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SOUTH AFRICA SHOWCASE025Below: Dr MarieParramon (left) andCatherine Warburtonto be addressed exclusively by an internationalenvironmental treaty. Minister Trevor Manuel recentlysaid in this context that: "We must understand that it isunsustainable and change must happen, but werecognise that it is not going to be straightforward and itis not going to be easy. In fact, it will be painful andinvolve some pretty serious costs too...These changeswould likely be painful and take place in an environmentwhere there was a lot of anger about rising costs."Therefore, we need to be more pragmatic about COP17 and the related international negotiation process.One needs to have a clear understating about what canrealistically be achieved with these internationalenvironmental legal instruments. We are likely to seeprogress at COP17 on the following matters: theAdaptation Framework, the Technology Mechanism,the Green Climate Fund and REDD+ (ReducingEmissions from Deforestation and Forest Degradationin Developing Countries). However, we will mostprobably not achieve a global agreement on climatechange mitigation at COP17 that could lead to afundamental and legally binding shift towards a low-carbon and more sustainable development path.It is also important to acknowledge some of theintrinsic limitations related to the climate changenegotiations and international environmental treaties,and manage our expectations accordingly. Thepractical implementation and enforcement of theUNFCCC and the Kyoto Protocol is an enormouschallenge, referred by some experts as the "Achillesheel" of many environmental treaties. The International Development Law Organisation(IDLO) also states that the effectiveness of theinternational response to climate change, as well asnational climate change adaptation and mitigationstrategies, ultimately depends upon the legal toolsavailable within countries to ensure theirimplementation. IDLO also highlights that an enablinglegal environment, underpinned by good governanceand respect for the rule of law, is a prerequisite forclimate change adaptation and mitigation, and forrealising the benefits of the international climateregime in support of adaptation and mitigation. Therule of law is also instrumental to ensure an equitabledistribution of benefits and the realisation ofeconomic, social and cultural rights. It is time to seriously consider our legal approach to theissue and the legal instruments to address climatechange at an international and national level. The UNFCCC itself will not provide the solution; itshould only be seen as one of the legal instruments toaddress the issue. We need to have a more integratedand holistic approach, we need to look at the efficientmainstreaming of climate change considerations in all sectoral international and national legalinstruments, especially trade and economically relatedinstruments. nABOUT THE AUTHOR Dr Marie Parramon is Senior Sustainability Legal Consultant at IMBEWU Sustainability Legal Specialists (Pty) Ltd. Through her academic and practical experience, Dr Parramon has developed specific knowledge and expertise in national as well as international environmental law and management, including in the areas of climate change, EIA, waste management and marine and coastal law. Since joining IMBEWU in April 2007 she has primarily worked on Climate Change and CDM Legal Projects. Dr Parramon is an extraordinary lecturer for the Climate Change Law and Governance Module at the North West University. She is also the Programme Director at the Wits Business School for their Climate Change and Carbon Markets Management Programme. ACKNOWLEDGEMENTThis article has been reviewed by Catherine Warburton,the Managing Director of IMBEWU SustainabilityLegal Specialists (Pty) Ltd. Ms Warburton practised asan attorney, concentrating on environmental legalissues for two and a half years before joining the AngloAmerican Group as an environmental legal advisoruntil the end of 2000. Thereafter she establishedIMBEWU Sustainability Legal Specialists (Pty) Ltd andhas been acting as its Managing Director for more thanten years. Ms Warburton has fifteen years of practicalexperience in the relatively new field of sustainabilitylaw in South Africa with specific expertise in the areaof climate change. She has attended UNFCCCmeetings as a South African business representativeand has worked on the development of CDM projects inSouth Africa. For more information on IMBEWUSustainability Legal Specialists (Pty) Ltd please call:+27 11 214 0660/1, e-mail: visit:

s the only DOE (Designated OperatingEntity) on the African Continent, CarbonCheck is more than eager to see a positiveoutcome at COP 17.There is always light at the end of the tunnel and theSouth African government has a tremendous team whoare lobbying for a positive outcome in Durban withregards to the next crediting period. Moreover, with theEU stating that it will only trade Certified EmissionsReductions (CERs) from Least Developed Countries(LDCs), there will be much negotiation going on. With the EU having suggested huge reduction targetsthrough to 2020, these can only be achieved throughoffsets from such programmes as the CleanDevelopment Mechanism (CDM). Many developingcountries have offered aggressive reduction targets butthese can only be met with funding and technologytransfer to developing countries. All in all, an excitingweek ahead!There are without doubt enormous challenges inagreeing a successful, legally-binding internationalclimate agreement, but something as significant aswhat has been created cannot just cease to exist.Creating an agreement based on what can beacceptable to most is the key.Although CDM was created for public sector, it didallow for private sector involvement. This has shonethrough with, a balance of around 100 private sectorprojects to one public sector project. All in all a greatopportunity has been created and no-one will benefitfrom this coming to an end. NAMAS and funding through government has beentouted as a successor but history has shown us the wayforward. In such an important decision regarding theglobal environment, participation for all is a must.If the EU sticks to its statement of only using LDCs as its parlour for trading credits, it is hoped that South Africa can at least for itself (if not the rest of the continent) enter into bi-lateral agreements with such countries as Japan and Australia andFinance houses such as the International FinanceCorporation (IFC). Africa is well positioned to take advantage of CDM (orits successor) having seen the benefits made in otherdeveloping countries. Transfer technologies, hardcurrency investments and skills transfers are key to anycontinued sustainable development.Since being accredited, Carbon Check has seen atremendous boost in African applications for validationof CDM projects, all of which need to be registered by2012 for the eligibility to trade in the EUTS. It is hopedthat a clear path can be made and understood from thefinal negotiations in Durban on this matter and thatmutual terms can be agreed with not just LDCsbut other developing countries. For instance,those with less than 25 projects registered. With over 3,500 CDM projectsregistered and a further 4,000 invarious stages of validation, westill see huge potential for workwithin the continent. Programme of Activities (PoA) is the new 'buzz word' and we are seeing many rural sustainabledevelopments such as improved cook stoves, solar LED lighting and water heaters. Although these suit the African way, they are difficult to manage ADVANCING THE CLEANDEVELOPMENT MECHANISMINAFRICA026SOUTH AFRICA SHOWCASEADAM SIMCOCK, CEO, CARBON CHECK (PTY) LTDAPhoto: