Report by UK

First Order Draft, International Cooperation:Agreements and Instruments:
UK

Kyoto 2 http://www.kyoto2.org/ provides a simple alternative approach which is well researched and would be useful to draw attention of policy makers to. Kyoto (Tickell) 2008 ZED Books. Here is the simple explanation from the website. Kyoto2 is a global framework for a Climate Treaty to limit emissions of greenhouse gases to a level that would prevent dangerous interference with the Earth's climate system, while generating enormous economic, social and environmental be
View full comment by Sue Riddlestone...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 0
UK

It is many years since I worked directly on global architecture issues. I was also asked opportunity to comment verbally on this chapter at the IPCC Washington meeting. Of my remarks there I will only underline the following. The chapter really must address the apparent tension between the theoretical conclusions of the second paragraph: (“… as a result there is very little incentive for firms and individuals (and countries) to reduce emissions in the absence of inte
View full comment by Michael Grubb...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 11 , Line 15 To Page 11 , Line 15
UK

Comment on specific text: The core of the precautionary principle is that it creates policy space for regulators to act to guard against risks even in the face of scientific uncertainty. Your definition does not quite capture that.
View full comment by Joanne Scott...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 12 , Line table To Page 12 , Line table
UK

Comment on Table 13.1: I thought it would be helpful to specify more clearly the relationship between the criteria and the principles. What does it mean to say that a criterion 'draws upon' a principle in this way? In the main the principles seem to specify the components which make up the outcome (or criterion). Criteria and components might capture this relationship. Aggregate economic performance is made up of economic efficiency and cost-effectiveness. Institutional feasi
View full comment by Joanne Scott...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 14 , Line 23 To Page 14 , Line 23
UK

Comment on specific text: You say that there is no authority that can reliably impose sanctions on national governments. Not only does this seem quite a sweeping statement when you think about the powers of the UN Security Council but also it depends upon how you define the concept of sanctions. If you take a broad understanding, including for example, reputational sanctions then many international organizations can 'sanction' the behaviour of states.
View full comment by Joanne Scott...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 17 , Line 3 To Page 17 , Line 7
UK

Comment on specific text: Global administrative law emerges not only from the specific recommendations of organisations such as the subsidiary bodies of UNFCCC but also from the routine practice of governance. One of the distinctive things about the methodology of GAL is that it is formed also from the bottom-up. GAL principles are viewed as of normative significance, regardless of whether a particular institution has expressly endorsed them or not. This may also be of releva
View full comment by Joanne Scott...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 18 , Line 4 To Page 18 , Line 4
UK

Comment on section of text: I liked the section on linkages but felt that it could be expanded a little more and perhaps organized a little better. In a sense, you have an opportunity here to set out an agenda for creative thinking on the part of the different ‘elements’ and for research. I thought it might be worth stressing very clearly at the beginning of the discussion that linkages need to be designed/evaluated from the point of view of the criteria and principles
View full comment by Joanne Scott...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 19 , Line 26 To Page 19 , Line 41
UK

Comment on specific text: As above, I think it would be helpful to specify what you mean by legal remedies here. It seems that you have private law remedies (especially tort) in national legal systems in mind? The concept of legal remedies seems quite vague and to cover a lot of things that are also discussed elsewhere.
View full comment by Joanne Scott...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 24 , Line 40 To Page 24 , Line 40
UK

If I am not mistaken, whenever you talk about decentered linkages you always use the example of tradeable permits. There must be other examples of loose coordination between the activities of differnet states? The EU's sustainability criteria for biofuels and European Commission endorsement of private biofuels certification schemes in e.g. Brazil might be one example. Giving rise to transnational, public-private (hybrid) interactions.
View full comment by Joanne Scott...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 26 , Line 10 To Page 26 , Line 25
UK

Comment on section: To talk about the key achievements of the Kyoto Protocol here is to pre-empt the performance assessment at the end of the chapter, especially in relation to the CDM. ETS and CDM are only achievements if they have been effective in bringing about emission reductions.
View full comment by Joanne Scott...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 32 , Line 22 To Page 32 , Line 26
UK

Comment on specific text: My understanding of the EU position is that no CERs can be used in the ETS DURING THE THIRD TRADING PHASE (2013-2020) from projects registered after 2013 unless the projects are in LDCs. See Article 11a Directive 2003/87. Also, my understanding is that CERs from new projects in non-LDCs will be accepted after 2013 where the EU has concluded a bilateral agreement with the country in question regulating their level of use. No agreements of this kind ha
View full comment by Joanne Scott...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 32
UK

Given the topic of the chapter, I think it would be worth saying that the European Commission intervention cut the allocations proposed in National Allocation Plans by almost 10% in total, and that the principal legal basis for doing so (in relation to the western European countries) was compliance with the EU’s Kyoto Protocol targets. The Member States accepted this ruling (note that the Commission rulings on the New Member States used the other legal provision (preventin
View full comment by Michael Grubb...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 36 , Line 25 To Page 36 , Line 29
UK

Comment on specific text: The language of 'trade sanctions' is loaded . It immediately sounds like a bad thing. Trade measures might be a more neutral phase. When does something become a trade sanction? Already there are all sorts of trade measures in place: product standards e.g. CO2 emissions from cars or from energy-using equipment; process standards e.g. biofuels; application of EU-ETS to flights taking off from or landing in EU. All of these simply involve the applicatio
View full comment by Joanne Scott...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 36 , Line 31 To Page 36 , Line 32
UK

Comment on specific text: Suggested addition to text: ….consistent with principles of non-discrimination and other WTO discplines such as the 'necessity' test. WTO law does not only discipline discriminatory measures. For example the TBT Agreement provides that technical regulations should not be more trade restrictive than necessary to achieve a legitimate objective.
View full comment by Joanne Scott...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 36
UK

Actually this conflates two rather distinct topics and if possible with the constraints, I would suggest to separate them. One is the literature on production vs consumption accounting. The other concerns instruments and how they relate to WTO. It would be a great pity if the former – accounting - issues got complicated politically by mixing them up with the latter.
View full comment by Michael Grubb...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 37 , Line 32
UK

The paragraph notes that these issues are “especially problematic and consequential ..”. Given this, the paragraph really needs to be more precise an in particular its final sentence is very problematic. I believe the literature shows consensus that whether “border measures” are compatible with WTO depends entirely on the question of what kind of border-related measures and how they are designed (this was the main message of the WTO’s own study). The most simplist
View full comment by Michael Grubb...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 43 , Line 37
UK

I thought that both UNFCCC and Kyoto contained substantial articles and processes that could only be interpreted as “capacity building”? IN this broad area, an important source of analysis of industry internaitonal flows and policy options are the Carbon Trust reports, Tackling Carbon Leakage: specific approaches in a world of unequal carbon prices (2010); and Global Carbon Flows (2011). The former suggests an evolutionary approach to international strategy that deline
View full comment by Michael Grubb...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 5 , Line 36 To Page 5 , Line 36
UK

Comment on specific text: 'Harmonized' is a strong word implying a high level of centralization and little if any room for differentiation. Might 'coordination' of national policies capture the idea better here? This also comes up as an issue on p. 24 (line 35) where you imply that harmonization connotes similar or equivalent policies. Harmonization implies more than equivalence, the latter being instead is a form of mutual recognition.
View full comment by Joanne Scott...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 6 , Line 4 To Page 6 , Line 4
UK

Comment on specific text: The term 'international agreements' does not seem quite right here to capture the practices you describe below. Transnational initiatives would be better.
View full comment by Joanne Scott...

First Order Draft, International Cooperation:Agreements and Instruments: From Page 9 , Line 42 To Page 9 , Line 42
UK

Comment on specific text: I think you need to clarify what you mean by legal remedies here and how these relate to the broader point about internalising externalities. Is law an instrument to bring about such an internalisation here or something else?
View full comment by Joanne Scott...

Breakdown for UK

Chapter 172
Chapter 221
Chapter 3140
Chapter 477
Chapter 565
Chapter 696
Chapter 7394
Chapter 8217
Chapter 928
Chapter 106
Chapter 11123
Chapter 1278
Chapter 1320
Chapter 142
Chapter 1548
Chapter 1658
Annex II3
Entire Report38
Total Hits1486

Intergovernmental Panel on Climate Change (beta version)