While mitigation and adjustment require more climate funding, adjustment has generally received less support and has mobilized fewer private sector actions.  A 2014 OECD report showed that in 2014, only 16% of the world`s financial resources were devoted to adaptation to climate change.  The Paris Agreement called for a balance between climate finance between adaptation and mitigation, highlighting in particular the need to strengthen support for adaptation from the parties most affected by climate change, including least developed countries and small island developing states. The agreement also reminds the parties of the importance of public subsidies, as adjustment measures receive less public sector investment.  John Kerry, as Secretary of State, announced that the United States would double its grant-based adjustment funding by 2020.  This article will begin to compare the historical treatment of adaptation, loss and damage with mitigation in international climate change negotiations. The article will then analyze the treatment of adaptation, loss and damage in the Paris Agreement. The Paris Agreement has an “upward” structure unlike most international environmental treaties, which are “top down”, characterized by internationally defined standards and objectives that states must implement.  Unlike its predecessor, the Kyoto Protocol, which sets legal commitment targets, the Paris Agreement, which focuses on consensual training, allows for voluntary and national objectives.  Specific climate targets are therefore politically promoted and not legally binding. Only the processes governing reporting and revision of these objectives are imposed by international law.
This structure is particularly noteworthy for the United States – in the absence of legal mitigation or funding objectives, the agreement is seen as an “executive agreement, not a treaty.” Since the 1992 UNFCCC treaty was approved by the Senate, this new agreement does not require further legislation from Congress for it to enter into force.  The agreement stipulated that it would only enter into force (and therefore fully effective) if 55 countries that produce at least 55% of global greenhouse gas emissions (according to a list drawn up in 2015) have ratified, approved or ratified the agreement.   On April 1, 2016, the United States and China, which together account for nearly 40% of global emissions, issued a joint statement confirming that the two countries would sign the Paris climate agreement.  175 contracting parties (174 states and the European Union) signed the agreement on the first day of its signing.   On the same day, more than 20 countries announced plans to join the accession as soon as possible in 2016. The ratification by the European Union has achieved a sufficient number of contracting parties to enter into force on 4 November 2016.