UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 - - _ RELEASED IN FULLI August 15 1989 TO Topic Coordinator FROM William A SUBJECT Legal Institutional Mechanisms Paper Nit The IPCC Response Strategies working Group is to wexamine eXisting legal and institutional mechanisms to determine how they may be used to implement options to limit or adapt to climate change and consider new legal and institutional mechanisms that could be used to implement options to limit or adapt to climate change- The attached paper contains the U S contribution to the RSWG paper on legal and institutional mechanisms The first three sections address existing legal and institutional mechanisms i e international agreements potentially relevant to climate change international institutions potentially relevant to climate change and generic domestic legal mechanisms that could be used by states to implement climate change response options The last section discusses possible elementa of a framework climate convention The U S would like to stress the importance it attaches to having the RSWG produce an inventory of eXisting legal andinstitutional mecha nisms and their potential USe with respect to implementing response options Such an examination is without prejudice to the need for a framework climate convention In fact existing mechanisms may be utilized in tandem with a framework convention and other possible new legal and institutional mechanisms For example existing mechanisms may be an appropriate means of implementing agreed response measures under a framework convention possibly those that are to be undertaken on a regional basis REVIEW AUTHORITY Alan Flanig n Senior Reviewe lQ ol'DO O V Q 1 4 l 'OoJPY-- O t Z- b I '1 tOq gsw N 'GBP s h'U L-V J C UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 ' UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 - - - Table of contents 1 International Agreements p otentially Relevant to Climate Change p 1 II International Institutions potentially Relevant to climate Change p 7 III Domestic Legal Mechanisms potentially Relevant to Climate Change p 13 IV Elements of a Framework Convention on Global climate change p 16 UNCLASSIFIED -U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 - - _ International Agreements potentially Relevant to climate Change Climate World Meteorological Organization Convention Oct _11 1947 Provides framework for cooperation on research and weather observation Could' assist in moni toring climate change Open to U N members various Bilaterals -- U S -U S S R Agreement on Cooperation in the Field of Environmental protection May 23 1972 Specifies winfluence of environmental changes on climateas one of the'areas for cooperation in solving problems Contemplates exchange of experts information and joint development of scientific programs Energy International Energy Agency -- Agreement on an International Energy program Feb 5 1975 Provides framework to promote energy diversification energy efficiency and conservation and alternative energy sourqes The lEA promotes R D by sponsoring state-of-theart reviews of promising energy technologies and by promoting cOllaborative projects between two or more member countries The IEA has established an energy technology data exchange and a number of information centers dealing with specialized technology areas including coal technology heat pumps air infiltration biomass and end-use technologies Numerous implementing agreements cover wind wave biomass solar hydrogen coal and other energy sources as well as conservation in specific industries Twenty-one OECD countries are members method for participation by other states not specified Solar Heating and' Cooling systems in'Buildings -- Memorandum of Understanding Oct 4 1974 Provides for research and information exchange to develop practical applications of solar power a potential source of nonpolluting energy Membership consists of mostly western countries -1- UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 International Atomic Energy Agency -- U N statute Oct 26 1956 Agency under applications safeguards gases Open U N members the aegis of the U N to develop peaceful of atomic energy and to establish Atomic energy does not produce greenhouse to U N members and to states which are not upon approval of IAEA General Conference Various Bilateral Energy Agreements For example the agreement between U S Department of Energy and its PRC counterpart has as its purpose -to explore the relationship of climate changes and atmospheric levels of C02- Bilateral Atomic Energy Agreements -- U S -U S S R Agreement on Peaceful Uses of Atomic Energy June 21 1973 Agreement to develop energy sources from thermonuclear fusion and fast breeder reactors and to establish scientific workgroups and exchanges Pollution control Convention on Long-Range Transboundary Air Pollution LRTAP Convention Nov 13 1979 Establishes research and monitoring programs Broad definition of -air pollution- could include greenhouse gases o Open to members of the U N Economic Commission for Europe Protocol to LRTAP Convention on Long-Term Financing of the Co-operative programme for Monitoring and Evaluation of the Long-Range Transmission of Air Pollutants in Europe EMEP September 28 1984 Open to members of the U N Economic Commission for Europe Protocol to LRTAP convention Concerning the Control of Emissions of Nitrogen Oxides or their Transboundary Fluxes Sofia protocol- Oct 31 1988 Freezes emissions transboundary fluxes of and requires parties to utilize best available technologies economically feasible to reducing emissions of nitrogen oxides which are greenhouse gases Also requires parties to facilitate exchange of technology to reduce emissions of nitrogen oxides Open to members of the EeE Economic Commission for Europe -2- UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 UNCLASSIFIED U S Department of State Case Nc F-2006-00943 Doc No C05319897 Date 04 02 2013 U N convention on the Law of the Sea Dec 10 1982 not in force but largely reflects customary international law Agreement to control poll tion of the marine environment includes measures to minimize release of ooo harmful or noxious substances through the atmosphere Art 194 Potentially applicable to the extent that greenheuse gases and climate change are harmful to oceans Vienna convention on the Protection of the Ozone Layer March 22 1985 and Montreal Protocol on substances hat Deplete the Ozone Layer sept 16 1987 The chemicals chlorofluorocarbons that are regulated to protect the ozone layer are also greenhouse gases Montreal Protocol which provides for 50% reduction in production and consumption by 1999 is under review to accelerate reductions Open to all states Convention on the Protection of the Environment between Denmark Finland Norway and Sweden Feb 19 1974 Agreement is intended to protect and improve the environment through cooperation to ensure that activities under the jurisdiction of one state do not cause damage to the environment of other States Various Bilaterals -- united States-Mexico Feb 16 1984 U S -Mexico agreement provides framework for Annexes on specific pollution reductions Natural Res'ources Convention on Nature Protection and wild Life Preservation in the Western Hemisphere Oct 12 1940 Could be made applicable to protecting forests American Governments Open to Treaty for Amazonian cooperation July 3 1978 Applies to Amazonian Basin and any other closely connected territory Declares that right to use natural resources is inherent in each state's sovereignty Promotes development consistent with wpreservation of the environment Parties are Bolivia Brazil Columbia Ecuador Guyana Peru suriname and Venezuela -3- UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 southeast Asia Agreement on the Conservation of Nature and Natural Resources 1985 Adopts goals of sustainable development and maintaining ecological processes pa-rHes undertake e g to manage orest resources and to control air pollution South Pacific Convention for Protection of the Natural Resources and Environment Nov 25 1986 Contains agreement to reduce and control pollution from discharges into the atmosphere Potentially applicable to measures to prevent climate change which harms oceans Africa Convention on Conservation of Nature and Natural Resources Sept 15 1968 Parties agree to consider ecology and natural resourges in development plans Water Resources Management ConVention Establishing a Permanent Inter-State Drought Control Committee for the Sahel Sept 12 1973 Established committee to promote cooperation to combat consequences of drought Open to any African country declared to be a disaster area as the result of ecological conditions of the Sudano-Sahe1ian region VarioUS regional and bilateral water basin agreements -U S -UK Treaty on Boundary Waters Jan 11 1909 Approval of International Joint Commission required for obstructions or diversions from Great Lakes or other boundary waters bet w en U S and Canada Precedence for water uses specified Agriculture U N Food and Agriculture Organization -- Constitution as amended Nov 1959 Could assist adaptation to climate change by disseminating technical information and recommending action for agriculture and forestry Subsidiary groups like the International Rice Commission could help with response strategies for example reducing methane emissions from rice paddies -4- UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date _Q4 02 -20 1 3 _ _o Various Regional Agreements -- Inter-American Institute for cooperation on Agriculture Convention March 6 1979 Possible frameworks for development of adaptation strategies or for limiting methane emissions from agriculture International Tropical Timber Agreement Nov 18 1983 This agreement provides a framework for cooperation and consultation on inter alia improving reforestation and encouraging the development of national policies aimed at sustainable utilization and conservation of tropical forests Various Bilateral Agreements -- U S -USSR Agreement on Cooperation in the Field of AgriCUlture June 19 1973 Possible framework to formulate joint plans exchange information Financial Institutions World Bank--Articles of Agreement Dec 27 1945 Articles of Agreement Jan 26 1960 Loans by the International Bank for Reconstruction 'and Development and concessional loans by the International Development Association fund projects that could be helpful to minimizing climate change e g agroforestry or harmful highway construction leading to deforestation - Environmental policies being implemented by the Bank could be adjusted to support limitation or adaptation response options Regional Development Banks Could give regional support for limitation or adaptation response options Regional banks include Inter-American Indus Basin African Andean Asian Caribbean Arab Central American European OPEC Nordic Sectorial Funds -- International Fund for Agricultural Development Agreement June 13 1976 Concessional loans to developing countries Could adopt policies to assist limitation or adaptation response options -5- - UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 Regional Economic cooperation organizations Affect development strategies address energy and environmental issues May develop binding regulations or proposed agreements Regional organizations include U N Regional Economic Commissions European Economic Community adopted resolution on energy policy with specific fuel use targets adopted EC environmental assessment procedures Organization for Economic cooperation and Development Organization of American states COMECON Organization of African Unity ASEAN South Asia Regional Council South Pacific Forum Andean Common Market Caribbean Community Economic Community of west African states -6- UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 International Institutions Potentially Relevant to climate Change Climate -- World Meteorological organization WMO To coordinate standardize and improve world meteorological activities and to encourage an efficient exchange of meteorological information between countries More specifically WMO is charged with 1 facilitating worldwide cooperation in the establishment of networks of stations to provide meteorological hydrological and other geophysical services and observations 2 promoting the establishment and maintenance of systems for the rapid exchange of meteorological and re ated weather information 3 promoting standardization of meteorological and relat d observations and to ensure the uniform publication of observations and statistics and 4 assisting in coordinating the international aspects of research and training in meteorology In addition WMO manages the World Climate Program which consists f applications data impact studies and research and is administered in coordination with UNEP and ICSU -- Intergovernmental Panel on Climate Chang IPCC An hoc working group jointly established by WMO and UNEP the IPCC 1Sto assess available scientific information on climate change assess available environmental and socio-economic impacts of climate change and formulate response strategies The IPCC is to submit an interim report on these topics in the fall of 1990 Science -- International Council of Scientific Unions ICSU To encourage international scientific activity by coordinating interdisciplinary and worldwide scientific projects and by working with appropriate nongovernmental and intergovernmental agencies in their implementation -- International Geosphere-Biosphere Programme IGBP Interdisciplinary body under ICSU within which the international scientific community seeks to identify and understand the basic global processes including the basic forces driving environmental change -- UN Educational Scientific and cultural orvanization UNESCO To contribute to peace and security by promot1ng international collaboration through inter alia science -- Intergovernmental Committee for Science and Technology for Development The General Assembly following 1979 UN Conference on S T for Development established this committee to assist it in issues relateq to science and technology policy and coordination including initiating arrangements for the early identification and assessment of new S T deVelopments that may have potential importance for strengthening the S T capacity of developing countries Reports to General Assembly through ECOSOC -7UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 -- Advisory Committee on Science and Technology for Development This is the advisory body to the Intergovernmental committee for Science and Technology for Development -- Intergovernmental Oceanographic Commission IOC A subsidiary semi-autonomous body of UNESCO the IOC coordinates international marine science and ocean mo itoring activities including global sea-level observation and global climate research It could be called upon to accelerate the limited activities now underway for collecting and exchanging data required for assessing climate change Environment -- U Environment Programme UNEP To promote and coordinate international cooperation in the field of the human environment and to provide general policy guidance for the direction and coordination of environmental programs within the UN UNEP is also responsible for keeping under review the world environmental situation to ensure that international environmental problems receive appropriate consideration by governments -- committee on Natural Resources This committee is under ECOSOC It is to assist ECOSOC in the planning implementation and coordination activities in the UN system for the development of natural resources as well as in selecting and following up priority questions of long-term problems and trends of worldwidesignificance in the field of natural resources -- Organization for Economic Cooperation and Development OECD The OECD's environment work is supervised by the Environment Committee ENVCOM The ENVCOM has two groups working on climate change studies -- the Group on Energy and the Environment and the Group of Energy Experts These groups have been assigned projects on energy options for addressing climate change and on socioeconomic implications of climate change respectively Both of these projects will produce draft reports in 1989 The OECD generally promotes policies designed to achieve the highest sustainable economic growth and a rising standard of living in member countries to contribute to sound economic expansion in non-member countries and to contribute to the expansion of world trade on a multilateral nondiscriminatory basis -- The OEC Development Assistance Committee DAC provides a forum for coordinating donor efforts to address environmental problems in developing countries Initial DAC efforts developed recommendations for environmental assessments of all development projects Subsequently DACls efforts have been expanded and a special working has been set up on the environment which will have its first meeting later this fall The group's preliminary work plan gives high priority to helping developing countries participate in and or implement provisions of major international agreements including those on climate change ozone depletion hazardous wastes and biological diversity -BUNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 - - General -- United Nations General Assembly UNGA The UNGA may discuss any questions or matters within the scope of the UN Charter or relating to the powers or functions of any organ provided for in the Charter It may make recommendations to UN members or to the Security Council on any such questions or matters except on disputes or situations in respect of which the Security council is currently exercising its functions -- United Nations Security council The security Council has primary responsibility for the maintenance of international peace and security The functions of the council fall mainly into two topics pacific settlement of disputes and action with respect to threats to the peace breaches of the peace and acts of aggression -- Economic and Social Council ECOSOC ECOSOC makes or initiates studies and reports with respect to international economic social cultural educational and health matters It makes recommendations on such matters to the UNGA to UN memb rs and to specialized agencies It prepares draft conventions for submission to the UNGA on matters within its competence and calls for international conferences on such matters -- General Agreement on Tariffs and Trade GATT The GATT is tbe basic multilateral instrument that sets out agreed rules for international trade Obligations of GATT members would apply to transactions in the area of global climate change population -- UN Population Commission This Commission was established by ECOSOC to study and advise ECOSOC on population changes and their effect on economic and social conditions and other demographic questions -- UN Population Fund UNFPA Established under UNDP to promote awareness of the social economic and environmental implications of national and international population problems as well as possible strategies to deal with them and to provide sustained assistance to developing countries to deal with population problems Funding Technical Assistance -- UN Capital Development Fund UNCDF To assist developing countries through grants and loans particularly long-term loans made free of interest or at low interest rates Assistance is directed toward achieving accelerated and self-sustained growth of the economies of the poorest developing countries and is oriented toward the diversification of their economies with due regard to the need for industrial development and using light capital technologies as a basis f9r economic and social progress -9UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 - - - - -- UN Development Pro ram UNDP To provide systematic and sustained assistance in fields essential to technical economic and social development of the developing countries One of the trust funds under UNDP is the UN Fund for Science and Technology for Development -- IAEA Technical Assistance Fund To support technical cooperation activities in developing countries related to the use of nuclear energy for peaceful purposes -- International Fund for Agricultural Development FAD TO mobilize financial resources and make them available on concessional terms for agricultural development in developing countries particularly for projects specifically designed to improve food production systems in the poorest food deficient regions Jointly funded by OPEC and OECD members -- UN Industrial Development Organization UNIDO To promote and accelerate industr al zat on in the developing countries UN DO works with the private sector and encourages investment as a means of fostering industrialization -- Colombo Plan for Cooperative Economic and Social Development in Asia and the pacific To assist in the economic development of Asia and the Pacific through exchanges of views on problems of technical assistance collection of information on technical assistance programs undertaken by its members on a bilateral basis and the encouragement of developing members to become donors of capital and technical cooperation assistance to other members -- ConsultatiVe Group on International Agricultural Research CGIAR To provide and coordinate funding for a network of international agricultural research institutes e g the International Rice Research Institute Philippines the International Institute for Tropic l Agriculture Nigeria the International center for ropical Agriculture Colombia -- International Bank for Reconstruction and Development World Bank Although originally created to assist in financing the rebuilding of nations devastated by World War II the Bank's main objective now is to lend for productiVe projects that will lead to economic growth in less developed member countries -- International Development Association To promote economic development by providing financing to less developed countries on much more concessionary terms that those of conventional loans It is designed especially to finance projects in countries that are not able to service loans from the World Bank -10- UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 UNCLASSIFIED U S Department of State Case No F-2006-00943 DQc No COS 319897 Date 04 02 2013 -- Regional Development Banks These include Inter-American Indus Basin African Andean Asian Caribbean Arab Central American European OPEC and Nordic -- International Finance corporation IFC The IFC invests in productive private or partly governmental enterprises in association with private investors with the aim of promoting the growth of the private sector and assisting productive private enterprises in developing countries Human settlements -- UN Centre for Human Settlements Habitat Promotes international cooperation in the field of human settlements in order to enhance countries' efforts to solve their problems and to increase resources vailable to developing countries The Centre has three operating divisions Research and Development research on innovative ideas for human settlements developments Technical Cooperation project-based technical assistance to developing countries and Information Audio Visual and Documentation information collection and exchange channel -- Commission on Human settlements This Commission is under ECOSOC It is to assist regions in increasing and improving their own efforts to solve hUman settlements problems to promote greater international cooperation to increase the resources of developing countries Agriculture -- Food and Agricultural organization FAO To raise level of nutrition and standards of living to secure improvements in the efficiency of production and distribution of all food and agricultural products and to better the condition of rural populations through dissemination of information and furnishing of technical assistance to governments -- Inter-American Institute for Cooperation on Agriculture Member states promote and support agricultural development in their countries including education research planning science and technology -- International Tropical Timber or anization ITTO To provide an effective framework for cooperatlon and conSUltation between tropical timber producing and consuming countries with a view to promoting the expansion of trade Seeks to promote research and development aimed at improving forest management to encourage reforestation and to encourage national policies aimed at sustainable utilization and conservation of tropical forests and at maintaining the ecological balance in the regions concerned -11- L UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No COS319897 Date 04 02 2013 UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 Energy -- International Atomic Energy A encJPY IAEA To seek to accelerate and enlarge the contrlbutlon of nuclear energy to peace health and prosperity throughout the world -- International Energy Agenc IEA This international organization has programs deslgned to promote reduced dependence on oil imports and enhanced energy security through energy diversification energy conservation and efficiency and promotion of alternative energy fuels programs include annual reviews of member country energy policies technical analyses and information exchange and collaborative R D programs on various energy technologies -- Nuclear Energy Agency NEA The NEA a semi-autonomous agency under the OECD is primarily responsible for developing technical policy guidance in the field of civilian nuclear power Specific activities include the coordination of R D projects among national government agencies 'technical information exchanges and the preparation and dissemination of related nuclear studies and publications The subjects of primary interest include nuclear safety waste management and radiation protection Judicial -- International Court of Justice ICJ The ICJ is the principal judicial organ of the UN Its principal function is to decide in accordance with international law such cases as are submitted to it by member nations Regional Economic Cooperation Organizations -- These include U N Regional Economic Commissions Economic commission for Africa ECA Economic and social Commission for Asia and the pacific ESCAP Economic Commission for Europe ECE Economic Commission for Latin America and the Caribbean ECLAC Economic and Social commission for Western Asia ESCWA European Economic Community Organization for Economic cooperation and Development organization of American states COMECON Andean Common Market Caribbean Community Economic Community of west African States Organization of African unity ASEAN South Asia Regional Council South Pacific Forum -12UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 - ' -r---U-N C LA S S IF IE D -- -U- - S D -e-p-a -rt -m-e-n- -to--- -f State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 - - Domestic Legal Mechanisms Potentially Relevant to Climate Change -- It would be useful for the RSWG to compile an inventory of types of legal mechanisms that could be used at the domestic level to implement responses to climate change -- An inventory would' include not only those legal mechanisms explicitly directed at the climate change issue if any but also those that are related to the issue but based on other grounds such as those directed at energy efficiency 'and those that could be made relevant such as air pollution controls -- A'preliminary outline of potentially relevant mechanisms might include I General A Environmental assessment requirements B Government information dissemination programs II Emission Reduction A Environmental Regulation 1 Control of air emissions stationary sources mobile sources consumer products a national ambient air quali ty standards b level of air emissions requirements c best available technology requirements d operating standards e labeling requirements 2 Control of chemicals and toxics B Energy Regulation 1 Industrial efficiency standards 2 Vehicle and other product efficiency standards 3 Alternative energy sources hydro solar geothermal wind nuclear 4 Economic incentives to reduce consumption of fossil fuels -13- UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 _ - _ _ _ - - - UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 5 Building codes 6 Standards for government-financed construction 7 Consumer rebates for efficient appliances C Transportation regulation 1 Highway construction 2 Mass transit 3 Transportation planning D Agriculture regulation methane emissions E Human Settlement Planning F population Planning G Government Information Dissemination Programs II Affecting Sinks A Forestry e g logging restrictions reforestation requirements B Land use planning cluster developments greenbelts parks C Acquisition management of public lands III Adaptation A Coastal zones 1 Setback laws 2 Land acquisition open space dedication purchase of development rights 3 Building codes 4 Insurance limits in vulnerable areas requirements on relocation rebuilding 5 Incorporation of potential sea-level rise into governmental and private infrastructure planning and development 6 Filling coastal lands -14- UNCLASSIFIED U S De artment of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 B water resource management 1 Allocate water resources to their highest economic uses through greater use of market pricing 2 Develop alternative water sources 3 Restrictions on withdrawal of water from coastal aquifers to slow salinization 4 Desalinization processes for industrial use and human consumption c Agriculture l Technical assistance to farmers 2 Encouraging shifts to different crops IV Tax burdens tax incentives triCe supports investment guarantees grants as they re ate Eo any of the above V other mechanisms or aspects of above that relate to climate change abroad A Debt-for-nature swaps B Environmental assessment requirements for actions having effects abroad C Development assistance programs -15- UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 I ---U-N-C-LA S S IF I 'E D---U S D-e-p-art-m-en-t-o f S ta te--- C -a-s-e N o- - F - -2 0 0 6-- 0 0- -94 3 '-- D -o-C- 'N- -o- C 0- S- -31- - 9 S - 9 - 7-D 'a' ' t-e- 0 -4 - 0 2 - 20 -1 - 3 ---- Elements of a Framework convention on Global Climate Change General Principles 1 A framework convention on global climate change should be drafted to be amenable to adherence by a significant majority of the world's countries including those comprising a significant majority of the world's population and those whose actions are significantly influencing atmospheric concentrations of C02 methane and other greenhouse gases As such the negotiating process to develop the convention should have as an explicit objective the broadest possible participation 2 The framework convention should generally follow the model of the 1985 Vienna Convention for the protection of the Ozone Layer the wVienna Convention W 3 The convention should provide an institutional framework for ongoing assessment of global climate change and discussion of possible responses It should also provide a legal fyamework under which futUre specific response measures could be subsequently developed and agreed 4 The convention's twin goals should be to provide a framework for 1 increasing our understanding of the scientific aspects of global climate change and its potential impacts and 2 protecting social environmental and economic well-being from adverse impacts likely to result from climate change 5 The framework convention should provide for cooperation with competent international bodies to implement effectively its objectives 6 The framework convention should take into account the need to involve as well as assist developing countries in addressing global climate change issues Convention Elements Implementing General principles -- The framework convention will most likely gain the adherence of the largest number and widest array of countries if it contains broad principles of cooperation rather than complex or potentially contentious provisions such as provisions on liability establishment of a trust fund or enforcement measures and if it contains provisions to deal with the special position of developing countries as discussed below -16- UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No COS319S97 Date 04 02 2013 - UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 -- The convention should track the Vienna Convention in that it should be a framework convention i e one that includes general principles of cooperation but does not itself set forth emissions targets and timetables and should generally contain the s'ame kinds of elements e g general obligations cooperation in research and monitoring exchange of information conference of the parties secretariat provision for adoption of protocols -- The convention should provide an institutional framework for cooperation by establishing a Conference of the parties and a secretariat along the lines of the Vienna Convention It should serve as a legal framework for future agreed measures by providing for the adoption of protocols and or the use of other legal and institutional mechanisms The use or amendment of existing legal or institutional arrangements might be particularly appropriate in the case of region-specific responses -- The terminology 'of the framework convention should reflect its twin goals and should not as is sometimes suggested refer to Wprotecting the climate wo Protecting the climate fer se is' not our objective rather our objective is to protec soCial environment l and economic well-being from the adverse effects likely to result from global climate change Further adaptation measures as opposed to limitation measures are not aimed at wprotecting the climate wo -- The framework convention should implement its twin goals by generally adopting the conceptual approach taken by the IPCC Thus the convention should focus on cooperation in 1 assessing the relevant scientific information relate4 to glcibal climate change 2 assessing potential impacts of global climate change and their likelihoods and 3 formulating and evaluating appropriate response measures on the basis of such assessments as well as social economic and environmental factors and cost effectiveness -- With respect to the assessment of information and impacts the framework convention should provide for the exchange of data including inter alia data related to atmospheric chemistry climate sea-riVel and river flow energy supply coal oil gas nuclear power biomass solar wind energy end use automobile production residential commercial appliance data agriculture rice production fertilizer production cattle sheep goats and forest acreage acreage cleared reforested trees planted There should be open access to such data The parties should also draw upon the expertise of existing international organizations -17- UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 D te 04 02 2013 -- -- ------ UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 -- In addition the framework convention should go beyond assessment of information to which the IPCC's work is limited by calling for enhanced cooperation in producing information In the particular case of scientific information the convention should provide for coordinated monitoring of evolving phenomena and coordinated research to improve knowledge about the origins mechanisms and effects of global climate change Cooperation in monitoring should involve the planning standardization collection analysis and dissemination of appropriate information utilizing as far as possible existing national and international activities The results of the IPCC's inventory of current monitoring systems should be the basis for developing provisions on monitoring -- Be ause enhanced cooperation in monitoring is vital to the process of scientific assessment such cooperation should begin immediately upon entry into force of the convention rather than wait for elaboration in a subsequent protocol or other legal arrangement It could for example be the subject of an original annex to the convention -- The framework convention should provide for the establishment of expert panels either ad hoc or standing to collect analyze and report to the partIes on relevant scientific technical environmental social and economic information referred to above In the case of scientific information periodic updates approximately eve y three years would probably be appropriate -- On the basis of such information the parties will be in a position to develop and evaluate possible response measures Measures that are agreed to may be implemented through various means They may be contained in protocols to the convention although the convention would not impose any obligation on the parties to join any protocol Alternatively as noted above agreed measures may also be implemented by amending existing legal arrangements using existing institutional arrangements or creating new legal or institutional arrangements Agreed measures with respect to the production and consumption of CFCS shoUld be implemented within the framework of the Vienna convention and its Montreal protocol -- Financial issues are too complex to be dealt with in the framework convention However the convention might establish a working group on financial implementation measures that could be charged with preparing a report as expeditiously as possible for the Conference of the Parties to consider -18- UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 __ In terms of taking into account the special position of the developing countries the framework convention should go beyond the IPCC's work in another important respect namely it should provide for cooperation in the development and transfer of technologies to limit or adapt to climate change The development and transfer of technologies to limit emissions of greenhouse gases such as energy end-use and supply techniques CFC substitutes and agricultural and forestry practices will be critical to the implementation of limitation response strategies Similarly the development and transfer of technologies to adapt to global climate change such as structural and non-structural coastal management techniques and practices will be critical to the implementation of adaptation strategies The principles and specific procedures might be elabQrated in an original annex to the convention Further a special working group on technology transfer might be established __ Finally it is currently premature to consider the subject of possible protocols and other agreed response measures the order in which they might be taken up and whether there will be linkage between various agreed measures The IPCC has yet to complete its interim report due in November 1990 in addition the parties to the framework convention will continue to consider the appropriateness and timing of varioUS response measures -19- I I UNCLASSIFIED U S Department of State Case No F-2006-00943 Doc No C05319897 Date 04 02 2013 This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu