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Journal of Australian Energy Producers
RESEARCH ARTICLE

The climate change problem: is an LNG sectoral agreement part of the solution?

David Hodgkinson
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Clayton Utz; University of Western Australia

The APPEA Journal 53(1) 135-140 https://doi.org/10.1071/AJ12011
Published: 2013

Abstract

Recent reports and papers reveal the scope of the global climate change problem. The Potsdam Institute for Climate Impact Research and Climate Analytics (2012) concludes the sum total of existing policies, in place or pledged, will very likely lead to warming in excess of 2°C. Additionally, a report from Vieweg et al (2012) concludes limiting global warming to below 2°C remains feasible if there is sufficient political ambition and action to introduce the required measures and policy changes now.

The United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol have failed to address this climate change problem; other ways to address the problem should be considered. One alternative way forward would be to break the climate change problem into different pieces, to contemplate a more decentralised arrangement in which particular issues are discussed and negotiated—a regime complex, for example. Indeed, the UNFCCC regime may actually constrain agreement on addressing the climate change problem, and a shift away from a top-down, Kyoto-style architecture for international climate action—to a more bottom-up approach, with smaller agreements between particular groups of states and sectors—could result.

An international LNG sectoral agreement could form part of such an approach, or as a stand-alone agreement, because natural gas offers the most immediate method of transitioning to a lower-emissions global economy. After examining the UNFCC/Kyoto regime and other approaches to, and frameworks for, addressing the climate change problem, this peer-reviewed paper outlines the nature of sectoral agreements and their advantages, together with the rationale for, and benefits of, a sectoral agreement for the LNG industry.

David Hodgkinson is Special Counsel with Clayton Utz, a national Australian law firm; Associate Professor in the Law School at the University of Western Australia; and Executive Director of EcoCarbon, a UNFCCC-accredited NGO. Earlier in his career he was the Director of Legal Services at the International Air Transport Association, the organisation of the world’s airlines, in Montreal, and Senior Legal Research Officer at the High Court of Australia, where he worked mostly for Justice Sir William Deane. David is a co-author of the standard text on climate change law in Australia—Global Climate Change: Australian Law and Policy—as well as the editor of the looseleaf service, Climate Change Law and Policy in Australia. He also leads a global climate-change- displaced persons project.

dhodgkinson@claytonutz.com