Mixed Track: Not Letting the Negotiations Fall Through the Cracks

Infographic Path to Paris COP IISD Final

A comprehensive international agreement to reduce greenhouse gas emissions is derived from the need to halt human-induced shifts in the climate system as soon as possible. These shifts are dependent “on cumulative emissions rather than on emissions at any particular point in time” or place for that matter.[1] There may be some nations, such as China or the United States, that need to reduce their emissions significantly more than others, but they cannot be the only reductions. Every other nation that is party to the UNFCCC must make reduction efforts if there is to be a holistic commitment by the entire international community. This means that nothing can fall through the cracks, which has been seen in past “top down” and “bottom up” approaches. A less rigid and more all-inclusive agreement needs to be reached. This agreement will have to come in the form of a “mixed track” initiative in order to allow for the flexibility needed by the broad range of interests displayed in the Parties.

This new agreement will come out of the Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP), whose directive is to “develop a protocol, another legal instrument, or an agreed outcome with legal force under the Convention applicable to all Parties.”[2] The ADP is also charged with having this agreement ready for the 2015 negotiations. This would allow for it to be adopted and for implementation to begin in 2020, at the end of the extended Kyoto Protocol.

This new instrument will need to address the issue from a new perspective, as old agreements have not been comprehensive enough. A “mixed track” initiative would allow for flexibility and what is termed as “variable geometry” within the negotiations.[3] What this means is that certain parties would be able to take up different pledges in order to meet requirements set out for their particular region. This approach is not the one-size fit all that has been seen in the past. It avoids some of the pitfalls experienced by the stricter “bottom up” and “top down” approaches. An example of improvements to be made on the “top down” approach can be seen in the Kyoto Protocol’s lack of flexibility in developing emissions reductions targets. A more flexible approach would allow for non-absolute targets and allow for more participants, while promoting equity through nationally appropriate targets. This level of flexibility can be seen in the “bottom up” approach style, however the dependence on domestic governments in the development of national protocols has held some nations back from developing plans.

The “mixed track” approach would offer the “variable geometry” that Bodansky mentioned. Nations would be able to develop a plan for emissions reductions, while still acting under the international regime target of emissions reductions, and have a higher likelihood of meeting that plan- seeing it was developed with domestic interests in mind. An issue of complexity does come to my mind when I think about this approach. Developing a system that could capture the many interests and needs of the international community without duplicating processes could prove to be difficult. But, no system is going to be a simple design. If this “mixed approach” could be agreed upon and developed it could get the job done.

Works Cited

Bodansky, Daniel & Elliot Diringer. 2010. The Evolution of Multilateral Regimes: Implications for

Climate Change.

Pew Center on Global Climate Change, Arlington, VA. Bodansky, Daniel. 2012. THE DURBAN

PLATFORM: ISSUES AND OPTIONS FOR A 2015 AGREEMENT. Sandra Day O’Connor College of Law, Arizona State University.

UNFCCC/CP/2011/9/Add.1

 

[1] Bodansky and Diringer, 2010

[2] UNFCCC/CP/2011/9/Add.1

[3] Bodansky, 2012

Meeting in the middle of Top-Down and Bottom-Up

In the conclusion of The Durban Platform: Issues and Options for a 2015 Agreement, Daniel Bodansky states, “The challenge now is to retain sufficient flexibility to achieve strong participation while also raising ambition—both in terms of legal form and, more importantly, in the collective level of effort” (Bodansky 11) in regards to achieving the best possible post 2020 agreements. Bodansky believes the effectiveness of the outcome will be dependent on stringency, participation, and compliance, (Bodansky) however, this view leaves out other essential themes; accountability, ambition, transparency, and flexibility. The greatest outcome possible will require all of the above. This could be achieved by a “mixed track” approach, meeting exactly in the middle of “top-down” and “bottom-up” approaches.

Daniel Bodansky lists different options for a Durban Platform outcome, each with aspects that may work and others that raise questions. (Bodansky) The outcome of the Durban Platform needs to dive in to a transparent-stringent-internationally-legally-binding approach that must become the norm through raising national accountability and action transparency.

Legally-binding agreements must be set, focusing heavily on the common but differentiated responsibilities and respective capabilities (CBDRRC) of different countries; specific emissions reductions strategies and plans need to be set for each country/region. (Bodansky) Although the bottom-up approach may seem “the easiest to achieve politically” (Bodansky 8), it lacks ambition because individual bodies are setting their own actions based on preferences. In order to promote more ambitious action plans, others need to be involved in helping set agreements. If there were a way to physically take every country, in dialogue with each other, and have them set agreements for each one but converse collectively on them, this would be the most ideal situation.

This would require keying in on the CBDRRC aspects in order to promote the most equitable yet stringent plans. (Bodansky) “Countries will be more willing to negotiate commitments if the terms of engagement ensure that both they and their counterparts are negotiating within tracts appropriate to their respective circumstances” (Bodansky 10). The fact that dialogue would be cohesively international, would ensure this and furthermore, would hopefully, raise accountability and increase compliance.

Additionally, mandatory language such as “shall” rather than hortatory language, “should”, needs to be precedent. Plans need to be joint and certain from the beginning, but also allow room for alteration and change in the future, again through open dialogue. (Bodansky)

Picture the practice of any team sport, the coach asks, “Do we want to run today?”. The accountable athlete, who always wants to better themselves, will say yes and the complacent   athlete who does not often push themselves, will say no… In the end, it’s a trick question anyway, and the coach expects everyone to say yes. When you have a cohesive accountable team working towards specific goals, everyone knows to say “yes” because it’s what they have to do to achieve their goals. The unified and liable team, it the team that make it to the play offs.

This is what must happen in climate governance. Communication needs to be open, cooperative, and decisive. Somewhere between the bottom-up and top-down approaches, internationally we must come together to create justifiable expectations. The same way that each individually teammate, plays an essential role in getting to that play-off game. In order to have the best outcome of the Durban Platform, the utmost cooperation and accountability must be present.

Works Cited

Bodansky, Daniel and O’Connor, Sandra Day. “The Durban Platform: Issues and Options for a 2015 Agreement.” December 2012. The Center for Climate and Energy Solutions. Web.

 

A bottom up approach with comprehensive stringency policies

The year 2015 marks when people are hoping to have a new grand proposal on emissions reductions and climate change mitigation processes.  When looking at the various designs in which this proposal can take, a bottom-up approach, with emphasis on comprehensive evolutionary stringency policies would allow for strong participation at the onset, flexible requirements early on and a longevity of commitment.

The first key to any policy is to get a lot of participants.  Historically a bottom-up approach achieves this.  Bodansky uses the UNFCCC as an example of a bottom up approach.  The UNFCCC is one of the largest international regimes ever and they accomplished this by having very minimal stringency policies to be more appealing to Nation-states (Bodansky 2).  Climate change is a global issue, and although Nation states come to the negotiation table already knowing what their individual positions are, they are never the less engaged in negotiations and talking to each other.  This in turn helps to create more cooperation and interdependency. If a country reduces emissions in league with other countries, that country will theoretically also receive the benefits of other nations reducing emissions (Bodansky 2).   This can be supported by Peter Wilson’s definition of idealism international relation theory stating it “will empower world public opinion, and make it a powerful force that no government can resist…(Wilson 1).  Oppositely a top-down approach will not do this, because of the low participation aspect of countries.  However, even though a select few could successfully draft a proposal and use their sway to get in accepted a top-down approach does not include the vast majority of the nations.  In order for Climate change to be successfully combated, especially in the long term, all nations need to be a part of the negotiations and have equal stake.

A traditional bottom-up approach would not be feasible in this situation, because of its lack in stringency.  Bodansky explains that for a bottom-up approach to work stringency has to be: “part of an evolutionary framework that leads to greater action later (Bodansky 2).”  The first step is to have low commitments with high participation.  Next there must be a comprehensive timeline of commitment increases up-front.  One of the drawbacks of the Kyoto protocol is possibly that the second commitment period was to steep. Countries, like Canada ratified the protocol and participated but then dropped out as they realized that the emission reductions were to steep.  Similarly Japan and Russia are thinking of doing something very similar.  The stringency policies should be smaller incremental increases, over a longer period of time.  This way, more countries are engaged over longer periods of time, which would lead to lower emissions in the long-term.  Bodansky talks about a variable geometry structure in which countries can pick and choose which instruments to be a part of.  This would work well in conjunction with optional protocols (Bodansky 3).  For example, the MARPOL (International Convention on the Prevention of Pollutants from Ships) has mandatory protocols that deal with higher risk aspects like oil and noxious liquid, while less risk aspects are deemed as optional protocols (Bodansky 4).  If a bottom up approach were created in which, certain emission reductions were considered mandatory, while others were optional, more countries would participate and hopefully stay involved because of the flexibility aspect.

 

Wilson, Peter  Idealism in international relations: Originally published in Dowding, K., Encyclopedia of power. Thousand Oaks, USA: SAGE Publications, 2011, pp. 332-333.

Bodansky, Daniel and O’Connor, Sandra Day. “The Durban Platform: Issues and Options for a 2015 Agreement.” December 2012. The Center for Climate and Energy Solutions. Web.

 

The Multi-Track Approach: Comprehensive, Ambitious and Feasible

The Gift of Reciprocity gameplan for success

Time is running out to create meaningful international climate change action. The parts per million of carbon in the atmosphere is still on a steady increase, it is well past the internationally agreed upon safe limit, 350ppm. The agreement created by the Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP) might be the last chance for a meaningful agreement that would prevent catastrophic increase in global temperatures, over two degrees. In the past twenty years of the United Nations Framework Convention on Climate Change (UNFCCC) the negotiations have been largely ineffective in succeeding in their goals to plateau or decrease global emissions despite a range of tactics. They have tried a “top-down” approach through the Kyoto Protocol that had “contractual” emissions reductions, a “bottom-up” approach that “facilitated” voluntary emissions reductions (Bodansky). Both approaches have had positive and negative results, some of which are still unknown in the grand scheme of events, however, both have on the whole failed to produce the level and breadth of cooperation and action necessary to realistically mitigate climate change. Going forward a new approach is required that builds of the previous structures of negotiations to create the best agreement possible. If done correctly, a multi-track approach would combine the reciprocity and flexibility needed to get a high level of participation while producing the most comprehensive, ambitious and feasible climate agreement possible.

Due to the fact that essentially all aspects of society and economy perpetuate climate change, and that each nation has unique societal, economic and political backgrounds, an equally dynamic approach is required to successfully tackle mitigation. This means creating an international agreement that has the capacity to be successfully encourage and enforce nations to collectively and individually attack the issue by any and all means necessary. In discussing the failures of COP19 Joseph Zammit-Lucia noted that, “It’s not a lack of will that is the problem; it’s a lack of politically and practically achievable ways to achieve these results” (Zammit-Lucia). If each country gets to choose the manner with which they will reduce emissions, so long as “The different tracks [are] tied together by a core agreement addressing matters such as institutional arrangements, metrics and methodologies for comparing commitments under different tracks, reporting, and compliance,” then the possibility of follow through is much higher (Bodansky 10). Some form of legal requirements are needed for each nation to trust that their actions are reciprocated and to avoid a problem of potential free-riding, however, this could potentially also take the form of legislation at a nation level in addition to legal commitments at an international level (Bernauer).

In describing the form that a multi-track agreement would take Daniel Bodansky discussed including obligations for countries based specific parameters, “for example, countries with per capita GDPs above an agreed threshold might be expected to assume economy-wide emission targets” (Bodansky 10). However, other nations might be legally obligated to mitigation action through sectoral agreements or national policy making, based on the capacity of the nation. This type of system would create dynamic, “configurations of countries,” involving multiple, layering commitments based on the most effective strategy (Bodansky 9). However, because the negotiations would be based on reciprocity the potential for ambition is much higher.

For the Ad Hoc Working Group on the Durban Platform for Enhanced Action to be successful it must consider using the multi-tack approach in order to accomplish the post 2020 goals of less than or equal to two degree global temperature increase. Due to the various circumstances within each nation there is no single answer for reducing emissions across the board, and this agreement should reflect that. The ADP has the potential to ensure the flexibility necessary for each nation to achieve the highest level of emissions reduction, attract a broad participation due to this flexibility, while also promoting the most aggressive reductions through the dynamic system of reciprocity.

 

Work Cited:

Bernauer, Thomas , Robert Gampfer, and Florian Landis . “Burden Sharing in Global Climate  Governance.” Centre for European Economic ResearchCentre for European EconomicResearch Unknown (2014): 1-9. Print.

Bodansky, Daniel. “The Durban Platform: Issues and Options for a 2015 Agreement.” Center for Climate and Energy solutions Unknown (2012): 1-10. Print.

Zammit-Lucia, Joseph . “COP19: the UN’s climate talks proved to be just another cop out.” The Guardian . N.p., 2 Dec. 2013. Web. 7 Oct. 2014. http://www.theguardian.com/sustainable-business/cop19-un-climate-talks-another-cop-out

 

 

A New Kind of Climate Agreement.

unfccc

 

Throughout its history, the UNFCCC negotiations have been struggling to find the right kind of agreement that will have enough stringency in regulating emissions to avoid dangerous warming, participation from many nations involved in the global problem of climate change, and compliance of the pacts agreed upon by the Parties.  The Kyoto Protocol was, for some parties, too contractual of an agreement. The US refused to ratify it, Canada dropped out rather than legally exceed its set emission limits, and Japan and Russia decided not to accept the second commitment period targets. This top-down approach, a focus on the international governance of the UNFCCC, made participation and compliance difficult, and, currently, global emission regulations are not powerful enough to keep us from exceeding a 2ºC warming.

 

In order to step away from this sort of tactic, the bottom-up agreement reached in Cancun had nations volunteer their own mitigation and adaptation strategies. This resulted in participation among more nations but, because nations had an incentive to underestimate their capabilities, the agreement exudes a lack of ambition.

 

How can we find the perfect balance of governance that invites widespread participation, strict obedience to the rules, and ambitious guidelines that give this planet a better chance of staying below a 2ºC increase? The planet is warming quickly and many domestic governments do not seem willing to pass stringent emission regulations. It is difficult to enact a stringent climate policy when nations feel there is no reciprocity. At the same time, watering down an agreement so that more people participate is not enough action to stop dangerous global warming.

 

The Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP) was established at the Durban Climate Change Conference in 2011. They are working on a protocol or agreement to present at the COP21 in Paris to implement in 2020. They hope for some agreement with legal force and a large impact in preventing dangerous climate change. The ADP needs an agreement with the stringency of a top-down approach with the compliance and participation of a bottom-up method. To do this, the ADP should try both- a mixed track approach.

 

We do not need everyone to participate, but we do need the largest emitters of greenhouse gases to comply with regulations. In the current political climate, a legally binding emission reduction agreement probably would not pass many nations’ governing bodies. The US Senate, for example, does not seem willing to approve a stringent protocol regarding climate change. Because of the recent recession, many nations are hesitant to enact legislation that may decrease GDP or economic revenue in any way. Some agreement is better than no agreement with these countries. A non-legally binding agreement from the bottom-up will allow big greenhouse gas emitters such as the US and China to get involved in reducing their emissions.    This may be the best we can do with regards to these countries. However, with a mixed track approach, we would not have to let the political failings of a couple large emitting countries hold the rest of the world back. It is foreseeable that the European Union (EU) and other developed nations would pass a legally binding climate agreement. Like the Kyoto Protocol, they could have an emission trading system and more stringent emission caps. As Bodansky and O’Connor point out, “stringency and participation should be seen as dynamic variables.” Hopefully, the US, China, and India can transition into the legally binding agreement with time and become participants in the emissions trading system.

 

The mixed track approach is the best solution for our current political situation. It is better to include large emitting countries like the US in a voluntary emission reduction program than send an agreement to their Congress knowing it will not pass. For other nations, a stringent global emission policy is necessary in order to prevent catastrophic warming. Ideally, even nations such as China, Brazil, and India may elect to sign onto the legally binding, top-down track. They may find that it is their nation’s best interest to reduce air pollution, increase energy independence, and be perceived favorably by the EU. With a mixed track approach, policy can retain the best aspects of both the bottom-up and top-down approaches. We can enact more stringent policy with select nations while allowing less compliant nations to participate. Many difficulties lay ahead, but trying this approach my make the negotiating efforts of the ADP more effective.

 

Works Cited:

Bodansky, Daniel and O’Connor, Sandra Day. “The Durban Platform: Issues and Options for a 2015 Agreement.” December 2012. The Center for Climate and Energy Solutions. Web. file:///C:/Users/Jess/Downloads/03%20Bodansky%202012%20durban-platform-issues-and-options.pdf.

 

Have your cake and eat it too with the “Mixed-track” Approach

 

The Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP) has two objectives taken on by two different workstreams. The goals of the ADP are to develop a new framework that will govern all parties under the UNFCCC by the COP 21 in 2015 and to close the ambition gap by ensuring the highest mitigation efforts by all parties. Keeping in mind the golden number, 2 degrees Celsius, is the limited amount of global temperature rise. The complexities of climate change involve multilevel governance. Finding the best approach towards climate governance is a heavily debated topic, given the difficulty of reaching a global agreement. Two opposing approaches are a top-down approach and a bottom-up approach. These approaches are used to link the economy and greenhouse gas emissions.  Top-down involves a, “contractual approach favoring binding targets and timetables” (Bodansky, 1). While bottom-up involves, “facilitative approach favoring voluntary actions defined unilaterally”(Bodansky, 1). David Bodansky argues that an effective international agreement relies on multiple variables: stringency, participation, and compliance. However, “weakness along any of these three dimensions will undermine an agreement’s effectiveness” (Bodansky, 2). Which is why he argues both models should be merged in order to cumulate an effective agreement.

image13

The Kyoto Protocol was expected to lead a long-term top-down approach for mitigating climate change. Developed and developing countries could not come to a consensus in the negotiation process. Instead, countries have taken on their own climate obligations through a bottom-up approach. The failure of the top-down approach through the Kyoto protocol allowed for alternative approaches to take way, such as the Cancun Agreements.  At Cancun, “the Brazilian government declared it would halt all deforestation in Brazil by 2025” (King, 2011).  A bottom-up approach essentially implements policies at the lowest level of organization. Thus, proposing the idea that action can be taken at every level. There are numerous municipal initiatives and cities that are the centers of innovation for more sustainable practices. While a top-down approach focuses its attention on mitigation, a bottom-up approach concentrates on adaptation and the notion of vulnerability. Local approaches tend to have more short-term results, whereas top-down methods involve long-term impacts.

A hybrid, or “mixed track,” approach will be necessary in order to establish absolute commitments. Both approaches have different strengths and weaknesses, but together the weaknesses are compensated. For example, bottom-up attracts participation and implementation but does not effectively enact regulations. On the other hand, top-down results show the opposite. Mitigation and adaptation are both equally important in combating climate change and can both be reached through a mixed track approach of governance. We must not only rely on global agreement and regulation, but also on local implementations and participation. A legally binding treaty would ensure compliance but in addition we need local projects and governance in order to take fast action. The combination of both top-down and bottom-up approaches will be the most effective route in achieving the post-2020 goals of the Ad Hoc Working Group on the Durban Platform on Enhanced Action.

Works cited

David Bodansky, “The Durban Platform: Issues and Options for a 2015 Agreement,” Center for Climate and Energy Solutions (2012): 1-11.

King, David, and Achim Steiner. “Is a Global Agreement the Only Way to Take Climate Change?” The Guardian. Guardian News and Media, n.d. Web. http://www.theguardian.com/commentisfree/2011/nov/27/durban-climate-change-delivery

Perfect Chair: Goldilocks; as the Mixed Track Approach: COP20

goldilocks

Global Climate Change is a multi-faceted problem resulting in 20 years of relatively stagnant climate change negotiations. The past negotiations have failed to ratify a climate change agreement that involves all the nation- state actors. The involvement of all nation-states is necessary to achieve the goal of the Ad Hoc Working Group on the Durban Platform for Enhanced Action, which is closing the gap between the countries’ emission pledges and the actuality of countries ability to reach the global average temperature to be below 2 °C above pre-industrial levels.  Hence to achieve global involvement and to attain the necessary mitigation goals, alternative negotiations from the “top-bottom” approach may offer a better solution. The “mixed-track” approach is the most effective method of achieving the post-2020 goals of the Ad Hoc Working Group on the Durban Platform for Enhanced Action for it incorporates successful aspects of the “top-bottom” and “bottom-up” approaches, but also resolves the issues that both approaches pose.

Neither the “top-down” nor the “bottom-up” approaches allow for completely successful climate change negotiations. One issue with the “top-down” approach is that it has led to a division between developed and developing nation-states, which has made negotiations tense.  This divide has become a wall due to most climate policy’s constant incorporation of the CBDR principle (Kallbekken 2014).  The CBDR policy and changed dynamics between the developed and developing countries should be altered because these nation-states situations have changed and climate change’s current state requires global participation. Another reason why the “top-down” approach has failed in the past is because nation-state’s participation is voluntary and also there is  “no enforcement machinery” despite being “under international law” (Bodansky 2012).  The Kyoto Protocol operated under these standards and its “failure” was highlighted due to the withdrawals of the United States, Canada, Russia and Japan. Although the Kyoto Protocol had its disadvantages, it was a major milestone for it provided a framework that was accepted around the globe.  If the future negotiations can generate this same global participation, it could lead to the achievement of the Ad Hoc’s goals for 2020.

Similar to the “bottom-up” approach, the “top-down” approach has its strengths and weaknesses. Compared to the “top-down” approach, it has improved international relations for it acts across boarders and has found commonality among nation-states basis.  Since private and public transnational networks play such a large role in the negotiations, they should be integrated into the decision-making process.  Another strength is that it allows for flexibility and inclusivity for it does not require a protocol or international legal agreement (Bondansky 2012). An example of the “bottom-up” approach was the Copenhagen Accord and Cancún Agreements, which operate at a national level and are only partially committed, not legally binded. The flexibility of the agreement generates greater public approval of an agreement, since it does not necessarily have negative effects if the nation-state deviates from the agreement.  However, this flexibility is also the downfall of this approach for it gives states too much freedom in which they could lessen their responsibilities towards climate change.

The “mixed track” approach adds upon “top-down”’ approach’s successful aspect, but also incorporates the “bottom-up”’ approach’s alternative mechanisms. The “mixed track” approach gives a role to both international and national regime, since they both have been effective in different mechanisms. The “mixed track” positive aspects consist of: legal agreement with some binding and non binding component, variable structure incorporating national and international regimes, multiple types of commitments and mixed mitigation process (Bodansky 2012). Hopefully, the “mixed track” approach would encourage the necessary qualities in decision making , which are “tringency, participation and compliance” .

 

Bodansky, D., 2012. The Durban Platform: Issues and Options for a 2015 Agreement.
Center for Climate and Energy Solutions (C2ES). Analysis of President Bush’s Climate Change Plan. February, 2002.

A Bottom-Up Approach to Climate Negotiations

The Kyoto Protocol, the first legally binding international agreement on climate change that pledged parties to emission reduction targets, had a commitment period lasting from 2008 until 2012 (UNFCCC Kyoto). Now that this period has ended, climate negotiators are concerned with trying to create a second commitment period to reduce GHG emissions. Scheduled to end its work in 2015, the date by which a protocol or international agreement should be completed, the Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP) is tasked with developing a protocol or other agreement with legal force (UNFCCC Ad Hoc). There are a multitude of ways to go about this–most broadly, the three options are a top-down, a bottom-up or a mixed-track approach.

A top-down approach to climate change would mean that after an international greenhouse gas concentration target is agreed upon, both the manner in which a country will achieve this goal, and individual country targets, will also be decided upon internationally through a general allocation formula. The opposite of this, a bottom-up approach, would consist of an agreement to allow states to define their commitments individually. The Kyoto Protocol was somewhere in between these two approaches, and was considered a mixed-track approach. Emissions targets were decided upon internationally, but this number was merely a sum of individual national commitments, and countries had very different emission reduction targets that they were able to decide partly on their own (Bodansky 4).
Moving forward, the next step should be one that lies somewhere in between a mixed-track and a bottom-up approach. It should take into account the agreed upon limit for rising global average temperature–2 degrees Celsius–and also allow countries to decide in what manner they want to go about reducing emissions.

An international agreement, as Daniel Bodansky explains, is “not only…the stringency of its commitments, but also the level of participation and compliance…” (Bodansky 2). The problem with a top-down approach is that it is tough to get the participation of a wide range of countries because each country has different economic capacity, poverty levels, and economic diversity. Make it too stringent, and more countries will reject it. The only way to get a substantial number of countries to accept an international agreement is to make it less stringent, which won’t have enough of an impact on global emissions to substantially mitigate global warming (Bodansky 2). A bottom-up approach is much better for reducing global emissions, as more participation from countries is inevitable because they will have the freedom to implement actions based on their economic capacity, growth rates and their amount of survival emissions. But there is one glaring concern with this bottom-up approach, which is that letting individual Parties decide for themselves what measures to take might result in a lack of ambition. Countries might be more concerned with their economies in the short run, rather than with mitigating climate change, and will enact less stringent measures than they would in a top-down approach.

At COP16 in Cancun, the Parties agreed to a maximum temperature rise of 2 degrees Celsius (UNFCCC Cancun). Actions implemented by countries should be dedicated to controlling emissions to a point that would prevent temperatures from increasing more than that. To counteract subpar ambition in mitigation actions, Bodansky says, a legal agreement could be created stating that national targets and actions need to be judged by a panel of international experts both ex ante and ex post to make sure actions that are taken will be able to keep warming at or below the agreed upon 2 degrees Celsius limit (Bodansky 9). This might be a little harder to implement in an agreement than in a pure bottom-up approach, but because the Parties have already agreed to keep warming below 2 degrees Celsius, it is much more likely for them to agree to this than, say, expanding agreements under the Kyoto Protocol, in which countries have already expressed disinterest in (Ministry).

On October 1, 2014, David Victor and Charles Kennel, in the journal Nature, argued that the 2 degrees Celsius limit should be ditched in favor of testing conditions such as CO2 concentration in the atmosphere, ocean heat content and temperature in the Polar Regions to track the stress humans are putting on the environment (Victor). They argue that these measurements are better indicators of human stresses on the environment than the global average temperature. While this may be true, the fact that world leaders have accepted 2 degrees Celsius as the highest acceptable amount of warming is a huge step, and must be taken into account in the ADP’s proposed second commitment agreement. To try and change this will slow international climate negotiations down significantly. But, moving forward from this 2nd commitment period, it might be possible to have Parties accept different indicators of global warming in the future. As Bodansky states, strong participation with less effectiveness can lead to strong participation and more effectiveness in the future, while less participation and more effectiveness might be held back by the fact that narrow participation can lead to carbon leakage and competitiveness concerns. (Bodansky 2). If a legal agreement can be forged that allows states to choose individual emission-reduction techniques and targets, but is able to make sure they are strong enough to meet the 2 degrees Celsius limit that has already been agreed upon, it might be possible to have strong participation with moderately strong effectiveness, and such effectiveness may only get stronger in the future.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Works Cited

Bodansky, Daniel. The Durban Platform: Issues and Options for a 2015 Agreement. Publication. Arlington, Va: Center for Climate and Energy Solutions, 2012. Print.

Ministry of Foreign Affairs of Japan. Foreign Policy. Japan’s Position Regarding the Kyoto Protocol. MOFA. Ministry of Foreign Affairs of Japan, Dec. 2010. Web. 8 Oct. 2014.

UNFCCC. “Ad Hoc Working Group on the Durban Platform for Enhanced Action.” Ad Hoc Working Group on the Durban Platform for Enhanced Action. UNFCCC, 2014. Web. 08 Oct. 2014.

UNFCCC. “Cancun Climate Change Conference – November 2010.” Cancun Climate Change Conference – November 2010. UNFCCC, 2014. Web. 08 Oct. 2014.

UNFCCC. “Kyoto Protocol.” Kyoto Protocol. UNFCCC, 2014. Web. 05 Oct. 2014.

Victor, David G., and Charles F. Kennel. “Climate Policy: Ditch the 2 °C Warming Goal.” Nature.com. Nature Publishing Group, 1 Oct. 2014. Web. 08 Oct. 2014.

COP21 calls for Momentous Mixin’

By Elizabeth Plascencia

A chart modeling past and projected climate meeting participation (Photo: Till Neeff, Elsevier, ES & P)
A chart modeling past and projected climate meeting participation (Photo: Till Neeff, Elsevier, ES & P)

A match was lit at COP17 in Durban, South Africa. The supplementary body known as the Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP) was established that December. The inclusive nature of this platform is proposed to ignite change at COP21 in Paris. The mandate of the ADP calls to “…develop a protocol, another legal instrument or an agreed outcome with legal force under the Convention applicable to all Parties, which is to be completed no later than 2015 in order for it to be adopted at the twenty-first session of the Conference of the Parties (COP) and for it to come into effect and be implemented by 2020” (UNFCCC, 2014). “Bottom-up” and “top-down” are two predominant approaches to climate change policy within the two decades of the work under the Convention. This seemingly urgent call of action as per the ADP requires a symbiotic relationship between the two. A “mixed-track” approach is better suited to achieving the post-2020 goals of the Ad Hoc Working Group on the Durban Platform on Enhanced Action under the balanced dimensions of stringency, compliance, and participation for all Parties.

The international climate regime exhibits both approaches working well independently to a certain extent. Therefore it is proposed that a combination of the two will facilitate a more efficient and effective global combat on climate change by 2020. Within the article The Durban Platform: Issues and Options for a 2015 Agreement, Bodansky clarifies the range of confounding variables to international agreements, historic context relating to the Convention, and options to possible Durban outcomes. I initially gravitated towards the “bottom-up” approach as better suited on the basis of personal optimism regarding local grass-roots movements and voluntary national programs. Upon reading the article I soon realized that there are hard to ignore pros to the “top-down” method and that solely voluntary programs do little when brought in a global context. I found that the policy informs and enforces to a further extent in which “International law can serve a number of catalytic and facilitative functions. Gathering such as the annual meeting of the UNFCCC Conference of the Parties can focus attention, help raise public concern, and prod states to do more” (Bodansky, 2012). Legal agreements, legislation, and recommendations remain crucial in terms of maintaining stringency. However, it is important to be mindful of all Parties’ capacity in order to balance compliance and participation.

Working towards the cooperation of 195 countries with distinct agendas and interests may seem like a nearly impossible task but in order to achieve equitable, efficient, and effective international policy a new approach must be considered. A “mixed-track” combining both “top-down” and “bottom-up” approaches is better suited to achieving the post-2020 goals of the Ad Hoc Working Group on the Durban Platform on Enhanced Action under the balanced dimensions of stringency, compliance, and participation for all Parties.

***Check out this article about projections for COP21 in Paris next year: http://www.usatoday.com/story/tech/columnist/vergano/2013/05/11/climate-paris/2149167/

Works Cited

Bodansky, Daniel. “The Durban Platform: Issues and Options for a 2015 Agreement” Center for Climate and Energy Solutions. 2012

UNFCCC – Ad Hoc Working Group on the Durban Platform for Enhanced Action. “What is ADP?” http://unfccc.int/bodies/body/6645.php. 2014

UNFCCC – Draft Decision “Establishment of an Ad Hoc Working Group on the Durban Platform for Enhanced Action” https://unfccc.int/files/meetings/durban_nov_2011/decisions/application/pdf/cop17_durbanplatform.pdf. 2014

The Best of Both Worlds for 2015

eiffel tower paris

After negotiations floundered at COP15 in Copenhagen to produce a broad-based and aggressive agreement to succeed the Kyoto Protocol, the Durban Platform was created to direct and motivate such an agreement for COP21 in Paris next year. It called for an “agreed outcome with legal force” that falls within the UNFCCC’s framework and principles. David Bodansky stated that, in order for an international agreement to succeed, it has to include three criteria (stringency, participation, and compliance), and outlined possible approaches that could stem from the work of the Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP), either a top-down or bottom-up approach. From the information and framings provided by Bodansky, neither option is adequate as a viable solution by itself; rather, a mixed-track approach, which hybridizes both aforementioned approaches, would maximize the criteria and would provide a solid foundation for an international agreement to take effect after 2020.

The top-down approach, which could be seen as a continuation and expansion of what was seen in the Kyoto Protocol, places the main focus of climate governance and negotiations upon the international regime of the UNFCCC and other such institutions. These negotiations would focus upon an overarching emissions reductions target and how to delegate it among the Parties, and would present a take-it-or-leave-it type of agreement; nations would have to agree to the agreement as a whole, and would be legally bound to it and the prescribed actions within it. This, however, scares many nations within the UNFCCC, especially those key to any effective agreement (e.g. the United States, China, India, etc.) and could either jeopardize participation because it’s too stringent or stringency because countries would only sign on to an agreement that was not as aggressive as it could have and/or should have been. While it has produced success in the Kyoto Protocol, there are also hindrances inherently built into the approach that limit its effectiveness.

On the other hand, the Cancun architecture was born in response to the top-down approach taken with the Kyoto Protocol and advocated a bottom-up approach that placed national governments as the vanguards against the effects of climate change. Rather than having the international regime dictate what each country must do, this alternative approach empowers each nation to decide their best way to individually take action in mitigation and adaptation, which builds national buy-in and ownership of the country’s efforts. However, this produces an incentive for a nation to understate their capacity to mitigate/adapt or produce conservative and non-aggressive targets, thus imperiling the ultimate purpose of the UNFCCC to stem warming to two degrees Celsius.

As explained above, both approaches have their strengths and weaknesses, but neither fully maximizes the three criteria that are key to a successful international agreement. Together, however, a viable middle ground could be reached that synthesizes the strengths of both approaches and that fulfills the stringency, participation, and compliance criteria. The bottom-up portion of a mixed-track approach allows countries to make commitments in areas that are both most effective and within its capacity to achieve, producing what Bodansky called a “variable geometry.” It provides enough freedom in action that each nation may find and take the course of action that works best for them, without imposing a one-size-fits-all solution that is unrealistic and incongruent with the political, economic, and developmental realities of a particular nation. Also, it satisfies the voluntary “pledge and renew” actions most nations are now interested in, as flexibility is the new mantra, so to say, of climate negotiations post-Kyoto; participation would be maximized with these types of actions rather than legally-binding commitments because most nations are not willing to take that step, as seen in the Kyoto Protocol. Within this flexible structure, the top-down portion provides enough incentive and enforcement/oversight to motivate aggressive and directed action, essential if the UNFCCC is going to keep warming below the two degree target. Through oversight and recommendations, the international regime can make sure that nations aren’t shirking their “common but differentiated responsibilities” while still motivating each nation to find the best solution that fits within that responsibility and capacity.

An aggressive and broad-based agreement is absolutely essential in order to meet the two degree target set by the UNFCCC at its conception in 1992. The best way to achieve this is not through a single mechanism or approach, or through a small group of nations; a wide array of options and avenues for action is necessary in order to gain the participation of a wide base of countries. Finding the colloquial sweet spot where an agreement is stringent enough to be effective at taking action and meeting the two degree target but not too stringent that there is insufficient participation. Therein lies the challenge for the UNFCCC and its individual member-states, but, with the best of both worlds, success is within our grasp.

 

David Bodansky, “The Durban Platform: Issues and Options for a 2015 Agreement,” Center for Climate and Energy Solutions (2012): 1-11.

“Preamble,” United Nations Framework Convention on Climate Change, accessed October 7th, 2014.  http://unfccc.int/essential_background/convention/background/items/1353.php.