Events

A Durban Deal or Deal-Breaker? – ‘Legal Form’ of the Climate Deal & the Future of the Kyoto Protocol

Date and Time

November 23, 2011

12:00 pm to 1:30 pm

Location

Centre for Policy Research invites you to a discussion on  A Durban Deal or Deal-Breaker? – ‘Legal Form’ of the Climate Deal & the Future of the Kyoto Protocol  Venue: Conference Hall, Centre for Policy Research Wednesday, November 23rd, 2011 5.30 – 7.00 pm The topic will be introduced by Lavanya Rajamani, Professor, and chaired by Navroz Dubash, Senior Fellow, both at CPR. This discussion is a part of CPR’s Climate Initiative and the International Law Seminar Series.  *** A Durban Deal or Deal-Breaker? – ‘Legal Form’ & the Future of the Kyoto Protocol The issue of ‘legal form’  – the debate over the legal nature of the ‘agreed outcome’ of the climate change negotiations under the FCCC – has been simmering beneath the surface of the climate negotiations since the current phase of negotiations were launched by the Bali Action Plan in 2007. This issue, however, is set to be one of the central issues at the upcoming Durban Climate Conference, one on which the success (or lack thereof) of the conference, and perhaps even the future of the multilateral process rests.   Four years later, the issue of ‘legal form’ is ripe for resolution. A majority of countries across the developed – developing country divide have coalesced in favor of a legally binding instrument to crystallize mitigation and other commitments that will chart the world through to a 2 or even 1.5 degree C world. The Alliance of Small Island States and other vulnerable countries, on the frontlines of climate impacts, in particular believe anything short of a legally binding instrument that generates predictability, certainty and accountability undermines the seriousness of their existentialist crisis. Further, the EU, among other developed countries, has explicitly linked an agreement on the legal form of the ‘agreed outcome’ to the survival of the Kyoto Protocol.  Since the Durban Conference offers a final opportunity to save the Kyoto Protocol, resolution of the issue of legal form will be central to its success. This will be no easy task since India, Brazil, China, and the United States, among others, are reluctant to close out the discussion on ‘legal form’ just yet. This seminar will seek to explore: o   The history of the ‘legal form’ debate in the climate negotiations o   Possible scenarios for the evolution of the climate regime (with or without the Kyoto Protocol) o   Linkages between the issues of ‘legal form’, architecture and differentiation o   Parties’ positions on ‘legal form’ o   Options and prospects for Durban    Please RSVP to confirm your attendance. Katha Kartiki  katha.kartiki@gmail.com