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Topic A: New Perspectives on the Kyoto Protocol UNEP FEMUN VIII . TOPIC A: New Perspectives on the Kyoto Protocol 1. 2. 3. 4. 5. 6. Abstract Introduction Topic Background Revision, revitalization or deposition? UN Measures Conclusions Guide Questions References “The world is very different now. For man holds in his mortal hands the power to abolish all forms of human poverty, and all forms of human life” -John F. Kennedy 2 ABSTRACT The United Nations Environment Programme (UNEP) is the United Nations entity for addressing environmental issues at a global and regional level. The UNEP was established on December 15, 1972 after the proposal of a body to act as the environmental conscience of the UN system at the UN Conference on the Human Environment in Stockholm. Its mandate emanates from the UN General Assembly resolution 2997 of December 15, 1972. The so called Agenda 21 was adopted at the UN Conference on Environment and Development in 1992. There are currently 58 members, which are elected by the General Assembly every 4 years. Since the mission of UNEP is to provide leadership and encourage partnership in caring for the environment by inspiring, informing and enabling nations and peoples to improve their quality of life without compromising that of future generation. The work of UNEP is done by assessing global, regional and national conditions and providing information for strengthening institutions for the appropriate management of the environment. UNEP also facilitates the transfer of knowledge and technology for sustainable development encouraging a new vision across different sectors inside a country. In its decision 25/13, UNEP Governing Council approved the 2010-2011 biennial programme of work and support budgets divided among six thematic sub-programmes: climate change; disaster and conflicts; ecosystem management; environmental governance; harmful substances and hazardous waste; and resource efficiency and sustainable production and consumption. Directly concerned with climate change and environmental governance is the reassessment of the Kyoto Protocol; this Programme will focus on the treaty in order to gain innovative useful perspectives on its current role within the international strategy against Climate Change. INTRODUCTION Over a decade ago, most countries joined an international treaty -- the United Nations Framework Convention on Climate Change (UNFCCC) -- to begin to consider what can be done to reduce global warming and to cope with whatever temperature increases are inevitable. More recently, a number of nations approved an addition to the treaty: the Kyoto Protocol (190 of the UNFCCC have ratified it), which has more powerful (and legally binding) measures. On the time of its completion the Kyoto Protocol was a state of the art piece of environmental legislation; however there has been a debate whether it is enough to cope with the climate crisis the world is facing nowadays. That is why it is extremely necessary to readdress the Protocol and consider possible changes to improve or strengthen its role in the strategy against global warming. The Conference of the Parties (COP1s) being 1 The word "conference" is not used here in the sense of "meeting" but rather of "association," which explains the seemingly redundant expression "fourth session of the Conference of the Parties." UNEP - F E M U N VIII the supreme body of the convention has the faculty of creating Decisions. These decisions are formal agreement that (unlike a resolution) leads to binding actions. It becomes part of the agreed body of decisions that direct the work of the UNEP. In case a decision is not viable the UNEP has the very important faculty of emitting declarations- which are non-binding political statement made by ministers attending a major meeting (e.g. the Geneva Ministerial Declaration of COP-2). These declarations are part of the integral strategy within different bodies of the UN known as the Environment Management Group. (http://www.unemg.org/Cooperation/InternationalEnvironmentGovernance/tabid/1198/Default.aspx) New Perspectives on the Kyoto Protocol B A C K G R O U N D Countries with commitments under the Kyoto Protocol to limit or reduce greenhouse gas emissions must meet their targets primarily through national measures. As an additional means of meeting these targets, the Kyoto Protocol introduced three market-based mechanisms, thereby creating what is now known as the “carbon market.” 2 The Kyoto mechanisms are: Emissions Trading The Clean Development Mechanism (CDM) Joint Implementation (JI) These mechanisms are aimed to stimulate sustainable development through technology transfer and investment, while helping countries with Kyoto commitments to meet their targets by reducing emissions or removing carbon from the atmosphere in other countries in a cost-effective way. Mechanisms also encourage the private sector and developing countries to contribute to emission reduction efforts. JI and CDM are the two project-based mechanisms which feed the carbon market. JI enables industrialized countries to carry out joint implementation projects with other developed countries, while the CDM involves investment in sustainable development projects that reduce emissions in developing countries. The carbon market is a key tool for reducing emissions worldwide. It was worth 30 billion USD in 2006 and is growing. 2 A popular but misleading term for a trading system through which countries may buy or sell units of greenhouse-gas emissions in an effort to meet their national limits on emissions, either under the Kyoto Protocol or under other agreements, such as that among member states of the European Union. The term comes from the fact that carbon dioxide is the predominant greenhouse gas and other gases are measured in units called "carbon-dioxide equivalents." UNEP - F E M U N VIII 3 R E V I S I O N , R E V I T A L I Z A T I O N O R D E P O S I T I O N ? 4 According to some authors the real problem with Kyoto is that it acted as if US and European energy interests actually owned the world's carbon sinks -- the living oceans, forests and soils that have to clean up the CO2 emitted when fossil fuels are burned. Based upon that assumption the Protocol gave those countries and other industrial nations the right to continue to steal these sinks from the rest of the world. The United States, with 5 percent of the world's population, is using up more than half of the total global carbon sinks( India and China, with about a third of the world's people, use far less). Even if the United States has not ratified the Protocol, had it done so it would still have been allowed to continue this disproportionate consumption of resources not owned by the US citizens? Europe made this problem worse by choosing to give away to its energy companies the permits it received under Kyoto. Pope claims that the EU should have auctioned them off, creating at least a vague semblance of a real market in which the fossil fuel producers would pay something for the CO2 pollution they sell. (Remember, CO2 is the oil industry's final product.) The Deutsche Bank, regarding the issue says that: “Auctioning of permits brings many advantages. ... Without auctions, the market value of the permits is being added to the price of the electricity. An auction could thus reduce the windfall profits of the electricity companies. ... A trading system that is as transparent and simple as possible is an important prerequisite for getting non-EU states interested in joining.” As for Kyoto’s approach to the problem of Third World emissions - basically allowing industrial nations to "trade" emission reductions in the developing world and avoid them domestically - has proved catastrophic, causing Newsweek's Emily Flynn Vencat to conclude that "Current emissions-trading schemes have proved to be little more than a shell game, allowing polluters in the developed world to shift the burden of making cuts onto factories in the developing world." In a few words polluters are not forced to pay for their polluting activities, a feature that must change in order to solve this problem within all possible scenarios. U N M E A S U R E S The UNEP , along with the Environment Management Group has been working with different resources, some of them come from previous work of the UN through the UNFCCC and the Kyoto Protocol has come up with a wide range of solutions to global warming, the most recent decisions are: Copenhagen Accord Decision 2/CP.15: “Adaptation to the adverse effects of climate change and the potential impacts of response measures is a challenge faced by all countries. Enhanced action and international cooperation on adaptation is urgently required to ensure the implementation of the Convention by enabling and supporting the implementation of adaptation actions aimed at reducing vulnerability and building resilience in developing countries, especially in those that are particularly vulnerable, especially least developed countries, small island developing States and Africa. We agree that developed countries shall provide adequate, predictable and sustainable financial resources, technology and capacity-building to support the implementation of adaptation action in developing countries.” Programme budget for the biennium 2010–2011 Decision 12/CP.15: This decision basically calls upon parties to finance the working budget with phrases such as: “Invites the Conference of the Parties serving as the meeting of UNEP - F E M U N VIII the Parties to the Kyoto Protocol, at its fifth session, to endorse the elements of the recommended budget as it applies to the Kyoto Protocol; 9. Approves a contingency budget for conference services, amounting to EUR 8,138,700, to be added to the programme budget for the biennium 2010–2011 in the event that the United Nations General Assembly decides not to provide resources for these activities in the United Nations regular budget (table 3); 10. Invites the United Nations General Assembly to decide at its sixty-fourth session on the issue of meeting the conference services expenses from its regular budget;” CONCLUSION The Kyoto Protocol, although vital to climate change fight, has weak spots that need urgent attention. One of this is the principle of “common but differentiated responsibilities”. This principle seems just and fair, however it is based upon the fact that developing countries are not required to make emissions cuts on the understanding that rich nations were historically responsible for global warming and so should take the lead, developing nations would follow later. These assuming all industrialized countries would rapidly ratify and apply the Protocol, which have not yet come to pass. Thus, even without any effective emission reductions in the first commitment period, the ratification of Kyoto is crucial for the further policy process of climate protection. On the positive side of Kyoto's perspectives; it has indeed established a broad-based international mechanism that provides a valuable starting point for efficient climate policies in the future. The treaty was provisioned to last until 2012, by then parties and other members of the international community will have to reach a new decision and commitment to continue climate change actions, learning from mistakes committed in the past. Delegates, the UNEP role in this issue will be to analyze and evaluate the Kyoto Protocol's mechanisms, its current application and the situation of the Protocol as a piece of environmental legislation. The previous work task must take into consideration the faculties of the UNEP and the principles stated in the UN charter, as well as the limitations and actions of each of the parties involved. Delegates the main objective of this Conference is for you to produce a decision or a declaration regarding the future status of the Kyoto Protocol; including guidelines for possible amendments or improvements in its different incumbent areas. All of the above must be achieved through diplomatic, viable and realistic means considering possible repercussions to the post Kyoto future, as well as the urgency climate change presents for the human race. Remember, a lot of work and effort has already been invested in environmental legislature and mechanisms; the Chair encourages you to use them and built upon them in order to make the process as speedy and productive as possible. GUIDE QUESTIONS Are the Kyoto Mechanisms proven to be effective? If not how can they be improved? The parties of Kyoto are currently countries, should companies or local governments be included in the Protocol? Could the inclusion of other actors be a way to solve the lack of ratification from some countries? Why? 2012 marks the end of the current Protocol, what changes should be added to the piece of environmental law resulting from that transition? Should other mechanism be included within the Protocol? If so which ones? UNEP - F E M U N VIII 5 FURTHER READING Delegates should be acquainted with the United Nations Charter and the faculties of UNEP, The Chair also recommends the following articles to give a wider perspective of the situation of the Kyoto Protocol and it implicated issues: Kyoto Protocol to the United Nations Framework Convention on Climate Change, FCCC/CP/L.7/Add.1, Kyoto. http://unfccc.int/resource/docs/convkp/kpeng.pdf (1997) Pope, Carl. The trouble with Kyoto. The Huffington Post. http://www.huffingtonpost.com/carl-pope/thetrouble-with-kyoto_b_43239.html 12/03/2007 Böhringer, Christoph. The Kyoto Protocol: a Review and Perspectives. CENTRE FOR EUROPEAN ECONOMIC RESEARCH. http://www.econstor.eu/bitstream/10419/23995/1/dp0361.pdf How the Kyoto Protocol Works. http://www.climatechange.gov.au/government/initiatives/kyoto/kyotoprotocol-works.aspx 19/02/2010 ANNEX A Examples of clean mechanisms implemented beyond Kyoto UNEP - F E M U N VIII 6 FOR FURTHER ASSISTANCE, OR IF YOU EXPERIMENT TROUBLE FINDING ANY OF THESE DOCUMENTS, FEEL FREE TO CONTACT THE CHAIR. REFERENCES Kyoto Protocol to the United Nations Framework Convention on Climate Change, FCCC/CP/L.7/Add.1, Kyoto. http://unfccc.int/resource/docs/convkp/kpeng.pdf (1997) Emission trading: clean development mechanism. http://knowledge.allianz.com/en/media/graphics/12/detail/ Decision 2/ CP15.FCCC/CP/2009/11/Add.1 http://unfccc.int/resource/docs/2009/cop15/eng/11a01.pdf#page=4 30/03/2010 Programme budget for the biennium 2010–2011 Decision 12/CP.15 FCCC/CP/2009/11/Add.1 http://unfccc.int/resource/docs/2009/cop15/eng/11a01.pdf#page=30 30/03/2010 Page, Bob. The Kyoto Protocol: The Origins of Our Dilemma. Journal of Business Administration and Policy Analysis. Volume: 30-31. (2002). Page Number: 125+. Pope, Carl. The trouble with Kyoto. The Huffington Post. http://www.huffingtonpost.com/carl-pope/thetrouble-with-kyoto_b_43239.html 12/03/2007 The Past and Future of the Kyoto Protocol. http://knowledge.allianz.com/en/globalissues/energy_co2/climate_politics/kyoto_protocol_bali.html 15/03/2010 http://www.unemg.org/Home/tabid/1120/Default.aspx NOTE: THE PRESENT DOCUMENT ONLY CONSTITUTES A GENERAL BACKGROUND FOR THE DELEGATE TO UNDERSTAND THE CONFLICT AND TO FOCUS ON THE MAIN ISSUES. IT IS RESPONSIBILITY OF THE DELEGATE TO MAKE A FURTHER RESEARCH ON THE TOPIC AND ON ITS DELEGATION’S OFFICIAL POSITION. BECAUSE OF THIS, IT IS A MUST FOR EACH DELEGATE TO PRESENT THEIR POSITION PAPER ON THE FIRST SESSION. UNEP - F E M U N VIII 7