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Legal analysis John Charlton

(Nov. 11, 2009) — Last month Lord Christopher Monckton, former science adviser for the English Prime Minister Margaret Thatcher, warned that the proposed text of the Copenhagen Treaty on Climate Change was the vehicle for international marxists to establish a one-world Marxist government.  Interest in this dire warning has bloomed over the internet and remains a daily leader in those arriving at The Post & Email through search engines. For this reason The Post & Email will feature a detailed analysis of the treaty text.

The working document is termed “The Framework Convention on Climate Change“, and the recent version was approved by the “Ad-Hoc working Group on Long-Term Cooperative Action” under the U.N. Convention, at Bonn, Germany, Aug. 10-14, 2009.

See Part I, for an introduction and background to the working document.

For easy of reading, I suggest that you not read all the citations, but only those which most interest you, using my introductions as summaries, because this section is exceedingly long and tedious.

If at first We fail to succeed, we shall try, try again!

clown in copenhagen
A clown toys with tourists, in a central square of Copenhagen, Denmark

In this second part, I will focus on that part of the proposal known as “Annex II,” which serves as the engine to drive consent and future compliance.

To understand Annex II you need to remember this: that if a swindler cannot convince his victim the first time around, he will try to convince him to undertake changes which will put him into a position of eventually consenting.

That is the fundamental logic to Annex II and the reason why it is placed in second position in the document.  Remember that there have been made previous non-biding proposals, not accepted by all U.N. Members.  The proposed Framework therefore aims to induce all signatories to the treaty to accept what they did not accept in the past.

The Post & Email will decrypt the double-speak and introduce each section with what it evidently signifies in plain language.

Like Annex I, Annex II begins by proposing to constrain signatories to certain principles of ideology; in this case those stated in past failed accords:

[The Parties,

PP.1 Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as “the Convention”,

PP.2 In further pursuit of the ultimate objective of the Convention as stated in its Article 2,

PP.3 Recalling [the provisions of the Convention] [Article 4.1 of the Convention, which states that all countries have a responsibility to cooperate in preparing for adaptation to the impacts of climate change],

PP.4 Being guided by Articles 3.2, 3.3, 4.3 and 4.4,

PP.5 Recalling the Bali Action Plan adopted as decision 1/CP.13 by the Conference of Parties (COP) to the Convention at its thirteenth session,

PP.6 Recognizing the responsibilities of Parties under Principle 21 of the Stockholm declaration, which stipulates that activities within their jurisdiction or control of States do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction,

PP.7 Recognizing existing commitments and agreements concerning development responsibilities, including the Monterrey Consensus on financing for development and the Paris Declaration on Aid Effectiveness,

PP.8 Being further guided by the Barbados Programme of Action and the Mauritius Strategy for the Further Implementation of the Programme of Action for the Sustainable Development of Small Island Developing States,

PP.9 Recognizing that climate change poses a serious threat to social and economic development of all Parties,

PP.10 Acknowledging the need to accelerate action to address the adverse effects of climate change,

PP.11 Further acknowledging the findings of the Fourth Assessment Report of the Intergovernmental Panel on Climate Change that warming of the climate system is unequivocal, and that delay in reducing emissions significantly constrains opportunities to achieve low stabilization levels and increase the rise of more severe climate change impacts,

P.12 [Emphasizing][Recognizing] the urgency [and the immediacy of the climate change problem][to address climate change as indicated in the Fourth Assessment Report of the Intergovernmental Panel on Climate Change],

As well as repeating unproven assertions:

PP.16 Recognizing their responsibilities to urgently mitigate emissions that are, by causing climate change, damaging, and will continue to damage, areas beyond their national jurisdiction,

And bolstering existing pro-Climate change organizations, which have discredited themselves through their lack of objectivity:

PP.22 Recognizing the value of leveraging the work of existing organizations and institutions already involved in addressing climate-related risks and opportunities.

And re-affirming the intention to control not only national government, but also regional and local ones:

PP.17 Recognizing that adaptation occurs at local, regional and national levels, and is an inherent part of development planning and implementation,

And recommiting to a shared vision that the responsibility and costs will not be equally shared or implemented:

PP.18 Noting that there are major differences among the different regions of the world, and the States which they comprise, in terms of environmental, economic and social conditions and the level of development which will lead to different judgments on priorities in addressing problems related to adaptation to climate change,

PP.19 [Recognizing, and giving full consideration to, adaptation as an additional burden to developing countries, and which must address the specific needs and special circumstances of all developing country Parties, especially those that are particularly vulnerable to the adverse effects of climate change,]

And reiterating Al Gore’s Big-Fib about the disappearance of Island nations:

PP.20 [Recognizing][Noting] that [the LDCs and SIDS][low-lying and other small island countries, countries with low-lying coastal, arid and semi-arid areas or areas liable to floods, drought and desertification, and developing countries with fragile mountainous ecosystems] are particularly [the most] vulnerable to the adverse impacts of climate change [and that these groups of countries will suffer

And specifically targeting countries with the most advanced economies for penalties and burdens:

PP.21 [Recognizing that][Bearing in mind] [the specific needs and special circumstances] [special adaptation needs] of [the economically vulnerable] developing [countries][country Parties] [that are particularly dependent on fossil fuel production, use, and exportation, and][, especially those that are particularly vulnerable to the adverse effects of climate change, and of those Parties, especially developing countries Parties,] that would have to bear a disproportionate or abnormal burden [under  the Convention], should be given full consideration,

Lie, lie, lie, and something will come of it!

Annex II, then proceeds to laundry list its mendacious principles:

A. Objectives, scope and guiding principles

1. Adaptation is a challenge shared by all Parties.

but whose burdens and penalties are borne by only a few,

2. Adaptation to the adverse effects of climate change is an urgent global problem that requires long-term and coordinated actions, based on solidarity, and a shared responsibility for facilitating and mobilizing support and action on adaptation.

Even though there have been no adverse climatic changes, beyond those historically observed in pre-industrial societies.

3. [International cooperation on adaptation [is urgent and] shall be accorded the same level of priority and emphasis as that given to mitigation.]

By “adaption” here they mean accepting and entering into a process where there is no looking back or challenging the underlying false principles.

4. The Parties, in recognizing the need for greater efforts to adapt to climate change, agree to
further enhance the implementation of their common obligations under Article 4.1(e) of the Convention.

Which is an indirect way of saying, “agree to more extreme measures.”

And not only fear what we say about the present, but about the future too!

Then Annex II procedes to expand the notion of the objective, from preventing climate change, to preventing harm from future climate change:

8. Adaptation to the adverse effects of climate change is aimed at reducing the vulnerability and increasing the resilience of ecological, social and economic systems to present and future climatic changes, in order to minimize the threats to life and livelihoods, assets, amenities, ecosystems and sustainable development.

Which is another way of saying, that the agenda of world government won’t stand by and wait for climate change; neither will it lapse out of existence if climate change were averted, since the “religious dogmas” of the GAIA cult: that there is climate change and that there could be more climate change, demand constant control over everything and everyone.

Then, every “drought” itself will become the reason for blaming the economically advanced nations:

10. [International [adaptation action and] cooperation [shall] [should] [galvanize greater attention
and efforts towards adaptation at all levels to:] [be enhanced with a view to:]

(a) [Prevent, reduce or minimize the adverse effects of climate change, particularly on the most vulnerable developing countries, namely: the LDCs, the SIDS and the African countries affected by drought, as well as the poorest and most vulnerable populations in other developing countries such as those in central America] [Minimize the adverse impacts of climate change, to assist in

And to make sure you listen, sign away your rights to disagree!

Then the Community of Parties (COP), or signatories, will establish international laws to obligate member states in a coherent governmental manner:

12. [[The COP shall [adopt] [establish]] a comprehensive, [strategic] [robust] [flexible] [cooperative] [structured] [country-driven] and action-oriented [adaptation] [framework [of implementation]] [programme] [implementation framework/strategy/programme] [mechanism] [for] [adaptation and its means of implementation] [action on adaptation to the adverse effects of climate change] [on the implementation of adaptation action] [which includes an overarching policy strategy designed to stimulate actions to support domestic adaptation] [shall be adopted] [is [hereby] established] [under the guidance of the Convention] [based on the principles and obligations under the Convention] [and based on the principles and obligations acquired under it due to their historical GHG emissions] [whose objectives [are] [is]:] to:

(a) [Catalyse greater action on adaptation at all levels] [Galvanize national and internationalsupport for adaptation priorities in a range of sectors] [Enhance long-term cooperative action on adaptation in a manner that reduces the adverse effects of climate change and builds resilience to its impacts];

And establish a continuous form of revenue for programs that are deemed necessary or useful:

(c) [[Provide a comprehensive and structured approach to] Enable, support, facilitate and implement [urgent and immediate, medium- and long-term] adaptation actions, [by ensuring] [including through the provision of] the predictable, [stable,] adequate and timely flow of new and additional financial resources and the [development, deployment, diffusion, and] transfer of technology to [support] [enable urgent and immediate] national, [subnational,] regional, and subregional adaptation projects and programmes [to address the adverse effects of climate change] in all developing countries, [particularly LDCs and SIDS] [in accordance with the preamble of the Convention (preambular paragraphs 19 and 20) and its Article 4.4, 4.8 and 4.9];]

And obliges parties to an ever spiraling effort to self-indoctrinate themselves in GAIA mania:

(d) [Facilitate and mobilize support and actions on adaptation, to guide the Parties and to provide a basis for their activities to adapt to the adverse impacts of climate change. Parties are encouraged to take the framework into account in their cooperation with and support to relevant intergovernmental, regional and non governmental organisations as well as the private sector. The framework for action on adaptation should be guided and informed by Convention Articles 4.1 (b), (e) and (f), and will facilitate the implementation of adaptation action.]

Interfere in national sovereignties:

(f) Support and enhance the implementation of national adaptation plans;

(h) Encourage the development and implementation of modalities of inter-State cooperation to respond to the needs of affected populations who either cross on international frontiers as a result of or find themselves abroad and are unable to return owing to the adverse effects of climate change.]

And inexorably involve and entangle national, regional and local governments in a web of  every increasing and mutually magnifying indoctrination, implementational and regulatory efforts :

14. [[The adaptation framework shall be catalytic and established based on following assumptions:] [The following principles should guide the implementation of adaptation action:] [The implementation of the adaptation [framework][programme] [shall][should] be undertaken in the context of the following:] [Enhanced action on adaptation now, up to and beyond 2012 should:] [Adaptation planning and implementation by all Parties shall be [guided by principles of]:] [In their actions to achieve the objective of the adaptation framework, Parties should be guided, inter alia, by the following considerations:] [In furthering the implementation of the adaptation framework, Parties should be guided, inter alia, by the following, in the context of national adaptation planning processes and activities:]

(e) [[Integration of adaptation into existing and future planning and decision-making structures, tools and budgets] [Consideration of adaptation during national and sectoral planning, through an integrated and programmatic approach] [Encourage the integration of adaptation into development plans, programmes, and priorities] [Facilitate and promote an integrated cross-sectoral [best practice] approach] [Promote cross sectoral priorities especially integrated land and water resources management] [Adaptation planning should integrate land and water resources management at the ecosystem, watershed, or other appropriate scale];]

And impose international control on natural resources inside sovereign nations:

(i) Protect and sustainably manage the natural resource base, and recognize that ecosystems and the goods and services they provide (such as water, food, soil protection and carbon capture etc.) underpin resilience and are fundamental to support human adaptation and sustainable development;

And see that these international controls are enforced by a mutual policing of signatories:

(j) [Be supportive of national institutional arrangements] [Strong enabling environments include appropriate policy, legal and regulatory frameworks, and well-functioning markets that provide a foundation for increased flows of investment];

Promote socialism, indoctrination and bribery at all levels to achieve control:

(l) [Be flexible, [bottom-up], [results-based] and country-driven, involving all relevant stakeholders, [including women], with a view to enhancing [ownership] [joint robust governance] [at local, [subnational], national and regional levels] [of the process of building resilience] [of the implementation of adaptation actions [, including ownership of the means of implementation provided]];]

(m) [Plan and implement adaptation actions in a transparent and well documented way which is open to public scrutiny and discourse. Ensure the representation of key stakeholders, especially representatives of vulnerable communities, marginalized groups, women, and indigenous peoples at every stage of the process as appropriate – including in the governance and disbursement of adaptation finance, planning, implementation, monitoring and reporting] [Encourage the engagement of a wide range of stakeholders, including the private sector and civil society, in supporting and implementing adaptation action in developing country Parties] [Inclusive dialogue with all relevant stakeholders to be promoted in the identification of priorities] [Create arenas for sharing information and good practices, and forums where different public and private stakeholders can discuss concrete challenges];

And assert that the Climate change dogmas replace authentic scientific knowledge and research:

(n) [[Adaptation should be based on a solid foundation of] [Be guided and informed by] [[sound] scientific and technological knowledge][, including] [emerging] scientific findings, by [continuous learning and] [[evidence-based vulnerability] assessment processes] [[, and by] [including] traditional knowledge] [Be informed by the best available scientific research, observation and assessment on climate change, impacts and vulnerabilities, and adaptation, be environmentally sound, economically efficient, effective and should promote on-the-ground results] [Reflect indigenous knowledge and practice] [Enhance, support and promote the local traditional adaptation methods which have been experienced historically and successfully];]

Spend monies before knowing how to spend them:

(o) [[Adopt a learning-by-doing approach] [on adaptation planning and implementation, recognizing the urgency to adapt in the absence of complete information and the need to develop and implement flexible plans and programmes that can be updated on the basis of new information and learning]] [Take into account the learning-by-doing approach and replicate it] [Support documentation and the scaling up of best practices of implementation in community and national adaptation projects];

Construct regional compacts to control signatories in that part of the world:

(x) [Enhance bilateral and regional cooperation in accordance with existing legal frameworks, where appropriate, especially between countries with shared or transboundary resources] [Enable regional assessments of vulnerability and of impacts of adaptation actions and measures between countries with shared natural resources];

And transform existing international accords in accord with the Climate Change doctrines and false assumptions:

(y) [[[Be consistent with the principles under] [Take into account, where possible principles of other relevant Conventions] [Promote synergies with other relevant international agreements] [Facilitate linkages with] [such as] [similar activities being undertaken, if any, in pursuance of] the Convention on Biological Diversity, the United Nations Convention to Combat Desertification, [and] [relevant Declarations including] the United Nations Declaration on the Rights of Indigenous Peoples and the Convention on the Elimination of all forms of Discrimination Against Women [among others]] [Recognise the need to respect indigenous rights and be consistent with relevant international instruments, obligations and laws];]

(z) The respect for, protection and promotion of the fundamental human rights and basic rights as outlined in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, International Covenant on Cultural and Political Rights and other relevant conventions and treaties.]

And to make sure your people listen, we’re going to tell you how to change your internal laws!

The Framework then specifies that each nation should have a National Adaption Plan Assessment (NAPA), and specifies what should be in these:

20. [National adaptation plans [should] [could] include [at least][, inter alia]:

(a) Vulnerability assessments;
(b) Prioritization of actions;
(c) [Financial needs assessments;]
(d) Capacity-building [and response] strategies;
(e) Means for integrating adaptation actions into [thematic areas] [sectoral] and national planning;
(f) Identification of specific projects and programmes;
(g) Identification of means to incentivize the implementation of adaptation actions;
(h) [Ways to enable climate-resilient development and reduce vulnerability;]
(i) Disaster risk [[reduction] and] management strategies;
(j) [Means to diversify the economy as an adaptation strategy].]

Which is a veiled way of dictating uniform national laws, by an international accord.

These NAPA’s will be rewritten every 3 years, with funding for lobbyists coming from the international entities charged which pushing the Climate Change frenzy:

22. [National adaptation plans [are to be] [should be] [reviewed and] updated [every [three to] four years] [with financial support from the Convention Adaptation Fund]. [Implementation of] national [adaptation plans [and actions]] [adaptation planning processes] [should be ongoing and iterative, and activities] [should be] [could be] [reported] [included] as part of a country’s national communication.]

These NAPA’s will oblige developed nations to assist in indoctrination and control of underdeveloped nations:

25. [The adaptation [implementation] [framework] [programme] [shall] [should] support and enhance the implementation of national adaptation programmes, projects, actions and plans [in all developing countries, particularly low-lying and other small island countries, countries with low-lying coastal, arid and semi-arid areas or areas liable to floods, drought and desertification, and developing countries with fragile mountainous ecosystems].] [Developing country Parties shall be assisted by developed country Parties to implement adaptation activities, projects, programmes, strategies and actions identified through various national processes, including in national communications.] [LDC adaptation actions will be supported by financing, technology, and capacity-building. Issues relating to finance and technology are discussed in their respective sections elsewhere in the text.]

These NAPA’s will effectively implement indoctrination and control of all aspects of national government, economies and populations:

26. [Adaptation [action] [plan] includes:

(a) [Specific [short-, medium- and long-term] adaptation programmes, projects, and actions for implementation [at local, subnational and national levels] [at all levels, including local, subnational and national levels] [at project and sectoral levels]; and activities identified in the national adaptation plans, and in integrated climate territorial plans [and cross-sectoral and sector-based activities], including NAPAs; and from the household up through macro-level to ensure adaptation actions respond to the needs of entire communities;]

(b) [Programmes, projects, actions, strategies and measures to reduce, manage and share risk, including early warning systems, insurance-related activities [and activities addressing loss and damage from climate change impacts, including those arising from extreme weather events] and gradual changes;]

(c) [Programmes, projects, actions, strategies and measures] [Administrative and legislative actions] [to build resilience] [to enhance adaptive capacity], [including through economic diversification];

(d) Strategies and measures geared to minimize adverse social, environmental and economic impacts on developing countries identified in Article 4, paragraphs 8 and 9, of the Convention;

(e) [R&D, deployment, diffusion and transfer of [adaptation technologies] [technologies for adaptation], including capacity-building, taking into account [sector-specific adaptation technologies, ecosystem-scale intersectoral linkages and] endogenous national or regional adaptation technologies in a voluntary manner and consistent with relevant international

(f) [[Means to protect] [Activities related to national and international [migration of] [displacement of] [planned relocation of] [responses to]] [climate [refugees] [migrants]] [persons] [individuals and peoples] [displaced by] [affected by] [extreme climate events] [the [adverse] impact of climate change].]]

And to make sure you keep these laws, give us control over the world economy!

Under part C, “Means of Implementation”, central planning for world development is asserted:

28. [The adverse effects of climate change [and response measures] [, due to the historical cumulative GHG emissions of developed countries,] constitute an additional burden on [all] developing country Parties [particularly low-lying and other small island countries, countries with low-lying coastal, arid and semi-arid areas or areas liable to floods, drought and desertification, and developing countries with fragile mountainous ecosystems] in reducing poverty [, developing strategies to address social vulnerabilities] and attaining sustainable development and [a threat to achieving] the United Nations Millennium Development Goals.] [Economic and social development and poverty eradication are the first and overriding priorities of the developing country Parties, as stated in Article 4.7 of the Convention.]

And pay us a tax to police you and beat you down!

And the establishment of international funding by developed nations to provide continuous support for Climate change agendas:

29. [[The adaptation [framework] [programme]] [The provision of [financial resources, including technology transfer and capacity-building shall be in accordance with Article 4.3, 4.4 and 4.5 of the Convention and] must provide] scaled-up new, additional, adequate, predictable and sustainable financial [resources], technological and capacity-building support to address all key areas of the adaptation [framework] [programme] in a manner that is holistic, and consistent with national and regional development objectives, programmes and plans.] [Therefore, the financial support additional to ODA necessary for the implementation of adaptation actions should be covered in full by the developed country Parties.] [Financial support [must therefore be additional to finance for development, i.e. ODA, and] [shall] [should] be provided [by developed country Parties] [both] on a grant basis [and as concessional loans] to [assist in meeting] [meet] the [agreed] [full costs] [and] [agreed] [full] [incremental] costs of adaptation [action] in developing countries [with special consideration given to LDCs and SIDS] [and for stand-alone adaptation programmes].] [Developed country Parties shall improve access to new, additional and predictable financial flows.] [The developed country Parties shall provide new and additional financial resources – above what is now provided for national communications – to meet the agreed full costs incurred by developing country Parties in compliance with their obligations under Article 12, paragraph 1, and Article 4, paragraph 3, of the Convention.]

And there is explicit recognition that this international funding, required of each nation, will be obligatory and policed by foreigners:

30. The provision of financial and technical support by developed country Parties for adaptation programmes in developing countries is a commitment under the Convention that must be urgently fulfilled. Commitments made by Annex I Parties to support implementation of the Adaptation  Framework through financial and technology transfer shall be legally binding, with provisions for a [monitoring, reporting and verification] mechanism to ensure compliance. There should be regular reporting through national communications on the implementation by developed country Parties and other developed Parties included in Annex II of their commitment under Article 4.4 of the Convention to assist vulnerable developing countries in meeting the costs of adaptation.

And they’re not talking about pennies and dimes:

33. By 2020 the scale of financial flows to support adaptation in developing countries must be [at least USD 67 billion] [in the range of USD 70–140 billion] per year. [Sources of new and additional financial support for adaptation [must meet the full agreed incremental costs of adaptation and initially be within a minimum range of USD 50–86 billion per annum and regularly updated in the light of new emerging science, financial estimates and the degree of emission reductions achieved.] [will be needed to scale-up adaptation activities at the country level in developing country Parties].] Adaptation financing must be substantially scaled up and must be sufficient to:

Seeing that the U.S.A.’s ecnomy is about 10% of the entire world economy, you know who will be paying more than 10%: the American Taxpayer.

And these funds will be under influence or control of the World Bank, that is of international financiers:

34. [Taking into account the provisions of paragraph 38 below, developing country Parties [– those Parties eligible to borrow from the World Bank (IBRD and/or IDA) or eligible recipients of UNDP technical assistance through its country indicative planning figure (IPF) –] [particularly low-lying and other small island countries, countries with low-lying coastal, arid and semi-arid areas or areas liable to floods, drought and desertification, and developing countries with fragile mountainous ecosystems] [giving priority to the most vulnerable] [and Parties with economies in transition] [[[shall] [should] [receive access to] [be provided with] finance [on a continuous basis], technology and capacity-building [by at least 0.5 per cent of GDP of developed countries], to support adaptation action at local, subnational, national, regional and global levels, including:] [shall be supported in their adaptation actions, including adaptation planning and implementation, and support to adaptation action [shall] [should] encompass provisions for:]

Finally, section D covers risk management, and section E details international regulatory bodies and collaborative accords.  Annex II ends on p. 54 of the document.

In summary, Annex II reeks with the hubris, impatience and malice of Marxist and Socialist bureaucrats who insist on imposing their world-view, beliefs, vision,  and control upon the entire human race, and making the latter pay them to do it!  This is a pandemic-megolamania with a vengeance, far more dangerous to humanity than any plague or influenza.

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  1. In order to avoid the two-thirds vote in the Senate that is required for a treaty, the Obama administration is likely to seek approval of the new Climate Change Monstrosity as a trade agreement.