Can the Durban Climate Negotiations Succeed?

Two weeks of international climate negotiations begin today in Durban, South Africa.  These are the Seventeenth Conference of the Parties (COP-17) of the United Nations Framework Convention on Climate Change (UNFCCC).  The key challenge at this point is to maintain the process of building a sound foundation for meaningful, long-term global action, not necessarily some notion of immediate, highly-visible triumph. In other words, the answer to the question of whether the Durban climate negotiations can succeed depends — not surprisingly — on how one defines “success.”

Let’s Place the Climate Negotiations in Perspective

Why do I say (repeatedly, year after year) that the best goal for the climate talks is to make progress on a sound foundation for meaningful, long-term global action, not some notion of immediate triumph?  The reason is that the often-stated cliche about the American baseball season — that it’s a marathon, not a sprint — applies even more so to international climate change policy.  Why?

First, the focus of scientists (and policy makers) should be on stabilizing concentrations at acceptable levels by 2050 and beyond, because it is the accumulated stock of greenhouse gas emissions — not the flow of emissions in any year — that are linked with climate consequences.

Second, the cost-effective path for stabilizing concentrations involves a gradual ramp-up in target severity, to avoid rendering large parts of the capital stock prematurely obsolete.

Third, massive technological change is the key to the needed transition from reliance on carbon-intensive fossil fuels to more climate-friendly energy sources.  Long-term price signals (most likely from government policies) will be needed to inspire such technological change.

Fourth and finally, the creation of long-lasting international institutions is central to addressing this global challenge.

For all of these reasons, international climate negotiations will be an ongoing process, not a single task with a clear end-point.  Indeed, we should not be surprised that they proceed much as international trade talks do, that is, with progress only over the long term, building institutions (the GATT, the WTO), yet moving forward in fits and starts, at times seeming to move backward, but with progress in the long term.

So, the bottom-line is that a sensible goal for the international negotiations in Durban is progress on a sound foundation for meaningful long-term action, not some notion of immediate “success.”  This does not mean that there should be anything other than a sense of urgency associated with the work at hand, because it is important.  But it does mean that we should keep our eyes on the prize.

How Can the Durban Negotiators Keep their Eyes on the Prize?

The keys to success — real, as opposed to symbolic success — in Durban depend upon four imperatives.

1.  Embrace Parallel Processes

The UNFCCC process must embrace the parallel processes that are carrying out multilateral discussions (and in some cases, negotiations) on climate change policy:  the Major Economies Forum or MEF (a multilateral venue for discussions – but not negotiations – outside of the UNFCCC, initiated under a different name by the George W. Bush administration in the United States, and continued under a new name by the Obama administration, for the purpose of bringing together the most important emitting countries for candid and constructive discussion and debate); the G20 (periodic meetings of the finance ministers – and sometimes heads of government – of the twenty largest economies in the world); and various other multilateral and bilateral organizations and discussions.

The previous leadership of the UNFCCC seemed to view the MEF, the G20, and most other non-UNFCCC forums as competition – indeed, as a threat.  Fortunately, the UNFCCC’s new leadership under Executive Secretary Christiana Figueres (appointed by UN Secretary-General Ban Ki-moon in May of 2010) has displayed a considerably more positive and pragmatic attitude toward these parallel processes.  That’s a positive sign.

2.  Consolidate Negotiation Tracks

There are now three major, parallel processes operative:  first, the UNFCCC’s KP track (negotiating national targets for a possible second commitment period – post-2012 – for the Kyoto Protocol); second, the LCA track (the UNFCCC’s negotiation track for Long-term Cooperative Action, that is, a future international agreement of undefined nature); and third, the Cancun Agreements from COP-16 a year ago (based upon the Copenhagen Accord, negotiated and noted at COP-15 in Copenhagen, Denmark, in December, 2009).  Consolidating these three tracks into two tracks (or better yet, one track) would be another significant step forward.

The primary way for this to happen would be for the LCA negotiations to focus on the ongoing work of putting more meat on the bones of the Cancun Agreements, which — along with the Copenhagen Accord — marked an important step forward by blurring for the first time (although not eliminating) the unproductive and utterly obsolete distinction in the Kyoto Protocol between Annex I and non-Annex I countries.  (Note that more than 50 non-Annex I countries have greater per capita income than the poorest of the Annex I countries.)

In particular, the UNFCCC principle of  “common but differentiated responsibilities” could be made meaningful through the dual principles that:  all countries recognize their historic emissions (read, the industrialized world); and all countries are responsible for their future emissions (think of the rapidly-growing, large, emerging economies of China, India, Brazil, Korea, Mexico, and South Africa).

As I’ve said before, this would represent a great leap beyond what has become the “QWERTY keyboard” (that is, unproductive path dependence) of international climate policy:  the distinction in the Kyoto Protocol between the small set of Annex I countries with quantitative targets, and the majority of countries in the world with no responsibilities.  A variety of policy architectures — including but not limited to the Cancun Agreements — could build on these dual principles and make them operational, beginning to bridge the massive political divide that exists between the industrialized and the developing world.

At the Harvard Project on Climate Agreements — a multi-national initiative with some 35 research projects in Australia, China, Europe, India, Japan, and the United States — we have developed a variety of architectural proposals that could make these dual principles operational.  (See, for example:  “Global Climate Policy Architecture and Political Feasibility: Specific Formulas and Emission Targets to Attain 460 PPM CO2 Concentrations” by Valentina Bosetti and Jeffrey Frankel; and “Three Key Elements of Post-2012 International Climate Policy Architecture” by Sheila M. Olmstead and Robert N. Stavins.)

3.  Make Progress on Narrow, Focused Agreements

A third area of success at the Durban negotiations could be realized by some productive steps with specific, narrow agreements, such as on REDD+ (Reduced Deforestation and Forest Degradation, plus enhancement of forest carbon stocks).  Other areas where talks are moving forward, although somewhat more slowly, are finance and technology, particularly in the context of adding meat to the bones of the Cancun Agreements.

4.  Maintain Sensible Expectations

Finally, it is important to go into these annual negotiations with sensible expectations and thereby effective plans.  As I said at the outset, negotiations in this domain are an ongoing process, not a single task with a clear end-point.  The most sensible goal for Durban is progress on a sound foundation for meaningful long-term action, not some notion of immediate triumph.  The key question is not what Durban accomplishes in the short-term, but whether it helps put the world in a better position five, ten, and twenty years from now in regard to an effective long-term path of action to address the threat of global climate change.

Wait, What About the Kyoto Protocol?

Those who follow these international negotiations closely — including my colleagues on the ground in Durban — are no doubt wondering why I haven’t said something about the 900-pound gorilla in the closet:  the fact that the Kyoto Protocol’s first (and so far only) commitment period runs from 2008 through 2012, and so a decision needs to be reached on a possible second (post-2012) commitment period for the Protocol.

Yes, in addition to the LCA (Cancun) track, the Kyoto Protocol (KP) track of negotiations remains.  A decision regarding a possible extension (and presumably an enhancement) of the Kyoto Protocol’s emission-reduction targets for the industrialized (Annex I) countries has been punted annually to the next set of negotiations — from Bali in 2007, to Poznan in 2008, to Copenhagen in 2009, to Cancun in 2010, and now to Durban in 2011.  It can’t be delayed any longer, because the necessary process of ratification by individual nations would itself take at least a year to complete.

Keeping the Kyoto Protocol going (and with more stringent targets for the Annex I countries) is very important to the non-Annex I countries, sometimes referred to — inaccurately — as the developing countries.  I don’t blame them.  An approach that provides benefits (reduced climate damages, as well as financial transfers) for the non-Annex I countries without their incurring any costs is surely an attractive route for those nations.

Is a Second Commitment Period for the Kyoto Protocol Feasible?

Putting aside the possible merits of a second commitment period for the Kyoto Protocol, we can ask simply whether it’s in the cards:  is it feasible?

Japan, Russia, and Canada have formally announced that they will not take up targets in a second commitment period.  Australia, despite its recent domestic climate policy action, seems unlikely to make a significant commitment.  Is Europe (plus New Zealand) on its own credible or feasible?  Maybe yes, maybe no.

The “yes” part of the answer comes from the fact that Europe has already committed itself to serious emissions reductions through the year 2020 under the European Union Emission Trading Scheme (EU ETS).  This will go forward — barring a change of heart by the EU — with or without a second commitment period for the Kyoto Protocol.  That said, Europe’s compliance costs under the EU ETS will be much less than otherwise if offsets continue to be made available from non-Annex I countries under the Kyoto Protocol’s Clean Development Mechanism (CDM).  This might suggest that the EU has a significant motivation to keep the Kyoto Protocol going.

But international law scholars — such as Professor Daniel Bodansky of Arizona State University‘s Sandra Day O’Connor College of Law — maintain that the Kyoto Protocol (and its CDM) continues as an institution of law whether or not a second commitment period is put in place.  Hence, it’s conceivable that the EU could have its cake and eat it too:  an ongoing Kyoto Protocol without a second commitment period.  And the political pressure on Brussels from the EU’s member states — and from European businesses — might make it difficult for the EU to sign up for a new series of commitments given the obvious absence in such an arrangement of the United States, Russia, Japan, Canada, and — of course — China and the other emerging economies.

A Forecast

This highly contentious issue of a possible second commitment period for the Kyoto Protocol may come to dominate the talks in Durban.  This would be unfortunate, because it would simultaneously reduce the likelihood of the negotiators making progress on a sound foundation for meaningful, long-term global action.  It would probably also have the effect of producing some drama in the form of highly-charged debates, and possible threats by some delegations to walk out of the negotiations.  For this reason, despite the weather, Durban may come to resemble Copenhagen more than Cancun.

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Further Reading

The Harvard Project on Climate Agreements has pulled together an archive of relevant publications, which we call “The Durban Branch” of our climate library.  We hope it will be helpful for those gathered in Durban or watching from afar.

Also, a number of previous essays I have written and posted at this blog will be of interest to those who wish to follow developments at the Seventeenth Conference of the Parties of the UN Framework Convention on Climate Change in Durban.  Here are links, in reverse chronological order:

Canada’s Step Away From the Kyoto Protocol Can Be a Constructive Step Forward

A Wave of the Future: International Linkage of National Climate Change Policies

Why Cancun Trumped Copenhagen

What Happened (and Why): An Assessment of the Cancun Agreements

Defining Success for Climate Negotiations in Cancun

Three Pillars of a New Climate Pact

Can Countries Cut Carbon Emissions Without Hurting Economic Growth?

Approaching Copenhagen with a Portfolio of Domestic Commitments

Defining Success for Climate Negotiations in Copenhagen

Only Private Sector Can Meet Finance Demands of Developing Countries

Chaos and Uncertainty in Copenhagen?

What Hath Copenhagen Wrought? A Preliminary Assessment of the Copenhagen Accord

Another Copenhagen Outcome: Serious Questions About the Best Institutional Path Forward

Opportunities and Ironies: Climate Policy in Tokyo, Seoul, Brussels, and Washington

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Another Copenhagen Outcome: Serious Questions About the Best Institutional Path Forward

Whether you like it or not, for the time being the most important product of the December meeting in Copenhagen of the Fifteenth Conference of the Parties (COP-15) of the United Nations Framework Convention on Climate Change (UNFCCC) is the “Copenhagen Accord,” which I assessed in my December 20th blog post (“What Hath Copenhagen Wrought? A Preliminary Assessment of the Copenhagen Accord”).  In the long term, however, it is quite possible that another outcome of the December meetings may prove to be equally or more consequential.  I’m referring to the decreased credibility of the UNFCCC as the major institutional venue for international climate policy negotiation and implementation.

One has to be cautious about taking too seriously some of the assertions that have been made in the printed press and the blogosphere about the death of the UNFCCC, partly because many of those commentaries come from people in the press and NGOs who – like me – suffered in Copenhagen because of the terrible logistics provided by the UNFCCC, which kept thousands of people standing outside in the bitter cold for 8 hours waiting to receive their credentials (for which they had been pre-registered) only to be turned away from the Bella Center.  I’ve written about that in my December 18th blog post (Chaos and Uncertainty in Copenhagen?).  However, the problems with the UNFCCC that became so apparent in Copenhagen are more fundamental than the logistical failures.

Problems with the UNFCCC Process

The two weeks of COP-15 illustrated four specific problems, most of which were apparent long before the Copenhagen meetings.  First, the UNFCCC process involves too many countries – about 196 at last count — to allow anything of real significance to be achieved.  As my colleague, Professor Jeffrey Frankel, observed in a panel session in which he and I participated at the ASSA meetings in Atlanta, “it’s difficult enough to reach agreement in a room with 30 people, let alone close to 200.”  What is particularly striking about involving 196 parties in the discussion of international climate change policy is the reality that just 20 of them account for about 90% of global emissions!

The second problem – again, illustrated in spades at the Copenhagen sessions – is that the UN culture tends to polarize many discussions into two factions:  the developed world versus the developing world.  This is troubling, because the world is much more diverse than such a dichotomous distinction would suggest.  Clearly, emerging economies such as China, India, Brazil, Korea, Mexico, and South Africa have more in common – along some key economic dimensions – with some countries in the so-called developed world than they do with the poorest developing countries, such as those of sub-Saharan Africa.

The third problem is that the voting rules of the UNFCCC process require consensus for nearly all decisions, that is, unanimity.  It was lack of unanimity, by the way, which resulted in the Conference not “adopting” the Copenhagen Accord, but rather “noting” it.  After all, only 190 of 196 countries supported it.  Six nations threatened to vote in opposition, ironically accusing the 190 of “undemocratic procedures:”  Bolivia, Cuba, Nicaragua, Sudan, Tuvalu, and Venezuela.

Fourth and finally, the UNFCCC leadership in Copenhagen was – to phrase it politely – problematic, not only administratively, but substantively as well, according to delegates from a diverse set of countries.  (It should also be acknowledged that some responsibility for the problematic leadership of the Conference — both administratively and substantively — rests with the Danish presidency of the Conference.  Members of a diverse set of delegations, as well as other observers, have commented on this.)

These problems (as well as others on which readers will probably comment) have caused many observers (as long as eight to ten years ago in the case of some academic economists and political scientists) to question whether the UNFCCC is the best institutional venue for productive negotiations and action on global climate change policy, or at least whether it ought to be the sole venue.  So, what are the possible alternatives?

Potential Alternative or Supplementary Institutional Venues

One promising venue was initiated in 2007 by the Bush administration as the “Major Emitter Meetings” – the “MEM process.”  It was roundly condemned by environmental advocacy groups and by many supporters of the UNFCCC process.  Greenpeace labeled it a “dead-end diversion” – “an attempt by the Bush Administration to deflect international criticism on their do nothing attitude on climate change.”  Whether or not that was the Bush administration’s cynical motivation, the fact remains that it was a sensible venue for discussion.

Fortunately, the Obama administration recognized that this was a promising approach, adopted it, changed its name to the Major Economies Forum on Energy and Climate, and continued the process, now commonly referred to as the “MEF.”  Several meetings have taken place – in Washington, Paris, and Mexico City – bringing together Australia, Brazil, Canada, China, the European Union, France, Germany, India, Indonesia, Italy, Japan, Korea, Mexico, Russia, South Africa, the United Kingdom, and the United States.  Those 17 countries and regions account for about 90% of global emissions.  The U.S. Deputy National Security Advisor for International Economic Affairs, Michael Froman, chairs the meetings.  Naturally, some nations (and some advocates) are concerned about a small set of large countries reaching decisions; and no doubt some are not comfortable with a process chaired by the United States.

Another conceivable institutional venue would be the G-20, the “Group of Twenty Finance Ministers and Central Bank Governors,” established in 1999 to bring together the leading industrialized and developing economies to discuss key issues.  They recently turned their attention to climate change policy (in Pittsburgh in September, 2009).  The make-up of this group is similar to that of the MEF, but there are differences:  Argentina, Australia, Brazil, Canada, China, France, Germany, India, Indonesia, Italy, Japan, Korea, Mexico, Russia, Saudi Arabia, South Africa, Turkey, the United Kingdom, and the United States.  For some people, the good news about the G-20 playing a key role as a venue for negotiations is the presence of economic thinking; of course, this is precisely what troubles many others.

No doubt, there are other conceivable multilateral negotiations that could be convened, as well as bilateral approaches, including, of course, ongoing talks between China and the United States.

Don’t Nail Shut the Coffin

Anyone who predicts the death of the UNFCCC is probably letting their hopes infect their predictions.  It is simply much too soon for obituaries to be written for this quite durable institution.

The Kyoto Protocol continues at least until the end of its first commitment period, that is, through 2012.  The Clean Development Mechanism (CDM) and annual national reporting functions (such as those that are key parts of the Copenhagen Accord) are likely to work through the United Nations, most likely the UNFCCC.

Also, the UNFCCC has a very large constituency of support, including at a minimum most, if not all, of the G-77 group of developing countries, which actually numbers much closer to 140.  In addition, the UNFCCC has significant international legitimacy, and is potentially key for implementation, no matter what the venue may be for initial negotiation.

The Path Forward

Whether the next steps in international deliberations should be under the auspices of the UNFCCC or some smaller deliberative body, such as the MEF or the G-20, is an important and open question.  Given the necessity of achieving consensus in the United Nations processes as currently defined and the open hostility of a small set of countries, other bilateral and multilateral discussions could be an increasingly attractive route, at least over the short term.

There are many questions, however, that need to be addressed before anyone can identify the best institutional venue (or venues) for international climate negotiations and action.  Such questions are now among the major foci of research by the Harvard Project on International Climate Agreements.  More about this in future posts.

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