Saturday, February 19, 2011

Cost $800.00 USD Climate Diplomacy

The course content is to be confirmed but will tentatively include the following one-week modules:

1.Climate Change Science, Causes and Impacts
2.Introduction to Climate Change Diplomacy
3.Implementation, Compliance and Enforcement of the UNFCCC and Kyoto Protocol
4.Mitigating Climate Change
5.Adapting to Climate Change
6.International Considerations for Climate Change Decision Making
7.Other Important Considerations for International Climate Change Negotiations
8.Towards a Post 2012 Agreement

Sunday, February 13, 2011

Tuna and Seal Products and the Appellate Body

The European Union closed its borders to seal products last year, when an EU court allowed the ban to proceed even though a Canadian legal challenge was still in progress.

"By moving ahead with this World Trade Organization challenge, we stand behind the thousands of Canadians in coastal and northern communities who depend on the seal harvest to provide a livelihood for their families," Shea said.

...

Shea said the panel would help take the emotion out of a ban that she said had "no basis in fact or in science." Animals rights activists said the harvest, which involves shooting or clubbing the animals to death, is inhumane.
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A while back, I looked briefly at the possible legal issues in the case in an ASIL Insight here. Quickly glancing at the piece again, I think everything there still applies. However, with all that is going on with non-discrimination issues and the TBT Agreement in U.S. - Tuna II (DS381) (DSC subscribers see here and here), U.S. - Clove Cigarettes (DS406) (see here and here) and a couple other cases, I'm not sure I would know how to argue the Seal Products case right now! It might be worth waiting to see what the panels and the Appellate Body say first about those cases before getting too deep into the substance of the Seal Products case.

4th WTO Dispute Settlement.March 8th 5-9pm

4th WTO Dispute Settlement


Fourth Annual Update on WTO Dispute Settlement
A Presentation and Debate on Cases & Developments in WTO Dispute Settlement during 2010
Tuesday, 8th March 2011 I 17.00 to 19.00
Venue
Auditoire Jacques Freymond (AJF)
132, Rue de Lausanne, Geneva

Organised by
The Graduate Institute's Centre for Trade and Economic Integration

Background
At the beginning of each year, on the occasion of the release of the Appellate Body’s Annual Report, the Centre gathers the chairs of the WTO Appellate Body, the Dispute Settlement Body, and the Negotiating Group on DSU Review in an Annual Update on WTO Dispute Settlement. Presentations by the chairs are followed by a roundtable discussion of the most important cases and developments of the past year. The Roundtable is composed of representatives of academia, the trade law bar, press and NGOs.

Programme

WTO Dispute Settlement Body Developments in 2010 17.00 - 18.00
H.E. Mr. Yonov Frederick Agah, (Nigeria) Chairperson of the DSB

Presentation on the 2010 Annual Report of the Appellate Body
Ms. Lilia R. Bautista, Chairperson of the Appellate Body

Roundtable discussion on WTO Dispute Settlement in 2010 18.00 - 19.00
with

Uranium Subsidies?

International Economic Law and Policy Blog: Uranium Subsidies?

ONE might not have too much sympathy for fossil fuel companies, currently enjoying all the benefits of high coal and oil prices. But they are crying foul in their competition with an (admittedly undersized) non-hydrocarbon fuel—uranium. According to America’s mining act of 1872, framed at a time when spurring development of the wide-open West was all the rage, no government agency can refuse a mining permit on federal land, or charge a royalty. And uranium is treated just like other hardrock minerals such as gold and copper. Oil, gas, coal and timber companies, by contrast, all have to pay substantial royalties, of up to 12.5% of gross income, when they extract from federal lands

International Economic Law and Policy Blog: WTO Dispute Settlement 2010: Cases and Developments

International Economic Law and Policy Blog: WTO Dispute Settlement 2010: Cases and Developments

Lesson 4: Sustainable Development Law and Climate Change

Lesson 4: Sustainable Development and Climate Change

It is well recognized that the climate change phenomenon has never been just an ‘environmental’ issue, as traditionally conceived. As a consequence, the ‘Climate Change Regime,’ from the outset, had a breadth and a contextual richness that went far beyond international environmental law stricto sensu. And the Climate Change Regime does not simply refer to the 1992 UN Framework Convention, the 1997 Kyoto Protocol and the work of the subordinate bodies established thereunder, either. To construe it in this way would be a gross simplification of the developing polity on climate change, and would also ignore the variety and complexity of the interactions and issues that permeate the climate change agenda. Rather, the Climate Change Regime consists of many official, semi‑official and non-official commercial, scientific and ‘public-interest’ communities that interact with and seek to influence the legal and political developments. It includes scientific cooperation bodies, such as the Intergovernmental Panel on Climate Change (IPCC), whose reports have proved an increasingly scientific basis for international action, as well as important NGOs and aboriginal communities who efforts to seek stronger commitments from sometimes recalcitrant governments and companies and engage in monitoring have been invaluable in developing international and domestic law on climate change.

Lesson 4: Sustainable Development and Climate Change

Climate change is one of the core areas of the emerging international and national law on sustainable development. The preamble to the United Nations Framework Convention on Climate Change affirms that “responses to climate change should be coordinated with social and economic development in an integrated manner with a view to avoiding adverse impacts on the latter, taking into full account the legitimate priority needs of developing countries for the achievement of sustained economic growth and the eradication of poverty.” Some have even gone so far as to say that the international response to climate change, along with the 1992 Convention on Biological Diversity, affirms “the place of ‘sustainable development’ in international law.”



Lesson 4: Sustainable Development and Climate Change
Three general observations can be made about international and national efforts to address climate change through the development of sustainable development law.



Lesson 4: Sustainable Development and Climate Change
First, the United Nations Framework Convention on Climate Change represents one of the most important attempts to balance between the serious concerns of different groups of developed and developing countries, with regards to the economic development strategies and industries of them all. This is particularly important in the treaty negotiations and continued efforts to refine the treaty, since the negotiations embraces both Northern and Southern concerns in a delicate balance, giving neither undue pre‑eminence to the global over the regional, national or local, nor ignoring the magnitude of the global problem. The Convention encourages continuing dialogue between and within developed and developing states and seeks to promote active negotiations between the parties. It involves differentiated moral and legal obligations on the countries party to the treaty. In addition, at a more substantive level, the United Nations Framework Convention on Climate Change represents evidence of the importance, if not legal necessity, of adopting a more integrated approach to international issues. Most may not want to go as far as former Vice-President Weeramantry in his separate opinion in Gabcikovo-Nagymaros (1997), where he puts forward his idea of sustainable development acting almost as a legal bridge between the right to development and the right to environmental protection, but nevertheless most would accept the emerging normative significance of Principle 4 of the Rio Declaration in this regard. As Principle 4 notes, “environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.” Integration is at the heart of sustainable development and, as this chapter will make clear, it may be sustainable development’s most important contribution to the legal

#2 World Bank Carbon Financing

Lesson 2G: The World Bank Carbon Finance Programme, and Prototype Carbon Fund
The World Bank's carbon finance programme is part of a series of initiatives to contribute to the global effort to combat climate change, and to the Bank's mission to reduce poverty and improve living standards in the developing world. The threat climate change poses to long-term development and the ability of the poor to escape from poverty is of particular concern to the World Bank. The impacts of climate change could unravel many of the development gains of the last several decades.
The World Bank is therefore trying to ensure that developing countries and economies in transition can benefit from international efforts to address climate change, including the emerging carbon market for greenhouse gas emission reductions. Their stated mission is to “catalyze a global carbon market through the purchase of high quality emission reductions in climate-friendly projects in developing countries and economies in transition”. The Carbon Finance Programme is the first large scale initiative that seeks to catalyze private sector investments to address a global environmental issue.



Lesson 2G: The World Bank Carbon Finance Programme, and Prototype Carbon Fund
The Prototype Carbon Fund (PCF) is a partnership between 17 companies and 6 governments, managed by the World Bank, which became operational in April 2000. As the first carbon fund, its mission is to pioneer the market for project-based greenhouse gas emission reductions while promoting sustainable development and offering a learning-by-doing opportunity to its stakeholders. The PCF will pilot production of Emission Reductions within the framework of Joint Implementation (JI) and the Clean Development Mechanism (CDM). The PCF will invest contributions made by companies and governments in projects designed to produce Emission Reductions fully consistent with the Kyoto Protocol and the emerging framework for JI and the CDM. Contributors, or "Participants" in the PCF, will receive a pro rata share of the Emission Reductions, verified and certified in accordance with agreements reached with the respective countries "hosting" the projects. Canada has contributed millions of dollars to the PCF, and expected to received certified carbon emission reduction credits to help it meet its Kyoto Protocol targets once the Protocol enters into force.



Lesson 2 Summary
In this Lesson, you learned about the terms and applicability of the United Nations Framework Convention on Climate Change.
You learned about the terms and applicability of the Kyoto Protocol to the United Nations Framework Convention on Climate Change.
You also learned about Joint Implementation and Clean Development Mechanisms.
Finally, you learned about controversies within the international climate change system.

Lesson 2: International and National Legal Issues

Lesson 2A: The UNFCCC

The United Nations Framework Convention on Climate Change (UNFCCC) entered into force in 1994. At present, there are 193 State Parties to the UNFCCC. Under the UNFCCC, State Parties have the following binding obligations:
According to “their common but differentiated responsibilities”:
Publish emissions of greenhouse gases.
Create national and/or regional policies to mitigate against climate change and adapt to the effects of climate change. Additionally, State Parties are required to incorporate climate change considerations in all aspects of their legal, legislative, and regulatory policies.

Lesson 2A: The UNFCCC

Promote technology and information transfer, especially in industries that are involved in greenhouse gas emissions.
Promote and cooperate in education, training and public awareness related to climate change and encourage the widest participation in this process, including that of non-governmental organizations”
Developed countries that are State Parties are required to adopt policies that will result in a reduction in their greenhouse gas emissions. Additionally, developed country State Parties are required to provide financial assistance to developing countries that seek to fulfill their greenhouse gas emissions requirements.

Lesson 2B: State Party Responses to UNFCCC

In response to State Party obligations under the UNFCCC, a number of State Parties, particularly least developed countries, have completed and submitted National Adaptation Programmes of Action, which identify the ways in which these States plan to adapt to the effects of climate change across many policy levels. These plans include legal changes and regulations that are geared toward helping the State adapt to climate change.
Building on the responsibilities set out in the UNFCCC, the State Parties enacted the Kyoto Protocol in order to further the legal goals of the UNFCCC.

Lesson 2C: The Kyoto Protocol
The Kyoto Protocol entered into force in 2005. At present, there are 190 State Parties to the Kyoto Protocol. Under the Kyoto Protocol, State Parties have the following binding obligations:
Developed countries are required to reduce their greenhouse gas emissions – including carbon – to set percentages of their 1990 emission rates.



Lesson 2C: The Kyoto Protocol
In order to meet these goals, a carbon trading system framework was created under the Kyoto Protocol. Included in this framework are the Clean Development Mechanism (CDM) and Joint Implementation (JI), mechanisms through which developed states can earn additional carbon credits for funding clean projects that assist developing or other developed countries in meeting their carbon emissions targets.
Additionally, the State Party responsibilities to monitor and implement national and local laws related to climate change, as set out in the UNFCCC, are stressed and amplified. Again, these requirements are subject to the common but differentiated responsibilities standard that was used in the UNFCCC.



Lesson 2C: Joint Implementation
Article 6 of the Kyoto protocol describes joint implementation between Annex 1 countries in these words: “For the purpose of meeting its commitments under Article 3, any Party included in Annex 1 may transfer to, or acquire from, any other such party emission reduction units resulting from projects aimed at reducing anthropogenic emissions by sources or enhancing anthropogenic removals by sinks of greenhouse gases in any sector of the economy…”

Lesson 2D: The Clean Development Mechanisms
Article 12 of the Kyoto Protocol establishes a clean development mechanism which objective is to “assist Parties not included in Annex 1 in achieving sustainable development and in contributing to the ultimate objective of the Convention and to assist Parties included in Annex 1 in achieving compliance with their quantified emission limitation and reduction commitments…”

Lesson 2D: The Clean Development Mechanisms
This mechanism thus allows:
This mechanism thus allows:
The Parties not in Annex 1 and that are not yet engaged in quantified reductions of GHG to benefit from activities executed within their territories which will translate into certified emissions reduction.
The Annex 1 parties to use the certified emissions reduction thus obtained to fulfill their engagement.

The CDM follows a logic of compensation, which supposes that the credited emissions reductions are real, quantifiable and link to a specific operation.



Lesson 2E: Carbon Sinks: A Controversial Topic
Another disputed question is whether, within the CDM, only projects reducing GHG emissions will be credited or if projects which remove existing or future carbon dioxide from the atmosphere, such as reforestation, should also be included.

Although joint implementation within the Annex 1 countries, as mentioned in Article 6 of the Protocol, includes “ any such projects provides a reduction in emissions by sources, or an enhancement of removals by sinks…”, the inclusions of sequestration projects is an ongoing debate within the CDM framework. Indeed, the option is not expressly mentioned in Article 12, which only talks about “emissions reduction”. It is completely silent on the option of using carbon sinks. A strict interpretation of Article 12 can thus, lead to exclude carbon sequestration from the field of CDMs. However, the question has not yet been settled.

Lesson 2E: Carbon Sinks: A Controversial Topic
It is appropriate to note that, during the pilot phase, joint activities of carbon sequestration have been registered.

Consequently, it is certain that carbon sinks implemented in developing countries will be included in the Kyoto flexible mechanisms, either as joint implementation or as clean development mechanisms, in the hypothesis that a larger interpretation is given to Article 12.

Lesson 2F: Other Controversies related to the Clean Development Mechanism
Lesson 1: Social, Economic and Environmental Aspects of Climate Change Law and Policy



Lesson 1A: What is Climate Change?
When we speak of climate change on a global scale, we are referring to changes in the climate of the Earth as a whole. This phenomena was once called ‘global warming’, but ‘global climate change’ is the more accurate term. It refers to an overall shift in the global climate of the Earth. This shift is caused the ‘greenhouse effect.’ The green house effect is the phenomenon by which the sun’s energy, in the form of radiation, is trapped in our atmosphere by particles of water and gases (commonly called the greenhouse gases, as explained below) that collect and create a shield which blocks heat from escaping.



Lesson 1A: What is Climate Change?
This warming of the air and the Earth’s surface leads to changes in heat distribution which in turn affect heat related phenomenon such as weather, water distribution, precipitation, wind patterns, etc. When the energy budget (overall ‘heat’ retention) of the planet is modified, it has an impact on the overall climate. Climate change is a change in the “average weather” that a given region experiences. Scientists estimate that, at the present rate, greenhouse gases could lead to the Earth’s temperature increasing by 1°C to 3.5°C. This might not seem much, until we consider that the difference between an ice age and the climate that we currently enjoy is a mere 2°C to 3°C, on a global level.



Lesson 1B: Greenhouse Gases and Their Effects
The “Greenhouse Effect”
The greenhouse effect is an important phenomenon that affects the global climate of the planet. The temperature of Earth is determined by the balance between the flux of incoming radiation from the sun and the amount of outgoing infrared radiation reverted back into space. This balance is what regulates the temperature on the Earth. On entering the Earth’s atmosphere, solar radiation is either absorbed or scattered. Clouds, atmospheric gases and aerosols are responsible for the scattering and absorption of solar radiation. The amount of radiation absorbed is added to the planet’s heat budget. If more radiation is entering than leaving, slowly the global temperature increases and this leads to an enhanced greenhouse effect.

Saturday, February 12, 2011

Koch Fertilizer Canada,Brandon Manitoba

Koch Fertilizer Canada, ULC owns a fertilizer complex in Brandon, Manitoba, and product
distribution terminals in Watson and Tuxford, Saskatchewan, and Oak Bluff, Manitoba. The
company and its affiliates, including Koch Nitrogen Company LLC, have the capability to
manufacture, market and distribute more than 10 million metric tons of fertilizer products
annually.
Safety and Environmental Commitment
Koch companies are committed to operating their businesses......Nitorgen,fertilzer,Brandon,Manitoba- water, too much nitrogen..

Koch Brothers Positioned To Be Big Winners If Keystone XL Pipeline Is Approved | SolveClimate News

Koch Brothers Positioned To Be Big Winners If Keystone XL Pipeline Is Approved SolveClimate
Newsa permit for the Keystone XL to be granted, he would be handing a big victory and great financial opportunity to Charles and David Koch, his bitterest political enemies and among the most powerful opponents of his clean economy agenda.

The two brothers together own virtually all of Koch Industries Inc. — a giant oil conglomerate headquartered in Wichita, Kan., with annual revenues estimated to be $100 billion.

A SolveClimate News analysis, based on publicly available records, shows that Koch Industries is already responsible for close to 25 percent of the oil sands crude that is imported into the United States, and is well-positioned to benefit from increasing Canadian oil imports.

A Koch Industries operation in Calgary, Alberta, called Flint Hills Resources Canada LP, supplies about 250,000 barrels of tar sands oil a day to a heavy oil refinery in Minnesota, also owned by the Koch brothers.

Flint Hills Resources Canada also operates a crude oil terminal in Hardisty, Alberta, the starting point of the proposed Keystone XL pipeline.
The company's website says it is "among Canada's largest crude oil purchasers, shippers

Carbon credits 'stolen'

Carbon credits 'stolen'
The European Commission suspended most of its Emissions Trading Scheme following the disclosure of a theft of 475,000 E.U. carbon dioxide emissions allowances (EUAs) from the Czech Republic's carbon registry. The EUAs, worth around 7 million euros, were transferred to an account in Poland, then Estonia, and then Lichtenstein, before disappearing.

It isn't the first scandal to hit the carbon market.

"This theft and a hacking attack on the Austrian registry on January 10 follows a raft of scandals to hit the market in the past two years, including VAT fraud, a phishing scam, and the resale of used carbon credits," states Reuters.

Kjersti Ulset, Manager European Carbon Market at Point Carbon, says the theft, while serious, represents only a small proportion of the market.

"Hacking attacks of this type have also occurred elsewhere within the EU in the recent past," said Ulset in a statement. "Although such incidents are negligible in terms of actual market impact they will over time undermine the credibility of carbon trading as a policy measure to reduce emissions in Europe. Immediate actions to improve the security of EU registries are thus needed."

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Enbridge Pipelines

Enbridge Pipelines Completes 2.93% Medium Term Notes Offering For $238 Million: A Move that may Support its Expansion Plans

Canada heeds softwood lumber ruling

AFP: Canada heeds softwood lumber ruling
Canada heeds softwood lumber ruling
(AFP) – 18 hours ago

OTTAWA — Canada will increase export charges on softwood lumber to the United States, the government said Friday after an arbitration court ruled it had wrongly subsidized lumber exports.

The London Court of International Arbitration last month supported US claims that Canada broke the terms of a five-year-old agreement on bilateral lumber trade.

After reviewing the decision, Trade Minister Peter Van Loan said the tribunal ruled that "loan guarantee programs that specifically benefit the softwood lumber industry contravene the Softwood Lumber Agreement."

To bring Canada into compliance with the pact, he said Ottawa will implement additional export charges of 0.1 percent and 2.6 percent for Ontario and Quebec, respectively.

"The government will complete the necessary steps in parliament to implement these additional charges as of March 1, 2011," the minister added.

Van Loan did not specify the amount of the charges, but the office of the US Trade Representative said last month Canada faced additional export levies of $59.4 million for violating the 2006 pact.

The complaint was the second by Washington against Ottawa over the lumber pact that has gone to arbitration.

The first, in 2007, was over Canada's miscalculation of export quotas and resulted in a $68 million fine.

The USTR lodged a third complaint last month, alleging that the province of British Columbia was setting an artificially low price for timber from public lands sold to lumber exporters -- which Van Loan rejected.

Monday, February 7, 2011

Sugar Tariffs,Canada & Central America

Canada - Central America Four (CA4)

The purpose of Canada's free trade agenda is to enhance its economic prosperity and help provide the foundation for sustainable economic and social development. Canada's regional and bilateral trade agreements are a means to ensure that its exporters and investors have competitive terms of access to international markets. A free trade agreement with the Central American Four countries (Honduras, El Salvador, Guatemala and Nicaragua – the CA4) would strengthen the commercial relationship between Canada and the CA4 countries. An agreement would not only help to preserve the competitive position of Canadian exporters and investors in the region, it would also create new opportunities for growth in these markets.

Saturday, February 5, 2011

CISDL

Open Invitation

The Centre for International Sustainable Development Law is pleased to invite you to an expert panel discussion on the topic of international law and climate change, at the McGill University Faculty of Law, on Tuesday February 8th, 2011. The event will focus on the outcomes of recent international negotiations and future perspectives for an international climate change regime.

4-5:30pm Law Old Chancellor Day Hall, 3644 Peel St. Room 16