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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