Parties met this week in Bonn, Germany ahead of the Lima
conference, where a proposal put forward by New Zealand has been in
the spotlight.
What’s the proposal?
New Zealand proposes that countries each table a nationally determined
mitigation contribution, formalised in a national schedule. The
mitigation commitments will not be legally binding. The idea is that
ambition of mitigation commitments will be increased over time from
the beginning of the agreement until its purpose is achieved, subject
to force majeure.
Countries will have to provide information on measures that will
assist in the implementation of nationally determined mitigation
commitments, and report on progress towards achievement of the
commitment according to transparency arrangements agreed among the
Parties. There will be a common transparency framework applicable to
all parties.
The main argument for non-legally binding targets is that without the
fear of being held to international law, governments are more likely
to shoot for an ambitious emissions target. In addition, it is more
likely that countries such as the US will be able to ratify the
agreement if the targets are non binding.
Criticism
The proposal is not immune from criticism, however. Equity is a
sticking point in the talks, and groups such as the LDC insist that
developed countries must do more than developing nations, due to
historic responsibility. In particular, the notion of common but
differentiated responsibility, perhaps the most debated phrase in the
entire UNFCCC, can be interpreted to suggest that developed countries
and developing countries should be held to differing standards.
However, New Zealand argues that fairness is built into the structure
of the proposal because wealthy countries will necessarily take on
greater ambition than emerging and developing nations, even though all
will be held to the same standards.
Non-binding targets also raise concerns about lack of
accountability.The lack of any legal recourse could lead to a weak
agreement that will not deliver the required levels of emissions cuts.
This plan is backed by the US, but many developing countries are
advocating for an agreement in which only developed nations are
legally obligated to cut emissions. It remains to be seen how well it
will hold up to the level of scrutiny it is likely to receive in Bonn,
and, most likely, Lima.