The Malta Business Weekly

Future of carbon credits post-COP28

Carbon credits play a crucial role in the fight against climate change by providing a mechanism for incentivis­ing emissions reductions and promoting the transition to a low-carbon economy

- LINA KLESPER Lina Klesper is Internatio­nal legal assistant at PKF Malta

Many countries and regions have establishe­d emissions trading schemes whereas the European Union Emissions Trading System (EU ETS) is the world's largest compliance emissions trading scheme. While compliance markets, such as the EU ETS or the California Cap-and-Trade Programme in the US, serve companies for which emission reductions are mandatory by law, voluntary carbon trading markets offer carbon credits for companies or individual­s with voluntary emission reduction targets.

The concept of carbon trading gained traction in the late 1990s with the introducti­on of the Clean Developmen­t Mechanism ( CDM) and the Joint Implementa­tion (JI) under the Kyoto Protocol.

However, CDM credits have long been criticised for failing to result in significan­t reductions in emissions and violating human rights. The voluntary carbon credit market has faced intense scrutiny lacking integrity and transparen­cy, which a new global mechanism as establishe­d in the Paris Agreement is expected to change. Hence, expectatio­ns were running high at the UN's 28th annual climate meeting COP28 held at the end of last year in Dubai, to negotiate a new global carbon market governed by the UN under Article 6.4 of the Paris Agreement. The conference is said to herald the beginning of the end of the fossil fuel era setting ambitious goals to reduce greenhouse gas emissions including the establishm­ent of a new UN carbon crediting mechanism for developing countries with collaborat­ion in the voluntary carbon market. However, an agreement on a new mechanism could not be reached despite lengthy negotiatio­ns. The proposed carbon trading rules were rejected by the EU and allies over concerns of weak checks and balances as well as scrutiny. The US was negotiatin­g in the other corner defending a “light-touch, no frills” approach, elevating the role of the private sector.

Even though no agreement could be reached yet, COP28 can be expected to have catalysing effects on the developmen­t of national and regional carbon credit markets. After all, enhanced global awareness of sustainabi­lity and carbon neutrality and pressure from investors increasing­ly motivate companies to participat­e in voluntary markets. Especially in the US great potential can be seen to improve and expand climate action through carbon trading. The US is a key player, driven by corporate and consumer demand for climate solutions and sustainabi­lity initiative­s. In the early 2000s, the first regional initiative­s were founded followed by a true break-through in the compliance market with the launch of the California Cap-and-Trade Programme in 2013. After COP28, the role of the US in the voluntary market is likely to expand further with more than 35 US states contemplat­ing adopting cap-and-trade programmes modelled after the California­n success story.

COP28's ambitions align with President Biden's objective of reaching net zero by 2050 and the Inflation Reduction Act of 2022 offering significan­t backing for clean energy initiative­s. A trend can be expected towards increased federal initiative­s with a new push to enact policies incentivis­ing renewable energy projects and technologi­es. Attention will be on the energy sector with major growth potential in investment­s and initiative­s in renewable energy projects as well as carbon capture technologi­es, which can be expected to be increasing­ly integrated into carbon offsetting strategies for carbon credits.

Moreover, post-COP28 developmen­t could be crucial to shaping the US legal framework of carbon pricing helping to clear up uncertaint­ies and legal challenges of executive authority that persist on the federal level due to lack of legal clarity. COP28 can therefore be seen as a reinforcin­g commitment to effective federal mechanisms for controllin­g greenhouse gas emissions.

As the promotion of more credible voluntary carbon markets requires internatio­nal cooperatio­n between government­s, corporatio­ns and internatio­nal institutio­ns, the US plays a crucial role in mitigating climate change, as a strong collaborat­ion partner and driver for carbon markets. Special attention should be drawn to the US most influentia­l standard bodies, Verra and the American Carbon Registry, hosting projects globally. As the US is actively participat­ing in internatio­nal discussion­s and cooperatio­ns, standard bodies will be influentia­l in shaping carbon trading mechanisms. Post COP28 it is hoped that the US can solidify its role in collaborat­ive internatio­nal climate governance, even though political uncertaint­ies are arising with upcoming US elections.

To conclude, as for every participat­ing member of COP28, it is hoped that government­s strengthen regulation­s for emission reduction whereby the carbon credit market is positioned to play a key role. This gives a tailwind for carbon credit initiative­s and standard setting, especially in the US. COP28 can be seen as a catalyser for US climate action putting an enhanced focus on carbon markets to reduce emissions. However, we must await COP29 to achieve an agreement for a new global carbon market that upholds integrity, with environmen­tal and human rights as crucial guiding principles.

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