A hard instrument goes soft: The implications of the Convention on Biological Diversity's current trajectory

The relentless loss of biological diversity, which will have a direct impact on human society and degrade ecosystem buffers against the extremes of climate perturbation, requires a strong global governance response. Of the numerous international legal instruments relating to the protection of nature, the Convention on Biological Diversity (CBD) is the most comprehensive. This paper examines its current emphasis on global biodiversity targets to extend our understanding of its trajectory, and its evolving nature as an instrument of global governance. We review CBD documents, and early examinations of its emergent character, in the context of the distinction between hard and soft law approaches, and combine analysis on the issue of targets from the literature on development, climate change and conservation biology. We emphasise that the CBD, created as a hard law instrument with a framework character, had the clear facility to develop subsidiary hard law instruments in the form of protocols but has not significantly followed this route. We document how its approach - which has been typically ‘soft’, as exemplified by its focus on global biodiversity targets which are not backed up by obligations - suggests it operates de facto as policy rather than an instrument requiring state action. The adoption of global targets has parallels with other initiatives within global governance and may influence international political agendas, but they have failed to provide practical instruments for national implementation. Conditions may now exist for the CBD to develop focussed hard legal instruments in specific areas of its wide remit that support realistic targets.     

Principles of justice in proposals and policy approaches to avoided deforestation: Towards a post-Kyoto climate agreement

This paper offers a normative analysis of the current negotiations on reducing emissions from deforestation and forest degradation (REDD) under the United Nations Framework Convention on Climate Change (UNFCCC). Drawing on existing theories of distributive justice, we seek to determine which interpretations of equity are embodied in the key proposals and policy approaches to REDD in the run up to a post-Kyoto climate agreement. Our analysis indicates that whilst the various proposals are characterised by different and sometimes contradictory notions of equity, it is the ideas that are more consistent with neoliberal concepts of justice that tend to prevail. The result is that despite abiding contestations and controversies, emerging REDD policy solutions for the post-2012 climate regime looks very likely to reflect a commitment to market-based approaches to forest governance. However, whilst such market-based approaches might serve the preferences of powerful players, their effectiveness in terms of forest preservation, the protection of indigenous peoples and sustainable community development remains extremely dubious. On a broader note, our analysis reinforces the growing realization that the international arena is not beyond the pale of moral arguments but rather that the governance of global environmental change implicates elemental ethical questions regarding which ways of life human beings ought to pursue.     

Transnational learning, policy analytical capacity, and environmental policy convergence: Survey results from Canada

In this article, we seek to clarify further the effects of internationalization on environmental policy convergence by focussing on a country's policy analytical capacity as a mechanism mediating transnational policy learning. We argue that without significant policy analytical capacity, it is unlikely for transnational communication to produce policy learning crucial to this potential mechanism of international environmental policy convergence. Based on a survey of Canadian provincial public servants, we find that while policy analysts in the environmental policy sector have some interaction with those outside of their own jurisdictions, their particular training, employment patterns, and work activities mean they are unlikely to use knowledge drawn from external sources in their decision-making processes.     

Partnerships in forest governance

One of the major current global environmental challenges is the conservation of forest biodiversity. Deforestation and forest degradation continue despite international governmental agreements on forest conservation. In recent years private regulation in the international forest governance system has increased. Numerous partnerships between governments, business and/or civil society have been developed. Most of them focus on a single threat to forest biodiversity. This private regulation has had a limited positive impact. The most valuable contribution has been filling the gap of lack of implementation by governments. The forest governance system can become more effective if metagovernance is strengthened.     

Tackling the climate,biodiversity and pollution emergencies by making peace with nature 50 years after the Stockholm Conference

Today’s increasingly unequal and resource intensive development model degrades and surpasses Earth’s finite capacity to sustain human well-being. Society must restore this capacity and adapt to it without surrendering hard won development gains while also honoring the rightful aspirations of poorer nations and people to enjoy better living standards, according to the UNEP report “Making Peace with Nature”. This article presents findings from the report and reflections on how to take advantage of the 50 years of experience gained since the Stockholm Conference on the Human Environment. The interconnected environmental emergencies of climate change, loss of biodiversity and pollution need to be addressed together. International scientific assessments are providing the knowledge base for informed evidence-based decision-making, but none of the internationally agreed environmentally targets for climate and biodiversity have been met and the situation is becoming more dire with each passing year. Unless these issues are addressed in the next 5–10 years none of the 2030 sustainable development goals will be achieved. Human knowledge, ingenuity, technology and cooperation need to be mobilized in such an effort. The 2030 Agenda for Sustainable Development with its 17 Sustainable Development Goals provides a blueprint for the transformation. The international environmental governance structure needs to facilitate a system-wide cross-sectoral transformation of humankind's relationship with nature. Transformed economic, financial and productive systems can lead and power the shift to sustainability. Major shifts in investment and regulation are key to just and informed transformations that overcome inertia and opposition from vested interests. Government actions at all levels are needed together with strengthened actions by all actors in society and the next decade is critical.     

Bookkeeping rather than climate policy making: national mitigation strategies in Western Europe

Climate change mitigation is a wicked problem that cuts horizontally across sectors and vertically across levels of government. To address it effectively, governments around the world, in particular in the EU, have developed several generations of multi-sectoral national mitigation strategies (NMS) since the early 1990s. Although NMS became the main effort to systematically coordinate mitigation policies, few works have studied them comparatively so far. The present article fills this gap by analysing how the EU-15 group of countries operationalized climate protection through NMS. First, we introduce the three roles policy strategies usually aim to fulfil: besides being policy documents they also represent governance processes (supposed to coordinate sectoral implementation), and capacity-building efforts. Empirically, we then explore the rationale, origins and prevalence of NMS. Subsequently, we characterize them as policy documents (with regards to their contents and structures) and as governance processes that address capacity building only implicitly. Based on existing assessments we finally review some performance indications of NMS. We find that in particular second- and third-generation NMS aimed to take their governance function seriously but resembled ‘lacklustre bookkeeping' of emissions, targets and mitigation options. Instead of approximating NMS towards their obviously overcharging governance function, we suggest to recalibrate them towards their communication and capacity-building function in a way that goes beyond bookkeeping.

Policy relevance

The present article shows that NMS fail to effectively govern climate change mitigation across a broad range of sectoral policy domains. Since most European countries have adopted not one but up to three generations of NMS since the 1990s, this finding is highly relevant for them – and for all others aiming to adopt similarly broad strategies. Instead of piling one strategy on top of another irrespective of their implementation, and instead of abolishing mitigation strategies altogether, we recommend recalibrating them towards what they can realistically accomplish: effective communication and capacity building so that NMS can advance from lacklustre bookkeeping to actively promoting a government-wide climate change mitigation vision. The article can help governments to realise that renewing integrated strategies such as NMS without overhauling them comes close to flogging a dead horse.     

Forms of collaboration and social fit in wildlife management: A comparison of policy networks in Alaska

Rapid environmental change in the Arctic has led to calls for new forms of environmental governance that consciously fit policy solutions to both the policy problem as well as the underlying social–ecological system dynamics. While efforts to evaluate the ecological fit of institutions to place have become more sophisticated, efforts to measure the social fit of policy remains underdeveloped. In order to examine the effect of institutional form on policy processes and socially relevant outcomes, I employ a mixed methods approach including ethnographic data and social network analysis to compare the implementation of two international wildlife regimes in two indigenous Iñupiaq towns in Alaska. My results yield three findings: (1) that separate institutions create differently structured policy networks, (2) differences in network structures and levels of power-sharing correlate with perceptions of policy, and (3) networks that reflect local social patterns are more likely to be considered fair and inclusive. These findings support congruence theory, which posits that public policy reflective of local constructions of legitimacy will achieve greater success than policy that is not reflective.     

Burden sharing and cohesion countries in European climate policy: the Portuguese example

Global climate change has emerged as a major policy issue in the last decade. The EU has fiercely advocated domestic action, but it is finding it hard to cope with its commitments. This is due to the stronger impact of interest groups on the national level when it comes to implementation. It is shown that Portugal and other cohesion countries may be incapable of complying with their commitments within the internal burden sharing agreement unless they manage to improve energy efficiencies. Fast growth in Portuguese emissions is expected in the face of a non-existent national plan and deteriorating energy efficiencies, unless additional measures and policies are implemented. Institutional and scientific deficiency supplemented by rapid economic development seem to be impeding the Portuguese policy goal. Moreover, the proposed formula to limit the use of flexible instruments places cohesion countries at a disadvantage. Several lessons for international and European environmental policy are taken from this case study. To reach the Kyoto target, the EU will have to develop credible mechanisms to enforce the targets of its Member States. If that is not feasible, it will have to revert to central acquisition of emission permits from abroad to make up internal shortfalls.     

The ocean and climate change policy

The ocean plays a major role in regulating Earth's climate system, and is highly vulnerable to climate change, but continues to receive little attention in the ongoing policymaking designed to mitigate and adapt to global climate change. There are numerous ways to consider the ocean more significantly when developing these policies, several of which offer the co-benefits of biodiversity protection and support of marine-dependent human communities. When developing forward-thinking climate change policy, it is important to understand the ways that the ocean contributes to global climate and to fully inventory the services that the ocean provides to humans. Without more inclusive consideration of the ocean in climate policy, at all levels of governance, policy makers risk weaker than necessary mitigation and adaptation strategies.     

Energy,land-use and greenhouse gas emissions trajectories under a green growth paradigm

This paper describes the possible developments in global energy use and production, land use, emissions and climate changes following the SSP1 storyline, a development consistent with the green growth (or sustainable development) paradigm (a more inclusive development respecting environmental boundaries). The results are based on the implementation using the IMAGE 3.0 integrated assessment model and are compared with a) other IMAGE implementations of the SSPs (SSP2 and SSP3) and b) the SSP1 implementation of other integrated assessment models. The results show that a combination of resource efficiency, preferences for sustainable production methods and investment in human development could lead to a strong transition towards a more renewable energy supply, less land use and lower anthropogenic greenhouse gas emissions in 2100 than in 2010, even in the absence of explicit climate policies. At the same time, climate policy would still be needed to reduce emissions further, in order to reduce the projected increase of global mean temperature from 3 °C (SSP1 reference scenario) to 2 or 1.5 °C (in line with current policy targets). The SSP1 storyline could be a basis for further discussions on how climate policy can be combined with achieving other societal goals.     

Sustainable development policies and measures: institutional issues and electrical efficiency in South Africa

An innovative approach is introduced for helping developing countries to make their development more sustainable, and also to reduce greenhouse gas (GHG) emissions as a co-benefit. Such an approach is proposed as part of the multilateral framework on climate change. The concept of sustainable development policies and measures (SD-PAMs) is outlined, making clear that it is distinct from many other approaches in starting from development rather than explicit climate targets. The potential of SD-PAMs is illustrated with a case-study of energy efficiency in South Africa, drawing on energy modelling for the use of electricity in industry. The results show multiple benefits both for local sustainable development and for mitigating global climate change. The benefits of industrial energy efficiency in South Africa include significant reductions in local air pollutants; improved environmental health; creation of additional jobs; reduced electricity demand; and delays in new investments in electricity generation. The co-benefit of reducing GHG emissions could result in a reduction of as much as 5% of SA's total projected energy CO₂ emissions by 2020. Institutional support and policy guidance is needed at both the international and national level to realize the potential of SD-PAMs. This analysis demonstrates that if countries begin to act early to move towards greater sustainability, they will also start to bend the curve of their emissions path.     

Toward policy integration: Assessing carbon capture and storage policies in Japan and Norway

The objective of this paper is to develop independent and systematic criteria for assessing CCS policy in terms of its level of policy integration. We believe that we should assess CCS policy in terms of the distance to an ideal integrated CCS policy in order to keep track of its trajectory toward sustainable development. After reviewing the existing literature of environmental policy integration, an assessment framework for integrated CCS policy is developed based on Arild Underdal's notion of ‘integrated policy’ then, its usefulness is demonstrated by applying it to CCS policies in Japan and Norway. In the final part, we summarize the findings of the cases and conclude with some observations regarding explanatory factors of the difference in terms of the achieved level of policy integration between Japan and Norway's CCS policies, and some policy implications derived from the analysis based on the framework.     

Confronting the nitrogen challenge: Options for governance and target setting

The release of excessive anthropogenic nitrogen contributes to global climate change, biodiversity loss, and the degradation of ecosystem services. Despite being an urgent global problem, the excess nitrogen is not governed globally. This paper considers possible governance options for dealing with excessive nitrogen through target setting, which is an approach commonly adopted to address global environmental problems. The articulation of the nitrogen problem and the numerous international institutions dealing with it, provide evidence of a nitrogen regime characterised by limited coordination and targets covering sources and impacts only partially. This calls for improving the nitrogen governance in the direction of more integrated approaches at the global scale. In this vein, the paper investigates two opposite governance options – here labelled as ‘holistic’ and ‘origin-based’ – and evaluates them for their capability to define solutions and targets for human-induced nitrogen. From the analysis, it emerges that origin-based solutions can be preferable to holistic solutions as they can be more specific and potentially have greater immediate results. Independent from which governance arrangement is chosen, what matters most is the speed at which an arrangement can deploy solutions to combat (fast-growing) nitrogen pollution.     

Integrating national forestry initiatives in India with international climate change policy

Policy initiatives in India, such as the Social Forestry Program and later the Joint Forest Management, were introduced for their co-benefits, including forest protection, employment opportunities, and added income for communities living in and around the forests. The evolution of these forest policies is critically reviewed. It is argued that India is perfectly positioned to benefit from climate change mitigation efforts, due to a rich, albeit chequered, history in forest management. National forestry policies are examined to assess how they can complement international climate change mitigation instruments, such as the Clean Development Mechanism (CDM) and the more recent Reduced Emissions from Deforestation and Forest Degradation (REDD or REDD+ with conservation, sustainable management of forests, and enhancement of forest carbon stocks) and aid national sustainable development objectives. There is a need to heed the experiences from India's evolving forest policies, particularly those concerning land tenure and resource rights, which lack specificity within international mechanisms. The active engagement of rural communities must be integral to any programmes that make any claim to development and to environmental integrity as a whole.

Policy relevance

India's forestry programmes are examined for their effectiveness in informing international initiatives such as the CDM and REDD+. Forestry policies in India can evolve to complement international climate mitigation tools. By examining current and historical forest legislation, and their subsequent impacts, it is shown how communities can sustain their system of forest management and retain/obtain rights to land and resources under the CDM and REDD+. Looking for such synergies within existing national policies to implement newer international initiatives can greatly facilitate and increase the momentum of global environmental change.     

Deforestation in the Ayeyarwady Delta and the conservation implications of an internationally-engaged Myanmar

Myanmar is a country of huge biodiversity importance that is undergoing major political change, bringing with it new international engagement. This includes access to international markets, which will likely spur investment in export-oriented agriculture, leading to increased pressures on already threatened ecosystems. This scenario is illustrated in the Ayeyarwady Delta, the country's agricultural heartland sustaining high deforestation rates. Using the Delta as a model system, we use an integrated approach to inquire about whether and how imminent agricultural reforms associated with an internationally-engaged Myanmar could introduce new actors and incentives to invest in agricultural expansion that could affect deforestation rates. We use a novel remote sensing analysis to quantify deforestation rates for the Delta from 1978 to 2011, develop business-as-usual deforestation scenarios, and contextualize those results with an analysis of contemporary policy changes within Myanmar that are expected to alter the principal drivers of land-cover change. We show that mangrove systems of Myanmar are under greater threat than previously recognized, and that agriculture has been the principle driver of deforestation on the Delta. The centrality of agriculture to the Myanmar economy indicates that emerging policies are likely to tip the scales towards agricultural expansion, agro-industrial investment and potentially greater rates of deforestation due to the introduction of well-funded investors, insufficient land tenure agreements, and low governance effectiveness. The broad national challenge is to initiate environmental governance reforms (including safeguards) in the face of significant pressures for land grabbing and opportunistic resource extraction.     

Co-benefits,contradictions, and multi-level governance of low-carbon experimentation: Leveraging solar energy for sustainable development in China

Experimentation has emerged as an important strategy of climate governance, and China, with a distinctive experiment-based policy process, is a leading example of a state-led and coordinated approach to low-carbon experimentation. Through a case study of the photovoltaics poverty alleviation (PVPA) initiative—an ambitious and experimental programme that explores the synergy between renewable energy and sustainable development by using photovoltaics to generate income for impoverished households and communities—this paper critically examines this top-down mode of experimentation from a multi-level perspective based on Heilmann's experimentation under hierarchy framework. Drawing from empirical evidence collected over two years from a PVPA pilot, we show that China's multi-level approach to experimentation requires dynamic mechanisms that enable not only the adaptation of national-level models to specific locations but also the incorporation of local implementation lessons in national policymaking. The resulting experimental governance thus extends from a combination of top-down mechanisms of control, local responses, and the broader contradictions that emerge from their interactions.     

Priorities in policy and management when existing biodiversity stressors interact with climate-change

There are three key drivers of the biodiversity crisis: (1) the well known existing threats to biodiversity such as habitat loss, invasive pest species and resource exploitation; (2) direct effects of climate-change, such as on coastal and high elevation communities and coral reefs; and (3) the interaction between existing threats and climate-change. The third driver is set to accelerate the biodiversity crisis beyond the impacts of the first and second drivers in isolation. In this review we assess these interactions, and suggest the policy and management responses that are needed to minimise their impacts. Renewed management and policy action that address known threats to biodiversity could substantially diminish the impacts of future climate-change. An appropriate response to climate-change will include a reduction of land clearing, increased habitat restoration using indigenous species, a reduction in the number of exotic species transported between continents or between major regions of endemism, and a reduction in the unsustainable use of natural resources. Achieving these measures requires substantial reform of international, national and regional policy, and the development of new or more effective alliances between scientists, government agencies, non-government organisations and land managers. Furthermore, new management practices and policy are needed that consider shifts in the geographic range of species, and that are responsive to new information acquired from improved research and monitoring programs. The interactions of climate-change with existing threats to biodiversity have the potential to drive many species to extinction, but there is much that can be done now to reduce this risk.     

Technological capability and transfer for achieving South Africa's development goals

Technological capability and technology transfer both play important roles in achieving low-carbon development targets and the concepts of both have appeared in national development and climate policy debates. Yet, they differ. Improving capabilities and transfer mechanisms are two differing approaches to technological development. Technology transfer is associated with a key political dynamic within international climate policy, in that developing countries request support from industrialised countries. Whereas technological capability focuses on building internal capabilities and is often framed in the context of national industrial policy plans rather than relying on external support. We argue that technology development, a combination of these approaches, can contribute to South Africa's low-carbon development through innovation and technology-based mitigation actions that increase domestic technological capabilities. Technological capability needs to become a determinant of mitigation action to effectively contribute to achieving South Africa's low-carbon development goals. International technology transfer and cooperation should contribute to boosting domestic capabilities to advance technological development. Technology transfer based on pure sales will not contribute to achieving long-term low-carbon development goals.     

Divide and conquer—Discursive agency in the politics of illegal logging in the United States

In 2008 the US amended the century-old US Lacey Act to prohibit the import of illegally harvested or traded timber. Together with similar policies in the EU and Australia, this initialized a paradigm shift in global forest governance towards a legality (verification) regime that could substantially contribute to environmental and social stewardship in the forest sector. The analysis of the formation and implementation of these new policies in the US, Europe and Australia is, however, only just beginning.Based on 31 semi-structured interviews with key stakeholders, 19 informal conversations, more than 100 documents, and participant observation data, we analyze the policy making and implementation of the 2008 US Lacey Act amendment. Our results suggest two essential drivers for this policy change: (1) the deployment of discursive divide-and-conquer strategies and (2) a shift away from sustainability to legality, on both the international level and in the US. Based on the Discursive Agency Approach, we illustrate how carefully deployed discursive and governance strategies were crucial for building a coalition between environmentalists and parts of the wood (products) industry. This coalition was able to create a powerful storyline that muted the opposition and presented a politically attractive amendment proposal. We further show how these strategies have significant effects on the perception of the amended Lacey Act and its implementation. During implementation, coalitions as well as discursive and governance strategies shifted substantially but were still determined by the pre-amendment policy discourse. We conclude by exploring the importance of our findings for what we might expect from the concept of legality in global forest and environmental governance.     

Could baseline establishment be counterproductive for emissions reduction? Insights from Vietnam’s building sector

This article provides insights into the role of institutions involved in climate governance working towards a future low-carbon society at the national level, within the global climate change governance architecture. Specifically, it contributes to understanding the fragmented governance of energy efficiency policy in developing countries by focussing on Vietnam’s building sector, identifying key institutions related to underlying discourses, national and international power relations, resource distribution and coalitions. It uses the case of baseline setting in developing Nationally Appropriate Mitigation Actions (NAMAs) to illustrate institutional dynamics, nationally and transnationally, as well as to question whether demands for baseline setting achieve the ideal trade-off between actual GHG emissions reduction and institutionalized demands for accountability. The analysis reveals that, in addition to domestic efforts and challenges, the international agenda greatly influences the energy efficiency policy arena. The article presents lessons to be learnt about policy processes from the specific Vietnamese case, reflecting on the role of international actors and discourses in it. Finally, it argues for the abolition of baselines in favour of adequate monitoring and evaluation, from the perspective that requirement for deviation from fictitious baselines is unproductive and only serves an international techno-managerial discourse.

POLICY RELEVANCE

Baseline establishment is commonly considered an initial step in developing NAMAs, in order to facilitate the demonstration of a deviation from such baselines. The requirement to produce baselines is traditionally not questioned by policy practitioners. Thus, significant development resources are allocated to the establishment of baselines and the bridging of data gaps, often without consideration as to whether baselines are a necessary instrument for NAMA implementation. We suggest omitting the lengthy and resource-consuming practice of establishing baselines and recommend proceeding forthwith to the planning and implementation of mitigation and energy efficiency policies. As conditions vary significantly in different contexts, it would be more appropriate to measure the initial situation, establishing the ‘base point’, and monitor development from that point. The present article might serve as motivation for policymakers to question traditional approaches to policy development and consider alternatives to maximize the cost efficacy of NAMA programmes and facilitate their implementation.