[11] 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 Paris Agreement is the first international agreement to explicitly address the losses and damages that the parties to the UNFCCC have treated in the past as an integral part of adaptation. [48] The function of adaptation, loss and damage in tandem, but two different concepts. [49] The World Resources Institute explains that losses and damage are due to reality, that there are certain effects of climate change that cannot be corrected – effects that are so severe that they leave lasting or significant effects. [50] Climate effects related to loss and damage include events that have slowed to acidify the oceans, desertification and sea level rise, as well as sudden extreme weather events, such as intense cyclones and floods. These devastating effects cause many types of losses, including habitat losses for life, infrastructure, assets, ecosystems and communities. [51] 18 id. art. 21.

In the United States, President Obama`s administration considers the Paris Agreement to be a presidential agreement for the implementation of the convention and does not need to be ratified by the Senate. [68] 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. [48] Kathleen Mogelgaard – Heather McGray, When Adaptation Is Not Enough: Paris Agreement recognizes ”Loss and Damage,” World Res. Inst. (December 24, 2015), www.wri.org/blog/2015/12/when-adaptation-not-enough-paris-agreement-recognizes ”loss-and-damage.” [57] Ben Adler, Why the Words ”Loss and Damage” Are Causing Such a Fuss at the Paris Climate Talks, Vox Energy – Env`t, www.vox.com/2015/12/9/9871800/paris-cop21-climate-loss-damage (Update 09.12.2015, 09:00). The paragraphs of the COP21 decision consolidate WIM`s governance role by inviting it to implement specific governance measures. [66] 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. [67] The inclusion of the language related to displacement has been a pillar of claims for loss and damage in developing countries. [68] 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.