Conference of Parties (COP)
Conference of Parties (COP):
The Conference of Parties (COP) represents the supreme decision-making body of the United Nations Framework Convention on Climate Change (UNFCCC), serving as the highest authority for international climate governance. As defined in Article 7.2 of the UNFCCC, the COP functions as the “supreme body” of the Convention, where representatives from all signatory nations convene annually to review implementation progress, negotiate agreements, and make crucial decisions to combat climate change.
Definition and Function
The COP is the governing body that brings together representatives of member states to the UNFCCC along with accredited observers. Its scope encompasses reviewing “the implementation of the Convention and any other legal instruments that the COP adopts and take decisions necessary to promote the effective implementation of the Convention”. The climate change process fundamentally revolves around these annual COP sessions, making them the cornerstone of global climate diplomacy.
The COP presidency rotates among the five recognized UN regional groups (Africa, Asia, Latin America and the Caribbean, Central and Eastern Europe, and Western Europe and Others), with the President typically being the environment minister of the host country. The President facilitates COP work and promotes agreements among parties, supported by an elected Bureau that ensures continuity between sessions.
Chronological Sequence of COP Meetings
COP 1 (1995) – Berlin, Germany
Outcome: Established the Berlin Mandate, recognizing that initial UNFCCC commitments were insufficient and setting groundwork for legally binding targets
COP 2 (1996) – Geneva, Switzerland
Outcome: Accepted IPCC’s second assessment report and agreed on flexible policies for individual countries rather than unified approaches
COP 3 (1997) – Kyoto, Japan
Outcome: Adopted the Kyoto Protocol – first legally binding climate treaty requiring developed countries to reduce emissions by 5.2% below 1990 levels during 2008-2012
COP 4 (1998) – Buenos Aires, Argentina
Outcome: Established Buenos Aires Action Plan with deadlines for finalizing Kyoto mechanisms (Joint Implementation, Emissions Trading, Clean Development Mechanism)
COP 5 (1999) – Bonn, Germany
Outcome: Continued technical work on Kyoto Protocol implementation rules
COP 6 (2000) – The Hague, Netherlands
Outcome: Talks collapsed due to disagreements between EU and US on carbon sinks and compliance mechanisms
COP 7 (2001) – Marrakech, Morocco
Outcome: Finalized Marrakech Accords – operational rules for Kyoto Protocol mechanisms, compliance regime, and accounting procedures after US withdrawal
COP 8 (2002) – New Delhi, India
Outcome: Adopted Delhi Declaration focusing on development needs of poorest countries and technology transfer for climate mitigation
COP 9 (2003) – Milan, Italy
Outcome: Advanced discussions on adaptation measures and forest management under Kyoto Protocol
COP 10 (2004) – Buenos Aires, Argentina
Outcome: Addressed issues related to technology transfer and capacity building for developing countries
COP 11 (2005) – Montreal, Canada
Outcome: First meeting after Kyoto Protocol entry into force; launched dialogue on future commitments beyond 2012
COP 12 (2006) – Nairobi, Kenya
Outcome: Emphasized adaptation needs of developing countries and Clean Development Mechanism enhancement
COP 13 (2007) – Bali, Indonesia
Outcome: Established Bali Road Map for negotiations on new binding agreement including both developed and developing countries
COP 14 (2008) – Poznań, Poland
Outcome: Advanced technical work on adaptation fund and technology transfer mechanisms
COP 15 (2009) – Copenhagen, Denmark
Outcome: Failed to create binding successor to Kyoto; produced non-binding Copenhagen Accord with 2°C temperature limit goal and $100 billion annual climate finance commitment
COP 16 (2010) – Cancún, Mexico
Outcome: Established Green Climate Fund, confirmed 2°C warming limit, and created framework for REDD+ mechanism
COP 17 (2011) – Durban, South Africa
Outcome: Extended Kyoto Protocol through 2017 and launched negotiation platform for new agreement by 2015
COP 18 (2012) – Doha, Qatar
Outcome: Adopted Doha Amendment extending Kyoto Protocol second commitment period through 2020
COP 19 (2013) – Warsaw, Poland
Outcome: Established Warsaw International Mechanism for Loss and Damage; began discussions on Intended Nationally Determined Contributions (INDCs)
COP 20 (2014) – Lima, Peru
Outcome: Lima Call for Climate Action providing framework for countries to submit INDCs for Paris Agreement
COP 21 (2015) – Paris, France
Outcome: Adopted historic Paris Agreement with legally binding framework limiting warming to “well below 2°C” and pursuing 1.5°C target through nationally determined contributions
COP 22 (2016) – Marrakech, Morocco
Outcome: Focused on implementing Paris Agreement; established Marrakech Partnership for Global Climate Action
COP 23 (2017) – Bonn, Germany
Outcome: Advanced Paris Agreement rulebook negotiations; Fiji presidency emphasized Small Island Developing States’ concerns
COP 24 (2018) – Katowice, Poland
Outcome: Finalized Paris Agreement Work Programme (Katowice Climate Package) with implementation guidelines
COP 25 (2019) – Madrid, Spain
Outcome: Failed to resolve Article 6 carbon markets; emphasized need for enhanced ambition in NDCs
COP 26 (2021) – Glasgow, United Kingdom
Outcome: Glasgow Climate Pact agreed on Paris Rulebook; commitments to phase down coal and end inefficient fossil fuel subsidies
COP 27 (2022) – Sharm el-Sheikh, Egypt
Outcome: Established Loss and Damage Fund for vulnerable countries; limited progress on emission reduction commitments
COP 28 (2023) – Dubai, United Arab Emirates
Outcome: Historic agreement to “transition away” from fossil fuels; first Global Stocktake highlighting need for 43% emission reductions by 2030
COP 29 (2024) – Baku, Azerbaijan
Outcome: Tripled climate finance commitment to $300 billion annually by 2035; finalized Article 6 carbon markets mechanisms after decade-long negotiations
COP 30 (2025) – Belém, Brazil (Upcoming)
Expected Focus: Global Stocktake implementation; enhanced NDCs submissions; assessment of 1.5°C pathway feasibility
India’s Participation and Commitments
India’s Evolution in COP Negotiations
India’s approach to COP negotiations has evolved significantly from primarily advocating for “climate justice” and differentiated responsibilities to becoming a proactive leader in climate action. Initially focused on equity principles and the concept of “common but differentiated responsibilities and respective capabilities” (CBDR-RC), India emphasized that developed countries should lead mitigation efforts due to their historical emissions.
Key Milestones in India’s COP Journey
COP 8 (2002): India hosted the conference and adopted the Delhi Declaration, emphasizing development needs and technology transfer for developing countries.
COP 21 (2015): India submitted its first Nationally Determined Contribution (NDC) with three main targets:
Reduce emissions intensity of GDP by 33-35% by 2030 from 2005 levels
Achieve 40% electricity generation from non-fossil renewable sources by 2030
Create additional carbon sink of 2.5-3 billion tonnes CO₂ equivalent through forest cover
COP 26 (2021): India announced “Panchamrit” – five ambitious commitments:
Achieve 500 GW renewable energy capacity by 2030
Meet 50% energy requirements from renewable sources by 2030
Reduce emissions intensity by 45% by 2030 from 2005 levels
Reduce carbon emissions by 1 billion tonnes by 2030
Achieve net-zero emissions by 2070
COP 27 (2022): India submitted its Long-term Strategy for Low Carbon Development, reinforcing its net-zero commitment by 2070.
COP 29 (2024): India participated actively in climate finance negotiations while maintaining that developed countries should lead in providing financial support to developing nations.
Binding Nature of Commitments for India
Legal Framework and Obligations
India’s climate commitments operate within a complex legal framework where international obligations intersect with domestic implementation challenges. The Paris Agreement creates specific types of obligations for participating countries, including India.
Nature of NDC Commitments
Under the Paris Agreement, countries are obligated to have an NDC and pursue domestic mitigation measures with the aim of fulfilling their commitments. However, countries are not legally bound to achieve their specific NDC targets. This creates a unique legal structure where:
Procedural obligations are binding: Countries must submit NDCs every five years, with each successive NDC being more ambitious than the previous one
Substantive targets are not legally binding: The specific emission reduction numbers and targets within NDCs are voluntary commitments rather than enforceable legal obligations
Transparency and reporting are mandatory: Countries must track and report progress on their commitments through enhanced transparency frameworks
India’s Domestic Legal Challenges
India faces significant legal and institutional challenges in implementing its climate commitments:
Fragmented Legal Framework: India lacks comprehensive climate legislation, relying instead on scattered statutes like the Environment Protection Act (1986), Energy Conservation Act (2001), and Electricity Act (2003). This creates enforcement difficulties and accountability gaps.
Coordination Issues: Implementation requires coordination between central and state governments, creating jurisdictional complexities and potential conflicts between development priorities and climate action.
Financial Constraints: Meeting India’s ambitious targets requires substantial investment in renewable energy, afforestation, and industrial transformation, creating fiscal pressures on government budgets.
Enforcement Mechanisms
While NDC targets themselves are not legally binding, several mechanisms create pressure for compliance:
International Monitoring: The UNFCCC’s Enhanced Transparency Framework requires regular reporting on progress toward NDC targets.
Peer Pressure: The Global Stocktake process every five years assesses collective progress and creates diplomatic pressure for enhanced ambition.
Domestic Legislation: Many countries, including India, have enacted domestic laws that make climate commitments legally binding at the national level. However, India has yet to pass comprehensive climate legislation.
Judicial Activism: Indian courts have increasingly recognized climate change as a fundamental rights issue, creating legal pressure for government action on climate commitments.
Current Status of India’s Binding Obligations
As of 2025, India’s climate commitments are binding in procedural terms but not in terms of specific outcomes:
Binding Elements:
Obligation to submit updated NDCs every five years
Requirement to pursue domestic mitigation measures
Mandatory participation in transparency and reporting frameworks
Commitment to the Long-term Low Emission Development Strategy
Non-Binding Elements:
Specific emission reduction targets (45% intensity reduction by 2030)
Renewable energy capacity targets (500 GW by 2030)
Net-zero commitment by 2070
Forest cover and carbon sink targets
Future Implications
India’s climate commitments continue to evolve with each COP cycle. The country has consistently met or exceeded its previous targets, which provides credibility to its enhanced commitments announced at COP 26. However, the lack of comprehensive domestic climate legislation remains a significant gap in ensuring long-term implementation and accountability.
The international climate regime’s effectiveness ultimately depends on countries voluntarily strengthening their commitments and implementing robust domestic frameworks to achieve their targets. For India, this means balancing ambitious climate action with development priorities while building stronger institutional and legal frameworks to support implementation.
