UNFCC as a Process..

Overall the Climate Change Convention should be seen as an evolutionary document. The ultimate effectiveness of the Convention now lies in the strength of the protocols yet to be formulated.

A process-oriented text for the convention, as had been advocated by the US, was finally agreed.

This was notwithstanding the fact that most developed nations were unhappy with the text not containing detailed commitments, targets or timetables to cut CO2 emissions.

Ultimately, however, they agreed to the processoriented text with the compromise that developed nations be required to prepare national emission inventories and to report periodically on their programmes to cut greenhouse gas emissions.

One delegate said "I don't think we could have gotten any better--because the commitment to specific commitments was just not in the United States interest, and without them, there is no point in having a convention'. Developed nations and the small island states were not prepared to go ahead with a convention that the US would not sign.

The Convention's ultimate objective as stated in Article 2 is to achieve: ...stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level should be achieved within a timeframe sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. [emphasis not in original]

This is extremely important in its ecological intent as well as being significant as sustainable development is advocated as a goal. Paragraphs 4 and 5 of Article 3 also state sustainable development principles.

The Parties have a right to, and should, promote sustainable development. Policies and measures to protect the climate system against human-induced change should be appropriate for the specific conditions of each Party and should be integrated with national development programmes, taking into account that economic development is essential for adopting measures to address climate change.

The Parties should cooperate to promote a supportive and open international economic system that would lead to sustainable economic growth and development in all Parties, particularly developing country Parties, thus enabling them better to address the problems of climate change. Measures taken to combat climate change, including unilateral ones, should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. Inclusion of the precautionary principle as stated in Article 3.3 is also very significant in that it is an important environmental management guide in a situation of scientific uncertainty. The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost.

Also, the reporting process subparagraphs of Article 4.2, which are a compromise which was sought from the US, although weak legally are politically interesting in that they signal that developed countries must make commitments to stabilise emissions by the end of the century aiming at 1990 levels and have these commitments reviewed by the Conference of the Parties periodically.

(International Climate Policy Development and Implementation, Climatic Impacts Centre Annual Report 1993. North Ryde, NSW, Australia: Macquarie University)