The June round of UNFCCC negotiations ended with a draft negotiating text for the Long-Term Cooperative Action track and five additional draft protocols submitted for consideration at the big Conference of the Parties in December in Copenhagen (COP 15). The Kyoto Protocol track closed in even more chaos. There was no agreement to forward proposed protocol amendments for consideration in Copenhagen, including a draft schedule of emissions cuts by developed (Annex 1) countries during the second commitment period. Faced with a passing deadline and no draft emissions cuts, a coalition of parties led by Brazil, submitted their own draft amendment language (and schedule of emissions cuts) and they weren’t the only party to do so. Their submission came with strong language accusing developed countries trying to destroy the global compact, language which was echoed in only somewhat milder tones in the hallways. Before we head into the next round of meetings on August 10th, now seemed like an opportune time to revisit the question of how the tracks may or may not merge. (Merging Tracks: Orderly Yield or Head On Collision)
For months there has been a sense that if the parties could hash out a political deal, a legal form could be found to fit it. This was the case with the early environmental agreements, where each one broke quite new ground. But process and precedents trumps all in a multi-lateral negotiation of this scale and history. All amendments (either to the Convention or the Kyoto Protocol) and all new protocols had to be submitted to the Secretariat at least six months prior to the Conference of the Parties where they would be considered. During the June meeting, the six month notification period before COP 15 closed. So now we know exactly what amendments and protocols are on the table to consider in Copenhagen; 5 draft protocols for the Convention and several competing Kyoto Protocol amendments. We’re also left with a 200 page LCA negotiating text and no clear idea of the legal form it will or can take, now that the six month window has closed. The LCA text will occupy 100% of the agenda time in official meetings between now and Copenhagen on the LCA track and the five competing protocols will only be officially discussed at the final meeting in December. In the meantime, unofficial meetings, hosted by the parties supporting the various protocols, will be held on the sidelines. The official Kyoto Protocol meetings will be absorbed with work on decision text to forward to the COP and it is unclear where or how the amendments will be negotiated, though they have more flexibility to use their official meeting time to negotiate the amendments.
All of a sudden, discussions on legal form have blossomed and rapidly become as polarized as the debate on emissions targets. How did we end up with this tangled web? The trouble centers around how best to incorporate the US in a global deal, since everyone is quite clear now that US accession to the Kyoto Protocol is not in the cards. Read the rest of this entry »





