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The Climate Change Regime: Outstanding Issues

The Climate Change Regime: Outstanding Issues. Leonardo Massai and Massimiliano Montini University of Siena, 9 June 2006. Contents. Institutional framework Current discussion The conference. UNFCCC . Legal nature: international treaty (UN)

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The Climate Change Regime: Outstanding Issues

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  1. The Climate Change Regime: Outstanding Issues Leonardo Massai and Massimiliano Montini University of Siena, 9 June 2006

  2. Contents • Institutional framework • Current discussion • The conference

  3. UNFCCC • Legal nature: international treaty (UN) • International legal framework for common action on climate change • Ultimate objective • Principles • Differentiated commitments • Institutional framework: COP,SBSTA,SBI • Parties (194)

  4. UNFCCC: Annex I Parties

  5. Kyoto Protocol (I) • Mitigation and adaptation of climate change • Berlin Mandate (COP1) to COP/MOP1 • KP: legal instrument “related” to the UNFCCC and adopted under COP3 (1997) • Legally binding instrument to reduce GHG emission concentrations (QELRC) → Annex B • Commitment period: 2008-2012 • Base year: 1990 GHG emissions • International cooperation

  6. Kyoto Protocol (II) • Sinks • Compliance System • Flexible Mechanisms

  7. Marrakech Accords • Complex deal and several political concessions • Package of COP decisions, most of them recommendations for COP/MOP1 • Definition of principles, nature and scope of the flexible mechanisms • Eligibility criteria • Establishment of new institutions

  8. MA: agreement on Forest Management Activities-Article 3.4 • 7This figure is changed to 33.00 Mt/C/yr by decision 12/CP.7 • Additions to and subtractions from the assigned amount of the Russian Federation, resulting from forest management under Article 3.4 shall not exceed 33 megatons of carbon per year, times five (first comm period)

  9. COP-11 COP/MOP1: Montreal (2005) • COP-11 • Adoption of the SBSTA five-year programme of work on impacts, vulnerability and adaptation to climate change • Implementation of commitments under the UNFCCC • Financial mechanisms of the UNFCCC • COP/MOP-1 • Implementation • Improvement • Innovation

  10. COP/MOP1: Decisions (I) • IMPLEMENTATION - adoption of the Marrakech Accords Marrakech (2001) - adoption of the compliance regime (art. 18 KP) • COP/MOP decision and amendment of the KP by COP/MOP3(?) • IMPROVEMENT - adoption of detailed operational rules for the implementation of the flexible mechanisms (JI, CDM and IET)

  11. COP/MOP1: Decisions (II) • INNOVATION • Prompt start of three important processes: • Art. 3.9 KP (future commitments for Annex I Parties) • Art. 9 KP (periodical review of the KP) • Negotiations under the UNFCCC (with USA) • Other initiatives on the post-2012 phase: • Asia-Pacific Partnership (USA, Australia, China, India, Japan, South Korea)

  12. 24th meeting of the Subsidiary Bodies (SB24) • Adoption of 30 conclusions and 1 draft decision • 1st meeting Ad-Hoc Working Group on further commitments for Annex I Parties (AWG) • Planning of future work • List of relevant topics for further work • Dialogue on longterm cooperation to address climate change under the UNFCCC • Italy (☺) forestry cap for forest management under Article 3.4 increased to 2,78 MtCO2eq/y

  13. The Conference (I) • Session 1 - The Kyoto Protocol and International Law: • Focus on the main issues • The compliance system • The legal nature and the “amendment” issue • Relationship with international law and other means of dispute settlement • Application of consequences for non-compliance

  14. The Conference (II) • Session 2 - The Kyoto Protocol and Beyond: • Post-Kyoto and climate regime cornerstones • Emissions Trading and post-2012 • Adaptation • EU-US relations on climate policy • Asia-Pacific partnership on clean development and climate

  15. The Conference (III) • Session 3 – The EU Emissions Trading Directive: • Interlinkages among EU climate, energy and environmental policy • Linkages between IET and EU-ETS • Registries and contracts

  16. The Conference (IV) • Session 4 – Linking ET with JI and CDM: • Emission reduction units and legal issues • Joint Implementation • Clean Development Mechanism

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