Abstract
Energy innovation is a cutting edge and crucial element of addressing climate change. Environmentally sound technology can be commercially deployed over the next decade to achieve greenhouse gas emission reductions in line with scientific recommendations. Global greenhouse gas emissions have risen approximately 50 % since 1970 and are projected to rise by another half by 2030 (Krittivas 2009). In our scramble to understand the recent financial crisis, the international community continues to respond inadequately to the larger threat that climate change poses to security. International indecision regarding who will pay for climate change mitigation and adaptation has exceeded rational behavior. Good governance enhances sustainable development, participation, human rights, rule of law, anti-corruption, transparency, accountability, and access to information (UNESCO 2005). Procedural and substantive measures are at the core of the international community’s ability to agree upon a binding legal framework on climate change.
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Notes
- 1.
The ten cities at the highest risk for flooding are: Mumbai, Guangzhou, Shanghai, Miami, Ho Chi Minh City, Calcutta, greater New York City, Osaka-Kobe, Alexandria, and New Orleans.
- 2.
The treaty notes that the greenhouse gases are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulphur hexafluoride (SF6). Since 2013, nitrogen trifluoride (NF3) is regulated as an additional greenhouse gas. See also Burleson (2008a, b).
- 3.
‘This treaty guarantees protection of foreign investment, and offers energy-producing countries the essential energy technologies and upgrading of energy exploration and production mechanisms, and eventually guarantees the uninterrupted flow of energy through secure transit routes. One major obstacle in the path of the ECT’s development, however, is the lack of adequate membership of the major energy-producing countries (only three important countries, namely Turkmenistan, Azerbaijan and Kazakhstan have joined).’
- 4.
‘Indeed, political reform is one of the major imperatives for elimination of unjustified subsidies. Where there are no effective limits on lobbying or campaign contributions, as in the US, the powerful can readily corrupt the political process with contributions, gaining unjustified direct subsidies and favorable financing, depreciation and tax treatment that result in policies that favor them but harm the general public.’
- 5.
‘Ideally the tariffs are guaranteed for a certain period of time and then, reduced, allowing time for investors to earn returns but ultimately providing incentives for cost reduction. The cost of the tariffs is usually spread among all energy consumers as an electricity surcharge.’
- 6.
‘Production tax credits are another common method of subsidizing renewable energy production, in which tax benefits are tied to the amount of renewable energy production. Alternatively, production payments may be given per unit of energy produced.’
- 7.
S.B. 7, 76th Leg., Reg. Sess. (Tx. 1999).
- 8.
S.B. 20, 79th Leg., Reg. Sess. (Tx. 2005).
- 9.
S.B. 20, 79th Leg., Reg. Sess. (Tx. 2005).
- 10.
See also Akanle et al. (2008), noting that ‘[t]his roadmap includes ‘tracks’ under the Convention and the Kyoto Protocol. Negotiations on the follow-up to the Convention Dialogue resulted in agreement on a Bali Action Plan that established the AWG-LCA, which was mandated to launch a comprehensive process on long-term cooperative action under the Convention. The Bali Action Plan identifies four key elements: mitigation, adaptation, finance and technology. The Plan also contains a non-exhaustive list of issues to be considered under each of these areas and calls for articulating a ‘shared vision for long-term cooperative action.”
- 11.
UNFCCC Article 4.5 supra note 20; see also Article 4.7 establishes a clear link between the extent to which developing countries will implement their commitments under the UNFCCC and the effective implementation by developed countries of their commitments relating to financial resources and the transfer of technology.
- 12.
Outcome of the work of the Ad Hoc Working Group on Long-term Cooperative Action under the Convention (United Nations Framework Convention on Climate Change Secretariat, December 12, 2010), chapter IVB, http://unfccc.int/files/meetings/cop_16/application/pdf/cop16_lca.pdf.
- 13.
Decision 1/CP.16 includes the outcome of work by the Ad Hoc Working Group on Long-Term Cooperative Action under the Convention (AWG-LCA) and covers the main elements of the Bali Road Map. Decision 1/CMP.6 reflects the outcome of the work undertaken by the Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP). At 121. (The TEC will consider and recommend actions to promote environmentally sound technology transfer; provide guidance on policy and program priorities; facilitate collaboration between governments, the private sector, NGOs, and academic and research communities; recommend actions to address barriers to technology transfer; and catalyze development and use of technology road maps or action plans.)
- 14.
Id.
- 15.
- 16.
See UNFCCC Article 4.5; cf. A Universal Declaration of Human Rights, G.A. Res. 217 (III) A, art. 27(1), U.N. Doc. A/RES/217(III), (Dec. 10, 1948), available at http://www.un.org/en/documents/udhr/index.shtml#a27 (‘Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.’)
- 17.
United Nations Framework Convention on Climate Change (2009) ch. IV, para. 197.
- 18.
United Nations Framework Convention on Climate Change (2009) ch. IV, para. 183.
- 19.
United Nations Framework Convention on Climate Change (2009) ch. IV, para. 185. Further noting that national technology roadmaps can include: ‘(a) Identification of technological options for specific sectors; (b) Obstacles to the development and transfer of identified technological options; (c) Policy instruments and infrastructure required for the deployment, diffusion and transfer of identified technological options; [and] (d) Capacity-building needs …’
- 20.
United Nations Framework Convention on Climate Change (2009) ch. IV, para. 192. The Text further notes that: [f]or the purpose of meeting its quantified emission limitation and reduction commitments and requirements for monitoring, reporting and verification, a Party may transfer to, or acquire from, other Parties emission reduction units resulting from projects and programs that accelerate the diffusion or transfer of environmentally sound technologies, provided that:
-
(a)
Voluntary participation is approved by each Party involved;
-
(b)
Any such project results in measurable, reportable and verifiable reductions of GHG emissions by sources or enhancements of removals by sinks;
-
(c)
The project contributes to the achievement of the technology targets and objectives of the host Party;
-
(d)
The host Party has allocated assigned amount units or environmentally sound technology rewards (ESTRs) to the project or program;
-
(e)
The project/program is registered under the Convention;
-
(f)
Participants in the ESTR mechanism may involve private and public companies. United Nations Framework Convention on Climate Change (2009) ch. IV, para. 191.
-
(a)
- 21.
United Nations Framework Convention on Climate Change (2009) ch. IV, para. 195.
- 22.
United Nations Framework Convention on Climate Change (2009) ch. IV, para. 196.
- 23.
United Nations Framework Convention on Climate Change (2009) ch. IV, para. 196.
- 24.
United Nations Framework Convention on Climate Change (2009) ch. IV, para. 196.
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Burleson, E. (2014). Innovation, Adaptation and Climate Change Law. In: Albrecht, E., Schmidt, M., Mißler-Behr, M., Spyra, S. (eds) Implementing Adaptation Strategies by Legal, Economic and Planning Instruments on Climate Change. Environmental Protection in the European Union, vol 4. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-540-77614-7_3
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