Global Climate Change Negotiations: Learning from the Past to Think Carefully about the Future

I’m pleased to say we have released the newest episode of our podcast, “Environmental Insights: Discussions on Policy and Practice from the Harvard Environmental Economics Program.”  In this latest episode, I engage in a conversation with Sue Biniaz, long-time legal expert and lead negotiator for the U.S. Department of State in the international negotiations under the United Nations Framework Convention on Climate Change (UNFCCC).

Sue is currently a Lecturer in Law at Yale Law School in New Haven, Connecticut. Before that, she served for over thirty years in the State Department’s Legal Adviser’s Office, where she was a Deputy Legal Adviser, as well as the lead climate lawyer and a lead climate negotiator from 1989 until early 2017.  She is also a Senior Fellow at the United Nations Foundation, and has taught at Columbia Law School and the University of Chicago Law School.  She attended Yale College and Columbia Law School, and subsequently clerked for Judge Dorothy W. Nelson on the 9th Circuit Court of Appeals.

Sue Biniaz speaking at Harvard Kennedy School, April 2018

In this podcast episode, we talk about Sue’s extensive experience in the climate negotiations.  Commenting on COP-25 in Madrid last December, after Sue had left the State Department, she takes note of the disappointment that surrounded the failure to reach agreement on the “Rulebook” (detailed guidance) for the one article (of twenty-nine) in the Paris Agreement which had not already been resolved:  Article 6, which deals with modes of international cooperation, and provides the potential home for linkage of policies in different countries, including so-called carbon markets:

“It was unfortunate that they didn’t reach agreement on Article 6.  I think the compromises were all pretty evident and they ran out of time. I think there wasn’t enough kind of political oomph put into it at the end. That’s an example of if the U.S. had been there at a political level, they would have been able to sort of bang some heads together and get it done.”

With COP-26 having been postponed from November 2020 to sometime in 2021, due to the COVID-19 pandemic, Biniaz believes that international climate negotiators may now wish to take advantage of this hiatus to consider ways to improve the annual climate talks.

“One of the reasons I think the COP needs to be re-thought is because I think the metric that’s been used by many people including the press has been the negotiating issues that are on the table,” Biniaz argues. “If you only look at those, it just puts too much pressure on what should be kind of a minor aspect of a COP compared to everything else that’s going on.”

With the U.S. elections looming in November, Biniaz says hopes are high that a new presidential administration will rejoin the Paris Agreement, and reengage in a productive way.

“If you’re going to rejoin the Paris Agreement, do it in a way that isn’t going to just be reversed four or eight years later. Try to make sure you have enough domestic buy-in so it’s harder for a future administration to just reverse it again,” she states. “And…if you’re going to come back into the agreement, try to use whatever leverage the United States has at that point to get other countries to do more.”

As you will quickly realize when you listen to this podcast episode, Sue Biniaz is not only very smart and exceptionally knowledgeable; she is also unusually clear and articulate.  You will not regret listening!

Sue Biniaz (center) with Todd Stern, then the U.S. lead climate negotiator, at COP-17 in Durban, South Africa, in 2011.

All of this and much more is found in the newest episode of “Environmental Insights: Discussions on Policy and Practice from the Harvard Environmental Economics Program.” Listen to this latest discussion here, where, by the way, you can also find a complete transcript of our conversation.

My conversation with Sue Biniaz is the tenth episode in the Environmental Insights series.  Previous episodes have featured conversations with:

“Environmental Insights” is hosted on SoundCloud, and is also available on iTunes, Pocket Casts, Spotify, and Stitcher.

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Harvard Project on Climate Agreements at COP-24

Along with my Harvard colleagues, David Keith, Robert Stowe, and Jason Chapman, I will be at the Twenty-Fourth Conference of the Parties (COP-24) of the United Nations Framework Convention on Climate Change (UNFCCC) in Katowice, Poland, leading our delegation from the Harvard Project on Climate Agreements (HPCA), December 10-13, 2018.

In addition to holding a series of bilateral meetings with various national delegations, the Harvard Project will participate in (at least) five events.  Two of these are panel sessions organized by HPCA, while the three others are panel sessions organized by national delegations.  My team and I will be at COP-24 in Katowice during the week of December 10, 2018.  COP-24 attendees who wish to meet with the Harvard Project during the conference should send an email Jason Chapman, Project Manager (jason_chapman@hks.harvard.edu).

Five Events in Brief

A Dialogue on Promoting China and US Climate Action
Robert Stavins, Panelist
Hosted by the Counsellors’ Office of the State Council (China) and World Resources Institute
Monday, December 10; 15:30 – 17:00
Location:  China Pavilion

Elaborating and Implementing Article 6 of the Paris Agreement
Hosted by the Harvard Project on Climate Agreements and the Enel Foundation
Tuesday, December 11, 2018;  15:00 – 16:30
Location:  Side Event Room “Wisla”

Governance of Solar Geoengineering Deployment
Hosted by the Harvard Project on Climate Agreements
Wednesday, December 12, 2018;  11:00 – 12:30
Location:  Pavilion of the International Emissions Trading Association (IETA)

Enhancing Capacity of Developing Countries to Address Climate Change: Issues and Opportunities
Robert Stavins, Keynote Speaker
Hosted by Korea University, Global Green Growth Institute, and others
Wednesday, December 12, 2018;  15:00 – 18:00
Location:  Korea Pavilion

Sixth Global Climate Change Think Tank Forum: Global Climate Governance and a Community with a Shared Future for Mankind
Robert Stavins, Keynote Speaker
Hosted by the National Center for Climate Change Strategy and International Cooperation (China)
Wednesday, December 12, 2018;  17:30 – 19:00
Location:  China Pavilion

Two Harvard Project Events in Detail

Elaborating and Implementing Article 6 of the Paris Agreement
Hosted by the Harvard Project on Climate Agreements and the Enel Foundation
Tuesday, December 11, 2018
15:00 – 16:30
Location:  Side Event Room “Wisla”

Participants:

Kelley Kizzier
Co-Chair, Article 6 negotiations
UNFCCC Subsidiary Body for Scientific and Technological Advice

Michael Mehling
Deputy Director, Center for Energy and Environmental Policy Research
Massachusetts Institute of Technology

Daniele Agostini
Head of Low Carbon and European Energy Policies at Enel
Enel Group

Robert Stavins
A. J. Meyer Professor of Energy and Economic Development, Harvard Kennedy School
Director, Harvard Project on Climate Agreements

Other participant(s) to be determined

Abstract:

Speakers will consider progress in elaborating Article 6 and what remains to be done, with reference to the potential of Article 6 to enhance ambition. Discussion will be based on practical experience with market mechanisms, academic research, and a close reading of the Paris-Agreement negotiations. The discussion will be based in part on a background paper by Michael Mehling.

Governance of Solar Geoengineering Deployment
Hosted by the Harvard Project on Climate Agreements
Wednesday, December 12, 2018
11:00 – 12:30
Location:  Pavilion of the International Emissions Trading Association (IETA)

Participants:

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

David Keith
Gordon McKay Professor of Applied Physics, Harvard John A. Paulson School of Engineering and Applied Sciences
Faculty Director, Harvard’s Solar Geoengineering Research Program

Robert Stavins
A. J. Meyer Professor of Energy and Economic Development, Harvard Kennedy School
Director, Harvard Project on Climate Agreements

Other participant(s) to be determined

Abstract:

“Solar geoengineering” (SG) refers to technologies that help reduce radiative forcing and cool the planet. Governing SG deployment poses some unique challenges, in part driven by the incentive structure associated with SG, its risks and uncertainties, and its interaction with mitigation. Panelists will discuss these challenges and the potential role of SG in addressing climate change – relative to mitigation and adaptation. The panel is based in part on a research workshop held at Harvard Kennedy School in September 2018, which I wrote about in my previous entry at this blog.

The Path Ahead

After COP-24, I hope to post an essay at this blog assessing the progress (or lack thereof) made in Katowice.  In the meantime, if you will be at COP-24, and would like to meet with the Harvard Project on Climate Agreements, please contact Jason Chapman (jason_chapman@hks.harvard.edu).

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Controversial, But Important: The Governance of Solar Geoengineering Deployment

In September, the Harvard Project on Climate Agreements hosted a research workshop on an important topic regarding a controversial approach to addressing the threat of global climate change – “Governance of the Deployment of Solar Geoengineering”.  We benefitted from collaboration and support for the workshop from Harvard’s Solar Geoengineering Research Program (HSGRP).  Participants included 26 leading academic researchers addressing the workshop’s topic – as well as leading scholars who had considered the governance of other international regimes that might provide lessons and insights for solar geoengineering governance.  You can find the agenda and participant list (combined in a single document) here, as well as most of the presentations from the workshop.

Motivation for Examining this Topic

We based the workshop on the premise that some types of solar geoengineering (SG) will be associated with incentive structures that are actually the inverse of those associated with efforts to reduce greenhouse-gas emissions. Obviously, the latter is a global commons problem, which requires cooperation at the highest jurisdictional level (international cooperation) in order to advance significant mitigation.

But, in contrast, certain types of SG can – in principle – be implemented effectively at relatively low financial cost – low enough to be borne by small states or even non-state entities acting on their own. The impacts of such action, however, might be substantial, at regional or even global scales. These could include the intended beneficial impacts – decreased global average surface temperature – plus other, potentially adverse side effects. Given the incentive structure associated with SG, its potentially substantial impacts, and the uncertainty (of various kinds) surrounding it, the governance of SG deployment will be challenging, to say the least.

Questions Addressed by the Workshop

The workshop began with overviews of research on SG governance from three disciplinary perspectives – social sciences broadly (including economics, political science, and international relations); legal scholarship; and, finally, further insights from economic theory.

Subsequent sessions addressed the following key questions, which arise, in part, from the incentive structure of SG governance:

(1)  Who ought to and/or will specify criteria for SG deployment, and who ought to and/or is likely to decide when criteria are satisfied?

(2)  What will or should these criteria be? They may include: regulatory criteria developed by policy makers; criteria specified by “agents”/actors who might engage in SG deployment; and physical, engineering, social, economic, ethical, and other dimensions.

(3)  How should/will decisions about deployment be made; what decision-making process should/will be utilized?

(4)  What institutions, either existing or new, are appropriate as decision-making venues? What will or should be the legal framework of such institutions?

(5) How might SG complement and/or undermine national, regional, and multilateral institutions and policy to mitigate or adapt to climate change – and, more broadly, to manage climate risks?

(6)  SG is both a hedge against uncertain but potentially catastrophic risks of (or, alternatively, damages from) climate change – and has its own associated risks, known and unknown. How can we better understand these uncertainties and incorporate them into useful decision-making processes?

(7)  How might we best define a research agenda for the governance of SG deployment?

Finally, a panel of international-relations scholars discussed a set of international regimes – including nuclear arms control and cyber security – that may provide lessons for and insights into SG governance.

The Path Ahead

We did not attempt to provide definitive answers to these questions, but to advance understanding of this set of issues and move the research community some steps further toward better understanding of options for the governance of SG deployment.

Each participant in the workshop is preparing a brief on an aspect of the topic of their interest.  These briefs are designed to be readily accessible by practitioners – policy makers, climate negotiators, and leaders in the business and NGO communities.  The entire volume will be released by the Harvard Project on Climate Agreements in February 2019.  Watch this blog for an announcement of the release early in the new year.

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