International climate framework - Sustainabilitylaw

International climate framework: from UNFCCC to Paris

The international climate framework has three layers: the 1992 UN Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement. These treaties bind states, not companies directly. Their significance for your organisation runs through the European Climate Law, the emissions trading system and the Dutch Climate Act (Klimaatwet). Courts also use the treaties to give content to open-textured norms, such as the standard of social due care.

The short answer

  • The 1992 UN Framework Convention on Climate Change (UNFCCC) sets the objective and the ground rules, without hard reduction figures.
  • The Kyoto Protocol was the first instrument to impose quantitative obligations on industrialised countries.
  • The Paris Agreement works with nationally determined contributions (NDCs) and a five-yearly global stocktake.
  • The EU translates these commitments into binding law, notably in the European Climate Law.
  • The Netherlands has anchored the EU targets in the Climate Act (Klimaatwet), with a 55 per cent reduction in 2030 and climate neutrality in 2050.
  • For businesses, the treaties mainly have indirect effect, through permits, emissions trading, reporting and liability.

Layer 1: the UN Framework Convention of 1992

The United Nations Framework Convention on Climate Change was adopted in 1992 and entered into force in 1994. Participation in it is almost universal. It contains no specific reduction percentages.

The Convention does three things. It formulates the ultimate objective: stabilisation of greenhouse gas concentrations at a level that prevents dangerous interference with the climate system. It lays down principles, including common but differentiated responsibilities. And it establishes an institutional structure, with the annual Conference of the Parties (COP) as its supreme body.

That structure is legally relevant. Every later agreement, Kyoto and Paris included, is built on it. COP decisions are generally not treaties, but they do interpret treaty obligations.

Layer 2: the Kyoto Protocol

The Kyoto Protocol was adopted in 1997 and entered into force on 16 February 2005. It imposed binding emission ceilings on the industrialised countries listed in Annex I. For the first commitment period, 2008 to 2012, the then EU Member States were subject to a joint reduction of eight per cent compared with 1990.

Kyoto also introduced the flexible mechanisms: international emissions trading, the Clean Development Mechanism and Joint Implementation. That idea, of achieving reductions where they are cheapest, underpins today’s European emissions trading system.

A second commitment period (2013 to 2020) was arranged through the Doha Amendment. That amendment only entered into force at the end of the period itself. The Protocol therefore remained limited in reach. In practice, the Paris Agreement has taken over Kyoto’s role.

Layer 3: the Paris Agreement

The Paris Agreement was adopted on 12 December 2015 and entered into force on 4 November 2016. As at 27 January 2026 it had 194 parties.

The Agreement differs fundamentally from Kyoto. It contains no country-specific ceilings. Instead it sets a collective temperature goal: holding warming well below two degrees, with efforts directed at 1.5 degrees.

Nationally determined contributions

Every party must submit and maintain a nationally determined contribution every five years. The obligation has two sides. The content of the NDC is for the state itself to determine. But submitting it, updating it and pursuing domestic measures are mandatory.

A principle of progression applies alongside: each successive contribution must be more ambitious than the last. The International Court of Justice held in 2025 that the freedom to frame an NDC is therefore not unlimited.

The global stocktake

Collective progress is assessed every five years. The first global stocktake was concluded at COP28 in Dubai in December 2023. The second runs from 2026 to 2028. The stocktake does not assess individual countries, but the whole. Its outcome is to inform countries in preparing their next NDC.

Effect in EU law

The EU is itself a party to all three treaties. It translates the commitments into regulations and directives that take effect directly or through implementation.

At the heart of this is the European Climate Law, Regulation (EU) 2021/1119. That regulation makes climate neutrality in 2050 legally binding and sets an interim target of a 55 per cent net reduction in 2030 compared with 1990.

On 11 March 2026 the Climate Law was amended by Regulation (EU) 2026/667. This added an interim target for 2040: a 90 per cent net reduction compared with 1990. Up to five percentage points of that reduction may be met with international carbon credits. The regulation entered into force on 7 April 2026.

Beneath it sits the toolkit: the revised Emissions Trading Directive, the Effort Sharing Regulation, the LULUCF Regulation and the carbon border adjustment mechanism (CBAM). For companies, reporting obligations come on top, such as the CSRD and the ESG reporting built on it.

Effect in Dutch law

The Netherlands has had its own Climate Act (Klimaatwet) since 2019. That Act was amended in 2023 to implement the European Climate Law. Since then the targets have read: a 55 per cent net reduction in 2030 compared with 1990, and climate neutrality in 2050.

The Climate Act is above all a framework act. It does not impose direct obligations on citizens or businesses. It obliges the government to produce a climate plan, an annual climate memorandum and an account of progress. The Netherlands Environmental Assessment Agency (Planbureau voor de Leefomgeving) publishes the annual Climate and Energy Outlook, which projects expected emissions.

Concrete obligations for businesses follow from other legislation. Think of the emissions permit, the energy saving obligation and permits under environment and planning law and environmental law.

Why treaties are legally relevant nonetheless

International treaties do not simply take direct effect in the Netherlands. The Paris Agreement contains few provisions that a citizen can invoke before a court.

The treaties carry legal weight all the same. Courts use them as a yardstick when interpreting open-textured norms. In the Urgenda case, the Supreme Court gave content to the positive obligations under Articles 2 and 8 of the European Convention on Human Rights. It did so partly by reference to the international consensus. The Court of Appeal of The Hague likewise drew on the human rights context in 2024 when addressing a company’s duty of care.

You can read more on this in our overview of climate jurisprudence and in our article on human rights and climate change. For the state of implementation, we refer you to our overview of the international climate commitments since Paris.

Frequently asked questions

Is the Paris Agreement legally binding?
The Agreement is a treaty and binds the parties. Its obligations are, however, largely procedural. Countries must submit an NDC and pursue domestic measures. The reduction figure chosen is not in itself an enforceable treaty obligation.

Can my company be held directly to the Paris Agreement?
Not directly. The Agreement is addressed to states. It may, however, weigh in giving content to the standard of social due care and in permit decisions.

What does the 2040 target mean for businesses?
The 90 per cent target for 2040 is in the first place an EU objective. The practical consequences arrive through a tightening of the emissions trading system, sectoral legislation and reporting obligations.

Contact

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