Kyoto Protocol
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Former Thomas Rohlen Center Fellow at the Freeman Spogli Institute for International Studies
Former Assistant Professor of Political Science
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PhD

Phillip Y. Lipscy was the Thomas Rohlen Center Fellow at the Freeman Spogli Institute for International Studies and Assistant Professor of Political Science at Stanford University until August 2019. His fields of research include international and comparative political economy, international security, and the politics of East Asia, particularly Japan.

Lipscy’s book from Cambridge University Press, Renegotiating the World Order: Institutional Change in International Relations, examines how countries seek greater international influence by reforming or creating international organizations. His research addresses a wide range of substantive topics such as international cooperation, the politics of energy, the politics of financial crises, the use of secrecy in international policy making, and the effect of domestic politics on trade. He has also published extensively on Japanese politics and foreign policy.

Lipscy obtained his PhD in political science at Harvard University. He received his MA in international policy studies and BA in economics and political science at Stanford University. Lipscy has been affiliated with the Reischauer Institute of Japanese Studies and Weatherhead Center for International Affairs at Harvard University, the Institute of Social Science at the University of Tokyo, the Institute for Global and International Studies at George Washington University, the RAND Corporation, and the Institute for International Policy Studies.

For additional information such as C.V., publications, and working papers, please visit Phillip Lipscy's homepage.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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PESD collaborators David Victor and Danny Cullenward published a new piece in Scientific American on lessons learned from efforts to build institutions to control emissions of greenhouse gases. Their study looks especially closely at the EU experience and applies some lessons to the budding US regulatory system.

Published in the December issue of the magazine, along with a longer and more detailed essay online.

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Policy Briefs
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Scientific American
Authors
David G. Victor
David G. Victor
Danny Cullenward
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Stanford Law School Professor and director of the Program on Energy and Sustainable Development, David Victor, authors the book chapter "Fragmented carbon markets and reluctant nations: implications for the design of effective architectures" in the recently published book by the Belfer Center at the Kennedy School of Government, Harvard.

With increasing greenhouse gas emissions, we are embarked on an unprecedented experiment with an uncertain outcome for the future of the planet. The Kyoto Protocol serves as an initial step through 2012 to mitigate the threats posed by global climate change but policy-makers, scholars, businessmen, and environmentalists have begun debating the structure of the successor to the Kyoto agreement. Written by a team of leading scholars in economics, law and international relations, this book contributes to this debate by examining the merits of six alternative international architectures for climate policy.

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Cambridge University Press in "Architectures for Agreement: Addressing Global Climate Change in the Post-Kyoto World"
Authors
Joseph Aldy
Robert Stavins
David G. Victor
David G. Victor
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Thoroughly updated to keep pace with the many new developments in international law, the Fifth Edition of this popular casebook covers the core topics, basic doctrines, and a broad range of foreign policy issues relevant to the contemporary public international law course.

Proven in the classroom, clearly organized, and with a distinctively accessible style, International Law offers

  • a comprehensive and effective blend of current issues and materials with basic international law principles and concepts
  • a balanced combination of relevant cases, excerpts, notes, questions, and other interdisciplinary materials representing a variety of perspectives and disciplines
  • an analysis of the relationship between international and domestic law and public and private law
  • treatment of such substantive topics as International Dispute Resolution, Criminal Law, Human Rights, Environmental Law, and the Use of Force
  • a complete teaching package, including a Teacher's Manual and a biannual Document Supplement
  • Reflecting the many recent developments in this area of the law, the Fifth Edition features:
  • a new co-author, Allen S. Weiner, who brings extensive first-hand knowledge of international legal institutions
  • a new chapter on International Criminal Law that includes current materials on extradition and rendition, the international crimes of genocide, crimes against humanity, grave breaches of the Geneva Conventions, torture, and the emergence of international tribunals, including the International Criminal Court
  • new cases, including Hamdan v. Rumsfeld, Sanchez-Llamas v. Oregon, Sosa v. Alvarez-Machain, American Insurance Assoc. v. Garamendi, Republic of Austria v. Altmann, Case Concerning Israel s Construction of a Wall in the Occupied Palestinian Territories (International Court of Justice), and Prosecutor v. Krstic (International Criminal Tribunal for the Former Yugoslavia)
  • an updated case study in Chapter 1 on the international law and policy implications of the September 11 attacks and the U.S. and world response to the attacks and to terrorism in general, with other materials on the war on terrorism throughout the book
  • expanded treatment of active areas of litigation, including the Alien Tort Statute and suits against foreign government officials and state agencies
  • an extensive updating of the European Union sections, including the implications of the addition of twelve new member states and the failure to pass the new Constitution
  • major revisions to the environmental law chapter that reflect the rapid developments in this area e.g., the Kyoto Protocol and efforts to combat global warming

Table of Contents

  1. What Is International Law?
  2. The Creation of International Norms Treaties, Customary Law, International Organizations, and Private Norm-Creation
  3. International Law in the United States
  4. International Dispute Resolution
  5. States and Other Major International Entities
  6. Foreign Sovereign Immunity and the Act of State Doctrine
  7. Allocation of Legal Authority Among States
  8. International Human Rights
  9. Law of the Sea
  10. International Environmental Law
  11. Use of Force and Arms Control
  12. International Criminal Law
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Publication Type
Books
Publication Date
Journal Publisher
Aspen Publishers
Authors
Barry E. Carter
Phillip R. Trimble
Allen S. Weiner
Number
0735562784
News Type
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In Boston Review's January/February 2007 issue, PESD Director David G. Victor and PESD researcher Danny Cullenward discuss why pursuing technologies that burn coal more cleanly is the "only practical approach" to stopping global warming. Their proposal is part of a larger forum on climate change led by MIT meteorology professor Kerry Emanuel.

Almost every facet of modern life - from driving to the grocery store to turning on a light - relies on inexpensive and abundant fossil fuels. When burned for power, these fuels yield emissions of carbon dioxide that accumulate in the atmosphere. They are the leading cause of global warming.

Assuring ample energy services for a growing world economy while protecting the climate will not be simple. The most critical task will be curtailing emissions from coal; it is the most abundant fossil fuel and stands above the others in its carbon effluent. Strong lobbies protect coal in every country where it is used in abundance, and they will block any strategy for protecting the climate that threatens the industry. The only practical approach is to pursue technologies that burn coal much more cleanly.

Such new technologies exist on the drawing board, but governments and regulators are failing to bring designs into practice with deliberate speed. Instead, most of the policy effort to tackle global warming has focused on creating global institutions, such as the Kyoto Protocol, to entice change. Although noble, these global efforts usually fall hostage to the interests of critical countries. After negotiating the Kyoto treaty, for example, the United States refused to sign when it found that it could not easily comply with the provisions. Australia did the same, and Canada is also poised to withdraw. Nor have treaties like Kyoto crafted a viable framework for engaging developing countries; these countries' share of world emissions is rising quickly, yet they are wary of policies that might crimp economic growth.

Breaking the deadlocks that have appeared in the Kyoto process requires, first and foremost, a serious plan by the United States to control its emissions. The United States has a strong historical responsibility for the greenhouse-gas pollution that has accumulated in the atmosphere, but little has been done at the federal level. (A few states are implementing some policies, and they, along with rising political pressure, might help to catalyze a more aggressive federal approach.) It will be difficult, however, for the United States (and other industrial countries) to sustain much effort in cutting emissions unless its economic competitors in China and the other developing countries make some effort as well. Without a strong policy framework to contain emissions throughout the world, levels of greenhouse-gas pollution will reflect only the vagaries in world energy markets. We need a proper strategy for moving away from harmful emissions.

A few years ago, many analysts thought that market forces were already shifting away from coal. They predicted the growth of natural gas, a fuel prized for its cleanliness and flexibility. That vision was good news for the climate because electricity made from natural gas leads to half of the carbon-dioxide emissions of electricity from coal. But natural-gas prices, which tend to track oil prices, have skyrocketed over the past few years, and, unsurprisingly, the vision for the growth of natural has dimmed. Natural-gas plants, which accounted for more than 90 percent of new plants built in the 1990s, are harder to justify in the boardroom. Most analysts now see a surge in the use of coal. One hundred new coal-fired plants are in the planning stages in the United States. Absent an unlikely plunge in gas prices, coal is here to stay.

Despite the challenges of handling coal responsibly, the potential of research and deployment of advanced technologies to help the United States and the major developing countries find common interest on the climate problem is great. In advanced industrialized countries, the vast majority of coal is burned for electricity in large plants managed by professionals - exactly the setting where such technology is usually best applied. In the United States, for example, coal accounts for more than four fifths of all greenhouse-gas emissions from the electricity sector.

Most of the innovative effort in coal is focused on making plants more efficient. Raising the temperature and pressure of steam to a "supercritical" point can yield improvements in efficiency that, all told, can reduce emissions about 20 to 25 percent. Boosting temperature and pressure still again, to "ultra-supercritical" levels, can deliver another slug of efficiency and lower emissions still further. Encouraging investments in this technology is not difficult: most countries and firms are already searching for gains in efficiency that can cut the cost of fuel; a sizeable fraction of new Chinese plants are supercritical; India is a few steps behind, in part because coal is generally cheaper in that country, but even there the first supercritical unit is expected soon. Across the advanced industrialized world, supercritical is the norm, at least for new plants. A few companies are taking further steps, investing in ultra-supercritical units. Two such plants are going up outside Shanghai, using mainly German technology, evidence that the concept of "technology transfer" is becoming meaningless in the parts of the world economy that are tightly integrated. Markets are spreading the best technologies worldwide where their application makes economic sense. In other countries, technologies to gasify coal - which also promise high efficiency - are also being tested.

But power-plant efficiency alone won't account for the necessary deep cuts in emissions. Already the growth in demand for electricity is outstripping the improvements in power plants such that the need for more plants and fuel is rising ever higher, as are emissions. This is spectacularly true in fast-growing China.

A radical redesign of coal plants will be needed if governments want to limit emissions of carbon dioxide. Here, the future is wide open. One track envisions gasifying the coal and collecting the concentrated wastes. Another would use more familiar technologies and separate carbon dioxide from other gases. All approaches require injecting the pollution underground where it is safe from the atmosphere. This is already done at scale in oil and gas production, where injection is used to pressurize fields and boost output. The consequences of injecting the massive quantities of pollution from power plants, however, are another matter. Regulatory systems are not in place or tested, and public acceptance is unknown.

While these technologies can work, they won't be used widely before they progress on two fronts. First, they must become commercially viable. Despite the huge potential of adopting them, it is striking how little money is being spent on advanced coal technologies. The U.S. government has created some financial incentives to build advanced coal plants, but much of that investment is slated for plants that are not actually designed to sequester CO2. In fact, the uncertainty of American policy gives investors in power plants an incentive to build conventional high-carbon technology, because it is more familiar to regulators and bankers. Worse yet, increased emissions today might actually improve a negotiating position in the future when targets for controlling emissions are ratcheted down from whatever is business as usual. Some private firms, such as BP and Xcel, are putting their own money into carbon-free power - but the totality of the private effort is small compared with the size of the problem. There are good mechanisms in place for encouraging public research and private investment in such technologies; the real shortcoming is in the paucity of the effort.

The second problem is that countries such as China, India, and other key developing nations won't spend the extra money to install carbon-free coal. Yet these countries' share of global coal consumption has soared almost 35 percent over the past ten years.

The inescapable conclusion is that the advanced industrialized countries must create a much larger program to test and apply advanced coal technologies. Electricity from plants with sequestration might eventually cost half more than from plants without the technology. That's not free, but it is affordable and is less than the changes in electric rates that many Americans already experience and accept.

State and federal regulators need to create direct incentives - such as a pool of subsidies - to pay the extra cost until the technology is proven and competitive with conventional alternatives. That subsidy, along with strict limits on emissions, will set a path for cutting the carbon from U.S. electricity without eliminating a future for coal. They must also extend the same incentives to the major developing countries, which have no interest in paying higher rates for electricity because their priorities do not rest on controlling CO2. Yet these countries' involvement now is essential. Averting emissions has a global benefit regardless of where the emissions are controlled. And developing countries are especially unlikely to shoulder more of the burden themselves, in the more distant future, unless they are first familiar with the technologies.

Solving the climate problem will be one of the hardest problems for societies to address - it entails complicated and uncertain choices with real costs today, and benefits in the distant future. Yet the stakes are high and the consequences of indecision severe. Serious action must contend with existing political constituencies and aim at existing resources that are most abundant. The technologies needed to make coal viable will not appear automatically. An active policy effort - pursued worldwide and initially financed by the industrialized world - is essential.

Originally published in the January/February 2007 issue of Boston Review.

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PESD director David G. Victor testifies to the Senate Committee on Energy and Natural Resources that the U.S.-India nuclear deal currently being debated by Congress could have a large impact on greenhouse gas emissions and be a major step towards engaging developing countries in the fight against climate change.

David Victor shows that by displacing coal-fired electricity generation, the U.S.-India nuclear deal could realize carbon dioxide emission reductions that rival the European Union's efforts under the Kyoto Protocol and far exceed previous efforts to engage developing countries in combating climate change.

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The debate over the India nuclear deal has been too one-dimensional. Nearly all commentary has focused on whether this proposal would undermine efforts to contain the proliferation of nuclear weapons. Dissent along these lines has been based on a series of largely overblown claims. And the singular focus on proliferation has allowed the debate to lose sight of other ways that this deal is in the interests of the United States and India alike.

Chief among those other reasons is environmental. The fuller use of commercial nuclear power, if done to exacting standards of safety and protection against proliferation, can play an important role as part of a larger strategy to slow the growth in emissions of the gases that cause global warming. That's because nuclear power emits essentially no carbon dioxide (CO2), the most prevalent of these so-called "greenhouse gases." While this benefit is hardly the chief reason for initiating this deal, with time it will become one of the main benefits from the arrangement. The nuclear deal probably will lead India to emit substantially less CO2 than it would if the country were not able to build such a large commercial nuclear fleet. The annual reductions by the year 2020 alone will be on the scale of all of the European Union's efforts to meet its Kyoto Protocol commitments. In addition, if this arrangement is successful it will offer a model framework for a more effective way to engage developing countries in the global effort to manage the problem of climate change. No arrangement to manage climate change can be adequately successful without these countries' participation; to date the existing schemes for encouraging these countries to make an effort have failed; a better approach is urgently needed.

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PESD
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David G. Victor
David G. Victor
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Michael Wara shows while inducing significant participation by developing countries, the Clean Development Mechanism has failed to realize its full environmental potential. Reductions are much smaller than claimed, politicization is prominent, and the scheme has done little to encourage the profound changes in energy technology needed to address climate change.

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Global warming is one of the most difficult and important challenges facing the international community. To date, the most substantial effort to address this problem is the Kyoto Protocol. Although not adopted by the United States or Australia, this international agreement was adopted and ratified by every other large developed country and entered into force on February 16th, 2005. The Protocol is likely the largest ever international effort to combat a global environmental commons problem.

The Clean Development Mechanism ("CDM") is a market based trading mechanism

created by the Kyoto Protocol that functions by delivering a subsidy to the developing world in return for lower emissions of greenhouse gases. The subsidy offsets the cost of reducing GHG emissions, thereby encouraging less developed countries to emit less GHG than they otherwise would. As such, it represents the first attempt to address a global atmospheric commons problem using a global market. During the past 18 months, the CDM took on roughly the shape that it will likely have during the first commitment period of the Kyoto Protocol.

The goal of this paper will be to describe in some detail what that broad outline looks like and also what it can teach us about the design of future treaty architectures aimed at the control of GHG emissions and global warming.

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Publication Type
Working Papers
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Program on Energy and Sustainable Development Working Paper #56
Authors
Michael Wara
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