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Ecological Debt and Multilateral Environmental Agreements (MEAs)

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... Environmental Agreements (MEAs) Jesse Lambrecht - Department of Public International Law (UGent) ... 'In what way can ecological debt be integrated?' 'What ... – PowerPoint PPT presentation

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Title: Ecological Debt and Multilateral Environmental Agreements (MEAs)


1
Ecological Debt and Multilateral Environmental
Agreements (MEAs)
  • Jesse Lambrecht - Department of Public
    International Law (UGent)

2
Outline
Ecological Debt and Multilateral Environmental
Agreements
  • Research framework
  • Links with MEAs
  • Obstacles

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

4
Research framework (2)
Ecological Debt and Multilateral Environmental
Agreements
  • Questions
  • In what way can ecological debt be integrated?
  • What are the obstacles in present context?
  • What kind of solutions might be found?

5
Research framework (2)
Ecological Debt and Multilateral Environmental
Agreements
  • Questions
  • In what way can ecological debt be integrated?
  • What are the obstacles in present context?
  • What kind of solutions might be found?

6
Working definition
Ecological Debt and Multilateral Environmental
Agreements
  • 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.

7
Outline
Ecological Debt and Multilateral Environmental
Agreements
  • Research framework
  • Links with MEAs
  • Obstacles

8
Links in existing MEAs (1)
Ecological Debt and Multilateral Environmental
Agreements
  • Examined MEAs
  • United Nations Framework Convention on Climate
    Change (UNFCCC) Kyoto Protocol
  • Convention on Biological Diversity (CBD)
    Cartagena Protocol
  • United Nations Convention to Combat
    Desertification (UNCCD)
  • 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)

9
Links in existing MEAs (2)
Ecological Debt and Multilateral Environmental
Agreements
  • No direct reference
  • Links indirect reference
  • Principle of intra- and intergenerational equity
  • Principle of common but differentiated
    responsibilities
  • Adaptation Fund (Kyoto Protocol)
  • Equitable Benefit Sharing (CBD)

10
Ecological Debt and Multilateral Environmental
Agreements
  • Principle of intra- and intergenerational equity
  • Principle 3, Rio Declaration
  • Protecting the environment for present and future
    generations
  • Several MEAs UNFCCC (Preamble, art. 3(1)) CBD
    (Preamble, art. 2) UNCCD (Preamble)

11
Ecological Debt and Multilateral Environmental
Agreements
  • Principle of common but differentiated
    responsibilities
  • Principle 7, Rio Declaration
  • Global environmental problems
  • 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) ...

12
Ecological Debt and Multilateral Environmental
Agreements
  • Adaptation Fund (Kyoto Protocol)
  • Background
  • 2001 - not yet operational
  • Finance implementation of concrete adaptation
    projects and programmes
  • Generated by 2 share of proceeds on CDM project
    activities additional funding
  • ? Special Climate Change Fund, ? Least Developed
    Countries Fund

13
Ecological Debt and Multilateral Environmental
Agreements
  • Equitable Benefit Sharing (CBD)
  • Art. 15 (7) and 19 (1) (2) CBD Fair sharing of
    benefits arising from the use of genetic
    resources
  • Biodiversity Prospecting Agreements
  • No other links concerning use of natural
    resources with equitable compensation

14
Other links (1)
Ecological Debt and Multilateral Environmental
Agreements
  • The Brazilian Proposal
  • UNFCCC legal instrument
  • 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
  • Historical responsibility
  • Keeps turning up in negotiations

15
Other links (2)
Ecological Debt and Multilateral Environmental
Agreements
  • Statements
  • Build up to WSSD
  • Backed by studies?

16
Outline
Ecological Debt and Multilateral Environmental
Agreements
  • Research framework
  • Links with MEAs
  • Obstacles

17
Obstacles
Ecological Debt and Multilateral Environmental
Agreements
  • Sovereign rights of states
  • Basic principle in International Law
  • Principle 21 Stockholm Declaration balancing?
  • ? International Seabed Authority
  • Most links are future-orientated
  • Use of natural resources with equitable
    compensation?

18
Final remarks
Ecological Debt and Multilateral Environmental
Agreements
  • Module Energy / Climate certain basis in MEAs
  • Module Agriculture / Food supply basis less
    evident
  • Need for further research
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