Market Mechanisms in the Paris Climate Agreement: International Linkage under Article 6.2

The Harvard Project on Climate Agreements hosted a research workshop in Cambridge, Massachusetts, on July 14–15, 2016, the purpose of which was to identify options for elaborating and implementing the Paris Climate Agreement, and to identify policies and institutions that might complement or supplement the United Nations Framework Convention on Climate Change (UNFCCC) process.  We were motivated by our recognition that while the Paris Agreement sets forth an innovative and potentially effective policy architecture for dealing with global climate change, a great deal remains to be done to elaborate the accord, formulate required rules and guidelines, and specify means of implementation.

Participants in the workshop – International Climate Change Policy after Parisincluded twenty-one of the world’s leading researchers focusing on climate-change policy, representing the disciplines of economics, political science, international relations, and legal scholarship. They came from Argentina, Belgium, China, Germany, India, Italy, Norway, the United Kingdom, and the United States.  (A list of workshop participants is here, biographies here, and the agenda here.)

The Harvard Project will next focus on communicating the ideas, insights, and recommendations of workshop participants to climate negotiators and policy makers, in the expectation that they might prove useful in elaborating and implementing the Paris Agreement. Each participant is preparing a brief—based largely on her or his presentation during the workshop. These briefs, together with a workshop summary, will be conveyed to participants in the Twenty-Second Conference of the Parties (COP-22) of the UNFCCC in Marrakech, Morocco in November 2016.  This will be done in meetings with negotiators representing UNFCCC member governments and in a side-event panel at COP-22.

Today I wish to share with readers just one of these draft briefs – namely, my own – on the topic of “International Linkage under Article 6.2 of the Paris Agreement.”

A Key Challenge for Sustained Success of the Paris Agreement

For sustained success of the international climate regime, a key question is whether the Paris Agreement with its Intended Nationally Determined Contributions (INDCs), anchored as they are in domestic political realities, can progressively lead to submissions with sufficient ambition?  Are there ways to enable and facilitate increased ambition over time?

Linkage of regional, national, and sub-national policies can be part of the answer. By “linkage,” I mean connections among policy systems that allow for emission reduction efforts to be redistributed across systems. Such linkage is typically framed as being between two (or more) cap-and-trade systems, but national policies will surely be highly heterogeneous under the Paris climate regime.  Fortunately, research – by Gilbert Metcalf of Tufts University and David Weisbach of the University of Chicago – indicates that linkage between pairings of various types of domestic policy instruments may be feasible.

Linkage and the Paris Agreement

Experience indicates that linkage will bring both merits and concerns in most applications.  To begin with the good news, linkage offers a number of important advantages. First, it offers the possibility of achieving cost savings if marginal abatement costs are heterogeneous across jurisdictions, which they surely are. In addition, linkage can improve the functioning of individual markets by reducing market power, and by reducing price volatility, although we should recognize that price volatility will also be transmitted from one jurisdiction to another by linkage. Finally linkage can allow for the UNFCCC’s important principle of Common but Differentiated Responsibilities (CBDR), but do so without sacrificing cost-effectiveness.

The possibility of linkage also raises concerns, including that there will be distributional impacts within jurisdictions, that is, the creation of both winners and losers. Also, linkage can bring about the automatic propagation from one jurisdiction to another of some design elements, in particular, cost-containment mechanisms, such as banking, borrowing, and price collars. In this and other ways, linkage raises concerns about decreased autonomy.

Linkage under Article 6.2 of the Paris Agreement

It was by no means preordained that the Paris Agreement would allow, let alone encourage, international linkage.  Fortunately, the negotiations which took place in Paris in December, 2015, produced an Agreement that includes in its Article 6.2 the necessary building blocks for linkages to occur.

Under Article 6.2, emissions reductions occurring outside of the geographic jurisdiction of a Party to the Agreement can be counted toward achieving that Party’s Nationally Determined Contribution (NDC) via Internationally Transferred Mitigation Outcomes (ITMOs).  This enables both the formation of “clubs” or other types of coalitions, as well as bottom-up heterogeneous linkage.  Such linkage among Parties to the Agreement would provide for exchanges between compliance entities within the jurisdictions of two different Parties, not simply the government-to-government trading (of Assigned Amounts or AAUs), as was the case with the Kyoto Protocol’s Article 17.

Linkage among Heterogeneous Nationally Determined Contributions

There are three types of heterogeneity which are important in regard to linkage under Article 6.2 of the Paris Agreement. First is heterogeneity among policy instruments. As demonstrated by Metcalf and Weisbach (see above), not only can one cap-and-trade system be linked with another cap-and-trade system, but it is also possible to link a cap-and-trade system with a carbon tax system. In addition, either a cap-and-trade system or a tax system can be linked (via appropriate offsets) with a performance standard in another jurisdiction.  (Linkage with systems employing technology standards are not feasible, however, because such systems are not output-based.)

A second form of heterogeneity that affects linkage and is potentially very important under the Paris Agreement is heterogeneity regarding the level of government action of the relevant jurisdictions. Although the Paris Agreement has as Parties both regional jurisdictions (in the case of the European Union) and national jurisdictions, sub-national jurisdictions are also taking action in some parts of the world. In fact, linkage has already been established between the state of California in the United States and the provinces of Québec and Ontario in Canada.

A third form of relevant heterogeneity is with regards to the NDC targets themselves.  Some are in the form of hard (mass–based) emissions caps, while others are in the form of rate-based emissions caps, either emissions per unit of economic activity, or emissions per unit of output (such as per unit of electricity production). There are also relative mass-based emissions caps in the set of existing NDCs, such as those that are relative to business-as-usual emissions in a specific future year.  Beyond these, there are other parties that have put forward NDCs that do not involve emission caps at all, but rather targets in terms of some other metric, such as the degree of penetration of renewable energy sources.

Combinations of various options under these three forms of heterogeneity yield a considerable variety of types of potential linkages, which may be thought of as the cells of a three-dimensional matrix.  Not all of these cells, however, represent linkages which are feasible, let alone desirable.

The Path Ahead – Key Issues and Questions

There are a substantial number of issues that negotiators will eventually need to address, and likewise, there are a set of questions that researchers (including within the Harvard Project on Climate Agreements) can begin to address now. Among the key issues for negotiators will be the necessity to develop accounting procedures and mechanisms. Also, it will be important to identify means for the ITMOs to be tracked in order to avoid double-counting of emissions reductions. And a broader question is whether and how the UNFCCC Secretariat or some other designated institution will provide any oversight that may be required.

For research, three questions stand out.  First, among pairings from the (3-D matrix) set of instrument–jurisdiction–target combinations that emerge from the three types of heterogeneity identified above, which linkages will actually be feasible?  Second, within this feasible set, are some types of linkages feasible, but not desirable? And third, what accounting treatments and tracking mechanisms will be necessary for these various types of linkages?  Future research will need to focus on these and related questions in order to achieve the potential benefits of Article 6.2 of the Paris Agreement.  Please stay tuned as this work develops.

Misleading Talk about Decoupling CO2 Emissions and Economic Growth

You can call it my pet peeve or even my obsession, but whenever I read about the claimed “decoupling” of CO2 emissions and economic growth, I get annoyed.  Webster’s Dictionary defines decoupling as “eliminating the interrelationship” between two processes.  But the interrelationship between CO2 emissions and economic growth has certainly not been eliminated.

Decoupling is the wrong word and metaphor to describe what has been happening.  When a caboose is decoupled from a train, it stops moving altogether.  A better metaphor, although less linguistically appealing, would be a “slipping clutch.”  The engine continues to transmit power, and as a result the driveshaft continues to rotate, but with less velocity than when the clutch was new.

What Has Been Happening

True enough, the carbon intensities of many economies in the world, particularly those of the industrialized nations, have – for many years – been falling, as those economies have become less energy intensive (less energy use per unit of economic activity – Gross Domestic Product or GDP), and therefore less carbon intensive.  For each dollar of economic activity, CO2 emissions are less than they used to be.  For each unit of economic growth, there is less growth in CO2 emissions than previously.

Furthermore, in some cases, as economies grow, CO2 emissions can actually fall.  First, picture an economy which is growing exclusively in its services sector.  In this case, economic growth might be accompanied by no change in CO2 emissions.  Now picture an economy which is growing in its services sector, while shrinking in its manufacturing sector (sound familiar?).  In this case, economic growth might be accompanied by reduced CO2 emissions.  Now add to this picture the presence of some public policies, such as those that cause the closure of coal-fired electric generation plants, as well as greater dispatch of electricity from natural gas-fired plants.  The result:  economic growth continues, with falling CO2 emissions.  But there has been no decoupling.

Confusion Due to Failure to Employ Appropriate Counterfactual

The problem and the confusion arises from a very common mistake in the popular press and, for that matter, in many casual conversations:  failure to use the right counterfactual for analysis.  The fact that GDP is rising while emissions are falling does not mean that GDP is not affecting emissions.  The appropriate counterfactual for comparison is how much would emissions have fallen had there been no growth in GDP.  Presumably, emissions would have fallen even more.  The excess of emissions in the factual case, compared with the counterfactual case, is the magnitude of emissions growth due to (actually, “associated with”) economic growth.  There has been no elimination of the relationship between the two, although the nature and the magnitude of that relationship has changed.

What Factors Affect CO2 Emissions?

So, why have CO2 emissions been declining in some countries?  Or, more broadly and more to the point, what factors have affected CO2 emissions?  Four stand out (although there are others).

First, energy comes at a cost in all economies, and so economic incentives exist to economize on energy use through technological change.  The energy-intensity of the U.S. economy has gradually fallen – almost monotonically – since early in the twentieth century.

Second, putting aside energy-intensity and focusing on carbon intensity, some technological change has worked against the use of carbon-intensive sources of energy.  The most dramatic example, specific to the United States, has been the combination of horizontal drilling and hydraulic fracturing (fracking), which has caused a significant increase in supply and dramatic fall in the market price of natural gas, which has thereby led to a massive shift of investment and electricity dispatch from coal to natural gas.

Third, in the richer countries of the world, including this one, the process of economic growth has led to changing sectoral composition:  heavy industry to light manufacturing to services.  The deindustrialization of California is a graphic example.  Does the fact that California’s economy has grown while emissions have fallen mean that decoupling has occurred?  Of course not.  And, in the California case, there has also been a fourth factor …

Fourth, public policies have in some jurisdictions of the world (Europe, the United States, and most of the other OECD countries) discouraged carbon intensity.  In the USA, this has happened both through climate policies and other, non-climate policies.  Some non-climate policies, such as EPA’s Mercury Rule, discourage investment, encourage retirement, and discourage dispatch of coal-fired electricity, while other non-climate policies, such as CAFE standards for motor vehicles, bring about greater fuel efficiency of the fleet of cars and trucks over time.  Climate-specific policies have also mattered, such as in California, where the Global Warming Solutions Act of 2006 (AB-32) has brought down emissions through a portfolio of policies, including an economy-wide CO2 cap-and-trade system.

The Bottom Line

So, yes, the carbon intensity of many economies continues to fall – for a variety of reasons, including but by no means limited to public policies.  And, in some cases, the combination of energy price changes, technological change, changes in sectoral composition, and climate and other public policies has meant that emissions have fallen in years when economic growth has continued.  But don’t be fooled.  Economic growth does affect CO2 emissions.  There has been no decoupling; just some (desirable) slipping of the clutch.

Of course, this is not an anti-environment message.  On the contrary, a belief in decoupling per se could lead to a misguided laissez-faire attitude about the path of CO2 emissions.  Being honest and accurate about the links between (desirable) economic growth and (desirable) CO2 emissions reductions puts our focus and emphasis where it ought to be:  finding better ways to have both.

A Key Element for the Forthcoming Paris Climate Agreement

The upcoming Paris climate negotiations will constitute a critical step in the ongoing international process to reduce global greenhouse gas (GHG) emissions. The question of whether the Paris outcome will be sufficiently ambitious to put the world on a path towards limiting global average warming to 2o C, as agreed in Cancun, can be answered now.  It will not, because that target, while possibly useful as an aspirational goal, is not achievable, as the most recent report of Working Group III of the IPCC documented. What is clear, however, is that greater ambition is more easily realized when costs are low. Market-based mechanisms are an important element in the portfolio of actions that can lead to cost-effective solutions. Linkage – between and among market and non-market systems for reducing GHG emissions – is a closely-related key element.

In an article just published in Climate Policy, “Facilitating Linkage of Climate Policies through the Paris Outcome,” my co-authors – Daniel Bodansky of Arizona State University, Seth Hoedl of Harvard Law School, and Gilbert Metcalf of Tufts University – and I examine how the Paris outcome, and more generally the ongoing climate negotiations, can allow for and advance linked systems.

Brief Background

In the Durban Platform for Enhanced Action, adopted by the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC) in 2011, the parties agreed to develop a “protocol, another legal instrument or an agreed outcome with legal force under the Convention applicable to all Parties,” for adoption at COP-21 in December, 2015, in Paris. It is likely that the Paris outcome will reflect a hybrid climate policy architecture – one that combines top-down elements, such as for monitoring, reporting, and verification (MRV), with bottom-up elements, including “Intended Nationally Determined Contributions” (INDCs), describing what a country intends to do to reduce emissions, based on domestic political feasibility and other factors. This outcome will be embodied in a core agreement, which likely will be legally binding, as well as ancillary instruments such as annexes, national schedules, and COP decisions.

The ability to link regional, national, and sub-national climate policies will be essential to enhancing the cost-effectiveness of such a system – and thus the likelihood of achieving significant global emissions reductions. By ‘linkage’, we mean formal recognition by a GHG mitigation program in one jurisdiction (a regional, national, or sub-national government) of emission reductions undertaken in another jurisdiction for the purposes of complying with the first jurisdiction’s requirements.

First Necessity for Paris: Do No Harm

The minimum requirement for the Paris agreement in regard to linkage is to do no harm. Silence on linkage could possibly accomplish that. But any provisions in the agreement that would require nations to achieve their respective INDCs exclusively within their own borders – a constraint that has been favored by the ALBA countries – would, in effect, prohibit not only international carbon markets but any sort of meaningful linkage (and would thereby greatly drive up costs).

Common Definitions of Key Terms

If linkage is to play a significant role in a hybrid international policy architecture, then several categories of design elements merit serious consideration for inclusion in the Paris outcome, either directly or by establishing a process for subsequent international negotiations. In general, effective linkage requires common definitions of key terms, including particularly the units to be used for compliance purposes. This will be particularly important for links between heterogeneous systems, and it is an area where a model rule could be particularly helpful (more about this below).

Registries and Tracking

Linkage requires registries and tracking mechanisms, whether the systems being linked are homogeneous or heterogeneous. Indeed, a key role for the top-down part of a hybrid architecture that allows for international linkage of national policy instruments will be the tracking, reporting, and recording of allowance unit transactions.

International compliance units would make the functioning of an international transaction log more straightforward and reduce the administrative burden of reconciling international registries with national registries. Minimum standards for approving and measuring offsets may be important. Market oversight and monitoring may increase confidence in the system, although in some cases, national and international institutions that can provide oversight already exist and may need only relatively minor additional capacity to assume these functions.

Too Much of a Good Thing Can be Bad

Including detailed linkage rules in the core agreement is not desirable as this could make it difficult for rules to evolve in light of experience. Instead, minimum standards to ensure environmental integrity should be elaborated in COP decisions, or by other means; for example, the COP could establish minimum requirements for national monitoring, reporting, and verification (MRV), registries, and crediting mechanisms.

In terms of linkage, the function of the core agreement might be confined to articulating general principles relating to environmental integrity, while also authorizing the COP or another organization to develop more detailed rules. Whatever minimum standards are adopted, oversight of compliance will be important to ensure the integrity both of the Paris outcome and of linked national systems.

The Utility of Default or Model Rules

Many elements of GHG linkage can be addressed through default or model rules from which nations are free to deviate at their discretion. Rules that may benefit from this approach are typically concerned with the details of linking two regulatory systems. For example, nations interested in linking their cap-and-trade systems would have to consider rules for market coverage, cost containment, banking and borrowing, compliance periods, allocation methods, and the treatment of new emitters and emitter closures. Additional rules may be needed for linking of heterogeneous systems.

Developing uniform rules to address all of these issues is unrealistic. Instead, a degree of harmonization could be achieved through default rules that facilitate linkage by providing a common framework for nations to use when developing their own linkage agreements. Although there is no need for the core agreement itself to elaborate harmonized linkage rules, it might authorize the COP to develop default linkage rules that nations can use in negotiating bilateral linkage agreements.

Less is More

In our Climate Policy article, Dan Bodansky, Seth Hoedl, Gib Metcalf, and I conclude that the most valuable outcome of Paris regarding linkage might simply be the inclusion in the core agreement of an explicit statement that parties may transfer portions of their INDCs to other parties and that these transferred units may be used by the transferees to implement their INDCs. Such a statement would help provide certainty both to governments and private market participants. This minimalist approach will allow diverse forms of linkage to arise, among what will inevitably be highly heterogeneous INDCs, thereby advancing the dual objectives of cost effectiveness and environmental integrity in the international climate policy regime.