Institutions and Organizations
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David G. Victor
Nadejda M. Victor
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Since the fall of communism, the U.S. and Russia have been searching for areas for mutually beneficial cooperation. While oil has historically taken center stage, David and Nadejda Victor argue that diplomats should consider nuclear energy as well.

Since the Iron Curtain came crashing down, American and Russian diplomats have been searching for a special relationship between their countries to replace Cold War animosity.

Security matters have not yielded much. On issues such as the expansion of Nato, stabilising Yugoslavia and the war in Chechnya, the two have sought each other's tolerance more than co-operation. Nor have the two nations developed much economic interaction, as a result of Russia's weak institutions and faltering economy. Thus, by default, "energy" has become the new special topic in Russian-American relations.

This enthusiasm is misplaced, however. A collapse of oil prices in the aftermath of an invasion of Iraq may soon lay bare the countries' divergent interests. Russia needs high oil prices to keep its economy afloat, whereas US policy would be largely unaffected by falling energy costs. Moreover, cheerleaders of a new Russian-American oil partnership fail to understand that there is not much the two can do to influence the global energy market or even investment in Russia's oil sector. The focus on oil has also eclipsed another area in which US and Russian common interests could run deeper: nuclear power. Joint efforts to develop new technologies for generating nuclear power and managing nuclear waste could result in a huge payoff for both countries. These issues, which are the keys to keeping nuclear power viable, are formally on the Russian-American political agenda, but little has been done to tap the potential for co -operation. Given Russia's scientific talent and the urgent need to reinvigorate nuclear non-proliferation programmes, a relatively minor commitment of diplomatic and financial resources could deliver significant long-term benefits to the United States.

On the surface, energy co-operation seems a wise choice. Russia is rich in hydrocarbons and the US wants them. Oil and gas account for two-fifths of Russian exports. Last year, Russia reclaimed its status, last held in the late 1980s, as the world's top oil producer. Its oil output this year is expected to top eight million barrels per day and is on track to rise further. Russian oil firms also made their first shipments to US markets last year - some symbolically purchased as part of US efforts to augment its strategic petroleum reserve. In addition, four Russian oil companies are preparing a new, large port in Murmansk as part of a plan to supply more than 10 per cent of total US oil imports within a decade.

Meanwhile, the US remains the world's largest consumer and importer of oil. This year, it will import about 60 per cent of the oil it burns, and the US Energy Information Administration expects foreign dependence will rise to about 70 per cent by 2010, and continue inching upwards thereafter. Although the US economy is much less sensitive to fluctuations in oil prices than it was three decades ago, diversification and stability in world oil markets are a constant worry.

War jitters and political divisions cast a long shadow over the Persian Gulf, source of one-quarter of the world's oil. In Nigeria, the largest African oil exporter, sectarian violence periodically not only interrupts oil operations but also sent Miss World contestants packing last year. A scheme by Latin America's top producer, Venezuela, to pump up its share of world production helped trigger a collapse in world oil prices in the late 1990s and ushered in the leftist government of President Hugo Chavez. Last year, labour strikes aimed at unseating Mr Chavez shut Venezuela's ports and helped raise prices to more than US$ 30 (HK$ 234) a barrel. Next to these players, Russia is a paragon of stability.

The aftermath of a war in Iraq would probably provide a first test for the shallow new Russian-American partnership. Most attention on Russian interests in Iraq has focused on two issues: Iraq's lingering Soviet-era debt, variously measured at US$ 7 billion to US$ 12 billion, and the dominant position of Russian companies in controlling leases for several Iraqi oilfields. Both are red herrings. No company that has signed lease deals with Saddam Hussein's government could believe those rights are secure. Russia's top oil company, Lukoil, knew that when it met Iraqi opposition leaders in an attempt to hedge its bets for possible regime change. (Saddam's discovery of those contacts proved the point: he cancelled, then later reinstated, Lukoil's interests in the massive Western Kurna field.)

Russian officials have pressed the US to guarantee the existing contracts, but officials have wisely demurred. There would be no faster way to confirm Arab suspicions that regime change is merely a cover for taking control of Iraq's oil than by awarding the jewels before a new government is known and seated.

Of course, the impact of a war on world oil supply and price is hard to predict. A long war and a tortuous rebuilding process could deprive the market of Iraqi crude oil (about two million barrels a day, last year). Damage to nearby fields in Kuwait and Saudi Arabia could make oil even more scarce. And already tight inventories and continued troubles in Venezuela could deliver a "perfect storm" of soaring oil prices.

The most plausible scenario, however, is bad news for Russia: a brief war, quickly followed by increased Iraqi exports, along with a clear policy of releasing oil from America's reserves to deter speculators. A more lasting Russian-American energy agenda would focus on subjects beyond the current, fleeting common interest in oil. To find an area in which dialogue can truly make a difference, Russia and the US should look to the subject that occupied much of their effort in the 1990s, but that both sides neglected too quickly: nuclear power.

With the end of the Cold War, the two nations created a multi-billion-dollar programme to sequester Russia's prodigious quantities of fissile material and nuclear technology. The goal was to prevent these "loose nukes" from falling into the hands of terrorists or hostile states.

The Co-operative Threat Reduction programme also included funds to employ Russian scientists through joint research projects and academic exchanges.

Inevitably, it has failed to meet all its goals. In a country where central control has broken down and scientific salaries have evaporated, it is difficult to halt the departure of every nuclear resource. Nor is it surprising that US appropriators have failed to deliver the billions of dollars promised for the collective endeavour. Other priorities have constantly intervened, and Russia's uneven record in complying with arms control agreements has made appropriation of funds a perpetual congressional battle. Various good ideas for reinvigorating the programme have gone without funding and bureaucratic attention - even in the post-September 11 political environment, in which practically any idea for fighting terrorism can get money.

Russia has opened nuclear waste encapsulation and storage facilities near Krasnoyarsk, raising the possibility of creating an international storage site for nuclear waste. This topic has long been taboo, but it is an essential issue to raise if the global nuclear power industry is to move beyond the inefficiencies of small-scale nuclear waste management.

Russia should also be brought into worldwide efforts to design new nuclear reactors. The global nuclear research community, under US leadership, has outlined comprehensive and implementable plans for the next generation of fission reactors. The Russian nuclear programme is one of the world's leaders in handling the materials necessary for new reactor designs. Yet Russia is not currently a member of the US government-led Generation IV International Forum, one of the main vehicles for international co-operation on fission reactors and their fuel cycles. Top US priorities must include integrating Russia into that effort, endorsing Russia's relationships with other key nuclear innovators (such as Japan), and delivering on the promise made at last summer's G8 meeting of leaders of the world's biggest economies - to help Russia secure its nuclear materials.

For opponents of nuclear power, no plan will be acceptable. But the emerging recognition that global warming is a real threat demands that nations develop serious, environmentally friendly energy alternatives. Of all the major options available today, only nuclear power and hydroelectricity offer usable energy with essentially zero emissions of greenhouse gases.

Neither government should be naive about the sustainability of this endeavour. Russia is not an ideal partner because its borders have been a sieve for nuclear know-how and because its nuclear managers are suspected of abetting the outflow. Thus, plans for nuclear waste storage, for example, must ensure that they render the waste a minimal threat for proliferation. The US must also be more mindful of Russian sensitivity to co-operation on matters that, to date, have been military secrets.

Another difficult issue that both nations must confront is Russia's relationship with Iran. A perennial thorn in ties, Russia's nuclear co -operation with officials in Tehran owes much not just to Iranian money but to the complex relationship between the two countries over drilling and export routes for Caspian oil. This link to Iran cannot be wished away, as it is rooted in Russia's very geography. Any sustainable nuclear partnership between the US and Russia must develop a political strategy to handle this reality.

The world, including the US, needs the option of viable nuclear power. Yet Russia's talented scientists and nuclear resources sit idle, ready for action.

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Over the last three decades a wave of reform has spread nearly every aspect of modern economic activity. Reformers have sought to replace state control with markets in air transportation, telecommunications, banking, ports, railroads, food service, and sundry other activities. Even Russian vodka is the product, today, of markets rather than a state behemoth. The experience with reform has underscored that markets to do not arise or function spontaneously. They require institutions, such as law courts, securities markets and regulatory agencies, to deliver on their promise. Yet the political and practical challenges in creating this institutional footing explain, often, why actual practice remains distant from the economist's theoretical optimum for market reform.

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Program on Energy and Sustainable Development Working Paper #1
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Thomas C. Heller
David G. Victor
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Energy development, interpreted broadly to mean increased provision and use of energy services, is an integral part of enhanced economic development. Advanced industrialized societies use more energy per unit of economic output and far more energy per capita than poorer societies, especially those still in a preindustrial state. Energy use per unit of output does seem to decline over time in the more advanced stages of industrialization, reflecting the adoption of increasingly more efficient technologies for energy production and utilization as well as changes in the composition of economic activity (see, e.g., Nakicenovic 1996). And energy intensity in today's developing countries probably peaks sooner and at a lower level along the development path than was the case during the industrialization of the developed world. But even with trends toward greater energy efficiency and other dampening factors, total energy use and energy use per capita continue to grow in the advanced industrialized countries, and even more rapid growth can be expected in the developing countries as their incomes advance. The fact that expanded provision and use of energy services is strongly associated with economic development leaves open how important energy is as a causal factor in economic development. Development involves a number of other steps besides those associated with energy, notably including the evolution of education and labor markets, financial institutions to support capital investment, modernization of agriculture, and provision of infrastructure for water, sanitation, and communications. This is not just an academic question; energy development competes with other development opportunities in the allocation of scarce capital and in the allocation of scarce opportunities for policy and institutional reform.

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Program on Energy and Sustainable Development Working Paper #9
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In recent years, the U.S. debate on global warming policy has been stymied by the unachievable goals of the Kyoto Protocol. Cutting U.S. emissions by one-quarter in barely a decade, as agreed at Kyoto, was never politically feasible.

Now the Bush administration, nearly a year after pulling out of the Kyoto Protocol, has finally announced its own plan for global warming. It falls far short of a grand strategy but does take a few important steps forward.

One of them is to offer a better way to measure progress on the problem. The Bush plan sets goals in terms of "greenhouse gas intensity" -- the ratio of greenhouse gas emissions per unit of economic activity. That ratio declines as the economy grows and policies encourage people to control emissions of greenhouse gases. The administration seeks an 18 percent reduction in intensity over the next decade.

By contrast, the Kyoto approach would require the United States and all other industrialized nations to regulate their total quantity of emissions to exacting targets during brief five-year periods. Thus the Kyoto approach unwittingly pitted advocates of economic growth against those who sought environmental protection, especially in the United States. As the U.S. economy grew rapidly in the 1990s, emissions soared, and it became ever harder to devise an economic plan for meeting the Kyoto limits.

The truth is that policymakers are not able to plan compliance for Kyoto-style targets because they don't really have much control over the short-term volume of emissions. Governments can implement such policies as fuel economy standards or tax credits for carbon-free fuels, but these are most effective only over long time periods. By putting a spotlight on trends in greenhouse gas intensity over long periods of time, the new approach better matches goals with the real leverage available to policy- makers.

The administration's plan would also invest more in scientific research on the causes and dangers of global warming. And it wisely pumps new money into research on energy technologies, such as fuel cells, that may allow future generations to move beyond fossil fuels.

But the weaknesses in the plan are severe. First, it is exceedingly modest. The planned cut in greenhouse gas intensity -- less than 2 percent per year compounded over the next decade -- sounds like a lot, but viewed from the long perspective of economic history it is trivial. In the 19th century, U.S. greenhouse gas intensity rose as industrialization accelerated the burning of fossil fuels even more rapidly than the economy swelled. Greenhouse gas intensity peaked in 1917 and has been declining ever since, on average about 1.5 percent per year.

New economic activities -- such as banking and software design -- do not require the same level of emissions as old energy-intensive industries such as steel production.

The Bush plan does little to accelerate this decoupling of economic growth from greenhouse gas emissions. Even the planned cut in intensity will not stop the growth in total emissions, which will probably rise about 10 percent in the next decade.

The Europeans won't be impressed. Their greenhouse gas intensity is already one-third lower than the United States' and slated to decline more than 2 percent per year over the next decade.

A second weakness in the Bush plan is the lack of credible incentives for firms to invest in emission reductions. Clear signals are necessary because the power plants, cars and factories we build today will constrain our freedom to control emissions in the coming decades.

Rather, the plan only encourages firms to implement voluntary reductions in emissions. Firms that make cuts would earn credits that would be honored in the future, if the United States ever adopts a mandatory emission control scheme.

This voluntary system could accelerate development of a binding emission trading system for the United States, which would be a welcome step forward. In the interim, though, the voluntary approach will create a snake pit of promises and technical problems that will hamper serious future efforts to control emissions. For example, how will the U.S. government know whether a firm has reduced its emissions? A complicated and intrusive scheme to review every project might offer answers, but it would be costly and bureaucratic. Worse, this approach allows firms that happen to install technologies that reduce emissions to stake a claim on credits that would be tradable in the future. In essence, it encourages a land rush in which the dirtiest firms with the largest potential for emission reductions can seize the greatest property rights. A better approach would start with a simple, binding system today.

Third, the new plan fails to solve many of the problems that rightly led the Bush administration to criticize the Kyoto framework. Last spring the president lambasted Kyoto for setting arbitrary short-term targets. His plan is little different -- it sets vapid short-term goals, yet is silent on long-term trajectories that matter most.

Nor does the plan offer a credible reply to the administration's critique that Kyoto fails to require participation by developing countries. The administration's plan offers some additional funding to entice developing countries, but the sum total is actually much smaller than the schemes that other nations are already developing within the Kyoto framework.

The good news is that the administration has broken its silence on the important problem of global warming and offered a reasonable framework for debating policy goals. The bad news is that it offers little else.

The writer directs the Program on Energy and Sustainable Development at Stanford. He is a senior fellow at the Council on Foreign Relations and author of "The Collapse of the Kyoto Protocol and the Struggle to Slow Global Warming."

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The Washington Post
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David G. Victor

School of International Relations and Pacific Studies
UC San Diego
San Diego, CA

(858) 534-3254
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Professor at the School of International Relations and Pacific Studies and Director of the School’s new Laboratory on International Law and Regulation
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Crown Quad rm 329
Stanford, California 94305-8610

(650) 723-7650 (650) 725-0253
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Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies, Emeritus
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An expert in international law and legal institutions, Thomas C. Heller has focused his research on the rule of law, international climate control, global energy use, and the interaction of government and nongovernmental organizations in establishing legal structures in the developing world. He has created innovative courses on the role of law in transitional and developing economies, as well as the comparative study of law in developed economies. He co-directs the law school’s Rule of Law Program, as well as the Stanford Program in International Law. Professor Heller has been a visiting professor at the European University Institute, Catholic University of Louvain, and Hong Kong University, and has served as the deputy director of the Freeman Spogli Institute for International Studies at Stanford University, where he is now a senior fellow.

Professor Heller is also a senior fellow (by courtesy) at the Woods Institute for the Environment. Before joining the Stanford Law School faculty in 1979, he was a professor of law at the University of Wisconsin Law School and an attorney-advisor to the governments of Chile and Colombia.

FSI Senior Fellow and Woods Institute Senior Fellow by courtesy
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