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            | 2. The politics of
            "meaningful participation": how meaningful is meaningful?   A. Will the US ratify the protocol? India and China hold the key 
            In the pre- and post-Kyoto world one thing remains the same. According
            to US senators it will be countries like India, China and Mexico which will decide if the
            US will ratify the Kyoto Protocol. The US position has been carefully orchestrated that
            its action will be dependent on the action of developing countries. In the pre-Kyoto days,
            the US industry launched an advertising blitz to convince the public that a strong treaty
            on climate would, on one hand, increase the prices of everything  from oil to eggs
             and, on the other hand, developing countries like India, China and South Korea will
            get a free ride while US consumers will foot the bill. Industry stressed it would lose its
            competitive advantage.
            The US position has been
            carefully orchestrated to be dependent on the action of developing countries 
            This position became the
            pillar of US negotiations  and remains so. President Clinton clearly stated that his
            country will not agree to "binding obligations unless key developing countries
            meaningfully participated in this effort." 
            In July 1997, the US senate passed a 95-0
            non-binding Byrd-Hagel resolution which called on the president "not to sign any
            treaty or agreement in Kyoto unless two basic conditions were met. First, the resolution
            directed the president not to sign any treaty that placed legally binding obligations on
            the United States to limit or reduce greenhouse gas emissions unless the protocol or
            agreement also mandates new specific scheduled commitments to limit or reduce
            greenhouse gas emissions for developing country parties within the same compliance period.
            The second requirement of the resolution was that the president should not sign any treaty
            that would result in serious harm to the economy of the US." 
            This resolution continues to shape
            the US position. Responding to criticism by John Passacantando, director of an NGO called
            Ozone Action, Senators Robert Byrd, a Democrat and Chuck Hagel, a Republican, defended the
            role of the Senate in determining the US policy on climate change. "Our legislative
            branch is not meant to be a rubber stamp for our executive branch. The administration can
            negotiate but only the Senate can provide the consent necessary to give any treaty the
            force of law in the US." They insisted also that "the agreement reached in Kyoto
            does not meet either of the criteria laid out in the Byrd-Hagel resolution." And
            until the tests were met, the protocol should not be signed by the President3.
            What is now also evident is that the US negotiating
            position is crafted on this basis. Its first step was to ask for something vague and
            undefined as "meaningful participation from developing countries" so that the
            ball would move to developing countries to say what they could do and of course, the US
            could easily dismiss it as "not meaningful enough". If the US had proposed, most
            likely, everyone would have opposed. Therefore, it was best to leave it undefined, but
            threatening. The US strategy also included making it clear that it would walk out of the
            Kyoto protocol unless developing countries proposed actions that the US considered
            "meaningful". 
            Its second step was to get as good  or weak
             an agreement as possible in Kyoto, make it clear it was a partial solution and not
            try for ratification immediately.  
            And its third step was, or is, to
            use the threat of non-ratification and opposition from the Senate unless there is
            "meaningful participation" from the developing countries. On December 8, 1997
            Vice President Al Gore told a press conference in Kyoto that "in order to sign an
            agreement, or in order to send an agreement to the Senate, we must have meaningful
            participation by key developing countries." Gore stressed again at the end of Kyoto,
            "lets be clear, we will not submit this agreement for ratification until key
            developing nations participate in this effort."4
            The pressure on the developing countries will
            therefore mount as the worlds media targets their attention on their
            non-participation, which will be seen as holding up ratification by the US. Everyone knows
            that without the US, the Kyoto protocol is meaningless. And every effort will be made to
            bind the "reluctant" developing countries in the interest of "us all". 
            B. Clean Development Mechanism: inequity
            in dealings 
            Meaningful participation is being defined in many ways.
            Depending on the interests of the party involved.  One such approach is to
            use the Clean Development Mechanism (CDM) of the Kyoto Protocol.
            The Clean Development Mechanism is as unclear as it
            possibly is unclean. Southern governments that had staunchly opposed the Joint
            Implementation  project based investment to get carbon credits  accepted it
            simply because of a change of the name, from the hated Joint Implementation to a softer
            (more money-sounding) Clean Development Mechanism. It will be recalled that in its first
            incarnation, the Global Environment Facility was called the Clean Development Fund and it
            is quite possible that negotiators in Kyoto halls had wool pulled over their sleepy eyes.
            It is interesting that the CDM was proposed by Brazil, but as part of a comprehensive
            burden sharing strategy. But the present CDM, taken completely out of context, is only
            Joint Implementation and should be renamed as such.  
            The Clean Development
            Mechanism is as unclear as it is unclean 
            Take away the confusing words
            surrounding each sentence and what is left of this article 12 of the Kyoto Protocol:
            
              The purpose of CDM is not to help the South but
                explicitly to "assist" industrialised countries to meet their commitment to
                reduce emissions. Therefore, it is designed to help the rich and not the poor. Assisting
                the poor to achieve sustainable development is hogwash.  
                
              Under CDM, countries which have commitments to
                curtail their emissions can invest in projects in developing countries and will buy
                certified emission reduction. Or will get the credit for the saving in carbon
                dioxide emission in their own balance sheet. 
                
              CDM will be supervised by an executive board (EB).
                But as this is a market based instrument, the Board at best will have nominal role to
                play. 
                
              The saving in the emissions will be certified.
                This is a normal trading practice which allows the investor to get the best choice and
                promotes competition. Under the CDM, the Board will authorise numerous certification
                agencies that will assess the internal compliance and reporting mechanisms of the country
                selling the emission reduction units. The rating firms  like investment rating
                companies  will rate the "compliance capability" of developing countries.
                This will force the developing countries to compete with each other providing the rich
                North a cakewalk option; "cheapest, most efficient" portfolio of projects to
                invest in and take carbon credits for.  
                
              CDM will assist in providing funding. This is a
                clear example of putting in a few words to cajole and bribe the negotiators of the South.
                CDM is a clear market- based instrument. The North wants to buy and wants to pay as little
                as possible for it. It will invest in projects and will buy emission units. There is no
                additional aid or technology transfer which is promised. 
                
              CDM will allow the participation of private and
                public entities. Therefore, not just governments but also multinational corporations can
                enter into deals with Southern corporations to buy and sell their emission units. 
              
            
            The South must call a spade a spade and must develop
            its own positions in full knowledge of its own costs and benefits. The scramble for a
            piece of the brokerage  a percentage of the transactions costs has already begun and
            meetings are being held to convince the South to succumb to this temptation.  
            The US proposes to pay as
            little as US $14-23 per tonne for its emission credits. Their cost for domestic emission
            reduction would have been US $125 per tonne 
            Speaking at a recent meeting organised by the Delhi
            based Tata Energy Research Institute  interestingly sponsored by the JUSSCANNZ group
            of countries (Australia, Japan, Norway and United States) who have launched the Kyoto
            initiative to get developing countries to agree to commitments, John Palmisano, director,
            Environmental Policy and Compliance of Enron International said," CDM is the son of
            JI. For anyone shopping for cheap emission reduction options, the first option would be
            CDM  project investment in the South  then JI  project investment in
            Eastern Europe and Russia, and last would be to look at action to be undertaken
            domestically." 
            The key issue is price. What price would the South
            be paid for its emission units? The interest of the North is to buy these emissions as
            cheaply as possible. The US administrations calculations for its bill to meet the
            Kyoto commitments is "modest" according to its official position simply because
            it plans to buy as much as 93 per cent of its emission units at the cheapest cost in the
            market place. The US proposes to pay as little as US$ 14-23 per tonne for its emissions
            credits. The price the country would have to make for domestic emission reduction
            programme would be US$ 125 per tonne.  
            The interest is to bargain for the "cheapest
            and most efficient deal". One approach to get the best deal is to develop a portfolio
            approach which drives each project to compete against each other. Effectively leaving the
            buyer to pick and choose and arm twist for the best option. The World Banks
            Prototype Carbon Fund is one effort in this direction (see box). The Bank has received
            funding from a number of utility companies and Scandinavian governments to start
            developing a portfolio of projects from the South. The Bank expects to play the role of an
            "honest broker" in this trade. The Bank expects to get clearance from its own
            Executive Board for this proposal in early June and then plans a meeting with its
            investors in Helsinki to finalise the Fund.  
            
              
                World
                Bank: the honest broker in the business of selling emissions  | 
               
              
                The World Bank has a
                most ingenious proposal in which the Bank would buy and sell, as the most "honest
                broker", the rights of present and future generations of Indians and Africans and all
                other such poor nations to the common atmosphere. And would sell their rights so cheap
                that even the American Indians who sold New York for a few beads, or the Russians who sold
                Alaska for a song  would be rich in comparison. 
                The proposal is to set up
                "global markets for greenhouse gas investments": recently renamed as the
                Prototype Carbon Fund.  
                This idea has been around
                for some time under the name of Joint Implementation. The World Bank with its
                Carbon Fund is keen to join the ranks of a growing number of "honest brokers"
                who see lucrative deals to be made. The establishment of the prototype is scheduled for
                May 1998 with an initial commitment from utilities and oil companies like British
                Petroleum and a number of Scandinavian and European governments totally to US$ 100
                million. Five projects in Poland, Russia, Hungry, Latvia and Indonesia have been
                identified and are in the project pipeline. The price range is expected to be US$ 10-30
                per tonne of carbon. For instance, while the domestic abatement option for upgrading a gas
                fired plan in Norway costs US$ 60 per tonne, the cost of financing a technology switch for
                a low-efficiency coal power station in India is US$10/tonne of Carbon. The profit made by
                Norway would be US$ 50 per tonne.  
                The Bank has set up an
                investment fund to develop a number of projects with the potential for reducing global
                warming in countries which have a low contribution to the warming of the atmosphere. It
                would then sell these projects to prospective countries who are interested in reducing
                their greenhouse gas emission. This makes good economics for some, as cutting future
                carbon dioxide emissions in industrialised countries will be more expensive than cutting
                future carbon dioxide emissions in developing countries. This is because developing
                countries are using outdated technologies which are very energy inefficient, whereas
                developed countries are already using very energy efficient technologies. So if an
                industralised country wants to cut its carbon dioxide emissions it would financially
                assist, say India, to acquire more efficient power stations, but the credit for the saving
                in carbon dioxide emissions would go to the industialised country paying for the power
                station. It is similarly argued that developing countries can be given money to plant
                trees on a big scale to fix carbon dioxide, because it would be cheaper to plant trees in
                developing countries instead of developed countries.  
                Some call this  and
                the Bank clearly concurs  the win-win option. The industrialised world does not make
                "expensive" adjustments to its economy which would render its industries
                uncompetitive in the global market place and the developing world gets some money for
                reducing its emission. A perfect bargain in such an imperfect world ! Until you start
                asking questions. 
                Firstly, accepting this
                scheme would mean that the developing countries would use up their cheap options for
                reducing emissions and not even get the credit for it in the global balance sheet of
                emissions. But once they have reached high levels of energy efficiency, industrialised
                countries would have no economic incentive to invest in developing countries. They would
                rather invest in their own countries. And if global warming is still a threat  as it
                would be because industrialised countries have not taken any action at home  then
                there will be pressure on developing countries to cut back on carbon dioxide emissions on
                their own. And then the costs of cutting back on carbon dioxide emissions will be very
                high. So what will be the form of international cooperation then? 
                Secondly, what the
                Banks proposed investment scheme does  so brilliantly and so ingeniously
                 is to further reduce the cost for the industrialised world. It creates competition
                -- and forces developing countries to outbid each other to sell their rights to the
                atmosphere as cheaply as possible. The World Banks draft paper says this
                approach" would lower the costs of reducing global emissions substantially".
                What this means is that industrialised countries would be given on a platter, an option of
                schemes which allows them to pick the cheapest carbon dioxide reduction investment.  
                Thirdly, and most
                importantly, this so called buying and selling take place without any property rights
                framework which is so essential for market based systems. How can one determine a price or
                bargain for rights without any clearly defined entitlements to the property. The
                atmosphere is a global common. The developing countries are being asked to sell their
                resource in the absence of property rights  only a temporary and increasingly vague
                understanding that these are low emitting countries. How can the World Bank call this a
                "market framework" for investment? A market framework would mean that the quota
                 or entitlement of each country to the global atmosphere  is established. Then
                these entitlements which we believe should be fixed on a per capita basis, can be traded
                to allow low level polluters to sell their unused emissions with high level polluters.
                Without these entitlements, developing countries are mortgaging their future.  
                A leading US scientist has
                termed the overuse of emissions by the industrialised North as its "natural
                debt" to the world. Comparing it to the financial debt which cripples many Southern
                nations today, he says that the North has for its development borrowed  way beyond
                its share  from the natural capital of the world. The World Bank, in its
                magnanimity, would allow the North to write off this liability  without any interest
                 in this wonderful new scheme.  | 
               
             
            Interestingly, the
            Banks proposal has reportedly run into hot water with the US administration. The
            treasury  which coordinates the Banks activities has allegedly put on record
            that it is against any effort to increase the price of carbon units. Under the Banks
            proposal the industrialised countries would have to pay a nominally higher rate per tonne
            of carbon. This approach of the cost-plus is not favoured by the administration which
            would like the market- minus approach. And this when the price that is being discussed is
            only US$ 20-30 per tonne in the early years, stabilising to US$ 10 per tonne of carbon
            units bought.  
            It is vital for the South to understand the
            implications of this cost issue. It has to realise that the cheap option that it is
            offering the North today will be at a heavy cost to it in the future. Developing countries
            will use up their cheap options for reducing emissions and not even get credits for it in
            the global balance sheet. And when the South has reached high levels of energy efficiency
            and the cost of curtailing emissions will be high domestically, the North will have no
            economic incentive to invest in these countries. And if global warming is still a threat
             as it is most likely to be with the industrialised countries not taking any action
            domestically  then the pressure will mount on developing countries to take the tough
            expensive route. 
            The market is so distorted simply
            because it has no rights of property  of the sellers in this case. It is vital that
            a clear system of entitlements is set up so that the market can function with the property
            rights clearly defined and enunciated.   | 
           
          
             
             
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