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The POLITICS of The POLITICS of CLIMATE CHANGE CLIMATE CHANGE SPRING, 2005 SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN JULIE TREPECK AND LEAH TRACHTMAN [email protected] [email protected] [email protected] [email protected]

The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN [email protected]@kentlaw.edu

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Page 1: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

The POLITICS of The POLITICS of CLIMATE CHANGECLIMATE CHANGE

SPRING, 2005SPRING, 2005

CHICAGO-KENT COLLEGE OF LAWCHICAGO-KENT COLLEGE OF LAW

JULIE TREPECK AND LEAH TRACHTMANJULIE TREPECK AND LEAH TRACHTMAN

[email protected]@kentlaw.edu

[email protected]@kentlaw.edu

Page 2: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

Today’s DiscussionToday’s Discussion

I. Defining PoliticsI. Defining Politics

II. Introduction to the Climate Change II. Introduction to the Climate Change IssueIssue

III. Taking a Political Approach to the III. Taking a Political Approach to the IssueIssue

IV. What has been done so farIV. What has been done so far

V. What can we do? Where are we left?V. What can we do? Where are we left?

Page 3: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

What is POLITICS?What is POLITICS?

• The art or science The art or science of government or of government or governing, governing, especially the especially the governing of a governing of a political entity, political entity, such as a nation, such as a nation, and the and the administration and administration and control of its control of its internal and internal and external affairsexternal affairs

• The methods or The methods or tactics involved in tactics involved in managing a state managing a state or governmentor government

• The activities or The activities or affairs engaged in affairs engaged in by a government, by a government, politician, political politician, political party, or a citizen party, or a citizen of that governmentof that government

Page 4: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

All these various definitions All these various definitions of “politics” are applicable of “politics” are applicable

when discussing the politics when discussing the politics of climate change, relating of climate change, relating to both the problems and to both the problems and issues various nations are issues various nations are having with each other, as having with each other, as

well as within each well as within each individual countryindividual country

Page 5: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

IMPORTANT THINGS TO KNOW IMPORTANT THINGS TO KNOW BEFORE WE CAN DISCUSS THE BEFORE WE CAN DISCUSS THE POLITICS INVOLVED:POLITICS INVOLVED:• There is a clear correlation between the global temperature There is a clear correlation between the global temperature

and atmospheric carbon dioxide (CO2)and atmospheric carbon dioxide (CO2)

• When the CO2 suddenly rises then the temperature also When the CO2 suddenly rises then the temperature also suddenly risessuddenly rises

• But … the temperature lags behind the CO2 rise due to the But … the temperature lags behind the CO2 rise due to the large capacity of the oceanslarge capacity of the oceans

• Therefore, even if we stabilize greenhouse gas Therefore, even if we stabilize greenhouse gas concentrations in the atmosphere now, the temperature concentrations in the atmosphere now, the temperature would continue to rise for several decadeswould continue to rise for several decades

• Since the effects of change would not be seen for years to Since the effects of change would not be seen for years to come, people believe that the sense of urgency for this come, people believe that the sense of urgency for this issue can be put on holdissue can be put on hold

Page 6: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

BUT… BUT… There is a sense of There is a sense of urgency!!!urgency!!!

THINK ABOUT IT THIS WAY:THINK ABOUT IT THIS WAY: The Intergovernmental Panel of The Intergovernmental Panel of

Climate Change (IPCC) predicts that by Climate Change (IPCC) predicts that by 2050 over 100,000,000 peoples’ homes 2050 over 100,000,000 peoples’ homes across the world will be under the seaacross the world will be under the sea

And “the effect of greenhouse gases And “the effect of greenhouse gases was ‘the most obvious explanation for was ‘the most obvious explanation for [global] warming . . . since 1950.’”[global] warming . . . since 1950.’”

Page 7: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

THE SCALE OF THE THE SCALE OF THE PROBLEMPROBLEM

around 0.5 billion tons may be taken upby increased growth of

northern temperate forests

about 2 billion tonsenters the

ocean

about 3.5 billion tons remains in atmosphere

*each year about 6 billion tons of carbon

is emitted to the atmosphere as CO2 from the burning of fossil fuels

• Therefore, if we wish to Therefore, if we wish to stabilize the CO2 stabilize the CO2 concentrations at the concentrations at the current level, then we current level, then we need to stop emitting need to stop emitting 3.5 billion tons which 3.5 billion tons which we currently we currently accumulate in the accumulate in the atmosphere each year, atmosphere each year, which means an which means an immediate 60% cut in immediate 60% cut in emissionsemissions

Page 8: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

The Scale of the Problem The Scale of the Problem (con’t.)(con’t.)

• There are 6 billion people in the worldThere are 6 billion people in the world

• Currently, we each emit, on average 1 Currently, we each emit, on average 1 ton per person per yearton per person per year

• Each person needs to reduce this Each person needs to reduce this emission to 0.4 per year to reach a emission to 0.4 per year to reach a 60% cut60% cut

Page 9: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

WHAT COULD HAPPENWHAT COULD HAPPENIF WE DON’T ACTIF WE DON’T ACT

• Frequent and severe droughtsFrequent and severe droughts• BushfiresBushfires• More stormsMore storms• Rising ocean levelsRising ocean levels• Ant invasionsAnt invasions• Hotter weatherHotter weather• Dust stormsDust storms• More frequent floodsMore frequent floods• Rising temperaturesRising temperatures• Deteriorating water quality from evaporationDeteriorating water quality from evaporation

““Climate change [is] a deadly threat and the most Climate change [is] a deadly threat and the most serious environmental issue facing the world.”serious environmental issue facing the world.”

Page 10: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

So….WHAT DO WE DO?So….WHAT DO WE DO?

One answer:One answer:

Take a POLITICAL APPROACHTake a POLITICAL APPROACH

to this social and political to this social and political issueissue

Page 11: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

This is not a partisan issue This is not a partisan issue and does not lie along party and does not lie along party lines, so it is a different kind lines, so it is a different kind of political stalemate than of political stalemate than we see with other political we see with other political

and social issues!and social issues!

Page 12: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

THE PARTIES TO THIS ISSUETHE PARTIES TO THIS ISSUEold vs. newold vs. new

status quo vs. changestatus quo vs. changedo nothing vs. acting decisively and nowdo nothing vs. acting decisively and now

OPPONENTSOPPONENTS• These people have a bad These people have a bad

reaction to any kind of reaction to any kind of environmental regulationenvironmental regulation

• Believe that any kind of Believe that any kind of national or global response to national or global response to this issue is a lost causethis issue is a lost cause

• All kinds of people are in this All kinds of people are in this group, even our elected leaders group, even our elected leaders and representatives in our own and representatives in our own White House and Congresses White House and Congresses (state and national)(state and national)

• These are people who perceive These are people who perceive that their economic and that their economic and political interests would be political interests would be threatened if we were to threatened if we were to address this issue in a address this issue in a substantive way (ie. companies substantive way (ie. companies and industry sectors who are and industry sectors who are wrapped up in the status quo)wrapped up in the status quo)

PROPONENTSPROPONENTS

• Believe we need to take this Believe we need to take this issue seriously and move issue seriously and move forwardforward

• Alarmed about the science, Alarmed about the science, implications, and dangers of a implications, and dangers of a warming worldwarming world

• Believe there are real Believe there are real opportunities for individuals, opportunities for individuals, companies, and the nation as companies, and the nation as whole to develop, sell, and whole to develop, sell, and use new technologies that will use new technologies that will protect the global climateprotect the global climate

• Bi-partisan elected leaders Bi-partisan elected leaders who are committed to climate who are committed to climate solutionssolutions

Page 13: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

THE POLITICAL PROBLEMSTHE POLITICAL PROBLEMS• The fear is that these 2 major parties, which are torn and arguing The fear is that these 2 major parties, which are torn and arguing

between conflicting political imperatives, will still be fighting and between conflicting political imperatives, will still be fighting and trying to resolve the conflict when the sky is burningtrying to resolve the conflict when the sky is burning

• The stakes are enormously high, but we are talking about the The stakes are enormously high, but we are talking about the kind of world we want to live in one day and leave for future kind of world we want to live in one day and leave for future generationsgenerations

• The The critical stumbling blockcritical stumbling block is that the parties have not agreed to is that the parties have not agreed to any long-term target for atmospheric greenhouse gas any long-term target for atmospheric greenhouse gas concentrations or any fundamental principle by which to allocate concentrations or any fundamental principle by which to allocate future quotas between countriesfuture quotas between countries

• Although agreements are signed, little time is spent focusing on Although agreements are signed, little time is spent focusing on climate.climate.

• Those who are Those who are for change and doing something now to fix this for change and doing something now to fix this problem problem are feware few

• People sent to conventions to develop new protocols and People sent to conventions to develop new protocols and agreements know little about climate and tend to lose sight of agreements know little about climate and tend to lose sight of the real issues behind legal and political stalematesthe real issues behind legal and political stalemates

**By facing the political standstill we can avoid **By facing the political standstill we can avoid environmental impacts that environmental impacts that will bewill be catastrophic ** catastrophic **

Page 14: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

SO……WHAT DO WE DO SO……WHAT DO WE DO BEFORE TIME RUNS OUT?BEFORE TIME RUNS OUT?

WE NEED TO WE NEED TO MOBILIZE MOBILIZE MORE PEOPLE TO THE SIDE MORE PEOPLE TO THE SIDE OF CHANGE AND EDUCATE OF CHANGE AND EDUCATE

PEOPLE ABOUT WHAT PEOPLE ABOUT WHAT COULD HAPPEN IF WE DO COULD HAPPEN IF WE DO

NOT ACT NOWNOT ACT NOW

Page 15: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

WHAT HAS BEEN DONE SO WHAT HAS BEEN DONE SO FARFAR

19921992

• United Nations Framework Convention on United Nations Framework Convention on Climate ChangeClimate Change

– Created at the Earth Summit at Rio de JaneiroCreated at the Earth Summit at Rio de Janeiro– Key aim: “To stabilize concentrations of greenhouse Key aim: “To stabilize concentrations of greenhouse

gases in the atmosphere at levels which would gases in the atmosphere at levels which would prevent dangerous anthropogenic interference in the prevent dangerous anthropogenic interference in the climate system.”climate system.”

– However, the problem remained that there is much However, the problem remained that there is much confusion as to what these levels should exactly beconfusion as to what these levels should exactly be

– Industrialized countries were encouraged to stabilize Industrialized countries were encouraged to stabilize their emissions at 1990 levels by the year 2000their emissions at 1990 levels by the year 2000

Page 16: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

WHAT’S BEEN DONE (con’t.)WHAT’S BEEN DONE (con’t.)19951995• Conference of the Parties 1 (COP1) Conference of the Parties 1 (COP1) [began a long and [began a long and

ongoing process where conferences were held and each one is ongoing process where conferences were held and each one is where nations meet to evaluate the accords and compliance with where nations meet to evaluate the accords and compliance with meeting emissions reduction targets]meeting emissions reduction targets]– Held in BerlinHeld in Berlin– Agreed to the Berlin MandateAgreed to the Berlin Mandate

• This required industrialized countries to commit to legally This required industrialized countries to commit to legally binding targets to reduce their own greenhouse gas binding targets to reduce their own greenhouse gas emissions by a 3emissions by a 3rdrd conference conference

• No commitments were made by developing countriesNo commitments were made by developing countries

19961996• Conference of the Parties 2 (COP2)Conference of the Parties 2 (COP2)

– Held in GenevaHeld in Geneva– Little significant agreements were madeLittle significant agreements were made

Page 17: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

WHAT’S BEEN DONE (con’t.)WHAT’S BEEN DONE (con’t.)July 1997July 1997

• Byrd-Hagel ResolutionByrd-Hagel Resolution – U.S. Senate passed a resolution that it would not agree to U.S. Senate passed a resolution that it would not agree to

anything (1) that would harm the U.S. economy, and (2) anything (1) that would harm the U.S. economy, and (2) that did not include meaningful commitments from that did not include meaningful commitments from developing countriesdeveloping countries

• Passed 95 to 0Passed 95 to 0• Operated under the assumption that a global problem requires Operated under the assumption that a global problem requires

a global solutiona global solution• Believed that greenhouse gas emissions of developing Believed that greenhouse gas emissions of developing

countries were rapidly increasing and were expected to countries were rapidly increasing and were expected to surpass emission of the U.S. and other industrialized countries, surpass emission of the U.S. and other industrialized countries, as early as 2015as early as 2015

• Believed that not including developing countries in agreements Believed that not including developing countries in agreements would harm the U.S. economy, including significant job losses, would harm the U.S. economy, including significant job losses, trade disadvantages, and increased energy and consumer trade disadvantages, and increased energy and consumer costscosts

Page 18: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

WHAT’S BEEN DONE (con’t.)WHAT’S BEEN DONE (con’t.)December 1997December 1997• Conference of the Parties 3 (COP3)Conference of the Parties 3 (COP3)

– Held in KyotoHeld in Kyoto– Kyoto Protocol was developed at this ConferenceKyoto Protocol was developed at this Conference

• An international and legally binding agreement to reduce An international and legally binding agreement to reduce greenhouse gases emissions world widegreenhouse gases emissions world wide

• Excluded developing nations from any commitmentsExcluded developing nations from any commitments• Clinton Administration, even after its Byrd-Hagel Clinton Administration, even after its Byrd-Hagel

Resolution, went ahead and negotiated and signed the Resolution, went ahead and negotiated and signed the Kyoto Protocol; however, it was never submitted to the Kyoto Protocol; however, it was never submitted to the Senate for ratificationSenate for ratification

• Kyoto did not amount to much in terms of achieving Kyoto did not amount to much in terms of achieving significant reductions in global emissions, but it sends the significant reductions in global emissions, but it sends the clearest signal yet that much of the world, except the U.S., clearest signal yet that much of the world, except the U.S., had moved toward the side of the proponents for change had moved toward the side of the proponents for change and taking action to avoid the disasters in our future due to and taking action to avoid the disasters in our future due to climate changeclimate change

Page 19: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

WHAT’S BEEN DONE (con’t.)WHAT’S BEEN DONE (con’t.)November 1998November 1998

• Conference of the Parties 4 (COP4)Conference of the Parties 4 (COP4)– Held in Buenos AiresHeld in Buenos Aires– Agreed on a plan of action to follow up on the Agreed on a plan of action to follow up on the

Kyoto Protocol, including processes for Kyoto Protocol, including processes for stimulating technology transferstimulating technology transfer

19991999

• Conference of the Parties 5 (COP5)Conference of the Parties 5 (COP5)– Held in Bonn, GermanyHeld in Bonn, Germany– Further progression on implementing the Kyoto Further progression on implementing the Kyoto

Protocol and to make it more achievable and Protocol and to make it more achievable and practicalpractical

Page 20: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

WHAT’S BEEN DONE (con’t.)WHAT’S BEEN DONE (con’t.)20002000

• Conference of the Parties 6 (COP6)Conference of the Parties 6 (COP6)– Held at the Hague, NetherlandsHeld at the Hague, Netherlands– Intention was to wrap up the last 3 years of Intention was to wrap up the last 3 years of

negotiations on the implementation of the Kyoto negotiations on the implementation of the Kyoto ProtocolProtocol

– Talks here collapsed due to unreasonable Talks here collapsed due to unreasonable demands made by the U.S. and its unwillingness demands made by the U.S. and its unwillingness to compromiseto compromise

– European countries held strong in their insistence European countries held strong in their insistence that the U.S. not get special treatmentthat the U.S. not get special treatment

– Once again, nothing was demanded of developing Once again, nothing was demanded of developing countriescountries

Page 21: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

WHAT’S BEEN DONE (con’t.)WHAT’S BEEN DONE (con’t.)20012001

• Conference of the Parties 7 (COP7)Conference of the Parties 7 (COP7)– Held in Marrakesh, MoroccoHeld in Marrakesh, Morocco– Focus of this meeting was to agree to the legal Focus of this meeting was to agree to the legal

text covering the outstanding technical aspects text covering the outstanding technical aspects of the political agreement reached in Bonn of the political agreement reached in Bonn earlier this year, which concerned how to earlier this year, which concerned how to legally implement the Kyoto Protocollegally implement the Kyoto Protocol

– This Conference ended with an agreement on This Conference ended with an agreement on how to enforce the Kyoto Protocol on tackling how to enforce the Kyoto Protocol on tackling climate changeclimate change

– The U.S. was not present at this conferenceThe U.S. was not present at this conference

Page 22: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

WHAT’S BEEN DONE (con’t.)WHAT’S BEEN DONE (con’t.)20022002• Conference of the Parties 8 (COP8)Conference of the Parties 8 (COP8)

– Held in New DelhiHeld in New Delhi– A common theme from this round of negotiations A common theme from this round of negotiations

involved many wealthier nations trying to push the idea involved many wealthier nations trying to push the idea of developing countries having to commit to reduction of developing countries having to commit to reduction targets as welltargets as well““As with previous climate change negotiations, political As with previous climate change negotiations, political

agendas and interests have appeared to prevent much agendas and interests have appeared to prevent much of substance coming from this convention”of substance coming from this convention”

December 2003December 2003• Conference of the Parties 9 (COP9)Conference of the Parties 9 (COP9)

– Held in MilanHeld in Milan– Here, an agreement was reached on definitions and Here, an agreement was reached on definitions and

methodologies for forest management projects with methodologies for forest management projects with these as a focus of this meetingthese as a focus of this meeting

– At this conference, solutions were found to some of the At this conference, solutions were found to some of the issues which had been in discussion and on the table for issues which had been in discussion and on the table for a long timea long time

Page 23: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

WHAT’S BEEN DONE (con’t.)WHAT’S BEEN DONE (con’t.)

20042004• Conference of the Parties 10 (COP10)Conference of the Parties 10 (COP10)

– Held in Buenos AiresHeld in Buenos Aires– This marked the 10This marked the 10thth anniversary of the United Nations anniversary of the United Nations

Framework Convention on Climate Change coming into Framework Convention on Climate Change coming into forceforce

– Discussions here included a variety of climate related Discussions here included a variety of climate related issues, including:issues, including:• Impacts of climate change and adaptation measuresImpacts of climate change and adaptation measures• Mitigation policies and their related impactsMitigation policies and their related impacts• Technology measuresTechnology measures• Entry into forcing the provision of the Kyoto ProtocolEntry into forcing the provision of the Kyoto Protocol

– Attempted discussions for a plan for what would be done Attempted discussions for a plan for what would be done beyond 2012, which is when the Kyoto Protocol is set to be beyond 2012, which is when the Kyoto Protocol is set to be implementedimplemented• In post-Kyoto discussions developing nations worried that they In post-Kyoto discussions developing nations worried that they

would be forced to reduced emissionswould be forced to reduced emissions

Page 24: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

WHAT’S BEEN DONE (con’t.)WHAT’S BEEN DONE (con’t.)20042004• Conference of the Parties 10 (COP10) (Cont’d)Conference of the Parties 10 (COP10) (Cont’d)

– Here, yet another meeting ended where much was Here, yet another meeting ended where much was said but very little was agreed uponsaid but very little was agreed upon

– Some of the most powerful nations pushed only for Some of the most powerful nations pushed only for their own interests and others are attempting to their own interests and others are attempting to stifle or weaken climate change actionsstifle or weaken climate change actions

– Even the European Union who have pushed for Even the European Union who have pushed for action more than most are finding that their action more than most are finding that their emissions are increasing rather than decreasingemissions are increasing rather than decreasing

THE PROBLEM?THE PROBLEM?THIS IS THE STATE OF AFFAIRS WE ARE LEFT WITH THIS IS THE STATE OF AFFAIRS WE ARE LEFT WITH

TODAYTODAY

Page 25: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

More about the Kyoto Protocol More about the Kyoto Protocol as it stands today:as it stands today:

• These guidelines are not merely a set of These guidelines are not merely a set of short term emission targets for the short term emission targets for the industrialized countries of the worldindustrialized countries of the world

• This is a This is a global agreementglobal agreement that lays out that lays out an exact framework for how to negotiate an exact framework for how to negotiate future commitments to addressing the future commitments to addressing the challenges of climate changechallenges of climate change

• This Protocol is intended to stretch over This Protocol is intended to stretch over the course of this entire century, or until the course of this entire century, or until the grave problem of climate change is the grave problem of climate change is resolvedresolved

Page 26: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

In short…In short…

• Even with all of this being done, climate change still Even with all of this being done, climate change still remains unquestionably the most urgent environmental remains unquestionably the most urgent environmental challenge in the short term and the long termchallenge in the short term and the long term

• The convention process identified actions to address The convention process identified actions to address climate change mitigationclimate change mitigation

• Kyoto Protocol was the only concrete multilateral Kyoto Protocol was the only concrete multilateral instrument, however, for combating the Greenhouse Effectinstrument, however, for combating the Greenhouse Effect

• While the Kyoto Protocol was a significant achievement, it is While the Kyoto Protocol was a significant achievement, it is just the first step in a long process to get the whole world just the first step in a long process to get the whole world involved in this global-political problem before it is too lateinvolved in this global-political problem before it is too late

Therefore, the only conclusion to draw from all of this that we Therefore, the only conclusion to draw from all of this that we need further actions to be taken!need further actions to be taken!

Page 27: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

What should we do?What should we do?

MOST IMPORTANTLY, WE NEED TO MOST IMPORTANTLY, WE NEED TO GET THE UNITED STATES GET THE UNITED STATES GOVERNMENT MORE INVOLVED GOVERNMENT MORE INVOLVED WITH THE REST OF THE WORLD WITH THE REST OF THE WORLD AND ACTIVE IN COMMITING TO AND ACTIVE IN COMMITING TO REDUCING EMISSIONS AND REDUCING EMISSIONS AND ADAPTING TO CURRENT ADAPTING TO CURRENT CONDITIONS REGARDING THE CONDITIONS REGARDING THE ISSUE OF CLIMATE CHANGEISSUE OF CLIMATE CHANGE

Page 28: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

Is change on the horizon?Is change on the horizon?

• THE POLITICAL OUTLOOK IN THE U.S. REGARDING CLIMATE THE POLITICAL OUTLOOK IN THE U.S. REGARDING CLIMATE CHANGE POLICY HAS SLOWLY BEGUN TO CHANGECHANGE POLICY HAS SLOWLY BEGUN TO CHANGE

• THE PUBLIC SUPPORT FOR THE U.S. GOVERNMENT TO THE PUBLIC SUPPORT FOR THE U.S. GOVERNMENT TO PARTICIPATE TO CONTROL CLIMATE CHANGE HAS GROWN PARTICIPATE TO CONTROL CLIMATE CHANGE HAS GROWN CONSIDERABLE SINCE PLANS INITIALLY BEGANCONSIDERABLE SINCE PLANS INITIALLY BEGAN

• IRONICALLY, HOWEVER, PUBLIC SUPPORT FOR THE U.S. TO IRONICALLY, HOWEVER, PUBLIC SUPPORT FOR THE U.S. TO GET INVOLVED IN THE INTERNATIONAL EFFORT TO GET INVOLVED IN THE INTERNATIONAL EFFORT TO CONTROL CLIMATE CHANGE HAS BECOME MORE CONTROL CLIMATE CHANGE HAS BECOME MORE PREVALENT SINCE BUSH’S DECISION TO OPPOSE THE PREVALENT SINCE BUSH’S DECISION TO OPPOSE THE KYOTO PROTOCOLKYOTO PROTOCOL

• But…WHILE WE CAN SIT HERE AND RECOGNIZE U.S. But…WHILE WE CAN SIT HERE AND RECOGNIZE U.S. EFFORTS AND PRAISE THEM FOR WHAT THEY HAVE DONE EFFORTS AND PRAISE THEM FOR WHAT THEY HAVE DONE ALREADY, WHAT THE U.S. LEADERSHIP NEEDS TO REALIZE ALREADY, WHAT THE U.S. LEADERSHIP NEEDS TO REALIZE IS THAT IT SIMPLY HAS NOT DONE ENOUGH AND IT HAS IS THAT IT SIMPLY HAS NOT DONE ENOUGH AND IT HAS NOT COME CLOSE TO THE ACTIONS MADE BY OTHER NOT COME CLOSE TO THE ACTIONS MADE BY OTHER NATIONSNATIONS

Page 29: The POLITICS of CLIMATE CHANGE SPRING, 2005 CHICAGO-KENT COLLEGE OF LAW JULIE TREPECK AND LEAH TRACHTMAN jtrepeck@kentlaw.edultrachtman@kentlaw.edu

Involving the U.S. in the Kyoto ProtocolInvolving the U.S. in the Kyoto Protocol

• Ultimately, the U.S. must be involved in any Ultimately, the U.S. must be involved in any international attempt or solution to the problem international attempt or solution to the problem of climate change; however, this does not mean of climate change; however, this does not mean that the other countries involved in the Protocol that the other countries involved in the Protocol should not move forward with their attempts and should not move forward with their attempts and plans for changeplans for change

• While the Bush Administration appears to stay While the Bush Administration appears to stay away from the international effort to control away from the international effort to control climate change, by the EU and other climate change, by the EU and other industrialized countries moving forward this is the industrialized countries moving forward this is the best way to enhance and demand future best way to enhance and demand future participation from the U.S.participation from the U.S.

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Q: What can international Q: What can international politics do to get the U.S. politics do to get the U.S. involved?involved?

A: Continue to move forward A: Continue to move forward with the Kyoto Protocolwith the Kyoto Protocol

WHY?WHY?

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Reason 1:Reason 1:

If the EU and other industrialized countries If the EU and other industrialized countries that are already involved in the Protocol that are already involved in the Protocol were to abandon their plans it will just were to abandon their plans it will just validate the U.S. government’s argument validate the U.S. government’s argument that the rest of the world is not committed that the rest of the world is not committed to reducing emissions in order to control to reducing emissions in order to control climate change and the disasters that will climate change and the disasters that will result. The leadership shown by moving result. The leadership shown by moving forward and continuing to implement forward and continuing to implement Kyoto will demonstrate to the U.S. that it is Kyoto will demonstrate to the U.S. that it is lagging behind in a very important lagging behind in a very important international-political effortinternational-political effort

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Reason 2:Reason 2:

Other countries can lead by example Other countries can lead by example and show the U.S. that emissions and show the U.S. that emissions reductions are economically possible reductions are economically possible and feasible, as well as also being and feasible, as well as also being beneficial; this will counter the U.S. beneficial; this will counter the U.S. argument that emissions reductions argument that emissions reductions involve unacceptably high costs and involve unacceptably high costs and could lead to an economic breakdowncould lead to an economic breakdown

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Reason 3:Reason 3:

• In implementing Kyoto, the countries In implementing Kyoto, the countries involved will have to develop new involved will have to develop new technology in order to reduce technology in order to reduce emissions; this new technology will emissions; this new technology will inevitably spill over to the U.S. and the inevitably spill over to the U.S. and the U.S. will see that reducing emissions U.S. will see that reducing emissions and making changes are technically and making changes are technically feasible and perhaps even less costly feasible and perhaps even less costly than the U.S. anticipatesthan the U.S. anticipates

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Reason 4:Reason 4:

• The technological developments involved in The technological developments involved in implementing the Protocol could give implementing the Protocol could give relevant areas of industry an advantage relevant areas of industry an advantage over countries that are being less efficientover countries that are being less efficient

• If the countries that are working to reduce If the countries that are working to reduce emissions were able to become more emissions were able to become more economically efficient through their economically efficient through their emission reduction, the U.S. would be emission reduction, the U.S. would be encouraged to become involved and encouraged to become involved and simultaneously weaken their economic simultaneously weaken their economic argument for non-involvementargument for non-involvement

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Reason 5:Reason 5:

• With the implementation of the Kyoto With the implementation of the Kyoto Protocol, an international emissions Protocol, an international emissions trading market will develop, which will trading market will develop, which will thus create an entirely new area of thus create an entirely new area of business opportunitiesbusiness opportunities

• But, to reap the benefits of these But, to reap the benefits of these opportunities, the U.S. must become a opportunities, the U.S. must become a party and join in the international effortparty and join in the international effort

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Q: What can YOU do on a Q: What can YOU do on a personal level to get the personal level to get the U.S. more involved? U.S. more involved?

A: Take Action, use our A: Take Action, use our political processes, and political processes, and realize that EACH PERSON realize that EACH PERSON can make a real difference can make a real difference in the fight against climate in the fight against climate changechange

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What does this What does this mean? mean? What should What should

WE do?WE do?

• Tackle the problem on all different levels:Tackle the problem on all different levels:– Nation by Nation Nation by Nation (including unification of emissions standards)(including unification of emissions standards)

– State by StateState by State– City by CityCity by City– Business by BusinessBusiness by Business– Person by PersonPerson by Person

While it is hard to mobilize the United States in the international While it is hard to mobilize the United States in the international realm, there is much we can do within our own nation to force realm, there is much we can do within our own nation to force

involvement by the U.S.involvement by the U.S.

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Mobilization of BusinessesMobilization of Businesses• Working hard to educate businesses of the Working hard to educate businesses of the

advantages of fighting climate change is one of the advantages of fighting climate change is one of the most important and influential groups to targetmost important and influential groups to target

• The business lobby in USA is extremely powerful The business lobby in USA is extremely powerful and it is afraid of the economic ramifications of the and it is afraid of the economic ramifications of the Kyoto ProtocolKyoto Protocol

• Global Climate Coalition = a group of large Global Climate Coalition = a group of large businesses concerned at their bottom line if the businesses concerned at their bottom line if the Kyoto Protocol was signed Kyoto Protocol was signed

• There were huge propaganda events and There were huge propaganda events and advertisements by Congress; BUT, since this is who advertisements by Congress; BUT, since this is who Congress hears from, this is who Congress backs Congress hears from, this is who Congress backs and believes it must followand believes it must follow

• This only makes it harder for Washington to sign This only makes it harder for Washington to sign any Agreements or treaties, such as the Kyoto any Agreements or treaties, such as the Kyoto ProtocolProtocol

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Mobilization of Businesses Mobilization of Businesses (Con’t.)(Con’t.)

• We need to encourage companies that We need to encourage companies that membership in the Global Climate Coalition can membership in the Global Climate Coalition can ruin their image among its consumers as it works ruin their image among its consumers as it works against what consumers want; but we have to against what consumers want; but we have to make it clear to businesses that what we want is make it clear to businesses that what we want is change to fix this critical problemchange to fix this critical problem

• Businesses need to be encouraged to adapt their Businesses need to be encouraged to adapt their images not just to petroleum companies, but to images not just to petroleum companies, but to energy companies as well, following the lead of energy companies as well, following the lead of major corporations, such as Shell and BPmajor corporations, such as Shell and BP

• As consumers each of us can have a big impact As consumers each of us can have a big impact on this very influential groupon this very influential group

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Mobilization of Businesses Mobilization of Businesses (con’t.)(con’t.)•PERHAPS CHANGE IS CLOSER PERHAPS CHANGE IS CLOSER

THAN WE THINK WITH THE THAN WE THINK WITH THE BUSINESS SECTOR, SO BUSINESS SECTOR, SO CONSUMER ACTION BECOMES CONSUMER ACTION BECOMES VERY IMPORTANTVERY IMPORTANT– Ford, Dupont, Daimler Chrysler, Texaco, General Motors Ford, Dupont, Daimler Chrysler, Texaco, General Motors

have pulled out of the Coalitionhave pulled out of the Coalition– We need to encourage companies that by staying in an We need to encourage companies that by staying in an

being involved with the Coalition will affect their images being involved with the Coalition will affect their images and cause consumers to boycott their products and cause consumers to boycott their products

– Many companies have begun to promise to help reduce Many companies have begun to promise to help reduce emissions and take other steps to help tackle climate emissions and take other steps to help tackle climate changechange

““Some of the exiting companies, such as BP Amoco, Shell, and Dupont, joined a progressive Some of the exiting companies, such as BP Amoco, Shell, and Dupont, joined a progressive new group, the Business Environmental Leadership Council, now an organization of some new group, the Business Environmental Leadership Council, now an organization of some 21 corporations. This new outfit, founded by the Pew Center on Global Climate Change, 21 corporations. This new outfit, founded by the Pew Center on Global Climate Change,

says, "We accept the views of most scientists that enough is known about the science and says, "We accept the views of most scientists that enough is known about the science and environmental impacts of climate change for us to take actions to address its environmental impacts of climate change for us to take actions to address its

consequences."consequences."

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Mobilization of Businesses Mobilization of Businesses (con’t.)(con’t.)

PARTNERSHIP FOR CLIMATE ACTIONPARTNERSHIP FOR CLIMATE ACTION- This is a new business coalition that has This is a new business coalition that has

been formed by many of the larger and been formed by many of the larger and influential companies, along with the influential companies, along with the Capitals on Environmental DefenseCapitals on Environmental Defense

- This newer coalition has pledged to This newer coalition has pledged to reduce greenhouse emissions by its reduce greenhouse emissions by its members to levels meeting or exceeding members to levels meeting or exceeding Kyoto’s requirementsKyoto’s requirements

- Major Companies involved: BP, Alcan, Major Companies involved: BP, Alcan, DupontDupont

- More companies, however, need to be More companies, however, need to be encouraged to join this group in order to encouraged to join this group in order to make consumers happymake consumers happy

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What should we do? (con’t)What should we do? (con’t)

• Create different Focus Points:Create different Focus Points:– Target emissions quotasTarget emissions quotas– Creating a trading system for nations to trade emissions Creating a trading system for nations to trade emissions

amountsamounts– Look at Key Sectors where changes will be most efficientLook at Key Sectors where changes will be most efficient

• Transportation industry, including air travelTransportation industry, including air travel• Power industryPower industry

– Creating energy policies driven at climate change (ie. Creating energy policies driven at climate change (ie. the British have developed a 50-year blueprint for the British have developed a 50-year blueprint for development of its national energy policy)development of its national energy policy)

– Adaptation [while we can minimize effects of climate Adaptation [while we can minimize effects of climate change, we also need to adapt in order to minimize change, we also need to adapt in order to minimize future inevitable costs due to our past behavior] future inevitable costs due to our past behavior]

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What should we do? (con’t)What should we do? (con’t)

• Educate the people of the U.S. on the Educate the people of the U.S. on the threats of climate change, which will, threats of climate change, which will, in turn, get more people involved on in turn, get more people involved on the right side of the debatethe right side of the debate

• Educate our legislators and Educate our legislators and representatives on the threats of a representatives on the threats of a non-active approach in the fight to non-active approach in the fight to reduce emissions and take action to reduce emissions and take action to control climate change before it is too control climate change before it is too latelate

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WHYWHY we need to educate our we need to educate our legislators and legislators and representatives:representatives:• Acting on an individual level is they way one person’s Acting on an individual level is they way one person’s

actions make a difference to social and political issuesactions make a difference to social and political issues• Before anything becomes an important issue to our Before anything becomes an important issue to our

legislators and representatives, they need to see, legislators and representatives, they need to see, hear and understand that the issue is important to hear and understand that the issue is important to constituentsconstituents

• Putting pressure on and lobbying to our Putting pressure on and lobbying to our representatives to make important changes is what representatives to make important changes is what politics is really all aboutpolitics is really all about

• Pressure from constituents is what forces our elected Pressure from constituents is what forces our elected officials to take actionofficials to take action

• Therefore, it is just as much up to us to push for Therefore, it is just as much up to us to push for change as it is for our leaders to actually make the change as it is for our leaders to actually make the changechange

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How to get involved in the How to get involved in the political fight against climate political fight against climate change:change:• Join coalitions and groups already Join coalitions and groups already

formedformed• Sign Petitions that are onlineSign Petitions that are online• Lobby our elected officialsLobby our elected officials• Write your SenatorsWrite your Senators• Write your RepresentativesWrite your Representatives• Pass out fliers to other people, who will Pass out fliers to other people, who will

in turn also push our leaders to in turn also push our leaders to encourage and support changeencourage and support change

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What else can you do?What else can you do?• In 1993, Portland, Oregon became the first city in the U.S. to In 1993, Portland, Oregon became the first city in the U.S. to

implement its own CO2 reduction planimplement its own CO2 reduction plan

– It joined a Partnership of Municipal Governments, which eventually It joined a Partnership of Municipal Governments, which eventually also included other U.S. cities, such as Denver and Minneapolisalso included other U.S. cities, such as Denver and Minneapolis

– Portland’s goal was to cut CO2 emissions to 20% below 1990 levels Portland’s goal was to cut CO2 emissions to 20% below 1990 levels by 2010by 2010

– Portland’s plan also included:Portland’s plan also included:• Synchronizing traffic lightsSynchronizing traffic lights• Planting 75,000 acres of trees to absorb CO2Planting 75,000 acres of trees to absorb CO2• Incorporating low CO2 vehicles for the CityIncorporating low CO2 vehicles for the City

– While Portland’s emissions have actually risen, those increases are While Portland’s emissions have actually risen, those increases are due to a population boom in the City and has nothing to do with the due to a population boom in the City and has nothing to do with the Plan that the City adopted; on a per capita basis, emissions are Plan that the City adopted; on a per capita basis, emissions are downdown

There are no reasons that other cities across our nation can take There are no reasons that other cities across our nation can take similar measures and it is our job to make out leaders aware of similar measures and it is our job to make out leaders aware of these simple steps that can be taken and that can work and be these simple steps that can be taken and that can work and be

proven effectiveproven effective

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Another Important Step Each Another Important Step Each of Us Needs to Take:of Us Needs to Take:

• While the benefits of emissions reduction will not be seen While the benefits of emissions reduction will not be seen for years, an economic downswing and economic harm will for years, an economic downswing and economic harm will be felt immediatelybe felt immediately

• While politicians realize that global warming is a long term While politicians realize that global warming is a long term problem, there is very little political risk for them in the problem, there is very little political risk for them in the short term; by the time we are in serious trouble they will be short term; by the time we are in serious trouble they will be long out of officelong out of office

• Therefore, it becomes important for us to take action now to Therefore, it becomes important for us to take action now to make this a serious part of the political agenda of each make this a serious part of the political agenda of each person running for office in the next electionperson running for office in the next election

• According to a Time/CNN poll, while the majority of According to a Time/CNN poll, while the majority of Americans are concerned about climate change, they are Americans are concerned about climate change, they are more worried about increased prices and the personal more worried about increased prices and the personal economic harm they may feel by taking action against this economic harm they may feel by taking action against this problemproblem

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Therefore, while politicians are Therefore, while politicians are part of the problem, each of us part of the problem, each of us

also needs to be willing to also needs to be willing to make certain sacrifices to show make certain sacrifices to show our politicians we are willing to our politicians we are willing to make the changes we demand, make the changes we demand, in order to save ourselves from in order to save ourselves from

the long-term disastrous the long-term disastrous effects of climate change!effects of climate change!

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THE ENDTHE END