Copenhagen – the start of a new phase of global climate change negotiations

After an extended final night of negotiations in Copenhagen, the gavel finally came down on 19 December to close the fifteenth Conference of the Parties (COP15) to the United Nations Framework Convention on Climate Change (UNFCCC) and the fifth conference of parties serving as the meeting of the parties to the Kyoto Protocol (COP/MOP5).

Initial expectations going into COP15 had been for the adoption of an ambitious high-level political agreement that would form the basis for further negotiations to reach a legally binding agreement during 2010.

In the end, after last-minute negotiations between heads of state and government, political consensus emerged around the “Copenhagen Accord”. Initially struck between the “big five” (the United States, China, Brazil, South Africa and India) the Copenhagen Accord was subsequently presented to the COP for adoption. However, given remaining opposition from a handful of developing countries (including Venezuela and Bolivia), the accord was ultimately only “noted” by the parties. As such, the accord represents a political declaration of the intent by the countries that endorse it to pursue the objectives set out therein. But it is not legally binding.

Paul Curnow is a member of Baker & McKenzie’s environment and environmental markets practice.

Zhang Danian is the chief representative of the Shanghai office of Baker & McKenzie. His practice focuses on environmental compliance, regulatory affairs, foreign direct investment, joint ventures and merger and acquisition projects in the PRC.

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张大年 Zhang Danian

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