Global negotiations cop19warsaw_p3

Global Climate Negotiations
Warsaw COP-19 Negotiations
Negotiations from 11 to (extended) 23 November 2013
Brief Assessment:
Decisions Made and Decisions Deferred
“Commitments” vs “Contributions”
25 November 2013
Arthur Lee

© 2013 Arthur Lee

Photos by Arthur Lee excepted where noted

1

COP19 Warsaw
25 November


The COP19 negotiations concluded its five parallel tracks of
negotiations under the UN Framework Convention on Climate Change
and the Kyoto Protocol:
–

Subsidiary Body on Science and Technological Advice (SBSTA)

–

Subsidiary Body on Implementation (SBI)

–

Conference of Parties (COP)

–

Conference of Parties Serving as the Parties to the Kyoto Protocol (CMP)

–

Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP, or
the 2015 treaty)



Decisions were agreed to in the important areas of advancing the
elements of the 2015 treaty, which has to be completed by 2015 to
come into effect in 2020, replacing the Kyoto Protocol..



Nations agreed to continue work on elements of the draft negotiating
text in March 2014 when the ADP meets again to formulate elements in
six must-have categories: mitigation, adaptation, finance,
technology development and transfer, capacity-building and
transparency of action and support. These elements of the draft
negotiating text are scheduled to be ready for COP20 Lima in 2014.



Another one of the few areas of progress is the 2013-2015 review of the
2 °C or 1.5 °C target. Nations agree to continue to hear input from IPCC
at COP20 Lima. The science of climate change was an ever-present
factor in this COP because of Supertyphoon Haiyan and will be again in
COP20 because of the IPCC Fifth Assessment’s publication.
© 2013 Arthur Lee

Photo by IISD coverage and Arthur Lee
Marcin Korolec, Minister of Environment, Poland, presided over COP19.
ADP co-chairs Runge-Metzger and Kumarsingh convenes ADP
negotiations .
2

COP19 Warsaw
25 November


Negotiators were able to agree to a new mechanism, the Warsaw
International Mechanism for Loss and Damage under the Cancun
Adaptation Framework, associated with impacts of climate change,
including extreme events and slow onset events, in developing
countries that are particularly vulnerable to the adverse effects of
climate change.



In addition to knowledge sharing and enhancing understanding of
impacts, the Warsaw International Mechanism is also intended to
enhance action and support, including finance, technology and
capacity-building, to address loss and damage associated with the
adverse effects of climate change,



However, the impasse on issues that are most relevant to business
and industry could not be breached. These include:
–

–



The Joint report of the Technology Executive Committee and the Climate
Technology Centre and Network was not recognized due to strong
disagreement between nations on the role of the Technology Executive
Committee in relationship to the World Trade Organization and the World
Intellectual Property Organization.
New market mechanisms, non-market mechanisms made no progress at
all as negotiators could not agree on how far to develop language for either
mechanism, and progress on both are now tied together.

These issues on technology transfer and possible new marketbased mechanisms are some of the most important issues to the
Photos by Arthur Lee
private sector. Progress will have to be made in 2014 for them to be
Negotiators at the tech transfer negotiations shared a moment of levity.
considered as part of the new agreement in 2015..
But there was not much to celebrate later as they failed to agree to

© 2013 Arthur Lee

recognize the joint report of the Technology Exec Committee
and the Climate Technology Centre and Network.

3

COP19 Warsaw
Decisions Made and Decisions Deferred: A Brief Assessment
24 November


Warsaw was not expected to be a high-profile round of climate change
negotiations. Over 10,000 delegates, negotiators, representatives of
intergovernmental organizations non-governmental organizations, and
journalists registered to attend, which is near average for the Conference
of Parties of the United Nations Framework Convention on Climate Change
in its 19th Session (COP19), which is held annually.



Negotiators had some 100 issues spread through the five tracks of
negotiations to negotiate, and some 50 decisions that should have been
made. At the end of the second week, ministers and their lead negotiators
kept up the long tradition (unfortunately) of going late nights, round-theclock and going 24 hours beyond the scheduled close of Friday evening.



Haiyan played a role in these negotiations, as the lead negotiator for
Philippines Mr. Nadereve Sano announced and fasted throughout the
two-weeks in solidarity with his brother and other countrymen who
were dead, displaced and hungry for days. The decision to establish
a loss and damage mechanism, which might not have concluded
negotiations for another year or two, accelerated to an interim
arrangement at Warsaw primarily because of the supertyphoon,
though the Warsaw International Mechanism on Loss and Damage
has no special funding at this time.



Advancing the Durban Platform was the key to a perception of
success. Without the agreement reached overtime, COP19 Warsaw
would have been deemed a failure. Late night debate over the word
“commitment” by Brazil, China India and South Africa, weakened to
the word “contributions” show a long road ahead to COP20 and
COP21.
© 2013 Arthur Lee

Photos by Arthur Lee.
NGOs demonstrating. NASA/Caltech JPL scientist at the U.S. Center 4

COP19 Warsaw
Decisions to Further Advancing the Durban Platform
Details (1 of 4)


“Commitments” v “Contributions”: The word commitments was
substituted by contributions in an eleventh-hour compromise.



Paragraph 2. Decides, …



(a) To request the Ad Hoc Working Group on the Durban Platform for
Enhanced Action to further elaborate, beginning at its first session in
2014, elements for a draft negotiating text, taking into consideration its
work, including, inter alia, on mitigation, adaptation, finance,
technology development and transfer, capacity-building and
transparency of action and support;



(b) To invite all Parties to initiate or intensify domestic preparations for
their intended nationally determined contributions, without prejudice to
the legal nature of the contributions, in the context of adopting a
protocol, another legal instrument or an agreed outcome with legal
force under the Convention applicable to all Parties towards achieving
the objective of the Convention as set out in its Article 2 and to
communicate them well in advance of the twenty-first session of the
Conference of the Parties (by the first quarter of 2015 by those Parties
ready to do so) in a manner that facilitates the clarity, transparency
and understanding of the intended contributions, without prejudice to
the legal nature of the contributions;



(c) To request the Ad Hoc Working Group on the Durban Platform for
Enhanced Action to identify, by the twentieth session of the
Conference of the Parties, the information that Parties will provide
when putting forward their contributions, without prejudice to the legal
nature of the contributions … ;

© 2013 Arthur Lee

Webcast Excerpts
India’s and China’s lead negotiators both challenged the word
“commitments” in the draft decision text
5

COP19 Warsaw
Details (2 of 4)


Paragraph 2. Decides, …



(d) To urge and request developed country Parties, the operating
entities of the financial mechanism and any other organizations in a
position to do so to provide support for the related activities referred to
… above as early as possible in 2014; …



Paragraph 4. Also resolves to enhance ambition in the pre-2020
period in order to ensure the highest possible mitigation efforts under
the Convention by all Parties by:



(a) Urging each Party that has not yet communicated a quantified
economy-wide emission reduction target or nationally appropriate
mitigation action, as applicable, to do so;



(b) Urging each developed country Party to implement without delay
its quantified economy-wide emission reduction target under the
Convention and, if it is also a Party to the Kyoto Protocol, its quantified
emission limitation or reduction commitment for the second
commitment period of the Kyoto Protocol, if applicable;



(c) Urging each developed country Party to revisit its quantified
economy-wide emission reduction target under the Convention and, if
it is also a Party to the Kyoto Protocol, its quantified emission
limitation or reduction commitment for the second commitment
period of the Kyoto Protocol…
Photos of COP19 Webcast
Taken moments after the decision was gaveled by the COP19
President Marcin Korolec, Poland, adopting the decision to further
Advancing the ADP.

© 2013 Arthur Lee

6

COP19 Warsaw
Details (3 of 4)


Paragraph 4. …



(d) Urging each developed country Party to periodically evaluate the
continuing application of any conditions associated with its
quantified economy-wide emission reduction target, with a view to
adjusting, resolving or removing such conditions;



(e) Urging developed country Parties to increase technology,
finance and capacity-building support to enable increased
mitigation ambition by developing country Parties;



(f) Urging each developing country Party that has communicated its
nationally appropriate mitigation action to implement it and,
where appropriate, consider further action, recognizing that
nationally appropriate mitigation actions will be taken in the
context of sustainable development, supported and enabled by
technology, finance and capacity-building;

Webcast photos
US Special Envoy Todd Stern pushes back on China’ and India’s point
about the word “commitments.” EU lead negotiator did the same.
© 2013 Arthur Lee

7

COP19 Warsaw
Details (4 of 4)


Paragraph 5. Decides to accelerate activities under the
workplan on enhancing mitigation ambition in accordance with
decision l!CP.l7, paragraphs 7 and 8, by:



(a) Intensifying, as from 20l4, the technical examination of
opportunities for actions with high mitigation potential, including
those with adaptation and sustainable development co-benefits,
with a focus on the implementation of policies, practices and
technologies that are substantial, scalable and replicable,
with a view to promoting voluntary cooperation on concrete
actions in relation to identified mitigation opportunities in
accordance with nationally defined development priorities;



(b) Facilitating the sharing among Parties of experiences and
best practices of cities and subnational authorities, where
appropriate, in identifying and implementing opportunities to
mitigate greenhouse gas emissions and adapt to the adverse
impacts of climate change, with a view to promoting the
exchange of information and voluntary cooperation;



(c) Inviting Parties to promote the voluntary cancellation of
certified emission reductions, without double counting, as a
means of closing the pre-2020 ambition gap;



(d) Considering further activities to be undertaken under that
workplan at the twentieth session of the Conference of the
Parties;

© 2013 Arthur Lee

Webcast Excerpts
ADP Co-Chair Kumarsingh sparred with Bolivian negotiator
Over a point of order.
8

COP19 Warsaw
Decisions on Warsaw International Mechanism on Loss and Damage
Details (1 of 3)


Paragraph 2. Establishes an executive committee of the Warsaw
international mechanism, which shall function under the guidance
of, and be accountable to, the Conference of the Parties, to guide
the implementation of functions referred to under paragraph 5
below;



Paragraph 3. Requests the executive committee to report
annually to the Conference of the Parties through the Subsidiary
Body of Scientific Technological Advice and the Subsidiary Body
for Implementation and make recommendations, as appropriate;



Paragraph 4. Decides that, as an interim measure, the executive
committee shall consist of two representatives from each of the
following bodies under the Convention; ensuring that there is a
balanced representation between developed and developing
country Parties: the Adaptation Committee, the Least Developed
Countries Expert Group, the Standing Committee on Finance, the
Technology Executive Committee and the Consultative Group of
Experts on National Communications from Parties not
included in Annex I to the Convention;

Webcast Excerpts
Venezuela and Bolivia both contested the order of interventions
and the handling of the intervention by ADP Co-Chair Kumarsingh..
© 2013 Arthur Lee

9

COP19 Warsaw
(Details 2 of 3)


Paragraph 5. Further decides that the Warsaw international mechanism shall
fulfil the role under the Convention of promoting the implementation of
approaches to address loss and damage associated with the adverse effects
of climate change, … in a comprehensive, integrated and coherent manner by
undertaking, inter alia, the following functions:



(a) Enhancing knowledge and understanding of comprehensive risk
management approaches to address loss and damage associated with the
adverse effects of climate change, including slow onset impacts, by facilitating
and promoting:
–
–

(ii) Collection, sharing, management and use of relevant data and information, including
gender-disaggregated data;

–



(i) Action to address gaps in the understanding of and expertise in approaches to
address loss and damage associated with the adverse effects of climate change, …

(iii) Provision of overviews of best practices, challenges, experiences and lessons
learned in undertaking approaches to address loss and damage;

(b) Strengthening dialogue, coordination, coherence and synergies among
relevant stakeholders by:
–

(i) Providing leadership and coordination and, as and where appropriate, oversight
under the Convention, on the assessment and implementation of approaches to
address loss and damage associated with the impacts of climate change from extreme
events and slow onset events associated with the adverse effects of climate change;

–

(ii) Fostering dialogue, coordination, coherence and synergies among all relevant
stakeholders, institutions, bodies, processes and initiatives outside the Convention, with
a view to promoting cooperation and collaboration across relevant work and activities at
all levels;

© 2013 Arthur Lee

Consultations with delegates and Co-Chair of the ADP.
Demonstrators representing people affected by climate change
10

COP19 Warsaw
Details (3 of 3)


Paragraph 5. …



(c) Enhancing action and support, including finance, technology
and capacity building, to address loss and damage associated
with the adverse effects of climate change, so as to enable
countries to undertake actions …, including by:
–

(i) Provision of technical support and guidance on approaches to
address loss and damage associated with climate change impacts,
including extreme events and slow onset events;

–

(ii) Provision of information and recommendations for consideration by
the Conference of the Parties when providing guidance relevant to
reducing the risks of loss and damage, where necessary, addressing
loss and damage, including to the operating entities of the financial
mechanism of the Convention, as appropriate;

–

(iii) Facilitating the mobilization and securing of expertise, and
enhancement of support, including finance, technology and capacitybuilding, to strengthen existing approaches and, where necessary,
facilitate the development and implementation of additional approaches
to address loss and damage associated with climate change impacts,
including extreme weather events and slow onset events;;

© 2013 Arthur Lee

Executive Secretary Chritiana Figueres talking to observers.
U.S. and Australia consults on technology transfer.
11

Background: What could be the “new market mechanisms?”
Subsidiary Body on Science and Technological Advice (SBSTA) Negotiations
The negotiations for a new market mechanism was deadlocked at COP18 Doha. No progress could be made. Therefore, the
President of COP18 proposed that the modalities and procedures of how such a new mechanism could work to the
Subsidiary Body on Scientific and Technological Advice (SBSTA), considering these elements:


(a) Its operation under the guidance and authority of the Conference of the Parties;



(b) The voluntary participation of Parties in the mechanism;



(c) Standards that deliver real, permanent, additional, and verified mitigation outcomes, avoid double counting of effort and achieve
a net decrease and/or avoidance of greenhouse gas emissions;



(d) Requirements for the accurate measurement, reporting and verification of emission reductions, emission removals and/or
avoided emissions;



(e) Means to stimulate mitigation across broad segments of the economy, which are defined by the participating Parties and may
be on a sectoral and/or project-specific basis;



(f) Criteria, including the application of conservative methods, for the establishment, approval and periodic adjustment of ambitious
reference levels (crediting thresholds and/or trading caps) and for the periodic issuance of units based on mitigation below a
crediting threshold or based on a trading cap;



(g) Criteria for the accurate and consistent recording and tracking of units;



(h) Supplementarity;



(i) A share of proceeds to cover administrative expenses and assist developing country Parties that are particularly vulnerable to
the adverse effects of climate change to meet the costs of adaptation;



(j) The promotion of sustainable development;



(k) The facilitation of the effective participation of private and public entities;



(l) The facilitation of the prompt start of the mechanism;.

© 2013 Arthur Lee

12

United Nations Framework Convention on Climate Change
Long Term Impacts


The impacts of the UN Framework Convention on Climate Change have been accumulating over the
long term, and in the last decade have driven national policies (draft or passed), regulatory regimes,
even the IMO and ICAO, and projects that include but not limited to the following:
–
–

National legislations in the EU that implemented the EU ETS in early 2000’s to 2005

–

Stimulus money in the EU and US for CCS and renewable energy technologies

–

Senate and other Congressional bills (USA) over the last several years

–

New Zealand’s implementation of an emissions trading scheme that caps emissions including carbon content of fuels, which remains
in place though New Zealand will not enter the second commitment period of the KP.

–

Australian National Greenhouse Gas Emissions Reporting System (NGERS)

–

Australian Clean Energy Futures Bills (in the process of being repealed by he Abbot Government)

–

California’s AB32 and implementing regulations

–

Various discussion papers and policies being considered in the larger rapidly developing nations (the BASIC nations of Brazil, South
Africa, India, and China).

–

Kazakhstan imposes emission limits and initiates a national emissions trading scheme as it enters the second period of the KP.

–

Changes to international shipping and aviation energy efficiency and operational efficiency standards

–



EU Emissions Trading Scheme and the associated monitoring scheme.

Clean Development Mechanism projects

Long term impacts can continue to accumulate as the negotiations drive more developing nations to
enact laws and regulations for GHG monitoring, reporting, verification, and on technology transfer
criteria, and also adaptation actions affecting infrastructure, land use, and access to resources.

© 2013 Arthur Lee

13

Global Negotiations and Parallel to the History of the
Scientific Assessments


The current climate change negotiations by over 190 nations is part of a process that has gone on since the early 1990’s, in parallel to the
development of four scientific assessments carried out by the Intergovernmental Panel on Climate Change (IPCC), which began in 1988 and
culminated in the first global scientific assessment of 1990. The current UN negotiation round is called “COP17,” hosted by South Africa. The
IPCC has been convening several hundred scientists, engineers, technologists, and economists for the next three years to conduct the Fifth
Assessment.

IPCC

UNFCCC

“Policy-Relevant, Not Policy
Prescriptive Science”

“Common But Differentiated
Responsibilities”

1990 First Assessment Report
“…emissions resulting from human activities are substantially increasing
the atmospheric concentrations…”

1992 Rio Summit: UNFCCC signed

1994 UNFCCC entered into force
1995 Second Assessment Report
“…balance of evidence suggests a discernible human influence on global
climate …”

2001 Third Assessment Report
“…new and stronger evidence that most of the warming observed over
the past 50 years is attributable to human activities.”
2007 Fourth Assessment Report
“Most of the observed increase in globally averaged temperatures since
the mid-20th century is very likely due to the observed increase in
anthropogenic (human) greenhouse gas concentrations. “
2013 Fifth Assessment Report
“It is extremely likely that human influence has been the dominant cause
of the observed warming since the mid-20th century.”

© 2013 Arthur Lee

1995 COP1: Berlin Mandate provided differentiated approaches for
Annex I and non-Annex I (“developing”) countries

COP3 negotiations resulted in the
1997 Kyoto Protocol

2005 Kyoto Protocol entered into force
COP/MOP 1 held in Montreal, Canada

2009 Copenhagen Accords; 2010 Cancun Agreements; 2011 Durban
Platform; 2012 Doha Climate Gateway
2013 COP19 Warsaw

14

Appendix
Brief History of Global Climate Negotiations

© 2013 Arthur Lee

Photos by Arthur Lee excepted where noted

15

Global Climate Change Negotiations:
Background and Brief History

Arthur Lee
Observer from the Business & Industry NGO Community
Updated: December 2012

All photos by Arthur Lee except where noted.
© 2013 Arthur Lee

Primer on the UNFCCC and the Complex Negotiations (1 of 10)

The UN Framework Convention on Climate Change is an
international treaty that was signed by President George Bush in
1992 at a summit at the Rio de Janeiro. The international treaty is
called a Framework for good reasons. It is only a framework and
details were left to be further negotiated over time. The UNFCCC
was ratified by over 184 nations in 1994 and came into force as
international law at that time.


This primer is to provide a brief, high-level description of selected
history and the complexity of the process of these UN negotiations.

The UNFCCC recognizes the science of climate change, talked
about “preventing dangerous anthropogenic interference with the
climate system,” and sets out a framework for nations to reduce
greenhouse gas emissions voluntarily. The UNFCCC sets out two
subsidiary negotiating bodies called:
Subsidiary Body on Implementation (SBI)
Subsidiary Body on Scientific and Technological Advice
(SBSTA)

Photo: Screenshot from UNFCCC webcast

..that convenes twice a year to negotiate all kinds of details in rough
categories according to its names. In practice, the thousands of
negotiators who come to the SBI and SBSTA meetings complete
their negotiations of each set of details and then towards the second
meeting (end of the year) join the Conference of Parties (COP) to
table their completed texts to the ministers who attend the COP,
where the ministers then make their decisions. At each COP, there
are always decisions made.

© 2013 Arthur Lee

17

From the Berlin Mandate to the Kyoto Protocol
At COP1 Berlin, Parties to the Convention agreed to the Berlin
Mandate, which mandated a roadmap to completing negotiating a
Protocol by COP3 at Kyoto.
In December 1997 at COP3 at Kyoto, the over 184 nations after long
two weeks of round-the-clock negotiations came up with the Kyoto
Protocol, which was a legally binding international treaty. In 2005, it
entered into force when a threshold number of nations and their
emissions were accounted – 55 nations with at least 55% of
emissions – submitted their instruments of ratification to the United
Nations.
In these negotiations, the importance of having texts, and making
progress towards texts, is paramount. Each decision, whether it is a
relatively simple one to a complex text of the Kyoto Protocol, can still
represent years of negotiating efforts. For example, the Marrakech
Accords that set out the first complete set of rules and criteria for the
clean development mechanism (Article 12 of the Kyoto Protocol) took
at least two years to complete. After they were completed,
negotiations in subsequent years then turned to operationalizing the
CDM Executive Board and its “modalities and procedures,” which
means in practice what the Executive Board does, how it does its
work, and its membership and processes. In many ways, that is still
going on in the current negotiations with the focus on streamlining,
reforming, and refocusing geographically its modalities and
procedures.
Other mechanisms, such as the Joint Implementation provisions
(Article 6 of the Kyoto Protocol), took another two years of
negotiations before a Joint Implementation Steering Committee
(JISC, similar to the function of the CDM Executive Board) was
operationalized with modalities, procedures, and getting the
members in place to actually start doing any work of reviewing and
approving Joint Implementation projects.
© 2013 Arthur Lee

18

From COP13 or CMP3


The Conference of Parties (COP) when serving as the Meeting of the
Parties to the Kyoto Protocol is called COP/MOP or CMP (short).
COP13 in Bali was also the meeting of CMP3.



The CMP decides on issues negotiated specifically under the Kyoto
Protocol, such as the Clean Development Mechanism.



For example, with Canada’s withdrawal from the KP in 2011, both
the US and Canada will become observer states in the CMP
negotiations because they are not Parties to the KP.



In 2007, with lack of sufficient progress since the entry into force of
the Kyoto Protocol (since 2005), the nations which are “Parties” to
the Kyoto Protocol again negotiated in a two-week period, round-theclock, and with great emotional outbursts, settled on the Bali Action
Plan. The Bali Action Plan put all Parties on a negotiating roadmap
towards COP15 to complete negotiations about two major issues:
–

–



The continuation (or not) of the Kyoto Protocol. Certainly in
the minds of developing nations, there was no question that
the KP must continue
The beginning of negotiations about “long term cooperative
action” which numerous nations, including the US, EU,
Australia, Canada felt would be the way towards a new
comprehensive agreement for all nations

For these two purposes, two plenary bodies are used to negotiate
such issues.
–

Ad Hoc Working Group on the Further Commitments of the
Kyoto Protocol (AWG-KP)

–

Ad Hoc Working Group on Long Term Cooperative Action
(AWG-LCA)

© 2013 Arthur Lee

19

COP15 or CMP5 at Copenhagen


For over two years and amidst numerous added negotiating rounds,
the more than 100 nations met and finally tried to fashion several
texts for negotiations at COP15 Copenhagen. However, as we all
know now, agreement was never reached for the “further
commitments of the Kyoto Protocol” and the LCA negotiations
yielded a three page document, which was never completely agreed
in plenary by the entire COP17 body at Copenhagen, became this
“political agreement” called the Copenhagen Accord. Given all the
reviews of failure given by observers and the media with high
expectations, this was a remarkable political agreement personally
negotiated between several heads of governments, including the
Presidents of the US, China, Brazil, and Prime Minister of India, but
sidelining the European Union leaders.



In hindsight, the key success of the Copenhagen Accord was that the
negotiations themselves compelled a number of nations to pledge a
series of commitments and actions, not necessarily targets with time
tables, that would show to the world that these nations can take on
such responsibilities. Outside of the Copenhagen Accord, there were
also decisions that continued the negotiating tracks of a large
number of decisions, including a decision text that kept alive the CCS
in CDM issue. Other decision texts kept alive the issues of sectoral
credit trading and longer term future of additional market
mechanisms

© 2013 Arthur Lee

20

COP16 or CMP6 at Cancun


The Copenhagen Accord never received formal recognition by the
entire body of the COP. However, throughout 2010 and into the
COP16 negotiating sessions, negotiators met to parse out all the
elements of the Copenhagen Accord and set them up for formal
negotiations and codifications as decisions by the supreme body of
the UNFCCC, the COP. Therefore, at COP16, again with round-theclock negotiations and on the verge of failure throughout two-weeks,
the Cancun Agreement was reached.



While this sounds impressive, it is in practice a series of decisions
codified by the AWG-LCA that flesh out slightly the commitments
made by nations in the Copenhagen Accord, including the Green
Climate Fund. COP16, as with other COPs, also saw a series of
other decisions that continued life in CDM “rulemakings” and, in fact,
put much more positive life into the CCS in CDM issue. CCS was
finally decided by the COP that it will be allowed as an eligible project
technology for the clean development mechanism, and that a whole
set of modalities and procedures will have to be elaborated and
approved by COP17. The COPs have also compelled, through a
series of decisions over time, two other UN treaty agencies, the
International Maritime Organization and the International Civil
Aviation Organization, to establish new efficiency standards, ship
design and operational standards, and a push towards market-based
mechanisms for these tow international sectors of commerce.

© 2013 Arthur Lee

21

COP17 or CMP7 Durban
After over 70 hours of round-the-clock negotiations at the end, and
setting the record for the longest COP negotiations (to early Sunday
morning after two weeks), negotiators from over 180 nations agreed
to mandate the negotiations in the next four years towards a
“protocol, legal instrument, or an agreed outcome with legal
force” applicable to all Parties under the UN Framework
Convention on Climate Change.
The negotiators further agreed to set a second commitment period
of the Kyoto Protocol from 1 January 2013 to either end of 2017 or
end of 2020, with the end date to be negotiated at COP18 Qatar.
All commitments already pledged by nations under the Kyoto
Protocol (KP) will be translated into quantified emission limitation
and reduction commitments (QELROs) by COP18.
At COP16 Cancun, Japan, Canada, and Russia stated they will not
sign onto a second commitment of the Kyoto Protocol,
Canada withdrew from the Kyoto Protocol on 13 Dec 2011.
Australia is prepared to consider submitting information on its
QELRO … following the necessary domestic processes …

Photos: Screen shots of the webcast between 2:30 and 3:30 am Sunday 11 Dec. European Commissioner Connie Hedegaard and India’s
Minister Jayanthi Natarajan confronted each other’s point of issue on “legal outcome.”

© 2013 Arthur Lee

22

Cancun Agreement is made effective with a series of decisions at COP17.
The negotiators agreed to a whole series of decisions negotiated
via multiple tracks, including the operationalization of the Green
Climate Fund, which is likely to be the center piece for the transfer
of monies and the source of funds for a large number of mitigation
and adaptation actions in the future.
At Cancun, nations agreed to the establishment of a Green Fund
with a fast start of $30 billion by 2012 and long term mobilization of
$100 billion per year by 2020, which could include private sector
funding. The Fund will be staffed by people from multilateral
development banks, World Bank, and Global Environment Facility.
At COP17, the Republic of Korea, Germany and Denmark agreed
to contribute to the start-up cost of the Green Climate Fund.
Decisions were reached on:

Photo from UNFCCC webcast

Operationalizing the Adaptation Committee and formulating
the information for national adaptation plans
Agreeing to the modalities and procedures of the
Technology Executive Committee with a network of regional
technology centers
Agreeing to the modalities and procedures for conducting
CCS projects in the developing world under the Clean
Development Mechanism.
Decision was reached favorably for nations and business
representatives who support market-based mechanisms. There
will be a new market-based mechanism in the long term action
framework, which will continue to be negotiated.

© 2013 Arthur Lee

Photo Arthur Lee

23

At a crucial period 2:55 am to 3:40 am Sunday morning, 11 December 2011, the
Durban Platform was agreed (COP-17)..

Photo: IISD coverage of COP17.
© 2013 Arthur Lee

24

Doha Climate Gateway: Kyoto Protocol and Flex Mechanisms Extended; New
Market Mechanism Deferred
Kyoto Protocol is extended from 2013 to 2020 with emission reductions submitted by nations with roughly 14% of global
emissions (according to an EU press statement). Carry-over of emissions allowances is allowed, though most nations
have declared not to use them in the second period. Access to the Kyoto flexibility mechanisms is allowed only to those
nations agreeing to the second commitment period. Australia and Kazakhstan have now signed up to the second period.



The Clean Development Mechanism’s (CDM) 2% share of proceeds that goes to the Adaptation Fund is maintained at
2%. However, the transfer of emissions allowances in Joint Implementation projects (conducted between Annex I
nations) will now be subject to the same 2% proceeds going to the Adaptation Fund. The CDM will continue to be in
effect with no gap as of 1 January 2013.



The Long Term Cooperative Action track, which developing nations did not want to close, is now closed with several
issues deferred to future negotiations in the technical bodies of the Convention, called the Subsidiary Body on Scientific
and Technological Advice (SBSTA) and the Subsidiary Body on Implementation (SBI). For example, new market
mechanism modalities and procedures are now deferred to SBSTA negotiations. Non-market approaches will also be
considered in a new work program under SBSTA.

Source: IISD news coverage



© 2013 Arthur Lee

Photo Arthur Lee

25

Doha Climate Gateway: To consider loss and damage; Durban Platform to begin
discussion of scope and structure
The issue of “loss and damages” will be taken up for future negotiations in a new institutional mechanism under the
UNFCCC with modalities and procedures to be elaborated at COP19 Warsaw. These negotiations will likely enter into
issues such as: the risk of slow onset events (e.g., sea level rise) and extreme events; non-economic loss and
damages; impacts of climate change integrated into climate-resilient development processes; and how impacts of
climate change are affecting patterns of migration, displacement and human mobility.



With the closing of the LCA track, nations will now focus negotiations towards “a protocol, another legal instrument or an
agreed outcome with legal force” to be completed by COP21 in 2015, and to come into force by 2020. The Ad Hoc
Working Group on the Durban Platform for Enhanced Action (ADP) is the single track of negotiations under the UN
Framework Convention with a negotiating text to be prepared by May 2015 to be ready for completing negotiations at
COP21. Therefore, elements of the draft negotiating text will have to be considered at COP20.



In 2012, the ADP has begun considering these elements: (a) Application of the principles of the Convention; (b) Building
on the experiences and lessons learned from other processes under the Convention and from other multilateral
processes, as appropriate; (c) The scope, structure and design of the 2015 agreement; (d) Ways of defining and
reflecting enhanced action. It will also consider, in 2013, ways to increase “ambition” of emissions reductions before
2020 in a second work stream.
Source: IISD news coverage



© 2013 Arthur Lee

26

COP19 Warsaw
Advancing the Durban Platform and the Warsaw Mechanism for Loss and Damage


Warsaw was not expected to be a high-profile round of climate change
negotiations. Over 10,000 delegates, negotiators, representatives of
intergovernmental organizations non-governmental organizations, and
journalists registered to attend, which is near average for the Conference
of Parties of the United Nations Framework Convention on Climate Change
in its 19th Session (COP19), which is held annually.



Negotiators had some 100 issues spread through the five tracks of
negotiations to negotiate, and some 50 decisions that should have been
made. At the end of the second week, ministers and their lead negotiators
kept up the long tradition (unfortunately) of going late nights, round-theclock and going 24 hours beyond the scheduled close of Friday evening.



Haiyan played a role in these negotiations, as the lead negotiator for
Philippines Mr. Nadereve Sano announced and fasted throughout the
two-weeks in solidarity with his brother and other countrymen who
were dead, displaced and hungry for days. The decision to establish
a loss and damage mechanism, which might not have concluded
negotiations for another year or two, accelerated to an interim
arrangement at Warsaw primarily because of the supertyphoon,
though the Warsaw International Mechanism on Loss and Damage
has no special funding at this time.



Advancing the Durban Platform was the key to a perception of
success. Without the agreement reached overtime, COP19 Warsaw
would have been deemed a failure. Late night debate over the word
“commitment” by Brazil, China India and South Africa, weakened to
the word “contributions” show a long road ahead to COP20 and
COP21.
© 2013 Arthur Lee

Photos by Arthur Lee.
27

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