THE MEA - WTO RELATIONSHIP

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Presentation transcript:

THE MEA - WTO RELATIONSHIP MUKUL SANWAL UNFCCC secretariat Technical presentation of text Relatively new text in its current form Elements brought together from other texts in the CNT 11 November 2002

INSTITUTIONAL OVERLAP - TWO LEGAL REGIMES - DIFFERENT APPROACHES A COMMON GOAL SUSTAINABLE DEVELOPMENT NEED FOR INNOVATION Scope is the parts of the Article 7.4 text conceptual elaboration of AA modalities – from Art7 registries are their operationalisation – from mechs C&A is database and reports for summarising emission and AA data – for the compliance assessment – from Art8 Doc references Presentation represents current texts (no dec 5/CP.6) These could change in future, but this is current stance

MUTUAL SUPPORTIVENESS DOHA MANDATE CONFLICTS ABOUT RULES OF SEPARATE REGIMES THAT ARE CONTESTED JOHANNESBURG MANDATE INEFFICIENCIES ARISING FROM EFFORTS TO REAP BENEFITS TRADE, ENVIRONMENT AND DEVELOPMENT

MODALITIES OF COOPERATION VARIETY OF EXPERIMENTS WITH PROCEDURES TO DEAL WITH SPECIFIC ENVIRONMENTAL PROBLEMS AND THE ARRANGEMENTS GOVERNING INTERNATIONAL TRADE DEVICES FOR HANDLING THESE ISSUES - CTE, DSU, COPS, CSD AD-HOC NEGOTIATION AS THE PREDOMINANT MECHANISM FOR SOME TIME

DOHA PROGRAM OF WORK - DEFINITIONS - CONFLICTS BETWEEN RULES GOVERNING ECONOMIC ACTIVITIES AND ENVIRONMENTAL AND SOCIAL REGULATIONS ARISE AT THE NATIONAL LEVEL - CASE LOAD IN THE COURTS - DISSATISFACTION WITH JUDGEMENTS LEADS TO APPEALS TO LEGISLATURES - IN CONTROVERSIAL CASES, HEATED BATTLES, ADJUSTMENTS IN REGIMES OUTCOMES REFLECT POLITICAL INFLUENCE OF GROUPS WHOSE INTERESTS ARE AFFECTED

JOHANNESBURG PROGRAM OF WORK ACHIEVEING SUSTAINABLE DEVELOPMENT - CTE, CTD - REFORM OF SUBSIDIES - COOPERATION BETWEEN SECRETARIATS - ENVIRONMENTAL IMPACT ASSESSMENTS TO IDENTIFY LINKAGES AT THE NATIONAL LEVEL BENEFITS OF TRADE LIBERALISATION HUMAN RIGHTS, LABOUR STANDARDS, HEALTH PUBLIC - PRIVATE PARTNERSHIPS Similar system to that used by banks AIPs have national registries – duplicated/compatible Have different kinds of account – held by Party and LEs Can do transactions between a/cs – in or between registries Also a CDM registry on behalf of NAIPs for CDM needs, operated by the executive board EB issues CERs transfers of CERs to AIP registries Transaction log another computer which monitors transactions as they are proposed and implemented Unit held in only one account at a time 3 components of registry system need to be (a) electronic and (b) standardized sufficiently to be compatible

MEA AND WTO RELATIONSHIP PROMOTE MUTUAL SUPPORTIVENESS CONSISTENT WITH SUSTAINABLE DEVELOPMENT GOALS IN SUPPORT OF THE WORK PROGRAMME AGREED THROUGH WTO MAINTAINING THE INTEGRITY OF BOTH SETS OF INTRUMENTS

NEED FOR A WORK PROGRAMME [1] INTELLECTUAL PROPERTY RIGHTS REGIMES AND TECHNOLOGY TRANSFER PROVISIONS [2] DISPUTE SETTLEMENT, COMPLIANCE AND COP’S [3] ECONOMIC INSTRUMENTS [4] COMPETITIVENESS CONCERNS [5] EFFECTS OF MEASURES TAKEN UNDER MEA’S REACT TO BOTH WORK PROGRAMMES