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Treaty Norms and Climate Change Mitigation
Published online by Cambridge University Press: 25 March 2011
Abstract
Treaty Norms and Climate Change Mitigation
Darrel Moellendorf
Currently the international community is discussing the regulatory framework to replace the Kyoto Protocol after 2012. The unveiling of the new framework is scheduled to occur at the December 2009 COP in Copenhagen. The stakes are high, since any treaty will affect the development prospects of per capita poor countries and will determine the climate change–related costs borne by poor people for centuries to come. Failure to arrive at an agreement would have grave effects on the development prospects of poor countries, many of which will experience the most severe effects of climate change. The original UNFCCC treaty recognizes these kinds of concerns and requires that further treaty negotiation pay them heed. Any agreement will be required to conform to UNFCCC norms related to sustainable development and the equitable distribution of responsibilities. In this paper I argue that UNFCCC norms tightly constrain the range of acceptable agreements for the distribution of burdens to mitigate climate change. I conclude that any legitimate treaty must put much heavier mitigation burdens on industrialized developed countries. Of the various proposals that have received international attention, two in particular stand out as possibly satisfying UNFCCC norms regarding the distribution of responsibilities.
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References
Notes
1 United Nations Framework Convention on Climate Change (UNFCCC), “Report of the Conference of the Parties on its thirteenth session, held in Bali from 3 to 15 December 2007,” Addendum, Decision 1/CP/13; available at unfccc.int/meetings/cop_13/items/4049.php(accessed October 21, 2008).Google Scholar
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3 “Parts per million” in this context is the ratio of the number of greenhouse gas molecules to the total number of molecules of air.Google Scholar
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9 Compare Darrel Moellendorf, “A Normative Account of Dangerous Climate Change” (unpublished).Google Scholar
10 Stephen H. Schneider and Janica Lane discuss mitigation under 3.5 degrees Celsius as the goal in their “An Overview of ‘Dangerous’ Climate Change,” inJoachim Schellnhuber, Hans et al. , eds., Avoiding Dangerous Climate Change (Cambridge: Cambridge University Press, 2006), pp. 7–24.Google Scholar Yu. A. Izrael and S. M. Semenov advocate a goal of 2.5 degrees in their “Critical Levels of Greenhouse Gases, Stabilization Scenarios, and Implications for the Global Decisions,” in the same volume, pp. 73–79.
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20 Traxler, Martino, “Fair Chore Division for Climate Change,” Social Theory and Practice 28, (2002), pp. 101–34.Traxler's principle of burden equalization in eschewing equalizing percentages of CO2 reductions is distinct from John Stuart Mill's principle of equality of sacrifice in taxation, which holds that people should be taxed at equal rates. SeeStuart Mill, John, Principles of Political EconomyCrossRefGoogle Scholar, Pt. II, Bk. V, chap. II: “Setting out, then, from the maxim that equal sacrifices ought to be demanded from all, we have next to inquire whether this is in fact done, by making each contribute the same percentage on his pecuniary means.” Mill contends that generally it is so done. I am indebted to an anonymous referee for alerting me to Mill's discussion. The Mill text is available in The Collected Works of John Stuart Mill, Volume III (1848); available at oll.libertyfund.org/?option=com_staticxt &staticfile=show.php%3Fperson=21 &Itemid=28 (accessed April 25, 2009).
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33 Chair, Ad Hoc Working Group on Long-Term Cooperative Action Under the Convention, “Negotiating Text” (see note 30).Google Scholar
34 Singer, , One World, p.36.Google Scholar
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38 Ibid.Google Scholar
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42 Ibid., p.55.Google Scholar
43 IPCC, “Climate Change 2007: Synthesis Report: Summary for Policymakers,” pp. 20–21.Google Scholar
44 This is well documented in the UNDP's Human Development Report 2007/2008. See note 14 and in the IPCC's “Fourth Assessment Report.” See “IPCC, 2007: Summary for Policymakers,” inParry, M. L. et al. , eds., Climate Change 2007: Impacts, Adaptation and Vulnerability. Contribution of Working Group II to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (Cambridge: Cambridge University Press, 2007)Google Scholar; available at http:\\www.ipcc.ch/pdf/assessment-report/ar4/wg2/ar4-wg2-spm.pdf (accessed May 27, 2009). But for another report, see the World Health Organization's submission to the Ad Hoc Working Group on Long-Term Cooperative Action; available at unfccc.int/resource/docs/2009/smsn/igo/047.pdf (accessed May 27, 2009).
45 See, e.g., Athanasiou and Baer, Dead Heat.Google Scholar
46 Stephen M. Gardiner has perspicaciously analyzed this intergenerational collective action problem in a set of papers. See his “The Real Tragedy of the Commons,” Philosophy & Public Affairs 30 no. 4 (2001), pp. 387–416; and “The Global Warming Tragedy and the Dangerous Illusion of the Kyoto Protocol,” Ethics & International Affairs 18 no. 1 (2004), pp. 23–39.CrossRefGoogle Scholar
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