May/June 2009 / Features
Global Emissions Reduction Will Require Local Sacrifice
There is a disparity of views between developed and developing nations regarding reductions in greenhouse gas emissions. Developing countries argue that their per-capita emissions are far below those of developed countries, which bear the responsibility for the buildup of CO2 emissions over the last 100 years. Therefore developing countries should not share the burden of reducing emissions equally with the developed world. Developed countries insist all large emitters must be involved in battling climate change.
This is the challenge as the world looks past Kyoto’s expiration in 2012 to try to reach an agreement that all parties will accept. It probably will be necessary to devise a formula that measures developing nations’ total GHG emissions differently from those in developed countries while still achieving some reductions in developing countries emissions.
One approach is to focus on emissions intensity, or emissions in relation to GDP. Another would be based on a country’s per-capita emissions. The timing and stringency of commitments to cut emissions are also factors.
Without compromises on both sides, there is no hope of forging a multilateral, binding agreement to mitigate global GHG emissions. In the absence of such a breakthrough, we are left with ad hoc activities and a problem that undoubtedly will become more severe with the passage of time.
Jeffrey B. Margulies is a partner in the Los Angeles office of Fulbright & Jaworski L.L.P. He has extensive experience in a range of civil litigation. He is a founding member of Fulbright’s Climate Change Practice Group, which deals with issues associated with cap-and-trade and other greenhouse gas regulatory mitigation programs and technologies. Contact him at Jmargulies@fulbright.com.
