The negotiating process on climate change revolves around the sessions of the Conference of the Parties to the United Nations Framework Convention on Climate Change (COP), which meets every year to review the implementation of the Convention. The COP adopts decisions and resolutions, published in reports of the COP. Successive decisions taken by the COP make up a detailed set of rules for practical and effective implementation of the Convention. The COP also serves as the meeting of the Parties to the Kyoto Protocol (CMP), which also adopts decisions and resolutions on the implementation of its provision.      


The critical focus at COP17 is whether there will be achieved a second commitment period under the Kyoto Protocol. It is widely argued by Developing Nations that the UNFCCC Annex One Nations (essentially the Developed Nations) should commit to a second 5 year commitment period. The current commitment period - during which Annex One Nations committed to achieve certain carbon emission reduction targets - expires in 2012. There are a multiplicity of complications surrounding the extension of the Kyoto Protocol for a 2nd commitment period – which brought about the stand-off at Copenhagen, with its compromise but nevertheless important Accord, and then the non-binding Cancun Agreements in 2010.

In Cancun some of the essential elements of the Copenhagen Accord were informally incorporated in to the UNFCCC. These Cancun Agreements addressed issues involving mitigation targets which were pledged by all major national economies, including China and India. The Cancun agreements also included provisions to strengthen finance and transparency. Few are optimistic that Durban will achieve a binding outcome, despite the advances that did occur in Cancun where some of the largest emitting nations within the Developing World agreed to “enter the fold” – in particular China and India - by confirming that they intended to reach certain targets, but not in accordance with legally binding commitments under, say, a Kyoto Protocol with an expanded scope beyond Annex One nations.

Commentators here in Durban are repeatedly stating that Durban really represents a last chance for agreeing on global action before it is too late. The in-coming President of COP17/CMP7, the South African Minister for International Relations and Co-operation, Ms Maite Nkoana-Mashabane, said in her welcoming remarks: “Durban is the end of the line for the postponement of key political issues and we seek to facilitate a balanced and credible outcome that is equitable, fair and inclusive. The Party-Driven-Principle has been emphasised on numerous occasions and we cannot be expected to drive the process as incoming COP President, and prescribe the outcome of the negotiations. We need the support of all countries and parties.  We will maintain the integrity of the multilateral process under the UNFCCC by ensuring the operationalizing of the Cancun Agreements as well as a commitment to deal with unfinished business from the Bali Roadmap and Action Plan.  Our wish is for COP17/CMP7 to become an inclusive and transparent platform for the world to take a significant step towards a future climate change regime. All the Parties need to work together to demonstrate that we are taking seriously our responsibility to do what we can to address this global threat”. 

I arrived yesterday morning in Durban, South Africa, the venue for COP17, the UN’s Climate Change conference. Durban, a city of 3.5 million and renown for its fine sunny weather and beautiful surf beaches along its Indian Ocean frontage, is the principal city of KwaZulu Natal Province. The weather seemed to be strangely foreboding as it was overcast, the misty air was almost smog-like and the humidity level was unpleasantly high. This foreboding proved accurate as the clouds gave forth torrential rain from the early evening, that built up strength throughout the night settling in to become a seriously impressive thunderstorm with spectacular lightening displays for hours on end.

As a fresh clear new day dawned at about 4.30am on Monday, lush vegetation in the hilly hinterland suburbs away from the CBD appeared verdant and vigorous with natural springs and runoff releasing water down every hill, cutting and roadside reserve. What was a fresh look in the suburbs became a scene of inner urban mess. News reports revealed that in low-lying areas where poor habitually live on the streets in rundown quarters, the lives of seven unfortunates had been claimed as they could not escape the ferocity of the storm. The detritus of inner urban decay was piled up everywhere while large numbers of obviously poorer Durban people picked their way through mud and flooded roadways – with drains blocked with rubbish – so as to open their market stalls and tawdry shops in what was once an affluent CBD graced with fine old heritage buildings.

Inner Durban has gone the way of cities such as Detroit, where the former commercial and professional quarters have been abandoned to poorer occupants, largely black African suffering very high unemployment. The CBD and the coastal esplanade shown every sign of urban decline, whereas the perimeter suburbs, 30 minutes or more drive from the old city centre, are now the locations of modern satellite commercial complexes.

One could not help but reflect that in a somewhat ironic, indeed symbolic fashion, the death of seven poor people on the streets of Durban due to an extreme climate event on the very day that the COP17 climate change talks began, was a stark reminder of the most likely implications of unmitigated Climate Change amongst the poorest communities the world over.

COP17 is a far smaller exercise than the previous two COPs, in Copenhagen in 2009 and in Cancun in 2010. Although the South African papers state the Conference will be the largest such event that South Africa has ever hosted, on a UN scale it is likely to be about a third of the then much anticipated COP15. In Durban they are expecting 20,000 COP visitors, with some 5,000 official government delegates. Although just on 200 nations will be represented, there is a lower expectation of high-level participation from heads of governments or government ministers, with a figure of just 100 or so being mentioned. There are over 1,400 NGOs represented. Another statistic, reminiscent of the last two COPs where security seemed to be a first-order concern, the local media report that police from all over South Africa have been brought to Durban to create a police presence of some 2,500 force in and around the Durban International Convention Centre venue.

‘Working Together. Save Tomorrow Today.'

Adjunct Professor Simon Molesworth AO QC blogging live from COP17 for La Trobe University.

Developed after the Earth Summit conference held in Rio De Janerio in 1992, the UNFCCC is a treaty that undertakes action to help stabilise greenhouse gas concentrations in the atmosphere at a level that presents human interference of the climate system with the hope of preventing further global warming to the earth.  

With 194 Parties, the UNFCCC has near universal membership. Under the Convention, membership governments commit to:

•    gather and share information on greenhouse gas emissions, national policies and best practices;
•    launch national strategies for addressing greenhouse gas emissions and adapting to expected impacts, including the provision of financial and technological support to developing countries; and  
•    cooperate in preparing for adaptation to the impacts of climate change. *

Professor Molesworth, who is an Adjunct Professor with the La Trobe Institute of Social and Environmental Sustainability, is a leading Environmental Lawyer and has been Chairman of the International National Trust Organisation (INTO) since its inception.  He has advised both state and federal governments in areas of environmental policy and regularly speaks internationally on the topic of climate change.

This will be the second year that Simon has blogged for La Trobe after sending home his thought from COP16 in Cancun, Mexico in 2010.

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