Operationalising an Equity Reference Framework in the Climate Change Regime Legal and Technical Perspectives

"This paper identifies legal, architectural and technical options for the operationalisation of the ERF in climate change regime. Section 2 of this paper outlines the design of the process by which the ERF, which contains technical and diplomatic components, into the options currently being discussed for an ex-ante assessment process in the negotiations. Section 3 lays out a range of legal and architectural options for incorporating the ERF into the 2015 agreement or the outcomes of Paris, so as to ensure that science and equity play a role in the framing of nationally determined contributions by Parties. Section 4 provides illustrative examples of how the ERF can operate to ensure science and equity play a role in the framing of nationally determined contributions. It identifies and explores various metrics that speak to adequacy and equity and harmonises them so as to create benchmarks to assess the required global effort from states as well as relative fair efforts between states in addressing climate change. Section 5 concludes by suggesting that the legal, architectural and technical adaptability of the ERF, while still maintaining a degree of integrity. Its ability to anchor the 2015 agreement and outcomes of Paris in science and equity render it an attractive and desirable element of the 2015 agreement."