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The Copenhagen Climate Change Treaty Draft – wealth transfer defined, now with new and improved “dignity” penalty

This is the draft of the Copenhagen Climate Change Treaty currently out of the United Nations Framework Convention on Climate Change working group dated September 15th.

Copenhagen_draft

click for PDF document

Thanks to Alan MacRae for providing it to me. To get an idea of the kinds of things being proposed, I provide it here with some excerpts below. Readers that wish to highlight some other excerpts should do so in comments.

 

Page 62:

33. Each Party’s national schedule shall include:
(a) A long-term national greenhouse gas emissions limitation or reduction pathway;
(b) A country-driven nationally appropriate mitigation strategy, differentiated in terms of the ambition, timing and scope of its mitigation commitments or actions, which could be, inter alia, project-based, sectoral or economy-wide.
(c) Each Party’s nationally appropriate mitigation strategy shall include:
(i) Except for the least developed countries and small island developing States,
quantified emissions limitation or reduction commitments for 2020, consistent
with its long-term national greenhouse gas emissions limitations or reduction
pathway, subject to regular review; and
(ii) Measurable, reportable and verifiable mitigation policies and measures to meet its quantified emissions limitation or reduction commitments for 2020, as appropriate, and to support its national greenhouse gas emissions limitations or reduction pathway, subject to regular review.
34. All countries prepare low emission development strategies. Note that further paragraphs would be required to describe in more detail their function and relationship to the national schedules described above and a potential facilitative/matching platform.
35. All Parties shall develop and regularly update and submit information relating to the implementation of their nationally appropriate mitigation strategies. Such information shall be reviewed and verified according to agreed rules and guidelines.
36. All Parties, except for the least developed countries and small island developing States, shall develop and regularly update and submit a national inventory of anthropogenic emissions by sources and removals by sinks of all gases not controlled by the Montreal Protocol.
37. National inventories shall be:
(a) Undertaken in accordance with the latest agreed Intergovernmental Panel on Climate Change Guidelines for National Greenhouse Gas Inventories; and
(b) Submitted, reviewed and verified according to agreed frequencies, rules and guidelines.

===

Page 122, Item 17 is quite troubling.

15. [Developed country Parties [shall][should] provide support to developing country Parties, particularly those specified in Articles 4.8 and 4.9 of the Convention, in order to allow developing country Parties to address issues related to social and environmental development, economic diversification, risk assessment, modelling and insurance to prevent the adverse effects of the spillover effects.] Alternative to paragraph 15:
[In the implementation of paragraphs 11 (c)11 and 11 (d)12 above (159.1 and 159.2 in FCCC/AWGLCA/2009/INF.1) , through the provision of financial resources, including for access, development and transfer of technology, at agreed full incremental costs in accordance with Article 4.3 of the Convention;
Recognizing that there are ways and means to reduce or avoid such impacts through careful and informed selection of policies and measures, to evaluate the effectiveness of existing tools, and to consider new ones, in order to assist developing country Parties in addressing these impacts.]
16. [Adverse economic and social consequences of response measures [shall][should] be addressed by proper economic, social and environmental actions, including promoting and supporting economic diversification and the development and dissemination of win-win technologies in the affected countries, paying particular attention to the needs and concerns of the poorest and most vulnerable developing country Parties.]
Alternative to paragraph 16:
[Adverse economic and social consequences of response measures shall be addressed by various means, including but not limited to promoting, supporting and enabling economic diversification, funding, insurance and the development, transfer and dissemination of win-win technologies in the affected countries, such as cleaner fossil fuel technologies, gas flaring reduction, and carbon capture and storage technologies.]
17. [[Developed [and developing] countries] [Developed and developing country Parties] [All Parties] [shall] [should]:]
(a) Compensate for damage to the LDCs’ economy and also compensate for lost opportunities, resources, lives, land and dignity, as many will become environmental refugees;

(b) Africa, in the context of environmental justice, should be equitably compensated for environmental, social and economic losses arising from the implementation of response measures.

Climate Change Treaty, to Go Beyond the Kyoto Protocol, Is Expected by the Year’s End

By ELISABETH ROSENTHAL

Published: June 12, 2009

The world is on track to produce a new global climate treaty by December, the top United Nations climate official said Friday as delegates from more than 100 nations concluded 12 days of talks in Bonn, Germany.

The delegates issued a 200-page document that they said would serve as the starting point for treaty negotiations that open in Copenhagen in December.

“Time is short, but we still have enough time,” the official, Yvo de Boer, who is the executive secretary of the United Nations Framework Convention on Climate Change, said at a briefing. “I’m confident that governments can reach an agreement and want an agreement.”

The goal is a climate treaty that would go beyond the 1997 Kyoto Protocol, a climate-change agreement that set emissions targets for industrialized nations. Many of those goals have not been met, and the United States never ratified the accord.

The document issued Friday outlines proposals for cutting emissions of heat-trapping gases by rich countries and limiting the growth of gases in the developing world. It also discusses ways of preventing deforestation, which is linked to global warming, and of providing financing for poorer nations to help them adapt to warmer temperatures.

But many environment advocates and politicians suggested that delegates had not made enough progress in winnowing down those options. “Of course we have to respect the way the United Nations works,” Denmark’s minister for climate and energy, Connie Hedegaard, said in a statement after the talks ended. “But to me, there is no doubt that things are moving too slow.”

Representatives of poor countries complained repeatedly in the talks that developed nations had not made an adequate commitment to reduce their emissions. They expressed particular dismay over Japan’s announcement this week to reduce emissions by only 8 percent below 1990 levels by 2020.

Shyam Saran, India’s envoy on climate change, called such targets “unsatisfactory.” China and other developing countries have demanded that richer nations reduce emissions by 40 percent below 1990 levels in that period.

Experts described some of the back-and-forth as predictable jockeying in the months leading up to the make-or-break talks to negotiate a treaty in December.

Jonathan Pershing, who led the American delegation at the Bonn talks, said the discussions had unfolded about as fast as could be expected given the number of nations involved and the size of the task. He predicted a treaty would emerge in December.

He said that American negotiators acknowledged at the talks that “climate change is an urgent problem and it needs a global and immediate response.”

Despite the shortage of specific commitments, environmentalists took heart from the strong involvement of many nations, especially the United States and China, which jointly produce 40 percent of the world’s heat-trapping emissions. (In declining to ratify the 1997 Kyoto Protocol, the United States cited China and India’s lack of participation.)

“There are a lot of options to work out, but we have come a long way,” said Alex Kaat, a spokesman for Wetlands International, which fights the destruction of rainforests and decaying bogs. “There is now text on paper, and that’s progress.”

Biggest economies try again to strike climate deal

The world's 17 biggest and most polluting nations meet in London on Sunday in an attempt to break a deadlock on financing efforts to contain climate change and reducing harmful gases causing global warming.

With a deadline looming, pressure was mounting on the United States to finalize its position before a decisive December conference in Denmark meant to cap two years of negotiations on a global climate change treaty.

International negotiators showed little patience with arguments from the Obama administration that it was tied to action by Congress, where climate bills were making their slow way toward legislation.

"It's important that the U.S. makes as much progress as possible. They must come to Copenhagen with a clear sense of what they want to do," British Environment Minister Ed Miliband told British reporters in advance of the meeting.

Negotiators working on a bulky text of an agreement will meet for the last time before the December conference in early November in Barcelona, Spain.

But pessimism was mounting that a deal can be struck without policy changes at the highest level.

"In recent months, the prospects that states will actually agree to anything in Copenhagen are starting to look worse and worse," Rajendra Pachauri, head of the authoritative U.N. scientific panel studying climate change, wrote on the Newsweek Web site posted Friday.

President Barack Obama initiated the Major Economies Forum earlier this year as an informal caucus to quietly deal with the toughest problems. Participants agree to keep the talks confidential.

A key issue is helping poor countries adapt to changes in the earth's climate that threaten to flood coastal regions, make farming unpredictable and spread diseases. They also need funds and technologies allowing them to continue develop their economies without overly increasing pollution.

Estimates range in the hundreds of billions of dollars needed annually, but negotiators were struggling to find a formula for raising, administering and distributing the funds.

Rapidly growing nations like India, China, Brazil and Mexico have agreed to draw up national strategies for slowing the growth of greenhouse gas emissions, but resist making those limits binding and subject to international monitoring in a treaty.

Industrial countries agree to reduce their own emissions, but not to the levels that scientists say are required to avert climate catastrophes.

Kyoto Protocol From Wikipedia, the free encyclopedia Jump to: navigation, search Participation in the Kyoto Protocol, where dark green indicates countries that have signed and ratified the treaty, yellow is signed, but not yet ratified, grey is not yet decided and red is no intention of ratifying.

The Kyoto Protocol is a protocol to the United Nations Framework Convention on Climate Change (UNFCCC or FCCC), aimed at combating global warming. The UNFCCC is an international environmental treaty with the goal of achieving "stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system."[1]

The Protocol was initially adopted on 11 December 1997 in Kyoto, Japan and entered into force on 16 February 2005. As of October 2009, 184 states have signed and ratified the protocol.[2] The most notable non-member of the Protocol is the United States, which is a signatory of UNFCCC. The Protocol can be signed and ratified only by parties to UNFCCC, (Article 24) and a country can withdraw by giving 12 months notice. (Article 27)

Under the Protocol, 37 industrialized countries (called "Annex I countries") commit themselves to a reduction of four greenhouse gases (GHG) (carbon dioxide, methane, nitrous oxide, sulphur hexafluoride) and two groups of gases (hydrofluorocarbons and perfluorocarbons) produced by them, and all member countries give general commitments. Annex I countries agreed to reduce their collective greenhouse gas emissions by 5.2% from the 1990 level. National limitations range from the reduction of 8% for the European Union and others to 7% for the United States (non-binding as the US is not a signatory), 6% for Japan and 0% for Russia. The treaty permits emission increases of 8% for Australia and 10% for Iceland.[3] Emission limits do not include emissions by international aviation and shipping.

The Protocol allows for several "flexible mechanisms", such as emissions trading, the clean development mechanism (CDM) and joint implementation to allow Annex I countries to meet their GHG emission limitations by purchasing GHG emission reductions credits from elsewhere, through financial exchanges, projects that reduce emissions in non-Annex I countries, from other Annex I countries, or from annex I countries with excess allowances. In practice this means that non-Annex I countries have no GHG emission restrictions, but have financial incentives to develop GHG emission reduction projects to receive "carbon credits" that can then be sold to Annex I countries, encouraging sustainable development.[4] In addition, the flexible mechanisms allow annex I countries with efficient, low GHG-emitting industries, and high prevailing environmental standards to purchase carbon credits on the world market instead of reducing greenhouse gas emissions domestically. Annex I countries typically will want to acquire carbon credits as cheaply as possible, while non-annex I countries want to maximize the value of carbon credits generated from their domestic greenhouse gas projects.

Each Annex I country are required to submit an annual report of inventories of all anthropogenic greenhouse gas emissions from sources and removals from sinks under UNFCCC and the Kyoto Protocol. These countries nominate a person (called a "designated national authority") to create and manage its greenhouse gas inventory. Countries including Japan, Canada, Italy, the Netherlands, Germany, France, Spain and others are actively promoting government carbon funds, supporting multilateral carbon funds intent on purchasing carbon credits from non-Annex I countries,[5] and are working closely with their major utility, energy, oil and gas and chemicals conglomerates to acquire greenhouse gas certificates as cheaply as possible.[citation needed] Virtually all of the non-Annex I countries have also established a designated national authority to manage its Kyoto obligations, specifically the "CDM process" that determines which GHG projects they wish to propose for accreditation by the CDM Executive Board.

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