International climate framework: from Kyoto to Paris Agreement
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International climate framework: from Kyoto to Paris Agreement
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 three layers are set out below, together with implementation since 2015.
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 global stocktake: the first was completed in 2023, the second runs from 2026 to 2028.
- COP28 (2023) produced the first agreement to transition away from fossil fuels; COP29 (2024) added a new finance goal and the rules for Article 6.
- The EU translates these commitments into binding law; the Netherlands has anchored the EU targets in the Climate Act (Klimaatwet): 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 or imposed reduction figures. Instead it sets a collective temperature goal, holding warming well below two degrees with efforts directed at 1.5 degrees, and a cycle of pledges, accountability and ratcheting up.
Nationally determined contributions
Every party must submit and maintain a nationally determined contribution every five years. 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.
In 2025 the round covering the period to 2035 was due. By the time of COP30 more than 120 countries had submitted a new plan, together accounting for roughly 80 per cent of global emissions. The European Union submitted its updated contribution on 5 November 2025. It contains an indicative reduction of 66.25 to 72.5 per cent by 2035 compared with 1990.
The global stocktake
Collective progress is assessed every five years. The first global stocktake was completed at COP28 in Dubai in December 2023. Its outcome, often called the UAE Consensus, found that collective efforts were falling short of the goal.
The stocktake does not assess individual countries, but the whole; its outcome is to inform countries in preparing their next NDC. The second global stocktake runs from 2026 to 2028 and will be completed in November 2028.
Implementation since Paris: the climate summits
Since 2015, climate negotiation has become largely a matter of implementation. Each summit adds building blocks: rules for carbon markets, arrangements on finance, a mechanism for loss and damage and a periodic review.
| Summit | Year | Main outcome |
|---|---|---|
| COP24 Katowice | 2018 | Largely completed the Paris Rulebook |
| COP26 Glasgow | 2021 | Glasgow Climate Pact; phase-down of unabated coal power; sectoral declarations on forests and energy |
| COP27 Sharm el-Sheikh | 2022 | Decision to establish a fund for loss and damage |
| COP28 Dubai | 2023 | First global stocktake; transition away from fossil fuels; tripling of renewable energy and doubling of energy efficiency by 2030 |
| COP29 Baku | 2024 | New finance goal; completion of the rules for Article 6 |
| COP30 Belém | 2025 | Belém package; adaptation indicators; just transition mechanism |
Climate finance
The old goal of USD 100 billion per year was replaced at COP29 by a new collective goal. That goal has two layers. Developed countries take the lead on at least USD 300 billion per year by 2035. Around that sits a broader mobilisation of USD 1.3 trillion per year by 2035, from public and private sources.
COP30 agreed to aim for a tripling of adaptation finance by 2035. That undertaking was given no base year and no fixed amount, which limits how far it can be tested.
Carbon markets and Article 6
After years of negotiation, COP29 finalised the rules for Article 6 of the Paris Agreement. Two routes are involved: direct cooperation between countries and a central UN mechanism under supervision. This creates an international basis for trade in emission reductions.
That matters for companies too. The European Climate Law allows up to five percentage points of the 2040 target to be met with international credits, so the quality and the provenance of those credits become a legal issue.
The agenda after COP30
COP31 is set for Antalya, Turkey, in November 2026, under a new format: Turkey hosts the summit and supplies the president, while Australia chairs the negotiations. The agenda includes the elaboration of the just transition mechanism, the adaptation indicators and the finance arrangements. The second global stocktake also gets under way in this period.
The state of implementation
Three lines emerge from this series of summits.
There is a structural gap between the goal and the plans. The contributions submitted do not yet add up to 1.5 degrees. COP30 saw the first acknowledgement in a final text that a temporary overshoot of 1.5 degrees is likely.
The hard commitments are moving to the regional level. The UN texts are to a large extent political. The legally enforceable obligations sit in EU law and national law. Examples are the European Climate Law with its target of 90 per cent by 2040, the emissions trading system and the Dutch Climate Act (Klimaatwet).
The legal weight of the agreements is growing by another route. The International Court of Justice held in July 2025 that states have obligations outside the climate treaties as well. That gives the political agreements greater significance in proceedings.
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. The direct relevance of the UN texts for companies is therefore limited: translation runs through Brussels and The Hague.
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 (Hoge Raad) 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.
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.
What happens if a country misses its NDC?
The Paris Agreement has no sanctions mechanism. It does have a transparency framework with reporting and review. The pressure is primarily political. National courts can, however, review conduct on the basis of national law or the ECHR.
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.
Are the declarations made at climate summits legally binding?
Usually not. Many initiatives are voluntary declarations by a group of countries or companies. They may nonetheless carry weight in the interpretation of open standards and in the assessment of sustainability claims.
What does the withdrawal of a major party from the Paris Agreement mean?
The agreement continues to apply to the remaining parties. As at 27 January 2026 it had 194 parties. Nothing changes for EU obligations.
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
Would you like to know what the international and European climate framework means for your permits, contracts or reporting? Our environmental law solicitors advise on permits, emissions trading, reporting and liability. Law & More has offices in Eindhoven and Amsterdam and works in Dutch and in English. Please feel free to contact us for a first assessment.
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