Climate change is a global challenge and requires a global solution. Through analysis and dialogue, the Center for Climate and Energy Solutions is working with governments and stakeholders to identify practical and effective options for the post-2012 international climate framework. Read more


Elliot Diringer Discusses Durban Outcome on E&E TV

Watch the Interview

December 19, 2011

Following the dramatic close to the U.N. Framework Convention on Climate Change's conference in Durban, South Africa, what progress was made toward a new agreement? On E&E TV's OnPoint, Elliot Diringer discusses the outcome of the Durban talks and the critical challenges ahead. Click here to watch the interview.

Click here for additional information on the Durban conference.

Australia's Carbon Pricing Mechanism

Australia's Carbon Pricing Mechanism

December 2011

Download the full brief (PDF)



Australia’s Clean Energy Future plan is a comprehensive set of national policies aimed at reducing greenhouse gas emissions and driving investments in clean energy. At its core is a carbon pricing mechanism starting in July 2012 and covering approximately 60 percent of Australia’s emissions. The pricing mechanism begins with a fixed carbon price for the first three years, then transitions to a cap-and-trade program. Revenue generated by the carbon price will be used to ease costs for households and industry and for investment in renewable power, energy efficiency, and other low-carbon alternatives. This brief summarizes the carbon price mechanism and other key features of the Clean Energy Future plan.



On November 8, 2011, the Australian Senate gave final approval to the government’s Clean Energy Future climate change plan outlining a series of measures to reduce greenhouse gas (GHG) emissions and drive investment in clean energy. A central element of the plan is a carbon pricing mechanism directly covering 50 percent of Australia’s emissions and providing direct financial support for renewable energy, energy efficiency, reducing emissions from land-use and forestry, and other elements. The mechanism starts with a fixed price for the first three years from 2012 to 2015 (AUD 23, rising with inflation to about AUD 25 at the end of the fixed-price period). It then transitions from 2015 to 2018 to a cap-and-trade program, with a price cap and price floor. Regulations to implement the plan are being developed. Other principal elements of the plan include:

  • A long-term target of reducing GHG emissions 80 percent below 2000 levels by 2050;
  • Over 50 percent of revenue generated from the carbon price is returned to households, particularly low-income ones, through tax relief and greater family benefit payments;
  • Revenue generated by the program, along with additional government resources, will be used to ease the impact on trade-exposed industries and workers, and boost investments in renewable power, energy efficiency and other low-carbon alternatives;
  • Implementation of the plan is expected to cost the government AUD 4.3 billion over the first four years, over and above revenue generated;
  • Emissions from sectors not directly covered by the carbon price, such as certain fuels and synthetic gases, are indirectly addressed through changes to existing levies and taxes;
  • Politically sensitive sectors are carved out of the mechanism: agriculture is addressed separately through an incentive-based scheme, and road transport fuels are largely exempt from the carbon price;
  • Three new governance institutions are established to administer, oversee, and advise on all areas of the plan.

Evaluating Durban

This post orginally appeared in the Opinio Juris blog.

Was the Durban climate conference a success or failure?  As always, the answer depends on one’s frame of reference.

As compared to the expectations going in, the outcome was more than I think most people thought possible. In a pre-Durban paper entitled “W[h]ither the Kyoto Protocol,” I identified three scenarios: (1) business-as-usual, with modest progress in developing the Copenhagen/Cancun framework and no political breakthroughs; (2) agreement to a “political” (not legally-binding) second commitment period under the Kyoto Protocol; and (3) agreement to a Kyoto Protocol amendment establishing a second commitment period, combined with a mandate for a new negotiating process to develop a legally-binding agreement addressing the emissions of the other major economies.  Many thought that (1) was the default option, (2) represented the best-case scenario, and (3) was politically unrealistic.  But the Durban outcome is in fact closest to (3):

  • It wrapped up much of the remaining work to elaborate the Copenhagen/Cancun process, by adopting the governing instrument of the new Green Climate Fund and transparency rules for both developed and developing countries' pledges.
  • It agreed to extend the Kyoto Protocol by another 5-8 years.  Although the emissions targets for Kyoto’s second commitment period still need to be worked out, and the formal amendment won’t be adopted until next year, the basic political decision to extend the Protocol was made in Durban.
  • It agreed to launch a new negotiating process to develop a “protocol, another legal instrument, or agreed outcome with legal force,” addressing the post-2020 period  and “applicable to all Parties.”

Durban – How Big a Deal?

Only time will tell whether the Durban climate talks produced an historic breakthrough.  It’s possible.   What’s clear for now is that the Durban deal keeps the global climate effort intact and moving – however incrementally – in the right direction.

The deal is delicately poised between two eras – the fading age of Kyoto, and a new phase beyond Kyoto, with developed and developing countries presumably on a more equal footing.

Politically, there were four essential ingredients to the deal: Developing countries – and South Africa in particular – were adamant that Kyoto not die on African soil.  Europe was adamant that it would only do another round of Kyoto if Durban launched new talks toward a comprehensive binding agreement.  The United States (along with Japan, Australia, Canada and Russia) was adamant that any such agreement include major developing countries too.  And, for the first time, China, India and other emerging economies appeared to agree.

The result: Europe (and a handful other developed countries) agreed to a “second commitment period” under Kyoto, with their new targets to be put in legal form next year.  And parties launched the Durban Platform, aimed at producing a new deal by 2015 to take effect in 2020.

Statement on the UN Climate Change Conference in Durban

Statement of Elliot Diringer
Executive Vice President
Center for Climate and Energy Solutions

December 11, 2011

The Durban deal is a solid step in the right direction.  It preserves Kyoto for now, but more importantly, lays a path toward a more balanced agreement.

For the near term, the deal builds on the progress made in Copenhagen and Cancún with practical steps to strengthen the multilateral climate framework.  The most important of these are the new Green Climate Fund and a stronger transparency system so countries can better assess each others’ efforts.  These incremental steps will help strengthen action and confidence, and build a stronger foundation for a future agreement.

For the longer term, parties launched a new round of negotiations toward a post-2020 agreement.  The United States stood firm on the need for a more balanced approach, and China and other emerging economies conceded that by 2020 they need to be full partners in this effort.  Negotiating the details will be extremely tough.  But the broad terms reached in Durban help ensure that any future treaty will include commitments from both developed and developing countries.

A binding deal is important, but what’s most urgent right now is strengthening political will and action on the ground.  We all need to go back home and redouble our efforts for stronger national action.  In the U.S. in particular, we need the public more engaged and the politicians less afraid to acknowledge and address the reality of climate change.

Contact: Tom Steinfeldt, 703-516-4146

Click here for more information on the Durban climate conference. 

The Question of Binding

The immediate fate of the Kyoto Protocol may be the headline issue at the U.N. climate talks now underway in Durban, South Africa.  But the real linchpin to any deal is not Kyoto – it’s whether or not parties can agree to any path beyond it.

What that may boil down to is whether governments are prepared to say that their goal, ultimately, is binding climate commitments.  We believe they should.

Durban Climate Conference - COP 17

UN Climage Change Conference
COP 17 & CMP 7

Durban, South Africa
November 28-December 11, 2011

In what could prove to be a key transitional moment, governments meeting at the United Nations Climate Change Conference in Durban, South Africa, adopted a package of decisions initiating another phase of the Kyoto Protocol and simultaneously launching a new round of talks aimed at producing a successor agreement starting in 2020. 


Other Resources:

Find key resources, insights, and analysis of the global climate change negotiations on this page.

New Publications:

  • Multilateral Climate Efforts Beyond the UNFCCC, November 2011.
    A number of established multilateral regimes offer important avenues for climate mitigation efforts complementary to those of the U.N. Framework Convention on Climate Change (UN FCCC ). Tackling discrete dimensions of the climate challenge in regional, sectoral and other global venues can yield action on multiple fronts, contributing toward closing the gap between national pledges and the UN FCCC goal of limiting warming to 2 degrees Celsius. This brief examines ongoing and potential efforts in the International Maritime Organization, the International Civil Aviation Organization, the Montreal Protocol, and the Convention on Long-Range Transboundary Air Pollution.
  • Common Metrics: Comparing Countries’ Climate Pledges, September 2011.
    To enable a better understanding of the mitigation pledges offered under the Copenhagen Accord and the Cancún Agreements, this analysis converts the 2020 pledges of the major economies into four common metrics: percent change in greenhouse gas emissions from 1990; percent change from 2005; percent change from “business as usual” and; percent change in emissions intensity from 2005.
  • W[h]ither the Kyoto Protocol? Durban and Beyond, August 2011.
    This discussion paper analyzes the options going forward for the Kyoto Protocol, including adoption of a legally-binding second commitment period, a “political” second commitment period, or no new commitment period. It also considers the legal implications of a gap between the end of Kyoto’s first commitment period and the adoption of a new legal regime to limit emissions, the prospects for the Clean Development Mechanism in the absence of a second Kyoto commitment period, and the relationship between the Kyoto Protocol negotiations and the emerging regime under the Cancun Agreements.

Press Briefings in Durban:

  • Monday, December 5
    C2ES Executive Vice President Elliot Diringer and VP for Strategic Outreach Manik Roy share their insights and take questions on the outlook for Durban and for U.S. climate policy. Click to watch.
  • Tuesday, December 6
    Elliot Diringer joins Arizona State University Law Professor Dan Bodansky to discuss multilateral climate efforts beyond the UNFCCC. This is the subject of a C2ES report authored by Bodansky. Click to watch.


Making Progress in Durban

Download the full brief (pdf)

The United Nations Climate Change Conference in Durban is an opportunity to strengthen the international climate framework. The top priority should be implementing the Cancún Agreements with steps to: 1) improve the transparency of countries’ efforts, and 2) strengthen support for developing countries, including a new Green Climate Fund. If established, a second commitment period under the Kyoto Protocol should be transitional in nature. Looking ahead, parties should set the longer-term aim of working toward a comprehensive binding agreement.  

At the Seventeenth Conference of the Parties (COP 17) in Durban, South Africa, parties to the U.N. Framework Convention on Climate Change (UNFCCC) face immediate decisions on strengthening key aspects of the multilateral climate system, and issues concerning the future direction of the international effort.  A central issue for many countries is the future of the Kyoto Protocol, whose emission targets expire at the end of 2012.

World leaders agreed two years ago in the Copenhagen Accord to a goal of limiting warming to 2 degrees Celsius and to establish new mechanisms to strengthen the international effort. More than 80 countries pledged 2020 targets or actions under the Accord, and its essential elements were formally incorporated into the UNFCCC in last year’s Cancún Agreements. Parties were able to agree on a broad package of incremental steps in Cancún in part by putting aside differences on the regime’s future direction and legal form.  With the Kyoto targets expiring, however, those issues are now reemerging.

In Durban, parties should again strive for tangible near-term progress even if they remain stalemated on the longer-term legal issues. By building on the Copenhagen and Cancún agreements, a well-crafted Durban outcome can help cement a new phase in the evolution of the climate regime: taking steps to incrementally strengthen the international architecture – and, thereby, national efforts – while working toward the goal of a comprehensive binding agreement.

Key Operational Decisions

Strengthening the UNFCCC architecture can promote stronger action in the near term, build parties’ confidence, and create a foundation for a future binding outcome. The Cancún Agreements established the basic parameters of new mechanisms on finance, transparency, adaptation, technology and forestry. Decisions are needed in Durban to begin operationalizing them.  

Improving Transparency.  The Cancún Agreements called for a series of measures to strengthen and expand the UNFCCC’s system for the measurement, reporting and verification (MRV) of countries’ actions. In Durban, parties should begin implementing these measures by:

  • Adopting guidelines and an initial deadline for new biennial reports from countries on progress in implementing their pledged targets and actions and, for developing countries, on greenhouse gas inventories. (Developed countries already submit annual greenhouse gas inventories.)
  • Adopting procedures for International Assessment and Review (IAR) and International Consultations and Analysis (ICA), two new processes to periodically assess the national mitigation efforts of developed and developing countries, respectively, and support from developed countries. Both processes should include technical analysis of countries’ reports; open sessions where parties present and take questions on their implementation efforts; public release of inputs and proceedings; and “facilitative” consequences (assistance to improve implementation).

Mobilizing Finance. The Cancún Agreements set finance goals for 2010-2012 and for 2020, and called for a new Green Climate Fund and a new Standing Committee on finance.  In Durban, parties should:

  • Establish the Green Climate Fund by adopting the governing instrument negotiated by the Transitional Committee, which provides for: a 24-member board, with equal representation from developed and developing countries, operating “under the guidance” of the UNFCCC Conference of the Parties (COP); an independent secretariat;  funding windows for mitigation and adaptation; and a facility to finance private sector activities.
  • Establish the Standing Committee to promote coordination among climate funding mechanisms, monitor financial flows, and advise the COP on finance needs and effectiveness.
  • Provide assurances of continued finance between the “fast-start” period (2010-12) and 2020, and launch a process to explore potential long-term sources of finance.

Kyoto Second Commitment Period

Without binding commitments by the United States and the major emerging economies, most other developed countries are unwilling to assume new binding emission targets under the Kyoto Protocol. However, the European Union and some others are prepared to enter into a second commitment period established by a decision of the parties (rather than a legally binding amendment to the Protocol) – provided parties launch a process in Durban to negotiate a comprehensive binding agreement for the post-2020 period. Such a “political” second commitment period would ensure Kyoto’s survival on a transitional basis as parties work toward a successor agreement.  Kyoto mechanisms such as the Clean Development Mechanism (CDM) remain operational even without binding emission targets.

Future of the Climate Framework

In Cancún, parties agreed to a review in 2013-2015 of the adequacy of the 2-degree goal and of “overall progress towards achieving it.” The Cancún Agreements sidestepped the question of future commitments, saying that “nothing in this decision shall prejudge prospects for, or the content of, a legally binding outcome in the future.”  While most parties voice support for the goal of binding commitments, they remain far apart on the specific form or timing. In Durban, parties should:

  • Agree that the 2013-2015 review will consider not only the adequacy of the long-term goal and existing commitments, but also the broader structure of the UNFCCC.
  • Affirmatively declare their intent to work toward a comprehensive binding agreement, while leaving open all options on specific legal form.

Other resources:


Press Release: New Report Examines Options for International Climate Action

Press Release                                        
November 21, 2011
Contact: Tom Steinfeldt, 703-516-4146

Looks at Opportunities in Multilateral Venues Beyond UN Framework Convention

WASHINGTON, D.C. – A new report released today by the Center for Climate and Energy Solutions (C2ES) highlights opportunities to strengthen efforts to reduce greenhouse gas emissions through multilateral agreements other than the U.N. Framework Convention on Climate Change (UNFCCC).

The policy brief, Multilateral Climate Efforts Beyond the UNFCCC, examines ongoing and potential climate-related efforts in four venues:  the International Maritime Organization (IMO), the International Civil Aviation Organization (ICAO), the Montreal Protocol, and the Convention on Long-Range Transboundary Air Pollution (CLRTAP).

“The UNFCCC must continue playing a central role in mobilizing the global response to climate change, but it can’t do the job on its own,” said C2ES President Eileen Claussen.  “Our climate and energy issues are multi-faceted, and different multilateral forums offer opportunities to tackle different dimensions of the overall challenge.  We need to pursue every available avenue if we want to make real progress.”

The brief notes that sectoral forums such as IMO and ICAO can target efforts to specific emissions-intensive sector; regional agreements such as CLRTAP can address pollutants such as black carbon with largely regional impacts; and the Montreal Protocol, which has already made a significant indirect contribution to the climate effort, can contribute further through limits on hydrofluorocarbons (HFCs).

The brief was authored by Daniel Bodansky, the Lincoln Professor of Law, Ethics, and Sustainability at Arizona State University’s Sandra Day O'Connor College of Law.  Bodansky, a leading authority on the multilateral climate effort, last year coauthored The Evolution of Multilateral Regimes: Implications for Climate Change, a report by the Pew Center on Global Climate Change, C2ES’s predecessor organization.

“At the start of the international effort, many hoped that climate change could be addressed through a single comprehensive agreement.  But 20 years of experience tell us that we need a more incremental, evolutionary approach,” Bodansky said.  “While the UNFCCC will likely remain the hub of the global effort, complementary efforts in other multilateral forums can make a major contribution to its evolution and, hopefully, to its success.”


About C2ES
The Center for Climate and Energy Solutions (C2ES) is an independent non-profit, non-partisan organization promoting strong policy and action to address the twin challenges of energy and climate change. Launched in November 2011, C2ES is the successor to the Pew Center on Global Climate Change, long recognized in the United States and abroad as an influential and pragmatic voice on climate issues. C2ES is led by Eileen Claussen, who previously led the Pew Center and is the former U.S. Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs.


Multilateral Climate Efforts Beyond the UNFCCC

November 2011

by Daniel Bodansky

Download the full brief (pdf)

Press Release


A number of established multilateral regimes offer important avenues for climate mitigation efforts complementary to those of the U.N. Framework Convention on Climate Change (UN FCCC ). Tackling discrete dimensions of the climate challenge in regional, sectoral and other global venues can yield action on multiple fronts, contributing toward closing the gap between national pledges and the UN FCCC goal of limiting warming to 2 degrees Celsius. This brief examines ongoing and potential efforts in the International Maritime Organization, the International Civil Aviation Organization, the Montreal Protocol, and the Convention on Long-Range Transboundary Air Pollution.


Global climate change draws the attention of governments at every level, from the village board to the U.N. Security Council. At the international level, the U.N. Framework Convention on Climate Change (UNFCCC) has been the hub of efforts to address the threat of climate change. But over time, many other international institutions have become engaged in climate-related work. Indeed, one recent study identified more than sixty institutions that perform some governance function, broadly defined. These include international organizations such as the International Maritime Organization (IMO), the International Civil Aviation Organization (ICAO) and the World Bank, privately-sponsored initiatives such as the Greenhouse Gas Protocol, and publicprivate partnerships. Together these institutions form what some have called a “transnational regime complex” related to climate change.

Tackling the climate change problem outside the UNFCCC presents both risks and opportunities. On the one hand, proceeding in a piecemeal way in multiple forums may fragment efforts, making it more difficult to mobilize strong global action. On the other hand, given the breadth and complexity of the climate challenge and the limited progress within the UNFCCC, tackling discrete dimensions of the climate challenge in other forums can allow targeted, incremental progress in the near-term, building toward a stronger global response. Moreover, given uncertainties about the success of any individual negotiating process (including the UNFCCC), diversifying one’s portfolio of policy approaches helps reduce the risk of failure.

Among other reasons to pursue climate efforts in other multilateral forums:

  • In institutions with a track record of success, such as the Montreal Protocol on Substances that Deplete the Ozone Layer, participants have developed working relationships that help instill trust and promote cooperation.
  • Institutions with a sectoral focus, such as the IMO and the ICAO, have a tradition of cooperation that can help facilitate agreement, and allow a response tailored to the specific nature of the sector.
  • Some institutions have procedural rules that make agreement more likely. For example, in contrast to the consensus rule in the UNFCCC, the IMO allows decisions to be made by a qualified majority vote—a voting rule that allowed the recent adoption of mandatory efficiency standards for new ships, despite opposition by China, Brazil, Saudi Arabia, and others.
  • Some, such as the Convention on Long-Range Transboundary Air Pollution (CLRTAP), provide a regional forum for action where established relations may make it easier to achieve agreement around shared interests and objectives, particularly where regional aspects of climate change are at issue.

This paper examines the status of, and prospects for, climate-related efforts in a number of established multilateral regimes—specifically, the IMO, ICAO, the Montreal Protocol and CLRTAP. It focuses, in particular, on options to use these negotiating forums to limit emissions. In taking this focus, this paper does not address other important subjects, including (1) work related to adaptation; (2) the host of activities by sub-state actors, private groups, and public-private partnerships to address climate change; (3) the broader political discussions of the climate change issue in forums such as the U.N. Security Council, the G-20, the Major Economies Forum (MEF), and the U.N. Human Rights Council; and (4) the potential to address climate change through adjudication or other forms of dispute settlement.

Daniel Bodansky
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