The
Framework Convention on Climate Change
(FCCC) will be holding its Seventh Session
of the Conference of the Parties (COP)
from October 29th through November 9th
in Marrakech, Morocco. COPs are significant
events in the evolution of an international
agreement in that the work carried out
by governmental representatives receives
political approval between sessions.
This notwithstanding, some sessions of
the COP are billed as more important
than others. If one were to consider
only the FCCC, it is clear that only
three of the six held so far - COP1,
where the Berlin Mandate was adopted,
and COP3, where the Kyoto Protocol was
adopted, and the "marathonish" COP6,
where political agreement was reached
on the "rule book" for the
implementation of the Kyoto Protocol
- stand out.
Clearly
success at these sessions is largely due to the work
carried out by the parties prior to these sessions.
Each of the six COPs, therefore, played its due part
in contributing to the evolution and further strengthening
of the climate regime. What then is the significance
of COP7? Is it one of those signature sessions with
the attention of the world community focused on it
or one of those behind-the-scenes, largely ignored
or seldom reported events?
There are those who believe that COP6 accomplished
what is necessary for the industrialized country
Parties to begin the ratification process in
their national capitals and that there is enough
support amongst them to bring the Kyoto Protocol
into force. The Protocol will enter into force
when it receives 55 ratifications that constitute
amongst them industrialized countries with 55
percent of greenhouse gas emissions in 1990.
The first condition is easier to meet. Already
the Protocol received forty ratifications and
the European Union comprising fifteen countries
indicated that it is beginning its ratification
process. The second condition is the more difficult
since the U.S. emissions in 1990 account for
37 percent of all industrialized country emissions.
In the absence of the United States (which barring
a major policy shift will continue to maintain
that the Protocol is fatally flawed and continue
with its opposition to it), this condition can
only be met if just about all of the industrialized
countries to ratify the Protocol. There may also
be those who think that COP7 is important but
are concerned about traveling after the recent
terrorist attacks on the United States and the
current U.S.-led campaign against terrorism.
Whether it is complacency or fear, the result
of non-attendance in Marrakech is the same: the
important work that needs to be carried out will
suffer. The consequences will not only affect
the implementation of the Kyoto Protocol but
also influence the international environmental
movement engaged in the preparations for the
World Summit on Sustainable Development (WSSD)
scheduled for Johannesburg in September 2002.
In short, there are two issues. One is whether
COP6 has done what is needed for the entry into
force of the Kyoto Protocol. The second is the
link between development of a successful climate
regime and a successful WSSD.
Let's take the second question first. Ever since
the United Nations General Assembly decided to
launch negotiations for the adoption of an FCCC
in 1990, the climate issue has grabbed the world's
attention like no other environmental issue (in
large part because it is not just an environmental
issue). The host country of the Earth Summit,
Brazil, repeatedly stressed the importance of
adopting the FCCC at the 1992 Conference almost
to the exclusion of all else. Developments around
the world since then only have confirmed the
importance of the topic by the prominence given
to it in various meetings of Heads of State and
Governments. The complexity of the subject matter
brought about certain alliances hitherto alien
to intergovernmental negotiations, both within
industrialized and developing countries and among
intergovernmental and nongovernmental organizations.
Also, given the contentious negotiations that
have characterized this issue and the prominence
given to it by world leaders, the media and civil
society, this topic ranks very high in determining
whether the current international state system
can adequately cope with a topic of this magnitude.
The FCCC and its Kyoto Protocol are at once
agreements for safeguarding the Earth from climate
change as well as helping nations meet their
goal of attaining sustainable development. Thus
the economic component of these agreements is
as strong as the environmental component. Also,
action is needed not just by the governments,
but by the private sector as well as people everywhere.
The reach of these agreements is such, at least
one commentator felt, that outside of trade agreements
this issue would be an ideal target for protests
by the anti-globalization movement!
When one looks
at the preparations for the WSSD, one is struck
by how different they seem in comparison
with those for either the Stockholm Conference
on Human Environment in 1972 or the Rio Earth
Summit of 1992. If the goal of the world community
is to move from strength to strength in dealing
with global environmental problems and effectively
linking them with sustainable development concerns,
it is vital that there be a lot more enthusiasm
and hope for the WSSD. It is hard to come up
with a new recipe that would, in the time remaining,
make WSSD all that it could be for the world
and its environment. But one can say with confidence
that if the world were to falter in dealing effectively
with climate change (by failing to bring the
Kyoto Protocol into force by the time of the
Summit), the repercussions on the Summit would
be quite damaging indeed. It is hard to imagine
a "successful" outcome at WSSD without
sufficient excitement built around the implementation
of the Kyoto Protocol amongst all the various
sectors of society.
This then brings
us to what needs to be done during COP7 to
ensure that governments can go
ahead with domestic measures to bring the Kyoto
Protocol into force. While much progress has
been made in reaching a political agreement on
several issues, Parties in Marrakech will have
to agree to, and adopt legal language on, just
about everything that was agreed to in Bonn.
The "package" that will have to be
adopted in Marrakech contains not only decisions
on the Protocol - viz., sinks, mechanisms, and
compliance -where political agreement was reached
in Bonn, but also decisions on policies and measures
and reporting and review, where a substantial
amount of work needs to be done. The decisions
on reporting and review, largely left to be dealt
with in Marrakech have vital implications for
the world community to keep track of implementation
measures carried out under the climate regime
at the national level.
If the contentiousness
evidenced in the final hours of Bonn is any
indication, adoption of
the package in Marrakech, where the decisions
are presented in legal language for the first
time, will be a formidable challenge. One of
the unknowns is how the U.S. delegation might
react to many of these proposals. Even though
the Bush administration considers the Kyoto Protocol "fatally
flawed," it has maintained so far that it
will not "actively" come in the way
of Parties making progress on the Kyoto Protocol.
But it has maintained that to the extent its
perceived interests, as defined by it, are at
stake, it will aggressively pursue them. Other
wrinkles include how the private sector and the
environmental community, which, while not formally
responsible for determining the outcome, will
have significant influence in implementing the
Kyoto Protocol, view the ultimate package.
The International
Chamber of Commerce responded cautiously to
the political decisions reached
in Bonn in July. It noted that progress was made
on some issues, largely to do with the mechanisms,
but felt that additional detail is needed for
businesses to make "expedient investment
decisions." They call for a "detailed
and realistic compliance regime where enforcement
and liability are well defined." The environmental
community, joined by the EU, has maintained throughout
the negotiations that the ecological integrity
of the Protocol be preserved. Even though these
groups relented in Bonn to some extent, it is
unlikely that they could be pushed too much further
in the name of a successful conclusion at any
cost.
All this is not to suggest that Marrakech is
likely to be as cumbersome and politically wrenching
as the COP6 meetings in The Hague and Bonn. A
lot of work has been carried out in these conferences
and outside. This can be built upon for a successful
outcome in Marrakech, finalizing the outstanding
details for the entry into force of the Kyoto
Protocol and providing the needed boost to the
World Summit on Sustainable Development. The
prospect is good, but this is no time for complacency.
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