Why the U.S. Should Remain in the Paris Climate Agreement

            It was widely reported last week that a White House meeting scheduled for Tuesday, April 18th, was to consider whether the United States should remain a party to the Paris Climate Agreement.  At the last second, that meeting was postponed.  As of today, there is no public information about when it may occur.  All that is known is that the Trump Administration had indicated previously that it will make known its position on the Paris Agreement before the G7 Summit, which takes place in Italy in late May.

With that in mind – and with Earth Day being celebrated on April 22nd – I was pleased to co-author with Ban Ki-moon an op-ed which just appeared in The Boston Globe, “Why the US Should Stay in the Paris Climate Agreement” (April 21, 2017).  As you no doubt know, Ban Ki-moon was Secretary-General of the United Nations (2007-2016), but what you may not know is that he is currently my colleague at the Harvard Kennedy School, where he is the Angelopoulos Global Public Leaders Fellow.

Before the Secretary-General Emeritus and I produced the final version of our Boston Globe op-ed, we had written a considerably longer, more detailed essay on the same topic, and so in today’s blog essay, I’m pleased to provide below an expanded version of that longer essay, with hyperlinks added.  I hope you find this of interest.

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Why the U.S. Should Remain in the Paris Climate Agreement:  An Earth Day Message for President Trump

 by Ban Ki-moon and Robert N. Stavins

In the five decades since the first Earth Day was celebrated in 1970, remarkable economic growth around the world has inevitably been accompanied by significant environmental challenges.  While tremendous progress has been made to address concerns about air and water quality, hazardous waste, species extinction, and maintenance of stratospheric ozone, leaders around the world continue to struggle to address the threat of global climate change in the face of the steady accumulation of greenhouse gases in the atmosphere.

The Necessity of International Cooperation

There is broad scientific consensus that human-based emissions of greenhouse gases – including carbon dioxide (CO2) from fossil-fuel combustion and land-use changes – will change the earth’s climate in ways that will have serious environmental, economic, and social consequences. Sixteen of the warmest years on record have occurred since 2000, including 2016 as the warmest of all.  At the same time, winter arctic sea ice is at its lowest extent in recorded history.

Increased temperatures – which might be welcome in some places – are only part of the story.  More important are changes in precipitation, decreased snowpack, glacier melting, droughts in mid to low latitudes, decreased cereal crop productivity at lower latitudes, increased sea level, loss of islands and coastal wetlands, increased flooding, greater storm intensity, species loss, and spread of infectious disease.

These biophysical impacts will have significant economic, social, and political consequences. Estimates of economic damages of unrestrained climate change vary, with most falling in the range of 1 to 3% of world GDP per year by the middle of the current century.

In order to have a 50-50 chance of keeping temperature increases below 2o C (a long-term goal acknowledged by most national governments), it would be necessary to stabilize atmospheric concentrations at 450 parts per million, which in principle could be achieved by cutting global emissions by 60 to 80% below 2005 levels by 2050.

Reducing emissions will not be cheap or easy, but the greatest obstacles are political.  The severe political challenges are due to the fact that greenhouse gases mix in the atmosphere, and so the location of damages is independent of the location of emissions. Any political jurisdiction that takes action incurs the direct costs of that action, but the climate benefits are spread globally. Hence, for any country, the direct climate benefits of taking action will likely be much less than the costs, despite the fact that the global benefits may exceed, possibly greatly, the costs. Therefore, due to the global commons nature of the problem, meaningful international cooperation is necessary.

The Paris Climate Agreement:  A Breakthrough After 20 Years

The countries of the world have been struggling to come up with a solution since they agreed in 1992 to establish the United Nations Framework Convention on Climate Change (UNFCCC). After more than 20 years of negotiations, an important, historic breakthrough came with the signing of the Paris Climate Agreement in 2015, a path-breaking approach that increased the scope of participation from countries accounting for just 14% of global emissions (in the current, second commitment period of the Kyoto Protocol) to countries accounting for 97% under the Paris Agreement!

Contrary to some claims, China, India, Brazil, Korea, South Africa, Mexico, and the other large emerging economies do have obligations under this new approach.  Far from being a “bad deal” for the United States, as EPA Administrator Scott Pruitt has asserted, the Paris Agreement is actually the answer to U.S. prayers going back to the U.S. Senate’s bipartisan (95-0) Byrd-Hagel Resolution in 1997, which rejected the Kyoto approach and called for an agreement that would include not only industrialized countries, but the large emerging economies as well. That is precisely what the Paris Agreement has finally delivered!

Will the U.S. Remain Part of the Process?

This is a pivotal moment.  President Trump’s recent executive order in which he laid out his plans to roll back much of the Obama administration’s climate policy, was silent on the Paris Agreement, reportedly reflecting disagreements among the President’s closest advisers.

During the campaign last year, the President said he would “cancel” the Paris Agreement.  But because it has already come into force, under its rules, any party must wait three years before requesting to withdraw, followed by a one-year notice period.  The United States is part of the agreement for the next four years. Any White House announcement of pulling out of the pact will have no direct effects for this Presidential term.

In theory, the President could try to bypass that four-year delay by taking the one-year route of dropping out of the overall UNFCCC — signed by President George H.W. Bush and ratified by the Senate in 1992. But that could require another two-thirds vote of the Senate, would be challenged in the courts, and would be unwise in the extreme, given that the U.S. would then be the only one among 197 countries in the world not to be a party to the Climate Convention. At a time when the United States wants cooperation from a diverse set of countries around the world on matters of national security, trade, and a host of other issues, it would be counter-productive in the extreme to willingly become an international pariah on global climate change.

Key Support Inside and Outside the Administration

Fortunately, key voices in the Administration have argued for remaining in the Paris Agreement. Secretary of State Rex Tillerson has stated that it is better for the U.S. to be at this table of ongoing negotiations. More broadly, Secretary of Defense James Mattis said in Congressional testimony that he views climate change as a national security threat.

Remarkably, support for the Paris Agreement is broad-based within U.S. private industry – from electricity generators such as PG&E and National Grid, to oil companies such as BP, Chevron, ConocoPhillips, Exxon-Mobil, and Shell, mining companies such as Rio Tinto, and a very long list of manufacturers, including giant firms such as General Motors. Even some of the largest coal producers, such as Arch Coal, Cloud Peak Energy, and Peabody Energy, have told the President about their support for the U.S. remaining in the Agreement. This broad support is due to a simple reality – leaders of successful businesses make decisions not on the basis of ideology, but based on available evidence.

True enough, there is also opposition from some especially vocal coal industry executives, and the President seems to have shaped his domestic climate policies around their interests, with his repeated pledge to “bring back coal.” But the job losses in coal mining over the past decades have been due to technological change (increased productivity) in the coal sector, and more recently by low natural gas prices, not by environmental regulations (particularly not by regulations – such as the Clean Power Plan – that have not even been implemented).

The Paris Agreement Provides Flexibility

The U.S. could stay in the Paris Agreement, and seek to revise the Obama-era numerical target of a 26% reduction in emissions below 2005 levels by 2025, an approach recommended by North Dakota Republican Representative Kevin Cramer. However, by 2016, energy-related emissions were already down by 14% below 2005, so it is not clear that the existing pledge even needs to be re-assessed. Also, state climate policies in California, Oregon, Washington, and the Northeast will remain in place, and likely be strengthened. And more than half of all states have renewable energy policies; just since election day, the Republican governors of Illinois and Michigan have signed legislation aimed at increasing solar and wind generation. At the Federal level, the important tax credits for wind and solar power continue to receive bi-partisan support in the Congress.

Putting it All Together

In summary, climate change is a serious threat, which requires international cooperation because of its global commons nature.  After twenty years of negotiations, the path-breaking Paris Climate Agreement, with its exceptionally broad participation, is the answer to long-standing, bipartisan appeals, and provides an excellent foundation for progress.

The President cannot “cancel” the Agreement, and it would take four years for the U.S. to withdraw. Pulling out of the foundational United Nations Framework Convention on Climate Change might be quicker, but would be unwise in the extreme, jeopardizing U.S. relationships with countries around the world on a host of pressing issues, ranging from national security to international trade.

Fortunately, key voices in the Administration have argued for keeping the U.S. in the Paris Agreement, and support from the business community is exceptionally broad and deep. If necessary, the U.S. can seek to revise the specific U.S. pledge under Paris made by the Obama administration, while remaining a party to the Agreement. But given the pace of emissions reductions already achieved, combined with ongoing state and Federal climate policies, it is not clear that those targets need to be changed.

Having considered this diverse set of considerations that should bear upon this U.S. decision, we find the arguments for the country remaining in the Paris Climate Agreement to be compelling. The truth is that in the 47 years since the first Earth Day, much has been accomplished.  But much of that remarkable progress could be undone in the short span of 4 years or less. We are confident – or at least hopeful – that this will not happen.

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Ban Ki-moon was Secretary-General of the United Nations (2007-2016), and is the Angelopoulos Global Public Leaders Fellow at the Harvard Kennedy School.  Robert Stavins is the Albert Pratt Professor of Business and Government at the Harvard Kennedy School, and was Coordinating Lead Author of the Intergovernmental Panel on Climate Change.

Can the WTO Take a Lesson from the Paris Climate Playbook?

As readers will know from my previous entry at this blog (“Paris Agreement — A Good Foundation for Meaningful Progress”, December 12, 2015), I was busy with presentations and meetings during the 21st Conference of the Parties (COP-21) of the United Nations Framework Convention on Climate Change (UNFCCC) in Paris last December. However, I did have time to reflect on the process that was leading to the then-emerging Paris Agreement, including a series of discussions with my Harvard colleague – Professor Robert Lawrence, a leading international trade economist –who was back in Cambridge.

He and I realized that negotiators in a very different realm – international trade – could benefit from observing the progress that was being made in the international climate policy realm in Paris. This led to a co-authored op-ed that appeared in the Boston Globe on December 7, 2015 (“What the WTO Can Learn from the Paris Climate Talks”).

For many years, climate negotiators have looked longingly at how the World Trade Organization (WTO) was able to negotiate effective international agreements. But ironically, the Paris climate talks and the WTO negotiations, which were set to take place the following week in Nairobi, lead to the opposite conclusion. Trade negotiators can now emulate the progress made in the climate change agreements by moving away from a simplistic division between developed and developing countries.

For years, global climate change policy was hobbled by this division. Readers of this blog will be familiar with this issue. In the Kyoto Protocol, only developed countries committed to emissions reductions. Developing countries had no obligations. The stark demarcation made meaningful progress impossible, partly because the growth in emissions since the Protocol came into force in 2005 has been entirely in the large developing countries. Even if developed countries were to eliminate their CO2 emissions completely, the world cannot reduce the pace of climate change unless countries such as China, India, Brazil, Korea, South Africa, Mexico, and Indonesia take meaningful action.

The WTO negotiations, launched in 2001 in Doha, have remained at an impasse because of similar problems. They are tied up because nearly all the obligations assumed by WTO members depend upon whether they claim to be developed or developing. And since countries are allowed to self-designate, countries such as Singapore, South Korea, and the Gulf oil states seek to be treated the same as Ghana, Zambia, and Pakistan.

When developing countries accounted for a relatively small share of world trade, it was easy to grant all of them special treatment. But it has become impossible for developed countries to agree to additional liberalization without meaningful market-opening concessions by the large emerging economies, which will account for the majority of world trade growth in the future. Even though some have already liberalized unilaterally, many of these countries avoid making concessions at the WTO by claiming treatment as developing nations.

In the climate arena, the big break came in Durban, South Africa, in 2011, when countries agreed to achieve an outcome that was applicable to all parties. In Paris, the countries of the world adopted the Paris Agreement, which includes: bottom-up elements in the form of Intended Nationally Determined Contributions (INDCs) – national targets and actions that arise from domestic policies and circumstances; and top-down elements for oversight, guidance, and coordination. Now all countries are involved in protecting the climate system “on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities.”

Whereas the current commitment period of the Kyoto Protocol covers countries (Europe and New Zealand) that account for no more than 14 percent of global emissions (and zero percent of global emissions growth), INDCs submitted for the Paris agreement cover 186 countries, representing 96 percent of global emissions. This dramatic, path-breaking expansion of the scope of participation is the key reason for optimism about the Paris Agreement.

In the trade sphere, a similarly nuanced approach with differentiated responsibilities that reflect different capabilities could be adopted by the WTO. Instead of all countries having to subscribe as either developed or developing countries, the WTO could finally move beyond the North-South divide that is embodied in almost every draft proposed in the current Doha round.

The climate talks have shown that simplistic classifications of countries are a prescription for impasse. Robert Lawrence and I concluded that unless the WTO learns this lesson, it may become increasingly irrelevant, as coalitions of the willing turn to regional agreements to make what progress they can on international trade liberalization.

Paris Agreement — A Good Foundation for Meaningful Progress

The Paris Agreement, a truly landmark climate accord, which was gaveled through today, December 12, 2015, at 7:26 pm (Paris time) at the Twenty-First Conference of the Parties (COP-21), checks all the boxes in my five-point scorecard for a potentially effective Paris Agreement, described in my November 17th blog essay, Paris Can Be a Key Step.  The Agreement provides a broad foundation for meaningful progress on climate change, and represents a dramatic departure from the Kyoto Protocol and the past 20 years of climate negotiations.

Essential Background

Anyone who has read this blog over the past several years, or – even more so — my academic writing over the past twenty years on international climate change policy architecture, knows that I have viewed the dichotomous distinction between Annex I and non-Annex I countries as the major stumbling block to progress. That distinction was first introduced in the climate negotiations at COP-1 in Berlin in 1995. That was, in my view, an unfortunate and narrow interpretation of the sound equity principle in the United Nations Framework Convention on Climate Change (UNFCCC, 1992) – “common but differentiated responsibilities and respective capabilities.” It was codified two years later in the Kyoto Protocol.

The Kyoto Protocol, which has been the primary international agreement to reduce the greenhouse-gas emissions that cause global climate change, included mandatory emissions-reduction obligations only for developed countries. Developing countries had no emissions-reduction commitments. The dichotomous distinction between the developed and developing countries in the Kyoto Protocol has made progress on climate change impossible, because growth in emissions since the Protocol came into force in 2005 is entirely in the large developing countries—China, India, Brazil, Korea, South Africa, Mexico, and Indonesia. The big break came at the annual UNFCCC negotiating session in Durban, South Africa in 2011, where a decision was adopted by member countries to “develop [by December 2015, in Paris] a protocol, another legal instrument or an agreed outcome with legal force under the Convention applicable to all Parties.” This “Durban Platform for Enhanced Action” broke with the Kyoto Protocol and signaled a new opening for innovative thinking (which we, at the Harvard Project on Climate Agreements, took to heart).

The Paris Agreement is a Departure from the Past

Today, in Paris, representatives of 195 countries adopted a new hybrid international climate policy architecture that includes: bottom-up elements in the form of “Intended Nationally Determined Contributions” (INDCs), which are national targets and actions that arise from national policies; and top-down elements for oversight, guidance, and coordination. Now, all countries will be involved in taking actions to reduce emissions.

Remarkably, 186 of the 195 members of the UNFCCC submitted INDCs by the end of the Paris talks, representing some 96% of global emissions. Contrast that with the Kyoto Protocol, which now covers countries (Europe and New Zealand) accounting for no more than 14% of global emissions (and 0% of global emissions growth).

This broad scope of participation under the new Paris Agreement is a necessary condition for meaningful action, but, of course, it is not a sufficient condition. Also required is adequate ambition of the individual contributions. But this is only the first step with this new approach. The INDCs will be assessed and revised every five years, with their collective ambition ratcheted up over time. That said, even this initial set of contributions could cut anticipated temperature increases this century to about 3.5 degrees Centigrade, more than the frequently-discussed aspirational goal of limiting temperature increases to 2 degrees C (or the new aspirational target from Paris of 1.5 degrees C), but much less than the 5-6 degrees C increase that would be expected without this action. (An amendment to the Montreal Protocol to address hydrofluorocarbons (HFCs) is likely to shave an addition 0.5 C of warming.)

The problem has not been solved, and it will not be for years to come, but the new approach brought about by the Paris Agreement can be a key step toward reducing the threat of global climate change.

The new climate agreement, despite being path-breaking and the result of what Coral Davenport writing in The New York Times rightly called “an extraordinary effort at international diplomacy,” is only a foundation for moving forward, but it is a sufficiently broad and sensible foundation to make increased ambition over time feasible for the first time.  Whether the Agreement is truly successful, whether this foundation for progress is effectively exploited over the years ahead by the Parties to the Agreement, is something we will know only ten, twenty, or more years from now.

What is key in the Agreement is the following: the centrality of the INDC structure (through which 186 countries representing 96% of global emissions have made submissions); the most balanced transparency requirements ever promulgated; provision for heterogeneous linkage, including international carbon markets (through “internationally transferred mitigation outcomes” – ITMOs); explicit clarification in a decision that agreement on “loss and damage” does not provide a basis for liability of compensation; and 5-year periods for stocktaking and improvement of the INDCs.

The Key Elements of the Paris Agreement

Here are some of the highlights of what stands out to me in the Paris Agreement.

Article 2 of the Agreement reaffirms the goal of limiting the global average temperature increase above the pre-industrial level to 2 degrees C, and adds 1.5 degrees C as something even more aspirational.  In my opinion, these aspirational goals – which come not from science (although endorsed by most scientists) nor economics, and may not even be feasible – are much less important than the critical components of the agreement:  the scope of participation through the INDC structure, and the mechanisms for implementation (see below).

Article 3 makes it clear that the INDC structure is central and universal for all parties, although Article 4 blurs this a bit with references to the circumstances of developing country Parties. But throughout the Agreement, it is abundantly clear that the firewall from the 1995 Berlin Mandate has finally been breached. In addition, five-year periods for the submission of revised INDCs (and global stocktaking of the impact of the Paris Agreement) are included in Article 14.  The first stocktaking review will be in 2018, with the start date for new INDCs set for 2020.

Article 4 importantly describes transparency requirements (domestic monitoring, reporting, and verification).  This is crucial, and represents a striking compromise between the U.S. and Europe, on the one hand, and China and India, on the other hand. All countries must eventually face the same monitoring and reporting requirements, regardless of their status as developed or developing.

Article 6 provides for international policy linkage, and is thereby exceptionally important for the successful exploitation of the foundation provided by the Paris Agreement.  The necessary language for heterogeneous international policy linkage (not only international carbon markets, but international linkage of other national policy instruments) is included. I have written about this key issue many times over the past ten years. It can bring down compliance costs greatly, and thereby facilitate greater ambition over time. (See our paper on this from the Harvard Project on Climate Agreements:  “Facilitating Linkage of Heterogeneous Regional, National, and Sub-National Climate Policies Through a Future International Agreement” By Daniel Bodansky, Seth Hoedl, Gilbert E. Metcalf and Robert N. Stavins, November 2014.)  The Paris Agreement accomplishes this through provision for “internationally transferred mitigation outcomes.” With this provision, we have a new climate policy acronym – ITMOs – about which I suspect I will be writing in the future.

There is considerable discussion of “finance” in Article 9, but the numbers do not appear in the Agreement, only in the accompanying Decision, where item 54 states that by 2025, the Parties will revisit the total quantity of funding, using the current $100 billion target as a “floor.”

Finally, the Agreement’s Article 8 on Loss and Damage was necessary from the point of view of the most vulnerable countries, but the most contentious issue is settled in Decision 52, where the Parties agree that this “does not involve or provide a basis for any liability of compensation.”  That decision was absolutely essential from the perspective of the largest emitters.

Anticipated Impacts of the Paris Agreement

Before I turn to my assessment of the Agreement, I should comment briefly on a topic that seems to be of considerable interest to many people (based on the questions I received from the press during my 10 days in Paris), namely what effect will the Agreement have on business, what signals will it send to the private sector?

My answer is that impacts on businesses will come largely not directly from the Paris Agreement, but from the policy actions that the various Parties undertake domestically in their respective jurisdictions to comply with the Paris Agreement.  I am again referring to the 186 countries which submitted Intended Nationally Determined Contributions – INDCs – under the Agreement.

So, in the case of the United States, for example, those policies that will enable the country to achieve its submitted INDC are: the Clean Power Plan (which will accelerate the shift in many states from coal to natural gas for electricity generation, as well as provide incentives in some states for renewable electricity generation); CAFE (motor vehicle fuel efficiency) standards increasing over time (as already enacted by Congress); appliance efficiency standards moving up over time (as also already enacted by Congress); California’s very aggressive climate policy (AB-32); and the northeast states’ Regional Greenhouse Gas Initiative.

These various policies are credible, and they will send price signals that affect business decisions (but not across the board nor with ideal efficiency, as would a national carbon tax or a national carbon cap-and-trade system). In terms of impacts on specific companies, impacts will continue to vary greatly. But a useful generalization is that a major effect of most climate policies is to raise energy costs, which tends to be good news for producers of energy-consuming durable goods (for example, the Boeing Company) and bad news for consumers of those same energy-consuming durable goods (for example, United Airlines).

An Assessment with my Paris Scorecard

Lastly, here is my November 17th scorecard and my assessment of the five key elements I said would constitute a successful 21st Conference of the Parties:

  1. Include approximately 90% of global emissions in the set of INDCs that are submitted and part of the Paris Agreement (compared with 14% in the current commitment period of the Kyoto Protocol). This was obviously achieved, with total coverage reaching 96% of global emissions.
  1. Establish credible reporting and transparency requirements. This was achieved, through long negotiations between China and India, on the one hand, and Europe and the United States, on the other.
  1. Move forward with finance for climate adaptation (and mitigation) B the famous $100 billion commitment. This was achieved.
  1. Agree to return to negotiations periodically, such as every 5 years, to revisit the ambition and structure of the INDCs. This was achieved.
  1. Put aside unproductive disagreements, such as on so-called “loss and damage,” which appears to rich countries like unlimited liability for bad weather events in developing countries, and the insistence by some parties that the INDCs themselves be binding under international law. This would have required Senate ratification of the Agreement in the United States, which would have meant that the United States would not be a party to the Agreement. There was success on both of these.

Final Words

So, my fundamental assessment of the Paris climate talks is that they were a great success. Unfortunately, as I have said before, some advocates and some members of the press will likely characterize the outcome as a “failure,” because the 2 degree C target has not been achieved immediately.

Let me conclude where I started. The Paris Agreement provides an important new foundation for meaningful progress on climate change, and represents a dramatic departure from the past 20 years of international climate negotiations.  Of course, the problem has not been solved, and it will not be for many years to come. But the new approach brought about by the Paris Agreement can be a key step toward reducing the threat of global climate change. In truth, only time will tell.

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As many of you know, over a period of ten days, we (the Harvard Project on Climate Agreements) were hard at work at COP-21 in Paris. I made a dozen presentations and we held bilateral meetings on a daily basis with national negotiating teams and and others. You will find videos, photos, and numerous stories about our activities in Paris at our Tumblr page. Thanks are due to the entire team who were with me in Paris – Robert Stowe, executive director, Jason Chapman, program manager, and Doug Gavel, director of media relations — as well as Bryan Galcik, communications coordinator, back in Cambridge.