It's time we let national lawmakers beef up the UN climate talks

We need to stop sidelining national legislation and lawmakers if we're to get an ambitious deal on climate change in Paris

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Environmental activists display a banner as they demonstrate in Berlin on November 23, 2009 ahead of the climate summit in Copenhagen.
Environmental activists display a banner as they demonstrate in Berlin on November 23, 2009 ahead of the climate summit in Copenhagen. Photograph: John Macdougall/AFP/Getty Images

Our collective response to climate change has been limited. This must change: we need a new generation of international agreement that is more robust, ambitious, inclusive, and, ultimately, more effective.

Governments rightly lead on the UN negotiations for a global legally binding climate change agreement, which have begun again this week in Bonn. This must be concluded by 2015 in Paris and come into force by 2020.

However, governments cannot do it all by themselves and other actors must now enter the international arena to ensure the level of ambition, and that the underpinning architecture of the agreement, is consistent with the globally agreed target of only a 2C temperature rise. This is for three key reasons.

First, environment ministers are often over-ruled by energy, economy or financial ministries from signing up to ambitious international commitments. One only has to look at the change in the prioritisation of environment policies during the economic crisis to see how quickly traditional shorter-term priories take precedence. A broader national political consensus must be reached.

Second, governments change: commitments made by one administration can be quickly washed away following an election.

And third, there is no credible enforcement of ‘internationally legally binding’ agreements. No country to date has faced a penalty for not implementing a promised reduction of greenhouse gas emissions or rate of deforestation.

This underlines that a new way of addressing these issues is urgently needed; one that builds a common understanding, creates domestic political support for action across political divides, reduces the risk of commitments being overturned after elections, and increases prospects for implementation.

A compelling way to achieve this is a greater focus on national legislation, specifically requirements to put into domestic laws, within a given timeframe, commitments made in international processes.

Domestic legislation, particularly when supported by cross-party lawmakers, is more durable than a commitment made at an international forum. In most, if not all, countries there is stronger compliance for domestic laws than for international commitments because non-compliance with domestic legislation opens up governments to legal challenge.

This has clear implications for the way international processes are constructed and, with a more sophisticated approach to the negotiations, there is an opportunity for a new generation of international agreement to emerge in Paris that is built on the solid foundations of national legislation.

Effective national laws are only possible if legislators are integrated into formal negotiations.

Thus far their involvement in the UN negotiations on climate change is mixed. Some countries (for example, Brazil and Germany) allow lawmakers to be part of the official country delegations to the UN processes. Others (for example the UK) bar legislators from such delegations, meaning if they attend, they are classified as “observers”, a comparable status with students and members of campaign groups.

This is not a call for yet another group to be at the negotiating table, but for recognition that, for a new generation of UN agreement to succeed, it is imperative to engage the constituency that has the legitimacy and authority to create the necessary national governance structures.

It’s surely time for the international community to recognise the importance of legislators, and national laws, in climate negotiations. To that end, our two-fold recommendations for the new international climate agreement could have an enormous impact on the effectiveness of the agreement.

First, include a requirement that all countries must put into national laws their commitments within a fixed period (for example, 24 months) of the agreement being reached in Paris in 2015. Second, require that key legislators be part of the official country delegations to the annual UN negotiations, or create a special new category of accreditation for lawmakers to provide access to negotiations.

The time is ripe for a new generation of international agreements that harness the power of national lawmakers. If we are properly engaged, rather than sidelined, we can help create the foundation for genuine sustainable development, and secure prosperity for the people we represent.

• Lord John Prescott, is former UK deputy prime minister and vice-president of the Global Legislators Organisation, which is hosting the World Summit of Legislators on Friday

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