Date: December 14, 2011

Topic: After Durban: The 17th Conference of the Parties to the United Nations Framework Convention on Climate Change

The Forum “After Durban: The 17th Conference of the Parties to the United Nations Framework Convention on Climate Change” on December 14, 2011 was held by PLES to discuss the process and outcomes of UNFCCC COP17 which had just ended in Durban, South Africa. The Forum was hosted by PLES chief director Professor Jiunn-rong Yeh. The panelists invited were Associate Professor Hsin-Chun Wang of NTU College of Law; Assistant Professor Tze-Luen Lin of NTU Department of Political Science; Assistant Professor Chen-Ju Chen of NCCU College of Law; Dr. Ying Shih Hsieh, Chairman of Environmental Quality Protection Foundation and Secretary General; and Secretary General Echo J. Lin of Environmental Jurists Association. The issues addressed in the Forum are: the importance and breakthrough of Kyoto Protocol on limiting greenhouse gases emissions; Durban outcome supplementing and strengthening Cancun Agreements; the break of political deadlocks and future ascension of Durban Conference; and the multiple aspects of Durban Conference involved. The Forum also covered the climate change policies and strategies of Taiwan after COP17.

The Forum began with PLES’s brief introduction to Durban’s core issues and development. PLES observed that Durban will serve as the gateway to the second commitment period of Kyoto Protocol, building on the structures of the Cancun Agreements, launching funds of climate change, establishing MRV directives, constructing a full technological mechanism in 2012. The participating panelists addressed and discussed different issues on the basis of PLES’s observation. The keynotes are as follows.

PLES Chief Director – Professor Jiunn-rong Yeh:

“The extension of Kyoto Protocol is the main focus of Durban.”

During the introduction, PLES Chief Director Professor Jiunn-rong Yeh specified the main focus on Durban as the continuation of both Copenhagen and Cancun’s unfinished missions. With the first commitment period of Kyoto Protocol coming to an end by the end of 2012, the international society needs to systematically forge a post-2012 climate regime that can continue the global effort to deal with climate change. Meanwhile, Professor Yeh also pointed out that Durban had shown increasing signs of multi-level governance but also problems of state-centric international climate negotiation, which would be worth further research and discussion.

Dr. Ying Shih Hsieh - Chairman of Environmental Quality Protection Foundation:

“The heat of Climate Change issues has cooled off, thus raising the importance of communication between nations.”

Dr. Hsieh, as a participant in COP17, felt that the passion for addressing climate change among participating countries had become weaker, and China wanted to wait until 2020 to be obligated by the new treaty instead of taking the social responsibilities now. It was obvious that COP17 functioned as a political negotiation instead of presenting what is best for the environment. As the heat of climate change issues began to cool off, the communication between nations and groups would become more significant, and we should have more education on the issues in Taiwan.

Assistant Professor Tze-Luen Lin:

“Even though Durban may seem like a political negotiation of nations’ own benefits, there are still some achievements.”

Professor Tze-Luen Lin agreed with Dr. Hsieh that the heat of climate change topics has begun to cool down, but he also thought that the political negotiations between nations weren’t without any achievements. While the second commitment period was negotiated in exchange for the new 2020-treaty, it also showed the EU prospects of climate change had been recognized by most countries. Professor Lin also pointed out that the meaning of the second commitment period won’t be the same as the first commitment period; under the circumstance that Canada, Russia and Japan dropping out, the GHG emissions regulated by the Protocol will plummet to only 16% of overall anthropogenic emissions. However, from Copenhagen to Cancun, and to Durban, the whole negotiation process has become more transparent and open. This year, the conference was hosted in South Africa, with Indaba process of democratic tribal conference making COP17 more diverse and tolerant. Last but not least, Professor Lin commented that while the international negotiation strategies have become more flexible, Taiwan should discreetly consider our own strategies.

Secretary General, Echo J. Lin of Environmental Jurists Association:

“Durban has a certain progress from a political and diplomatic point of view, but lacks the importance on environmental aspect.”

Secretary General Lin pointed out that Durban Conference, by continuing the focus of Kyoto Protocol and reaching a non-compulsory agreement, has strengthened the conclusion of Cancun. Although the result of Durban is confusing from a human rights and climate change policy points of view, but it is quite fundamental for international societies to reach a consensus with negotiation based on politics and diplomats. The conference reached a different level of progression by breaking the boundaries between Annex I and non-Annex I countries. However, Secretary General Lin stated that from an environmental protection and human rights point of view, Durban does not have any substantial development.

Assistant Professor Chen-Ju Chen:

“More emphasis should be focused on the part of ocean in climate change.”

Assistant Professor Chen-Ju Chen mentioned the importance of ocean by analyzing the event “Oceans Day at Durban,” saying that the world’s oceans play a central role in absorbing and adjusting CO2 in the atmosphere. But GHG emissions are affecting the world’s oceans, causing ocean acidification and sea-level rise, which will further affect human society and eco-system. At Oceans Day at Durban, NGOs underscored how they could better assist governments in the management of oceans, and discussed how climate change can be addressed outside the UNFCCC framework. The issues discussed included international human rights regimes and United Nations Convention on the Law of the Sea.

Associate Professor Hsin-Chun Wang:

“The insurance mechanism will become an important aspect in adaptation to climate change.”

Professor Hsin-Chun Wang outlined how the insurance mechanism will become one of the important adaptive strategies in dealing with climate change damages in policy and assessment and financial consideration. Citing the report by Swiss Re-insurance Company, Wang said that insurance can help transfer the risks of catastrophes under climate change, and people’s financial crisis induced by climate change related loss and damage can be mitigated through micro-insurance.

Conclusion: the importance of the procedures; the future variation of common but differentiated responsibilities principle; and the pressing need for Taiwan to think about its strategies.

Professor Yeh concluded in the end that, firstly, during the discussion with the panelists, we could see the outcome of the agreement being affected by the system, thus showing the importance of procedural construction. Secondly, Durban showed signs of variation of the principle of common but differentiated responsibilities. Some obligations have become more common, while others more differentiated. Taiwan, with its unidentified status in the international society, is facing pressing needs to find its place under climate change. Finally, Professor Yeh concluded that the rise of China will affect numerous issues greatly, and Taiwan should not overlook the impact of China while observing related topics.

Slides on PLES observation report of Durban

Slides on Secretary General Lin’s after Durban Discussion

Slides on Assistant Professor Chen-Ju Chen’s after Durban Discussion