2575 J&J Organ of Glob Neg’s 30/11/04 2:20 pm Page i The Organization of Global Negotiations i The Organization of Global Negotiations: Constructing the Climate Change Regime 2575 J&J Organ of Glob Neg’s 30/11/04 2:20 pm Page iii The Organization of Global Negotiations iii The Organization of Global Negotiations: Constructing the Climate Change Regime Joanna Depledge London • Sterling, VA 2575 J&J Organ of Glob Neg’s 30/11/04 2:20 pm Page iv iv The Organization of Global Negotiations First published by Earthscan in the UK and USA in 2005 Copyright © Joanna Depledge, 2005 ISBN: 1-84407-046-8 hardback Typesetting by FiSH Books Printed and bound in the UK by Bath Press, Bath Cover design by Danny Gillespie For a full list of publications please contact: Earthscan 8–12 Camden High Street London, NW1 0JH, UK Tel: +44 (0)20 7387 8558 Fax: +44 (0)20 7387 8998 Email: [email protected] Web: www.earthscan.co.uk 22883 Quicksilver Drive, Sterling, VA 20166-2012, USA Earthscan is an imprint of James and James (Science Publishers) Ltd and publishes in association with WWF-UK and the International Institute for Environment and Development A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Depledge, Joanna. The organization of international negotiations: constructing the climate change regime/Joanna Depledge. p. cm. Includes bibliographical references and index. ISBN 1-84407-046-8 (hardback) 1. Climatic changes – International cooperation. 2. Environmental policy – International cooperation. I. Title QC981.8.C5D43 2005 363.738’75526–dc22 2004024.817 Printed on elemental chlorine-free paper 2575 J&J Organ of Glob Neg’s 30/11/04 2:20 pm Page v The Organization of Global Negotiations v Source: © Lawrence Moore 2575 J&J Organ of Glob Neg’s 30/11/04 2:20 pm Page vii The Organization of Global Negotiations vii Contents List of Figures, Tables and Boxes x Acknowledgements xii List of Acronyms and Abbreviations xiii 1 Introduction 1 2 The Organization of Global Negotiations 5 Introduction 5 The fundamentals of negotiations 5 Global intergovernmental negotiations: challenges 6 The organization of global negotiations 14 Summary and concluding remarks 17 3 The Challenges of the Climate Change Negotiations 18 Introduction 18 The climate change problem 18 The climate change negotiations and the climate change regime 21 The challenges of the climate change negotiations 26 The organization of the climate change negotiations 32 Summary and concluding remarks 34 4 Presiding Officers 35 Introduction 35 Mandate, functions and appointment 35 The roles of presiding officers 41 Skills and qualities 48 Summary and concluding remarks 53 5 Bureaux 54 Introduction 54 Composition 54 Mandate and functions 56 Informal roles 57 Skills and qualities 60 Summary and concluding remarks 60 6 The Secretariat 62 Introduction 62 Institutional arrangements 62 Mandate and functions 64 2575 J&J Organ of Glob Neg’s 30/11/04 2:20 pm Page viii viii The Organization of Global Negotiations The secretariat’s two masters 65 Supplying organizational energy to the negotiations 70 Summary and concluding remarks 77 7 Rules for the Conduct of Business 80 Introduction 80 Key rules and informal practices 80 Functions of rules and informal practices 81 Procedure as strategy 84 Putting the rules into practice 85 Summary and concluding remarks 90 8 Decision-making Rules 91 Introduction 91 Consensus and its contested meaning 91 The impact of the consensus imperative 94 Overcoming the threat of procedural blockage 96 Summary and concluding remarks 102 9 Negotiating Arenas 104 Introduction 104 The climate change institutions 105 Formal open arenas: plenary meetings and variants 106 Informal arenas: informal groups and informal consultations 113 Friends groups and shuttle diplomacy 122 Unofficial negotiations 132 The deal-making arena 134 Summary and concluding remarks 135 10 Complementary Forums: Workshops, Roundtables and Others 137 Introduction 137 Workshops and roundtables 137 Side events and ad hoc meetings 143 Summary and concluding remarks 144 11 Texts 145 Introduction 145 Documentation in the climate change regime 146 The development of texts in the climate change negotiations 147 The raw material: miscellaneous documents 149 Precursor texts 151 Single negotiating texts 152 Chair’s texts 156 The final negotiating texts 163 Summary and concluding remarks 164 2575 J&J Organ of Glob Neg’s 30/11/04 2:20 pm Page ix Contents ix 12 Time Management 171 Introduction 171 Duration 171 The use of time 175 Time management in the Kyoto Protocol negotiations 179 Time management in the post-Kyoto negotiations 183 Negotiation by exhaustion 190 Summary and concluding remarks 193 13 The Political and the Technical: Ministerial Input 194 Introduction 194 The high-level segment 194 The general debate 195 Roundtable forums 197 Direct participation 201 Summary and concluding remarks 207 14 Participation by Non-governmental Organizations 209 Introduction 209 NGOs and the climate change regime 209 Rules for admission 212 Channels for participation 216 Side events and exhibits 226 Unofficial vehicles 229 Summary and concluding remarks 230 15 Conclusions: Twelve Key Insights 231 Notes 237 References 243 Index 253 2575 J&J Organ of Glob Neg’s 30/11/04 2:20 pm Page x x The Organization of Global Negotiations List of Figures, Tables and Boxes Figures 3.1 The basic institutional structure of the climate change regime 22 3.2 International treaty-making: A model for global democracy 29 Tables 3.1 The three main phases of the climate change negotiations 27 4.1 COP presidents to date 38 4.2 Chairs of the SBSTA and SBI to date 40 9.1 Main types of negotiating arenas in the climate change regime 105 9.2 Working bodies of the COP 111 9.3 Key friends groups convened under the COP or AGBM in the climate change regime up to the adoption of the Marrakesh Accords 126 11.1 Official and semi-official documentation of the climate change regime 148 11.2 The textual development process 149 11.3 Textual development of the Kyoto Protocol negotiations 166 11.4 Textual development on the package of key political issues in the post-Kyoto negotiations, resulting in the Bonn Agreements 167 11.5 Textual development on the flexibility mechanisms in the post- Kyoto negotiations, resulting in the Marrakesh Accords 168 11.6 Textual development on compliance in the post-Kyoto negotiations, resulting in the Marrakesh Accords 169 11.7 Textual development on LULUCF in the post-Kyoto negotiations, resulting in the Marrakesh Accords 170 12.1 Comparison of duration with other environmental negotiations 172 13.1 Ministerial roundtables held in the climate change regime 202 14.1 Statements made by NGOs at COP sessions 220 14.2 Extract from the daily programme of meetings for Wednesday 10 December 2003 at COP 9 227 Boxes 3.1 Key elements of the UN Framework Convention on Climate Change 21 3.2 Key elements of the Kyoto Protocol 24 2575 J&J Organ of Glob Neg’s 30/11/04 2:20 pm Page xi List of Figures, Tables and Boxes xi 3.3 Major coalitions in the climate change regime and their basic positions 30 7.1 Funding for participation 83 8.1 The ‘almost vote’ 99 9.1 Informal plenary meetings 108 9.2 Making up for the failure of COP 6: The open-ended informal high-level consultations in Scheveningen, the Netherlands, June 2001 125 10.1 Complementary forums 139 10.2 The AGBM roundtables 141