Transcript Links with MEAs

Ecological Debt and
Multilateral Environmental
Agreements (MEAs)
Jesse Lambrecht - Department of Public International Law (UGent)
Ecological Debt and Multilateral Environmental Agreements
Outline
Research framework
 Links with MEAs
 Obstacles

Ecological Debt and Multilateral Environmental Agreements
Research framework (1)
VLIR-BVO project: core research +
modular research
 Module 3:
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MEAs
 January – June 2004
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Ecological Debt and Multilateral Environmental Agreements
Research framework (2)
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Questions:
 “In
what way can ecological debt be integrated?”
 “What are the obstacles in present context?”
 “What kind of solutions might be found?”
Ecological Debt and Multilateral Environmental Agreements
Research framework (2)

Questions:
 “In
what way can ecological debt be integrated?”
 “What are the obstacles in present context?”
 “What kind of solutions might be found?”
Ecological Debt and Multilateral Environmental Agreements
Working definition

The ecological debt of country A consists of:
1. The ecological damage caused over time by country A in
other countries or in an area under jurisdiction of another
country through its production and consumption patterns;
and/or
2. The ecological damage caused over time by country A to
ecosystems beyond national jurisdiction through its
consumption and production patterns; and/or
3. the exploitation or use of ecosystems and ecosystem
goods and services over time by country A, at the expense
of the equitable rights to these ecosystems and ecosystem
goods and services by other countries or individuals.
Ecological Debt and Multilateral Environmental Agreements
Outline
Research framework
 Links with MEAs
 Obstacles

Ecological Debt and Multilateral Environmental Agreements
Links in existing MEAs (1)
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Examined MEAs:
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United Nations Framework Convention on Climate
Change (UNFCCC) & Kyoto Protocol
Convention on Biological Diversity (CBD) &
Cartagena Protocol
United Nations Convention to Combat Desertification
(UNCCD)
Vienna Convention for the Protection of the Ozone
Layer (Vienna Convention) & Montreal Protocol
Convention concerning the Protection of the World
Cultural and Natural Heritage (World Heritage
Convention)
Ecological Debt and Multilateral Environmental Agreements
Links in existing MEAs (2)
No direct reference
 Links: ‘indirect’ reference
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Principle of intra- and intergenerational equity
Principle of common but differentiated responsibilities
Adaptation Fund (Kyoto Protocol)
Equitable Benefit Sharing (CBD)
Ecological Debt and Multilateral Environmental Agreements
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Principle of intra- and intergenerational
equity:
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Principle 3, Rio Declaration
Protecting the environment for present and future
generations
Several MEAs: UNFCCC (Preamble, art. 3(1)); CBD (Preamble,
art. 2); UNCCD (Preamble)
Ecological Debt and Multilateral Environmental Agreements
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Principle of common but differentiated
responsibilities:
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Principle 7, Rio Declaration
Global environmental problems
Developed countries have different (= larger)
responsibility
Several MEAs: UNFCCC (art. 3(1), 4(1)); Kyoto Protocol (art. 10,
art. 13 (4), c and d); Montreal Protocol (art. 5) ...
Ecological Debt and Multilateral Environmental Agreements
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Adaptation Fund (Kyoto Protocol):
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Background
° 2001 - not yet operational
Finance implementation of concrete adaptation
projects and programmes
Generated by 2% share of proceeds on CDM project
activities + additional funding
 Special Climate Change Fund,  Least Developed
Countries Fund
Ecological Debt and Multilateral Environmental Agreements
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Equitable Benefit Sharing (CBD):
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Art. 15 (7) and 19 (1) & (2) CBD: Fair sharing of
benefits arising from the use of genetic resources
Biodiversity Prospecting Agreements
No other links concerning use of natural resources
with equitable compensation
Ecological Debt and Multilateral Environmental Agreements
Other links (1)
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The Brazilian Proposal:
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UNFCCC + ‘legal instrument’
Use of an agreed simple climate model
GHG emission reductions of industrialised countries
based on contribution to temp. increase on earth, not
on current emissions
Historical responsibility
Keeps turning up in negotiations
Ecological Debt and Multilateral Environmental Agreements
Other links (2)
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Statements:
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Build up to WSSD
Backed by studies?
Ecological Debt and Multilateral Environmental Agreements
Outline
Research framework
 Links with MEAs
 Obstacles

Ecological Debt and Multilateral Environmental Agreements
Obstacles

Sovereign rights of states:
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Basic principle in International Law
Principle 21 Stockholm Declaration: balancing?
 International Seabed Authority
Most links are future-orientated
 Use of natural resources with equitable
compensation?
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Ecological Debt and Multilateral Environmental Agreements
Final remarks
Module Energy / Climate: certain basis in MEAs
 Module Agriculture / Food supply: basis less
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evident
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Need for further research