Tag: Legal Issues

Doha Milestones and Action: French Summary. October 2012

 

La planète ne cesse de nous montrer à quoi peut ressembler un changement climatique dangereux – les sécheresses historiques dans la Corne de l’Afrique, aux Etats-Unis et au Mexique, les inondations catastrophiques au Brésil et en Chine, les canicules en Europe et ailleurs. La menace d’une crise alimentaire mondiale se precise de plus en plus. Mais nos gouvernements continuent d’ignorer ces signaux alarmants en se contentant de nous placer sur une trajectoire de réchauffement de 3,5°C à 6°C et d’une future catastrophe climatique.
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Doha Milestones and Action: Chinese Summary. October 2012

 

地球正在警告我们危险的气候变化会是什么样子——从 东非、美国和墨西哥史无前例的干旱,到巴西和中国的 灾难性的洪水,以及欧洲和其它地方的热浪。世界性的 粮食危机的阴影正在浮现。而那些缺乏减排雄心并引导 这个世界走向升温3.5到6度和失控的气候灾难的国家,还在漠视这些警示。

 

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CAN Submission - How to advance the work of the ADP in Doha and Beyond. 29 October 2012

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Practical ideas and suggestions on how the ADP can advance its work, both towards delivering an effective post-2020 agreement and bridging the ambition gap in the pre-2020 period

  • Produce a balanced package from every COP
  • Support ministerial round table
  • Ensure adequate negotiating time
  • Ensure that the ADP co-chairs and facilitators obtain clear mandates to begin work on text 
  • Embrace multi-stakeholder process

How best to advance the work of the ADP in Doha and beyond

  • Set milestones and detailed workplans for both ADP workstreams
  • Take work from other negotiating tracks into account
  • Ensure Civil Society Access to ADP
  • Involve ministerial level negotiators early in the process
  • Incorporate equity into Workstream 1 

Topics or questions that could be used to focus substantive discussions in Doha or in future sessions, building upon the roundtable discussions in Bangkok

  1. How to increase the pledged levels of ambition for Parties, including through enhanced support, to be in compliance with the ultimate objective of the Convention and the agreed 2ºC temperature increase limit
  2. How can we ensure that sufficient, predictable and public finance and other support is provided to meet urgent pre-2020 adaptation needs?
  3. How to ensure that predictable levels of financial, technological and capacity building support are made available to developing countries to implement the NAMAs they have already identified, and further support any additional NAMAs in the short term?

Equity questions:

  1. How should equity principles be applied in the new agreement?
  2. What indicators best specify those principles?
  3. How can we best ensure each Party is doing is its fair share of the global effort without compromising its sustainable development needs?
  4. How will we provide developing countries with the means to implement their commitments and how will we cooperatively ensure that the global emissions reach a rapid and sustainable peak, one consistent with an agreed temperature goal and cumulative emission reduction pathways that would allow the world to stay within that goal?

Practical Ideas and Suggestions on how the ADP can advance its work on bridging the ambition gap in the pre-2020 period

 

At Doha an ADP workplan to increase short term ambition must be agreed:

  • Informed by a technical paper assessing the gap in ambition and ways to close it and by the progress of the Review; increasing developed country economy wide targets  to close the gap between existing ambition and that needed to keep warming below 1.5oC; ensuring that any new market mechanisms add to overall ambition with stringent rules;  facilitating developing countries to reduce their emissions by rapidly scaling-up public climate finance, focusing on economy-wide or sector-wide actions that would rapidly and significantly lower emission trajectories and supporting initiatives that reduce costs and eliminate barriers and perceived risk, so that low and zero carbon technologies and approaches can quickly become competitive;  
  • To enable developing countries to increase their mitigation and adequately deal with adaptation public finance from 2013-15 must be at least double the amount of the Fast Start Finance, and there should be a process to reassess the adequacy of financial pledges in terms of overall scale required, thematic balance and geographical distribution starting in 2013.  A 2 year Doha Capacity Action Plan should be initiated.

 

“We are sinking” and “no-agreement-text”- What is the relation between both ideas?

Mónica López Baltodano
Officer for Climate Change
Centro Humboldt
Nicaragua

While the negotiations in the UNFCCC concluded in the Bangkok intersessional meeting in September 2012, many questions arise for us in preparation for COP 18 in Doha. Can we find any logical relationship between developed countries’ claims that this was an “informal session, meaning “no-negotiation-text” should be agreed in Bangkok, while we read there´s super-shrinkage of the Arctic sea ice?

The massive heat wave melting the Arctic is just one –of many- clear signals that expose governmental representatives of countries around the globe aren´t achieving what they are supposed to in UNFCCC negotiations. The ultimate objective of United Nations Framework Convention on Climate Change is to guarantee the “stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system”. But, that clearly can´t be achieved if developed countries are limiting the negotiation process, hiding their lack of political will to act with procedural claims and “formality” excuses.

Coming from a highly vulnerable country to the impacts of climate change, this seems more like a bad joke - not funny at all. Even though we understand that climate change claims for actions in the developing world, particularly in emerging economies, we cannot accept this to be an excuse for developed countries not to act as needed.

When we hear United States, Australia, Japan, Canada, Switzerland, the European Union, New Zealand and others saying there is not supposed to be any negotiating text on adaptation issues and finance under the LCA, we fear this is leading to a dead-end. Of course, there is clearly a much needed link between, for instance, Adaptation Committee, Standing Committee and Green Climate Fund Board´s work. Why would developed countries fear this should be in an agreed text coming out of Doha?

There are no “political skills” necessary to understand that this might mean they are not truly committed to fund adaptation actions in our countries as needed (i.e. promptly and effectively). If this is true, it would certainly undermine any strong effort in the most afflicted countries, including LDCs, SIDs and Central American countries.

We surely expect that, in the road to Doha, these countries find the logical connection between “we are sinking” –in all of its meanings- and the need to complete the work in the LCA track. This means an agreed outcome is a MUST, including a clear agreement on international finance for adaptation actions to take effect now.

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Markets On Our Mind

While most developed nations remain unwilling to commit to legally binding targets for CP2, discussions about market mechanisms have been (un)surprisingly vivid. The fact that carbon market prices are at a record low and surplus allowances threaten to bring prices near zero hasn’t added much urge to increase ambition.

ECO wonders why the many carbon market industry lobbyists haven’t made it clear yet that markets can only flourish with vigorous demand, which can only be created by binding reduction commitments. Let’s get that right: allowing emissions trading schemes from countries without enough demand to reach their voluntary targets with international offsets won’t help. The recent announcement of the Australian ETS linking up to the EU ETS has stirred worries that the lack of an international accounting framework will create a fragmented market that will undermine the environmental integrity of carbon markets altogether.

My dear negotiators, would you honestly buy the right to pollute with Japanese Yen from an Indian company if you don’t know whether the emissions reductions are calculated in watts, horsepower or feet? ECO presumes not. However, it’s definitely maths time: do the numbers and calculate the emissions reductions you need for your market to work.

Not only that, we also need a common accounting framework (look to your left) that ensures 1 tonne is 1 tonne. We also see the need to develop a UN common framework, with rules for countries that transfer credits and allowances for meeting QELROs, to ensure reductions are additional and not double counting. ECO looks forward to the outcome of the Parties’ calculation exercises to be presented in Doha, so that the environmental integrity and fungibility of carbon credits can be assured. All this, obviously, must be under the condition of strong and binding emission reduction commitments.

It's the Politics, Stupid!

The UNFCCC wouldn’t be the UNFCCC if the United States of America didn’t ruffle some feathers. So, right on cue, Friday’s intervention by US lead negotiator Jonathan Pershing in the ADP ambition roundtable certainly did the trick by labelling, yet again, the UNFCCC as a long and winding road to nowhere. This comes less than a month after Dr. Pershing's boss, Todd Stern, rocked his fellow negotiators with his assertion that negotiating "a treaty with binding emission targets stringent enough to...[hold] the increase in global average temperature to less than 2° centigrade above pre-industrial levels" is "entirely logical" but "ignores the classic lesson that politics – including international politics – is the art of the possible."

After a firestorm of reactions to his speech from both negotiators and NGOs, Stern issued a clarification that the US still supported the 2 degree goal agreed to by President Obama and other world leaders.  But the damage was done.

Don’t get us wrong – ECO, along with most others here in Bangkok, shares the frustration at the glacial (at least there are still glaciers somewhere) speed at which these negotiations proceed. But to paraphrase Bill Clinton: it’s the politics, stupid! The continual swipes and undermining of this process demonstrates the bad faith of the US.

ECO agrees with the US – and virtually everyone else – that other processes must help deliver the much greater ambition required to save civilisation as we know it.  We need all hands on deck. This battle can’t be won in the confines of the UNFCCC alone. But the UNFCCC is an essential element of an effective global response to climate change, and the US vision of a fragmented, bottom-up international process will never deliver enough ambition to keep us well below 2 degrees. Our experience with the agreements reached first in Rio, and more recently in Copenhagen, clearly proves this.

Higher degrees of trust and accountability are required to encourage greater ambition. Isn’t this why the US pushed so hard in Copenhagen and Cancun for more robust MRV from China et al? It claimed that reassurances of other countries' ability to meet their pledges is essential to persuade its Congress and public that the administration's pledge to reduce US emissions 17% below 2005 levels by 2020 (read: -4% based on 1990 levels) is reasonable. But now that the shoe is on the other foot, and it's constructive action that is demanded of the US to encourage others to act, all we get are claims of

“NO WE CAN'T”

The assertion that top-down agreements produce lower-ambition results is nonsensical. It goes without saying that complementary investments to support change in the real economy are critical to change a country’s perception of its national interest. But top-down agreements are essential to incentivise ambition, as only a serious multilateral regime can convince those whose capital allocation decisions shape the economy that a high-carbon business model will expose them to greater risk and hit their returns harder than betting now on a low-carbon future.

The Kyoto Protocol, though far from perfect, gave us a legal framework that culminated in European taxpayers and companies investing at least €40 billion to purchase international carbon credits. The Kyoto Protocol spurred on Europe’s renewable energy investments, which have helped create a global revolution in renewable energy investment now outstripping annual new fossil fuel-powered investments. Thanks to Kyoto, it is Europe’s energy regulations and standards which emerging economies are emulating, and which underpin a global market worth US$3 trillion. Without Kyoto, China would not have decided to implement a Five-Year Economic Plan based on the core assumption of rapidly expanding global markets in clean energy. It's clear that Kyoto, a top-down multi-lateral agreement, has shaped global economic reality. 

The sluggish progress we witness at these negotiations is not due to the intrinsic nature of the UN system, but is truly a reflection of the woeful political leadership of countries like the United States. It's ironic that a decade after the world was compelled to defend the Kyoto Protocol against the vicious and unfounded attacks of the Bush administration, the US is yet again proving a grave threat to the progress needed in these talks.

ECO would suggest the next time Dr. Pershing feels the urge to make yet another comment about the rapidity and effectiveness of agreements here in the UNFCCC, that he stop and take a long, hard look at what the US is doing, compared to its fair share of the much greater global effort needed to address the urgent threat of climate change.

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CAN's Priorities for Bangkok Discussions

The Climate Action Network (CAN) - a global network of over 700 NGOs from more than 90 countries working to promote action to limit climate change to ecologically sustainable levels - is attending the UNFCCC Intersessional Meeting being held in Bangkok from 30 August to 5 September 2012.

CAN believes the following three priority areas need to be discussed in Bangkok:

-       Set expectations for concrete outcomes at COP18 in Doha, especially in terms of agreeing a second commitment period under the Kyoto Protocol

-       Establishing a workplan with key milestones for the Durban Platform negotiation track, especially in relation to increasing level of short-term mitigation ambition

-       Identify elements that need to be finalized or moved under the long-term cooperation action (LCA) track so that it would close in Doha

Media are advised that non-governmental organisations who are members of CAN are available for interviews and on and off the record briefings, backgrounds and updates on the following climate change issues discussed in the negotiations:

Shared vision and overall political picture
Mitigation and low-carbon development
Equitable effort sharing
Adaptation to the impacts of climate change
Financial support
Technological support
Legal structure
REDD and forests
Aviation and Maritime fuels
Agriculture
Public participation

The CAN team in Bangkok also includes experts from the following regions:

Arab region, Australia, Canada, Central Asia, China, Europe, India, Japan, Latin America, South Africa, South East Asia, United States, West and East Africa.

To be put in touch with the relevant person, please contact CAN Director:

Wael Hmaidan
local phone: +66 (0) 8 9210 4796
email: whmaidan@climatenetwork.org
website: www.climatenetwork.org
Facebook: http://www.facebook.com/CANInternational?ref=hl

CAN Position on the Carry Over of Surplus Kyoto Units - August 2012

Kyoto Protocol rules allow countries to carry over any unused (ie. surplus) Assigned Amount Units (AAUs) into the next commitment period. A number of countries, such as Russia, Ukraine and Poland, have very large surpluses of AAUs. By the end of 2012, up to 13 billion AAUs, could be carried over into the Kyoto Protocols second commitment period. This is almost three times the annual emissions of the European Union or more than twice those of the United States.

This surplus threatens the viability and effectiveness of international climate policy regimes. If no restrictions are placed on the surplus of Kyoto units, weak pledges together with the surplus will allow countries to have emissions that are as high as business-as-usual emissions are projected to be in 2020. This holds true even if the largest surplus, that of Russia, is excluded.  Allowing the full AAU surplus to be carried over could eliminate the chances of avoiding dangerous climate change by overshooting the +2˚C limit agreed by all Parties to the UNFCCC in Copenhagen in 2009.

The issue has to be addressed by the end of 2012 when the first commitment period of the Kyoto Protocol ends, otherwise the existing rule that allows full carry-over will be applied by default.

By COP18 in Qatar a solution must be found to make a second commitment period under the Kyoto protocol viable and to avoid stifling progress on a new global climate deal called for by the Durban Platform. The Climate Action Network International (CAN-I) urges the Parties to the Kyoto Protocol to fully address the issue of surplus AAUs and makes the following recommendations:

  • Almost all of the surplus must be eliminated, including surplus emissions credits from the CDM and JI e.g. solutions based on the proposals made by AOSIS and the African Group. Both proposals would eliminate approximately 95% of the Kyoto unit surplus.
  • The surplus must be eliminated permanently. Option that would not restrict the carry-over but limit the use of any carried-over surplus are insufficient because they do not resolve the question of what would happen to the surplus after the end of the second commitment period. The surplus could continue to exist decades from now.
  • To be eligible to use any surplus AAUs, CERs and/or ERUs at all, a Party must have a reduction target for the second commitment period that is lower than its 2008 emissions.
  • A new “hot air” AAU surplus must be avoided at all costs in the next commitment period. The current limited emission reduction targets of Russia, Ukraine and the EU risk generating a further AAU surplus within the second commitment period of the Kyoto Protocol, on top of the existing surplus AAUs from the first commitment period. Any 2020 reduction target for any Annex I country must be substantively lower than current baseline emission estimates.
  • Annex I countries must significantly raise second commitment period emissions reduction targets and participation in the Kyoto Protocol. Higher targets would work most effectively if combined with a stringent limit on the use of the surplus. According to UNEP a combination of stronger reduction targets with stricter Kyoto rules (such as the reduction of the surplus) is needed to keep the global average temperature increase below +2˚C.
  • CAN-I calls on the G-77 to develop a joint proposal based on the proposals made by AOSIS and the African Group.
  • CAN-I calls on the EU to find an intra-European solution so it is able to take a clear position at the UNFCCC negotiations. If the EU wants to maintain its constructive and proactive role in the climate mitigation arena it needs to follow up with clear and strong positions on elements that could threaten the environmental integrity of a future global climate regime.
  • If the EU and the G77 put their diplomatic weight behind a joint position, it would greatly increase the chances of addressing the AAU surplus to strengthen the environmental integrity of a second commitment period and a new climate treaty to be agreed by 2015. 

 

 

Bring Out the Tequila

Watching the UNFCCC process from afar, one may well feel that the world is trying to address its carbon addiction by developing a new addiction to endless agenda fights. While many of the countries most responsible for climate change provide excuse upon excuse for woefully inadequate mitigation action, others are putting their shoulders to the wheel and getting on with saving our planet.

On this occasion, ECO wants to celebrate the approval of the Climate Change Law in Mexico, which represents not only an important step for the country, but a clear benchmark for others. This new law helps to give political continuity by building on existing efforts to address climate change. It strengthens the institutional structure to address both mitigation and adaptation by setting a common vision for all sectors of the economy.

Central to the law is the recognition of Mexico's COP15 commitments – namely, a 30% pollution reduction below BAU by 2020 and a 50% reduction by 2050. Furthermore, the new law mandates a share of 35% clean energy in the power sector by 2024. The law also promotes the creation of a Climate Change Fund, which recognizes the need for registry instruments to record and efficiently manage funding from international cooperation, and mandates an allocation of federal budget to this fund (the exact amount is still to be determined).

By accepting the Climate Law, the Mexican legislature has achieved something truly remarkable. Through wide participation by all parts of society to develop the law, Mexico has shown the world that it is possible for any country to make a binding commitment to a better, low-carbon future. The message from this example is clear: countries need not wait until 2015, and definitely not until 2020, to embrace the advantages of low-carbon, climate-resilient sustainable development. If a developing country like Mexico can achieve this, ECO wonders – surely the USA, Canada, Russia and Japan can do the same and more. Action is clearly possible, necessary and extremely urgent. The window for limiting global temperature increases to less than 2°C is closing fast, but Mexico has shown that hope remains. Now, it just remains for other parties to stop talking and start doing.

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