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

Outline Research framework Research framework Links with MEAs Links with MEAs Obstacles Obstacles Ecological Debt and Multilateral Environmental Agreements

Research framework (1) VLIR-BVO project: core research + modular research VLIR-BVO project: core research + modular research Module 3: Module 3: MEAs MEAs January – June 2004 January – June 2004 Ecological Debt and Multilateral Environmental Agreements

Research framework (2) Questions: Questions: “In what way can ecological debt be integrated?” “In what way can ecological debt be integrated?” “What are the obstacles in present context?” “What are the obstacles in present context?” “What kind of solutions might be found?” “What kind of solutions might be found?” Ecological Debt and Multilateral Environmental Agreements

Research framework (2) Questions: Questions: “In what way can ecological debt be integrated?” “What are the obstacles in present context?” “What kind of solutions might be found?” “What kind of solutions might be found?” Ecological Debt and Multilateral Environmental Agreements

Working definition The ecological debt of country A consists of: The ecological debt of country A consists of: 1. The ecological damage caused over time by country A in other countries or in an area under jurisdiction of another country through its production and consumption patterns; and/or 2. The ecological damage caused over time by country A to ecosystems beyond national jurisdiction through its consumption and production patterns; and/or 3. the exploitation or use of ecosystems and ecosystem goods and services over time by country A, at the expense of the equitable rights to these ecosystems and ecosystem goods and services by other countries or individuals. Ecological Debt and Multilateral Environmental Agreements

Outline Research framework Research framework Links with MEAs Links with MEAs Obstacles Obstacles Ecological Debt and Multilateral Environmental Agreements

Links in existing MEAs (1) Examined MEAs: Examined MEAs: United Nations Framework Convention on Climate Change (UNFCCC) & Kyoto Protocol United Nations Framework Convention on Climate Change (UNFCCC) & Kyoto Protocol Convention on Biological Diversity (CBD) & Cartagena Protocol Convention on Biological Diversity (CBD) & Cartagena Protocol United Nations Convention to Combat Desertification (UNCCD) United Nations Convention to Combat Desertification (UNCCD) Vienna Convention for the Protection of the Ozone Layer (Vienna Convention) & Montreal Protocol Vienna Convention for the Protection of the Ozone Layer (Vienna Convention) & Montreal Protocol Convention concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention) Convention concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention) Ecological Debt and Multilateral Environmental Agreements

Links in existing MEAs (2) No direct reference No direct reference Links: ‘indirect’ reference Links: ‘indirect’ reference Principle of intra- and intergenerational equity Principle of intra- and intergenerational equity Principle of common but differentiated responsibilities Principle of common but differentiated responsibilities Adaptation Fund (Kyoto Protocol) Adaptation Fund (Kyoto Protocol) Equitable Benefit Sharing (CBD) Equitable Benefit Sharing (CBD) Ecological Debt and Multilateral Environmental Agreements

Principle of intra- and intergenerational equity: Principle of intra- and intergenerational equity: Principle 3, Rio Declaration Principle 3, Rio Declaration Protecting the environment for present and future generations Protecting the environment for present and future generations Several MEAs: UNFCCC (Preamble, art. 3(1)); CBD (Preamble, art. 2); UNCCD (Preamble) Several MEAs: UNFCCC (Preamble, art. 3(1)); CBD (Preamble, art. 2); UNCCD (Preamble) Ecological Debt and Multilateral Environmental Agreements

Principle of common but differentiated responsibilities: Principle of common but differentiated responsibilities: Principle 7, Rio Declaration Principle 7, Rio Declaration Global environmental problems Global environmental problems Developed countries have different (= larger) responsibility Developed countries have different (= larger) responsibility Several MEAs: UNFCCC (art. 3(1), 4(1)); Kyoto Protocol (art. 10, art. 13 (4), c and d); Montreal Protocol (art. 5)... Several MEAs: UNFCCC (art. 3(1), 4(1)); Kyoto Protocol (art. 10, art. 13 (4), c and d); Montreal Protocol (art. 5)... Ecological Debt and Multilateral Environmental Agreements

Adaptation Fund (Kyoto Protocol): Adaptation Fund (Kyoto Protocol): Background Background ° not yet operational ° not yet operational Finance implementation of concrete adaptation projects and programmes Finance implementation of concrete adaptation projects and programmes Generated by 2% share of proceeds on CDM project activities + additional funding Generated by 2% share of proceeds on CDM project activities + additional funding  Special Climate Change Fund,  Least Developed Countries Fund  Special Climate Change Fund,  Least Developed Countries Fund Ecological Debt and Multilateral Environmental Agreements

Equitable Benefit Sharing (CBD): Equitable Benefit Sharing (CBD): Art. 15 (7) and 19 (1) & (2) CBD: Fair sharing of benefits arising from the use of genetic resources Art. 15 (7) and 19 (1) & (2) CBD: Fair sharing of benefits arising from the use of genetic resources Biodiversity Prospecting Agreements Biodiversity Prospecting Agreements No other links concerning use of natural resources with equitable compensation No other links concerning use of natural resources with equitable compensation Ecological Debt and Multilateral Environmental Agreements

Other links (1) The Brazilian Proposal: The Brazilian Proposal: UNFCCC + ‘legal instrument’ UNFCCC + ‘legal instrument’ Use of an agreed simple climate model Use of an agreed simple climate model GHG emission reductions of industrialised countries based on contribution to temp. increase on earth, not on current emissions GHG emission reductions of industrialised countries based on contribution to temp. increase on earth, not on current emissions Historical responsibility Historical responsibility Keeps turning up in negotiations Keeps turning up in negotiations Ecological Debt and Multilateral Environmental Agreements

Other links (2) Statements: Statements: Build up to WSSD Build up to WSSD Backed by studies? Backed by studies? Ecological Debt and Multilateral Environmental Agreements

Outline Research framework Research framework Links with MEAs Links with MEAs Obstacles Obstacles Ecological Debt and Multilateral Environmental Agreements

Obstacles Sovereign rights of states: Sovereign rights of states: Basic principle in International Law Basic principle in International Law Principle 21 Stockholm Declaration: balancing? Principle 21 Stockholm Declaration: balancing?  International Seabed Authority  International Seabed Authority Most links are future-orientated Most links are future-orientated Use of natural resources with equitable compensation? Use of natural resources with equitable compensation? Ecological Debt and Multilateral Environmental Agreements

Final remarks Module Energy / Climate: certain basis in MEAs Module Energy / Climate: certain basis in MEAs Module Agriculture / Food supply: basis less evident Module Agriculture / Food supply: basis less evident Need for further research Need for further research Ecological Debt and Multilateral Environmental Agreements