Document Type

Article

Disciplines

International Law

Abstract

This article shall serve as a critical assessment of an international environmental mitigation policy designed to lower greenhouse gas emissions, the Clean Development Mechanism ("CDM"). The Clean Development Mechanism is a multi-governmental administrative tool conceived by the Parties to the United Nations Framework Convention on Climate Change. In 1992, 192 nations ratified the United Nations Framework Convention on Climate Change; formally recognizing that global climate change is induced by human behavior.' It attributes primary responsibility upon Annex I (developed) countries.2 The treaty's ultimate objective is to stabilize "greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous [human] interference with the climate system."3 Article 7 established the Conference of the Parties ("COP") "as supreme body of [the] Convention."A "Ordinary sessions of the Conference of the Parties" are held on an annual basis.

In 1997, at the third Conference of the Parties in Kyoto Japan, the Kyoto Protocol was adopted.6 Currently, there are 192 Parties to the Kyoto Protocol ("Kyoto"), less the United States. Annex 1 signatories agreed to "ensure that their aggregate anthropogenic (human induced) carbon dioxide equivalent emissions of... greenhouse gases" are reduced "by at least 5 per cent below 1990 levels [during the treaty's commitment period] 2008 to 2012."' Kyoto has three mechanisms to assist countries comply with their greenhouse gas emission reduction commitments: Emissions Trading, Joint Implementation, and the Clean Development Mechanism ("CDM"). 9 The CDM encourages Annex I Parties to "assist in arranging finding" for projects in developing countries that provide "[r]eductions in emissions that are additional to any that would occur in the [project's] absence".' 0 "The purpose of the clean development mechanism [is to] assist... [developing countries] in achieving sustainable development and... to assist Parties included in Annex 1 in achieving compliance with their quantified emission limitation and reduction commitments."" Any developing country that is a Party to the Kyoto Protocol may host a CDM project.

First, this article shall describe the validation and registration process of CDM projects. It shall explore the various United Nations Agencies that are involved. Next, it shall discuss China and the continent of Africa, noting how the CDM is an environmentally inequitable method of emissions reduction for developing countries. The environmental and social aspects of ten CDM projects from China and Africa are described in significant detail. These projects were selected to demonstrate the project activity diversity and overall scope of the CDM. The last section sets forth a critical analysis of the current remediation measures, determining whether the CDM is sustainable for future global climate change mitigation. International financial incentives, schemes and barriers have greatly contributed to the inequitable distribution of the CDM projects. The banking and financial structure of the international lending market warrants significant research and discussion. This article defers that analysis to focus on the CDM project validation and registration process, the relevance of the project distribution problem, and whether or not the problem is remedial from a doctrinal basis.

Accessibility Requirements

1

Download

Share

COinS