A Key Element for the Forthcoming Paris Climate Agreement

The upcoming Paris climate negotiations will constitute a critical step in the ongoing international process to reduce global greenhouse gas (GHG) emissions. The question of whether the Paris outcome will be sufficiently ambitious to put the world on a path towards limiting global average warming to 2o C, as agreed in Cancun, can be answered now.  It will not, because that target, while possibly useful as an aspirational goal, is not achievable, as the most recent report of Working Group III of the IPCC documented. What is clear, however, is that greater ambition is more easily realized when costs are low. Market-based mechanisms are an important element in the portfolio of actions that can lead to cost-effective solutions. Linkage – between and among market and non-market systems for reducing GHG emissions – is a closely-related key element.

In an article just published in Climate Policy, “Facilitating Linkage of Climate Policies through the Paris Outcome,” my co-authors – Daniel Bodansky of Arizona State University, Seth Hoedl of Harvard Law School, and Gilbert Metcalf of Tufts University – and I examine how the Paris outcome, and more generally the ongoing climate negotiations, can allow for and advance linked systems.

Brief Background

In the Durban Platform for Enhanced Action, adopted by the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC) in 2011, the parties agreed to develop a “protocol, another legal instrument or an agreed outcome with legal force under the Convention applicable to all Parties,” for adoption at COP-21 in December, 2015, in Paris. It is likely that the Paris outcome will reflect a hybrid climate policy architecture – one that combines top-down elements, such as for monitoring, reporting, and verification (MRV), 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. This outcome will be embodied in a core agreement, which likely will be legally binding, as well as ancillary instruments such as annexes, national schedules, and COP decisions.

The ability to link regional, national, and sub-national climate policies will be essential to enhancing the cost-effectiveness of such a system – and thus the likelihood of achieving significant global emissions reductions. By ‘linkage’, we mean formal recognition by a GHG mitigation program in one jurisdiction (a regional, national, or sub-national government) of emission reductions undertaken in another jurisdiction for the purposes of complying with the first jurisdiction’s requirements.

First Necessity for Paris: Do No Harm

The minimum requirement for the Paris agreement in regard to linkage is to do no harm. Silence on linkage could possibly accomplish that. But any provisions in the agreement that would require nations to achieve their respective INDCs exclusively within their own borders – a constraint that has been favored by the ALBA countries – would, in effect, prohibit not only international carbon markets but any sort of meaningful linkage (and would thereby greatly drive up costs).

Common Definitions of Key Terms

If linkage is to play a significant role in a hybrid international policy architecture, then several categories of design elements merit serious consideration for inclusion in the Paris outcome, either directly or by establishing a process for subsequent international negotiations. In general, effective linkage requires common definitions of key terms, including particularly the units to be used for compliance purposes. This will be particularly important for links between heterogeneous systems, and it is an area where a model rule could be particularly helpful (more about this below).

Registries and Tracking

Linkage requires registries and tracking mechanisms, whether the systems being linked are homogeneous or heterogeneous. Indeed, a key role for the top-down part of a hybrid architecture that allows for international linkage of national policy instruments will be the tracking, reporting, and recording of allowance unit transactions.

International compliance units would make the functioning of an international transaction log more straightforward and reduce the administrative burden of reconciling international registries with national registries. Minimum standards for approving and measuring offsets may be important. Market oversight and monitoring may increase confidence in the system, although in some cases, national and international institutions that can provide oversight already exist and may need only relatively minor additional capacity to assume these functions.

Too Much of a Good Thing Can be Bad

Including detailed linkage rules in the core agreement is not desirable as this could make it difficult for rules to evolve in light of experience. Instead, minimum standards to ensure environmental integrity should be elaborated in COP decisions, or by other means; for example, the COP could establish minimum requirements for national monitoring, reporting, and verification (MRV), registries, and crediting mechanisms.

In terms of linkage, the function of the core agreement might be confined to articulating general principles relating to environmental integrity, while also authorizing the COP or another organization to develop more detailed rules. Whatever minimum standards are adopted, oversight of compliance will be important to ensure the integrity both of the Paris outcome and of linked national systems.

The Utility of Default or Model Rules

Many elements of GHG linkage can be addressed through default or model rules from which nations are free to deviate at their discretion. Rules that may benefit from this approach are typically concerned with the details of linking two regulatory systems. For example, nations interested in linking their cap-and-trade systems would have to consider rules for market coverage, cost containment, banking and borrowing, compliance periods, allocation methods, and the treatment of new emitters and emitter closures. Additional rules may be needed for linking of heterogeneous systems.

Developing uniform rules to address all of these issues is unrealistic. Instead, a degree of harmonization could be achieved through default rules that facilitate linkage by providing a common framework for nations to use when developing their own linkage agreements. Although there is no need for the core agreement itself to elaborate harmonized linkage rules, it might authorize the COP to develop default linkage rules that nations can use in negotiating bilateral linkage agreements.

Less is More

In our Climate Policy article, Dan Bodansky, Seth Hoedl, Gib Metcalf, and I conclude that the most valuable outcome of Paris regarding linkage might simply be the inclusion in the core agreement of an explicit statement that parties may transfer portions of their INDCs to other parties and that these transferred units may be used by the transferees to implement their INDCs. Such a statement would help provide certainty both to governments and private market participants. This minimalist approach will allow diverse forms of linkage to arise, among what will inevitably be highly heterogeneous INDCs, thereby advancing the dual objectives of cost effectiveness and environmental integrity in the international climate policy regime.

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Understanding the IPCC: An Important Follow-Up

A week ago, I wrote at this blog about my recent frustrations with the government approval process of one part of the Summary for Policymakers (SPM) of the Intergovernmental Panel on Climate Change (IPCC) Fifth Assessment Report (AR5) Working Group III (WG3) report, namely the section in the Summary for Policymakers (SPM.5.2) on “International Cooperation,” for which I had major responsibility.

In that post, I described how the government approval process, which took place in Berlin in early April, had led to the deletion of a significant fraction of the text of SPM.5.2, not because governments questioned its scientific validity, but because they found various passages to be inconsistent with their respective positions and national interests within the ongoing international climate change negotiations under the United Nations Framework Convention on Climate Change (UNFCCC).  (That post took the form of a letter to the co-chairs of WG3 – Ottmar Edenhofer, Ramon Pichs-Madruga, and Youba Sokona.  They have since sent a thoughtful response and agreed for me to provide a link to their letter here.)

Why a Follow-Up Post?

My first post has been widely reported in the press.  Some of this coverage was accurate and reasonable.  Pilita Clark of the Financial Times, in particular, wrote an excellent article that accurately presented my views and conveyed some additional useful insights.  Other press coverage, however, inaccurately stated or suggested that my critique of the IPCC process was much broader than it was.  This was despite my very careful caveats in the first blog post, in which I tried hard to communicate clearly the limited focus of my critique, namely the effects of the government approval process on one section (SPM.5.2) of the Summary for Policymakers.

Some in the more fringe elements of the press and blogosphere quickly capitalized on the situation by distorting the message of my original post to meet their own objectives – by stating or implying that I found fault with the overall IPCC process and reports themselves, that I have positioned myself as an opponent of the important work of the IPCC, and/or that I am a skeptic of the science of climate change!  Because of these over-the-top distortions, I am writing this second post to place my original critique in the context of the overall IPCC process and of the IPCC’s recent Fifth Assessment Report.

Understanding the IPCC Process and Reports

The central purpose of the IPCC Assessment Reports is to survey and synthesize the best published research on climate change, including its causes, consequences, and potential mitigation.  Each of the last several reports has therefore consisted of three volumes, prepared by separate scientific working groups, which address respectively:  (1) research from the natural sciences on climate change itself — whether, how, and to what extent it is happening; (2) the impacts of climate change on natural systems and on human society — and how society might adapt to climate change; and (3) approaches to the mitigation of climate change, including, importantly, policy options for reducing greenhouse-gas emissions.  The chapter of which I was a Co-Coordinating Lead Author, “International Cooperation:  Agreements and Instruments,” fell into this third volume. (See my previous post for further details.)

Hundreds of the world’s leading scientists conducting research on the various topics addressed by the IPCC’s Assessment Reports spend countless un-compensated hours over several years preparing the reports, motivated only by a commitment to scientific rigor and the desire to better understand climate change and its implications.  A core principle of the IPCC process is that the reports should be “policy-relevant but not policy-prescriptive” and should synthesize the peer-reviewed literature as objectively as possible.

The IPCC’s three-volume reports — including the recent Fifth Assessment Report — largely succeed in accurately and objectively synthesizing the best scientific research. The reports are, as a result, absolutely essential resources for both understanding climate change and formulating responses to it.

In addition to being divided into three volumes along substantive lines, the recent Fifth Assessment Report is presented in three different “packages”:  (1) the full volumes, each of which consist of multiple chapters totaling about 2,000 pages; (2) the Technical Summaries (TS), which condense the full volumes into documents of less than 100 pages each; and (3) the Summary for Policymakers (SPM), which at one-third the length of the TS, was the focus of my previous blog post.

I emphasized in that post that none of the deletions and revisions I described regarding the section on international cooperation in the 33-page SPM had any effects whatsoever on the key, foundational products of five years of work on AR5 WG3:  the Technical Summary (three times the length of the Summary for Policymakers, but no more “technical” than the SPM), and – most important – the 2,000 pages of the 15 underlying chapters, including Chapter 13, “International Cooperation:  Agreements and Instruments” (with 79 pages of text, and 57 pages of references).  Only the SPM is subject to the (line-by-line) government approval process.

Furthermore, even the severe cuts to the section on international cooperation in the SPM – the focus of my concerns – should be understood in context.  The governments never added text to the section; rather they deleted text, because in the line-by-line approval process they could not agree among each other.  As I explained in my previous post, the government representatives were doing their job – looking out for the interests of their respective countries.  Any text that was considered inconsistent with their countries’ interests and positions in multilateral negotiations was treated as unacceptable.

Overall, my serious concerns about the effects of the government approval process on one section of the SPM should be considered in the much larger context of what is an exceptionally valuable scientific resource for those concerned with climate change.

A Word on the Government Approval Process

Notwithstanding the problems and challenges of the government approval process, which I highlighted in my previous post, it is important to note the merits of the process, as well, because there are some distinct advantages of the IPCC being an intergovernmental organization and having some aspect of the Assessment Reports requiring government approval (namely, the SPM).

First, as I emphasized in my previous post, government approval has brought political credibility to the IPCC that it would probably not otherwise enjoy.  Second, this process forces member governments to pay attention to the reports, and agree that a substantial body of research on climate change is valid (which would not be the case with a non-governmental organization). It is hardly trivial that the world’s governments have formally (and unanimously) agreed — through the IPCC process — that climate change is real, caused by human activity, and poses significant threats.

My Bottom Line

In the short term, I am continuing to work within the IPCC, as I currently serve as a lead author of the AR5 Synthesis Report, which brings together the essence of the reports of Working Groups 1, 2, and 3.  That work will be completed in October of this year.

In addition, I hope to work constructively with my colleagues within the IPCC, its member governments, and others to address our shared concerns about the SPM approval process — particularly with regard to policy-relevant material in the third (Working Group III) volume of the assessment reports, and most especially in regard to text on international cooperation, which is so intimately connected with the UN climate negotiations in which those same governments are deeply involved.

I conclude this post with the final paragraph of my previous one, which featured my letter to the IPCC WG3 leadership:  “The mission of the IPCC is important, and the scientific work carried out by the hundreds of lead authors of AR5 Working Group 3 was solid and important, as validated by the Technical Summary and the underlying chapters.  I hope this letter can be constructive and helpful for the future work of the IPCC.”

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A Challenge for Climate Negotiators, and an Opportunity for Scholars

As I have written in many previous essays at this blog, the challenges standing in the way of an effective international climate change agreement are numerous and severe.  It is also true that the prospects for a truly meaningful deal may be better now than at any time in the past decade or more.  That is the theme of a new article I’ve co-authored with my Harvard Kennedy School colleague, Joseph Aldy.  The article, “Climate Negotiators Create an Opportunity for Scholars,” was published in the August 31st edition of Science.

Changes emerged gradually from the Major Economies Forum on Energy and Climate in 2009, the Copenhagen Accord (2009), the Cancun Agreements (2010), and – most important – the Durban Platform for Enhanced Action (2011).  Together these have now increased the likelihood that the ongoing negotiations can move beyond the debilitating Annex I/non-Annex I dichotomy of the Berlin Mandate (1995), as codified in the Kyoto Protocol (1997); and instead develop a comprehensive legal regime for implementation in 2020 that includes all key countries, based upon a more nuanced and effective interpretation of the principle of “common but differentiated responsibilities and respective capabilities” from the original United Nations Framework Convention on Climate Change (UNFCCC, 1992).

In our Science article, Joe Aldy and I trace this history and describe several potential international climate policy architectures that could be consistent with the process and principles laid out in both the Durban Platform and the UNFCCC.  Our article is very brief, and so rather than trying to summarize it here, I encourage you to follow this link to read the essay in its entirety.

The negotiating teams are now tasked under the Durban Platform with identifying a new comprehensive policy architecture by 2015 (for 2020 implementation).  The negotiators are therefore hungry for new ideas, in particular for outside-the-box thinking.  This presents an important opportunity for researchers in universities, think tanks, and advocacy groups around the world.

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