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International Cooperation: Agreements & Instruments
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Chapter 13
reflected in the principles of the Convention (see Section 13.2.1.2; and
detailed treatment of the literature on ethics in Section 3.2).
Another dimension of distributional equity is the possibility for miti-
gation actions in one jurisdiction to have positive or negative conse-
quences in another jurisdiction. This phenomenon, sometimes referred
to as ‘response measures’ or as ‘spillover effects’ (see WGIII AR4 Glos-
sary), can lead to an unequal distribution of the impacts of climate
change mitigation actions themselves. A plausible example of a spill-
over effect is the impact of emissions reductions in developed countries
lowering the demand for fossil fuels and thus decreasing their prices,
leading to more use of such fuels and greater emissions in developing
nations, partially off-setting the original cuts (Bauer etal., 2013) This
dynamic can also be important for countries with large endowments
of conventional oil and gas that depend on export revenues. These
countries may lose energy export revenue as a result of climate poli-
cies enacted in other countries (Kalkuhl and Brecha, 2013; Bauer etal.,
2013). Additionally, climate policies could also reduce international coal
trading (Jewell etal., 2013). See also Sections6.3.6, 14.4.2, and 15.5.2
for further discussion of spillover effects.
13�2�2�4 Institutional feasibility
The institutional feasibility of international climate policy may depend
upon agreement among national governments and between govern-
ments and intergovernmental bodies (Wiener, 2009; Schmalensee,
2010). Institutional feasibility is closely linked to domestic political
feasibility, because domestic political conditions affect participation
in, and compliance with, international climate policies. This has been
addressed in the literature on ‘two-level’ games (Kroll and Shogren,
2009; Hafner-Burton etal., 2012). Four sub-criteria of institutional fea-
sibility can also be considered: participation, compliance, legitimacy,
and flexibility.
First, participation in an international climate agreement might refer
to the number of parties, geographical coverage, or the share of global
GHG emissions covered. Participating parties might vary with regard
to the nature and specificity of their commitments (e. g., actions ver-
sus quantitative emissions-reduction targets). Sovereign states are not
bound by an international treaty or other arrangement unless they
consent to participate. The literature has examined a broad array of
incentives to promote breadth of participation in international agree-
ments (Barrett, 2003; Barrett and Stavins, 2003; Stewart and Wiener,
2003; Hall etal., 2010; Victor, 2010; World Bank, 2010; Olmstead and
Stavins, 2012). These incentives can be positive (e. g., financial sup-
port or technology transfers) or negative (e. g., trade sanctions). Some
authors have suggested that participation limited to countries with the
highest emissions enhances institutional feasibility (Leal-Arcas, 2011)
and that incentive-based emissions-permit allocations, or rules requir-
ing participation of key players, may enable larger coalitions (Dellink
etal., 2008; Dellink, 2011).
Second, institutional feasibility is also partly determined by the com-
pliance of participating countries with an agreement’s provisions.
Mechanisms to ensure compliance, in turn, affect decisions to partici-
pate, as well as long-term performance (Barrett, 2003). Incentives for
encouraging compliance can be built into flexible mechanisms, such
as tradable permit systems (Wiener, 2009; Ismer and Neuhoff, 2009;
Keohane and Raustiala, 2010). Compliance is fundamentally prob-
lematic in international agreements, as it is difficult to establish an
authority that can legitimately and effectively impose sanctions upon
sovereign national governments. Despite that, indirect negative con-
sequences of non-compliance can arise within the regime established
by the agreement, or in other regimes, for example, adverse voting
behaviour in international forums or reduction in foreign aid (Heitzig
etal., 2011).
Third, legitimacy is a key component of institutional feasibility. Parties
to a cooperative agreement must have reason to accept and imple-
ment decisions made under the agreement, meaning they must believe
that the relevant regime represents them fairly. Legitimacy depends on
the shared understanding both that the substantive rules (outputs) and
decision-making procedures (inputs) are fair, equitable, and beneficial
(Scharpf, 1999), and thus that other regime members will continue to
cooperate (Ostrom, 1990, 2011). In practice, the legitimacy of substan-
tive rules is typically based on whether parties evaluate positively the
results of an authority’s policies, while procedural legitimacy is typi-
cally based on the existence of proper input mechanisms of partici-
pation and consultation for the parties participating in an agreement
(Stevenson and Dryzek, 2012).
Finally, the institutional feasibility of international climate policy
depends in part on whether the institutions relevant for a policy can
develop flexibility mechanisms — which typically require that the
institutions themselves are flexible or adjustable. It may be important
to be able to adapt to new information or to changes in economic
and political circumstances. The institutionalization of learning among
actors, which is referred to as ‘social learning’ in the literature of envi-
ronmental governance (Pahl-Wostl et al., 2007), is an important
aspect of success, enabling adaptation to changing circumstances.
While institutional arrangements that incorporate a purposive pro-
cess of experimentation, evaluation, learning, and revision may be
costly, policies that do not incorporate these steps may be overly rigid
in the face of change and therefore potentially even more costly
(Greenstone, 2009; Libecap, 2011). Another area of current debate
and research is the question of whether increased flexibility in design-
ing obligations for states helps them align their international obliga-
tions more readily with domestic political constraints (von Stein,
2008; Hafner-Burton etal., 2012). This suggests that designing inter-
national climate policies involves a balance between the benefits of
flexibility and the costs of regulatory uncertainty (Goldstein and Mar-
tin, 2000; Brunner etal., 2012). Chapter 2, for example in Section
2.6.5.1, goes into more depth on problems related to regulatory
uncertainty.
Box 13�1 | International agreements and developing countries
The United Nations Framework Convention on Climate Change
(UNFCCC) is a statement of aspirations, principles, goals, and the
means to meet commitments. The Kyoto Protocol of the UNFCCC
included, for the first time, binding mitigation commitments — for
nations listed in its AnnexB. Other countries may assist Annex B
Parties in meeting their mitigation commitments via the Clean
Development Mechanism (CDM), under the Protocol’s Article 12.
AnnexI countries under the UNFCCC, which include all Annex
B countries under the Kyoto Protocol, are largely the wealthi-
est countries and largest historical emitters of GHGs. However,
AnnexI countries’ share of historical cumulative GHG emissions
in 2010 is close to the share of the non-AnnexI countries (Section
13.13.1.1). Thus, the Kyoto Protocol’s mitigation commitments
were initially consistent with the UNFCCC principle of ‘common
but differentiated responsibilities and respective capabilities’
(CBDRRC). However, since the UNFCCC divided countries into two
categories in 1992, both income patterns and the distribution of
GHG emissions have changed significantly, even as variations in
income and per capita responsibility for emissions remain sub-
stantial both within and between countries. Between Conference
of Parties (COP)-13 (Bali) in 2007 and COP-16 (Cancún) in 2010,
many developing countries put forward quantifiable mitigation
actions (as contrasted with quantified, economy-wide emissions
reductions targets assumed by Annex B parties under the Kyoto
Protocol) and agreed to more frequent reporting and enhanced
transparency of those actions. Further pledges of actions have
been made since Cancún. (Section 13.13)
For many developing countries, adaptation can have comparable
priority to mitigation. This may be because countries are especially
vulnerable to climate change damages or they lack confidence in
progress with mitigation efforts. These countries are often the least
able to finance adaptation, leaving cooperative agreements to
attempt to identify sources of support. (See Chapter 16 for detail.)
International collaboration regarding public climate finance under
the UNFCCC dates back to 1991, when the Climate Change Pro-
gram of the Global Environment Facility (GEF) was established. The
literature reflects mixed evidence on the scale and environmental
effectiveness of such funding. Funding for reporting and mitigation
flows through four primary vehicles: the GEF, which focuses on
mitigation; the Least Developed Country Fund (LDCF) and Special
Climate Change Fund (SCCF), created in 2001 for adaptation
purposes and operated by the GEF; the Adaptation Fund set up in
2008; and the Green Climate Fund (GCF), established in 2010 for
mitigation and adaptation. (Section 13.11, see also Section 16.2)
The Copenhagen Accord set a goal to jointly mobilize 100 billion
USD / yr by 2020 to address the needs of developing countries.
(Section 13.11) Article 4.5 of the UNFCCC also calls for technology
transfer from developed to developing countries. The Technology
Mechanism, with an Executive Committee and Climate Technology
Centre and Network, is seeking to fulfil this goal.
Research indicates that adaptation assistance, such as that pro-
vided by the Kyoto Protocol’s Adaptation Fund, can be crucial for
inclusion of developing countries in international climate agree-
ments. Further research into the distribution of adaptation finance
across countries from both UNFCCC and non-UNFCCC sources
is required to assess the equity, efficiency, effectiveness, and
environmental impacts of the Adaptation Fund and other funding
mechanisms. Many developing countries have created institutions
to coordinate adaptation finance from domestic and international
funding sources. (Sections 13.3, 13.5)
The literature identifies several models for equitable burden
sharing — among both developed and developing countries in
international cooperation for climate change mitigation. The prin-
ciples on which burden sharing arrangements may be based are
described in Section 4.6.2, and the implications of these arrange-
ments are discussed in Section 6.3.6.6. Distributional impacts from
agreements will depend on the approach taken, criteria applied
to operationalize equity, and the manner in which developing
countries’ emissions plans are financed; studies suggest potential
approaches (Section 13.4, UNFCCC Secretariat 2007b, 2008). A
major distributional issue is how to account for emissions from
goods produced in a developing country, but consumed in an
industrialized country. Such emissions have increased rapidly since
1990, as developed countries have typically been importers of
embodied emissions, while many developing countries have large
shares of emissions embodied in exports. (Sections 13.8, 14.3.4)
New and existing coalitions of countries have engaged in the
UNFCCC negotiations, each presenting coordinated positions.
Several distinct coalitions of developing countries have formed to
negotiate their divergent priorities. Examples include the Group of
77 (G-77) and China, which contains sub-groups such as the Afri-
can Group, the Least Developed Countries, and the Arab Group;
the Alliance of Independent Latin American and Caribbean states;
and a ‘like-minded developing country’ group that included China,
India, and Saudi Arabia. Other coalitions organized to influence
UNFCCC negotiations include the Alliance of Small Island States
(AOSIS); various groupings of industrialized countries, including
the Umbrella Group; the Environmental Integrity Group; the BASIC
countries (Brazil, South Africa, India, and China); the Coalition of
Rainforest Nations; and other active coalitions not limited to the
climate context, for example, the Comision Centroamericana de
Ambiente y Desarollo and the Bolivarian Alliance for the Americas.