The International Climate Change Regime: Kyoto Protocol. Climate Change Law, 2015 Prof. Dr. Christina Voigt

Transcription

1 The International Climate Change Regime: Kyoto Protocol Climate Change Law, 2015 Prof. Dr. Christina Voigt

2 Quiz 1. Which legally binding international agreements exists in the field of climate change? 2. Where do we find the ultimate objective of the UNFCCC? 3. What is the COP? 4. Which principles do we find in the UNFCCC? 2

3 Stronger commitments needed! UNFCCC. Art. 17: Protocol necessary (more specific obligations)

4 Art. 3.1 KP: Annex I Parties shall not exceed their Assigned Amounts) Kyoto Protocol - CPI Adopted , Entered into force , Members: 192 States and the EU Objectives and principles of the Convention apply! Sets quantified emissions limitation and reduction obligations (QELRO) for Annex-I Parties (37 States) Art. 3.1 KP: overall emissions from Annex I Parties shall be reduced to at least 5% below 1990 levels within (First Commitment Period) Assigned Amounts (Annex B)

5 Kyoto Protocol CPII Amendments to the KP in Decision 1/CMP.8 («Doha Amendment»): Second commitment period ( ) for KP Annex-I countries, minus CA (no member), RUS, NZL, J (no KPII) Objective of reducing GHG emisions by at least 18% below 1990 (translation of voluntary pledges into QUELROs no strengthening of commitments), IPCC suggested: range of 25-40%) 15% of global emissions Party may «propose an adjustment to decrease» its QUELRO, review in 2014 P: link to ADP When does it enter into force? (provisional application/ implementation consistent with national legislation or domestic processes)

6 Kyoto Protocol Countries included in Annex B to the Kyoto Protocol and their emissions targets Country Target ( /2012) EU-15, Bulgaria, Czech Republic, Estonia, Latvia, Liechtenstein, Lithuania, Monaco, Romania, Slovakia, Slovenia, Switzerland US -8% -7% Canada, Hungary, Japan, Poland -6% Croatia New Zealand, Russian Federation, Ukraine -5% Norway +1% Australia +8% Iceland +10% 0

7 Kyoto Protocol Countries included in Annex B to the Kyoto Protocol and their emissions targets Country EU-15, Bulgaria, Czech Republic, Estonia, Latvia, Liechtenstein, Lithuania, Monaco, Romania, Slovakia, Slovenia, Switzerland US -8% -20% -7% 0 Canada, Hungary, Japan, Poland -6% -20% Croatia New Zealand, Russian Federation, Ukraine -5% -20% 0-24% Norway +1% -16% Australia +8% - 0,5% Iceland +10% -20%

8 Kyoto Protocol Rules focus on: Commitments: legally binding individual, quantified emissions targets Implementation: domestic masures and four novel implementing mechanisms (flexibility mechanisms) Minimizing impacts on developing countries Accounting, Reporting and Review Compliance: Compliance Committee to assess and deal with problems of non-compliance

9 The compliance system of the Kyoto Protocol Three functions Fact-finding Legal assessment Determination of consequences Legal basis Expert Review Teams (KP art. 8) Non-compliance procedure (KP art. 18) Dec. 24/CP.7 (Marrakesh Accords) Dec. 27/CMP.1 Rules of Procedure (Decision 4/CMP.2 revidert Decision 4/CMP. 4) 9

10 Decision of the Compliance Committee 10

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12 Flexibility Mechanisms Geographic location of abatement measures is climatically irrelevant Aim: global cost-effectiveness and reduction of compliance costs Assigned amounts (AU) can be divided up into units (Assigned Amount Units AAUs) allowing Annex I Parties (37 + EU) to participate in the flexibility mechanisms Units create a tradable currency (1 unit= 1 t CO2 eqv.)

13 Flexibility Mechanisms 4 Types of Mechanisms: International Emissions Trading, Art. 17 (allows for trade with AAUs, ERUs, CERs) Clean Development Mechanism (CDM) Art. 12 Resulting in Certified Emissions Reductions CERs Non-Annex I/ Annex I Projects Joint Implementation (Art. 6) Resulting in Emission Reduction Units ERUs Annex I /Annex I Projects Joint Fulfillment of Commitment (Art. 4)

14 Kyoto Protocol: Flexibility Eligibility Requirements: Annex I Party Ratification of KP Compliance Mechanisms Methodological and reporting infrastructure in place Establishment of designated national entities and registries Inventories for accounting the tradable units

15 Supplementarity Art. 17, Art. 12.3(b), Art. 6.1 (d) Kyoto Protocol Marrakesh Accords: (Decision 15/CP.7) The Conference of the Parties:... Affirming that the use of the mechanisms shall be supplemental to domestic action and that domestic action shall thus constitute a significant element of the effort made by each Party included in Annex I to meet its quantified emission limitation and reduction commitments under Article 3, paragraph 1. (15/CP.7, preamble) 16

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18 The Global Carbon Market AUS ETS (?) Others? Japan South Korea China NZ ETS 2010 IET NOK mil kvoter = 400 mil NOK 10 mil CERs 40 mil NOK International Emissions Trading Art. 17, 3.10, 3.11 KP N (Norge) Annex I 20 mil t CO2 8 Mrd NOK 10 mil ERUs 200 mil NOK Clean Development Mechanism Art. 12 KP Joint Implementation Art. 6 KP L (Lithuania) Annex-I ERUs NOK 20 USA: Federal? WCI RGGI (2012) EU ETS Since 2005 CERs NOK 4 China Non-Annex I