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Sustainable Development Law & Policy Volume 9 Article 17 Issue 2 Winter 2009: Law Reporter 2009

Climate Change, Energy, and in South : Developing the African Continent at the Crossroads Edson L. Meyer

Kola O. Odeku

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Recommended Citation Meyer, Edson L and Kola O. Odeku. “, Energy, and Sustainable Development in South Africa: Developing the African Continent at the Crossroads.” Sustainable Development Law & Policy, Winter 2009, 49-53, 74-75.

This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Sustainable Development Law & Policy by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Cl i m a t e Ch a n g e , En e r g y , a n d Su s t a i n a b l e De v e l o p m e n t i n So u t h Af r i c a : De v e l o p i n g t h e Af r i c a n Co n t i n e n t a t t h e Cr o ssr o a ds by Professor Edson L. Meyer* & Dr. Kola O. Odeku**

In t r o d u c ti o n Interestingly, it is not only African leaders who believe that arious scientific research has confirmed that climate developing countries should vigorously pursue energy intensive change has started affecting the atmosphere and, in par- economic activities. Some African pundits and their collabora- Vticular, the African continent.1 International concerns tors have also supported this position by asserting that “whether regarding climate change are now overwhelming as various gov- climate change proves benign or harmful, attempting to control ernments of the world create policies and measures to reduce the it through global regulation of emissions would be counterpro- emissions that cause climate change. The African ductive” because it would not engage individuals in sustainable continent is likely to be severely affected by climate change if development activities that improve their quality of life.12 the warming continues2 because There is a price to be paid institutional capacities to com- for this inaction and lackadaisi- bat the changing weather are cal attitude. Any major catastro- not in place.3 The irony is that Climate change is a grave phe from climate change would developing African countries are affect the natural resources and more concerned with the issues threat to South Africa economies of African nations.13 of access to energy (modern It might also result in “struggle fuels and electricity) in order to and a major obstacle for food, energy, and water as improve and increase industrial to continued poverty they lack resources and capac- production and output, economic ity to quickly adapt.”14 These growth,4 and development,5 as reduction across its many negative impacts may “under- opposed to policies that would mine sustainable development, reduce carbon dioxide emissions dimensions. increase poverty, and delay and halt climate change.6 or prevent the realization of There is ample consensus the Millennium Development that sustainable development involves an integration of environ- Goals.”15 This could lead to a situation where millions would be mental protection and .7 Economic growth can forced to migrate to other regions of the world.16 still be attained through alternative energy sources as opposed to fossil fuels. Due to the global of climate change and So u t h Af r i c a a s a Ca s e St u d y the unpredictability of its likely impacts, the cooperation of all South Africa, as a , is the most industri- countries is required to successfully address it. One approach that alized within the African region. It is well endowed with natural should be considered in order for developing African countries resources such as coal, gold, diamonds, metals, and minerals. to grow their economies by utilizing their natural resources with- Its overall economy is chiefly dependent on energy production out contributing to climate change is encouraging more environ- and use, with coal accounting for seventy-five percent of the fos- mentally sector expansion. South Africa is sil fuel demand and ninety-one percent of electricity generation. currently the first nation in Africa to utilize this approach, which The energy sector contributes approximately fifteen percent of is the primary reason it has been chosen as a case study. gross domestic product and provides around 250,000 jobs.17 While developing countries are the most vulnerable to the Compared to other African countries, the South African econ- impacts of climate change, they do not perceive or consider cli- omy is energy-intensive and the energy consumption rate is very mate change as a priority or serious matter to be handled with high. This is mainly due to the heavy mining industries, such levity.8 Instead, most African leaders and policy makers have as iron and steel, cement, aluminum, etc. Furthermore, it is the linked the issue of energy and natural resources to poverty alleviation,9 which they consider the major challenge facing the continent.10 They have consistently invoked the UN Millennium *Prof. Edson L. Meyer is the Director Fort Hare Institute of Technology, Univer- sity of Fort Hare Alice, 5700 Eastern Cape South Africa. **Dr. Kola O. Odeku is Development Goals (“MDGs”) to support their positions and a Research Fellow at Fort Hare Institute of Technology, University of Fort Hare validate their actions.11 Alice, 5700 Eastern Cape South Africa.

49 Su s t a i n a b l e De v e l o p m e n t La w & Po l i c y most electrified country in Africa; electricity plays a pivotal role impacts; and securing supply through diversity.25 However, in the economy and improves the quality of life of the previously aggressive approaches to increasing access to affordable energy disadvantaged majority in addition to supporting large-scale services to stimulate economic growth have been without regard industrial development.18 to the environmental impacts.26 South Africa is fully committed to growing its economy In South Africa, energy sector activities are the largest through exploration and use of energy resources to meet its sources of (“GHG”) emissions, accounting for development objectives.19 When the country attained indepen- about eighty-nine percent of the total emissions.27 More impor- dence in 1994, the issues of climate change and global warm- tantly, electricity is mainly supplied by Eskom, a public utility ing were not a priority and the company, based on coal-fired perceived “linkages between systems; this accounts for nine- sustainable development and ty-one percent of all electricity climate change issues were very This was a clear produced in the country, and weak.”20 Be that as it may, there there is continuous increase in has been scientific evidence that indication of political will demand.28 Increase in electricity climate change is far more rapid supply based on coal-fired sys- and dangerous than thought ear- by governments worldwide tems has lead to increased car- lier.21 The government has now bon dioxide emissions.29 realized that climate change is a to combat climate change. As a result of the high lev- grave threat to South Africa and els of energy production and a major obstacle to continued consumption, there are high lev- poverty reduction across its many dimensions. This is a great els of particulate concentrations in South Africa.30 High level of concern that calls for a change in attitude to make the issue of particulate matter results in “serious environmental and health climate change a major priority. Bearing this in mind, South problems because air quality, land, water, and forest resources Africa is beginning to proactively link its objectives with climate have been severely degraded.”31 The use of coal, wood, paraf- change priorities within a sustainable development framework. fin, and candles for cooking, heating, and lighting also exposes households to hazardous levels of indoor air pollution and the Th e Er a o f Tu r n i n g Up t h e He a t i n risk of fire. Illness and death can result.32 So u t h Af r i c a The aggressive drive by the South African government Since 1994, various government policies, legislation, and to grow the economy by utilizing energy intensively without regulations in South Africa have been primarily based on the regard to the negative consequences has put South Africa at a development paradigm that addresses the injustices of the past crossroads. However, the government has now decided to live and focuses on the provision of basic needs, equity, employment up to its responsibility by implementing drastic measures to creation, and economic growth for all South Africans by utiliz- reduce carbon dioxide emissions to mitigate the affect of poten- ing available natural resources, in particular energy from coal. tial catastrophes on what has been gained through economic Consequently, the issue of integrating energy, economic growth, growth. and environment has not been a major concern. This deliber- ate oversight on the part of the government created a major bar- Th e Er a o f Tu r n i n g Do w n t h e He a t i n rier to integrating climate change into South Africa’s vision of So u t h Af r i c a a sustainable development pathway. There has been a lack of an The threat of global climate instability and its likely impacts adequate policy approach to consider energy and climate change on countries worldwide led to the signing and subsequent rati- objectives alongside each other, as well as a lack of institutional, fication of the Convention on Climate Change human, legal, and financial capabilities.22 Furthermore, South (“UNFCCC”). This was a clear indication of political will by Africa’s ability to respond to concerns about climate change governments worldwide to combat climate change. Unfortu- are complicated by the fact that the greater majority of South nately, however, as clearly expressed in the UNFCCC, it will Africans live in varying degrees of poverty and want to increase be difficult for developing countries to avoid increasing emis- their living standards, leading to increased energy use per capita sions as they attempt to meet their needs through pro- and increased reliance on fossil fuels with high carbon dioxide duction.33 The challenge, therefore, is to ensure that there are emissions.23 synergies between sustainable development goals and carbon This scenario had the support of the government based on dioxide reduction strategies in order to avoid the impact of cli- the 1998 White Paper on Energy Policy (“1998 White Paper”).24 mate change. The South African government is now heeding the The 1998 White Paper sets the main objectives of the energy clarion call by implementing various strategies that will lead to sector in South Africa as follows: increasing access to affordable massive reduction of carbon dioxide in the country. The most energy services; stimulating economic development; improv- potent of these is the synergy between achieving sustainable ing energy governance; managing energy-related environmental development goals within the context of climate change.

Wi n t e r 2009 50 Po l i c i e s t o Fi g h t Cl i m a t e Ch a n g e Th r o u g h In t e g r a t i n g En e r g y Po l i c y a n d Su s t a i n a b l e Em i ss i o n Re d u c t i o n De v e l o p m e n t It must be pointed out from the outset that South Africa Although the 1998 White Paper does not specifically refer does not have emission reduction targets for the first commit- to sustainable development goals or objectives, it does contain ment period of the UNFCCC , which runs from a number of provisions that refer to environmental, social, and 2008–2012, because it is not an “Annex I” country.34 Even so, economic aspects of energy. For instance, it states that: the South African government recognizes that it needs to take Fossil fuels such as coal, uranium, liquid fuels, biomass adequate measures as one of the highest emitting of the non- and gas continue to play a central role in the socio-eco- Annex I countries.35 nomic development of our country, while simultane- South Africa’s Environmental Affairs and Tourism Minis- ously providing the necessary infrastructural economic ter, Marthinus van Schalkwyk, described the overall approach base for the country to become an attractive host for to climate change mitigation and adaptation as “progressive, foreign investments in the energy sector . . . energy pol- ambitious, and far-reaching” as well as focused on protecting icy should balance the use of natural energy resources South Africa from the “onslaught” of global warming.36 He with environmental considerations.49 added that the goal is for carbon It is in this regard that dioxide emissions to “stop grow- the government published the ing by 2020–2025 at the latest, White Paper on Renewable stabilize for up to ten years, and South Africa has designed Energy in 2003 (“2003 White then decline in absolute terms.”37 Paper”)50 and established a Towards this end, the government a long-term goal to build an has started implementing strin- that will offer gent policies and measures and Strategy. a fully non-subsidized alter- also enforcing the laws relating native to fossil fuels.51 This to environment38 and pollution.39 policy approach has been This approach is now shifting the country’s development path concretized through significant financial support for renewable to become more sustainable and should gradually reduce carbon energy research and development.52 dioxide emissions.40 A key challenge in the reform agenda is to make sure that the public benefits of sustainable development are advanced. A Na t i o n a l Ag e n c y t o Pr o m o t e CDM Pr o j e c t s The electricity industry can make a difference in the arena of In 2005, the South Africa Department of Minerals and sustainable development through underpinning sustainable Energy created a Designated National Authority to coordinate economic growth, promoting social equity, and adopting more 41 CDM activities as required by the Kyoto Protocol. The agency environmentally-friendly technologies. The goal is an electric- coordinates activities to attract investors and project develop- ity industry that delivers secure, low-cost supplies that support ers to South Africa. Shortly after the agency was established, industrial competitiveness; provides widened access to afford- it received information on four projects from the private sec- able services; and encourages energy efficiency, increased use tor, including one for the Kuyasa Low-Cost Housing Project in of renewable energy technologies, and reduced emissions gen- 42 Khayelitsha, Cape Town, the first CDM project in Africa. This erally. These goals are now embedded in the on-going reform project includes the construction of energy-efficient houses. processes and the government has started implementing crucial A Ca r b o n Ta x o n Bu s i n e ss e s policies that ensure reduction in emissions activities.53 One of the South African government’s most ambitious En e r g y Ef f i c i e n c y a n d Re n e w a b l e En e r g y proposals for dealing with climate change is considering the In South Africa, energy efficiency was not really an issue passage of a on carbon dioxide-emitting industries.43 until recently; however, the situation has now changed. Stake- The policy, which some consider “the point at which the gov- holders are now aware of the need to consume energy differently. ernment began steering the economy along a more sustainable The CDM has mobilized several industrial players and sensitized 44 growth path,” imposes a 2 Rand cents per kilowatt-hour tax on them on the need to modernize energy equipment. South Africa 45 non-renewable electricity sources. Of South African’s many has designed a Renewable Energy Strategy which sets a target of proposals on the table for cutting GHG emissions, a carbon tax 10,000 GWh of renewable energies by 2013 (this would amount 46 could have the most significant impact. The carbon tax pro- to four percent of production in 2004). In addition, an energy- posal also includes stringent energy efficiency measures and saving framework by the Department of Minerals and Energy would begin at 100 Rand per ton on carbon dioxide equivalent has set its goal to save fifteen percent by 2015. Energy effi- 47 and increase to 250 Rand per ton by 2020. At the time of writ- ciency and renewable energies are the focus of the framework, ing, the South African cabinet has endorsed the plan but it has a first for Africa that may serve as a model for other countries.54 not achieved final parliamentary approval. Nevertheless, finan- The government has started implementing policies on cial officials have begun discussing an effective implementation energy efficiency, which is assuredly the most effective and eco­ framework.48

51 Su s t a i n a b l e De v e l o p m e n t La w & Po l i c y The government has started implementing policies on energy efficiency, which is assuredly the most effective and economically advantageous means of reducing carbon dioxide emissions and other pollutants from energy production. nomically advantageous means of reducing carbon dioxide emis- economic and environmental risk factors that can affect the sions and other pollutants from energy production. Efficiency impacts of disasters and allows for tracking of the conditions measures have also drastically reduced the cost of electricity that may cause disaster.68 This requires cooperation between bills to industry and individuals. This is producing substantial several agencies, “consultation and feedback, active sourcing of economic benefits.55 emergency and disaster information, strategic consolidation of In 2006, Environment Minister van Schalkwyk demon- information across agencies and robust geo-referencing.”69 The strated the energy-efficiency conversion of his home, which con- project also includes an online database which provides informa- sisted of the installation of “energy-efficient lighting, solar water tion for disaster management workers, educational institutions, heating, better insulation, and a range of other measures.”56 Min- and researchers.70 ister van Schalkwyk stressed that although government action No n -Go v e r n m e n t a l Ap p r o a c h e s draws attention to these issues, individuals in South Africa must also take steps to save energy in their homes.57 The Minister In addition to government policy, other major stakeholders also stated that replacing one normal light bulb with a compact are also taking action to combat climate change in South Africa. fluorescent bulb could result in savings of 18.50 South African Two examples are discussed below. Rands per year, as well as a total of 430 kilograms of coal and Clinton Climate Initiatives 1,100 liters of water.58 In 2008, the Clinton Climate Initiative (“CCI”) committed There has also been an aggressive approach towards promo- funding and technical support to decrease energy consumption tion and production of environmentally friendly biodiesel and in Johannesburg.71 This prompted the city to implement energy bioethanol fuels manufactured from crops such as canola, soya, efficiency measures, including the Rea Vaya bus rapid transit sunflower, sugar beet, maize, sorghum, wheat, and sugarcane.59 system and the energy efficiency building retrofit program.72 The This will create new jobs, protect the country from volatile oil initiative has also provided know-how, in the form of a technical 60 prices, and decrease damage to the environment. director for project support, to assist with joint projects between Tr a i n i n g a n d Ca p a c i t y De v e l o p m e n t the City of Johannesburg and CCI. Other initiatives include South African universities are beginning to focus on the spe- drives to reduce energy consumption in the city by promoting cialized educational needs for climate research and CDM project solar power and a project to convert methane gas generated by 73 implementation.61 Furthermore, National Research Foundation landfills into energy used for electricity. 62 funds research on climate change. The government is currently The Kuyasa Project investing in technology and upgrading existing institutions of South Africa has successfully developed a low-cost hous- research and education by promoting courses on engineering, ing project known as the Kuyasa project, the first of its kind in science, , and forestry and also collaborating with Africa and one of fewer than fifty in the world.74 It was devel- various institutions in developed countries.63 The government oped by SouthSouthNorth, an international CDM non-govern- has also started creating awareness and sensitizing entrepreneurs mental organization, and Cape Town. The city has committed and industrial sectors to embark on research into energy-efficient to use ten percent renewable energy sources by 2020, and have activities.64 ten percent of households with solar water heaters by 2010.75 It Mo n i t o r i n g f o r Ad a p t a t i o n is in recognition of this achievement that Kuyasa was awarded South Africa has embarked on a program for Monitoring, gold standard recognition by the UNFCCC, allowing it to earn Mapping and Analysis of Disaster Incidents known as MANDI- certified emission credits. The price of these credits is calculated SA.65 It is a core activity for the Disaster Mitigation for Sustain- according to the amount of carbon dioxide saved.76 Some of the able Livelihoods Programme of the University of Cape Town.66 benefits of this project to South Africa are: retrofitted buildings MANDISA began as a pilot program from 1990 to 1999 in the are five percent warmer in winter and five percent cooler in sum- Cape Town Metropolitan Area.67 The program evaluates socio- mer, allowing a savings of up to forty percent on electricity bills;

Wi n t e r 2009 52 the buildings reduce localized air pollution, helping prevent capacity to adapt. For the developing continent, there exist mul- pulmonary pneumonia, carbon monoxide poisoning, and other tiple and concurrent stresses and development challenges, such respiratory illnesses which are major sources of health hazards as endemic poverty, governance and institutional dimensions, to poor people; and more importantly, a decrease in the deadly limited access to capital, ecosystem degradation, and complex fires common in high-density and low-income settlements. Apart disasters and conflicts. These are obstacles to reducing carbon from the individual benefits of the program, the projects stand to dioxide emissions. earn carbon credits equaling nine million tons of carbon a year, Realizing that economic growth, sustainable resource man- with a value of US$253 million to the South African economy. agement, and climate change are closely connected, the exec- The projects have crediting periods lasting until at least 2015; utive and legislative arms of the government of South Africa some extend until 2026.77 have agreed on a progressive policy on climate change. This will ensure that the country reduces emissions to become a “low car- Co n c l u s i o n bon” economy while also helping to limit the effects of global The effects of climate change are no longer limited to warming. South Africa should serve as an example to the other predictions; temperatures are rising, icecaps and are nations of Africa as the developing continent becomes a ­stronger melting, and conditions are becoming more and more effective player in the fight against global climate frequent and more intense.78 Africa is both the continent most change. vulnerable to climate change as well as the one with the least

Endnotes: Climate Change, Energy, and Sustainable Development in South Africa

1 See generally African Workshop on Adaptation, Accra, Ghana, Sept. 21–23, 12 Ma r t i n Åg e r u p e t a l ., In t ’l p o l i c y Ne t w o r k , Cl i m a t e c h a n g e a n d s u s t a i n - 2006, Background Paper on Impacts, vulnerability and adaptation to climate a b l e d e v e l o p m e n t , A b l u e p r i n t f r o m t h e Su s t a i n a b l e De v e l o p m e n t Ne t w o r k change in Africa, available at http://unfccc.int/adaptation/adverse_effects_and_ 3 (2004), available at http://www.policynetwork.net/uploaded/pdf/cc_sd_final. response_measures_art_48/items/3743.php (follow link to title) (last visited pdf (last visited Feb. 2, 2009). Feb. 2, 2009). 13 Gü n t h e r Fi s c h e r e t a l ., In t ’l In s t . f o r Ap p l i e d Sy s t e m s An a l y s i s , Cl i m a t e 2 Scott Johnson, World News, Su s t a i n a b l e De v . L. & Po l ’y, Winter 2007, Ch a n g e a n d Ag r i c u l t u r a l Vu l n e r a b i l i t y 2-13 (2002), available at http:// at 71. www.iiasa.ac.at/Research/LUC/JB-Report.pdf (last visited Feb. 2, 2009). 3 UN Ne w s Ce n t e r , New Climate Change Alliance Will Benefit Millions of 14 Michael K. Lee, The Day After Tomorrow Scenario: What if Global Warm- World’s Poor – UN Agency (Nov. 7, 2007), available at http://www.un.org/ ing Causes Rapid Climate Change?, Su s t a i n a b l e De v . L. & Po l ’y, Winter apps/news/story.asp?NewsID=24579&Cr=climate&Cr1=change (last visited 2007, at 39. Feb. 2, 2009); Co n s u l t a n c y Af r i c a Intelligence , Evaluating the Challenge of 15 Particularly, the lack of effective adaptation to the adverse effects of climate Climate Change: Southern African Adaptation Measures, available at http:// change can jeopardize the achievement of goal 1 (eradicating extreme poverty www.consultancyafrica.com/africa-watch/newsletter/november-2008 (last vis- and hunger), goal 6 (combating HIV/AIDS, and other diseases), and ited Feb. 2, 2009). goal 7 (ensuring environmental sustainability). United Nations Framework 4 Og u n l a d e Da v i ds o n & Ha r a l d Wi n k l e r , So u t h Af r i c a ’s En e r g y Fu t u r e : Convention on Climate Change, Climate Change: Impacts, Vulnerabilities and Vi s i o n s , Dr i v i n g Fa c t o rs a n d Su s t a i n a b l e De v e l o p m e n t In d i c a t o rs 12 (2003), Adaptation in Developing Countries at 42-43, available at http://unfccc.int/ available at http://developmentfirst.org/Studies/SouthAfricaCountryStudies.pdf resource/docs/publications/impacts.pdf (last visited Feb. 15, 2009). (last visited Feb. 26, 2009). 16 UN Ne w s Ce n t e r , supra note 3. 5 See generally Renatè Janse van Vuuren, Alternative Energy for Africa: 17 Da v i ds o n & Wi n k l e r , supra note 4, at ii. Enhancement of the UN Millennium Development Goals, Sc i e n c e Sc o p e , June 18 Id. 2008, at 54-55, available at http://www.csir.co.za/enews/2008_july/pdfs/ 19 sciencescope.pdf (last visited Feb. 26, 2009). Id. 20 6 See generally Kyle W. Danish, An Overview of the International Regime Da v i ds o n e t a l ., supra note 8, at 5. 21 Addressing Climate Change, Su s t a i n a b l e De v . L. & Po l ’y, Winter 2007, at 10. See generally In t e r g o v e r n m e n t a l Pa n e l o n Cl i m a t e Ch a n g e , Cl i m a t e Ch a n g e 2007: Sy n t h e s i s Re p o r t , available at http://www.ipcc.ch/pdf/ 7 Ni c o Sc h r i j v e r e t a l ., In t e r n a t i o n a l La w a n d s u s t a i n a b l e De v e l o p m e n t : assessment-report/ar4/syr/ar4_syr.pdf (last visited Feb. 26, 2009). Pr i n c i p l e s a n d Pr a c t i c e 7 (2004). 22 Da v i ds o n e t a l ., supra note 8, at 5. 8 See generally Da v i ds o n & Wi n k l e r , supra note 4; Og u n l a d e Da v i ds o n 23 e t a l ., Cl i m a t e Ch a n g e , Su s t a i n a b l e De v e l o p m e n t a n d En e r g y : Fu t u r e Tr a d e Kn o w l e d g e Ne t w o r k , Su s t a i n a b l e De v e l o p m e n t : Th e Ca s e o f Pe rs p e c t i v e s f o r So u t h Af r i c a 5 (2002), available at http://www.oecd.org/ En e r g y i n So u t h Af r i c a 5 (Rashad Cassim & Wendy Jackson, eds. 2003). dataoecd/22/14/1934698.pdf (last visited Feb. 2, 2009). 24 See generally So u t h Af r i c a De p a r t m e n t o f Mi n e r a l s a n d En e r g y , Wh i t e 9 This is what prompted the African leaders to make a pledge, through The Pa p e r o n t h e En e r g y Po l i c y o f t h e Re p u b l i c o f So u t h Af r i c a (1998), avail- New Partnership for Africa’s Development (NEPAD), to eradicate poverty able at http://www.info.gov.za/whitepapers/1998/energywp98.htm (last visited and put African countries on a path of sustainable growth and development. Feb. 4, 2009). NEPAD, NEPAD in brief, http://www.nepad.org/2005/files/inbrief.php (last 25 Id. visited Feb. 2, 2009). 10 See generally van Vuuren, supra note 5. Endnotes: Climate Change, Energy, and Sustainable 11 Id. Development in South Africa continued on page 74

53 Su s t a i n a b l e De v e l o p m e n t La w & Po l i c y 19 Northeast Carbon Auction Kicks Off (WNPR- Connecticut Public Radio 23 Mark C. Trexler et al., A Statistically-Driven Approach to Offset-Based aired Sept. 25, 2008), available at http://www.cpbn.org/program/episode/ GHG Additionality Determinations: What Can We Learn?, Su s t a i n a b l e De v . regional-greenhouse-gas-initiative-ready-auction-carbon-dioxide (last visited L. & Po l ’y, Winter 2006 at 30, 31, available at http://www.wcl.american.edu/ Feb. 28, 2009). org/sustainabledevelopment/2006/sdlp_winter_2006.pdf (last visited Feb. 28, 20 Commission Proposal for a Directive of The European Parliament and of 2009) (explaining that the concept of additionality means that offsets would not The Council Amending Directive 2003/87/EC, at 9, COM (2008) 16 Final reduce emissions because an offset allowance would allow a company to emit (Jan. 23, 2008), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ. more GHG while not encouraging reductions beyond what the company would do?uri=COM:2008:0016:FIN:EN:PDF (last visited Feb. 28, 2009). have done without the offset). 24 21 Th e Cl i m a t e Tr u s t , 2007 RFP: Add i t i o n a l i t y & Ba s e l i n e Gu i d a n c e (2007), See Re g i o n a l Gr e e n h o u s e Ga s In i t i a t i v e , Ov e r v i e w o f RGGI CO2 ­Bu d g e t Tr a d i n g Pr o g r a m 9 (2007), available at http://rggi.org/docs/program_ available at http://www.climatetrust.org/solicitations_2007_Additionality.php summary_10_07.pdf (last visited Feb. 28, 2009). (last visited Feb. 28, 2009). 25 22 See Fe d e r a l Mi n i s t r y f o r t h e En v i r o n m e n t , Na t u r e Co n s e r v a t i o n a n d Id. Nu c l e a r Sa f e t y , Re n e w a b l e En e r g y a n d t h e Cl e a n De v e l o p m e n t Me c h a n i s m : 26 Electricity Supply Act, as amended 2003, art. 10 (N.S.W.), available at Po t e n t i a l , Ba rr i e rs a n d Wa y s Fo r w a rd A Gu i d e f o r Po l i c y -Ma k e rs 13 http://www.greenhousegas.nsw.gov.au/documents/Rule-DSA-Dec08-Gazette. (Meike Söker & Ellen von Zitzewitz eds., 2007) (explaining that the CDM, an pdf. offset mechanism, encourages the use and development of renewable energy 27 Id. technology), available at http://www.ren21.net/pdf/virtual_lib_local/CDM-EE- Netz.pdf (last visited March 1, 2009).

En d n o t e s : Cl i m a t e Ch a n g e , En e r g y , a n d Su s t a i n a b l e De v e l o p m e n t i n So u t h Af r i c a continued from page 53

26 Compare S. Af r Co n s t . 1996, § 24, with South Africa Department of 45 Id. ­Minerals and Energy, supra note 24. 46 Posting of Ingi Salgado to Environment News and Forums of South Africa, 27 Da v i ds o n e t a l ., supra note 8, at 7-8 http://www.environment.co.za/topic.asp?TOPIC_ID=1999 (May 26, 2008).

28 Id. at 8. 47 Sanchia Temkin, South Africa: Deloitte Warns on Carbon Tax, Bu s i n e ss - 29 Id. at 11. Da y , Jan. 19, 2009, http://allafrica.com/stories/200901190024.html. 48 30 Id. at 19. See Khumalo, supra note 43. 49 31 Id. South Africa Department of Minerals and Energy, White Paper on the Energy Policy of the Republic of South Africa (Dec. 1998), http://www.info. 32 Id. gov.za/whitepapers/1998/energywp98.htm (last visited Feb. 4, 2009). 33 United Nations Framework Convention on Climate Change, May 9, 1982, 50 South Africa Department of Minerals and Energy, White Paper on Renew- 1771 U.N.T.S. 107, 165; S. Treaty Doc No. 102-38 (1992); U.N. Doc. A/ able Energy (Nov. 2003), http://www.dme.gov.za/pdfs/energy/renewable/ AC.237/18 (Part II)/Add.1; 31 I.L.M. 849 (1992). white_paper_renewable_energy.pdf (last visited Feb. 4, 2009). 34 Kyoto Protocol to the United Nations Framework Convention on Coimate 51 Id. Change art. 12(1)(a), Dec. 10, 1997, U.N. Doc FCCC/CP/1997/7/Add.1, 37 52 I.L.M. 22 (1998). Tr a d e Kn o w l e d g e Ne t w o r k , supra note 23, at 10. 53 35 Debbie Sparks, Energy and the Environment, in En e r g y Po l i c i e s f o r Id. at 19. ­S u s t a i n a b l e De v e l o p m e n t i n So u t h Af r i c a : Op t i o n s f o r t h e Fu t u r e 88, 101 54 Agence Française de Développement, AFD and Combating Climate Change, (Harald Winkler ed., 2006), available at http://www.iaea.org/OurWork/ST/NE/ http://www.afd.fr/jahia/Jahia/site/proparco/lang/en/pid/3976 (last visited Feb. Pess/assets/South_Africa_Report_May06.pdf (last visited Feb. 26, 2009). 18, 2009).

36 Shaun Benton, SA adopts ‘bold’ climate change policy, So u t h Af r i c a .i n f o , 55 See Ri c h a rd L. Ot t i n g e r , Gl o b a l Cl i m a t e Ch a n g e Ky o t o Pr o t o c o l July 30, 2008, http://www.southafrica.info/about/sustainable/climate-300708. Implementation : Le g a l Fr a m e w o r k s f o r Implementing Cl e a n En e r g y htm (last visited Feb. 4, 2009). So l u t i o n s Pa c e La w Fa c u l t y Pu b l i c a t i o n s 24 (2000). See also Da v i ds o n & 37 Id. Wi n k l e r , supra note 4, at 31. 56 38 See generally Tim De Wet, South Africa: Improved Environmental Law SouthAfrica.info, Fighting Climate Change at Home, So u t h Af r i c a .i n f o . Enforcement – The Era of the Environmental Law Bounty-Hunter?, Mo n d a q , Feb. 14, 2006, http://www.southafrica.info/services/consumer/kyoto-140206. Oct. 20, 2005, available at http://www.mondaq.com/article.asp?articleid=35600 htm (last visited Feb. 4, 2009). (last visited Jan 26, 2009). 57 Id.

39 SouthAfrica.info, SA gets tough on air pollution, So u t h Af r i c a .i n f o , June 27, 58 Id.

2005, http://www.southafrica.info/about/sustainable/air-pollution-2106005.htm 59 Lucky Khumalo, to Power Eastern Cape, So u t h Af r i c a .i n f o , (last visited Feb. 26, 2009). March 9, 2007, http://www.southafrica.info/business/investing/opportunities/ 40 Themba Gadebe, Climate Change Body Launched, So u t h Af r i c a .i n f o , Oct. biofuels-080307.htm (last visited Feb. 7, 2009).

20, 2005, http://www.southafrica.info/ess_info/sa_glance/sustainable/update/ 60 Shaun Benton, South Africa goes for green fuels, So u t h Af r i c a .i n f o , climate2010.htm. Feb. 13, 2006, available at http://www.southafrica.info/about/sustainable/ 41 See Department of Minerals and Energy: Designated National Authority, -13130206.htm (last visited Feb. 7, 2009). available at http://www.dme.gov.za/dna/index.stm (last visited Feb. 15, 2009); 61 Ba l g i s Os m a n El a s h a e t a l ., Ba c k g r o u n d Pa p e r o n Im p a c t s , v u l n e r a b i l i t y see also Gadebe, supra note 40. a n d a d a p t a t i o n t o c l i m a t e c h a n g e i n Af r i c a , Prepared for the African Work- 42 See Gadebe, supra note 40. shop on Adaptation Implementation of Decision 1/CP.10 of the UNFCCC Con- 43 Sibongile Khumalo, Climate change proposal includes carbon tax, IOL vention, Accra, Ghana, Sept. 21–23, 2006, at 14. Ne w s f o r So u t h Af r i c a , http://www.iol.co.za/index.php?set_id=1&click_ 62 Id. at 15. id=13&art_id=nw20080803082221974C18277. 63 See South African Government Information, Science and Technology, 44 Ingi Salgado, SA’s First Carbon Tax Sets Precedent, Bu s i n e ss Re p o r t , http://www.info.gov.za/aboutsa/science.htm (last visited Feb. 26, 2009). http://www.busrep.co.za/index.php?fSectionId=563&fArticleId=4265871.

Wi n t e r 2009 74 64 South Africa.info, Government, business join climate change, So u t h Af r i c a . ­Clinton climate initiatives, So u t h Af r i c a .i n f o , Jan. 4, 2008, available at i n f o , Oct. 18, 2005, http://www.southafrica.info/ess_info/sa_glance/sustainable/ http://www.southafrica.info/about/sustainable/clintonclimateinitiative.htm update/climate1810.htm. (last visited Feb. 7, 2009). 65 EM-DAT: Emergency Events Database, http://www.emdat.be/Activities/ 72 Visser, supra note 71. other_data_subnational.html (last visited Feb. 16, 2009). 73 Id. 66 Disaster Mitigation for Sustainable Livelihoods Programme, http://www.egs. 74 Kuyasa Low Income Urban Housing Energy Upgrade Project, ICLEI, uct.ac.za/dimp/ (last visited Feb. 16, 2009). http://www.iclei-europe.org/index.php?id=kuyasa (last visited Feb. 15, 2009); 67 Un i t e d Na t i o n s De v e l o p m e n t Pr o g r a m Bu r e a u f o r Cr i s i s Pr e v e n t i o n a n d see also Mary Alexander, From Kyoto to Khayelitsha, So u t h Af r i c a .i n f o , Re c o v e r y , Re d u c i n g Di s a s t e r Ri s k : A Ch a l l e n g e f o r De v e l o p m e n t at 43, Feb. 22, 2005, http://www.southafrica.info/about/sustainable/kuyasa-121205. available at http://www.undp.org/cpr/whats_new/rdr_english.pdf (last visited htm (last visited Feb. 7, 2009). Feb. 16, 2009). 75 Alexander, supra note 74. 68 Id. 76 Id. 69 Id. 77 Id. 70 Id. 78 See generally Co n s u l t a n c y Af r i c a Intelligence , Ev a l u a t i n g t h e Ch a l l e n g e 71 See Combating Climate Change: Clinton Climate Initiative, http://www. o f Cl i m a t e Ch a n g e : So u t h e r n Af r i c a n Ad a p t a t i o n Me a s u r e s , available at clintonfoundation.org/what-we-do/clinton-climate-initiative/what-we-ve- http://www.consultancyafrica.com/africa-watch/newsletter/november-2008 (last accomplished (last visited Feb. 15, 2009); see also Emily Visser, Joburg, visited Jan. 26, 2009).

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4 Stefan Lovgren, Climate Change Driving Mongolian From Steppe to Cities, 20 P. Batima et al., supra note 1 (There are two types of dzud, white dzud and Na t ’l Ge o g r a p h i c Ne w s , February 21, 2008, available at http://news.national black dzud, in a white dzud the snow and ice is so thick that animals are unable geographic.com/news/2008/02/080221-mongolia-herders.html (last visited Feb. to forage for food. In a black dzud there is so little snow and ice that livestock 25, 2009). have no water to drink).

5 Id. 21 Th e Wo r l d Ba n k , En v ’t a n d So c . De v . De p ’t, Di s c u ss i o n Pa p e rs : 6 See generally William Kennedy, Survey: Bad News Around the bend for ­M o n g o l i a : A Re v i e w o f En v i r o n m e n t a l a n d So c i a l Im p a c t s i n t h e Mi n i n g e c t o r o r l d a n k Mongolia’s Water Supply, UB Po s t , Dec. 4, 2008. S vii (2006) [hereinafter W B ], available at http://siteresources. worldbank.org/INTMONGOLIA/Resources/Mongolia-Mining.pdf (last 7 Th e Wo r l d Ba n k , La n d Re s o u r c e s a n d Th e i r Ma n a g e m e n t : Mo n g o l i a visited Feb. 25, 2009). En v i r o n m e n t Mo n i t o r iii (2003). 22 P. Ba t i m a , AIACC, Cl i m a t e Ch a n g e Vu l n e r a b i l i t y a n d Ad a p t a t i o n i n t h e 8 L. Oc h i r k h u y a g & R. Ts o l m o n , ISPRS, Mo n i t o r i n g Th e So u r c e o f Tr a n s - Li v e s t o c k Se c t o r o f Mo n g o l i a (2006) [hereinafter Cl i m a t e Ch a n g e ], available Na t i o n a l Du s t St o r m s i n No r t h Ea s t As i a 835 (2008), available at http:// at http://www.aiaccproject.org/Final%20Reports/Final%20Reports/FinalRept_ www.isprs.org/congresses/beijing2008/proceedings/7_pdf/5_WG-VII-5/17.pdf AIACC_AS06.pdf (last visited Feb. 25, 2009). (last visited Feb. 25, 2009) (The increased dust storms carry air pollutants from 23 China and Mongolia to neighboring states, damaging human and animal health. P. Batima et al., supra note 1, at 24. Dust storms have also been responsible for grounding aircraft and closing 24 Cl i m a t e Ch a n g e , supra note 22, at xvii.

­businesses and schools). 25 La n d Re s o u r c e s , supra note 16, at 22, 27. 9 UN En v ’t Pr o g r a m [UNEP], Mo n g o l i a St a t e o f t h e En v i r o n m e n t 2002 53 26 Olivier Mahul, Senior Insurance Specialist, The World Bank, Insurance (2002), available at, http://www.rrcap.unep.org/reports/soe/mongolia_part1.pdf for the Poor Program, Address at Regional Workshop on Microinsurance: (last visited Feb. 25, 2009). Index-Based Livestock Insurance in Mongolia (Jan. 17, 2008) (on file with 10 N. Enkhbayar, President of Mongolia, Climate Change Concerns in Mon- the author). golia, Address at Columbia University World Leaders Forum (Oct. 29, 2007), 27 See generally Fernandez-Gimenez & Batbuyan, supra note 15. available at http://www.ambassademongolie.fr/Article/89-climate-change- 28 See id. at 2. concerns-in-mongolia.html (last visited Feb. 25, 2009). 29 La n d Re s o u r c e s , supra note 16, at 31. 11 Id. 30 Id. 12 Id. 31 Id. 13 P. Batima et al., supra note 1, at 5. See also UNEP, supra note 9. 32 Id. at 3. 14 UNEP, supra note 9. 33 Id. at 31. 15 See generally Maria Fernandez-Gimenez & B. Batbuyan, Law and Disorder 34 in Mongolia: Local Implementation of Mongolia’s Land Law, 35 De v . a n d P. Batima et al., supra note 1, at 5. See also Dashnayam Nachin, Natural Ch a n g e 1 (2002). Disasters in Mongolia and Some Experiences on Strengthening Disaster Protec- tion Capacity (July 2006) (unpublished abstract for presentation at 2006 APEA 16 Th e Wo r l d Ba n k , Mo n g o l i a En v i r o n m e n t Mo n i t o r 2003: La n d Re s o u r c e s Conference) (on file with the author). a n d Th e i r Ma n a g e m e n t 16 (2003) [hereinafter La n d Re s o u r c e s ], available at http://siteresources.worldbank.org/MONGOLIAEXTN/Resources/MEM2003. 35 The World Bank, Rural Development & Agriculture in Mongolia: Overview, pdf (last visited Feb. 25, 2009). http://go.worldbank.org/YKHTMU79W0 (last visited Feb. 17, 2009). 17 See Maria Fernandez-Gimenez, Sustaining the Steppes: A Geographical­ 36 Lovgren, supra note 4. ­History of Pastoral Land Use in Mongolia, 89 Th e Ge o g r a p h i c a l Re v . 3 37 See Mo n g o l i a We b Ne w s , Herders report 120,000 animals lost in ­January (1999). (Feb. 23, 2009), available at http://www.mongolia-web.com/content/view/ 18 La n d Re s o u r c e s , supra note 16, at 17. 2248/2/ (last visited Feb. 25, 2009); see also Fang Yang, Over 60,000 livestock die in hard winter in Mongolia, Xi n h u a Ne w s , Feb. 2, 2009, available at 19 Stefan Lovgren, supra note 4. http://news.xinhuanet.com/english/2009-02/02/content_10752836.htm (last visited Feb. 25, 2009).

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