries may achieve those targets through a variety of measures, including industry-specific emissions reductions, cap and trade, carbon taxes, energy efficiency investments, and more. Some NDCs may also include a carbon sink goal, or state their intent to include land and forest sectors in their GHG inventories. The model law also includes provisions for reporting and information collection. And it includes “drafting notes” to assist countries in tailoring legislation specific to their needs.

“Now that the Paris Agreement has enough signatories to go into force, we face the hard work of implementation,” said Prof. Michael Gerrard, Director of the Columbia Law School’s Sabin Center for Climate Change Law.  “This model law will ease the path of small countries to adopt the domestic legislation they need to fulfill their commitments and otherwise participate in the ongoing processes that grow out of Paris.”

The model law does not attempt to provide specific provisions addressing all possible scenarios, and does not prefer one approach over another. Rather, it simply seeks to enshrine NDCs, whatever their form, as a domestic law commitment in order to increase their chances of being successfully implemented.

To facilitate its use around the world, ELI’s model law has been translated into the six U.N. languages (plus Portuguese). ELI is hopeful that this can at least provide a starting point in the important legislative work that lies ahead for most countries. 

For more information, please contact John Pendergrass, Vice President, Programs & Publications, at pendergrass@eli.org.

To download the model law, click here