Ecological Debt and Multilateral Environmental Agreements (MEAs) Jesse Lambrecht - Department of Public International Law (UGent)

Ecological Debt and Ecological Debt and Multilateral Environmental Multilateral Environmental

Agreements (MEAs)Agreements (MEAs)

Jesse Lambrecht - Department of Public International Law (UGent)Jesse Lambrecht - Department of Public International Law (UGent)

OutlineOutline

Research frameworkResearch frameworkLinks with MEAsLinks with MEAsObstacles Obstacles

Ecological Debt and Multilateral Environmental Agreements

Research framework (1)Research framework (1)

VLIR-BVO project: core research + VLIR-BVO project: core research + modular researchmodular research

Module 3:Module 3:MEAsMEAsJanuary – June 2004January – June 2004



Questions:Questions:““In what way can ecological debt be integrated?”In what way can ecological debt be integrated?”““What are the obstacles in present context?”What are the obstacles in present context?”““What kind of solutions might be found?”What kind of solutions might be found?”



Questions:Questions:“In what way can ecological debt be integrated?”“What are the obstacles in present context?”““What kind of solutions might be found?”What kind of solutions might be found?”


Working definitionWorking definition The ecological debt of country A consists of: The ecological debt of country A consists of:

1. The 1. The ecological damageecological damage caused over time by country A in caused over time by country A in other other countriescountries or in an or in an area under jurisdiction of another countryarea under jurisdiction of another country through its production and consumption patterns; and/or through its production and consumption patterns; and/or

2. T2. The he ecological damageecological damage caused over time by country A to caused over time by country A to ecosystems ecosystems beyond national jurisdictionbeyond national jurisdiction through its through its consumption and production patterns; and/or consumption and production patterns; and/or

3. 3. the the exploitationexploitation or or useuse of of ecosystemsecosystems and and ecosystem goods ecosystem goods and servicesand services over time by country A, at the expense of the over time by country A, at the expense of the equitable rightsequitable rights to these ecosystems and ecosystem goods and to these ecosystems and ecosystem goods and services by other countries or individualsservices by other countries or individuals..


OutlineOutline

Research frameworkResearch frameworkLinks with MEAsLinks with MEAsObstaclesObstacles


Links in existing MEAs (1)Links in existing MEAs (1) Examined MEAs:Examined MEAs:

United Nations Framework Convention on Climate Change United Nations Framework Convention on Climate Change (UNFCCC) & Kyoto Protocol(UNFCCC) & Kyoto Protocol

Convention on Biological Diversity (CBD) & Cartagena Convention on Biological Diversity (CBD) & Cartagena ProtocolProtocol

United Nations Convention to Combat Desertification United Nations Convention to Combat Desertification (UNCCD)(UNCCD)

Vienna Convention for the Protection of the Ozone Layer Vienna Convention for the Protection of the Ozone Layer (Vienna Convention) & Montreal Protocol(Vienna Convention) & Montreal Protocol

Convention concerning the Protection of the World Cultural Convention concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention)and Natural Heritage (World Heritage Convention)


Links in existing MEAs (2)Links in existing MEAs (2)

No direct referenceNo direct referenceLinks: ‘indirect’ referenceLinks: ‘indirect’ reference

Principle of intra- and intergenerational equityPrinciple of intra- and intergenerational equity Principle of common but differentiated responsibilitiesPrinciple of common but differentiated responsibilities Adaptation Fund (Kyoto Protocol)Adaptation Fund (Kyoto Protocol) Equitable Benefit Sharing (CBD)Equitable Benefit Sharing (CBD)


Principle of intra- and intergenerational Principle of intra- and intergenerational equity:equity: Principle 3, Rio DeclarationPrinciple 3, Rio Declaration Protecting the environment for Protecting the environment for presentpresent and and futurefuture

generationsgenerations Several MEAs: Several MEAs: UNFCCC (Preamble, art. 3(1)); CBD (Preamble, UNFCCC (Preamble, art. 3(1)); CBD (Preamble,

art. 2); UNCCD (Preamble) art. 2); UNCCD (Preamble)


Principle of common but differentiated Principle of common but differentiated responsibilities:responsibilities: Principle 7, Rio DeclarationPrinciple 7, Rio Declaration Global environmental problemsGlobal environmental problems Developed countries have different (= Developed countries have different (= largerlarger) )

responsibilityresponsibility Several MEAs: Several MEAs: UNFCCC (art. 3(1), 4(1)); Kyoto Protocol (art. 10, UNFCCC (art. 3(1), 4(1)); Kyoto Protocol (art. 10,

art. 13 (4), c and d); Montreal Protocol (art. 5) ...art. 13 (4), c and d); Montreal Protocol (art. 5) ...


Adaptation Fund (Kyoto Protocol):Adaptation Fund (Kyoto Protocol): BackgroundBackground ° 2001 - not yet operational° 2001 - not yet operational Finance implementation of concrete adaptation Finance implementation of concrete adaptation

projects and programmesprojects and programmes Generated by 2% share of proceeds on CDM project Generated by 2% share of proceeds on CDM project

activities + additional fundingactivities + additional funding Special Climate Change Fund, Special Climate Change Fund, Least Developed Least Developed

Countries FundCountries Fund


Equitable Benefit Sharing (CBD):Equitable Benefit Sharing (CBD): Art. 15 (7) and 19 (1) & (2) CBD: Fair sharing of Art. 15 (7) and 19 (1) & (2) CBD: Fair sharing of

benefitsbenefits arising from the use of arising from the use of geneticgenetic resources resources Biodiversity Prospecting AgreementsBiodiversity Prospecting Agreements No other links concerning use of natural resources No other links concerning use of natural resources

with equitable compensationwith equitable compensation


Other links (1)Other links (1)

The Brazilian Proposal:The Brazilian Proposal: UNFCCC + ‘legal instrument’UNFCCC + ‘legal instrument’ Use of an agreed simple climate modelUse of an agreed simple climate model GHG emission reductions of industrialised countries GHG emission reductions of industrialised countries

based on contribution to temp. increase on earth, based on contribution to temp. increase on earth, notnot on current emissionson current emissions

Historical responsibilityHistorical responsibility Keeps turning up in negotiationsKeeps turning up in negotiations


Other links (2)Other links (2)

Statements:Statements: Build up to WSSDBuild up to WSSD Backed by studies?Backed by studies?


OutlineOutline

Research frameworkResearch frameworkLinks with MEAsLinks with MEAsObstaclesObstacles


ObstaclesObstacles

Sovereign rights of states:Sovereign rights of states: Basic principle in International LawBasic principle in International Law Principle 21 Stockholm Declaration: balancing?Principle 21 Stockholm Declaration: balancing? International Seabed AuthorityInternational Seabed Authority

Most links are future-orientatedMost links are future-orientatedUse of natural resources with equitable Use of natural resources with equitable

compensation?compensation?


Final remarksFinal remarks

Module Energy / Climate: Module Energy / Climate: certain basis in MEAscertain basis in MEAs

Module Agriculture / Food supply: Module Agriculture / Food supply: basis less basis less

evidentevident Need for further researchNeed for further research


Documents

Ecological Debt and Multilateral Environmental Agreements (MEAs) Jesse Lambrecht - Department of Public International Law (UGent)