By Xiaoyi Wang

Picture: Globe License: Public Domain

In 2017, because of the changes in administration, environmental enforcement policies around the world have changed.

United States of America

In the United States, the Trump Administration has brought uncertainty to the US enforcement picture. All enforcement constituencies (state agencies and environmental groups) are still assessing what roles and strategies to take as directional shifts at the federal level will likely influence responses by states and NGOs. The shift of administration led to EPA enforcement moving back to the "traditional" environmental programs – air, water, waste.

European Union

The European Commission has conducted a broad EU Environmental implementation review (EIR). The EU also adopted new rules (Dec. 2016) for member states to reduce air pollution by primary particulate matter, sulphur dioxide, nitrogen oxides, ammonia and volatile organic components. In addition, the EU has set out environmental plans and proposed initiatives to achieve their 2020 goals.

China

China has implanted tougher environmental policies in 2017, a great expansion under President Xi’s “War on Pollution” initiative. In 2017, China also shut 27 coal mines in Shanxi and shutdown responsible corporate actors around China to control air pollution.

The Paris Climate Agreement

The Paris Agreement is an agreement within the United Nations Framework Convention on Climate Change (UNFCCC) dealing with greenhouse gas emissions mitigation, adaptation and finance starting in the year 2020. President Trump announced in June that the United States will withdraw from the Paris Agreement. The Trump administration has made it abundantly clear that fighting climate change is, at best, a low priority.  Many are unsure whether the Paris Agreement framework will still work if the United States indeed withdraws from the agreement. In accordance with Article 28 of the Paris Agreement, the earliest possible effective withdrawal date by the United States cannot be before November 4, 2020, four years after the Agreement came into effect in the United States and one day after the 2020 U.S. presidential election.

The Montreal Protocol on Substances that Deplete the Ozone Layer (the Montreal Protocol)

The Montreal Protocol celebrated its thirty years on September 16, 2017. After thirty years of enforcement, the treaty has been ratified or accepted by all 197 UN member states. As one of the most successful and effective environmental treaties ever negotiated and implemented, the Montreal Protocol has helped reduce the depletion of the ozone layer by about 20 percent from 2005 to 2016.

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March 08, 2018

By Xiaoyi Wang

Image: Porapak Apichodilok License: Creative Common Zero

Background

The Montreal Protocol on Substances that Deplete the Ozone Layer (the Montreal Protocol) celebrated its thirty years on September 16, 2017. The Montreal Protocol is an international treaty designed to protect the ozone layer by phasing out 99 percent of nearly 100 ozone-depleting substances (ODS), including CFCs, HCFCs and halon. As one of the most successful and effective environmental treaties ever negotiated and implemented, the Montreal Protocol has helped reduce the depletion of the ozone layer by about 20 percent from 2005 to 2016. The shrinking of the ozone hole will bring numerous benefits to people’s health (reducing the chance of having skin cancers and eye disorders) and agriculture. It will also help slowdown global climate change and to prevent extreme weather events (hurricanes, floods and droughts). The Montreal Protocol was a “milestone for all people and our planet,” said UN Secretary-General António Guterres.

The treaty has been ratified or accepted by all 197 UN member states. “Thirty years ago the world proved it can come together and tackle a global problem with global resolve,” said Erik Solheim, head of the United Nations Environment Programme (UNEP). The ozone layer is expected to return to 1980 levels between 2045 and 2060 as long as countries continue to meet their obligations.

The Success of the Montreal Protocol

There are a number of multinational treaties dealing with environment issues. Among them, the Montreal Protocol has achieved a great deal of success in atmosphere protection.  The lackluster compliance with the Kyoto Protocol, which was set in place to reduce the emissions of greenhouse gases, as the prominent counter-example. The success of the Montreal Protocol does not come from nowhere.

The Role of the United States

The United States government played an exceedingly aggressive role in producing the Montreal Protocol, which contributes to its success. By the 1980s, the industry within the United States achieved significant progress in producing safe substitutes for CFCs. Not only was the financial obstacle progressively removed, the ongoing disagreement within the Reagan Administration and the U.S. Environmental Protection Agency (EPA) was resolved after a careful cost-benefit analysis from the President’s Council of Economic Advisers, which suggested that the costs of controls would be far lower than anticipated, and the benefits far higher. Considering the benefits to mankind and the cost of reducing CFCs when its substitute was readily available, even unilateral action was well-justified for the United States. “But if the world joined the Montreal Protocol, the benefits for the United States would be nearly tripled, because it would prevent 245 million cancers by 2165 including more than five million cancer deaths,” stated by Scott Barrett in Environment and Statecraft: The Strategy of Environmental Treaty-Making.

Global Participation

To assist developing countries to meet their commitments, the Multilateral Fund (Fund) was established in 1991. To date, the Fund has approved activities including industrial conversion, technical assistance, training and capacity building worth over $3.6 billion. With the financial assistance from the Fund, developing countries largely comply with the Montreal Protocol. Currently, 147 of the 197 parties to the Montreal Protocol meet its criteria.

The other element that encouraged countries to ratify the Montreal Protocol was its trade provisions. The trade provision limits the signatories to trade only with other signatories on CFCs and other ODS. Once the main producing countries signed up to the treaty, it was only a matter of time before all countries joined in the system. 

After over thirty years in picture, the Montreal Protocol still benefits the mankind. The success of the Montreal Protocol provides a workable system when environment protection requires global cooperation. 

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January 24, 2018

By Yucai Yu

On October 6, 2017, George Washington University’s Institute for International Economic Policy hosted its 10th Annual Conference on China’s Economic Development & U.S.-China Economic Relations at the Elliott School of International Affairs. The Conference featured speakers from both American and Chinese universities as well as experts from research institutes and a Chinese government agency.

The Conference started with a keynote speech given by Professor Shang-Jin Wei from Columbia University. He presented research on the impact of U.S.-China trade on local U.S. labor markets from a supply chain perspective. The conclusion was counter-intuitive: following a period of “trade shock”, trade with China has actually helped U.S. employment. According to Professor Wei, this showed that people might not be fully aware of the indirect influence of the U.S.’s trade with China. He reflected that the academic community needed to do a more thorough job educating itself and the public about the whole picture.

A panel talk on the subject of infrastructure, environment, and growth followed Professor Wei’s keynote speech. Professor Shanjun Li from Cornell University presented his study on the impact of air pollution on the Chinese economy. Professor Li’s research quantified the short and medium term impact of PM2.5 (tiny particles in the air with a width of two and one half microns or less) exposure on health. With a model considering air pollution data, consumer spending data (collected via cards transactions settled through UnionPay, the counterpart of VISA in China), and meteorology data, the analysis led to the conclusion that China’s annual health costs would be reduce by 50 billion RMB (roughly 7.5 billion dollars) if average PM2.5 dropped from the current 56 μg/m³ to the World Health Organization’s standard 10 μg/m³. This health cost saving would equal around 0.45% of China’s GDP and 8% of total health spending. Professor Simon Alder from the University of North Carolina subsequently presented his research on political distortions and infrastructure networks in China in the panel talk. Based on data of geography, income, and politicians’ birthplaces, Professor Alder started with Heuristic Network Design Algorithm, an algorithm used to obtain the optimal highway network design, and compared the ideal design with actual highway network in China. He then quantified the distortions caused by politicians’ birthplaces, meaning these birthplaces more likely to be close to the actual network relative to the optimal network. While the optimal network implies a 0.75% higher aggregate net income each year, 0.1% of this income difference or 1/7 of the total distortion may be attributed to the birthplaces of politicians.

The morning concluded with a policy session discussing Chinese macro-economy in the next decade. Three speakers represent three different perspectives. Dr. Derek Scissors from the American Enterprise Institute pointed to the decline in private ownership and competition in China, which he believed were the reasons behind Chinese economy’s past waves of growth. He also cautioned the dramatic change in multiple Chinese economic data, for example, China is now three times more leveraged than the United States in respect of debt. In his opinion, the reform needs to be done right now or never. Dr. Jiyao Bi from Chinese National Development and Reform Commission presented a different view. He broke down the economic development plan proposed by the Chinese government and viewed the current status as part of the “new normal” of the Chinese economy. Current policy is focusing more on transforming the economic structure and finding new driving forces of the economy. Economic reform in China involves numerous complicated issues and the government is indeed trying to push the reform process, for example, restructuring state owned enterprises. Finally, Professor Jay Shambaugh brought out a middle ground point of view. He did examine reasons to worry about the Chinese economy, particularly the skyrocketing credit to the non-financial sector. There were different outcomes associated with similar situations in history, and a financial crisis would not be a certain result, especially in light of the unique role of government in China. The core problem is corporate leverage, and the process to solve this issue would require quick, but difficult and even unpopular political choices.

The all-day long conference also featured topics including globalization and human capital, outlook of U.S.-China trade relations, and the China model of economic development. 

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November 02, 2017

By Xiaoyi Wang

Photo: Electric Car Station , Creative Commons License

On October 17, 2017, the Woodrow Wilson Center hosted a China Environment Forum titled Working Towards Clean Cars and Clean Skies in Los Angeles, Hong Kong and the Pearl River Delta. The event was organized by Ms. Jennifer L. Yurner, who has been managing the China Environment Forum for 18 years. Two speakers, Mr. Simon Ng and Ms. Zifei Yang gave their speeches.

City Planning

Mr. Simon Ng is an independent researcher on urban sustainability. He focused his speech on city planning in Hong Kong. After comparing Hong Kong with Los Angeles, he pointed out that Hong Kong is more vertical and with more limited space, which promotes people to use public transportation. However, the Hong Kong government must still grapple with certain pressing issues, such as the current priority given to cars over pedestrians. In response, the Hong Kong government has been working on zoning plans. By setting up the Energizing Kowloon East Office (EKEO), the Hong Kong government intends to beautify Kowloon East for it to be more pedestrian-oriented.

On February 21, 2016, the Chinese central government released a guideline, the “Several Opinions of the State Council on Further Regulating Urban Planning and Construction” ( 中共中央国务院关于进一步加强城市规划建设管理工作的若干意见 - translated by author), aimed at building more walk-able cities by tearing down the walled boundaries between residential districts and opening residential areas to the public. The document has generated huge online discussions. Some people are concerned about public safety, while others focus more on property issues, since under the Property Law of the People’s Republic of China, roads, green lands and other public facilities inside residential areas are owned by all residents. The guideline is still in the “opinion” phase (not yet crystallized into law), and the discretion to remove the walls may be given to the residence committees.

More Stringent Regulations

Ms. Zifei Yang is a researcher for the International Council on Clean Transportation (ICCT). She has been working on renewable energy issues and clean transportation mainly within Guangdong Province in the Pearl River Delta area. She pointed out that the Chinese government has been committed to environmental protection for a long time. From 2000 to 2017, more stringent emission standards have been set, and local governments can adopt even more stringent standard on gas emission than the central government.  

The recently amended Environmental Protection Law (which came into force in 2015) shows the determination of the Chinese government on environment protection and is perceived as the most stringent law in the history of environmental protection in China. Because of the pressure from Beijing, local governments have been compelled to strengthen their regulations in order to keep their funding.

Local governments have also placed great efforts on enforcement, which used to be a tough issue. In Shenzhen, newer and cleaner cars are inspected once a year, while older and less clean cars are inspected twice a year. A remote sensing system is also used to spot high-emission vehicles, and local governments cooperate with each other to make sure tickets are sent to the car owner.

These more stringent policies may influence car manufacturers as well. In 2019, the Chinese government will likely enforce a new policy, requiring all car manufacturers to sell a minimum of 8% electric cars. Also, the Chinese government promotes the use of electric cars by giving many benefits to individuals. In Shanghai, electric car owners could get a car license for free, which usually takes more than $10,000 and half a year to get (Shanghai car owners need to bid for car licenses).

Shared Bicycles and Subsidies to Replace Old Cars

The speakers also mentioned shared bicycles in China, which is one of China’s most popular topics for 2017. Because of the low rental fee (around $0.15 per hour), shared bicycles are widely used as public transportation. These shared bicycles are purely private startups, as the Chinese government has not invested in the business. It has, however, built and maintained bike lanes to encourage the continued use of shared bicycles.

The Chinese government also subsidizes car owners to replace old cars with clean cars. The local governments have discretions to set the specific number and the enforcement procedure. The Guangdong government decreases the subsidy year by year, so, as explained by Yang, consumers realize that “the earlier you get rid of your old car, the more subsidy you will get.”. Since the subsidy cannot cover the entire purchase price, for those car owners intending to keep their old cars, they are required to put a filter on the pipeline, which can reduce particle pollution by 99%.

“[The] Chinese government is doing everything it can,” noted Yurner. Indeed, the Chinese government is trying hard to improve the environmental situation and to solve the severe air pollution out of concern for the people’s health and long-term development. As a country with such a large population, China still has a long way to go. However, the Beijing government has already paid a lot of attention to environmental protection. With the great efforts put in place to deal with air pollution, its environmental situation will probably improve with time. 

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October 31, 2017

By Aure Demoulin

Spurred by a sense of urgency and increasing global recognition that environmental deterioration is a pressing issue, several key developments took place in international environmental law in 2016. In addition to the Paris Agreement, 2016 was the year of the first-ever global agreement cutting pollution from commercial airlines, the Marrakech Summit, and environmental lawsuits on behalf of future generations.

First Meeting of the Prep Com: The UN General Assembly established a Preparatory Committee (Prep Com) to receive recommendations for an internationally binding legal agreement on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. The Prep Com held its first meeting from March 28 to April 8, 2016 and discussed the relationship between the proposed instrument and other existing agreements, as well as marine genetic resources, benefit-sharing, environmental impact assessments, capacity building, and marine technology transfer. The sustainable but efficient use of ocean resources is a hot topic in environmental law, and the Prep Com’s first meeting only preceded the third edition of the Hamburg International Environmental Law Conference by a few days. The Conference debated ways to conserve the oceans’ ecosystems, as well as the role International Environmental Law should play in regulating activities such as deep sea mining, marine energy generation, seabed pipeline and cable systems.

Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA): The Carbon Offsetting and Reduction Scheme for International Aviation is the first-ever global agreement to cut greenhouse gas emissions from commercial airlines. Announced on October 6, 2016, this sweeping deal aims to curb carbon dioxide emissions from the international aviation sector, as well as aviation pollution’s effect on climate. The deal will be implemented in phases (participation in the early years being entirely voluntary) and aims to put the industry on a path toward more sustainability. 191 nations have expressed intent to voluntarily participate.

Kigali Amendment to the Montreal Protocol: On October 15, 2016, 197 countries endorsed the Kigali Amendment to the Montreal Protocol. The amendment aims to curb the production and consumption of hydrofluorocarbons (HFCs), powerful greenhouse gases, by more than 80 percent over the next 30 years in the hope to prevent up to 0.5 degrees Celsius (0.9 F) of global warming by the end of this century. Manufacturers have used HFCs to replace chlorofluorocarbons (CFCs)—phased out under the Montreal Protocol—as refrigerants in a variety of products. The amendment calls for developed countries to start reducing their consumption of HFCs by 2019 and for most developing countries to freeze consumption by 2024 or 2028. The new amendment pledges to provide funding for climate-friendly alternatives in developing countries.  

The Paris Agreement: The Paris Agreement is an agreement within the UN framework Convention on Climate Change (UNFCC) meant to strengthen the global response to climate change. The agreement aims to curb greenhouse gases emissions in order to prevent a global temperature rise of more than 2 degrees Celsius (3.6 F). After 195 countries negotiated the agreement, final language was adopted on December 12, 2015, and the agreement was opened for signature on April 2, 2016. As of December 2016, 194 UNFCC members had signed the treaty, 132 of which had ratified it. In October 2016, enough countries had ratified the agreement for it to enter into force. As a result, the agreement went into effect on November 4, 2016.

The Marrakech Summit: The twenty-second session of the Conference of the Parties (COP 22), the twelfth session of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol (CMP 12), and the first session of the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement (CMA 1) were held in Bab Ighli, at the Marrakech Summit, Morocco from November 7-18, 2016. The Conference successfully demonstrated to the world that the implementation of the Paris Agreement is underway and that cooperation on climate change continues.

Global Lawsuits on Behalf of Young and Future Generations: In 2016, a global trend of lawsuits filed on behalf of future generations continued in the United States with a case filed in an Oregon District Court. The plaintiffs argued that by failing to protect public trust resources like water and air, the federal government is violating their constitutional rights to life, liberty, and property. Similarly, in June 2016, the Pakistan Supreme Court ruled in favor of seven-year-old petitioner Rabab Ali, allowing her constitutional climate change lawsuit to proceed. Yet another similar case is currently underway in the Philippines. In 2015, the Hague District Court in the Netherlands had ruled in favor of the Urgenda Foundation (representing multi-generations of citizens), compelling the government to reduce Dutch greenhouse gas emissions by 25% by 2020 (making current Dutch climate policies, which aim only for a 16% reduction, unlawful).

CETA: The EU-Canada Comprehensive Trade Agreement (CETA) is a new trade agreement between the EU and Canada. The European Parliament voted to adopt CETA on February 15, 2017, though EU national parliaments must approve the agreement before it can take full effect. However, throughout 2016, member of the European Parliament, such as Bart States, and public interest organizations had called for the rejection of CETA. States had warned that CETA risked undermining regulatory measures with regard to endocrine disruptors, which are estimated to cost Europe well over 150 billion Euros each year in additional health expenses. The European Commission has already acknowledged that mounting pressure from EU trade partners has led it to propose to lower standards of protection against endocrine disruptors. With CETA, Canada and Canadian businesses will be given increased leverage to pressure the EU not to introduce precautionary laws.

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March 31, 2017