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Assessing the Climate Talks — Did Durban Succeed?

The 17^th Conference of the Parties (COP-17) of the United Nations Framework Convention on Climate Change (UNFCCC) adjourned on Sunday, a day and a half after its scheduled close, and in the process once again pulled a rabbit out of the hat by saving the talks from complete collapse (which appeared possible just a few days earlier). But was this a success?

The Durban Outcome in a Nutshell

The outcome of COP-17 includes three major elements: some potentially important elaborations on various components of the Cancun Agreements; a second five-year commitment period for the Kyoto Protocol; and (read this carefully) a non-binding agreement to reach an agreement by 2015 that will bring all countries under the same legal regime by 2020.

Is This a Success?

If by “success” in Durban, one means solving the climate problem, the answer is obviously “not close.”

Indeed, if by “success” one meant just putting the world on a path to solve the climate problem, the answer would still have to be “no.”

But, I’ve argued previously – including in my pre-Durban essay last month – that such definitions of success are fundamentally inappropriate for judging the international negotiations on the exceptionally challenging, long-term problem of global climate change.

The key question, at this point, is whether the Durban outcome has put the world in a place and on a trajectory whereby it is more likely than it was previously to establish a sound foundation for meaningful long-term action.

I don’t think the answer to that question is at all obvious, but having read carefully the agreements that were reached in Durban, and having reflected on their collective implications for meaningful long-term action, I am inclined to focus on “the half-full glass of water.” My conclusion is that the talks – as a result of last-minute negotiations – advanced international discussions in a positive direction and have increased the likelihood of meaningful long-term action. Why do I say this?

The Significance of Durban

Let’s look at the three major elements of the Durban outcome.

1. Putting More Flesh on the Bones of the Cancun Agreements

First, the delegates agreed to a set of potentially important details on various components of the Cancun Agreements. This progress may turn out to be very important indeed, and helps advance – at least for the interim – a workable bottom-up, pledge-and-review approach to international climate cooperation. The progress on this front includes work done on the Green Climate Fund to help mobilize public and private funding of climate change mitigation and adaptation in developing countries; more specifics on technology transfer mechanisms; mechanisms to enhance the transparency of national commitments under the Cancun Agreements; and an international scheme to reduce deforestation, which – importantly – includes market mechanisms.

2. A Second Commitment Period for the Kyoto Protocol

Second, the delegates agreed to a second five-year commitment period for the Kyoto Protocol. Without this element, the talks would have collapsed, because the key emerging economies of China, India, Brazil, South Africa, Korea, and Mexico (not to mention the much larger number of truly poor, developing countries) would have walked out. Would this have been so bad?

I have long argued that the Kyoto Protocol – with its structure of relatively ambitious targets for a small set of industrialized countries (the Annex I countries) and no targets whatsoever for the much larger set of other nations in the world (the non-Annex I countries) – is fundamentally flawed as a basis for addressing the climate change problem in a meaningful way, that is, in a way that can eventually limit global temperature increases to no more than 2 or 3 degrees Centigrade above pre-industrial levels. In the past, some observers have gone so far as to argue that such a collapse of the talks would be necessary to free the world to consider alternative and ultimately more productive routes going forward. Eventually, that may turn out to be true, but extending the Kyoto Protocol at this time for another period does little mischief.

The major effect – in addition to keeping the emerging economies (and developing countries) from walking out of the room – was to place the European Union in a position of accepting a target (for a second five-year period) that is no more stringent than what it has already committed to do under the European Union Emission Trading Scheme (EU ETS). The United States is not a party to the Kyoto Protocol, and Canada, Japan, and Russia have indicated that they will not take up targets in a second commitment period. Europe (and New Zealand, and possibly Australia) will be doing what they would have done anyway. In exchange for this, the major emerging economies agreed to the third key element.

3. The Durban Platform for Enhanced Action

Third and finally, the delegates reached a non-binding agreement to reach an agreement by 2015 that will bring all countries under the same legal regime by 2020. That’s a strange and confusing sentence, but it’s what happened, and – in my opinion – it’s potentially important, although it’s much too soon to say for sure.

The anchor that has been preventing real progress in the international climate negotiations for the past fifteen years has been the Kyoto Protocol’s dichotomous distinction between Annex I and non-Annex I countries. With 50 non-Annex I countries now having greater per capita income than the poorest of the Annex I countries, it is clearly out of whack. But, much more than that, this dichotomous distinction means that the world’s largest emitter – China – is unconstrained, that half of global emissions soon will be from nations without constraints, it drives up costs to four times their cost-effective level, and it creates a structure that makes change and progress virtually impossible.

Fortunately, the Copenhagen Accord and the Cancun Agreements began the process of blurring the Annex I/non-Annex I distinction, which was an important accomplishment, although it was only in the context of the interim pledge-and-review system, not in the context of an eventual successor to Kyoto. Now, the COP-17 decision for “Enhanced Action” completely eliminates the Annex I/non-Annex I (or industrialized/developing country) distinction. It focuses instead on the (admittedly non-binding) pledge to create a system of greenhouse gas reductions including all Parties (that is, all key countries) by 2015 that will come into force (after ratification) by 2020. Nowhere in the text of the decision will one find phrases such as “Annex I,” “common but differentiated responsibilities,” or “distributional equity,” which have – in recent years – become code words for targets for the richest countries and a blank check for all others.

We should not over-estimate the importance of a “non-binding agreement to reach a future agreement,” but this is a real departure from the past, and marks a significant advance along the treacherous, uphill path of climate negotiations.

The Path Ahead

In my previous essay at this blog, I expressed the fear that contentious debates over a possible second commitment period for the Kyoto Protocol might disrupt the Durban talks, divert them from making sound progress on the Cancun structure, and keep the delegates from moving toward a sound foundation for meaningful long-term action. I worried, in essence, that Durban – despite the weather – might resemble Copenhagen more than Cancun.

My conclusion is that this did not happen. Not only did Durban not undo the progress made in Cancun, it built upon it, and moved forward. This won’t satisfy the 350.org crowd, and it must greatly annoy the opponents of sensible climate policy, but in the real world of international negotiations on this exceptionally difficult global commons problem, this is what success looks like.

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For an interesting and helpful assessment of “The Legal Aspects of the Durban Platform Text,” I recommend an insightful Q&A by Jacob Werksman of the World Resources Institute.

Can the Durban Climate Negotiations Succeed?

Two weeks of international climate negotiations begin today in Durban, South Africa. These are the Seventeenth Conference of the Parties (COP-17) of the United Nations Framework Convention on Climate Change (UNFCCC). The key challenge at this point is to maintain the process of building a sound foundation for meaningful, long-term global action, not necessarily some notion of immediate, highly-visible triumph. In other words, the answer to the question of whether the Durban climate negotiations can succeed depends — not surprisingly — on how one defines “success.”

Let’s Place the Climate Negotiations in Perspective

Why do I say (repeatedly, year after year) that the best goal for the climate talks is to make progress on a sound foundation for meaningful, long-term global action, not some notion of immediate triumph? The reason is that the often-stated cliche about the American baseball season — that it’s a marathon, not a sprint — applies even more so to international climate change policy. Why?

First, the focus of scientists (and policy makers) should be on stabilizing concentrations at acceptable levels by 2050 and beyond, because it is the accumulated stock of greenhouse gas emissions — not the flow of emissions in any year — that are linked with climate consequences.

Second, the cost-effective path for stabilizing concentrations involves a gradual ramp-up in target severity, to avoid rendering large parts of the capital stock prematurely obsolete.

Third, massive technological change is the key to the needed transition from reliance on carbon-intensive fossil fuels to more climate-friendly energy sources. Long-term price signals (most likely from government policies) will be needed to inspire such technological change.

Fourth and finally, the creation of long-lasting international institutions is central to addressing this global challenge.

For all of these reasons, international climate negotiations will be an ongoing process, not a single task with a clear end-point. Indeed, we should not be surprised that they proceed much as international trade talks do, that is, with progress only over the long term, building institutions (the GATT, the WTO), yet moving forward in fits and starts, at times seeming to move backward, but with progress in the long term.

So, the bottom-line is that a sensible goal for the international negotiations in Durban is progress on a sound foundation for meaningful long-term action, not some notion of immediate “success.” This does not mean that there should be anything other than a sense of urgency associated with the work at hand, because it is important. But it does mean that we should keep our eyes on the prize.

How Can the Durban Negotiators Keep their Eyes on the Prize?

The keys to success — real, as opposed to symbolic success — in Durban depend upon four imperatives.

1. Embrace Parallel Processes

The UNFCCC process must embrace the parallel processes that are carrying out multilateral discussions (and in some cases, negotiations) on climate change policy: the Major Economies Forum or MEF (a multilateral venue for discussions – but not negotiations – outside of the UNFCCC, initiated under a different name by the George W. Bush administration in the United States, and continued under a new name by the Obama administration, for the purpose of bringing together the most important emitting countries for candid and constructive discussion and debate); the G20 (periodic meetings of the finance ministers – and sometimes heads of government – of the twenty largest economies in the world); and various other multilateral and bilateral organizations and discussions.

The previous leadership of the UNFCCC seemed to view the MEF, the G20, and most other non-UNFCCC forums as competition – indeed, as a threat. Fortunately, the UNFCCC’s new leadership under Executive Secretary Christiana Figueres (appointed by UN Secretary-General Ban Ki-moon in May of 2010) has displayed a considerably more positive and pragmatic attitude toward these parallel processes. That’s a positive sign.

2. Consolidate Negotiation Tracks

There are now three major, parallel processes operative: first, the UNFCCC’s KP track (negotiating national targets for a possible second commitment period – post-2012 – for the Kyoto Protocol); second, the LCA track (the UNFCCC’s negotiation track for Long-term Cooperative Action, that is, a future international agreement of undefined nature); and third, the Cancun Agreements from COP-16 a year ago (based upon the Copenhagen Accord, negotiated and noted at COP-15 in Copenhagen, Denmark, in December, 2009). Consolidating these three tracks into two tracks (or better yet, one track) would be another significant step forward.

The primary way for this to happen would be for the LCA negotiations to focus on the ongoing work of putting more meat on the bones of the Cancun Agreements, which — along with the Copenhagen Accord — marked an important step forward by blurring for the first time (although not eliminating) the unproductive and utterly obsolete distinction in the Kyoto Protocol between Annex I and non-Annex I countries. (Note that more than 50 non-Annex I countries have greater per capita income than the poorest of the Annex I countries.)

In particular, the UNFCCC principle of “common but differentiated responsibilities” could be made meaningful through the dual principles that: all countries recognize their historic emissions (read, the industrialized world); and all countries are responsible for their future emissions (think of the rapidly-growing, large, emerging economies of China, India, Brazil, Korea, Mexico, and South Africa).

As I’ve said before, this would represent a great leap beyond what has become the “QWERTY keyboard” (that is, unproductive path dependence) of international climate policy: the distinction in the Kyoto Protocol between the small set of Annex I countries with quantitative targets, and the majority of countries in the world with no responsibilities. A variety of policy architectures — including but not limited to the Cancun Agreements — could build on these dual principles and make them operational, beginning to bridge the massive political divide that exists between the industrialized and the developing world.

At the Harvard Project on Climate Agreements — a multi-national initiative with some 35 research projects in Australia, China, Europe, India, Japan, and the United States — we have developed a variety of architectural proposals that could make these dual principles operational. (See, for example: “Global Climate Policy Architecture and Political Feasibility: Specific Formulas and Emission Targets to Attain 460 PPM CO2 Concentrations” by Valentina Bosetti and Jeffrey Frankel; and “Three Key Elements of Post-2012 International Climate Policy Architecture” by Sheila M. Olmstead and Robert N. Stavins.)

3. Make Progress on Narrow, Focused Agreements

A third area of success at the Durban negotiations could be realized by some productive steps with specific, narrow agreements, such as on REDD+ (Reduced Deforestation and Forest Degradation, plus enhancement of forest carbon stocks). Other areas where talks are moving forward, although somewhat more slowly, are finance and technology, particularly in the context of adding meat to the bones of the Cancun Agreements.

4. Maintain Sensible Expectations

Finally, it is important to go into these annual negotiations with sensible expectations and thereby effective plans. As I said at the outset, negotiations in this domain are an ongoing process, not a single task with a clear end-point. The most sensible goal for Durban is progress on a sound foundation for meaningful long-term action, not some notion of immediate triumph. The key question is not what Durban accomplishes in the short-term, but whether it helps put the world in a better position five, ten, and twenty years from now in regard to an effective long-term path of action to address the threat of global climate change.

Wait, What About the Kyoto Protocol?

Those who follow these international negotiations closely — including my colleagues on the ground in Durban — are no doubt wondering why I haven’t said something about the 900-pound gorilla in the closet: the fact that the Kyoto Protocol’s first (and so far only) commitment period runs from 2008 through 2012, and so a decision needs to be reached on a possible second (post-2012) commitment period for the Protocol.

Yes, in addition to the LCA (Cancun) track, the Kyoto Protocol (KP) track of negotiations remains. A decision regarding a possible extension (and presumably an enhancement) of the Kyoto Protocol’s emission-reduction targets for the industrialized (Annex I) countries has been punted annually to the next set of negotiations — from Bali in 2007, to Poznan in 2008, to Copenhagen in 2009, to Cancun in 2010, and now to Durban in 2011. It can’t be delayed any longer, because the necessary process of ratification by individual nations would itself take at least a year to complete.

Keeping the Kyoto Protocol going (and with more stringent targets for the Annex I countries) is very important to the non-Annex I countries, sometimes referred to — inaccurately — as the developing countries. I don’t blame them. An approach that provides benefits (reduced climate damages, as well as financial transfers) for the non-Annex I countries without their incurring any costs is surely an attractive route for those nations.

Is a Second Commitment Period for the Kyoto Protocol Feasible?

Putting aside the possible merits of a second commitment period for the Kyoto Protocol, we can ask simply whether it’s in the cards: is it feasible?

Japan, Russia, and Canada have formally announced that they will not take up targets in a second commitment period. Australia, despite its recent domestic climate policy action, seems unlikely to make a significant commitment. Is Europe (plus New Zealand) on its own credible or feasible? Maybe yes, maybe no.

The “yes” part of the answer comes from the fact that Europe has already committed itself to serious emissions reductions through the year 2020 under the European Union Emission Trading Scheme (EU ETS). This will go forward — barring a change of heart by the EU — with or without a second commitment period for the Kyoto Protocol. That said, Europe’s compliance costs under the EU ETS will be much less than otherwise if offsets continue to be made available from non-Annex I countries under the Kyoto Protocol’s Clean Development Mechanism (CDM). This might suggest that the EU has a significant motivation to keep the Kyoto Protocol going.

But international law scholars — such as Professor Daniel Bodansky of Arizona State University‘s Sandra Day O’Connor College of Law — maintain that the Kyoto Protocol (and its CDM) continues as an institution of law whether or not a second commitment period is put in place. Hence, it’s conceivable that the EU could have its cake and eat it too: an ongoing Kyoto Protocol without a second commitment period. And the political pressure on Brussels from the EU’s member states — and from European businesses — might make it difficult for the EU to sign up for a new series of commitments given the obvious absence in such an arrangement of the United States, Russia, Japan, Canada, and — of course — China and the other emerging economies.

A Forecast

This highly contentious issue of a possible second commitment period for the Kyoto Protocol may come to dominate the talks in Durban. This would be unfortunate, because it would simultaneously reduce the likelihood of the negotiators making progress on a sound foundation for meaningful, long-term global action. It would probably also have the effect of producing some drama in the form of highly-charged debates, and possible threats by some delegations to walk out of the negotiations. For this reason, despite the weather, Durban may come to resemble Copenhagen more than Cancun.

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Further Reading

The Harvard Project on Climate Agreements has pulled together an archive of relevant publications, which we call “The Durban Branch” of our climate library. We hope it will be helpful for those gathered in Durban or watching from afar.

Also, a number of previous essays I have written and posted at this blog will be of interest to those who wish to follow developments at the Seventeenth Conference of the Parties of the UN Framework Convention on Climate Change in Durban. Here are links, in reverse chronological order:

Canada’s Step Away From the Kyoto Protocol Can Be a Constructive Step Forward

A Wave of the Future: International Linkage of National Climate Change Policies

Why Cancun Trumped Copenhagen

What Happened (and Why): An Assessment of the Cancun Agreements

Defining Success for Climate Negotiations in Cancun

Three Pillars of a New Climate Pact

Can Countries Cut Carbon Emissions Without Hurting Economic Growth?

Approaching Copenhagen with a Portfolio of Domestic Commitments

Defining Success for Climate Negotiations in Copenhagen

Only Private Sector Can Meet Finance Demands of Developing Countries

Chaos and Uncertainty in Copenhagen?

What Hath Copenhagen Wrought? A Preliminary Assessment of the Copenhagen Accord

Another Copenhagen Outcome: Serious Questions About the Best Institutional Path Forward

Opportunities and Ironies: Climate Policy in Tokyo, Seoul, Brussels, and Washington

Canada’s Step Away From the Kyoto Protocol Can Be a Constructive Step Forward

Canada confirmed this week that it will not take on a target under an extension of the Kyoto Protocol following the completion of the first commitment period, 2008-2012. Given that Canada is likely to miss by a wide margin its current target under the first commitment period, this decision may not be surprising, but it is nevertheless important. More striking, it may actually turn out to be a positive and constructive step forward in the drive to address global climate change through meaningful international cooperation. Why do I say that?

The Current Situation

The Kyoto Protocol, which essentially expires at the end of 2012, divides the world into two competing economic camps. Emission reductions are required for only the small set of “Annex I countries” (essentially those nations that used to be thought of as comprising the industrialized world). Such reductions will not reduce global emissions, and whatever is achieved would be at excessive cost, because of having left so many countries and so many low-cost emissions-reduction opportunities off the table. Furthermore, that dichotomous distinction is by no means fair: more than 50 non-Annex I countries now have higher per capita incomes than the poorest of the Annex I countries. (I have written about this and other issues surrounding the Kyoto Protocol in the past: Defining Success for Climate Negotiations in Cancun; Defining Success for Climate Negotiations in Copenhagen; Three Pillars of a New Climate Pact).

The United States did not ratify the Kyoto Protocol, and has made it clear that it will not take on a target under a second commitment period. The U.S. position continues to be that a considerably broader agreement is necessary – one that includes commitments not only from the Annex I (industrialized) countries, but also from the key emerging economies, such as China, India, Brazil, Korea, Mexico, and South Africa.

For much the same reason, Russia and Japan announced last year that they would not take on post-2012 commitments under the Kyoto Protocol. Further, it is unlikely that Australia will take on such a commitment under Kyoto, essentially leaving the European Union on its own.

On the other hand, the Kyoto Protocol is enthusiastically embraced by the non-Annex I countries (sometimes inaccurately characterized as the “developing countries”), because it holds out the promise of emissions reductions by the wealthiest nations without any responsibilities (costs) borne by others, including the emerging economies.

The Path from Copenhagen to Cancun to Durban

Year after year, the Conference of the Parties to the United Nations Framework Convention on Climate Change has failed to reach agreement on a second commitment period for the Kyoto Protocol. Most recently, in December, 2010, the issue was punted from the annual conference held in Cancun, Mexico, to the next conference, scheduled for December, 2011, in Durban, South Africa.

Because Durban provides the last opportunity to set up post-2012 targets (with time remaining for national ratification actions), it has been anticipated that the negotiations in Durban will re-ignite the divisiveness and recriminations that highlighted the Copenhagen negotiations in 2009 – with verbal hostilities between Annex I countries and non-Annex I countries dominating the discussions at the expense of any other considerations or meaningful actions.

A Positive and Constructive Step Forward

The decision just announced at meetings in Bonn, Germany, by the Canadian delegation that Canada will not take on a target in a second commitment period of the Kyoto Protocol can be a very constructive step forward. This is because it greatly reduces the risk that this year’s annual meeting of the Conference of the Parties in Durban will be dominated by acrimonious debates about a second commitment period for the Kyoto Protocol.

On the contrary, this announcement should encourage the non-Annex I (“developing”) countries, which have been insisting on a second commitment period, to begin to accept the reality that with the United States, Japan, Russia, and now Canada on record as not endorsing a second commitment period for the Kyoto Protocol, it is infeasible for the European Union to go it alone. (Indeed, one might suspect that Australia and most European nations are privately pleased by Canada’s announcement.)

The reality is that the world will be better off by focusing on sensible alternatives under the Long-Term Cooperative Action track of the UN negotiations and by “getting real” about post-Kyoto international climate policy architecture for the long term, such as by putting some additional meat on the Cancun Agreements and by considering any supplemental and sensible architectures the various parties wish to discuss. (For previous posts on the Cancun Agreements, see: Why Cancun Trumped Copenhagen; What Happened (and Why): An Assessment of the Cancun Agreements; Defining Success for Climate Negotiations in Cancun. For descriptions of a wide range of potential global climate policy architectures — ranging from top-down to bottom-up — see the diverse publications of the Harvard Project on Climate Agreements.)

Next Steps

At Cancun, it was encouraging to hear fewer people holding out for a commitment to another phase of the Kyoto Protocol, but it was politically impossible to spike the idea of extending the Kyoto agreement entirely. Instead, it was punted to the next gathering in Durban. Otherwise, the Cancun meeting could have collapsed amid acrimony and recriminations reminiscent of Copenhagen.

Usefully, the Cancun Agreements recognize directly and explicitly two key principles: (1) all countries must recognize their historic emissions (read, the industrialized world); and (2) all countries are responsible for their future emissions (think of those with fast-growing emerging economies). In important ways, this helps move beyond the old Kyoto divide.

The acceptance of the Cancun Agreements last December suggested that the international community may have begun to recognize that incremental steps in the right direction are better than acrimonious debates over unachievable targets. Canada’s announcement should help advance that recognition, and can thereby lead to vastly more productive talks this year in Durban.