Issue 3/2009

- Issues for Long Term Climate Policy in Developing Countries
- Designing REDD to Protect Biodiversity
- The Carbon Market and the Post-2012 Climate Regime
- ...

One, Two or One and a Half Protocols? An Assessment of Suggested Options for the Legal Form of the Post-2012 Climate Regime
Lutz Morgenstern
The current international climate regime basically consists of two treaties: The United Nations Framework Convention on Climate Change (UNFCCC) adopted in 1992, which has nearly universal membership, and the Kyoto Protocol adopted in 1997. The latter treaty obliges developed states listed in Annex I of the UNFCCC to limit or reduce their greenhouse gas emissions by the amount inscribed in Annex B of the Kyoto Protocol. However, it only provides for a first commitment period lasting from 2008 to 2012. Thus, there is an urgent need to establish new rules ensuring further emission reductions after 2012.
Stakeholder-based Scenarios for Post-2012 Climate Policy: A Participatory Approach
Ronal Gainza-Carmenates, J. Carlos Altamirano-Cabrera, Philippe Thalmann, J. Luis Carrasco-Terceros
Beginning in the early 1970s, the application of scenario analysis to environmental issues has been a well-established field. Since then, environmental scenario analysis has been used to examine many different scales and types of environmental problems, ranging from global sustainability to specific issues such as changes in emissions, air quality, or land cover in a specific region. Environmental scenarios provide an interdisciplinary framework for analyzing complex environmental problems and envisioning solutions for these problems by, for example, establishing a link between environmental science and policy.
Climate Change, Justice, and Clean Development – A Review of the Copenhagen Negotiating Draft
Prof. Dr. Felix Ekardt, Anne-Katrin Exner, Sibylle Albrecht
Global climate protection will be at the center of negotiations during the Copenhagen Conference in December 2009. It is very likely that climate change is raising challenges for mankind which have never existed in these dimensions before. In view of the sheer enormity of these challenges, we might also have to consider solutions which have previously never existed.
The Carbon Market and the Post-2012 Climate Regime: Key Legal Scenarios
Dr. Kati Kulovesi
Negotiations on the post-2012 climate regime under the UNFCCC are entering a crucial phase. They are scheduled to be completed at COP 15 in Copenhagen in December 2009. The outcome will have important consequences for the carbon market. The scope and ambitiousness of the agreement on mitigation IN THE post-2012 PERIOD will be crucial for the international demand and supply of credits, and the post-2012 legal framework will determine the general conditions for transactions under the UNFCCC REGIME.
Institutional Mechanisms to Address the AAU Reserves in a Post-2012 Agreement
Alexander Averchenkov, Dr. Alina Averchenkova
Russia, Ukraine, Poland, and some other countries will have large surpluses of Assigned Amount Units (AAUs) in the first commitment period of the Kyoto Protocol (2008-2012). This is likely to emerge as one of the central challenges during the post-2012 negotiations. This article proposes a mechanism for addressing the issue through an International AAU Reserve Fund that would facilitate acceptance of more stringent emission reduction commitments by the developed countries post-2012 based on the AAUs reserve accumulated pre-2012.
Identifying Countries that are Particularly Vulnerable to the Adverse Effects of Climate Change: An Academic or a Political Challenge?
Dr. Richard J.T. Klein
The United Nations Framework Convention on Climate Change (UNFCCC) commits developed countries “to assist developing countries that are particularly vulnerable to the adverse effects of climate change in meeting costs of adaptation to those adverse effects” (Article 4.4). Ever since the Convention was agreed in 1992, the question has arisen of what it means to be “particularly vulnerable”, and how it is decided which countries fall into this category.
Technology Transfer and Financing: Issues for Long Term Climate Policy in Developing Countries
Ujjwal Kacker
Climate change is generally recognized as the central environmental problem facing the globe. Evidence is building that impacts are being felt in the form of melting icecaps in the polar areas and increased variability of temperature, rainfall and storms in virtually all regions. The scientific consensus underpinning the rising political and public recognition of the climate problem has been captured in the recent reports of the Intergovernmental Panel on Climate Change (IPCC). While developed countries are responsible for the bulk of accumulated emissions, developing countries shares have been growing in recent years.
Community-based Monitoring, Reporting and Verification of REDD Projects: Innovative Potentials for Benefit Sharing
Kristy Graham, Amelia Thorpe
The importance of forests in regulating the global climate, particularly as a store and sink of carbon, is widely recognised. Forest protection as a climate mitigation measure has been acknowledged at the international level, and has been an important element of UNFCCC discussions since its inclusion in the Bali Action Plan at the 13th Conference of the Parties in Bali, Indonesia in 2007 (COP 13).3 The REDD debate has developed into its current form, REDD plus,4 which also includes sustainable forest management, conservation and enhancement of carbon stocks in the suite of actions that may be eligible for international funding.
Taking Adaptation Value Seriously: Designing REDD to Protect Biodiversity
Andrew Long
The inter-related challenges of climate change and biodiversity loss present serious threats to the future of life on earth, while posing some of the most challenging issues in international law and policy. Climate change will exacerbate biodiversity loss, while continued loss of biodiversity will undermine efforts to adapt to a changing climate. The issues are nowhere more closely linked than in tropical forests, where challenging governance and equity questions have undermined prior international cooperative efforts.
In the REDD: A Conservative Approach to Reducing Emissions from Deforestation and Forest Degradation
Max Collett
In December 2009, the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) and the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol will meet in Copenhagen to discuss the international regulation of greenhouse gas (GHG) emissions after the first commitment period of the Kyoto Protocol expires in 2012. One of the key questions is whether, and if so, how, to include Reducing Emissions from Deforestation and forest Degradation (REDD) in developing countries as an internationally regulated activity.
Suspension of Eligibility to Use of the Kyoto Flexible Mechanisms: A Review of Substantive Issues (Part 2)
Uloma Onuma
This article assesses a vital aspect of the flexible mechanisms of the Kyoto Protocol: the rules governing participation in the carbon market created by these mechanisms, and the effects of non-compliance with applicable legal provisions. Part one of this two-part article described the flexible mechanisms of the Kyoto Protocol with a view to rules on market access, participation and eligibility. It proceeded to discuss suspension of eligibility to use the flexible mechanisms, starting with a description of the Kyoto Protocol’s compliance mechanism, and then drawing on the recent proceedings against Greece to assess the implications and consequences of ineligibility. In this second part, the author resumes her analysis by identifying the relevant legal provisions and their interpretation. She concludes with an examination of the evolving role of the Kyoto mechanisms beyond 2012.


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