Dr. F. Horacio Payá Climate Law in Developing Countries post-2012: North and South Prespectives September 26 – 28, 2008 IUCN Academy of Environmental Law University of Ottawa International Climate Policy and Developing Countries’ national development policies: A necessary link for a successful international agreement.

Ways to enhance mitigation according to Bali “National appropriate mitigation actions” (NAMA) by Developing countries Cooperative Sectoral Approaches.

- As countries are not in the same situation differentiation might be one of the clues to reach a successful agreement. -Bali differentiates “Quantified emissions limitation or reduction by developed countries” vs. “Nationally appropriate mitigation actions” by developing countries” - However, additional differentiation might be needed. “ National appropriate mitigation actions”

Major Bali Directions: -“in the context of sustainable development” -“supported and enabled by technology, financing and capacity building” -“in a measurable, reportable and verifiable manner”

“ National appropriate mitigation actions” 1.What are “N.A.M.A “ ? 2. What form might they adopt ? 3. How should the NAMA be supported through the international framework ? 4. What should their content be ?

What are National Appropriate Mitigation actions ? We envisage NAMA as: - Policies, legal requirements and measures that integrate climate consideration within specific national sustainable development policies. - Actions that shall not include emission reduction objectives. Notwithstanding, emission reduction should come as a consequence of implementing these sound development policies and measures.

What form might “NAMA” adopt ? -Policy based approach. -Prospective SD- PAM might be structured into a Program. -Define, classify and make explicit the sustainable development policies to be adopted -Explain how such SD- PAMs will contribute to moderate GHG emissions while fostering economic and social development.

What form might “NAMA” adopt ? -Indicate how such SD.PAMs will be implemented, their time frames, and funding needs -Indicate how its implementation will be controlled, and guaranteed. - Explain how the success of such SD-PAMs will be evaluated and measured. -The Program should be submitted to the COP or to a technical body for revision and registration.

How should “NAMA” be supported ? Developing countries mitigation actions should be subject to the support, and enabled, by funding, technology and capacity building. The costs of implementing the committed SD-PAMs should be shared in different percentages between each developing country (considering different categories) and international funding to be provided through the new climate framework. Among developing countries differences in their current emissions and degree of social and economic development might be considered, in setting priorities and share of international funding and financial aid to meet their NAMA.

a). Institutional and legal framework for long-term energy planning. b). Re/afforestation programs and forested areas protection through sustainable development policies and regulations; c). Diversification and upgrade of public transport, shifting or adapting to more efficient transport modes. Infrastructure projects. SD-PAMs should also integrate the adaptation component in the cases is needed. What should their content be ?

Argentine Native Forests Law (December 2007). -Nationwide ban on native forests cuts until each Province performs a territorial zoning. -It creates 3 categories depending on their conservation value. (Green, yellow and red) -Deforestation is not allowed in categories red and yellow. -Sustainable use it is permitted in cat, yellow and green, prior EIA. What should their content be ?

It creates a Fund aimed at compensating provinces that preserve native forests provided that they had performed the territorial zoning. Money needs: Provinces: To perform the forest categorization. National Government: To integrate the Compensation Funds This kind of policy should receive international funding and support. What should their content be ?

Cooperative Sectoral Approaches. Sectoral agreements may adopt a variety of formats, contents and options Under Global Industry Sectoral initiatives Industry takes the lead towards reaching an agreement, generally, under the auspices of a global sectoral association or chamber GIS initiatives may evolve into governmental agreements, G.I.S. initiatives might be a mean of simplifying negotiations in certain sectors, which will need, if agreements are reached, the adhesion of governments and their inclusion in one way or another into the Post 2012 legal regime.

The Steel Industry Sectoral Approach Objective: Reduce CO2 emissions worldwide, through a global steel sector approach. Obtain a global improvement in CO2 emissions for every unit of steel produced. Means: Improvements in energy efficiency Through technology that reduces CO2 emissions per unit of steel produced. Increase utilization of byproducts. Cooperation /association between IISI and governments.

Steps already implemented Development of a common reporting and calculation methodology. Ad hoc web site, managed by an ISO certified third party (Consolidates the information per route of production and delivers it in an anonymous way). Information submitted per industrial site. (74 sites have already sent the information). Detailed manual (Use of data base) regarding criteria and scope for reporting. Collection and data analysis The Steel Industry Sectoral Approach

Following steps. Visit to Plants (through external consultants) Evaluation Technology transfer & development of breakthrough technology. Development of the agreement and commitments? Governance structure International presentation in the context of UNFCCC Copenhagen COP. The Steel Industry Sectoral Approach

SA should be designed in a manner compatible with the UNFCCC principles and with the Kyoto mechanisms, so as not to limit parties of the SAA to make use of them. How should uniform sectoral commitments be compatible with the principle of common but differentiated responsibilities, and with developing countries “nationally appropriate mitigation actions ? Compatibility with UNFCCC principles

SA should not “substitute” but complement national commitments. Any sectoral commitment adopted by a developing country which is additional to its SD-PAMs national program duly registered before the UNFCCC, should fall in the category of “voluntary commitment” which generates credits. Depending of the kind of commitment involved (policy based or project based) it should qualify for CDM (a generate CERs), or generate VERs (Voluntary emission reduction credits, which should be internationally marketable). Compatibility with Developing Countries NAMA

The Post 2012 Climate Legal Framework should: -Define Sectoral Approach Agreements -Establish the procedural and substantive requirements for their approval and functioning. Cooperative Sectoral Approaches.

Both national policies and measures programs and sectoral approach agreements in certain industries might be useful ways thought which Developing countries might be willing to contribute to the global effort to tackle climate change in a post 2012 Legal Framework, as far as the actions that they commit to take are aligned to their development needs. Final Comment.