law72006

Climate Law and Policy

Study Guide

Topic 2 The international climate change regime

The international climate change regime that comprises the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol is discussed. The Kyoto Protocol flexible mechanisms including Joint Implementation, the Clean Development Mechanism and international emissions trading are also examined.

United Nations Framework Convention on Climate Change

The UNFCCC is a major international convention on climate change. The Conference of Parties (COP) is the supreme body of the Convention. The COP takes decisions to promote the implementation and reviews the effectiveness of the Convention regularly. The Convention lays the basis or “framework” within which the parties can work towards the objective. The framework consists of guiding principles and commitments of the parties. The commitments of the parties vary between developed and developing countries.

The Kyoto Protocol

The Kyoto Protocol entered into force on 16 February 2005 – on the ninetieth day after at least 55 Parties to the Convention deposited their instruments of ratification, acceptance, approval or accession (article 25 (1)). The Protocol incorporated Annex I Parties (Annex I includes 41 countries) which accounted in total for at least 55 per cent of the total carbon dioxide emissions for 1990 from that group. The first binding Protocol was developed after five years of negotiations. The Protocol set binding national emission reduction targets for developed nations to meet by 2012, and also established certain flexibility mechanisms to assist the meeting of these targets, in particular, emissions trading, joint initiatives and clean development mechanisms. The Protocol also included several clauses which were quite favourable to Australia, including a rule which allowed reductions in land clearing to be counted as an offset against actual emissions (which became known as ‘the Australia clause’). Arguably, the Protocol was a major breakthrough in international efforts to curb climate change.

Readings

  1. Streck C. The Concept of Additionality under the UNFCCC and the Kyoto Protocol: Implications for Environmental Integrity and Equity. Available at http://paperzz.com/doc/380115/the-concept-of-additionality-under-the-unfccc-and-the-kyoto
  2. Figuere C. and Streck C. Enhanced Financial Mechanisms for Post 2012 Mitigation. Available at http://documents.worldbank.org/curated/en/242721468339613493/Enhanced-financial-mechanisms-for-post-2012-mitigation
  3. Background on the UNFCCC: The international response to climate change. Available at http://unfccc.int/essential_background/items/6031.php

Questions

  1. Discuss the concept of additionality in the JI and CDM mechanisms of Kyoto with a focus on why there is a need for it, and what issues surround its implementation.
  2. Why is it said that JI is more environmentally robust than the CDM?