{"id":471704,"date":"2010-03-25T09:53:53","date_gmt":"2010-03-25T13:53:53","guid":{"rendered":"11545 at http:\/\/www.wri.org"},"modified":"2010-03-25T09:53:53","modified_gmt":"2010-03-25T13:53:53","slug":"associating-with-the-copenhagen-accord-what-does-it-mean","status":"publish","type":"post","link":"https:\/\/mereja.media\/index\/471704","title":{"rendered":"&#8220;Associating&#8221; with the Copenhagen Accord: What Does It Mean?"},"content":{"rendered":"<p><strong>As the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> prepares for its next formal meeting, questions about the Copenhagen Accord\u2019s status remain.<\/strong><\/p>\n<p>In the months following the <a href=\"http:\/\/feedproxy.google.com\/project\/international-climate-policy\/cop-15\">Copenhagen climate conference<\/a>, after COP-15 \u201ctook note\u201d of the Copenhagen Accord, governments and commentators have been debating the legal status of this unique document.  As was <a href=\"http:\/\/feedproxy.google.com\/stories\/2009\/12\/taking-note-copenhagen-accord-what-it-means\">discussed in a previous posting<\/a>, the Accord was agreed upon by a subset of the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> parties. The unusual circumstances left unclear which governments supported the Accord, which governments did not,  whether some or all of its provisions could become \u201coperational immediately\u201d and which would require further actions by parties, and by the COP.<\/p>\n<p>Shortly after COP-15, the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> Secretariat, with support from the UN Secretary General and the Danish COP Presidency, wrote to the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> parties and requested that they notify each other what targets for Annex I (developed) countries, and actions for non-Annex I (developing) countries they were willing to put forward in response to the Accord.  (See <a href=\"http:\/\/unfccc.int\/home\/items\/5262.php\">notes from the Secretariat and party responses<\/a>). The Secretariat\u2019s letter also requested that parties indicate if they wished to \u201cassociate\u201d with the Accord and have their country\u2019s name listed in the final version of the Accord\u2019s opening paragraph.<\/p>\n<p>As the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> parties prepare for their next formal meeting, some questions related to the Accord\u2019s status have been answered, but others remain open to interpretation:<\/p>\n<div class=\"sidebar_text shaded\">\n<div class=\"wrapper\">\n<h4>For More Information<\/h4>\n<ul>\n<li><a href=\"http:\/\/unfccc.int\/home\/items\/5262.php\">UNFCCC website<\/a><\/li>\n<li><a href=\"http:\/\/www.usclimatenetwork.org\/policy\/copenhagen-accord-commitments\">US-CAN Tracking Sheet on the Copenhagen Accord<\/a><\/li>\n<li><a href=\"http:\/\/feedproxy.google.com\/stories\/2010\/02\/adding-countries-emission-reduction-targets\">Adding Up Countries&#8217; Emission Reduction Targets<\/a><\/li>\n<\/ul>\n<\/div>\n<\/div>\n<h3>How many countries have submitted targets and actions under the Accord? And how many have \u201cassociated\u201d themselves with the Accord?<\/h3>\n<p>As of today, a <a href=\"http:\/\/unfccc.int\/home\/items\/5262.php\">total of 73 countries<\/a> &#8211; 40 Annex I and 33 non-Annex I countries (including Kazakhstan) &#8211; have submitted targets or actions to the Secretariat.  Of these, 64 have explicitly associated themselves with the Accord.<\/p>\n<p>An <a href=\"http:\/\/unfccc.int\/home\/items\/5262.php\">additional 35 countries<\/a> have explicitly associated themselves with the Accord but have not submitted targets or actions.<\/p>\n<p>13 countries &#8211; including Brazil, Croatia, China, India, Namibia, and Palau &#8211; have expressed support for the Accord, without \u201cassociating\u201d with it, as further discussed below.<\/p>\n<p>4 countries, the Cook Islands, Kuwait, Nauru and Ecuador&#8212;an interesting mix of small island and oil experting countries&#8212;have submitted letters to the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> not associating with or supporting the Accord.<\/p>\n<h3>Weren\u2019t a number of countries, including the BASIC countries (Brazil, South Africa, India and China), which were key to agreeing the Accord, reluctant to \u201cassociate\u201d themselves with it?<\/h3>\n<p>The post-Copenhagen reluctance of a number of countries to associate with the Accord can be explained as an effort to ensure that the Accord did not take on a legal or procedural status beyond what was intended.   Many countries \u2013 including those associating with the Accord \u2013 made clear in the notes submitted to the Secretariat that they were unhappy with the Accord\u2019s content and the manner in which it was concluded.  Many countries, including the BASIC countries, also wanted to make sure that the Accord wasn\u2019t used to launch a process that might overtake or run in parallel to the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> process.<\/p>\n<p>(Following what many saw as a dysfunctional COP, involving the unwieldy interests of more than 190 countries, a number of commentators were calling for \u201cAccord countries\u201d to push forward with implementation of the Accord and further negotiations in smaller settings which focus on major emitters of greenhouse gases, such as the G-20 and the Major Economies Forum.)<\/p>\n<p>The BASIC countries met on January 24th, 2010, shortly after COP-15 and just prior to the Accord\u2019s deadline for submissions. They acknowledged their central role in finalizing the Accord, and underscored their support for the document. According to the <a href=\"http:\/\/www.hindu.com\/nic\/2010draft.htm\">joint statement of the BASIC group<\/a>, the countries \u201cunderlined the importance of the Accord as representing a high level political understanding among the participants on some of the contentious issues of the climate change negotiations.\u201d<\/p>\n<p>However, when they submitted their pledges of actions, none of these four countries explicitly associated themselves with the Accord.  Instead, they referred to general provisions of the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> that encourage countries to report on national climate policies.  Indeed, only South Africa chose to mention the Accord in its submission.<\/p>\n<p>Since these original submissions were made, the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> Secretariat followed up with a note asking countries that had submitted targets or actions but were silent on the Accord, whether they intended to associate with the Accord.  In response, South Africa has now explicitly associated itself with the Accord and each BASIC party has asked to have its country\u2019s name listed in the Accord\u2019s opening paragraph.<\/p>\n<p>(While Brazil, China and India have each agreed to have its name listed, none has explicitly \u201cassociated\u201d itself with the Accord. This is most sensibly read as a distinction without a difference.  Once these countries\u2019 names are listed in the Accord\u2019s opening paragraph, they will appear before the phrase \u201cHave agreed on this Copenhagen Accord.\u201d  This could be read as a stronger formulation than merely \u201cassociating\u201d with the Accord.)<\/p>\n<h3>Does the fact that so many countries have associated with the Accord change the document\u2019s legal character?  Does it make it more binding on individual countries?<\/h3>\n<p>The <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> Secretariat <a href=\"http:\/\/unfccc.int\/files\/parties_and_observers\/notifications\/application\/pdf\/100125_noti_clarification.pdf\">has clarified<\/a> that, in its view \u201csince the Conference of the Parties neither adopted nor endorsed the Accord, but merely took note of it, its provisions do not have any legal standing within the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> process even if some Parties decide to associate themselves with it&#8230; . the accord is a political agreement rather than a treaty instrument.\u201d<\/p>\n<p>However, the fact that so many countries have explicitly associated with the Accord (and at least as important, have submitted targets and actions) goes a long way to towards curing some of the procedural difficulties that surrounded the finalization of the Accord in Copenhagen.  At the end of the Copenhagen negotiations, it was unclear which countries supported the Accord and which countries did not.  The names of more than half the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> parties, representing the bulk of global emissions, will now appear in the Accord\u2019s opening paragraph, and for most of them their targets and actions will be listed in the Appendices.<\/p>\n<p>The Accord remains a \u201cpolitically binding\u201d instrument.  For countries associating with the document, the Accord represents, as the BASIC countries themselves described it a \u201chigh level political understanding.\u201d  There are many aspects of the Accord that cannot be made operational without further action by the COP.  Many of the parties that have associated with the Accord continue to express the view that the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> process must conclude with a new, legally binding instrument in order to respond effectively to the challenge of climate change.<\/p>\n<h3>What does this mean for the next stage in the negotiations?  Will the Accord now become an official <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> document?<\/h3>\n<p>As has been described, the Accord\u2019s provisions \u201cdo not have any legal standing within the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> process.\u201d  The Accord does, however have a growing political importance, and recent submissions from Parties indicate that they expect the Accord to provide significant guidance in the next stage of negotiations. It can help to complete those parts of a \u201cglobal deal\u201d left unfinished in Copenhagen and, hopefully, lead to a COP decision on which all <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> parties can agree under the Convention\u2019s consensus decision-making rule.<\/p>\n<p>The Accord and its appendices have already taken on an important functional role as well.  The Secretariat is listing the letters of association and the Appendices on the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> official website, and it appears to have a mandate to prepare and publish a more final version of the Accord that will include parties\u2019 names.  A kind of \u201cproto-registry\u201d of targets and actions of the kind contemplated by the Accord and by the broader negotiations has, de facto, been created, allowing the international community to begin to assess and compare what each Accord participant is prepared to do, and the conditions under which it is prepared to follow through on these pledges.<\/p>\n<h3>Does this mean the battle over the Accord\u2019s status is over?<\/h3>\n<p>No.  It must be recalled that a number of <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> parties continue to object to both the Accord\u2019s content and the process by which it was agreed.  At least one party, Cuba, has formally objected, in writing to the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> Secretariat\u2019s handling of the Accord, describing the document as \u201cfrappe de nullite\u201d or \u201cnull and void.\u201d  Under the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr>\u2019s consensus decision-making rules one can reasonably expect that this and some of the other 90 parties to the <abbr title=\"United Nations Framework Convention on Climate Change\">UNFCCC<\/abbr> that have either remained silent or have rejected the Accord as illegitimate will continue to raise procedural objections to its use in the ongoing negotiations.<\/p>\n<div class=\"feedflare\">\n<a href=\"http:\/\/feeds.feedburner.com\/~ff\/WRI_News_and_Views?a=XuLgV9cZm2s:UAGqoNQffdQ:yIl2AUoC8zA\"><img decoding=\"async\" src=\"http:\/\/feeds.feedburner.com\/~ff\/WRI_News_and_Views?d=yIl2AUoC8zA\" border=\"0\"><\/img><\/a> <a href=\"http:\/\/feeds.feedburner.com\/~ff\/WRI_News_and_Views?a=XuLgV9cZm2s:UAGqoNQffdQ:dnMXMwOfBR0\"><img decoding=\"async\" src=\"http:\/\/feeds.feedburner.com\/~ff\/WRI_News_and_Views?d=dnMXMwOfBR0\" border=\"0\"><\/img><\/a> <a href=\"http:\/\/feeds.feedburner.com\/~ff\/WRI_News_and_Views?a=XuLgV9cZm2s:UAGqoNQffdQ:F7zBnMyn0Lo\"><img decoding=\"async\" src=\"http:\/\/feeds.feedburner.com\/~ff\/WRI_News_and_Views?i=XuLgV9cZm2s:UAGqoNQffdQ:F7zBnMyn0Lo\" border=\"0\"><\/img><\/a> <a href=\"http:\/\/feeds.feedburner.com\/~ff\/WRI_News_and_Views?a=XuLgV9cZm2s:UAGqoNQffdQ:V_sGLiPBpWU\"><img decoding=\"async\" src=\"http:\/\/feeds.feedburner.com\/~ff\/WRI_News_and_Views?i=XuLgV9cZm2s:UAGqoNQffdQ:V_sGLiPBpWU\" border=\"0\"><\/img><\/a> <a href=\"http:\/\/feeds.feedburner.com\/~ff\/WRI_News_and_Views?a=XuLgV9cZm2s:UAGqoNQffdQ:qj6IDK7rITs\"><img decoding=\"async\" src=\"http:\/\/feeds.feedburner.com\/~ff\/WRI_News_and_Views?d=qj6IDK7rITs\" border=\"0\"><\/img><\/a> <a href=\"http:\/\/feeds.feedburner.com\/~ff\/WRI_News_and_Views?a=XuLgV9cZm2s:UAGqoNQffdQ:gIN9vFwOqvQ\"><img decoding=\"async\" src=\"http:\/\/feeds.feedburner.com\/~ff\/WRI_News_and_Views?i=XuLgV9cZm2s:UAGqoNQffdQ:gIN9vFwOqvQ\" border=\"0\"><\/img><\/a>\n<\/div>\n<p><img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/feeds.feedburner.com\/~r\/WRI_News_and_Views\/~4\/XuLgV9cZm2s\" height=\"1\" width=\"1\"\/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>As the UNFCCC prepares for its next formal meeting, questions about the Copenhagen Accord\u2019s status remain. In the months following the Copenhagen climate conference, after COP-15 \u201ctook note\u201d of the Copenhagen Accord, governments and commentators have been debating the legal status of this unique document. As was discussed in a previous posting, the Accord was [&hellip;]<\/p>\n","protected":false},"author":4288,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-471704","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/471704","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/users\/4288"}],"replies":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/comments?post=471704"}],"version-history":[{"count":0,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/471704\/revisions"}],"wp:attachment":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/media?parent=471704"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/categories?post=471704"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/tags?post=471704"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}