The Treaty:
The Paris Agreement is a legally binding International Treaty on Climate Change. It was adopted by 196 countries, including St. Vincent and the Grenadines, Barbados, Trinidad, Jamaica and all CARICOM member states at the UN Climate Change Conference (COP21) in Paris, France, on Dec. 12, 2015.
The agreement came into force on Nov. 4, 2016. It aims to strengthen global response to the threat of climate change by sustainable development and the eradication of poverty. These goals are to be achieved by reducing and halting the global increase in temperatures, increasing adaptability, whilst not disrupting food production, and providing financial assistance for low greenhouse gas emissions and climate-resilient development.
The multilateral agreement by its very nature almost adapts in its entirety the polluter pay principle, by placing an obligation on developed countries, which are responsible for more than 80% of global carbon emissions, to provide financial assistance in the form of grants and technological support, among other things, to assist developing countries with climate change mitigation and adaptation.
The US withdrawal from the Paris Agreement:
The United States signed the agreement on April 22, 2016, under the leadership of President Barack Obama. It was quickly reversed by President Donald Trump in 2017. On Jan. 20, 2021, President Joe Biden confirmed the US’ intentions to rejoin the agreement and did so on Feb. 20, 2021. Trump’s decision on his first day in office to withdraw once again from the Paris Agreement, indicating that the United States is in an “energy emergency” and committing to reversing the United States’ climate regulations and boost oil and gas production, relinquishes the United States’ commitment at the recently concluded COP29 to advance clean energy production.
This action by Trump to withdraw from the agreement will not take immediate effect as the agreement requires one year to elapse after receipt of a state’s notification to withdraw. Notwithstanding this, it raises concerns about the previous commitments made by the United States and the alarming intentions of the Trump administration for the next four years.
The US withdrawal from the Paris Agreement means that the treaty would no longer be binding and enforceable against the United States as per Article 38 of the Statute of the International Court of Justice, which indicates that international conventions are sources of international law. Further, this would mean that there would be no obligation on the United States to contribute financially and otherwise to any of the initiatives, programmes and funds under the agreement. Additionally, apart from it being a setback to the financial targets set out at COP 29, The US’ withdrawal also means that the US no longer would be required to prepare, communicate and maintain successive Nationally Determined Contributions (NDC) to the global response to climate change. An NDC outlines how a country plans to reduce greenhouse gas emissions in accordance with the overall plan set out in Article 2 of the Paris Agreement.
‘What’s the big deal? Trump withdrew from the agreement in 2017’
1. The big deal is that in 2024, for the first time in our history, Earth’s temperature rose 1.29 degrees Celsius above the 20th century average — 0.10 of a degree Celsius warmer than in 2023. These statistics clearly indicate that a collective and targeted approach must be taken to combat the effects and impact of global warming and climate change.
2. The big deal is that in 2017, Trump’s withdrawal was based on disbelief that climate change exists. Eight years later, following his re-election it is not one of disbelief that climate change is real but a total disregard for the economic, social and environmental impact that climate change is having on developing countries. Trump, on this occasion, was clear with his intention, which is to advance production in the oil and gas industry to build the economy of the United States ], which he claims is “struggling”.
3. The big deal is that at the recently concluded COP29, the United States, the world’s second-largest emitter of carbon and other developed countries pledged to raise US$300 billion annually for developing countries by 2035 and to scale up financing to developing countries from public and private sources to US$1.3 trillion a year by 2035.
4. The big deal is that after much negotiation, the loss and damage fund aimed at helping developing countries compensate for loss and damage from disasters exacerbated by climate change was established. For many developing countries this was a partial win in this climate crisis as $720 million was protested as being not enough, with the US only contributing less than 5%. Moreover, these finances will be managed and distributed by the World Bank, the enemy of developing countries’ development.
5. The big deal is that Hurricane Beryl and other recent disasters have destroyed infrastructure, claimed lives and destroyed livelihoods. The recovery budget on each occasion was financed significantly by loans, grants and donations. Additionally, these frequent and destructive weather systems have exposed our fragile economies in the region, built on tourism, agriculture and foreign direct investment, all prone directly and indirectly to the impact of climate change.
6. The big deal is that St. Vincent and the Grenadines, Barbados, Trinidad and Tobago and Jamaica have budgeted significant sums between 2024-25 towards climate change mitigation and adaptation projects. These include river and sea defence projects, water security and supply projects, resilient infrastructure projects, agriculture reform and food security projects and housing projects.
What do we do as a country and as CARICOM?
1. The reality of the devastating impacts of climate change on our islands has given us another reason to truly become a united front economically and otherwise not just an internationally recognised zone of peace. The time has come for us to truly become citizens of our Caribbean Community. “A Community for All”.
2. The individual and collective voices on the global stage echoing the message of alarm and a cry for action against climate change must begin to act in accordance with the Foreign Direct Investment Guidelines as proposed by CARICOM to advance the sustainable development of our community and individual states. “Our islands are not for sale” must not only be a convenient phrase but it must be reflected in the terms and conditions of our agreements with developed countries who refuse to recognise our vulnerability but are quick to take advantage of our economic disabilities.
3. Food security and sustainable agriculture must become a top priority on the agenda of our governments and of CRICOM. It would be interesting to know where we are at regarding the commitment made by heads of government in 2022 to reduce the regional food import bill by 25% at the end of 2025. This they aimed to achieve by giving special attention to priority crops and products such as poultry, corn, soya, meat (goat, sheep, beef), rice and niche vegetables which are highly imported in the region. CARICOM Secretariat Secretary-General, Carla Barnett said:“Generally, structural characteristics of our economies have meant that we import more than 60% of the food we eat, with some countries importing more than 80% of the food they eat. Over the period 2018-2020, the CARICOM food import bill was US$13.76 billion or approximately 5% of GDP.” St. Vincent and the Grenadines’ food import bill moved from on average $200 million between 2011 and 2020 to over $270 million in 2024. The idea that we must eat what we grow and grow what we eat has yet to reach the masses. Moreover, these statistics show how our agriculture sector has been affected in part by the impact of climate change over the last few years.
4. The Caricom Single Market and Economy (CSME) must reach its fullest potential, along with the Caribbean Development Bank (CDB), to truly create a unified economic space within the Caribbean region by facilitating the free movement of goods, services, labour, and capital across member states, ultimately promoting economic growth and regional integration among Caricom member states.
5. A deliberate effort needs to be made through national policy and through the Convention for the protection and development of the marine environment of the wider Caribbean region (Cartagena Convention) and through the biodiversity convention to which member states of CARICOM are parties, to protect, conserve and sustainably use our scarce resources. We have a responsibility to the next generation, which should ultimately guide our policies and regulations especially in relation to our marine and land resources.
The withdrawal of the United States from the Paris Agreement as vital as such an agreement is to the global community especially developing countries and the constant need to plead, prove and beg for assistance is a timely reminder to us all as a community and as a country that we are not a priority for developed countries even though we are their biggest consumers.
Our advocacy and demand for action must continue in our national and regional educational institutions (the University of the West Indies, the law schools etc.), along the banks of the rivers and along the seashore, on the ocean and in the fish market, in the supermarket and on the farms, on the television and on the radio, on social media and in social gatherings, on the construction sites and in the air-conditioned conference rooms, at the dinner table and on the playing field, on the world stage and behind closed doors.
Our approach as developing countries, including all the member states of CARICOM must be to unite in our efforts against those who make up a large percentage of our food and import bills. It is these developed countries that continue to refuse to restructure the Bretton Woods Agreement which gave rise to the World Bank and the International Monetary Fund (IMF) to better assist developing countries.
I conclude with the words of Prime Minister Mia Mottley at COP26. “The pandemic has taught us that national solutions to global problems do not work… Code Red. Code Red to the G7 countries, code red, code red to the G20.”
Code red, CARICOM! Code red, CARICOM! Our time to truly become united is now.
Delano O. King
Top performer International Environmental Law
Top performer Caribbean Environmental Law
UWI Mona 2024
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