Issue 1/2010

- Technology Transfer in the International Climate Negotiations
- Proposals on Carbon-related Border Adjustments: Prospects for WTO Compliance
- The Legacy of the Climate Talks in Copenhagen: Hopenhagen or Brokenhagen?
- ...

Technology Transfer in the International Climate Negotiations ‚Äď The State of Play and Suggestions for the Way Forward
Christiane Gerstetter, Dominic Marcellino, Elena Von Sperber
Facilitating the transfer of climate technologies is one of the main elements of the ongoing climate change negotiations. Despite limited progress overall during COP 15 in Copenhagen, clear progress has been made on the issue of technology transfer. Challenging issues remain for future negotiations, but consensus is evident on several important features, including the establishment of a technology mechanism and a new green climate fund. This article assesses the current state of the technology negotiations and draws lessons from experience and the academic literature to provide recommendations for the implementation of these proposed, new institutional mechanisms.
The Eco-Patent Commons and Environmental Technology Transfer: Implications for Efforts to Tackle Climate Change
Mark Van Hoorebeek, William Onzivu
This article explores the potential role and pitfalls of corporate initiatives related to access to intellectual property in the transfer of environmentally friendly technology especially to developing countries. An initial investigation of how patents can affect environmentally beneficial technology transfer is forwarded, contrasting the approaches of the public and private sector in the encouragement of environmentally beneficial technology transfer. A wide variety of potential influences are analyzed, with specific focus being placed on the eco-patent commons project, the international encouragement of clean technologies, patent pools, open source systems, and enabled invention disclosures. This is analyzed in the context of the quest to encourage climate-friendly technologies.
Sector No Lose Targets in the Context of a Post-2012 Climate Agreement
Martina F.S. Hofmann
This article analyzes the issues that must be addressed to develop a viable sector no lose target option in the context of a post-2012 international climate regime. It will explain the concept and the challenges that need to be overcome for sector no lose targets to make a contribution to the United Nations Framework Convention on Climate Change objective of stabilizing greenhouse gas concentrations in the atmosphere. These challenges include the determination of baselines and crediting targets, measuring, reporting and verification of emissions, implementation of policy measures at the domestic level, engaging the private sector, dealing with the uncertainty of supply of and demand for carbon credits and the legal and institutional framework required to implement sector no lose targets.
Gas Flaring in Developing Countries ‚Äď Need for Kyoto Mechanisms or Sectoral Crediting Mechanisms
Cathy Suykens
Gas flaring is a phenomenon that is wasteful in terms of valuable resources as well as a contributor to global GHG emissions, and occurs mostly in developing countries. It can only be mitigated through long-term and strategic investments, involving a myriad of stakeholders. A crediting mechanism could be seen as a starting point to create incentives for both private and public parties to build infrastructure enabling the utilisation of the associated gas. In this paper, the Clean Development Mechanism is examined to determine its adequacy in this regard. As the CDM provides limited means due to its single-project nature, this paper further explores Sectoral Crediting Mechanisms, which reflect a more sustainable approach.
Proposals on Carbon-related Border Adjustments: Prospects for WTO Compliance
Kateryna Holzer
Recently the practice of border adjustment in international trade has attracted much interest in the context of climate change. The risk of carbon leakage, the competitive disadvantage of industries in countries introducing a cap on emissions and the desire to induce large greenhouse gases emitting countries to join international climate change mitigation actions are the main reasons for considering import restrictions on products with high carbon footprint originating from uncapped nations.
Protectionism under a Green Label: Analysis in Light of the Waxman-Markey Climate Change Bill of 2009
B.A., LLB (H) Vijay Bishnoi
This research article analyzes and evaluates the key provisions of the Waxman-Markey Climate Change Bill, which was introduced to establish an aggressive cap-and-trade programme aimed at promoting renewable energy, energy efficiency, and reducing global warming pollution. However, the bill became controversial and was opposed by various countries as the provisions of the bill are against rules of the WTO. Developing countries are viewing it as an attempt to extra-territorially enforce carbon emission standards on their products and production processes, even when the latter do not have the financial capacity nor technology to effectively adopt and comply with such standards. The bill was proposed while the entire world was facing a financial crisis and the protectionism measures in the bill may further deepen the crisis. The paper ends with the conclusion that the present bill is insufficient as to control of carbon emissions, given its nature, until 2026 and it creates a volatile carbon market dominated by short-term financial gain incentives.
Improving the Clean Development Mechanism Post-2012: A Developing Country Perspective
Nhan T. Nguyen, Minh Ha-Duong, Sandra Greiner, Michael Mehling
In this article, we assess the future prospects of the Clean Development Mechanism (CDM) from the perspective of a developing country, drawing on Vietnam as a case study. First, we review the performance of the CDM and describe the evolution of carbon markets on the path towards a post-2012 climate regime. Next, we place Vietnam in a post-2012 context, and assess potential project resources, challenges, and opportunities that could arise for the country from a future climate policy framework. Our analysis suggests that the CDM should remain in place and be improved to facilitate more meaningful participation by developing countries in climate mitigation efforts beyond 2012. Finally, the article sets out eight proposals that could help improve the CDM as the world progresses towards a new international climate policy framework.
The Legacy of the Climate Talks in Copenhagen: Hopenhagen or Brokenhagen?
Dr. Meinhard Doelle
This article explores the process and substance of the Copenhagen climate talks in December, 2009, and what they may mean for the future of the climate change regime. The negotiations are considered in their historical context. The substance is assessed against the mandate for the negotiations set in Bali, Indonesia in 2007. The negotiating dynamics are explored by assessing the role of each of the key players. The path forward from Copenhagen under the United Nations Framework Convention on Climate Change (UNFCCC) is considered in light of the substantive outcome and the effect of the Copenhagen talks on the negotiating dynamics. The article concludes by briefly exploring some alternatives to the current approach to climate change under the UNFCCC.


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