Paris Agreement Ilm
 Jorge Vinuales, The Paris Climate Agreement: An Initial Examination (Part II of III), Eur. Journal of Int`l Law Blog (February 8, 2016), www.ejiltalk.org/the-paris-climate-agreement-an-initial-examination-part-ii-of-iii/.  Saleemul Huq – Roger-Mark De Souza, Not Fully Lost and Damaged: How Loss and Damage Fared in the Paris Agreement, Wilson Ct.r (Dec. 22, 2015), www.wilsoncenter.org/article/not-fully-lost-and-damaged-how-loss-and-damage-fared-the-paris-agreement.  Lima Call for Climate Action puts the world on the right track after Paris 2015, UN Framework Convention on Climate Change (14 December 2014), newsroom.unfccc.int/lima/lima-call-for-climate-action-puts-world-on-track-to-paris-2015/; At COP17, the parties established the ad hoc working group on a Durban platform to strengthen action and tasked by 2015 to develop “a protocol, another legal instrument or an agreed-upon outcome with the force of law within the framework of the agreement applicable to all contracting parties.” United Nations Framework Convention on Climate Change, report of the Conference of the Parties to its seventeenth session, held in Durban from 28 November to 11 December 2011. FCC/CP/2011/9/Add.1, 2, Decision 1/CP.17 (March 15, 2012). The paragraphs of the COP21 decision consolidate WIM`s governance role by inviting it to implement specific governance measures.  The Executive Committee should define comprehensive risk management strategies; Create a task force on eviction issues related to the adverse effects of climate change; and the establishment of annual reports.  The inclusion of the language related to displacement has been a pillar of claims for loss and damage in developing countries.  However, the issue of forced displacement and migration would have been ideally integrated for developing countries in the broad areas of ACTION of the WIM listed in Article 8.4 of the agreement. 10 A. Cook, Artist Brings Fragments of Greenland Glaciers to Paris Climate Talks, Architect (December 16, 2015), available from www.architectmagazine.com/design/artist-brings-fragments-of-greenland-glaciers-to-paris-climate-talks_o.
Parity culminated in two ways at COP20: 1) with negotiations on the elements necessary to include the parties in their planned national contributions (“INDC”) to be presented before COP21; and 2) at the heart of the new agreement.  It is likely that developed countries have argued that NDCs should focus exclusively on reduction. Developing countries disagreed and supported the inclusion of adaptation.  In the end, developing countries have emerged, as shown in the text of CoP20, which “refuses to include all parties in their commitments in adaptation planning or to include an adjustment element in their planned national contributions.”  The parties also agreed that the new legal instrument to be developed at COP21 would be “balanced” in terms of adaptation and mitigation.  The parties chose the existing WIM as a governance mechanism for losses and damages.  Based on the COP18 decision, at COP 19, the COP set up the WIM and its Executive Committee to continue the discussion and understanding of losses and damages.  But it did so as part of the UNFCCC agenda adaptation column.  WIM has three main functions: 1) promoting understanding of risk management; 2) Strengthen communication between stakeholders; 3) improved action and support.  A first two-year work plan for the WIM Executive Committee was approved at COP20, but the future of WIM beyond the two-year mark remained uncertain.  At COP21, the parties agreed to anchor this two-year-old mechanism as a permanent governance structure for losses and damages.