There is misinformation in many reports that the Kyoto Protocol expires in 2012
and talks for a new treaty must be launched in Bali. The reality is more
complex.
AS THE Bali meetings on climate change near there is a frenzy of activities and
statements about what to do about this problem.
Last week, the Asean leaders adopted a declaration on climate change, calling
for “an effective, comprehensive and equitable post-2012 international climate
change arrangement.”
For the Bali meetings to succeed, some facts about the current regime need to be
straightened out.
In many statements and media reports, there is misinformation that the Kyoto
Protocol expires in 2012, and a new protocol must be created to replace it.
This misinformation was for example published in a Singapore newspaper report on
the Asean Summit last week.
The Kyoto Protocol was established in 1997 under the UN Convention on Climate
Change (which itself was adopted in 1992).
Under Kyoto, developed-country members are legally required to cut their
greenhouse gas emissions. They agreed to cut emissions collectively by 5%
between 1990 and the end of the first commitment period, which is 2008 to 2012.
Each country has its own specified target, and the targets are all listed in an
annex.
Developing countries are not required to commit to emission reductions, because
of their lower development level, and as they contributed little to the
historical build up of carbon dioxide in the atmosphere.
They committed to collect data on greenhouse gases at the national level, and to
formulate national measures to avoid and adapt to climate change.
However, it was also agreed that their actions depend on the extent to which the
developed countries meet their other protocol commitments – to provide finance
and technology to the poorer countries.
The importance of the year 2012 is because the first commitment period of the
developed countries ends then. The Protocol has a mandate for further commitment
periods. The second commitment period starts in 2013.
By then the developed countries must have an agreed legally binding set of
targets for further reducing their emissions. And the leaders of many of these
countries say that by 2009 the targets must already be set to enable a smooth
transition..
Thus, what is in the books is a negotiation for a second set of commitments of
the developed countries for the post-2012 period. It is wrong to claim that the
Kyoto Protocol expires in 2012. Only the first commitment period ends then, and
a second period should begin in 2013.
Why then the publicity about the need for a “comprehensive” post-2012 treaty? In
reality, the developed countries are no longer satisfied with the Kyoto
Protocol’s exemption of developing countries from binding emission cuts.
It appears that they are now placing new conditions before setting emission
targets for themselves. And the main condition seems to be that developing
countries begin to take on more commitments.
At least they are targeting big countries like China and India and possibly more
industrialised countries such as South Korea, Brazil and some in Asean.
The call for a “new post-2012 treaty” and for “comprehensive negotiations” is
thus a code for pulling in developing countries into making commitments, with
different levels or types of commitments for different developing countries.
Since it is very controversial to place this demand so directly, there is
publicity of the need for a “comprehensive agreement”, to replace the Kyoto
protocol.
Another problem is the refusal of the United States and Australia to join the
Kyoto Protocol or follow its emission targets. The US has complained that Kyoto
lets off the big developing countries off the hook, and it used this as a reason
for pulling out of Kyoto.
Several European countries, having woken up to the realities of climate science,
want the United States to be part of a post-2012 set of targets for emission
cuts, and to somehow also pull in some developing countries either to commit to
cut their emissions or to undertake semi-hard commitments.
But many developing countries are not yet ready to undertake legally binding or
semi-binding commitments. For a start, the developed countries have not yet
lived up to their commitments – either to adequately cut their emissions, or to
provide funds and technology to developing countries.
Second, they argue that what is important is not the total emissions put out by
a country, but its per capita emissions. And most developing countries’
emissions per person are still low compared to developed countries’ levels.
Third, they are concerned that if they have to curb their emissions, their
economic and social development will be affected. There are recent studies
showing that growth will be hardly affected (only reduced by 0.12% a year) if
the required deep emission cuts are done in a proper way.
Whether to put an end to the Kyoto Protocol or to create a “new post-2012
treaty” is by no means on the cards in Bali. We should not proceed to these
important climate talks with wrong expectations, for then it would be harder to
achieve success.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Talk on Intellectual Property Law (10 Feb 2012) Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
Seminar on the Fundamentals of Bankruptcy Proceedings (21 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, the seminar on “The Fundamentals of Bankruptcy Proceedings”, featuring Sanjeev Kumar Rasiah, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 21 Feb 2012 (Tuesday). Click on the link above for more details.
Seminar on the Fundamentals of Conveyancing (24 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Mediation Skills Training Course (29 Feb to 4 Mar 2012) Organised by Bar Council, the Mediation Skills Training Course will take place at 8:30 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 29 Feb to 4 Mar 2012 (Wednesday to Sunday). Deadline for registration and payment is 17 Feb 2012 (Friday). Click on the link above for more details.
Talk on “Land Fraud: An Australian Perspective” (13 Mar 2012) Organised by IGIL, GSGSG and UUM COLGIS, this free talk featuring Quintin George Rozario of Delta Law, Brisbane, Australia, will take place at 9:00 am, at Dewan Seminar A, Pusat Konvensyen, Universiti Utara Malaysia, Kedah, on 13 Mar 2012 (Tuesday). To RSVP, contact Mr Abutt (04-928 4397; abutt@uum.edu.my).