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From Berlin to Bali and Beyond: The Role of Developing Countries in the Structuring of the Climate Regime Lavanya Rajamani Associate Professor Centre for Policy Research New Delhi Historical Influence: The FCCC, 1992 The burden sharing architecture of the FCCC The principle of common but differentiated responsibilities The “linking clause” in FCCC Article 4 (7) – “the extent to which developing country Parties will effectively implement their commitments ..will depend on the effective implementation by developed country Parties of their commitments under the Convention..” Preambular provisions recognizing that developing countries’ “share of global emissions” and “energy consumption” will grow Historical Influence: The Berlin Mandate, 1995 Launched the process to negotiate the Kyoto Protocol Specified that the process “shall” be guided by the principle of common but differentiated responsibility Required the process to aim at setting quantified emissions limitation and reduction objectives within specified time frames for Annex I Parties But not introduce any new commitments for non-Annex I Parties Historical Influence: The Kyoto Protocol, 1997 The Preamble to the Kyoto Protocol makes explicit reference to both the CBDR principle and the Berlin Mandate Article 10 reaffirms the CBDR principle Accordingly, the Protocol requires FCCC Annex I Parties to reduce their overall emissions of a basket of greenhouse gases by at least 5% below 1990 levels in the commitment period of 2008-2012 No new commitments for developing countries – no “voluntary commitments” Only avenue for participation in mitigation - the Clean Development Mechanism The Dialogue on Long term Cooperative Action, 2005-2007 One of two processes launched at Montreal, 2005: AWG-KP – Annex I Parties subsequent commitment periods Dialogue on Long term Cooperative Action, under FCCC The Dialogue covered actions by all Parties It was neither binding nor authorized to open negotiations leading to new commitments It held four workshops, between 2005-2007, and came to an end in Bali It led to the launch of a process at Bali to reach an “agreed outcome” by COP-15, Copenhagen, 2009 The Bali Action Plan, 2007 1. [The Conference of Parties] Decides to launch a comprehensive process to enable the full, effective and sustained implementation of the Convention through longterm cooperative action, now, up to and beyond 2012, in order to reach an agreed outcome and adopt a decision at its fifteenth session, by addressing, inter alia: (a) A shared vision for long-term cooperative action, including a long-term global goal for emission reductions, to achieve the ultimate objective of the Convention…; The Bali Action Plan & Industrialized Countries (b) Enhanced national/international action on mitigation of climate change, including, inter alia, consideration of: (i) Measurable, reportable and verifiable nationally appropriate mitigation commitments or actions, including quantified emission limitation and reduction objectives, by all developed country Parties, while ensuring the comparability of efforts among them, taking into account differences in their national circumstances; The Bali Action Plan & Developing Countries (b) Enhanced national/international action on mitigation of climate change, including, inter alia, consideration of: (ii) Nationally appropriate mitigation actions by developing country Parties in the context of sustainable development, supported and enabled by technology, financing and capacity-building, in a measurable, reportable and verifiable manner; Conspicuous Omissions in the text of the Bali Action Plan Indicative Range of GHG Mitigation Targets References to the work of the AWG - KP Dropped from the draft text after opposition from some industrialized and some developing countries Dropped from the draft text in deference to the wishes of the US, and a few other developed countries Positive references to the Kyoto Protocol Only reference to the Protocol - learning from the “experience in implementation of the Convention and its Kyoto Protocol” Evaluating the Bali Action Plan Requires all countries developing and developed to take measurable, reportable and verifiable nationally appropriate mitigation actions Permits a possible re-negotiation of the categories of developing and developed countries Emphasizes national strategies and actions thereby permitting experimentation with inexpensive mitigation options tailored to national circumstances and experiences Ensures the substantive re-engagement of the US with the climate regime But…. The substantive re-engagement of the US was wrought at considerable cost to the premises on which the Kyoto Protocol is built, in particular leadership from developed countries Developed countries have the option in the Bali Action Plan of taking commitments or actions, and these actions may or may not include quantified emission limitation and reduction objectives Context: Annex I Parties (excluding economies in transition) have increased their emissions by 11% from 1990 levels IPCC requires developed countries to reduce emissions by 10-40% by 2020 and 40-95% by 2050 to achieve stabilization levels of 450-550ppm CO2 eq Challenges Ahead: the Road to Copenhagen, 2009 Arriving at a “shared vision” An acceptable level of temperature increase (some increase being inevitable) A related stabilization target Determining the scope of “national/international action on mitigation” Defining “developed country Parties” and “developing country Parties” (and arriving at criterion to guide an effort sharing architecture between them) Defining “nationally appropriate” Defining “measurable, reportable and verifiable” Challenges Ahead Determining the scope of national/international action on mitigation” Determining the role of “quantified emission limitation and reduction objectives” Determining the precise link between assistance and actions required of developing countries Determining benchmarks or criterion for success results or efforts? Determining the relationship between the Kyoto Protocol process (AWG-KP) and the FCCC process (AWG-LCA) Challenges Ahead Enhanced Action on Adaptation Enhanced Action on Technology Removal of obstacles, and provision of incentives to scale up development and transfer of technology to developing countries Enhanced Action on provision of financial resources Investment and financial flows to address climate change Role of Developing Countries in the post-2012 era Measurable Reportable and Verifiable Nationally Appropriate Mitigation Actions (MRV NAMAs) National Pledges - top down aspirational goals, complemented by Sustainable Development Policies and Measures (SD-PAMS) Focus on climatic co-benefits of development actions and vice versa Register of MRV NAMAs to be maintained by the FCCC Secretariat – to ”Recognize and Reward” “Review, Rethink and Revise” Mechanism - if this voluntary self-election approach does not by 2016 indicate a trend or demonstrable progress towards 1530% below baseline by 2020 it will be time to rethink and revise Thank you