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Blogging Durban: Day 4 (Dec 1)

Categories: Climate Change, Durban COP-17, International Relations

Demonstrations Outside COP-17

Good news!

Oh, wait.  No there isn’t.  Anyway, back to COP-17.  At present, the EU is by far, the biggest pusher for a binding regime.  They’ve already adopted, in 2008, a regional plan to cut 20% of EU emissions by 2020, and promised that they will increase that to 30%, if a binding agreement is signed for the post-Kyoto commitment period.  Moreover, they’ve been pretty adamant about getting parties on board a “road map” towards a binding agreement which should enter into force by the latest, 2020.

At present, it’s not entirely clear what the EU proposed Durban Road Map will look like: one major issue is that Tomasz Chruszczow stated on November 24 that a binding regime should include “100 percent of all emissions under one global umbrella,” while other recent press releases refer to targeting the “major emitters.”  This is an important distinction – due to the necessity of obtaining consensus to create protocols and new agreements under the UNFCCC – just on the basis of numbers – it will be far easier to create a binding regime focusing on the top 12 emitters (which combined, emit 80% of the world’s GHGs) than to try to convince close to 200 countries to agree on something.  Of course, doing so would mean breaking down the G-77 bloc on this issue.  The thought, at this point, of global consensus on binding obligations, is mind-boggling.

Brazil, the EU Road Map, and Financing

Some of the delegates themselves seem, already, to be somewhat disillusioned.  In discussing the EU Durban Road Map today, the Brazilian delegate, ambassador André Corrêa do Lago stated with some resignation, “Well, we have to talk about the same subjects, basically, every day.”  No kidding.  Anyway, Corrêa do Lago indicates that there may be some confusion among the principals about what the proposal is.  While expressing support for a binding regime, strengthening the UNFCCC and KP he states some concern about textual ambiguity in the EU proposal: “The issue is that, in these negotiations, a little word can make a lot of difference.  We have to see which elements Brazil can be comfortable with.”  Finally, reiterating the position of the G-77 + China bloc, “we are not agreeing with the idea of the world, in this road map, as a whole.”

Corrêa do Lago also makes an important, and potentially sobering observation.  One of the mechanisms through which the KP was being implemented is the Clean Development Mechanism (CDM).  In short, Parties with Annex B commitments could get credits for cutting emissions by funding low-cost projects in less developed countries (LDCs).  Potentially a win-win situation, this theoretically would allow richer countries to cut emissions cheaply (since the atmosphere doesn’t care where carbon comes from), while fostering technological transfer to LDCs.  Without binding commitments, there will be no incentive to invest in the CDM.  This also raises a similar question about the Green Climate Fund (GCF).  While the Montreal Multilateral Fund was an important element in obtaining LDC support for phasing out Ozone Depleting Substances (ODSs), it was created pursuant to a binding agreement.  Without that, it’s not immediately clear what kind of institutional support there will be to transfer the technology needed to China, India, Brazil, etc., to allow them to ‘leapfrog’ over the path of dirty industrialization, particularly as there would be no agreed-upon standard of cuts to which the provided funds would apply.

Japan

Japan has an interesting approach here, which may be comparable to that of the US.  Japan has already stated that, like Canada (and effectively the US), it has no interest in ratifying a second commitment to the KP.  At the same time, they’ve not withdrawn from the KP, and are in fact going to “…continue our efforts towards GHG reduction, and would like the improve the CDMs and so on.”  Moreover, they want to adopt “…a single legal document that establishes a fair and effective framework with which all the major economies will cooperate” in the future.  On this approach, they state they will stand “hand in hand with the EU” in lobbying for a binding regime – but one which does away with the KP’s limited approach, incorporating rules for a small majority of GHG emissions.

In addition, they’ve  been promoting their multilateral aid program on climate change, stating that “…it is necessary for both developed and developing countries to achieve low carbon growth all over the world.”  Under this plan, Japan is pledging to transfer policymaking expertise and technological know-how to LDCs through “concrete measures” intended to go right up until Rio + 20 next year.  At present, Japan has provided $12.5 billion dollars, primarily to the poorest countries, and is planning to develop technological transfers in goods such as solar cells.

Take it away, Climate Action Network!

CAN

Well, right off the bat, Kelly Dent from Oxfam states that the world will need $200 billion a year to get the action necessary to meet our climate goals.  I’m not sure what she’s basing these numbers on, but if she’s right, I’m buying beachfront property in Montana right now.  The rest of their press conference is too depressing to cover.

Overview: Are We Talking About the KP, or Something Else?

One thing that seems to be muddled in the discussion right now, is: what kind of a binding agreement are people talking about?  The NGOs, particularly CAN-I, as well as developing countries in the G-77 + China (if Argentina is to be believed) are primarily interested in creating a second commitment period to the KP.  The Umbrella Group is ostensibly interested in a binding agreement, but are explicit in saying that it should NOT be reification of the KP – again, for pretty valid reasons.  Now, the NGOs claimed today that the EU is on board for an extension of the KP, but based on the EU’s earlier pronouncements that LDCs should be held to binding obligations, it’s not clear that that is correct.

What would be the benefit of extending the horrid, horrid institution of the KP in a second commitment period?  It is doubtful that it would necessarily lead to decreased global emissions, particularly since the countries responsible for about half of the current GHG emissions (US and China) are not under the regime.  However, it would create incentives for continuing the CDM and, given the repeated interest in institutionalizing the GCF, may create the institutional support for the Fund.

Well, we’ll see.  At the moment, I’m primarily curious about the creation of the GCF.  At present, that remains my best hope for a positive outcome this year.  Again, I’m not sure how that will play out absent some kind of related regime, but, eh, couldn’t hurt.

Blogging Durban: Day 3 (Nov 30)

Categories: Climate Change, Durban COP-17, International Relations

Indigenous Protestors against REDD

So, where are we at now?  The statements coming from various delegates indicate that states are, more or less, going with their various representative blocs.  The Umbrella Group wants LDCs to commit to something binding and meaningful; the G-77 wants HICs to take the lead (especially the US), and to actually pay for the costs of transition; the US is not particularly interested in a binding agreement – and wouldn’t be able to commit to one anyway; the EU is trying to get people on board a binding commitment; the NGOs are mad at everybody.

The Green Climate Fund and the Financial Mechanism?

On the plus side, there does seem to be movement towards creating a meaningful Green Climate Fund.  One of the more cited decisions of COP-16 in Cancún was Decision 1/CP.16 (PDF), which pledged the creation of a financial mechanism – modeled on the Multilateral Fund of the Montreal Protocol - to build the capacity and will among poor countries to transition away from high emissions practices.  The EU has been vocally supportive of the idea, and it’s certainly one appreciated by the G-77 + China, as well as the NGO community.

Among some of the issues being discussed by the Transitional Committee on the GCF include a submission by Malawi that the fund consider gender issues (PDF) in allocating resources, observing that women are disproportionately affected by environmental vulnerability.  Very good.  As discussed in the Millennium Development Goals, women are disproportionately affected (PDF) by poverty, which is exacerbated by the land degradation, erosion, and unstable agricultural conditions that will mark the changing climate.

In the interest of improving the link between local community needs and climate financing, Climate Action Network (CAN) also issued a recommendation to the Transitional Committee that the proposed GCF Board include, as non voting-observers, representatives from affected communities, civil society organizations, and the private sector.  This may be ambitious, but perhaps institutionalized financing may be one saving grace of COP-17.

Proposals and Changes?

Something potentially interesting: Papua New Guinea and Mexico have issued a proposal to the COP to change the voting rules.  In short, the proposal would allow amendments to the Convention to be adopted by a 3/4ths majority vote (PDF), if all attempts to achieve consensus have failed.  Intended to avoid the gridlock that characterizes international regime creation, this proposal is currently being debated in informal consultations under the COP.

At the COP: Science, Hot Air, and the CDM

Rajendra Pachauri, head of the IPCC, starts off the 3rd meeting of the COP, observing that 20 – 30% of observed plant and animal species are likely to be negatively affected by climate change.  A further downer – melting ice-caps threaten low lying islands (so, what we already knew), but notes that in some places, things aren’t so bad: “…[In] some regions, droughts have become less intense, or shorter,” particularly in Central and Northwest America, and coastal Australia.  Moreover, Pachauri emphasizes that climate change is primarily a problem for developing countries – measured as loss in GDP, loss of life, and other metrics.

Poland, speaking on behalf of the EU, promotes the further utilization of the CDM, such that LDCs can “leapfrog” over dirty industrialization, but calls for greater top-down methodologies in calculating emissions reductions – ideally, this would reduce the capacity for states and corporate actors to cheat, gaining credits for minimal or no action.

Kazakhstan proposed an amendment to Annex B of the Kyoto Protocol, which would effectively give the country a binding obligation to hold its GHG emissions to 100% of its 1992 levels (PDF).  While keeping emissions at 1992 levels would probably be a good thing for, say, the US and Canada, Kazakhstan is currently  emitting slightly below its 1992 levels, thus 1) encoding activity in which Kazakhstan is engaging anyway; 2) allowing that country to participate in Joint Implementation projects, or selling its ‘excess’ emissions, thereby gaining access to potentially lucrative investment and markets, while doing nothing to curb overall emissions.  This, of course, illustrates the ongoing problem with creating regimes – legal rules that violate the entire spirit of the endeavor.

The Civil Society Speaks

To highlight concerns associated with environmental injustice, Conrad Feather from the Forest People’s Programme raised the specter of disenfranchisement caused by the application of REDD projects. While using forests to curb global carbon may be a worthwhile goal in the abstract, it is decidedly not, if doing so requires the coerced relocation of rural and agricultural peoples.

Roberto Espinoza, an indigenous Peruvian from an indigenous rights advocacy organization and Jorge Payaba from the Madre de Diós federation discuss the problem of afforestation policies as a climate change strategy.  Espinoza, in a presentation on the “…piracy, abuses, and scams against indigenous people under the name of the REDD program,” argues that it is a piracy that is a “…design of the REDD program in its entirety.”  In short, the concern is that international assistance to the state of Peru is not translated into concern and well-being for local populations – the state benefits from hundreds of millions of dollars in international and financial capital, but it is a state that engages in land grabs, forced relocation, and the centralization over land tenure.  Thus, strengthening the state in the name of environmental green behavior obscures local injustice and unsustainable practices.

So, yes, OK, somewhat depressing.  Nevertheless!  Will there be meaningful financial commitment at the end of it all?  Will indigenous concerns be taken seriously?  We’ll see…

Blogging Durban: Day 2 (Nov 29)

Categories: Climate Change, Durban COP-17, International Relations

 

Durban, South Africa

Now I’m beginning to regret this.  Sorting through the various press releases is consuming far more time than initially planned – combined with what looks like a thorough lack of political will for meaningful progress, this may be a bad week.  In any case, here’s a summary of some of the highlights of Day 2 in Durban.

A Reminder: The Emissions Gap

Six days ago, Achim Steiner (current Executive Director of UNEP) reiterated a concern that the international society is moving insufficiently slowly towards ameliorating the climate problem.  In particular, Steiner illustrated that, if we don’t commit to meaningful action, we are likely to experience an Emissions Gap in 2020.

To recall, the goal of the current round of climate debates is to hold the increase in global temperatures to below 2 degrees Celsius above average.  One way to think about this figure can be summarized in an Emissions Gap Report (included downloadable PDF files) published by UNEP earlier this year: in short, the most likely way we will attain a manageable climate is by restricting the total atmospheric emissions of CO2e (carbon dioxide equivalent) to 44 Gigatonnes (Gt) in 2020.  At present, business-as-usual will mean a total accumulation of possibly 56 Gt.  Alarmingly, even if states complied with the current most optimistic interpretations of the Copenhagen and Cancún Agreements, we will still have an Emissions Gap of about 5 Gt of CO2e, torpedoing the goal of stabilizing the climate.  You can get a look at a nifty interactive map tracking country pledges, including the optimistic scenarios here.

So, what are the delegates and participants saying?

Ad-Hoc Working Group on the Kyoto Protocol

The AWG-KP, established in 2005 by Decision 1/CMP.1 (PDF) of the Kyoto Protocol – explicitly to promote a binding agreement and avoid an implementation gap among commitments from Annex I Parties – met for the first time in this COP today.  Their mission seems doomed from the outset, given (as mentioned yesterday and several times before), the demonstrated lack of interest among many Parties in creating a binding agreement to begin immediately after 2012.  In fact, given the timeframe it takes for a treaty to be negotiated, signed, ratified, and entered into force, the AWG-KP has quite a Quixotic task at the moment.  However, despair is not evident in their eyes.

The Chair of the AWG-KP starts off stating that he is still committed to the idea of creating a binding agreement in fact.  What do the delegates at the AWG-KP have to say about this?

The Argentinian delegate, speaking on behalf of the G-77 + China reaffirms the position of the bloc: “The political commitment of the G-77 + China to a second commitment period after the Kyoto Protocol remains firm.”  Not surprisingly, while asserting that developing countries are interested in doing something to address climate change, the commitment period will/should focus on the HICs, in the interest of “…science, equity, and historical responsibilities.”  In short, invoking the possibility of an Amendment to Annex B, which applies emissions reductions only to Annex I- namely developing countries – the stated goal of the G-77 is to focus on the contribution, and hence responsibility, of the Global North to the current crisis.

Australia, speaking for the Umbrella Group, notes that collectively, Annex I Parties are on target to comply with the Kyoto Protocol.  Hysterical.  This is true technically, but only because the target (a collective cut in emissions of 5% below 1990 levels), was achieved primarily by the collapse of the post-Soviet economies (see earlier post).  In any case, speaking for the Umbrella Group, Australia asserts that the work of the AWG-KP should be concluded, but in a way that does away with the current focus of the KP: reflecting earlier statements by the EU, the KP is criticized as a regulatory regime that regulates a small minimum (25%) of global emissions.

Switzerland wants all countries to commit to a binding agreement; the EU similarly calls for a binding agreement, building on the KP, but again reaffirming the need of “…all Parties…” (i.e., the LDCs) to commit to stated, explicit obligations.  Indeed, the idea of a binding agreement is essential to the EU’s statements, observing that the KP “…is the only international climate agreement with legally binding emissions targets.  It has proved to work.”  Not sure about the basis of the last statement – quite possibly invoking the ‘technical compliance’ with the goals of the 5% reduction from 1990 levels mentioned by Australia.

The Climate Action Network

This time, let’s hear from some NGO participants.  The following participants presented under the rubric of Climate Action Network – International (CAN-I).  Tove Ryding from Greenpeace; Rashmi Mistry from OxFam South Africa; Mohamed Adow from Christian Aid; One of the positive developments of the global environmental governance structure is the willingness to engage with the global civil society.  Contrast this with the institutions of international trade, for example.

In any case, Ryding reiterates what a lot of environmental activists seem to believe 1) the KP is “…what we have that describes how we reduce emissions.  It’s the outcome of 17 years of negotiations.”; 2) that “…we need a larger regime to be built.  So, in addition to the KP, we need a new, legally binding agreement, to be adopted no later than 2015…” in order that “…the KP comes out of here alive.”

Ouch!  Ryding representative takes some well-deserved shots at Canada, noting 1) their abdication from the KP has made them the “…laughing stock…” of the conference, and 2) condemning their commitment to the Tar Sands development (Keystone XL, in other words) which Canada described as “…ethical oil.”  Moreover, for the first time, someone describes the Copenhagen Accord as a meaningless document, contrasting with the interesting love-fest it had been receiving from the state delegates.

Rashmi Mistry from OxFam, co-presenter, calls for a carbon tax on global transportation to 1) cut down on emissions; 2) generate immediate funds for LDCs in a Green Climate Fund.  Ostensibly, this could lead to $10 billion a year, which would go some way towards supporting the transition, particularly among the poorest countries, which are also those most vulnerable to climate change catastrophes.  Mohamed Adow similarly calls for strengthening the “rulebook,” such that South Africa does not become the “…burial place of the KP,” invoking Shaka Zulu, Mahatma Gandhi, and the Prophet Noah throughout his presentation.  Someone prepared nifty soundbites ahead of time.

Anyway, drama!  Enemies!  Alliances!  Where will it go from here?  Let’s find out tomorrow.  In the meantime, here’s my theme song for the Durban conference:

Blogging Durban: Day 1 (Nov 28)

Categories: Climate Change, Durban COP-17, International Relations

Climate Change Negotiations at COP-17 of the UNFCCC

 

Because I have a taste for masochism, I’ve decided to blog the entire Durban conference, and discuss it here.  Good times!  Well, I teach environmental politics, so I suppose there is no way to avoid being on top of this…

So, this day marks the period in which the participants lay out their general policy positions.  In the interest of time and space (I still have my own work to take care of), I’ll only cover a few countries each day.  Overview: nothing really unexpected, when looking at the statements of some of the big players.  The US wants a binding agreement to apply to the LDCs; Brazil and the G-77 want the HICs to pay for most of the action, and the EU is somewhere, comparatively speaking, in the middle.  The major surprise was Canada, which is actually a pretty poor country, in terms of climate change.  Not only are they laggards in regime negotiations, they are also one of the top emitters of GHGs per capita, barely below that of the United States (PDF).  Bad, Canada!  Bad!  And now for more detail:

Oh, Canada

Yesterday, the Canadian government made a pretty interesting statement: the government will pull out of the Kyoto Protocol, in part because of the lack of binding agreements applied to LDCs.  This certainly strikes a significant blow to the already fleeting hopes that a new agreement would be signed.  Again, it seems very unlikely that anything new will be created before 2020 (so, one wonders what the scope of this COP is – at best, some new framework, or perhaps an elaboration of the Copenhagen Accord?).

Brazilian Press Briefing

The Brazilian representative seemed very interested in linking the current climate change COP with other environmental treaties: the ambassador mentioned Rio+20 and the upcoming COPs on the Convention on Biological Diversity, indicating perhaps, a comprehensive look at global environmental problems.

In response to a question about whether Brazil would be interested in committing to a binding regime (one that would apply to LDCs), the ambassador deferred, stating instead that his government would try to come to some consensus within the G-77 + China about LDC commitments in any future period.  At the same time, he called for increased attention to climate change, even in the face of the global credit crisis.  To be sure, his call for attention and action emphasize that the primary responsibility will have to come from the HICs.  In short, the ambassador states “…the Annex I countries are the ones that have created the patterns that now tend to be followed by most of the persons.  So, the Annex I countries have to take the lead in the sense, also, of showing that there is a sustainable way to go ahead…”

It sounds in particular, that he is linking the solutions to the global credit crisis with solutions to climate change – calling for Northern support for “sustainable development” in LDCs certainly invokes some of the unfulfilled promises made at UNCED in 1992 for financial support for environmentally friendly economic growth among the poor nations of the world.

USA Press Briefing

The Deputy Special Envoy of Climate Change, Jon Pershing from the US State Department invoked the Cancún statement in pledging to create a Green Climate Fund, and support for adaptation funds.  Moreover, despite the vagueness of (or, perhaps because of) the commitments in the Copenhagen Accord and the Cancún Agreements, the US pledges to fully implement the goals stated therein.  However, right off the bat, he asserted that there must be binding obligations assessed to LDCs, affirming that it must apply to “…all significant emitters,” obviously code for India, China, and Brazil (among others), invoking the Byrd-Hagel Resolution.

While not necessarily rejecting binding agreements per se, he seemed leery of the push towards a hard law regime.  Some of this, it should be noted, is based on the US delegation’s analysis that it will be very difficult to get meaningful commitment to a binding regime, and an argument that non-binding regimes may be a better way of generating political will among states.  Shades of Underdal and Victor!

In a positive direction, however, the US administration is now explicitly recognizing the science behind climate change (which may be news to domestic policymakers), and in a question from the audience about US resistance to science, the Special Envoy sounded a little testy.  Moreover, he made an explicit argument that, while much of the current dialogue focuses on attaining action up until 2020, there must be long term commitment (including financial support in the figure of at least $100 billion) to combating climate change.

EU Press Briefing

Tomasz Chruszczow, head of the Polish delegation, sounds really hoarse.  At the same time, he sounds adamant that what are needed are “…immediate actions on the ground…” to hold the increase in global climate temperatures to 2degrees Celsius above the global norm.  Again, invoking Cancún, he called for operationalizing financial commitments to LDCs.

He takes a slightly different tack from the USA: emphasizing the principle of “common but differentiated responsibility,” he asserts that what is needed is a binding framework that incorporates all actors, but treats some (developing countries) differently from the HICs.  Renge-Metzer also notes that we need to cut emissions by 50% from 1990 levels by 2020 (bringing to mind the First Assessment Report of the IPCC).  Echoing the USA however, Chruszczow notes that the Kyoto Protocol is a pretty poor model for an agreement – since it only applies binding obligations on Annex I countries (exempting the USA, Russia, China and India), it governs only 25% of the world’s emissions, of which 11% are in the EU.  Thus, 75% of global emissions are not regulated by the Kyoto Protocol.  In his words: “…Kyoto alone cannot save the planet,” but it is clear that a binding commitment is sought for.

In a move that overlaps with the Brazilian delegate’s position, he invokes the EU’s involvement in providing Official Development Assistance (ODA) as a means to support environmentally friendly sustainable development.  Artur Runge-Metzer, his co-presenter, takes up this point, illustrating that “fast-start finance” is particularly necessary to change short-term practices, talking up the EU’s provision of about $4billion to LDCs under the aegis of climate change to reduce emissions from industry and deforestation.  Africa, in particular, is targeted for bilateral aid.  Notably, however, the EU delegates are stressing that aid must be in loans and support private sector investments and the free market.

In a question asked about Canada’s abdication from the Kyoto Protocol, the EU delegates are similarly sanguine about this event, noting that Canada was not particularly interested in committing to anything after Kyoto at this point.  Nevertheless, the EU is expressing confidence in the political process.

To close it out, here’s a clip of highlights from the UNFCCC Executive Secretary Christiana Figueres, as of yesterday:

(Addendum: one of my students, in response to the notification that I will be covering this, wrote: “Warning warning UNFCCC jargon/nearsightedness/intrinsic Northern hegemony guaranteed to harm your health, crush your soul and undermine your spirit. Previous attendees and followers of conferences recommend taking up martial arts or hibernating instead.” This may yet prove prophetic.)

No Binding Agreement on Climate Change ’til 2020?

Categories: Climate Change, International Relations

Rajenda Pichauri, current head of the IPCC

It’s been a very mild fall, so far. Up until last week, we’ve had temperatures in the 60s here in Vermont.  Very pleasant, but not entirely becalming.  So, now that we’ve finally had some snow, and – alhamdulillah – a break from work, I can take the kids out and enjoy some of what makes the New England winters bearable.

With this in mind, I’ve been thinking about a conversation I had with one of my students: as of this Sunday, the rich nations have essentially given up on trying to negotiate a binding agreement for the post-Kyoto period.  As a result, next week’s round of climate talks in Durban, South Africa is unlikely to end with new commitments to address climate change after the Protocol expires in 2012.  At present, the optimistic scenario is that an agreement might be signed and enter into force at the earliest, 2020.

The Usual Suspects

The usual suspects are to blame for this impasse.  Developed nations are essentially making the argument enshrined in the US’ own Byrd-Hagel Resolution – that any future agreement must include binding targets for less developed countries (LDCs).  LDCs counter with the observations that 1) given the long lifetime of GHGs (over 100 years for CO2), and 2) the wealth disparity between the rich and the poor made possible by rampant industrialization, the richer nations are primarily responsible for the current predicament.  Indeed, one study by the Oxford Institute for Energy Studies carried out for the scientific advisory body for the UNFCCC assessed that the industrialized world, with 15% of the world’s population, is responsible for 64 – 70% of current global warming (PDF).  Consequently, any action taken by LDCs should be voluntary, not mandatory, and should be accompanied with far more financial and technical assistance such that the costs of environmental regulation do not harm nascent economies.

Concerned observers note that without a binding agreement, it is unlikely that nations will be willing to cut emissions after 2012.  Problematically, we currently have an accumulation of 389ppm of CO2 in the atmosphere.  Further, according to the IPCC and the National Climatic Data Center of NOAA, we are adding more CO2 at the rate of 1.9ppm per year – by 2020, we will have, at that rate, 406ppm of CO2, or just over the 400ppm recommended to keep an increase of global mean temperatures below 2 degrees above the current norm.

Institutions?

So what’s the upshot?  Those in favor of institutions note that they are potentially extremely helpful in regulating international problems.  In short, they institutionalize monitoring, provide transparency, encourage iterated discussions among parties, and provide consistent benchmarks against which progress can be measured.  On the other hand, skeptics counter that this begs the question: why should we assume that the requirements encoded in institutions are meaningful?  Indeed, some say that the tendency in international regimes is that states are likely to commit only to institutions and obligations that satisfy the least ambitious among them.  Problematically, the rules encoded in such unambitious institutions are probably going to be ineffective solutions at best.  As a result, the best bet is that sufficient global attention around the issue has been generated that domestic populations will independently drive improved behavior.  A long shot, but perhaps more likely than hoping for a serious international agreement.

A New World Record!

Categories: Climate Change, International Relations

Stunning news!  Not really surprising though (nor necessarily encouraging), but here it is.  In the most recent bulletin by the World Meteorological Organization (WMO), issued at the time of writing (Monday, November 21, 2011), data show a steady increase in the amount of greenhouse gases (GHGs) in the atmosphere (PDF). At present, we are at 389 parts per million (ppm) of atmospheric CO2, the highest recorded in the past 10,000 years.

At present, this is substantially higher than the 350ppm hoped for by 350.org, a transnational science and advocacy network, but still within the range deemed acceptable by the Fourth Assessment Report (AR-4) of the Intergovernmental Panel on Climate Change – namely 350 – 400ppm, as described in their Summary for Policymakers (PDF).  For clarity’s sake, this is the range in which most scientists feel we have the best change at stabilizing the projected increase in global temperatures at 2 degrees above the current average.  Further, as indicated in the bulletin, it is assumed that the 350 – 400 CO2 level would correspond with a similar leveling of other GHGs, such as methane, sulfur hexafluoride, and nitrous oxide, such that we would have a total accumulation of 445 – 490ppm of CO2 equivalent.

Hot Like Fire

It goes without saying that, even if we took the slightly-less-alarmist AR-4 as the better predictor, we would still be in dire straits.  To get to that level, we would need to cut global emissions by 50% – 85% of 2000 levels.  Further, this assumes that we would not dramatically raise the amount of other GHGs in the atmosphere.  While CO2 is usually held up as the bad boy of the atmosphere (and is currently responsible for about 70 – 80% of current anthropogenic warming), data held by the UN Framework Convention on Climate Change (UNFCCC) show that the other GHGs are more powerful warmers, based on ppm, than CO2.  (This is due to their longevity, as well as chemical makeup).  Unfortunately, these show no sign of decreasing and some, like HFCs, are increasing at alarming rates.

Theoretically, we still have time to act.  Politically, engendering the will to do so is another question.  Part of this depends on our disposition to alarming data – will these trends cause apathy, alarm, or disdain?  We don’t know to a certainty what all this means, but the problem is too many people take this to mean we don’t know anything.  One way or the other, we’re going to find out.  We are, after all, to borrow from Roger Revelle, “…carrying out a large-scale geophysical experiment” with the atmosphere.  I suppose that, for those skeptical about climate science theories, the logical thing to do is to take the experiment to its conclusion.

Corporate Personhood: Can it Work for Environmental Justice?

Categories: Corporate Behavior, Environmental Rights and Justice, International Relations

Corporations, Like Soylent Green, Are People

For many, the 2010 decision of the Supreme Court in Citizens United v. FEC (PDF)  seemed like a further step in the reification of corporations.  Briefly, the decision held that it was unconstitutional to restrict the political speech of corporations (read: spending on political campaigns), as doing so violated the First Amendment rights of persons within the United States – the underlying assertion is that corporations are legal persons.  Critics pointed out that the norm of corporate personhood – giving corporate entities legal rights equivalent to those of ordinary citizens – would likely mean the concentration of political power in the hands of corporate CEOs and the wealthy.  Well, it turns out that, in addition to empowering them, the norm of corporate personhood may be used to hold corporations accountable for their actions.

Background: Environmental Injustice and Shell in Nigeria

In the 1990s, oil exploration in Nigeria was a travesty of environmental injustice.  In the Nigerian Delta, the practice of extraction was incredibly dirty – oil spills, and gas flaring devastated the local environment, and displaced residents.  Moreover, the federal government of Nigeria monopolized the control of national oil wealth, giving a disproportionately low share to the residents of states in which oil exploration was taking place.

To make matters worse, Shell, seeking to maintain oil extraction, facilitated the displacement and murder of residents of the Delta region, largely of the Ogoni tribe.  As indicated in this book excerpt (PDF), Shell contractors bulldozed farmland and houses in order to gain access to oil-producing land.  When people protested, they were shot by the Nigerian army.  When they protested those shootings, they were shot.  When they blocked the community to further oil exploration, the Nigerian army and police went to ‘dialogue’ with the community, and they were shot.  In these instances, army and police officers were paid field allowances by Shell, who later wrote to “reiterate our appreciation for the excellent co-operation we have received from the Nigerian Police Force in helping to preserve the security of our operations.”  This pattern continued until several people were killed, including Ken Saro-Wiwa, poet, author, television personality, and environmental activist.

Hold Them Accountable

In response, a transnational coalition of Ogoni people and American legal advocacy agencies sued Shell, starting in the 1990s, for complicity in these atrocities.  Here’s the kicker: they cited a two centuries old law, the Alien Tort Statute (ATS), which allows aliens to sue in federal district courts for “…a tort only, committed in violation of the law of nations or a treaty of the United States.”  A decade and a half later, the case seemed to stall, when the Second Circuit Court of Appeals dismissed the charges, asserting in a majority opinion that, despite the clear violation of human rights law, and despite the seriousness of the claims, corporations could not be considered “juridical persons (PDF)” when it became time to hold them accountable for their actions. 

However, on October 16th, the Supreme Court agreed to hear the case on appeal.  At the heart of it, this case raises the question of whether corporations can have the rights of citizens without their corresponding responsibilities.  Obviously, the most optimistic outcome, and one which we will find out next year after the case is concluded, is that the SCOTUS finds that corporations are, in fact, liable for human rights violations – that at least would indicate some conceptual consistency among the conservative branch.  If, however, they find that Shell is not liable, as non-juridical persons under international law, it may expose the hypocrisy and emptiness at the core of the idea of corporate rights.

2012 and Beyond: Do We Need Another Kyoto Protocol?

Categories: International Relations

Well, in about a month (to be precise: the 28th of November to the 9th of December), the 17th Conference of the Parties (COP-17) of the UN Framework Convention on Climate Change (UNFCCC) will meet in Durban, South Africa.  One of the major issues confronting COP-17 is the fact that the Kyoto Protocol “expires” in December 2012, and the international society still does not have a binding agreement for any emissions cuts after that time.

This has been portrayed in cataclysmic terms: for one example, the UK Guardian indicated that it would be the “death knell” for the climate fight.  The implication is that, without a binding agreement on whether, what and how to cut emissions, governments around the world would lose any incentive to curb the six main greenhouse gases (GHGs), plunging us into a world in which states burned oil and coal with abandon, razed the forests, accumulating GHGs in the atmosphere at exponentially increasing rates.

But I’m not convinced this view is correct.  In the first place, it’s pretty far from clear that the Kyoto Protocol – as an institution – has contributed meaningfully to international governance.  In the first place, the major GHG emitters, the US and China, are not bound by the Kyoto Protocol, and there is no reason to assume that any subsequent agreement would include them anyway (especially if, as is one suggestion, the post-2012 era is characterized by an extension of the current Protocol).

Second, and related, the effort to create in 1997 an agreement that would incorporate the political interests of post-Soviet, western European, and North American states led to an institution that was barely better than the lowest-common-denominator.  One datum I find interesting is that, technically speaking, the goals of the Kyoto Protocol – a cut in GHG emissions among Annex I Countries of 5.2% below 1990 levels – have been met.  However, as the figure below indicates, this goal has been met largely through the activities of Economies In Transition (read: post-Soviet) countries, most of which helpfully had a collapse in economy and industry immediately after 1990.  Meanwhile, overall GHGs have increased substantially since then, and the goal was so modest as to be laughable (the IPCC had originally recommended a 60% cut).  Would a new protocol be any more meaningful?

GHG Emissions for Annex I Countries

Third, and perhaps more encouraging, there is some evidence that countries are taking unilateral action to curb GHG emissions in more ambitious ways than are currently conceivable under the KP and the UNFCCC.  Most encouragingly, the EU launched in 2008 a plan called the EU 20 20 20.  Briefly, this consists of a pledge by the Union to cut GHG emissions by 20%, increase the proportion of renewable energy to 20% of overall energy, and cut energy consumption by 20%, all by 2020.  Ambitious, sure, but in 2011, the region had cut GHG emissions from 1990 levels by 15.5%.

So what does this mean?  Well, the failure of the UNFCCC COP-17 to negotiate a binding agreement post 2012 will not necessarily mean that countries will do any worse than they are now.  More significantly, a new agreement post 2012 does not mean that they will do any better.  Concern about the presence or absence of a likely meaningless international institution could probably be better spent elsewhere – say, focusing on generating domestic political will to adopt as significant regulations as the EU.  Without domestic support in the major contributing states, international institutions will be empty, and the hand-wringing over the second commitment period a waste of time.

The Sputnik Moment and Environmentalism

Categories: International Relations

There is some interesting language around the fact that, last year, China invested $120 billion in green energy, while the US invested only $20 billion (this, despite the fact that China has less than 1/2 the GDP of the US).  Secretary Chu of the Department of Energy described the situation as the US’ “Sputnik Moment,” indicating that the US was in danger of being left behind in what – as indicated by the language – is going to be an ‘arms race’ in green tech.  Senior officials in the Obama administration are described as “worried” about this development, and concerned about the loss of US dominance in this sector.

Now, it is true that the specter of an ‘arms race’ in green tech seems like a good thing.  Certainly, the cost of solar panels has dropped by 30%, in large part due to China’s investment.  Moreover, the idea that the US will start spending in R&D in this area is – given the fact that the US is one of the top per-capita emitter of GHGs (pdf) – an attractive one.

However, I can’t help but feel dismayed at the idea that something as vital to global security, combating climate change, has become a source of conflict and tension, and one described by language invoking the Cold War and domination.  The Cold War was characterized by a winner-take-all, zero-sum attitude, with minimal scope for cooperation.  The idea that international relations should be driven primarily by this mindset, in large part, is why the environment is in its current state.  Development at all costs, the quest for natural resources, the dependence on oil for military readiness.  Sure, the framework of international conflict may have some environmental benefits, but it doesn’t strike me as an especially sustainable one.