Download Climate Change in Asia - Chicago

The Sleeping Dragon:
China’s Role in Climate
Change as a Developing
Country
Stephen Janasie
Aakruti Shah
Stephen Janasie: [email protected]
Aakruti Shah: [email protected]
Prepared for Energy Law and Policy –
Chicago-Kent College of Law S2005
Introduction
• The international community’s ‘common,
but differentiated responsibilities’ approach
is unsuitable to the issue of global climate
change.
This is best illustrated in the treatment of China
as a ‘developing country’ and what that entails.
In order to understand the problem,
need to have a understanding of:
– History:
History of international environmental
law and the theme of common, but
differentiated responsibility
Background of Chinese economic,
legal, and environmental issues
An in-depth look at the greenhouse gas
(GHG) issue
– Problem of GHGs in China
– Problems with the ‘common, but differentiated
responsibilities’ approach (Kyoto)
Potential approaches:
– Within the structure of Kyoto
Carbon emissions tax
Tradable credits
– Modified CBDR
– Separate US/China treaty
History and Background of International
Environmental Laws and Treaties
• United Nations Stockholm Conference on the
Human Environment of 1972
• The Montreal Protocol on Substances that
Deplete the Ozone Layer of 1987
• Rio
• Conference of Parties (COP): Berlin Mandate
• COP – 2: Geneva Declaration
• COP – 3: Kyoto Protocol
United Nations Stockholm Conference
on the Human Environment of 1972
Emergence of the ‘common, but
differentiated responsibility’ concept
(CBDR)
– One of the first attempts to establish varying
degrees of responsibility in addressing
international environmental issues.
Sustainable Development Concept
Recognized an international responsibility to
protect the environment for present and future
generations
At this conference, developing countries resisted
highlighting environmental issues because they
were afraid that would slow down their economic
development and limit their sovereignty
They feared that ecological values would take
priority at the expense of development
The Montreal Protocol
Considered a breakthrough in international
environmental law because of its differential
treatment of developed and developing nations.
– Article 5.1:
entitles developing nations, who meet certain requirements,
to delay compliance with the Protocol's measures by ten
years
represents a differential norm that takes into account the way
that developed countries have historically been major
contributors to ozone depletion.
Multilateral Fund
Represented the first agreement to adopt
financing terms as an incentive for
developing nations to enter into
international environmental agreements
– Article 10:
Mandated the creation of a Multilateral Fund,
requiring developed nations to create a
mechanism that provides financial and technical
cooperation, including the transfer of CFC-free
technology to the developing world who otherwise
had no access to this technology.
CBDR
The creation of this Fund reiterated two
premises underlying the developing
application of CBDR:
– (1) developed states should play a leadership
role in global solutions to environmental
problems; and
– (2) the use of differential standards for
developed and developing states is the most
equitable approach
Justification for Fund
Developed states have the financial ability
to assist developing nations in their
compliance with CFC reductions
This coupled with a historical culpability for
the ozone layer problem justified the
creation of an international fund to help
developing states reach Protocol goals
Rio
June 1992 U.N. Conference
One result: adoption of the United Nations
Framework Convention on Climate
Change (UNFCCC)
– A global agreement addressing climate
change.
UNFCCC
Today has been ratified by over 160
nations
The UNFCCC is a flexible convention
articulating:
– hortatory goals
– principles
– and general obligations to prevent climate
change.
Broad Purposes and Obligations
Like other framework conventions, the
UNFCCC contains broad purposes and
equally broad obligations.
– The UNFCCC is essentially a framework for
Annex I Parties' (developed nations) behavior,
allowing voluntary efforts by developing
countries, like China, to suffice.
– In fact, developing countries' obligations are
conditional upon effective implementation by
Annex I Parties.
CBDR Resurfaces
Another important concession to
developing countries was the concept that
they would have “common but
differentiated responsibilities” based on
their historical culpabilities and their
“respective capabilities.”
UNFCCC and CBDR
If an international effort is made to reduce
GHG emissions, then
– developed nations must be subjected to more
stringent standards,
– and they must contribute significantly to the
reduction of GHG emissions in developing
nations
even though these nations are not subject to as
stringent reduction goals
G-77 Nations
The G-77 nations (developing nations) are
only required to
– establish national emissions inventories,
– report on national programs, and
– promote cooperation, sustainable
development, and information exchange.
– There are no absolute emissions standards
placed upon these nations.
China
Recognizing the wealth of concessions for
developing countries contained in the UNFCCC,
China supported the agreement and took steps
toward compliance.
In 1992, China established an expert body, the
China Council for International Cooperation on
Environment and Development, to submit
proposals and opinions to the government.
However, China remained adamant about the
obligations of Annex I Parties.
White Paper
In 1996, China published a White Paper on
environmental policy
– Restating its position that economic development
should be done with environmental protection in mind,
but reiterating that it is up to the developed world to
clean up its own global warming mess under the
UNFCCC.
Thus, China views international environmental
cooperation as important, but only insofar as the
policies remain respectful of national
sovereignty.
Legal Instruments
Five new legal instruments were adopted
Binding:
– The Framework Convention on Climate
Change
– Convention on Biological Diversity
Legal Instruments
Non-binding:
– The Rio Declaration
represents a careful balance of the principles
considered to be important to the developed and
developing countries
– A set of 15 Forest Principles
– Agenda 21
road map of actions needed to be implemented in
order for states to achieve sustainable
development
The Conference of Parties
The Rio convention set up administrative
institutions to work on more detailed plans
to cope with climate change.
An annual Conference of Parties (COP)
was set up to determine what to do.
A Secretariat was created to prepare
materials for and manage these annual
conferences, the 10th of which took place
in Buenos Aires in December, 2004.
Conference of Parties (COP) & the
Berlin Mandate
There was widespread concern that Annex I
Parties would not be able to achieve even the
general emissions reduction goal in the
UNFCCC.
After contentious debates at COP-1, the Berlin
Mandate was passed
– Calling on Annex I Parties to establish specific, legally
binding targets and timetables to reduce emissions.
China and India produced a Green Paper to effectively
exempt themselves and all other non-Annex I Parties from
this new commitment to establish specific, binding
reductions.
COP – 2: Geneva Declaration
In April 1996, the IPCC (International Panel on
Climate Change) published its pivotal conclusion
that the "balance of evidence suggests that
there is a discernible human influence on global
climate."
Specifically, the Parties endorsed the IPCC's
1996 Report in a conference paper, the Geneva
Declaration.
– Came to the same conclusion, like the Berlin
Mandate, called for legally binding targets and
timetables to ensure significant reductions in GHG
emissions.
Kyoto Protocol –
Addressing the GHG Issue
CBDR rationale again:
– Equity in the UNFCCC required a
differentiation between countries on the basis
of:
Historical responsibility for the problem and
Present capability of addressing it
Goals
Overarching goal of lowering emissions to
five percent below 1990 levels by the
target date of 2008 to 2012
– The US has a seven percent reduction
– The European Union an eight percent
reduction
– Japan agreed to a six percent reduction of
GHGs from 1990 levels
Joint Implementation (JI)
Developed nations wanted alternative
mechanisms to achieve emissions
reductions. One solution was Joint
Implementation (JI).
– JI allows Annex I Parties to transfer emissions
reduction units (ERUs) among themselves
– The European Union wanted a carbon tax
instead of a complex emissions trading
system
Developing Nations
China and the G-77 remained adamantly
opposed to new commitments for developing
countries.
– Thus, the provision reaffirms developing countries'
“CBDR”, "national and regional development
priorities," and their desire for increased technological
and financial assistance.
– But the language of this provision leaves open the
possibility of future discussions on increased
participation by non-Annex I Parties
Emissions Trading
Article 17
– establishes that there will be emissions
trading, the details of which will be
established at a subsequent COP
– Emissions trading is different from JI, because
JI is a project-based transfer of ERUs, while
emissions trading is through some sort of
market mechanism based on national
emissions rates.
Background of Chinese Economic,
Legal, and Environmental Issues
Economic Development
“The Big Dragon”
China has seen a huge economic
growth in the last few decades.
– From 1978 to 1996, there was an
average annual growth rate of 9.9%.
– Since 1996, there has been an average
annual growth rate of between 7-8%.
Economic Growth
An extraordinarily large number of people
have risen out of poverty.
– The number of people living on less than 66
cents per day fell from 260 million people in
1978 to 42 million in 1998.
China has paid for fast economic growth
with widespread environmental damage.
Environmental Issues - “The Black Dragon”
Environmental problems facing China dwarf similar
issues in most other countries in the world
Population Growth
Many, if not all, of the problems result not
only from the pressures of economic
growth, but also growth in human
population.
– 1/5th of the human population is Chinese.
– In 2001, population was 1.3 billion. It’s
estimated to peak at 1.6 billion in 2050.
Examples of Environmental Issues
Uneven economic growth
Water shortages
Deforestation and desertification
Biodiversity loss
Air and water pollution (acid rain)
Ozone depletion
Global Climate Change
Uneven Economic Growth
Has lead to regionalization of wealth causing
large scale movements of displaced workers to
urban areas
Resulting in
– Overcrowding
– Burdens upon infrastructure for sanitation,
transportation, and drinking water quality
Has also lead to a concentration of air and water
pollution, including acid rain in the industrialized
Eastern coast.
Water Shortages
Half the population (700 million) drinks water
that does not meet minimum water quality
standards.
China has consumed so much water that
thousands of lakes, rivers, and reservoirs have
been completely drained.
2/3rd of arable lands are in the North, while
4/5th of water supplies are in the South, leading
to destructive water construction projects.
Deforestation and Desertification
In 1994, China had 1.69 million square
kilometers of deserts, 2/3rd were natural,
and 1/3rd had been caused by human
activity.
– Global climate changes, as well as poor antierosion practices, are primary causes.
Deforestation is so rampant that logging
has been banned throughout the country.
Biodiversity Loss
China is the leading offender in the illegal
international trade in endangered species.
China also bears a significant portion of
the responsibility for the global extinction
of endangered species.
Air and Water Pollution (Acid Rain)
5 of the world’s 10 most polluted cities are in
China.
An estimated 2 million people die each year in
China from air and water pollution.
Airborne particulates in many cities are 2-5 times
the maximum concentrations recommended by
the World Health Organization.
Death from respiratory diseases is the second
leading cause of death in China.
Acid rain affects about 30% of China, and China
contributes to over half of the acid rainfall in
Japan and 80% in South Korea.
Ozone Depletion
In the Montreal Protocol, there was a 10
year lag time for developing countries to
accede to CFC prohibitions.
China, as well as India, also initially
resisted acceding to the Montreal Protocol,
and China remains the biggest “producer”
of CFCs.
Global Climate Change
China will surpass the United States to be
the largest emitter of GHGs by
approximately 2020.
China’s emissions alone will likely
undercut whatever progress is made
under the Kyoto Protocol.
Developing World GHG Emissions
China’s Governmental Structure
(and Courts)
Since the “opening” of
China in 1978, the
government has
recognized the need
to rebuild a “rule of
law” (legal
infrastructure) (fn1)
(fn2)
Rebuilt
As a result, the legal system is being
rebuilt almost from scratch.
– Judges are mostly untrained
– Lawyers are not highly organized and have
little independence from the authority of the
political state
– The legal system is presently unprepared to
adequately address China’s environmental
issues
Chinese Environmental Laws –
“The Green Dragon”
Many of the largest environmental
disasters occurred in communist countries
like the Soviet Union and China because
authoritarian regimes repress dissenting
opinions on issues of public concern, such
as the environment
Transplanting sophisticated Western
environmental laws may prove ineffective
because of the lack of a solid institutional
infrastructure
Building a Legal System
China is focused on building an efficient and
effective legal system, largely through the
training of new lawyers and judges
– Focusing on the enforcement of basic, individual
rights has been fundamental to the development of
environmental law in other legal systems
– Strengthening the basic legal system can lead to a
“virtuous circle” with respect to public pressure and
monitoring for environmental protection
Administrative Bureaucracy
In addition to building up the basic system,
China has attempted to strengthen its
administrative bureaucracy, with some success
– 1975:
established the Environmental Protection Bureau, the first
national body to address environmental matters
– 1988:
it was replaced by the National Environmental Protection
Commission
Still searching for an identity…
– 1992:
that was replaced by the National Environmental Protection
Agency (NEPA)
– NEPA only had sub-ministry status, meaning it had to report to
more powerful law-making authorities
– 1998:
NEPA was again renamed, this time becoming the State
Environmental Protection Administration (SEPA)
– SEPA was given the rank of full ministry, but only has an
approximate staff of 200 people at the national level
All of this shows a very gradual improvement in
administrative capacity
Government’s Goals
After spending $43.5 billion on environmental
problems from 1996 to 2000, the government
has pledged to double expenditures over the
next five years to $84 billion
The government has also announced a goal to
reduce air, water, and soil pollution by ten
percent from 2000 benchmarks (a major
motivation being the 2008 Olympics in Beijing)
Too Many Laws, No Enforcement
However, China has put dozens of
environmental statutes and hundreds of
regulations on the books, with varying results
Having too many statutes and a weak legal
infrastructure is a dangerous proposition
Chinese proverb - “The more rules are
promulgated, the greater the number of thieves”
And What Do These Laws Mean?
Vagueness has always been an issue with
Chinese environmental laws (sound familiar?)
– An early statute addressing air pollution simply stated
that government officials should protect human health
against air pollution in the interests of “socialist
modernization”
Keep in mind that the legal infrastructure of
China is not capable of interpreting vague
statutes in the same manner as Western nations
in order to make them enforceable
Signs of Improvement
A recent air pollution statute does show a
commitment to environmental issues
– Passed in 1995
– Addressed:
Clean production technology
Coal washing
Acid rain controls
Phase out of leaded gasoline
Further Signs
Revised in 2000 to encourage:
– Sustainable development
– Increased use of renewable energy
– Authorization of major cities to ban nonsustainable activities
– Increased use of natural gas
– Decreases in coal
– Technology standards for automobiles
– Increased sanctions for violations
Other Positive Signs
Recently, the government shut down 823
businesses for violating pollution laws (fn1)
Beijing had set a target to keep pollutants
in the year 2000 at 1995 levels (fn2)
China and the UNFCCC
An official with the Chinese
Meteorological Administration recently
stated that China attaches great
importance to the UNFCCC and has
done effective work to that end
Chen Yaobang, the Forestry Minister, sees
China's afforestation and population
growth controls as China's great
contributions to the UNFCCC effort.
– He states that China is willing to tackle climate
change by
continuing population control,
encouraging energy efficiency, and
researching renewable energy
Unfortunately, while these efforts
satisfy China's requirements under
the UNFCCC, they do little to prevent
China from adding massive amounts
of GHGs to the atmosphere.
Lack of Non-Governmental
Institutions
Perhaps China’s biggest problem is the
lack of non-governmental institutions (i.e.,
NGOs)
Public pressure is an important tool in
environmental law, and a catalyst for
change
NGOs
To that end, the role of the NGO could be
very important to the improvement of
Chinese environmental law
NGOs were traditionally prohibited, and
are still proscribed when thought to harbor
dissidents (democratic advocacy)
Categories of NGOs
There are three types of NGOs in China:
– Communist Party-sponsored groups that are
overtly political (GONGOs- government
organized non-governmental organizations)
– Officially recognized non-governmental
organizations
– Unofficial groups without government
recognitions
Governmental Approval
The need for governmental approval
means that “there is virtually no such thing
as a completely non-governmental
institution in China”
– “Beyond ‘Linkage’ and ‘Engagement’: A New
Approach to U.S. China Policy”
(www.lchr.org/hongkong/chinapol98.htm)
NGOs
However, in 1998, there were 200,000
recognized NGOs, and 800,000 unrecognizedmany advocating environmental interests
As the phenomenon increases, these NGOs
can:
–
–
–
–
Lobby
Support activism
Educate
Act as regulatory watchdogs
Outside Influences
Finally, because of China’s still developing
infrastructure, the need for international
agreements and the participation of private
business is critical
GHG Issue
• Problem of
GHGs in China
Problem of GHGs in China
China is the second largest contributor to
the greenhouse effect
– It emits fourteen percent of the world's GHGs
– In comparison, the United States emits
twenty-two percent
Projections
Developing nations are expected to account for
more than seventy-five percent of the global
increase in carbon emissions between 1990 and
2020.
One statistical model suggests that by 2020,
energy consumption in Asian developing nations
(such as China, India, Australia, and New
Zealand, but not Japan) will surpass North
America by thirty-six percent.
– To put this in perspective, today North America uses
thirty-three percent more energy than these nations.
GHG Emission Projections
While Kyoto sought to lower GHG
emissions to 1990 levels, global GHG
emissions are predicted to exceed 1990
levels by thirty-two percent by 2010
– This statistic reflects the problem with omitting
binding obligations on developing states
whose energy consumption is rapidly
increasing.
Global Environment
The expected motorization of developing
nations by 2020, and the prediction that
developing nations will consume the same
amount of fossil fuels as developed
nations by the same year suggests that
more attention must be paid to the impact
that the economies of developing nations
are having on the global environment.
Growing in an Environmentally
Unsound Direction
Ignores the fact that these states are growing
rapidly, and growing in an environmentally
unsound direction.
– Allowing different standards for different countries
encourages the exact kind of behavior that the
international environmental community is trying to
prevent.
– These differing standards can lead to a race to the
bottom where GHG emitting industries are outsourced
to the countries with the lowest standards.
Reliance on Coal
(fn1)
(fn2)
China has an overwhelming reliance on
coal-fired power production
– China's Environmental Protection Bureau
Chief Song Dian Tang has stated that “China
will have to use coal as its principal source of
energy for the next 100 years.”
Projected to increase from today's 0.7
billion tons to 3.2 billion tons by the year
2025
Efficiency
A typical American power plant operates at
a thirty-six percent efficiency rate
The average Chinese power plant's
efficiency rate is only six percent.
Consequently, the Chinese must use six
times more coal to produce an equivalent
amount of U.S.-produced energy.
Energy Consumption
However, China's energy consumption per
capita is less than one-tenth of what developed
countries' citizens enjoy
Even so, consumption is expected to rise
dramatically in the future
– If China's energy consumption rises as expected, its
annual CO2 emissions will reach 2380 metric tons of
carbon in 2020, more than triple 1995 levels.
– Such a level would constitute forty percent of global
emissions and would likely undercut whatever
progress is made by developed countries' emissions
reductions
Steps Taken
In response to severe localized air pollution and acid rain
near urban centers, China instituted some controls on
CO2 emissions.
Article 26 of China's 1982 Constitution establishes the
State's duty to protect and improve the environment and
preserve forests.
– China enacted an Environmental Protection Law with fees and
fines for those polluters that exceed National Emissions Norms
set by the State Environmental Protection Agency (the Agency).
– The energy sector is targeted in current regulations, and the
Agency is considering new control requirements for power
plants, such as scrubbers and reduced emissions levels.
Increased Vehicle Use and
Personal Energy Use
In addition to increased coal consumption,
there is a concern that China's
marketization will lead to increased vehicle
use and personal energy use, thus
exacerbating the CO2 emissions problem.
Until now, more than one in three Chinese
used a bicycle as their exclusive means of
transportation.
Cars = Success
Cars, however, are increasingly becoming
symbols of success.
At a crossroads, China must decide
whether to encourage driving by creating
national highways or to discourage driving
by creating a comprehensive mass transit
system.
– Unfortunately, China appears to have chosen
the former path, by embracing the car industry
as a "pillar" of its growing economy.
In fact, by the year 2000, China aims to
produce three million cars per year for
domestic use.
It is expected that if the Chinese acquire
and use cars to the extent Americans do,
its drivers alone would be contributing over
nineteen percent of the world's GHG
emissions.
Opposed to Limits on Personal
Energy Consumption
Li Junfeng, a senior energy researcher at the
State Planning Commission in Beijing, explained
that limits on personal energy use are viewed as
a barrier to prosperity:
– “You try to tell the people of Beijing that they can't buy
a car or an air-conditioner because of the global
climate-change issue....It is just as hot in Beijing as it
is in Washington....When people get rich, they want to
buy an air-conditioner or a car; that will increase
energy consumption.”
"One should not give up eating for
fear of choking.“ – Chinese Proverb
China sees its development as necessary to
provide basic amenities to its people
– Attention to environmental issues is a luxury that
developing countries cannot afford.
Stringent controls are viewed as offensive to
developing countries like China - tantamount to
telling these nations to stay poor.
The message of restricted development touted
by the developed world is seen as hypocritical
since no one told them to halt their own
industrialization for the sake of the environment.
Kyoto Protocol –
A Flawed Document
• Problems with the Kyoto approach
Flaws in Kyoto Protocol
Three flaws:
(1) Failing to set simultaneously both targets
and ground rules for implementation
(2) Ducking the issue of developing country
participation; and,
(3) Setting unrealistic and unjustified targets in
the first commitment period.
International Emissions Trading
Problem
Emission allowance trading has worked
well in the domestic setting
But, international greenhouse gas (GHG)
trading system creates complications
– The key disagreement: the use of forest and
agricultural sinks
Sinks Problem
The world's forests and oceans are natural
regulators of carbon dioxide, and thus are
regarded as “sinks.”
Sinks can also be created through storing
CO2 in the same formations that fossil
fuels are drawn from.
Sinks make economic and climate sense if one
trusts that the sinks will be measured and
monitored accurately.
The EU imagined sinks would gut the
reductions, and therefore hesitated to include
sinks, and without proven methods for verifying
the amounts sequestered, would result in no real
climate benefit.
U.S. wanted them desperately, and once the
U.S. withdrew from negotiations, the EU agreed
on very specific numerical limits on sinks to
induce Japan, Canada, Australia, and Russia to
agree.
“Hot-Air” Problem
Developed countries with economies in transition were
supposed to reach 1990 levels of emissions, however,
since these countries faced economic downfall post1990, they have experienced approximately a 30%
reduction in GHGs.
– Therefore, countries with economies in transition have been
given surplus emissions allocations, known as “hot-air.”
Once negotiation process begins for developing
countries, these countries may rely upon the granting of
“hot-air” as precedent.
Further delay or limiting developing countries reduction
commitments will cause a further increase in GHGs.
Focus Not on Environment
A CBDR approach focuses too heavily on
economic and social, as opposed to
environmental, concerns.
Additionally, this approach ignores the strong
notion that environmental and economic issues
are inextricably intertwined.
By placing economic concerns ahead of
environmental ones, the international community
is ignoring the severity of the current global
warming crisis.
Short-term Perspective
Kyoto ignores the changing complexions
of developing states
And accordingly, fails to treat
environmental and economic concerns as
equals in establishing a long-term solution.
Potential Approaches
• Within the structure of Kyoto
– Carbon emissions tax
– Tradable credits
• Modified CBDR
• Separate US/China treaty
Within the Structure of Kyoto
- Carbon Emissions Tax
Carbon emissions tax
– No grandfathering, more flexibility
– If uniform tax based on social cost of emitting
another ton of GHG
No concern about selling off future generation’s
right to use environment
Carbon Emissions Tax Problems
May not be realistic
– Affects rich and poor the same
– Can fall heavily on either economies and
cause serious recessions
Solve this by phasing in slowly?
Does an emission tax really limit emissions?
– It does encourage pollution control technology
and would allow people to understand social cost
of pollution
Estimated a carbon tax may raise electricity
rates in US by 32%
Just as with tradable- is this enforceable on
international level?
Does the international fund raise sovereignty
issues? Where does an international tax go?
Within the Structure of Kyoto Tradable Credits
Sophisticated market-based trading programs
are difficult to implement in China because of its
lack of a strong, legal infrastructure
– Without an adequately developed administrative
regime, scheme is unlikely to work
– No regulatory watchdogs
– Something simpler, like increasing charges on coal, is
more realistic
Though leaves open the possibility of misuse by the entity
that benefits from the charges
At first, tradable credits seemed quite
attractive
– US got into Article 17 of Kyoto
– More economically efficient than command
and control
Let the market do the work
If distributed based upon past usage,
then they cost nothing to existing
sources
If distributed per capita, then it gives
countries burdened with
overpopulation (i.e., developing) an
emissions cushion
Encourages transfer of advanced
pollution control technology
Problems with Tradable Credits
The wealthiest countries and corporation
will buy up all the permits
Environmental quality becomes another
resource to be mismanaged
Demand for environmental quality often
increases with wealth, so poorer countries
will sell off permits because they value
quality less
Problems with Tradable Credits
No guarantee money accepted by poorer
countries will go to improving the burdened
society
Often grandfather the countries that produced
most GHGs in the past
– Almost a reward system for causing environmental
damage
If existing sources get the credits, and don’t
have to improve, are we doing anything for
environmental protection?
How Tradable are These Credits?
If make less tradable after initial scheme,
limiting options for future generations
– If make permits temporary, will cause
increased transaction costs and hurt efficiency
– If transactions costs are high, less likely to
reach proper ultimate user
Those that can’t cover the costs will trade less, and
face greater pollution
Modified CBDR
“The self-evident truth that an ounce of
prevention is better than a pound of cure
has for some time now been reflected in
the international law related to the
environment.”
Efforts geared toward remedying the GHG
emission problem must focus on the
future, not the past.
CBDR should be modified so that
absolute standards are set for GHG
emissions and at the same time
developed countries are held
responsible for their historical
culpability.
Two-prong Approach
1. Absolute emissions standards and
2. Differential norms of contribution
recognizing present financial capability.
Benefits of Binding Obligations
Developing nations argue that the
implementation of binding obligations will
hinder their economic development and
growth in the long term
BUT:
– By taking steps now to create environmentally
efficient industry, developing countries will
make themselves more competitive with
developed countries that are already making
this transition
More Benefits
Present environmental protection will benefit
developing nations economically in the long run,
because expensive new environmental crises
can be avoided by instigating present
preventative action
Such benefits include an increased sense of
national well-being, decreased water and air
pollution, increased agricultural output, and a
healthier and more productive workforce
Immediate Preventative and
Precautionary Efforts Needed
While many developing nations are currently
suffering from domestic medical and sanitation
epidemics, developing their economies in an
environmentally destructive manner will not cure
this problem, and will create even graver
consequences in the future.
The relationship between human health and a
healthy environment is too strong to suggest that
developing nations can pursue environmentally
damaging industry without serious human health
effects.
Developing Countries’ Equity
Argument: the Moral Perspective
An urgent and undeniable imperative
exists that the standard of living of the
world's poorest be improved.
Roughly one billion people live in "absolute
poverty."
Environmental norms must be structured
so as to minimize interference with the
effort to lift people from absolute poverty.
Poverty Eradication
Poverty eradication is clearly the primary
focus of developing nations, with food,
clothing, and shelter taking priority over
social and aesthetic needs.
Developing nations fear "recolonization
through environmental conditionalities" by
developed nations.
Problems with Implementation of a
Modified CBDR
Developing and developed nations’
reluctance
Economic feasibility
Temporal feasibility
Developing and Developed
Nations’ Reluctance
Developed nations’ reluctance arises
because they will bear the initial upfront
costs of technology
Developing nations’ reluctance stems from
the belief that their economies will be
unduly burdened by absolute standards
and their present comfort with the ability to
continue to be environmentally destructive
Economic Feasibility
Modified CDBR will lead to an
unprecedented redistribution of
international wealth
Temporal Feasibility
Unclear how long it would take for
developed states to transfer technology
and funds
Problem with balancing what is an
equitable amount of time for
implementation and dealing with the GHG
problem as quickly as possible
Counter-arguments to these
Problems
Environmentally sound development is an
economic benefit to developing nations in the
long-run.
Developed countries have an incentive to invest
in developing countries because
– it prevents industries from leaving developed nations
– prevents future costs associated with mitigating
environmental damage, and
– creates a more uniform international marketplace
Separate US/China Treaty
Although China seems determined to use coal
as a means to assure rapid industrial
development, it has been open to technological
assistance to reduce its CO2 emissions.
– The World Bank, the United States and Japan have
offered technical and financial assistance to increase
energy efficiency and reduce GHG emissions in
China.
However, with its huge coal reserves, China is likely to
continue using coal-fired power plants to meet its energy
needs, as limiting coal consumption will inhibit China's
industrial development.
US EPA
In addition to China's professed support of the
UNFCCC, efforts have been made to address its
GHG emissions through cooperative
agreements and international measures.
The U.S. Environmental Protection Agency and
China's State Environmental Protection Agency
established joint programs to promote research
on China's GHG sources and sinks.
Beijing Efficiency Center
Together, they have also established the
Beijing Efficiency Center to
– promote energy efficiency
– provide guidance to local governments
– educate the public
– to run technical training programs.
American assistance has totaled
approximately US$ 10 million.
Additional Sources
Similarly, China has received $183 million in soft loans
from Japan's Green Aid program to help implement SO2
emission controls by the year 2000.
Development banks, such as the World Bank and the
Asian Development Bank, are additional sources of
financial support for UNFCCC goals, which can often
lead to additional private funding.
However, such banks are able to assist only with a small
portion of the projects that will need to be done in China,
and China appears to have lost patience with the World
Bank's conditional loans.
Conclusion
• One of international environmental law’s
most basic themes is the concept of
‘common, but differentiated
responsibilities’
• However, international environmental law
does have another basic theme
– One country is not permitted to contribute to
another country’s environmental damage.
• Isn’t this precisely what China is doing?
Tough Challenges
China is projected to be responsible for
40% of global GHG emissions within the
next 20-25 years.
This increase will make all other GHG
reduction efforts moot.
Solving the issue will require
unprecedented international cooperation,
speed, and MONEY.
Is this the best time to be calling for
unprecedented international cooperation?
Isn’t a lot of cash already being diverted to
other “international projects”?
There are no easy answers, but right now,
we need some solutions.
After all, a lot is riding on this. . .