37envtlpolyl208
TRANSCRIPT
-
7/25/2019 37EnvtlPolyL208
1/9
Citation: 37 Envtl. Pol'y & L. 208 2007
Provided by:LSE Library
Content downloaded/printed from
HeinOnline (http://heinonline.org)
Wed Jan 20 12:42:26 2016
-- Your use of this HeinOnline PDF indicates your acceptance
of HeinOnline's Terms and Conditions of the license
agreement available at http://heinonline.org/HOL/License
-- The search text of this PDF is generated from
uncorrected OCR text.
-- To obtain permission to use this article beyond the scope
of your HeinOnline license, please use:
https://www.copyright.com/ccc/basicSearch.do?
&operation=go&searchType=0
&lastSearch=simple&all=on&titleOrStdNo=0378-777X
-
7/25/2019 37EnvtlPolyL208
2/9
ENVIRONMENTAL
POLICY
AND
LAW
37/2-3
2007)
The
New Diplomacy
for Sustainable
Development and
the Negotiations
on Climate
Change
by Bo
Kjell6n*
It
is
a great pleasure and an honour for me
to
be present
at
this
Symposium in the company
of
so many distin-
guished colleagues.
I
also wish
to
take this opportunity
to
renew
my thanks
to Elizabeth
Haub
for the
Prize
so gen-
erously awarded
to me in 1998
together with
my
friend
and colleague, Ambassador
Razzali
Ismael
of
Malaysia.
I
also wish
to
express my appreciation
and
gratitude
to
Dr
Wolfgang Burhenne for
his
thinking
and
action over a great
number of years in favour of the global environment and
of
global cooperation.
In my acceptance speech when
I
received the Prize
in
New York,
I
already
touched on the main theme which I
will discuss with
you today.
Against the background of
my experience as a practitioner
of
environmental diplo-
macy, I have
come
to the
firm
conclusion
that
we are
now
witnessing the emergence
of
a new
type
of
international
relations,
the
New Diplomacy for Sustainable
Develop-
ment.
No doubt,
traditional diplomacy
with
its
roots
in the
Westphalian system
of
national sovereignty and its
em-
phasis on national security maintains its role and impor-
tance.
The
events
of
this
year
in
the Middle East and
else-
where
have certainly confirmed this.
Nevertheless,
it is
essential that traditional diplomatists begin
to
realise that
major
changes
are under way and that it is high time to
understand that
the
human impact
on the
global natural
system and
its
corresponding long-term risks are modify-
ing the environment in which international relations de-
velop. For the
first
time in history, humans have the ca-
pacity to influence
the
whole global system, and conse-
quently
the living
conditions
of all future generations. This
has led
the Nobel Prize
Laureate Paul
Crutzen
and
his
colleague Stoermer
to
speak
of
a new geological phase:
the
Anthropocene Era. Coupled with the human impact
on economic and social
systems
across the world through
the
effects of
what is
commonly
known
as globalisation,
this means that relations between states have
to
respond
to new imperatives and
face
new responsibilities. It is
of
course true that the methods and processes
are the
same
as those
of
traditional diplomacy,
but the
substance is radi-
cally different. In this lecture, I wish to develop a theoreti-
cal background and
then
to
elaborate
on
the
climate nego-
tiations as a practical example
of
the new diplomacy.
Before going further, it might be necessary to briefly
comment
on
the distinction between
environment
and
sustainable
development .
In
the early
stages of
global
concern for
the
environment, as exemplified
in the
Stock-
holm
Conference
in
1972
on
the Human
Environment,
the
problems
of
development were certainly
discussed
let me recall that the Indian Prime Minister Indira Gandhi
made
this
a
major issue in Stockholm -
but they did not
Ambassador,
Senior
Research
Fellow,
Stockholm
Environment
Institute.
occupy central stage. It
is
also true that in those days the
global aspects
of
environmental
threats
were less known
than today.
There were serious concerns
in the
South that envi-
ronmental arguments would weaken the support for
the
necessary combat
of
poverty; against that background the
Brundtland Commission, established
in
1987,
underlined
the need for a combined and balanced approach through
the use
of
the expression sustainable development .
Nevertheless,
as
preparations began for the 1992
Rio
Conference
the
Group
of 77 was not
ready
to
accept
the
concept, and the
agreed
title became the
UN
Conference
on
Environment
and
Development .
It was
not until
Jo-
hannesburg
in
2002 that this problem was finally solved
with the expression World Summit on Sustainable
De-
velopment .
Sustainable
development
encompasses
environmental,
social, and economic components. It
is
not a simple trian-
gular relationship
however; a large
number
of
different
parameters
are
involved,
ranging
from health,
through
social aspects such as human rights, equality and employ-
ment
to
various
economic
factors,
including
food
produc-
tion, raw
materials
and
energy.
It is fair
to
say that Governments for a
long
time have
aimed at achieving
economic
and social
sustainability. En-
vironment
is
the new
element,
and
therefore
it is
not sur-
prising that the concepts environment and sustainable
development are sometimes used
to
mean more or less
the
same
thing. I prefer to speak of the New Diplomacy
for Sustainable Development,
but it
is quite clear that its
main
significance lies in the
field
of
environment.
We know
that the
co-existence between traditional and
new diplomacy
is sometimes
uneasy. On the
one hand
we
have
the
power-based diplomacy, which is today spe-
cifically illustrated
by
the military discourse
of
the US
administration, underlining the
need
for full support
in the
war on terrorism; and a lack
of
confidence in the United
Nations. The tensions between Europe and the United
States,
or between
the
US
and
the UN
Secretary-General,
arising
out of
this state
of affairs,
need
to
be settled within
a framework
of
distributive bargaining, and the stakes
are
high.
On the other hand, the Rio process has laid the basis
for
a framework
of
negotiation
which is
more
integrative,
where bargaining positions
and
the underlying interests
are
more
varied
and where
the bottom
line
is the
concern
for long-term human survival.
As
all negotiators
in the
Rio process know this does not mean that solutions are
easy
to
find: powerful economic and social interests
are
challenged, and progress
is
often
slow.
But the underly-
ing
purpose of negotiation
is
different.
What
are
then
the
central features
of
this new
diplo-
macy?
I
wish
to
distinguish between a set
of
fundamental
0378-777X/07/ 17.00 2007
lOS Press
207
-
7/25/2019 37EnvtlPolyL208
3/9
ENVIRONMENTAL
POLICY AND LAW 37/2-3
2007)
parameters
and some
other aspects
which
are
of
a more
specific and organisational character. The structure can
be summarised as
follows:
Fundamentalparameters
-
The existence
of
absolute limits/threats
-
The
need
for a broad vision
-
The primacy of the long term
Specific elements
-
The emergence
of
new international actors
-
The role
of
civil society and non-governmental organi-
sations
-
The impact
of
research, in particular
in
the natural sci-
ences
I will briefly comment on these one
by
one.
The existence
of
absolute limits/threats
The dangers
of
a global disaster caused by a major
nuclear
war may
have
subsided,
but instead man's impact
on
the earth's natural system
can lead
to
consequences
with catastrophic global effects. For the individual
it
is
of
course
extremely
difficult
to
visualise
disasters
of
this
kind,
they fall outside our normal mindsets.
But responsible
Gov-
ernments
have to
calculate different courses
of
action
to
avoid these dangers ever becoming a reality. During the
cold war the super-powers
normally handled the nuclear
threat with great caution, within the boundaries
of
tradi-
tional diplomacy. Established patterns
of
thought were
applied; in the academic discourse on negotiations, game
theory
was highly relevant.
For the
New
Diplomacy,
the
threats are
of
a different
character.
They
are
long-term,
and
sometimes
diffuse.
The
American scientist Michael Glantz has coined
the
expres-
sion
creeping disasters . There
is no concrete
enemy,
the
threat is nowhere and everywhere. The threat
is
also within
the
very fabric
of
our
societies
and
lifestyles, often
linked
to material progress. In all countries,
it
is difficult
to
make
this
threat credible
and thus to
create
a
state
of
public opin-
ion
that
permits
funds
to
flow and action
to be
taken.
If we now consider the international arena, it becomes
clear that new dimensions
are
added
to
traditional diplo-
macy. The threat
is absolute:
there is no adversary on the
other
side
of the table who can be bullied
or subtly con-
vinced to postpone the execution
of
the threat or accept
the terms
of
a compromise: global change will happen
unless the negotiating partners can
agree among
them-
selves
to
modify certain practices,
such
as excessive
emis-
sions
of
carbon dioxide.
To
make
things
still worse,
we
are uncertain
about
the nature
of
the
threat: we
know that
we
are
facing absolute limits
of
a kind, but we do not know
where these limits are. Furthermore, we are dealing with
systemic effects
of
a tremendously complicated nature:
where and when
will
the
sensitive
fabric
of global resil-
ience tear apart?
The policy-makers in
capitals
and the negotiators
middlemen between
the
desirable
and the possible - are
caught in a dilemma: on the one hand they
are
operating
within the boundaries
of
traditional methods
of
multilat-
eral negotiation,
and on the other hand
they
are negotiat-
ing about problems
of
a totally new kind. The long-term
0378-777X/07/ 17.00 2007 lOS
Press
threats
are real though
diffuse, but
in the short
term very
important and concrete economic and other interests
are
challenged by the necessary
action
to be taken. My im-
pression
is that we
are
all
on
a learning curve, trying to
understand better how
the
international negotiating frame-
work
could
be adapted
to
the new
kinds
of
problems, while
at
the
same time facilitating actions
in
capitals: how
can
the many national interests and the state
of
public opinion
really enable Governments
to
take sufficiently advanced
negotiating positions
in
a situation when
the
negotiating
partners should
logically rather be on
the same side?
The
need
for a
broad
vision
These complexities
underline the
need for a broad
vi-
sion
of
the contents and the context
of
negotiations on
sustainable
development. Policies,
instructions
and
nego-
tiations
need
to recognise
an
extremely
complex
reality,
which involves a reasonable understanding
of the
forces
that influence global change as
well
as the many
social
and
economic consequences of action
to
promote sustain-
ability at
the
global level.
My experience
as a
negotiator has
given me a fair
amount of admiration
for
my colleagues, not least those
from developing countries, for their capacity
to
deal with
this broad range
of
problems
in
a constructive way. But as
I look back I
also sense that most
of
us
were
initially ill-
equipped
to grasp
the inter-linkages between the many
different
forces
that operate in the field. Most
of
us had
university
degrees in
law,
economics,
or political
science,
but very few had
a
background in sociology or, in particu-
lar, the natural
sciences.
Given
the
existing divides be-
tween
disciplines
this has
created
a
sense
of
uncertainty,
as
problems became increasingly complex. How much
do
I really understand? Do I have the competence
and the
information
to
try to find new solutions in tricky negotiat-
ing
situations? Or is
it
safer to stick
to
a narrow
interpreta-
tion
of my
instructions? And do
I really
have
the back-
ground to discuss with my political masters in the capital
possible
new
ideas
or
new
avenues
of
compromise?
It
is true
that the cooperation in
a well
designed nego-
tiating team helps
to
reduce a
number of
these problems.
But it is only the biggest developed countries that can af-
ford to keep
sufficiently
large delegations
to provide
ex-
pert knowledge on a very broad range
of
issues. Very much
depends on the single negotiator. Therefore the training
of
negotiators and more generally capacity-building
has
to
be given
particular
attention.
I
also believe that our
in-
creasingly complex world
requires
particular efforts in the
educational
systems
to give
us
all
the tools
to
keep
an over-
view, and not be dependent on the scattered images
of
reality that are flashing on
our
TV screens.
The
German
word Bildung reflects very well what I mean. Maybe
global sustainability
will
also require
a
new
approach to
culture, a 21st Century Renaissance.
There
is
another
aspect
of
this broad vision that
needs
to
be explored, and that is
the border
zone
between
the
new diplomacy and traditional international relations. In
times
of
crisis, there are always the immediate burning
issues that need
to be
addressed. When there is a
war go-
ing on, who can bother about long-term environmental
2 8
-
7/25/2019 37EnvtlPolyL208
4/9
ENVIRONMENTAL
POLICY
AND
LAW
37
/2-3
2007)
issues; as
illustrated by the conflict in the Middle
East?
But we also have
to
realise that there
are
numerous link-
ages between traditional conflicts and environmental is-
sues, as attention is focused
on preventive
diplomacy. It
becomes more
and
more obvious that
environmental
dis-
asters can lead
to
political and ultimately military con-
flicts
between countries
and
within countries. Dramatic
events take over the front pages
of
our newspapers; but
forces
that
drive
global
change
are
continuing
all
the
time,
and
have
to be addressed.
It is also
striking that recent
G-
8
meetings
have been increasingly preoccupied
with
en-
vironmental
or economic
sustainability:
climate
change,
and
Africa,
are
obvious
examples.
Therefore, even
if the
competence
of
negotiators and
other officials
is
an essential issue, Governments need
to
recognise
that the
broad vision will be
an
increasingly
important element
of
political action, nationally and in-
ternationally. The interdependence
of
nations has been
growing fast over the
last decades,
and globalisation has
political, economic, social
and
cultural consequences. But
the
global sustainability imperative
takes
us into yet an-
other
dimension. The
new diplomacy
is a
complicated
arena, and most Government departments will have to be
engaged
in
an effective
way.
The primacy of the long
term
The famous British economist John Maynard Keynes
coined the expression In the
long run
we are all dead .
Probably the purpose was
to
discourage speculation on
what could
happen in
the
distant future, and to
focus
in-
stead
on
practical policy
in the
short and medium term.
Many
people have also laughed at the quip
of
Groucho
Marx: Why
should
I
do
anything for the future? The
fu-
ture
hasn't done
anything for
me.
However, the Anthropocene era changes the perspec-
tive. If
humans
are
now influencing
the
entire
world sys-
tem, then
we
have an unavoidable
responsibility
for fu-
ture
generations, not just children and grandchildren, but
all future generations.
This is
a
daunting responsibility in
a
world
with
so
many,
and so difficult, short-term prob-
lems.
Politicians are
often
accused
of
lacking
interest
in long-
term
issues. A common
charge is that they don't
look
further
than the
next election.
In
my
view
this is
unfair,
since
in the day-to-day operation
of
Governments there
are too many
issues
that cannot simply be postponed and
where action has to be taken straight away. Visions
are
getting blurred by immediate
concerns.
As a former Brit-
ish
Foreign
Secretary,
Douglas-Home
once complained:
foreign policy is
just
one damned thing after another .
Given this constant tension between the urgent and
the long-term important, the requirements
of
the new
sus-
tainability paradigm have
to
be well understood by public
opinion. Natural disasters and such graphic illustrations
as the ozone hole have helped to increase
awareness.
I
will later comment more specifically
on
climate
change:
there the European Union and several member countries
have set long-term targets for emissions
of
greenhouse
gases,
stretching
to
2050-2060.
In
no other
policy
fields
are
this kind
of
long-term provisions in use. It is unavoid-
able
that
we
will see more
of
such long-term
objectives
as
the implications
of
global change become more generally
understood, and as the international community realises
still more clearly that time is
hort if humanity
is
to
avoid
disasters
of
different kinds, linked
to
anthropogenic
im-
pact on the global system.
One of
the
most salient features of
the
new diplomacy
is the primacy
of
the long term. Together with the abso-
lute character of the threat and the
need
for a broad vision
it
is a defining
element
for
the
very
concept. But I also wish
to
comment briefly
on
some other
aspects
of
a
more
con-
crete nature, which have emerged over the last decade.
New
international actors
The pattern
of
multilateral negotiation has changed only
gradually
over
the post World
War II period.
The role
of
the
superpowers,
the dominant role
of
the western
democ-
racies, and the emergence
of
the
group of
developing
coun-
tries (G-77)
has
characterised the structure
of
multilateral
cooperation for most of
this
period.
In recent economic and trade negotiations,
it
is obvi-
ous
that China, India
and
Brazil
have
merged as
major
players.
This
has
also been reflected in the negotiations
on
sustainable development, though with some nuances.
The cohesion
of
the G-77 has been considered essential:
this
reflects
concern
that
environmental policy
would
be
detrimental
to
growth and development objectives.
At the
same
time it has become clear that
China,
India and Bra-
zil are ready
to
go it alone
if
they feel that this is important
for
their
national
interests.
(China is formally not
a mem-
ber
of the
G-77, but
it
is normally associated
to
all posi-
tions
expressed by the
group).
However,
it is
worth mentioning that other groups of
countries, that
normally
do not
play
a
major role in the
United Nations, have held a high profile
in
the negotia-
tions
on sustainable development
since
1990.
One is the group
of OPEC countries, in
particular Saudi
Arabia. This is not the
first
time that Saudi Arabia
plays
a
leading
role in
a
south-north
context: during
the dialogue
on
a
new international economic order in the 1970's Saudi
Arabia's oil minister
Sheik Yamani
was at
the centre
of
attention.
The whole dialogue had in
fact
been initiated as
a
response
to the increase
in
oil prices
and the
risks
for
disruption
of
oil supplies that caused concern among the
industrialised
countries.
In a way this negotiation, which
however did not lead to any concrete results, was a
pre-
cursor
of
the new diplomacy.
Both in the Rio process and in the climate negotia-
tions,
Saudi
Arabia
and
some other
OPEC
countries
have
taken very strong positions, trying to block decisions that
might reduce the expected demand for oil. This has led to
tensions within the G-77,
in
particular since another group
of countries, the Association of Small Island States
(AOSIS), has constantly pushed for more action on emis-
sions
control.
Quite unexpectedly, this has
given some
small islands
in
the Pacific or the Caribbean, such as Sa-
moa or Antigua and Barbuda, pivotal roles in the negotia-
tions.
Finally, the Group of Least Developed
Countries
(LDC's)
has been able
to
defend
its
interests with skill
0378-777X/07/ 17.00 2007
lOS Press
209
-
7/25/2019 37EnvtlPolyL208
5/9
ENVIRONMENTAL POLICY AND LAW 37/2-3
2007)
and perseverance, even
if the
results
have
not
always been
up to expectations. However, this group has been consti-
tuted
as part
of
G-77
for
a long time in the UN. What has
been striking
now
is that certain countries, or certain sub-
groups
of
countries, have been
able
to establish strong
platforms
of
action in
several
of
the negotiations on
sus-
tainable development. One example
is
the major role
played by West African francophone countries
in
the ne-
gotiations
for the
Convention
to Combat
Desertification,
or the
important contribution
of
a number
of
smaller Latin
American countries
in the Convention on Biological Di-
versity.
In this way, these negotiations
have
contributed to show
that there
are
areas
in
which small countries,
in particular
when strong national interests
are at
stake, have a real
possibility to
make
their
voices
heard in
the
UN. To
a
large
extent, this has also
been
due to the
negotiating
skills
of
their representatives.
The impact
of civil society
and
the role
of NGOs
The Rio process represented a break-through for the
participation
of
NGOs
in the work of the UN. Of
course
non-governmental organisations have had a long history
of participation in UN
activities, but
it
had been a limited
group
of
well-established, large organisations.
As
the Pre-
paratory Committee for
the
Rio Conference
assembled
in
August
1990,
there was a serious effort to widen the
par-
ticipation.
The Secretary-General
of
the Conference,
Mauric Strong
of
Canada, had many linkages
to
civil so-
ciety,
and many countries
felt
that action
to promote sus-
tainability would need NGOs
to be
more firmly anchored
in public opinion.
There
was
a
fair amount of suspicion,
as
many devel-
oping
countries
feared
that northern
environmental
NGOs
would have limited understanding and would not be very
sympathetic
to the developmental aspects
of
sustainabil-
ity. This led to
a difficult negotiation
at the
first meeting
of
the Preparatory Committee, but in my
view
the result
was very satisfactory. The
decision meant
that NGOs that
had been admitted to the Conference would have the
pos-
sibility to
participate in all
open meetings
if the
Chairman
of any body would so decide
with
the consent
of
the
meet-
ing.
On the
other hand it was
made very
clear
that NGOs
were not negotiating parties. This decision clearly shows
that the
full
responsibility for the results
of
negotiations
would stay
with
Governments; but it also
gave NGOs
a
very significant right to be
present.
Practice has shown that
NGOs
increasingly have been
admitted
to practically
all meetings
,
with
the exception
of
sensitive final negotiations, and this has been applied
both in the normative Rio/Johannesburg process and in
the Convention negotiations. The formal approval ena-
bling NGOs
to
enter sessions
of
the various bodies has
normally been a low-key and routine business. In the case
of
the
Convention
to
Combat Desertification,
a large
number
of
grass-root
NGOs
participated actively; and their
presence was financed through a special fund with contri-
butions from developed countries.
The presence
of NGOs at the various meeting
has given
a considerable contribution
to
the negotiations. In all ses-
0378-777X/07/ 17.00 2007 lOS
Press
sions
they
have been invited to
make statements, some-
times strongly critical
of
Governments. In many
of
the
large Conferences, such as Rio or Johannesburg,
special
NGO villages have been centres for side events
of
differ-
ent kinds, meetings and manifestations. The development
of
side
events is generally an interesting feature
of
the
new diplomacy. These
are
organised with
the
help of
Sec-
retariats and cover a broad range
of
subjects and a number
of
different
activities,
from
academic
seminars to rallies
aimed at directly influencing negotiations. With
the
sup-
port
of some Governments, some NGOs also
produce regu-
lar reports on proceedings
in
the sessions, keeping an eye
on
how
delegations tackle the various
points
on the agenda.
More generally, the active
participation of
NGOs re-
flect an important feature
of
sustainability policies: the
need to keep
the general public informed
of
the
issues at
stake, so
that
everybody can have
a
considered judgement
of the
policies to be pursued. It is easy
to
say that life-
styles
need
to change
and
that paradigm
shifts are
needed,
but these
can
only come
about
if there
is
broad public
sup-
port for action. Therefore, the role
of
NGOs becomes par-
ticularly important in negotiations on sustainable
devel-
opment: they help
to provide bridges between the reality
of
negotiations
and
the reality
of
real life.
The role
of
science and research
One
important
characteristic
of the New
Diplomacy is
that it is driven by the natural sciences. The role of the
Intergovernmental Panel on Climate Change (IPCC) will
be discussed
more
in
detail
in
the concluding
part of this
presentation, dealing more
specifically
with
climate
change.
But
climate
is
only one example
among
several.
One of the first examples
was
the intensive research car-
ried
out at
Stockholm University
that
led to the European
regional agreement on transboundary air pollution, already
in 1983.
And the
research
carried
out by
Paul Crutzen and
his colleagues
-
that
ultimately led to the
Nobel Prize
in
Chemistry in
1995 -
laid the basis for the Vienna
Con-
vention and
the
Montreal
Protocol on the
ozone
layer.
Chemicals in the atmosphere are central to the
prob-
lems
we
face
in
climate change
and in
the thinning
of
the
ozone layer.
But
chemicals are also responsible for pollu-
tion
of soils,
water and oceans; and there
are
now so many
chemicals in use that chemicals control has become a cen-
tral
issue
for
global sustainability. A
UN
Convention on
Persistent Organic Pollutants
(POPs)
was concluded in
Stockholm
in 2001; also in
this case research
was
instru-
mental in moving the processes
forward. And as
research
on
chemicals continues, there
is
no doubt that
the
input
will be transformed into new legal instruments.
A broad range
of
natural scientists are today involved
in research
of
high relevance
to
sustainability But as it
becomes
clear that we
are
dealing
with global
systemic
problems, it is necessary to broaden the scope
of
research.
In
this
context, the International Geosphere-Biosphere
Programme (IGBP) is
of particular
importance. The pro-
gramme is built on inter-disciplinarity, networking and
integration.'
In the same way, the International Institute
for Applied
Systems Analysis
(IIASA),
has become in-
creasingly relevant for international negotiations as they
21
-
7/25/2019 37EnvtlPolyL208
6/9
ENVIRONMENTAL
POLICY
AND
LAW
37
/2-3
2007)
have
to take
into
account the fact that
we
live
in an
inte-
grated earth system. Similarly,
EU
research programmes
become geared to the
same
issues
of
high relevance for
the
New diplomacy.
Another salient feature
of
the
present
situation is that
the social
sciences need
to be given a more prominent
role. This
does not only refer
to
economics, which has
an
obvious contribution
to
give in modelling and calculation
of
cost-effectiveness,
but
also
other
social sciences,
mainly
political
science, sociology
and
social psychology. These
are essential components in preparing negotiations and
better understanding the societal conditions that will per-
mit a transition to sustainability over the long term. They
will also
be instrumental in better understanding
how
the
relationship between global, national,
and
local scales, will
evolve,
as
the approach to global
problems
will
have ef-
fects on
living conditions
and
lifestyles
all
over
the world.
How will
political
structures cope with these new
de-
mands? What are the consequences for legal systems?
What psychological mechanisms will permit acceptance
of
new kinds
of
constraints
in
order
to
respond
to the
new
requirements
of
intra-generational and inter-generational
equity?
These are
just
examples
of the new
claims that earth
science put on the research community; I have no doubts
that the linkages
between international negotiations and
all forms
of
scientific research will need
to
be strength-
ened
in the years to come.
The
institutional and structural
consequences
are
still unclear, but as I turn
to
a more spe-
cific
discussion of
the
climate
issue,
I believe
that some
lessons
can
be drawn.
The
New
diplomacy
at
work: the negotiations
on
climate change
Climate change is the most striking example
of
an-
thropogenic change in
a
global
perspective. The
way it
has been tackled
by
the international
community
is
also
the best example so far
of
practical implementation of the
New diplomacy.
I therefore
wish
to set
the
different pa-
rameters discussed in the previous section in the perspec-
tive
of
these negotiations.
This
will just be a
brief
presen-
tation
as
a background to our discussion.
Since
natural research has been
the
strongest
driving
force in this process, it
is
logical to begin with the impact
of
research, and in particular the instrumental role
of
the
IPCC.
As climate change began to appear on the radar
screens of
politicians
in
the
1970's the
obvious response
was to seek more information, and therefore the United
Nations
Environment Programme (UNEP)
and the
World
Meteorological Organisation (WMO)
jointly
created the
Intergovernmental Panel on Climate Change in
1987.
The
first assessment report
of
the IPCC was tabled
in
Septem-
ber 1990, and the
Panel would
from
then
on have
a
major
impact on the efforts
to
create a legally binding instru-
ment
to
tackle
climate
change.
Its fundamental
points,
made
on
the basis
of
combined efforts by more than 2000
scientists have been basically unchanged over the years:
there is a human impact on the climate; business as usual
would
risk
a
global
warming
of
the
earth's atmosphere
of
1.6
to 5.8
degrees Celsius
by
2100, sea level could then
rise
by
0.09
to 0.90
meters.
Wide
ranges
of uncertainty,
but an authoritative evaluation
of
tremendous risks for the
future.
When
the
then Chairman
of the IPCC, professor
Bert
Bolin
of
Sweden, addressed meetings
of the
negotiating
committee for the Convention, there was palpable
silence
in
the room. Here came
the facts,
the certainties
and the
uncertainties, and the negotiators got a clear sense
of
their
responsibilities. Tactical finesse and national interests for
once
became
secondary.
Of course
the
moment
passed,
but it
was a subtle
expression
of
the
impact
of
the natural
sciences on negotiations on global sustainability.
The three assessment reports
of
IPCC prepared to
far
- 1990, 1995 and
2001
- have
all had a
major
impact, and
no doubt the next report, to be published in 2007, will be
of
particular importance as
negotiators
will move further
in
the
preparations for the climate regime
after 2012.
Of
course
IPCC
findings
have
been challenged,
as have
other results
of
climate research, based on extensive data
modelling
and
evaluations of expected impacts. But over
the
last fifteen
years, the
scientific data have not ceased
to
strengthen the case
for
serious
concern
over the conse-
quences
of global warming. Even
such
an originally
very
outspoken critic as President Bush has had to mute his
criticism
of
the science behind climate change, even
if
he
continues
to keep the
US
outside the implementation
of
the
Kyoto Protocol.
The
strength
of
the IPCC reports might not have had
the same impact on the negotiations,
if
some
of
the other
characteristics
of
the New
diplomacy
had
not kicked in
and supported
the
process. In many countries, including
the United
States,
the late
eighties
was a time when the
presence of global environmental threats
was
recognised
at
high
political
levels.
Climate
change,
the
ozone
layer,
the state
of
the oceans, increasing water stress, desertifi-
cation
-
all these issues came to the
forefront as prepara-
tions came
under way
for the
Rio
Conference. This
was
also a period
when
the immediate threat
of
a nuclear war
became less
pronounced,
as
the Soviet Union no
longer
represented
a
credible political and military danger to the
west.
All this created a new atmosphere, which supported
the Rio
process
and
made
the Rio Conference
a
real
suc-
cess. The Conference
itself
adopted a set
of
principles and
a programme
of
action
for the 21st Century, Agenda 21;
furthermore the Convention on Biological Diversity and
the Framework Convention on Climate Change
were
signed in Rio. The existence
of
global
environmental
threats
was
acknowledged. And
among the
principles
adopted in Rio was the precautionary approach, indicat-
ing that major environmental
threats
had to be acted on
even
if
full scientific certainty was still lacking.
Since full
certainty is
almost
impossible
to achieve on
such a complex issue as climate change this element
of
precaution became an essential element in the thinking
of
many Governments with a clear impact on negotiations.
Admittedly, action on climate change goes deep into the
fabric
of
society, because
it
requires measures affecting
key
economic
sectors,
in particular
energy and
transport.
But the perception
of
a major global threat helped create a
0378-777X/07/ 17.00 2007
lOS Press
-
7/25/2019 37EnvtlPolyL208
7/9
ENVIRONMENTAL
POLICY AND LAW 37/2-3
2007)
spirit
of
common purpose
which carried
the negotiations
forward. Even with all the caveats inherent in a negoti-
ated text, principle
of
Article 3
of
the Convention
pro-
vides
a good example:
The Parties should protect
the
climate system for the
benefit
of
present and future generations
of
human-
kind,
on the
basis of equity
and
in
accordance with
their common but differentiated responsibilities and
respective
capabilities. Accordingly the developed
country Parties should take
the lead in
combating
cli-
mate change
and the adverse effects
thereof'.
This
text,
and
the other
subparagraphs
of
Article
3,
gives a fairly complete
picture of the
several issues flow-
ing out
of
the recognition
of
an overwhelming global threat
requiring common costly action
in
a world with enormous
inequalities.
The
South continues
to emphasise the spe-
cific needs
and circumstances
of
developing country Par-
ties
2
but in the background is a common perception
of
the
nature
and
dimensions of the
threat. This
is
a
charac-
teristic
of the
New Diplomacy that helps
to
better under-
stand
how
the
climate negotiations
have
been
able to
make
progress,
even
though enormous economic and social in-
terests
are
challenged,
and
even though many critical situ-
ations have appeared
in
the course
of
the negotiations. No
nation is
ready to
take the
enormous responsibility to
block
the
negotiations, even
if the
Bush administration came
close to it in 2001.
And
in the decision
of
the EU to take
on the fight over the survival
of
the Kyoto Protocol at that
same
time,
the
nature of
the global threat
was an essential
background rationale.
Because
of
the extreme complexity
of
the climate is-
sue and all
its
societal ramifications, negotiators typically
need
to try to
achieve a
broad
overview
of
the reality in-
fluencing the negotiations. In fact, the process
itself
has
been
a
continuing
learning
experience for
a great
number
of
officials and their
political
masters,
who
have had
to
try to manage not only the scientific background but also
the
need
to reconcile extreme long-term
objectives
with
the pressures
of
day-to-day politics and economics.
These effects
would not
have been achieved
if the proc-
ess had not benefited from the presence of a great number
of
engaged
and knowledgeable NGOs. This particular as-
pect
of
the New Diplomacy has had a major impact, as
delegates have had the opportunity to participate in
side
events
and be exposed to various kinds
of
lobbying. The
official
presence of
NGOs
in
many sessions and
the
state-
ments
made
by
representatives
of
civil
society,
not least
youth organisations, have had a clear
impact.
Some NGOs
have
also
run a much appreciated information service, par-
ticularly important for smaller delegations that always ex-
perience great difficulty in following the many parallel
negotiations
taking
place. A
special feature
of
the
climate
negotiations has been the traditional NGO party, which
assembles official delegates and NGO representatives in
a very relaxed atmosphere.
In reviewing the various features
of
the New Diplo-
macy against the background
of
the climate negotiations I
finally wish
to underline
the
importance
of
smaller
coun-
tries with special interests: I have already highlighted the
0378-777X/07/ 17.00 2007 lOS
Press
role of the OPEC
countries and the
Association
of
Small
Island States, and
mentioned
the specific
problems of
LDCs,
the least
developed
countries.
These
various groups
have had a
particular
impact
on
the negotiations,
on
some
occasions with unexpected results.
One example was one
of
the few occasions when G-
77
cohesion could not be maintained.
This
happened dur-
ing the first Conference
of
Parties, held
in
Berlin
in 1995.
The most important issue on this occasion was the nego-
tiation
of
a mandate for further strengthening
of
the Con-
vention, which ultimately led to
the
conclusion
of
the
Kyoto Protocol
in 1997.
The
AOSIS
took a very strong
position
in favour of a far-reaching mandate, which
clashed
with
the minimalist
attitude
of
the
OPEC
countries, and
finally led to the appearance
of
a new grouping, the Green
Group, directed
by
India,
China and
Brazil, that
became
the main
G-77 negotiators for the
Berlin
Mandate.
This
experience has not been repeated
since,
and
it
is
fair
to
say that this was the exception that confirmed the
rule of
G-77
solidarity, but
it
had
a
deep
impact
at
a
cru-
cial moment
of
the process.
As we look
towards
the
future, there
is no doubt
that
the LDC Group has had an increasing impact in
forcing
attention
on
the effects
of
climate change
and the need
for
support for adaptation measures. We realise better than
before
that
climate change is
already
happening and
that
even efficient action
to
reduce emissions (which is un-
likely in the short term) will be in sufficient to
avoid
ad-
aptation, because
of
the inertia
of
the global climate
sys-
tem. This
adaptation may
well be costly
and
difficult for
developed countries, but for
poor
countries
the
effort will
be
well
beyond their
means, with
dramatic consequences:
adaptation
to
climate change will have
to
be
an
integral
part of development cooperation policy over
a
long pe-
riod
if
the
UN
millennium goals
of
poverty eradication
are to
stand a
chance
of
being achieved.
So
the climate change negotiations
provide
concrete
examples
of
the way the New Diplomacy works. I also
believe
that the
experience
so far
gives
some reasons to
have hopes
for
the future, with the caveat that progress
might
always risk
being too
slow,
even
if
the direction is
correct. We have
seen
that a number
of
factors
have ena-
bled the
world
community
to take action
on
a
major
threat
to
the future: the Framework Convention was adopted
in
1992, and it was given concrete emission
targets
through
the Kyoto Protocol concluded in 1997. But it was
only
after
major
battles
and
tremendous efforts by,
in
particu-
lar, the European Union that the Protocol could enter into
force
in 2005;
and then without
the participation
of
the
United States. And as negotiators are now preparing for
the continued talks
about
the future climate regime after
2012, when the first period of the Kyoto Protocol comes
to
a close,
major uncertainties remain.
As
a former practitioner
of
the diplomacy for sustain-
able development, I can see that
some
of
its special
fea-
tures
will give reason for
hope
about the future climate
negotiations, and I remain optimistic about the prospects
for a deal that will permit the world community
to
move
towards a
long-term climate regime
that
will ultimately
lead to sufficient emission reductions to avoid disastrous
212
-
7/25/2019 37EnvtlPolyL208
8/9
ENVIRONMENTAL
POLICY
AND
LAW, 37/2-3
2007)
effects
of
global warming. In turn,
this can
only be achieved
through action
to
promote new energy and transport tech-
nologies, and through a willingness to
accept
important
societal changes and modified life-styles. Is
it
naive
to
believe that this
can
happen?
I do
not
think so because I
believe that the realities
of
a globalised world system
are
beginning
to
be
better understood,
and
that
the
special
fea-
tures
of
the New Diplomacy represent a real paradigm
shift
in
international relations.
But
we also have to realise
that no international
nego-
tiations
of
this
kind can
succeed
if
enabling conditions at
the national level
are
not met,
if
a well informed public
opinion is not ready to back efficient global action.
And
that opens another kind
of
discussion, which might well
be a dominant factor as we look towards the future
of
the
climate issue,
and
other negotiations on sustainable
de-
velopment as well:
how will action
be consistent
with
per-
ceptions
of
fairness and
justice?
In the international
field,
we have
seen
how the notion
of common but differentiated responsibility has become
a
precondition for action. Weak
actors, such
as small is-
lands or least developed countries,
have
managed
to in-
fluence events by underlining the need for solidarity. But
as we move into areas,
such
as climate
change,
which will
require
the
participation of
all citizens
in
accepting life-
style changes, this notion
of
fairness and
justice
related
to
the
environment
will
permeate
national
situations
as
well,
and add
to
already existing social tensions.
So the analysis
of
diplomacy for sustainable develop-
ment moves into new landscapes. It is an ever-changing
reality, and
it is
still seen as subordinate to
the
traditional
forms
of
international
relations.
But I have no
doubts that
as this 21st Century moves on, people everywhere will have
to realise that all human
activities,
including
how
national
security is defined, will be dependent
on
the limits
im-
posed upon mankind
by
immense natural systems, and
act
accordingly.
Notes
1
In
2004,
the results
so
far
were
presented
in
a
major
work:
Global Change
and
the Earth System: A Planet under Pressure . (Springer Verlag).
2 Art. 3.2 F
0378-777X/07/ 17.00
2007
lOS
Press
213
Climate Change - Key Elements of Key Documents
Framework Convention on
Climate Change -
Concluded 1992,
entered
into force 1994.
Vague
commitments on stabilisation
of emissions of
greenhouse gases
for
industrialised
countries at
1990
by 2000,
no rules
on
compliance.
Principle of
common
but differentiated
responsibility .
Financial and
technical support
for developing
countries
recognised.
Institutional
and
process rules established, including
an
annual Conference of Parties.
Most important
result: adoption of
an
ultimate
objective : stabilisation of
greenhouse
gas concen-
trations in the atmosphere at a level that would prevent dangerous anthropogenic interference
with
the
climate system .
Kyoto Protocol - Concluded
1997
(COP-3),
entered into
force 2005.
Precise, differentiated,
quantitative commitments for
industrialised countries
covering
the period
1990-2008/12,
(EU -8%,
US -7%,
Japan
-6%,
Russia
0 etc.), on
average calculated
at
-5.2 .
Provisions
for accounting
for the
removal
of
carbon through sinks
(forests and
soils).
Establishment of
a
crediting system through mechanisms
such as emissions
trading,
joint
implemen-
tation and/or Clean Development Mechanism.
Establishment
of
a compliance
system.
A
separate
Meeting
of
the Parties
of
the Protocol.
Rules
on sinks,
mechanisms,
and
compliance were
not
complete
in
the Kyoto text.
Marrakesh Accords - Agreed in
2001
(COP-7).
Agreement
on
details
concerning
outstanding
issues
in
Kyoto Protocol
such
as
sinks,
mechanism,
and compliance.
Formalisation of
funding
offer from
a group
of
developed
countries
and agreement on
structure of
support funds,
concerning i a
adaptation
and
least
developed
countries.
Montreal
Decisions
(COP/MOP-1) (COP-11) - 2005.
Formal
adoption
of
Marrakesh
Accords.
Improvement
of
operation of
Clean Development
Mechanism,
and
establishment of 5
year programme
on adaptation.
Review
of
Annex
I commitments
after
2012.
Establishment of dialogue
on
post-2012 general climate regime (COP-Il decision).
-
7/25/2019 37EnvtlPolyL208
9/9
ENVIRONMENTAL
POLICY
AND LAW 37/2-3
2007)
D
0
N
C
214