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1.
Luke Kemp 《Climate Policy》2016,16(8):1011-1028
The issue of US ratification of international environmental treaties is a recurring obstacle for environmental multilateralism, including the climate regime. Despite the perceived importance of the role of the US to the success of any future international climate agreement, there has been little direct coverage in terms of how an effective agreement can specifically address US legal participation. This article explores potential ways of allowing for US legal participation in an effective climate treaty. Possible routes forward include the use of domestic legislation such as section 115 (S115) of the Clean Air Act (CAA) and the use of sole–executive agreements, instead of Senate ratification. Legal participation from the US through sole–executive agreements is possible if the international architecture is designed to allow for their use. Architectural elements such as varying legality and participation across an agreement (variable geometry) could allow for the use of sole–executive agreements. Two broader models for a 2015 agreement with legal participation through sole–executive agreements are constructed based upon these options: a modified pledge and review system and a form of variable geometry composed of number of opt-out, voting-based protocols on specific issues accompanied by bilateral agreements on mitigation commitments with other major emitters through the use of S115 and sole–executive agreements under the Montreal Protocol and Chicago Convention (‘Critical Mass Governance'). While there is no single solution, Critical Mass Governance appears to provide the optimum combination of tools to effectively allow for US legal participation whilst ensuring an effective treaty.

Policy relevance

This article provides some recommendations on how to create an effective, legally binding treaty that allow for US legal participation without Senate approval. Given the recent election of a Republican majority in the US Senate and Congress, increasing willingness of the President to utilize his executive powers, as well as a strong shift in negotiations to appease US interests, the insights of this research are timely and relevant to delegations and other United Nations Framework Convention on Climate Change (UNFCCC) actors. It will also be of use to domestic US actors involved with climate policy by illustrating how to allow for effective and sustainable US multilateral engagement that bypasses domestic political gridlock.  相似文献   


2.
The United States’ decision to withdraw from the Paris Agreement (pending possible re-engagement under different terms) may have significant ramifications for international climate policy, but the implications of this decision remain contested. This commentary illustrates how comparative analysis of US participation in multilateral environmental agreements can inform predictions and future assessments of the decision. We compare and contrast US non-participation in the Kyoto Protocol and the Paris Agreement, focusing on four key areas that may condition the influence of US treaty decisions on international climate policy: (i) global momentum on climate change mitigation; (ii) the possibility of US non-participation giving rise to alternative forms of international collaboration on climate policy; (iii) the timing and circumstances of the US decision to exit; and (iv) the influence of treaty design on countries’ incentives to participate and comply. We find that differences across the two treaties relating to the first three factors are more likely to reduce the negative ramifications of US withdrawal from the Paris Agreement compared to the Kyoto Protocol. However, the increased urgency of deep decarbonization renders US non-participation a major concern despite its declining share of global emissions. Moreover, key design features of the Paris Agreement suggest that other countries may react to the US decision by scaling back their levels of ambition and compliance, even if they remain in the Agreement.

Key policy insights

  • Increasing global momentum on mitigation since 1997 means that US withdrawal from the Paris Agreement is potentially less damaging than its non-participation in the Kyoto Protocol

  • Despite the declining US share of global emissions, greater urgency of deep decarbonization means that the non-participation of a major player, such as the US, remains problematic for global cooperation and achieving the Paris Agreement’s goals

  • Differences in the design of the Kyoto Protocol and Paris Agreement suggest that US non-participation is more likely to prompt reluctant countries to stay within the Paris framework but reduce levels of ambition and compliance, rather than exit the Agreement altogether

  相似文献   

3.
The post-agreement period typically is characterized by negotiations between various stakeholders to reach mutually beneficial and acceptable means to achieve national implementation of, and compliance with, treaty provisions. National ratification of international environmental agreements is often the first subprocess of these ‘postagreement negotiations’. This article places ratification negotiations within the larger conceptual context of postagreement negotiations, with the goal of understanding and explaining problems of treaty Implementation. An empirical analysis reveals that delay in national ratification of environmental agreements is a chronic problem, but is worse for complex, multi-issue treaties. Strong public concern over local environmental issues, low quality of life, low national wealth, and low public research and development expenditures for environmental protection contribute to ratification delay. Ultimately, the authors are interested in identifying ways of improving the international negotiation process that initiated these later problems in implementation. Recommendations are offered in this regard.  相似文献   

4.
Abstract

Since the World Climate Change Conference held in the autumn of 2003 in Moscow, Russian Federation, the fate of international climate policy architecture designed around the Kyoto Protocol hangs in the balance. After the withdrawal of the USA from the Kyoto Protocol, the condition of its ratification cannot be met without the Russian Federation. There has been a considerable uncertainty as to Russia's intentions regarding ratification of Kyoto. In this contribution, an attempt is made to identify the Russian motives and concerns, and explain their attitudes regarding the Kyoto Protocol. Pressures against and for ratification are discussed. Finally, a few comments are made about the future of the efforts to solve the global environmental problem of protecting the Earth's climate.  相似文献   

5.
This study reports survey results of American and Chinese citizens administered to determine the effect of reciprocity and the absence of reciprocity on public support of international climate treaties. American and Chinese college students and adults were surveyed about their support for signing an international climate treaty including commitments to reduce their greenhouse gas emissions, conditional on the other country signing the same treaty or not. This study finds knowledge of other-country non-support on average decreases cooperative behaviour among all age groups in both the US and China. Knowledge of China’s support for the treaty is found on average to increase support among American adults, while having no noticeable effect on average support among American college students. Chinese citizens are found to not respond positively to reciprocity. Although not statistically significant at conventional significance levels, knowledge of the US’s support is found on average to decrease support among Chinese college students and adults.

Key policy insights

  • To increase support for international climate treaties, knowledge that another major emitter will sign the treaty does not unanimously increase domestic support.

  • Knowing the other country will not sign the treaty decreases domestic support for signing an international climate treaty for both Americans and Chinese, relative to not being told about the other country’s decision to sign the treaty.

  • Knowing China will sign an international climate treaty on average increases American adult support for signing the same treaty, while American college student support is unaffected.

  • Although not statistically significant at conventional significance levels, knowing the US will sign an international climate treaty on average decreases Chinese support for signing the same treaty.

  • Policy-makers pursuing increased international support of climate treaties by first getting support from countries with substantial historical emissions might deter international support if little attention to fairness concerns is given.

  相似文献   

6.
The conventional piecemeal approach to environmental treaty-making has resulted in a ‘maze’ of international agreements. However, little is known empirically about its overall structure and evolutionary dynamics. This study reveals and characterizes the evolving structure of the web of international environmental treaty law. The structure was approximated using 1001 cross-references among 747 multilateral environmental agreements concluded from 1857 to 2012. Known network analysis measures were used to answer the following questions: has a complex system of international environmental treaty law emerged? If so when, and what does it look like? What are its topological properties? To what extent is the institutional complex fragmented? The network analysis suggested that multilateral environmental agreements have self-organized into an interlocking system with a complex network structure. Furthermore, the system has defragmented as it coevolved with the increasing complexity and interconnectivity of global environmental challenges. This study demonstrates the need to approach multilateral environmental agreements in the context of a complex networked system, and recommends against assuming the overall institutional structure is fragmented. Proposals for global environmental governance reform should pay attention to this network's emergent polycentric order and complexity and to the implications of these features for the functioning of the multilateral environmental agreement system.  相似文献   

7.
《Climate Policy》2013,13(1):67-76
Abstract

Russian Kyoto related interests are economic and after the US withdrawal the mission of Russian actors has been to find new demand for Russian credits and allowances. Kyoto related benefits to Russia will be significantly smaller than earlier expected, however, the revenues are now more likely to be focused on climate change mitigation purposes. Competition in the Kyoto market has established buyers’ market and Russia has to accommodate the interests of investors in order to gain benefits. The Russian initiative ‘Green Investment Scheme’ to recycle revenues from International Emissions Trading (IET) to further environmental activities would convene demand for Russian AAUs but experience the same problems than the previous initiatives: inadequate institutional arrangement, unclear division of responsibilities between domestic actors, prolonged ratification process and lack of eligibility strategy. These problems have prevented implementation of GIS so far. Therefore, these problems have to be addressed by high-level Russian policy-makers if serious benefits from Kyoto are sought. Actors building alliances with Russia should focus on assisting with solving these problems.  相似文献   

8.
The number of climate change laws in major economies has grown from less than 40 in 1997 to almost 500 at the end of 2013. The passage of these laws is influenced by both domestic and international factors. This article reviews the main international factors, drawing on a powerful new dataset of climate legislation in 66 national jurisdictions. We find that the propensity to legislate on climate change is heavily influenced by the passage of similar laws elsewhere, suggesting a strong and so far under-appreciated role for international policy diffusion. International treaties such as the Kyoto Protocol work in two ways. The impact of the Kyoto Protocol itself is limited to countries with formal obligations under the treaty. In addition, the prestige of hosting an international climate summit is associated with a subsequent boost in legislation. Legislators seem to respond to the expectations of climate leadership that these events bestow on their host.

Policy relevance

A global solution to climate change will ultimately have to be anchored in domestic legislation, which creates the legal basis for countries to take action. Countries are passing climate legislation in a growing number. This article asks to what extent they are motivated to do so by international factors, such as existing treaty obligations. We find that the Kyoto Protocol has been a less important factor in explaining climate legislation outside Annex I than the passage of similar laws elsewhere. This suggests that international policy diffusion plays an important and so far under-appreciated role in global climate policy, complementing formal treaty obligations.  相似文献   


9.
《Climate Policy》2013,13(4):387-393
Abstract

Russia has a crucial veto on the entry into force of the Kyoto Protocol. The preparation of the ratification and institutional reform have begun in April 2002. The ratification process is based on the activities by high-level policy makers who have other priorities, federal level institutional actors which may be unclear about their roles and the few overloaded expert civil servants. After the US withdrawal from Kyoto, arguments against ratification have appeared in the Russian debate, mostly based on the lack of clarity of the economic benefits available. Ratification would require Russia to establish an eligibility strategy under Kyoto and divide responsibilities and rights between the government, regional and private sector actors. The legal procedure of ratification is simple but internal political complexities may delay the process.  相似文献   

10.
Abstract

Further ratification of the Kyoto Protocol by non-Annex 1 countries such as the State of Qatar will not affect the entrance into force of the Treaty; however, ratification remains an important decision due to other considerations, primarily the economic costs and benefits associated with ratification. As a member of the Organization of Petroleum Exporting Countries (OPEC), Qatar's economic position is closely allied with revenue generated from its oil and natural gas resources. Qatar expects adverse impacts from implementing the Kyoto Protocol, though the estimated magnitude varies enormously with different models. Also, the impacts depend significantly on how the implementation is done; for example, the kind of policies that other countries use. Qatar is able to counter adverse impacts by exploiting its greater share of natural gas and developing energy-intensive industries that produce nonenergy goods such as steel, petrochemicals, and chemicals. Furthermore, it is clear that clauses in the Protocol can be developed to protect OPEC interests, and if Qatar does not ratify the Protocol, it will be excluded from the subsequent rule-making processes. On balance, there are benefits to ratifying the Treaty, and there is also a strong need for extensive further research.  相似文献   

11.
In order to alleviate the threat of global climate change, coordinated international action is needed. This cooperation should include multilateral agreements and new economic initiatives to help implement measures that will slow the accumulation of carbon dioxide in the Earth's atmosphere due to tropical deforestation and fossil-fuel use. An international market in environmental services can help to safeguard the Earth's climate and foster economic development through a North-South transfer of financial resources.We suggest international carbon-emission offsets (ICEOs) as a means by which international markets, under a policy umbrella such as a multilateral climate-protection treaty, could trade carbon-saving services. Such a market would provide a currency for rewarding actions that reduce global carbon emissions, allowing carbon emitters to seek the least expensive ways to reduce emissions. This currency would transfer cash and/or debt relief from industrialized nations to developing nations, allowing the developing nations to profit from the use of clean energy technologies and the protection, rather than depletion, of tropical forests.  相似文献   

12.
Russian Kyoto related interests are economic and after the US withdrawal the mission of Russian actors has been to find new demand for Russian credits and allowances. Kyoto related benefits to Russia will be significantly smaller than earlier expected, however, the revenues are now more likely to be focused on climate change mitigation purposes. Competition in the Kyoto market has established buyers’ market and Russia has to accommodate the interests of investors in order to gain benefits. The Russian initiative ‘Green Investment Scheme’ to recycle revenues from International Emissions Trading (IET) to further environmental activities would convene demand for Russian AAUs but experience the same problems than the previous initiatives: inadequate institutional arrangement, unclear division of responsibilities between domestic actors, prolonged ratification process and lack of eligibility strategy. These problems have prevented implementation of GIS so far. Therefore, these problems have to be addressed by high-level Russian policy-makers if serious benefits from Kyoto are sought. Actors building alliances with Russia should focus on assisting with solving these problems.  相似文献   

13.
《Climate Policy》2013,13(2):159-170
Abstract

Russia, Ukraine and Kazakhstan have each participated actively in the UN Framework Convention on Climate Change (UNFCCC) Conferences of the Parties, and each is developing domestic rules and institutions to address UN obligations under the treaties. Russia and Ukraine are each Annex I/Annex B countries. Kazakhstan will become Annex I upon ratification of the Kyoto Protocol, but has not yet established itself as Annex B. Each state has evolved a distinct set of policies and priorities in the domestic and the international arena. Drawing largely on interviews in each country, this article presents brief histories of the evolution of climate policy, focusing on each state's behavior in the international arena, the sources of domestic policy leadership, and the forces that led to change in each national approach. Current policies and practices are evaluated with an eye towards learning from the successes and failures in each state.  相似文献   

14.
《Climate Policy》2013,13(4):293-301
Abstract

This article summarises the results of an evaluation of the Climate Change Initiative launched by President Bush in February 2002. The policy target to reduce the greenhouse gas intensity of the US economy by 18% between 2002 and 2012 can be considered modest at best. The Initiative is likely to result in a 32% increase in US greenhouse gas emissions in 2012 compared to the 1990 levels. The effort also falls considerably short of efforts of the EU, Japan and Canada under the Kyoto Protocol. The Bush Initiative advocates using intensity targets in the international climate change regime, but overlooks fundamental problems associated with this approach. All the same, the Bush Initiative is of political significance as it recognises the importance of the climate change problem and may improve the longer-term prospects for US participation in a global climate regime.  相似文献   

15.
Land-use activities that affect the global balance of greenhouse gases have been a topic of intense discussion during ongoing climate change treaty negotiations. Policy mechanisms that reward countries for implementing climatically beneficial land-use practices have been included in the Bonn and Marrakech agreements on implementation of the Kyoto Protocol. However some still fear that land-use projects focused narrowly on carbon gain will result in socioeconomic and environmental harm, and thus conflict with the explicit sustainable development objectives of the agreement. We propose a policy tool, in the form of a multi-attribute decision matrix, which can be used to evaluate potential and completed land-use projects for their climate, environmental and socioeconomic impacts simultaneously. Project evaluation using this tool makes tradeoffs explicit and allows identification of projects with multiple co-benefits for promotion ahead of others. Combined with appropriate public participation, accounting, and verification policies, a land-use activity decision matrix can help ensure that progressive land management practices are an effective part of the solution to global climate change.  相似文献   

16.
《Climate Policy》2002,2(4):387-393
Russia has a crucial veto on the entry into force of the Kyoto Protocol. The preparation of the ratification and institutional reform have begun in April 2002. The ratification process is based on the activities by high-level policy makers who have other priorities, federal level institutional actors which may be unclear about their roles and the few overloaded expert civil servants. After the US withdrawal from Kyoto, arguments against ratification have appeared in the Russian debate, mostly based on the lack of clarity of the economic benefits available. Ratification would require Russia to establish an eligibility strategy under Kyoto and divide responsibilities and rights between the government, regional and private sector actors. The legal procedure of ratification is simple but internal political complexities may delay the process.  相似文献   

17.
《Climate Policy》2013,13(4):273-292
Abstract

The US decision not to ratify the Kyoto Protocol and the recent outcomes of the Bonn and Marrakech Conferences of the Parties have important implications for both the effectiveness and the efficiency of future climate policies. Among these implications, those related with technical change and with the functioning of the international market for carbon emissions are particularly relevant, because these variables have the largest impact on the overall abatement cost to be borne by Annex B countries in the short and in the long run. This paper analyses the consequences of the US decision to withdraw from the Kyoto/Bonn Protocol both on technological innovation and on the price of emission permits (and, as a consequence, on abatement costs). In particular, the analysis highlights mechanisms and feedbacks related to technological innovation, technological spillovers and R&D which could be relevant and which modify some policy relevant conclusions. First, we identify two feedback effects which explain why our results lead to a less significant fall in the price of permits than in most empirical analyses recently circulated. We show that the US defection from the Kyoto Protocol, by inducing a decline in the demand and price of emission permits, lowers the incentives to undertake energy-saving R&D. As a consequence, emissions increase and feed back on the demand and supply of permits, thus implying a lower decline in the price of permits than previously estimated. At the same time, as a result of the reduced R&D investments and the augmented emissions, climate change damages intensify and require an increase in investments that are again coupled with a growth of emissions. By thus again increasing the demand for permits and reducing their supply, this effect enhances the previous mechanism. Notwithstanding the lower decline in the price of permits, the paper still identifies a smaller price than would occur with a US participation. Therefore, we emphasise in a second step the crucial role of Russia in climate negotiations due to a large increase in Russia's bargaining power.  相似文献   

18.
Russia, Ukraine and Kazakhstan have each participated actively in the UN Framework Convention on Climate Change (UNFCCC) Conferences of the Parties, and each is developing domestic rules and institutions to address UN obligations under the treaties. Russia and Ukraine are each Annex I/Annex B countries. Kazakhstan will become Annex I upon ratification of the Kyoto Protocol, but has not yet established itself as Annex B. Each state has evolved a distinct set of policies and priorities in the domestic and the international arena. Drawing largely on interviews in each country, this article presents brief histories of the evolution of climate policy, focusing on each state’s behavior in the international arena, the sources of domestic policy leadership, and the forces that led to change in each national approach. Current policies and practices are evaluated with an eye towards learning from the successes and failures in each state.  相似文献   

19.
This article addresses concerns that the multilateral trade regime centered in the WTO and the emerging climate regime may conflict in ways that could be damaging to either or both. The article discusses the institutional and diplomatic context of these concerns, and it identifies the kinds of issues that are in question. The analysis suggests that there are opportunities for win–win outcomes in the interactions of the two regimes, for instance in the possibility of reducing fossil fuel subsidies. However, there are also problematic areas where they intersect. A core issue—and as yet an unresolved one—is whether and how emission credit trading and other activities envisioned by the Kyoto Protocol would be subject to WTO rules. The resolution of this issue will affect many other issues as well. Additional specific issues about the interactions of particular provisions in WTO agreements and the Kyoto Protocol are analyzed in a subsequent companion article in Climate Policy.  相似文献   

20.
《Climate Policy》2013,13(3):221-231
Abstract

Five years down the road from Kyoto, the Protocol that bears that city's name still awaits enough qualifying ratifications to come into force. While attention has been understandably focussed on the ratification process, it is time to begin thinking about the next steps for the global climate regime, particularly in terms of a deeper inclusion of developing countries' concerns and interests. This paper begins doing so from the perspective of the developing countries. The principal argument is that we need to return to the basic principles outlined in the Framework Convention on Climate Change in searching for a north—south bargain on climate change. Such a bargain may be achievable if we can realign the policy architecture of the climate regime to its original stated goals of sustainable development.  相似文献   

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