A Challenge for the 2015 Paris Climate Agreement

At the recent climate negotiations at the 20th Conference of the Parties (COP-20) of the United Nations Framework Convention on Climate Change (UNFCCC) in Lima, Peru, a very important issue was left on the table, unresolved: Will the 2015 Paris Agreement (scheduled to be signed in December of this year at COP-21) facilitate – or at least avoid inhibiting – international linkage of national (and for that matter, sub-national) climate policies?

Brief History

In the Durban Platform for Enhanced Action, adopted by COP-17 in 2011, negotiators agreed to develop a new legal instrument “under the Convention applicable to all Parties,” for adoption at COP-21 in December, 2015, in Paris. With the Lima talks now behind us, it appears that the 2015 agreement will reflect a hybrid climate policy architecture—one that combines top-down elements, such as for monitoring, reporting, and verification, with bottom-up elements, including “Intended Nationally Determined Contributions” (INDCs), describing what a country intends to do to reduce emissions, based on domestic political feasibility and other factors. (I wrote about this in Assessing the Outcome of the Lima Climate Talks, posted on December 14, 2014.)

Can the Aggregation of INDCs be Cost-Effective?

A major question facing negotiators is how can the new hybrid policy architecture encourage greater ambition, while remaining true to the principle of “common but differentiated responsibilities.” A key answer to that question is to allow for the linkage of heterogeneous national policy instruments. Why do I say that?

Here’s the reason. An attribute of the Paris architecture that will encourage greater ambition over time is cost-effectiveness. (Another key attribute to encourage greater ambition is comparability of INDCs, a topic on which we’re also working at the Harvard Project on Climate Agreements, about which I will write in the future.) To enhance the cost-effectiveness of the new system, a key feature will be linkages among regional, national, and sub-national climate policies. By linkage, I mean formal recognition by a greenhouse gas (GHG) mitigation program in one jurisdiction (a regional, national, or sub-national government) of emission reductions undertaken in another jurisdiction for purposes of complying with the first jurisdiction’s mitigation program.

Linkage can be straightforward, as with the bilateral recognition of allowances under two cap-and-trade regimes, but – importantly — linkage can also take place among a heterogeneous set of policy instruments, such as between systems of performance standards, carbon taxes, and cap-and-trade.

Linkage in the Paris 2015 Agreement

In a new paper that was released by the Harvard Project on Climate Agreements at a packed “side event” in Lima, my co-authors – Daniel Bodansky of Arizona State University, Seth Hoedl of Harvard Law School, and Gilbert Metcalf of Tufts University – and I analyze theoretical issues relating to linkage among heterogeneous climate policy instruments and apply this analysis concretely to the 2015 Paris agreement. In “Facilitating Linkage of Heterogeneous Regional, National, and Sub-National Climate Policies Through a Future International Agreement,” we examine how the agreement can help facilitate the growth and operation of a robust system of international linkages of regional, national, and sub-national policies, as well as how inappropriate or excessive rules could obstruct effective, bottom-up linkage. Importantly, both economic and legal perspectives are represented in this research (which was supported by the International Emissions Trading Association (IETA) and six of its member companies: Chevron, GDF-Suez, Global CCS Institute, Rio Tinto, Shell, and TransCanada)

Key Findings from Research

I encourage you to take a look at the full paper or, at least, its executive summary, but here – in very brief form — are the key findings.

First, there are a number of design elements the 2015 agreement should avoid, because they would inhibit linkage. These include “supplementarity requirements” that require parties to accomplish all or most of their emissions-reduction commitments within their national borders. The 2015 agreement also should avoid including detailed linkage rules in the core agreement; an agreement with more flexibility would allow rules to evolve on the basis of experience.

Second, to advance linkage, the 2015 agreement should: define key terms, in particular the units that are used for compliance purposes; establish registries and tracking mechanisms; and include default or model rules, from which nations are free to deviate at their discretion.

The most valuable outcome of the Paris Agreement regarding linkage may simply be including an explicit statement that parties may transfer portions of their emissions-reduction contributions to other parties—and that these transferred units may be used by the transferees to implement their own commitments.

It sounds simple, but a small but vocal set of (largely socialist) countries – including Bolivia, Venezuela, and Cuba – have vehemently opposed in the climate negotiations anything that looks remotely like a market, and will try hard to prevent such provisions from appearing in the 2015 agreement.

Next Steps

As the negotiating teams from 195 countries prepare to meet this month in Geneva, Switzerland, and in June in Bonn, Germany, the question remains of whether the 2015 Paris Climate Agreement will allow for and indeed facilitate international linkage of national and sub-national policies, and thereby encourage cost-effectiveness and greater environmental ambition. Over the next several months, the answer to this question will become clear.

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Assessing the Outcome of the Lima Climate Talks

In the early morning hours of Sunday, December 14th, the Twentieth Conference of the Parties (COP-20) of the United Nations Framework Convention on Climate Change (UNFCCC) concluded in Lima, Peru with an agreement among 195 countries, the “Lima Call for Climate Action,” which represents both a classic compromise between the rich and poor countries, and a something of a breakthrough after twenty years of difficult climate negotiations.

Just before two o’clock in the morning, the President of COP-20, Manuel Pulgar Vidal, Peru’s Minister of Environment, gaveled the approval of the text, without dissent. At that moment, the foundation was established for the next major international climate agreement, which – under the auspices of the Durban Platform for Enhanced Action – will be finalized and signed one year from now at COP-21 in Paris, France, for implementation in 2020.

After five days on the ground in Lima, where I participated in a variety of events and met with a diverse set of national negotiating teams, I’ve reviewed the agreed text of the Lima Call for Climate Action (which I abbreviate below as the “Lima decision”), and can now reflect on its gestation, its meaning, and its implications.

The Lima Call for Climate Action

By establishing a new structure in which all countries will state (over the next six months) their contributions to emissions mitigation, this latest climate accord moves the process in a productive direction in which all nations will contribute to the reduction of greenhouse gas emissions.

Working to fulfill the promise made in the 2011 Durban Platform for Enhanced Action to include all parties (countries) under a common legal framework, the Lima decision constitutes a significant departure from the past two decades of international climate policy, which – since the 1995 Berlin Mandate and the 1997 Kyoto Protocol – have featured coverage of only a small subset of countries, namely the so-called Annex I countries (more or less the industrialized nations, as of twenty years ago).

The expanded geographic scope of the Lima Call for Climate Action and thereby the incipient Paris agreement – and the emerging architecture of a pragmatic hybrid combining bottom-up “Intended Nationally Determined Contributions” (INDCs) with top-down elements for reporting and synthesis of contributions by the UNFCCC Secretariat – represents the best promise in many years of a future international climate agreement that is truly meaningful.

Importantly, the Lima decision provides that each country’s INDC shall include a clear statement of emissions mitigation, and may include quantifiable information on reference points (such as base year), time frame of implementation and coverage, assumptions and methodological approaches for estimating and accounting for greenhouse gas emissions, as well as each country’s own assessment of its INDC’s fairness and ambition.  These statements of national contributions are to be submitted by the end of March, 2015, although countries that miss that “deadline” can then make their submissions by June.

Compromises, Compromises

Because of the ongoing sharp divide in climate talks between developed and developing countries, the Lima decision was difficult to accomplish and could only be achieved through compromises that had the effect of watering down various aspects of the accord.  This suggests that the road to Paris may be difficult for the negotiators.

The substitution of the phrase “may include” for “shall include” in regard to the elements of the INDCs was one of the compromises that was necessary to gain the approval of developing countries. So, the U.S.-favored requirement for the use of transparent elements in INDCs that would facilitate comparisons among countries was dropped.

However, at least one negotiating team with whom I met in Lima maintained that the analyses and comparisons of INDCs that will inevitably be carried out by various NGOs and research organizations (including universities) will provide the needed transparency and therefore the needed encouragement to countries for greater ambition.

A review period for the INDCs, favored by the countries most vulnerable to climate change (sub-Saharan Africa and the small island states), was also scrapped. Instead, a synthesis report will be prepared by the UNFCCC Secretariat by November 1st, 2015 (based on INDCs submitted by October 1st).

The Key Roles Played by China and the United States

Throughout the time I was in Lima, it was clear that the joint announcement on November 12th of national targets by China and the United States (under the future Paris agreement) provided necessary encouragement to negotiations that were continuously threatened by the usual developed-developing world political divide.

The delegates from the vast majority of countries were well aware of the fact that the announced China-USA INDCs move the world from the 14% of global CO2 emissions covered by nations participating (a subset of the Annex I countries) in the Kyoto Protocol’s current commitment period to a future Paris agreement that now covers more than 50% of global CO2 emissions, with Europe already on board.

Under the decision text of the Lima Call for Climate Action, within the next six months the other industrialized countries will announce their own contributions, and — more importantly – so will the other large, emerging economies – India, Brazil, Korea, South Africa, Mexico, and Indonesia. Coverage of 80% to 90% of global emissions can be anticipated, although major questions remain regarding what can be expected from some key countries, including India, Russia, and Australia.

Broad, Then Deep

In a 1998 book, edited by Bill Nordhaus (Economics and Policy Issues in Climate Change), Dick Schmalensee wrote about “Greenhouse Policy Architectures and Institutions,” and lamented that the Kyoto Protocol exhibited narrow scope (covering only the Annex I countries) but aggressive ambition for that small set of nations. He presciently noted that this was precisely the opposite of what would be a sensible way forward, namely broad participation, even if the initial ambition is less. Based on the 2011 Durban Platform and the 2014 Lima Call for Climate Action, it now appears that with the 2015 Paris Agreement that approach is finally being adopted.

As I predicted in my previous essay at this blog, in which I previewed the COP-20 talks, the Lima decision will surely disappoint some environmental activists. Indeed, there have already been pronouncements of failure of the Lima/Paris talks from some green groups, primarily because the talks have not and will not lead to an immediate decrease in emissions and will not prevent atmospheric temperatures from rising by more than 2 degrees Celsius (3.6 degrees Fahrenheit), which has become an accepted, but essentially unachievable political goal.

As I said in my previous essay, these well-intentioned advocates mistakenly focus on the short-term change in emissions among participating countries (for example, the much-heralded 5.2% cut by the Annex I countries in the Kyoto Protocol’s first commitment period), when it is the long-term change in global emissions that matters.

They ignore the geographic scope of participation, and do not recognize that — given the stock nature of the problem — what is most important is long-term action.  Each agreement is no more than one step to be followed by others.  And most important now for ultimate success later is a sound foundation, which is what the Lima decision can provide.

Major Challenges Along the Road to Paris

The major sticking points from now until the Paris talks, where it is hoped that the new post-2020 agreement will be signed, are all associated with the divide between rich and poor nations.

The ongoing talks will need to satisfy the interests of both the rich and the poor countries in regard to finance mechanisms, including the realization of the $100 billion commitment that was made in Copenhagen.

Also, looming in the wings is the loss and damage mechanism created in the Warsaw talks last year to help the most vulnerable nations cope with the effects of climate change.  Island nations want that mechanism to become another stream of funding from the rich countries, but the rich countries are concerned that the mechanism might lead to some notion of legal liability (and thereby a blank check).  The loss and damage concept was reiterated (but not expanded) in the Lima decision.

These and other pending issues mean that the upcoming talks in 2015 in Geneva and Bonn, prior to the December 2015 Paris Conference, will continue to require difficult negotiations across the divide between rich and poor countries.

Difficult indeed.  Whereas the agreed decision text from Lima (the “Lima Call for Climate Action”) is less than four pages in length, the Annex (“Elements for a Draft Negotiating Text”) of additional options for the Paris Agreement extends to more than 37 pages!

The Bottom Line

Although it is true that the Lima decision text was watered down in the last 30 hours (as a result of very effective opposition by developing countries), the fact remains that a new way forward has been established in which all countries participate and which therefore holds promise of meaningful global action to address the threat of climate change.  So, despite all the acrimony among parties and the 30-hour delay in completing the talks, the negotiations in Lima these past two weeks may turn out to be a key step along the way.

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What to Expect at COP-20 in Lima

On Monday, December 1st, the Twentieth Conference of the Parties (COP-20) of the United Nations Framework Convention on Climate Change (UNFCCC) commences in Lima, Peru. Over the next two weeks, delegations from 195 countries will discuss and debate the next major international climate agreement, which – under the auspices of the Durban Platform for Enhanced Action – is to be finalized and signed one year from now at COP-21 in Paris, France.

What to Expect in Lima

Because of the promise made in the Durban Platform to include all parties (countries) under a common legal framework, this is a significant departure from the past two decades of international climate policy, which – since the 1995 Berlin Mandate and the 1997 Kyoto Protocol – have featured coverage of only a small subset of countries, namely the so-called Annex I countries (more or less the industrialized nations, as of twenty years ago).

The expanded geographic scope of the incipient Paris agreement – combined with its emerging architecture in the form of a pragmatic hybrid of bottom-up nationally determined contributions (NDCs) plus top-down elements for monitoring, reporting, verification, and comparison of contributions – represents the greatest promise in many years of a future international climate agreement that is truly meaningful.

A Diplomatic Breakthrough:  The Key Role of the China-USA Announcement

If that confluence of policy developments offers the promise, then it is fair to say that the recent joint announcement of national targets by China and the United States (under the future Paris agreement) represents the beginning of the realization of that promise. From the 14% of global CO2 emissions covered by nations participating (a subset of the Annex I countries) in the Kyoto Protocol’s current commitment period, the future Paris agreement with the announced China and USA NDCs covers more than 40% of global CO2 emissions. With Europe, already on board, the total amounts to more than 50% of emissions.

It will not be long before the other industrialized countries announce their own contributions – some quite possibly in Lima over the next two weeks. More importantly, the pressure is now on the other large, emerging economies – India, Brazil, Korea, South Africa, Mexico, and Indonesia – to step up. Some (Brazil, Korea, Mexico?) may well announce their contributions in Lima, but all countries are due to announce their NDCs by the end of the first quarter of 2015.

The announced China-USA quantitative contributions are themselves significant. For China, capping its emissions by 2030 (at the latest) plus increasing its non-fossil energy generation to 20% by the same year will require very aggressive measures, according to a recent MIT analysis. For the USA, cutting its emissions by 26-28% below the 2005 level by 2025 means doubling the pace of cuts under the country’s previous international commitment.

Thus, the China-USA announcement begins the fulfillment of the promise of the Durban Platform. A sufficient foundation is being established for meaningful future steps, and thereby the likelihood of a successful outcome in Paris has been greatly increased.  The talks in Lima over the next two weeks will produce at least a rough draft of the the Paris agreement, which can then be elaborated and finalized over the coming year, and signed (with abundant photo opportunities for heads of state) in Paris in December, 2015.

Keeping Our Eyes on the Prize

There will be — indeed, already have been — pronouncements of failure of the Lima/Paris talks from some green groups, primarily because the talks will not lead to an immediate decrease in emissions and will not prevent atmospheric temperatures from rising by more than 2 degrees Celsius (3.6 degrees Fahrenheit), which has become an accepted, but essentially unachievable political goal. These well-intentioned advocates mistakenly focus on the short-term change in emissions among participating countries (for example, the much-heralded 5.2% cut by the Annex I countries in the Kyoto Protocol’s first commitment period), when it is the long-term change in global emissions that matters.

In other words, they ignore the geographic scope of participation, and do not recognize that — given the stock nature of the problem — what is most important is long-term action.  Each agreement is no more than one step to be followed by others.  And most important now for ultimate success later is a sound foundation, which is precisely what may finally be provided by the China-USA announced contributions under the Durban Platform structure of a hybrid international policy architecture.

All in all, this may turn out to be among the most important moments in two decades of international climate negotiations. And this means – at a minimum – that the next two weeks in Lima should be very interesting indeed.

Upcoming Events at COP-20 in Lima

As with previous Conferences of the Parties, we – the Harvard Environmental Economics Program and the Harvard Project on Climate Agreements (HPCA) – will be at the Lima talks for their second week, December 7-12. We will be participating in a number of events, and will be holding bilateral meetings with key national delegations.

In all cases, our contributions to the discussions will draw on our compendium of knowledge from our 70 research initiatives in Argentina, Australia, China, Europe, India, Japan, and the United States. Our purpose continues to be to help identify and advance scientifically sound, economically sensible, and politically pragmatic policy options for addressing global climate change.

For those of you who will be in Lima (as well as the rest of you), here is the schedule of COP-20 events that are co-sponsored by HPCA or in which I am participating as HPCA Director. It is going to be a very busy week, but I will try to blog – or at least tweet – about these events and other developments. After I return from Lima, I will follow up with an assessment.

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Monday, December 8, 4:45 – 6:15 pm, Room: Machu Picchu

Sponsors: Harvard Project on Climate Agreements, Centre for European Economic Research (ZEW), and Enel Foundation

“Implications of the energy-efficiency gap for reducing greenhouse-gas emissions”

The discussion will be based on our Duke-Harvard research project (sponsored by the Alfred P. Sloan Foundation) on the “energy-efficiency gap”—the apparent difference between predicted and measured rates of adoption of energy-efficiency technology. Panelists will explore the implications of this gap for climate-change mitigation.

Speakers:

Daniele Agostini, Head of Low Carbon Policies and Carbon Regulation, Enel Group

Andreas Löschel, Chair of Microeconomics, and Energy and Resource Economics, University of Münster, and Research Associate, ZEW

Richard Newell, Gendell Professor of Energy and Environmental Economics, Nicholas School of the Environment, Duke University, and Director, Duke University Energy Initiative

Robert Stavins, Director, Harvard Project on Climate Agreements and Albert Pratt Professor of Business and Government, Harvard Kennedy School

Jesus Tamayo Pacheco, President of the Supervisory Body for investment in energy and mines of Peru

See also background paperhttp://belfercenter.ksg.harvard.edu/publication/24749

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Tuesday, December 9, 12:00 – 2:00 pm, China Pavilion

Sponsors: National Center for Climate Change Strategy and International Cooperation (NCSC), National Development and Reform Commission (NDRC), People’s Republic of China

“International Cooperation: Towards the 2015 Agreement –A perspective from international think tanks”

This event aims at exchanging ideas from various international think tanks on the design of the 2015 Agreement with consideration of interaction and cooperation of parties on bilateral and multilateral basis, with a view to provide for inputs to the debates of the negotiation of the 2015 Agreement.

Speakers:

H.E. Minister Xie Zhenhua, Head of Chinese Delegation to COP-20 and Vice Chairman, NDRC

Li Junfeng, Director General, NCSC

Zou Ji, Deputy Director, NCSC

Robert Stavins, Director, Harvard Project on Climate Agreements

Du Xiangwan, Former Vice President, Chinese Academy of Engineering

Martin Kohl, President, South Center

Jennifer Morgan, Global Director of Climate Program, World Resources Institute

Teresa Ribera, President, Institute for Sustainable Development and International Relations

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Tuesday, December 9, 4:30 – 6:10 pm, International Emissions Trading Association (IETA) Pavilion

“What Role will Markets Play in the 2015 Climate Agreement? How can the Agreement Facilitate Linkage of Carbon Pricing Policies?”

Speakers:

Dirk Forrister, President & CEO, IETA

Robert Stavins, Director, Harvard Project on Climate Agreements

David Hone, Chief Climate Change Adviser, Shell Research

Anna Lindstedt, Ambassador for Climate Change, Government of Sweden

Mary Nichols, Chair, California Air Resources Board

Amber Rudd, Parliamentary Under Secretary of State, Department of Energy and Climate Change, Government of the United Kingdom

See also background paperhttp://belfercenter.ksg.harvard.edu/publication/24568

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Thursday, December 11, 11:30 am – 1:00 pm, Room: Caral

Sponsors: International Emissions Trading Association, Arizona State University, Harvard Project on Climate Agreements

“Linkage among climate policies in the 2015 Paris agreement”

Panelists will discuss how the Paris agreement might facilitate or impede linkage among cap-and-trade, carbon tax, and non-market regulatory systems. Panelists will also address related issues involving market mechanisms in the new agreement.

Speakers:

Daniel Bodansky, Foundation Professor of Law, Sandra Day O’Connor College of Law, Arizona State University

Dirk Forrister, President & CEO, IETA

Robert Stavins, Director, Harvard Project on Climate Agreements

Alexia Kelley, Senior Climate Change Advisor, U.S. Department of State

Nathaniel Keohane, Vice President for International Climate, Environmental Defense Fund

Ulrika Raab, Senior Advisor Climate Change, Swedish Energy Agency

See also background paperhttp://belfercenter.ksg.harvard.edu/publication/24568

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