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Ecological Debt and Multilateral Environmental Agreements (MEAs) Jesse Lambrecht - Department of Public International Law (UGent) Ecological Debt and Multilateral Environmental Agreements Outline Research framework Links with MEAs Obstacles Ecological Debt and Multilateral Environmental Agreements Research framework (1) VLIR-BVO project: core research + modular research Module 3: MEAs January – June 2004 Ecological Debt and Multilateral Environmental Agreements Research framework (2) Questions: “In what way can ecological debt be integrated?” “What are the obstacles in present context?” “What kind of solutions might be found?” Ecological Debt and Multilateral Environmental Agreements Research framework (2) Questions: “In what way can ecological debt be integrated?” “What are the obstacles in present context?” “What kind of solutions might be found?” Ecological Debt and Multilateral Environmental Agreements Working definition The ecological debt of country A consists of: 1. The ecological damage caused over time by country A in other countries or in an area under jurisdiction of another country through its production and consumption patterns; and/or 2. The ecological damage caused over time by country A to ecosystems beyond national jurisdiction through its consumption and production patterns; and/or 3. the exploitation or use of ecosystems and ecosystem goods and services over time by country A, at the expense of the equitable rights to these ecosystems and ecosystem goods and services by other countries or individuals. Ecological Debt and Multilateral Environmental Agreements Outline Research framework Links with MEAs Obstacles Ecological Debt and Multilateral Environmental Agreements Links in existing MEAs (1) Examined MEAs: United Nations Framework Convention on Climate Change (UNFCCC) & Kyoto Protocol Convention on Biological Diversity (CBD) & Cartagena Protocol United Nations Convention to Combat Desertification (UNCCD) Vienna Convention for the Protection of the Ozone Layer (Vienna Convention) & Montreal Protocol Convention concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention) Ecological Debt and Multilateral Environmental Agreements Links in existing MEAs (2) No direct reference Links: ‘indirect’ reference Principle of intra- and intergenerational equity Principle of common but differentiated responsibilities Adaptation Fund (Kyoto Protocol) Equitable Benefit Sharing (CBD) Ecological Debt and Multilateral Environmental Agreements Principle of intra- and intergenerational equity: Principle 3, Rio Declaration Protecting the environment for present and future generations Several MEAs: UNFCCC (Preamble, art. 3(1)); CBD (Preamble, art. 2); UNCCD (Preamble) Ecological Debt and Multilateral Environmental Agreements Principle of common but differentiated responsibilities: Principle 7, Rio Declaration Global environmental problems Developed countries have different (= larger) responsibility Several MEAs: UNFCCC (art. 3(1), 4(1)); Kyoto Protocol (art. 10, art. 13 (4), c and d); Montreal Protocol (art. 5) ... Ecological Debt and Multilateral Environmental Agreements Adaptation Fund (Kyoto Protocol): Background ° 2001 - not yet operational Finance implementation of concrete adaptation projects and programmes Generated by 2% share of proceeds on CDM project activities + additional funding Special Climate Change Fund, Least Developed Countries Fund Ecological Debt and Multilateral Environmental Agreements Equitable Benefit Sharing (CBD): Art. 15 (7) and 19 (1) & (2) CBD: Fair sharing of benefits arising from the use of genetic resources Biodiversity Prospecting Agreements No other links concerning use of natural resources with equitable compensation Ecological Debt and Multilateral Environmental Agreements Other links (1) The Brazilian Proposal: UNFCCC + ‘legal instrument’ Use of an agreed simple climate model GHG emission reductions of industrialised countries based on contribution to temp. increase on earth, not on current emissions Historical responsibility Keeps turning up in negotiations Ecological Debt and Multilateral Environmental Agreements Other links (2) Statements: Build up to WSSD Backed by studies? Ecological Debt and Multilateral Environmental Agreements Outline Research framework Links with MEAs Obstacles Ecological Debt and Multilateral Environmental Agreements Obstacles Sovereign rights of states: Basic principle in International Law Principle 21 Stockholm Declaration: balancing? International Seabed Authority Most links are future-orientated Use of natural resources with equitable compensation? Ecological Debt and Multilateral Environmental Agreements Final remarks Module Energy / Climate: certain basis in MEAs Module Agriculture / Food supply: basis less evident Need for further research