Research article

Procedural justice and (in)equitable participation in climate negotiations

Authors
  • Carola Klöck orcid logo (Center for International Studies, Sciences Po, Paris, France)
  • Christian Baatz orcid logo (Department of Philosophy, Kiel University, Kiel, Germany)
  • Nils Wendler orcid logo (Department of Philosophy, Kiel University, Kiel, Germany)

Abstract

Formally, state parties are equal in all United Nations negotiations. In theory, every state, regardless of its size, economic or political power, has the same opportunities and rights to participate. Nevertheless, United Nations negotiations, such as those on climate, are often considered highly unequal in practice. Many states struggle to meaningfully engage in complex and highly technical multilateral negotiations, including because their delegations are smaller. Here we examine delegation size in United Nations climate negotiations through a procedural justice lens. Starting from normative principles of procedural justice, we argue that equitable negotiations demand the capability of all parties to send a sufficient number of delegates – around 15. Using descriptive analysis of data on delegation sizes of recent Conferences of the Parties, we then highlight that many parties in practice send smaller delegations. Based on these results, we suggest two routes for making climate negotiations more equitable: (i) providing additional resources to poor states to increase their delegation size; and (ii) trimming the overall negotiation agenda to lower the sufficiency threshold.

Keywords: climate negotiation, climate justice, delegation size, procedural justice, UNFCCC

How to Cite:

Klöck, C., Baatz, C. & Wendler, N., (2025) “Procedural justice and (in)equitable participation in climate negotiations”, UCL Open Environment 7(1). doi: https://doi.org/10.14324/111.444/ucloe.3116

Funding

  • Bundesministerium für Bildung und Forschung (grant 01UU2001)

578 Views

Published on
05 Feb 2025
Peer Reviewed

Introduction

Equity, fairness and justice are key concerns in United Nations (UN) climate negotiations. This includes procedural justice, usually understood as the ability of all affected stakeholders to participate in decision-making processes and influence the outcome [13]. In this context, the global climate change negotiations under the United Nations Framework on Climate Change (UNFCCC) are of prime importance. Although this process could a priori be considered equitable and fair, given its practice of consensus and its openness to all countries, the negotiations are by and large seen as fundamentally unjust in practice [2,46].1

This injustice is mainly related to the difficulties of smaller and poorer countries, such as the least developed countries (LDCs) or small island developing states (SIDS), to meaningfully engage in the climate change negotiations; they are ‘not equal partners in international negotiations on climate change’ ([7]: 264). The disadvantages for small states in multilateral negotiations are well documented in the negotiation and international relations literature, and are mainly related to small delegation size [5,810]. Admittedly, delegation size is a crude measure of negotiation capacity. Not all delegates are alike, and delegations may also comprise technical staff, security personnel or non-governmental organisation (NGO) members, who do not contribute to the delegation’s negotiation capacity [11,12]. Similarly, large delegations do not guarantee negotiation success [8,13]. Nevertheless, small delegations are disadvantaged compared to larger delegations, and very small delegations in particular struggle to engage meaningfully in complex multilateral negotiations such as those on climate change, as we discuss this in greater detail below.

Would larger delegations then automatically make for more just negotiations? Which principles of procedural justice should inform our assessment of international climate negotiations? We explore delegation size and its implications for procedural justice by combining empirical negotiation research and normative political philosophy – research strands that rarely intersect. This interdisciplinary lens allows us to confront philosophical criteria for procedural justice with empirical data on actual delegation size to assess the extent to which climate negotiations are procedurally unjust – and suggest ways to improve the negotiation process from a procedural justice perspective.

In the following section, we first outline the role of delegation size in negotiations regarding climate change and beyond, and then turn to principles of procedural justice, which suggest that parties should be able to send sufficiently large delegations. In the next section on delegation size at Conferences of the Parties (COPs) since 2015, we examine actual participation data for the last eight COPs (2015–2023); this analysis suggests that the climate negotiations do not meet the criteria for procedural justice outlined. In the final section on more procedurally just climate negotiations, we discuss these findings and suggest three ways to make climate negotiations more procedurally just: increasing the minimum delegation size; trimming the agenda; and potentially setting a limit on delegation size.

Why delegation size matters

In UN negotiations the size of the delegation matters. According to Roberts and Parks ([5]: 16), the ‘importance of the number of attendees that developed and developing governments send to negotiations can […] not be overstated’. Larger delegations present several advantages in navigating ‘environmental mega-conferences’ such as the COP of the UNFCCC [14].

The climate summits are increasingly structured into multiple bodies and work streams to deal with the widening climate agenda. As a result, many meetings and consultations take place in parallel. During COP20 in 2014, one study observed ‘at least 17 meetings under five bodies […] taking place [simultaneously]’ – and this excludes closed negotiation meetings, or informal side events, press briefings or the like ([15]: 84). Clearly, more delegates can cover more meetings and more agenda items, while smaller delegations need to prioritise which meetings they attend [2,8,9,16,17].

At the same time, meetings often run late into the night, or even through the night. The final negotiation session of COP25, for example, overran by over 40 hours [6]. Larger delegations can better deal with such ‘negotiation by exhaustion’, [16], for example, by rotating the delegate(s) sitting in lengthy meetings that go over schedule [8,10,18,19].

The climate negotiations also increasingly use closed informal meetings, known as ‘informal informals’, contact or spin-off groups. These meetings tend to overlap with other – formal and informal – negotiation sessions and are scheduled haphazardly by chairs of the sessions [20,21]. It is much more difficult for smaller delegations to follow and engage in informal meetings and processes [20,22].

The sheer number of meetings and agenda items of any one COP also requires substantial technical and legal expertise to understand what is at stake, read through hundreds of pages of documents (such as text proposals or positions from other parties) and formulate one’s own positions [9,10,21]. Alongside all the documents produced and distributed in advance of negotiation sessions, there are also countless in-session documents ([21]: 25f). Small delegations simply do not have the time to read through all these documents ([5,23]). This ‘paradoxical information asymmetry’ has also been observed at the UN in general, where small states ‘are inundated with information they cannot process while simultaneously lacking access to crucial insider information’ ([24]: 11).

Furthermore, small delegations also do not have experts on every topic covered, as compared to larger delegations which typically have dedicated negotiators, or even teams of negotiators, for every major agenda item. In smaller delegations, in contrast, one negotiator covers several items [10,19]. Yet, substantial knowledge and understanding of the topic is a prerequisite for active participation and meaningful engagement, for making constructive proposals and contributing to discussions [10,2527]. Accordingly, smaller delegations that lack such expertise ‘tend to get left in the dust as the discussions get more technical and go beyond the level of expertise of their negotiators’ ([21]: 24).

Finally, alongside the formal negotiations, the COPs also boast an impressive array of parallel events ‘on the side’. Side events, pavilions, exhibitions or press briefings are used to inform the public on progress in the negotiations, to network, to build capacity and to understand the positions of other parties [9,18,28]. Attending such side events again requires human resources, not least because often, these informal spaces are physically removed from the formal negotiation spaces ([17]: 221f).

The disadvantages that small delegations face seem unjust. The following section outlines an account of procedural justice that allows specifying in what way differences in delegation sizes are unjust – and in what way they are not.

Procedural justice in the climate negotiations

Procedural justice aims at designing fair procedures based on normative principles (e.g., [3]). Scholars have investigated the fairness of various procedures related to climate change, for example, on the level of national and local implementation [29] or in the context of international adaptation funding [30]. As the most relevant stage for multilateral decision-making in international climate policy, the UN climate negotiations have also been analysed from a procedural justice perspective [2,31,32]. In general, one can think of two reasons why procedural justice is relevant. The first reason is that procedural justice is inherently valuable because parties have a moral right that the procedures conform to certain normative standards. The second reason is instrumental: fair procedures are not just valuable in themselves. They can also help increase the likelihood the effectiveness of procedures, for example, because they help resolve the problem of ‘reasonable disagreement’ in climate negotiations ([33]: 787; see also [2]).

In the following, we build on Tomlinson’s account of procedural justice in the UNFCCC negotiations [2] because it is comprehensive and detailed, both in the theoretical foundations of his normative approach and its practical applications, with many examples of what procedural justice may demand in climate negotiations. His account of procedural justice is based on the idea of political equality. According to Tomlinson, political equality among parties in climate negotiations is based on two principles: all parties should have (i) equal status and (ii) equal opportunity to influence decisions. Let us look at these principles in turn.

First, equal status is about the basic recognition and respect of all parties as equals. Formally, state parties are equal in all UN negotiations. Decisions are taken by consensus. At least in theory, every party, regardless of its size, economic or political power, can table proposals, engage in discussions, and potentially block decision making. However, for Tomlinson, equal status goes beyond formal equality. It is also about how parties are treated in the negotiations and whether all delegations are met with the same respect ([2]: 116–17). Second, Tomlinson argues that parties should not just have equal status but also equal opportunity to influence decisions, ‘where influence concerns the amount of control that a decision-maker has over the outcome of the decision’ ([2]: 120).

We consider equal status and equal opportunity to influence decisions to be two high-level principles that are capable of capturing the more fine-grained criteria of procedural justice commonly discussed in the literature. For example, under equal status, Tomlinson discusses procedural issues related to whether parties are treated respectfully ([2]: 116), while other scholars have a distinct criterion for respect (e.g., [32]: 788). The same holds true for other criteria like information or transparency, which can be derived from and discussed under Tomlinson’s high-level principles.

In general, it must be noted that many approaches to procedural justice tend to converge at the level of the substantive concepts they use to assess procedural justice. While scholars differ in what they treat as distinct criteria or how they interpret them, many approaches share some basic ideas of what procedural justice demands. For example, one can usually find criteria related to the idea of transparency or correctability [32,33]. The appropriateness of the approach one chooses also depends on what one seeks to analyse. For the purpose of this paper, we mainly have what one may call an agent-centred view: what matters to us is what a given delegation needs in order to participate in the negotiations. To be clear, what a delegation needs to achieve this depends heavily on how the procedures themselves are designed, such as how transparent they are or how information is provided. Hence, the different criteria of procedural justice are interdependent. To give a simple example: the less transparent procedures are, the more resources a delegation needs to keep pace with the negotiations. Thus, one way to tackle procedural justice issues related to delegation size is to make the negotiations more accessible (see Toward more procedurally just climate negotiations).

For now, however, we leave the design of procedures aside. Instead, we want to approach the problem from the delegations’ side. For Tomlinson, the parties’ opportunities to influence decisions depend on their resources and capabilities [2]. Resources in this context can refer to many things: monetary resources, knowledge, social capital, experience, personnel – everything that is required to follow and engage in complex and lengthy negotiations.2

Capabilities refer to ‘the various capacities or abilities that actors have to perform a certain function, where a function is an activity that an agent can undertake’ ([2]: 120). While it seems clear that resources like money or knowledge are of great importance for parties to participate, Tomlinson argues that what matters is not the resources themselves but rather parties’ capabilities to reach certain functions, such as ‘forming opinions, making judgements, and advocating interests and positions’ ([2]: 123). Resources, seen this way, are just one determinant of what agents are de facto able to do. The critical point is that they have ‘sufficient resources to [be able to] participate on equal terms’ ([2]: 125).

The number of party delegates is a central – if not the only – resource for reaching those functions. Following the evidence on delegation size summarised in the section on why delegation size matters, a certain number of delegates seems to be a necessary condition for having equal opportunities to influence decisions. With just a few delegates a party will have, for example, fewer options to advance its specific position in multiple negotiation streams and in public compared to a medium or large delegation.

One may criticise Tomlinson’s demand for equal opportunity to influence decisions. The size of countries within the UN varies massively. Do we really think that it would be fair for Brazil, Nigeria and Malta to have the same opportunity to influence decisions even though the latter represents much fewer people? A less ambitious principle that we propose demands sufficient opportunity to influence decisions. Whatever may speak for or against these principles in ideal theory, we think that calling for sufficient opportunity to influence decisions better reflects political realities, while still being an improvement compared to the status quo. Equalising these opportunities will be more difficult to establish compared to enabling all parties to participate properly despite remaining differences in opportunities. Tomlinson’s framework does offer ideas to qualify what participating properly could mean under a principle of sufficient opportunity to influence decisions. For example, sufficient opportunity could mean that parties are not required to be able to influence all decisions they are affected by. Instead, they should be able to influence at least those decisions that may affect their autonomy ([2]: 95; [34]: 4).3 But even on this more modest principle, parties will need sufficient resources to not just attend the negotiations but to have some kind of impact on the decisions. Regardless of how one further operationalises this, it seems plausible to assume that parties will need to be able to send a sufficient number of delegates to have any impact at all.4

What would be a sufficiently large delegation? Assuming that each delegation should be able to (i) attend all relevant formal and informal meetings with at least one person, (ii) attend some side events, (iii) engage with civil society and the media, and (iv) get some rest, we believe that a minimum number of around 15 delegates is required at present. Why 15 delegates? Current evidence suggests that a delegation with less members will struggle to fully engage in current negotiations. To be clear, any definition of a sufficiency threshold is somewhat arbitrary, and there is no straightforward method to determine at which number a delegation is sufficiently big. That being said, we base our threshold of 15 delegates on previous research on delegations and negotiation capacity. In a survey of Alliance of Small Island States (AOSIS) negotiators, a majority of respondents indicated their country should send four to five delegates (41% of respondents) or six to 10 delegates (34.5%) [35]. Even four or five delegates could not attend all meetings that take place in parallel, as mentioned earlier. Accordingly, Falzon ([10]: 8) cites an LDC negotiator who suggests 10 delegates is the minimum. Even a 10-person-delegation may be too small; the authors of the UNFairplay report have ‘observed parties of around 17 delegates being seriously stretched and unable to participate fully in negotiations’ ([23]: 14). Given these insights from the literature, we chose 15 delegates as a threshold below which it becomes very likely that the respective delegation will struggle in the negotiations. As the real world with its complexities does not exhibit a clear-cut threshold for sufficient delegation size, this is to be seen as a rough estimate, and 15 delegates seems to be at the lower end of a sufficiency spectrum.

Finally, note that Tomlison’s principles of equality of status and of opportunity start from the current basic UNFCCC structure of consensus decision-making among formally equal parties. Rather than take the institutional framework for granted, we could also criticise the UN system (including the UNFCCC process) as such [3638]. We do not want to enter this global justice debate, but instead simply recall that climate negotiations take place against the background of a very unjust situation: while climate change is mostly caused by the emissions of wealthy and powerful states, poor people – who hardly contribute to nor benefit from greenhouse gas emissions – are most affected by its impacts [39,40]. We should therefore pay specific attention to which parties (and indirectly, the people they represent) send small delegations. We therefore now turn to analysing actual delegation size at recent COPs.

Delegation size at COPs since 2015

To understand delegation size in practice, we use the official lists of participants, focusing on the last eight COPs since 2015. This time period gives a current overview and takes into account the overall increase in delegation size since Paris [41].

We do note that these delegation sizes are only a proxy of negotiation capacity. Numbers may be misleading; not all delegates listed in the official lists of participants are technical negotiators. They could also be security or logistics staff, or civil society members accredited through the government, but not contributing to the negotiations [11,12]. Some government delegations also include representatives from the private sector, including fossil fuel companies and other carbon-intensive industries [42,43]. Nevertheless, we maintain that delegation size is a widely used and useful proxy, and that smaller delegations are disadvantaged, as explained above.

Delegation size varies significantly, both across countries and over time. Overall participation numbers increased significantly since the first COP in 1995. Delegations comprised on average six to seven delegates in the first years of the negotiations (1995–1999). This grew to nearly 24 delegates in the period after the entry into force of the Kyoto Protocol (2005), to 61 delegates in the 9 years since Paris (2015–2023).

At the same time, for most countries, delegation size varies significantly from one year to the next. Let’s look at Rwanda, a country whose average delegation size (60) is very close to the overall average. While the Rwandan delegation indeed comprise 60 delegates on average for the recent climate summits, it ranged from only 11 delegates at COP23 (Bonn, Germany) to 191 delegates at COP28 (Dubai, United Arab Emirates). For other countries, the year-to-year variation is even more striking. The largest ranges in delegation size (of 1000 and more) are found for Morocco and United Arab Emirates, which can be explained by their extremely large delegations when these countries hosted a COP. The Indian delegation displays a similarly large variation, ranging from 35 at COP24 and COP25 to 808 at COP28.

These examples already indicate the large variation of delegation size across countries. Figure 1 shows the frequencies of delegation sizes for the past eight COPs. Across all COPs, 31 countries have average delegations below the ‘sufficiency threshold’ of 15 discussed earlier. If we look at individual COPs, the number of ‘insufficiently large’ is significantly larger: around 70 countries had delegations of 15 or less at COPs 22 through 25. At COP21, and since COP23, the number of such small delegations was, however, lower, at around 35, and has decreased to only 16 at the most recent COP28 (Dubai, 2023). At the other extreme, we also have many extremely large delegations: 35 delegations per COP are larger than 100 delegates – and on average four delegations per COP comprise even 300 or more delegates. Indeed, there seems to be a trend toward such ‘mega-delegations’: while three countries had sent more than 300 delegates to COP21 in Paris (2015), the number of such delegations increased to 10 at the most recent COP.

Figure 1
Figure 1

Frequencies of delegation size for COP21 (2015) to COP28 (2023). Based on lists of participants.

Who are the countries sending delegations that seem insufficiently large? In fact, a large number of countries are concerned, many of which are very small and/or relatively poor – but even larger and richer countries are under-represented on at least some occasions. In total, 12 countries were absent for at least one COP: San Marino (four times), Afghanistan, Myanmar (three times each); Bolivia, Eswatini, Kiribati, Moldova, Niue, North Macedonia, Syria, Saint Vincent and the Grenadines, as well as Trinidad and Tobago (once each). When we consider delegations of 15 or less, the number of countries concerned increases to 105 – more than 50% of all parties are thus under-represented at least occasionally. (For a full list, see Table A1.)

Because delegation size is so variable, we may instead consider average delegation size (see Fig. 2). Here, 31 parties have delegations that are on average below 15. The smallest average delegations come from very small countries: on average, San Marino and North Korea sent only three delegates; Eritrea, four delegates; and Liechtenstein, five delegates. Other examples of countries with small average delegations include, for example Guyana, Nicaragua, Mauritius, Nauru and Iceland. Yet, we also have some very small countries that manage to send more delegates Tuvalu, with a population of only 11,000, sent 26 delegates on average. Palau (population of 18,000) sent 29 delegates on average. The average delegations of Nauru (population of 13,000) and the Cook Islands (population of 15,000) are fairly close to our sufficiency threshold, with 14 and 13 delegates, respectively. Similarly, some of the countries with the largest average delegations are relatively poor: when we exclude Morocco and the United Arab Emirates, who had extremely large delegations when they served as COP presidents, Brazil had the largest delegation on average (upper-middle-income, 352 delegates). It is followed by the Democratic Republic of the Congo (low-income country, average delegation of 298) and Côte d’Ivoire (lower-middle-income, average delegation of 282).

Figure 2
Figure 2

Average delegation size for COP21 to COP28. Based on lists of participants.

To establish more robustly whether there is a link between delegation size and income and population size, Fig. 3a plots average delegation size by income. We do the same in Fig. 3b with population size. Note that both income and population are log-transformed.

Figure 3
Figure 3

Average delegation size by income (a) and by population size (b). Based on lists of participants.

In line with previous research that suggests a strong link between income and delegation size [8,9], including for multilateral negotiations beyond climate change [44,45], we also find that richer countries tend to send larger delegations (Spearman’s rank correlation coefficient of 0.38). However, we do see a lot of variation in our data, and many very large delegations are in fact from low- or lower-middle-income countries, as mentioned earlier.

We also find a lot of variation for population (Fig. 3b), especially for larger countries. On the other end of the spectrum, we see clearly that the smallest countries send the smallest delegations on average. Accordingly, the correlation between delegation size and population size is stronger than for income (Spearman’s rank correlation coefficient of 0.52) and has become stronger over time (not shown).

To some extent, under-representation at the individual country level is mitigated by coalitions. Indeed, as for any multilateral negotiations, countries do not typically negotiate as individual countries, but through negotiation groups [46,47]. Coalitions help increase negotiation capacity and bargaining power and are therefore particularly relevant for countries with smaller delegations ([25]: 48). However, coalitions represent compromise positions, which may be relatively far away from the preferences of individual coalition members. In addition, agreeing on those compromise positions again requires negotiation and coordination, and therefore resources and capacity, which vary between coalition members. The same inequalities that characterise the overall climate negotiations are also found within coalitions [47,48].

The above analysis serves mainly illustrative purposes; our aim here is not a comprehensive and systematic analysis of delegation size and its drivers. The analysis does, however, indicate some tendencies: over time, delegations have increased in size, with most countries sending dozens of delegates to COPs. Nevertheless, some countries are present with only very few delegates – or may even be completely absent. Although we find that smaller countries also send smaller delegations on average – as is to be expected – we find many exceptions, and overall strong year-to-year variation. While our analysis thus does not suggest that a certain category of countries (such as small or poor countries) are systematically under-represented at COPs, we do find that a significant minority of countries send only a few delegates, and that over 50% of all countries are under-represented at least at individual COPs. From our analysis, we cannot draw any firm conclusion on why countries send only very few delegates. To some extent, delegation size also reflects political salience and domestic circumstance [18]. Nevertheless, given the number of countries concerned, we assume that some countries want to, but cannot, send more delegates [49]. These parties are unjustly disadvantaged in COPs because of their small delegations.

Toward more procedurally just climate negotiations

Delegation size clearly matters; larger delegations have more opportunities to participate in (climate) negotiations and influence their outcomes. While delegation size varies significantly across countries and over time, we find that a significant number of parties have insufficient negotiation capacity for at least some climate COPs. In particular, smaller countries (in terms of population size) tend to send smaller delegations. Assuming that coalitions only partially compensate for insufficient delegates and that many parties which participate with only few delegates in COPs lack the capacity to send more, negotiations are unjust in this regard.

In order to make the UNFCCC negotiations more procedurally just, we discuss three suggestions. First, providing additional resources to poor parties will increase their delegation size and hence negotiation capacity. Second, trimming the negotiation agenda will lower the sufficiency threshold, that is, it will allow parties to effectively negotiate with fewer delegates than at present. A trimmed agenda might also make it easier to limit delegation size for all parties. The following briefly elaborates on each measure.

The UN already supports poorer parties. It established a Trust Fund for Participation in the UNFCCC Process to enable developing countries, in particular LDCs and SIDS, ‘participate fully and effectively in the climate change negotiating process’ [50]. The Trust Fund finances the participation of two delegates from eligible countries (with a per capita income under a given threshold) for COPs, and three delegates for LDCs and SIDS. Many parties would not be able to attend negotiations, in particular subsidiary meetings, at all without this support [10]. But to really enable all parties ‘to participate fully and effectively’, the fund would need to at least quadruple its support,5 provided that a minimum delegation size of around 15 adequately reflects negotiation reality. Such a massive increase in funding is very unlikely. In addition, it does not help small but (relatively) rich countries, which are the most under-represented, as discussed earlier. We therefore propose coupling increased support regarding poor parties’ negotiation capacity with simplifying the negotiation process.

The sheer size and complexity of the climate ‘mega-conferences’ have been criticised repeatedly [41]. While such mega-conferences can galvanise media, public and political attention and gather momentum, it is questionable to what extent this leads to concrete action – that is, whether they are worth ‘the effort, money, and carbon footprint’ [6,51]. There are thus calls on the UNFCCC to rethink its negotiation structure, ‘which, in its formal work and agendas, has become unwieldy and routinised, heavy in its carbon footprint, and out of step with the scale of urgency’ ([52]: 601; see also e.g., [41]).

Already in 2013, observers noted that there is significant room for improving the efficiency of the negotiation process, and suggested the UNFCCC could ‘streamline its work programme, cut sessions, eliminate overlaps, and delete agenda items’ ([53]: 251). Although such a reform would be politically difficult, fewer sessions and a reduced agenda could increase the chances of even small delegations to participate effectively in negotiations. In addition, a trimmed agenda reduces complexity and increases transparency because it makes it easier for parties, observers and the media to keep track of various meetings and negotiation streams. And smaller delegations mean fewer greenhouse gas emissions.

Parts of the negotiations, especially those under more technical meetings and constituted bodies, could also be ‘outsourced’ to virtual meetings that take place outside of COPs. As a result of the COVID-19 pandemic, many meetings, including some negotiation sessions, have been turned into a virtual format. Online meetings also present significant challenges, notably for smaller and poorer countries [5456]. But online meetings also create new opportunities: they allow wider participation by reducing participation costs – in terms of both, financial and time investment [54,55]. While certainly not a replacement for COPs, the virtual format seems appropriate for some meetings and would help with trimming the workload of the annual COPs. To ensure proper participation of poorer and smaller countries in such online meetings, appropriate technical support, such as providing meeting spaces with good Internet connections, is indispensable. Similarly, the high-level segment and ministerial involvement could also be shifted to other settings, such as ‘Global Climate Action Weeks’, as proposed by Müller et al. [41].

A further, more radical, measure to reduce the complexity (and resource-intensity) of COPs is to limit delegation size and set a maximum number of delegates parties can send. Müller et al. [41] suggest that COPs with a total participation of around 5000 technical negotiators seem more manageable and productive than the current mega-events of up to 100,000 participants. A maximum delegation size would also mean fewer formal or informal meetings, thus contributing to reducing and then stabilising the minimum number of delegates required. However, setting a maximum number of delegates is probably not politically feasible at the moment. As political feasibility is a dynamic phenomenon [57], this calls for lobbying decision-makers to seriously consider such a measure. Limiting the agenda and simplifying the negotiation process may facilitate these efforts.

Conclusion

Procedural justice requires even countries with very small populations to be able to meaningfully participate in decision-making, particularly when these countries – such as SIDS or LDCs – are particularly affected by the outcomes of that decision-making. In practice, parties that can send only small delegations are disadvantaged in multilateral (climate) negotiations. We showed that a substantial number of parties may indeed be unable to fully engage, assuming that delegations of around 15 negotiators seem necessary at present to follow all negotiation streams, as well as engage in side events and with the media.

We discuss three measures to improve climate negotiations from a procedural justice perspective: first, providing more financial support to allow all parties to send more than just two or three delegates. Second, trimming the climate agenda, and outsourcing some negotiation streams to (virtual) meetings. Finally, a limit on delegation size would reduce the complexity and resource intensity of the process. These two latter measures would allow even smaller delegations to fully engage in COPs, thus reducing the ‘sufficiency threshold’.

Delegation size is only one – if central – aspect of procedural justice in climate negotiations. Clearly, there are other factors that also influence how engaged different parties are and to what extent they are able to shape the negotiation process [13]. For example, even a small number of delegates can achieve a lot when they are experienced and knowledgeable. Small delegation size may also reflect lack of political will and interest in the negotiation process, rather than a lack of resources [18,58]. Finally, we want to emphasise that a procedural justice perspective allows for asking broader questions that we have not attempted to address in this paper. Most importantly, even if all parties were represented by sufficiently, or even equally, large delegations, further research should analyse whether the process is unfair in that it is a process between states. A starting point for such a broader analysis would be to ask whether the negotiations adequately represent all citizens and stakeholders, or whether indigenous peoples, future generations or non-humans are marginalised and un(der)-represented in intra-state climate negotiations. From this perspective, true procedural justice might thus require a reform of the UNFCCC.

Acknowledgements

We thank Kilian de Ridder and Dan Osborn for helpful comments on an earlier version of this paper.

Authorship contribution

Authors contributed equally to the conception and writing of this article.

Open data and materials availability statement

All data generated or analysed during this study are included in this published article (and its supplementary information files). See Table A1.

Declarations and conflicts of interest

Research ethics statement

Not applicable to this article.

Consent for publication statement

Not applicable to this article.

Conflicts of interest statement

The authors declare no conflicts of interest with this work.

Notes

  1. For the purposes of this paper, we use the terms equity, fairness and justice synonymously to refer to morally objectionable procedural aspects of the climate negotiations.
  2. Note that these resources are what Tomlinson calls internal resources, and he acknowledges that external resources, such as a state’s economic or geopolitical power, also matter in how parties can influence negotiations ([2]: 124). With this distinction in mind, our analysis focuses on internal resources. Arguably, although clearly influenced by the external resources of a party, it is even harder to change the distribution of external resources than it is to provide parties with more internal resources.
  3. This again would need to be qualified. We thank Kilian de Ridder for drawing our attention to this point.
  4. In the context of this paper, we do not engage further with the question of what exactly it means to be able to have an impact on decisions. Still, we want to emphasise that being able to impact decisions will often be a stronger demand than, for example, simply being able to voice one’s opinion. We can imagine that a very small delegation gets the opportunity to voice their concerns, yet this remains solely symbolic if they cannot properly follow the negotiations, formulate their positions or intervene in crucial moments.
  5. Quadrupling support would enable SIDS and LDCs to send at least 12 delegates paid through the Trust Fund, still below but close to the minimum delegation size of 15.

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Appendix

Table A1.

Delegation size for COPs 21–28. Based on lists of participants

Country COP21 COP22 COP23 COP24 COP25 COP26 COP27 COP28 Average
Afghanistan 26 5 11 16 22 0 0 0 10
Albania 21 3 4 14 5 15 14 33 14
Algeria 44 20 24 22 36 24 65 2 30
Andorra 21 4 5 5 8 8 9 11 9
Angola 71 31 6 26 22 102 96 188 68
Antigua and Barbuda 9 9 10 5 15 31 23 28 16
Argentina 23 24 23 11 65 121 44 23 42
Armenia 27 4 13 7 12 47 51 52 27
Australia 45 45 34 30 20 94 82 105 57
Austria 43 39 37 50 36 37 44 48 42
Azerbaijan 66 5 9 7 7 83 13 213 50
Bahamas 24 6 2 4 10 14 57 29 18
Bahrain 31 19 7 12 9 62 102 90 42
Bangladesh 44 95 35 83 143 295 68 110 109
Barbados 10 2 4 8 6 16 28 68 18
Belarus 11 8 2 7 7 10 8 47 13
Belgium 74 39 33 29 42 57 56 55 48
Belize 18 15 22 17 28 33 32 33 25
Benin 137 92 130 139 116 108 166 126 127
Bhutan 17 10 10 16 32 31 15 28 20
Bolivia 26 4 8 20 0 27 38 32 19
Bosnia and Herzegovina 12 1 10 14 6 24 16 31 14
Botswana 39 36 31 53 27 52 108 117 58
Brazil 217 100 128 107 172 479 574 1037 352
Brunei 10 5 7 18 3 14 14 68 17
Bulgaria 25 7 5 26 13 13 23 79 24
Burkina Faso 204 163 162 90 104 109 179 159 146
Burundi 49 21 34 12 32 38 117 129 54
Cabo Verde 25 24 17 16 37 21 34 23 25
Cambodia 40 21 25 33 26 61 88 99 49
Cameroon 167 67 114 39 50 52 77 114 85
Canada 287 202 161 126 145 276 377 176 219
Central African Republic 50 38 51 36 27 53 107 88 56
Chad 86 51 52 57 62 201 210 118 105
Chile 149 66 26 31 136 63 69 39 72
China 268 78 82 90 76 60 65 221 118
Colombia 78 19 13 17 26 149 98 67 58
Comoros 70 44 21 12 10 50 65 70 43
Congo 175 126 308 164 165 170 237 145 186
Cook Islands 14 12 12 12 11 10 16 18 13
Costa Rica 45 24 19 15 52 43 22 23 30
Croatia 25 12 10 10 26 17 24 22 18
Cuba 27 7 6 8 8 18 14 92 23
Cyprus 16 6 5 4 5 13 27 29 13
Czechia 49 17 16 26 46 55 75 50 42
Côte d’Ivoire 215 361 492 208 348 169 226 234 282
Democratic Republic of Congo 304 161 340 237 293 373 459 213 298
Denmark 102 41 32 50 43 116 96 130 76
Djibouti 62 42 16 16 14 17 55 62 36
Dominica 5 8 7 5 4 8 11 20 9
Dominican Republic 88 29 85 35 100 69 76 56 67
Ecuador 46 16 15 8 45 54 32 16 29
Egypt 84 29 35 28 31 115 155 142 77
El Salvador 29 15 10 14 9 10 16 8 14
Equatorial Guinea 95 91 78 24 58 28 35 68 60
Eritrea 3 4 1 3 3 3 7 7 4
Estonia 22 24 25 24 18 21 24 27 23
Eswatini 22 0 16 14 14 38 16 29 19
Ethiopia 64 48 33 42 48 72 131 221 82
European Union 128 89 76 83 125 122 118 120 108
Fiji 43 35 74 60 35 47 30 64 49
Finland 74 36 38 51 57 49 61 54 53
France 383 287 177 188 124 197 186 259 225
Gabon 32 35 22 21 13 125 99 108 57
Gambia 40 53 69 93 69 151 153 98 91
Georgia 43 7 10 12 26 44 36 55 29
Germany 117 105 230 153 102 120 118 259 151
Ghana 126 69 159 111 106 337 155 91 144
Greece 26 8 7 8 38 32 44 62 28
Grenada 11 11 7 6 11 19 26 31 15
Guatemala 55 38 59 25 49 50 32 43 44
Guinea 99 173 355 406 159 109 85 133 190
Guinea-Bissau 25 12 29 14 21 25 46 46 27
Guyana 11 9 4 4 5 12 8 20 9
Haiti 15 26 18 12 26 46 30 24 25
Honduras 70 16 31 54 83 74 13 48 49
Hungary 36 16 24 22 27 30 21 53 29
Iceland 17 6 7 8 7 27 19 20 14
India 185 94 45 35 35 134 70 808 176
Indonesia 187 124 158 191 163 156 158 206 168
Iran 17 16 30 15 15 25 25 21 21
Iraq 68 44 56 51 46 122 235 252 109
Ireland 49 21 24 33 20 86 66 75 47
Israel 77 27 18 13 20 229 227 92 88
Italy 78 73 55 49 39 66 81 127 71
Jamaica 12 13 12 13 13 28 12 24 16
Japan 167 103 109 116 138 225 152 238 156
Jordan 26 14 17 15 9 74 134 188 60
Kazakhstan 40 10 13 27 19 192 78 330 89
Kenya 96 107 62 72 95 308 386 292 177
Kiribati 28 13 33 20 13 0 29 64 25
Kuwait 36 85 25 29 29 64 40 55 45
Kyrgyzstan 61 3 13 27 19 58 9 48 30
Laos 20 7 14 18 9 12 21 39 18
Latvia 26 9 5 20 19 26 26 42 22
Lebanon 43 8 3 5 9 12 19 34 17
Lesotho 27 33 19 17 28 44 19 41 29
Liberia 45 45 30 28 51 147 201 100 81
Libya 5 14 11 3 2 26 32 63 20
Liechtenstein 6 5 5 4 4 9 3 7 5
Lithuania 30 7 12 27 8 31 22 33 21
Luxembourg 49 11 20 25 24 27 20 21 25
Madagascar 91 60 70 86 20 76 106 86 74
Malawi 40 22 39 23 54 138 141 154 76
Malaysia 37 27 33 16 20 27 74 157 49
Maldives 24 21 26 24 13 56 58 42 33
Mali 130 178 102 91 66 118 101 54 105
Malta 17 14 10 8 6 21 24 34 17
Marshall Islands 36 26 41 28 28 35 29 39 33
Mauritania 115 88 104 37 59 72 172 198 106
Mauritius 13 6 4 10 8 14 7 12 9
Mexico 27 50 60 33 35 25 29 32 36
Micronesia 22 15 28 18 15 5 30 22 19
Moldova 17 0 3 11 5 9 18 10 9
Monaco 27 21 12 20 16 23 17 16 19
Mongolia 31 2 14 20 11 46 56 68 31
Montenegro 25 9 11 17 17 24 25 21 19
Morocco 355 1592 253 104 137 75 205 411 392
Mozambique 64 18 32 29 48 75 139 162 71
Myanmar 27 17 17 16 20 0 0 0 12
Namibia 93 17 31 50 37 84 138 98 69
Nauru 13 10 17 14 18 12 15 14 14
Nepal 29 29 26 39 14 75 76 106 49
Netherlands 36 22 24 40 40 37 48 40 36
New Zealand 36 25 20 21 19 16 19 26 23
Nicaragua 10 6 7 4 7 5 9 6 7
Niger 142 127 54 55 77 117 169 39 98
Nigeria 86 81 77 141 65 117 169 426 145
Niue 4 0 5 3 6 4 13 24 7
North Korea 8 2 2 3 3 3 4 2 3
North Macedonia 22 0 2 10 7 16 9 20 11
Norway 69 51 33 36 41 47 40 42 45
Oman 26 19 10 16 15 16 82 160 43
Pakistan 73 32 42 17 16 10 85 74 44
Palau 41 21 29 4 7 27 37 67 29
Palestine 38 18 6 11 13 25 31 17 20
Panama 54 23 10 15 26 47 37 27 30
Papua New Guinea 56 15 28 19 35 110 105 100 59
Paraguay 57 32 26 30 45 30 29 61 39
Peru 252 67 50 29 67 50 64 36 77
Philippines 138 51 65 28 8 23 29 247 74
Poland 45 46 77 211 38 37 65 62 73
Portugal 36 54 23 31 51 44 53 90 48
Qatar 87 64 28 39 39 174 110 190 91
Romania 21 12 19 25 16 49 62 75 35
Russia 260 55 71 54 52 312 150 452 176
Rwanda 20 34 11 19 18 61 129 191 60
Saint Kitts and Nevis 8 7 4 4 9 11 17 42 13
Saint Lucia 19 15 27 14 14 15 21 33 20
Saint Vincent and the Grenadines 10 10 9 7 6 3 0 11 7
Samoa 10 10 11 17 17 14 31 49 20
San Marino 6 0 0 3 0 13 3 0 3
Sao Tome and Principe 18 20 11 4 3 28 9 27 15
Saudi Arabia 35 36 42 38 34 60 44 49 42
Senegal 211 281 155 171 108 99 245 336 201
Serbia 12 7 15 23 20 43 35 34 24
Seychelles 44 42 56 47 34 53 40 123 55
Sierra Leone 38 39 60 32 44 113 100 117 68
Singapore 32 29 31 30 31 51 60 60 41
Slovakia 33 36 23 38 42 40 36 40 36
Slovenia 29 6 3 25 16 49 26 29 23
Solomon Islands 22 21 35 22 15 14 38 53 28
Somalia 10 2 3 7 8 22 97 195 43
South Africa 143 69 76 50 47 56 81 131 82
South Korea 204 100 79 80 81 137 114 113 114
South Sudan 15 8 27 19 15 34 51 107 35
Spain 46 59 36 46 172 84 106 75 78
Sri Lanka 45 17 10 14 12 52 38 66 32
Sudan 76 173 109 172 121 236 130 23 130
Suriname 11 3 14 15 9 22 16 29 15
Sweden 60 50 49 42 38 48 46 56 49
Switzerland 31 25 25 17 23 21 23 26 24
Syria 2 0 11 3 2 4 10 31 8
Tajikistan 15 4 10 10 5 56 77 115 37
Tanzania 17 29 35 31 33 127 193 209 84
Thailand 89 85 63 73 75 109 61 92 81
Timor-Leste 15 17 17 21 15 30 37 49 25
Togo 112 91 96 92 60 128 215 144 117
Tonga 16 15 19 26 42 11 53 69 31
Trinidad and Tobago 3 3 0 4 5 16 12 10 7
Tunisia 49 136 49 40 82 112 135 85 86
Turkey 125 154 86 81 81 376 163 420 186
Turkmenistan 7 3 1 5 4 11 5 95 16
Tuvalu 35 23 32 21 18 24 26 31 26
Uganda 93 100 152 61 121 219 241 275 158
Ukraine 39 19 19 20 17 55 23 55 31
United Arab Emirates 127 189 104 73 93 176 1073 668 313
United Kingdom 93 46 45 52 48 230 93 72 85
Uruguay 17 10 10 8 14 15 21 22 15
USA 147 93 48 44 78 165 136 314 128
Uzbekistan 4 2 1 5 6 40 43 267 46
Vanuatu 31 19 39 23 18 32 50 51 33
Vatican 13 7 6 10 7 7 8 13 9
Venezuela 42 15 3 14 31 11 168 32 40
Viet Nam 124 42 42 44 52 193 47 199 93
Yemen 14 5 33 10 17 9 37 88 27
Zambia 52 58 43 26 12 60 161 187 75
Zimbabwe 84 97 106 86 98 129 264 221 136
Average 61 50 44 39 41 71 81 102 61

 Open peer review from Dan Osborn

Review
This submission deals with an important topic - equity within the UNFCC negotiations at the various Conferences of the Parties. It is argued that if a country delegation is too small then the that country is disadvantaged in relative terms as the COP negotiations at COP meetings are now so complex involving many sessions of varying degrees of formality some of which run in parallel. In such circumstances small delegations may well be disadvantaged.

The paper is well written with some small matters of detailed English that may need attention at copy-setting stage should the authors revise their manuscript successfully. None of these are major issues and most would require one or two words to be edited.

A weakness of the paper is its tentative nature. Although many factors affect the ability of a delegation to negotiate its main thrust is that there is some "sufficient" size below which ineffectiveness is more likely than not. A number of 15 delegates per country delegation is suggested but it is crystal clear where this number has emerged from. One or two extra sentences may be sufficient to clarify a little more how this figure has been derived - is the basis for this number quantitative (e.g. is it the average number of delegates in some sub-set of countries?) or (semi)-qualitative (e.g. based on the number of delegates needed to attend say half the sessions at recent COPs?).

Another weakness is the lack of any statistical treatment of the data. The paper has a good deal of data behind it - shown in tables at the end. But the data are not analysed in any way. Some of the figures would be a good deal stronger if, for example, the relationship between variables could be analysed as a correlation. Spearman's rank correlation coefficient is easy to calculate and it, or a similar non-parametric measure might make the argument about links between delegation size and income/population more robust. There may be reasons why this does not seem an appropriate approach - for example the high variation in delegate numbers between different COPs but if this is the case then some that could be more easily argued if the average delegation size could be provided alongside some measure of variation (say a standard deviation, a range with a median, or a standard error).

I suggest the authors try to improve the statistical analysis of the results and clarify the semi-quantitative or semi- qualitative nature of their underlying data. They would then be able to reduce reliance on tentative wording in other parts of the submission. Arguments can be made to the contrary, but I feel that if these two matters were addressed in some way that would strengthen the paper --- and they should not take long to do.

I also wondered whether it would not be helpful, in terms of the completeness of the paper, to make some reference to two other matters (perhaps brief mention only and that perhaps to explain why these issues are not covered in this paper). First, there is the way some groups of countries may act in concert at COPs to improve their negotiating position. I am thinking here of groupings like the OECD, the EU, the Association of Small Island States etc. This must have an effect on negotiating power and so some comment is probably needed in either the Introduction or the Discussion if not both.

Likewise, it would be good to recognise the size of non-country delegations and, perhaps also, the presence of non-governmental delegates as part of country delegation. I am thinking here especially of the impact that the commercial "fossil fuel" delegation which I believe has outnumbered even the largest country delegations.

I can imagine that the authors would want to argue that bringing these matters into this paper would dilute its main thrust so these points on what might be called "pluri-delegations" are only suggestions for improving the paper.

Note:
This review refers to round 1 of peer review and may pertain to an earlier version of the document.

 Open peer review from Kilian de Ridder

Review
Dear Authors,

Thank you for your valuable work. You convincingly argue that small delegation sizes are a key problem for procedurally just negotiations in the UNFCCC framework. I do think your article fits well within the scope of the journal. I shall limit my main remarks mostly to part 3, “Procedural justice in the climate negotations”, as my relevant expertise is limited to this. I will add some minor remarks after that. Most of my remarks are meant as mere suggestions, as in my view the paper does not have any major deficits.

Remarks on chapter 3

(1) You might want to consider elaborating more on why procedural justice is of particular relevance to climate negotiations. You have referred to Luke Tomlinson a couple of times, and I think he is a very good starting point. A key difficulty in these massive COP negotiations is that parties are often unable to agree to what is a good and just outcome. Different countries and peoples may have different but still reasonable conceptions of what a just outcome looks like. Tomlinson (2015) uses the term of “reasonable disagreement” to describe this situation. The same term is used in (Brandstedt and Brülde, 2019), a paper which should be of interest to you, I will refer to this below. Both Brandstedt and Tomlinson then make the point that adhering to principles of procedural justice is not only important because this kind of justice is morally relevant in itself. It is also instrumentally valuable, in that parties might be more willing to agree to an outcome once a just decision procedure has been followed. The phenomenon of reasonable disagreement is very prevalent in the UNFCCC, hence the heightened instrumental value of procedural justice.
(2) You may want to consider using a somewhat more elaborate or detailed version of procedural justice and further develop your notion of participation. You have already referenced (Grasso and Sacchi, 2015), who do an excellent job of providing a detailed list of elements of procedural justice: Voice, Information, Transparency, Correctability, Respect, Consistency. Another comprehensive notion of procedural climate justice can be found in (Brandstedt and Brülde, 2019), who mention accuracy, transparency, correctability, participation.
a. In chapter 3, you could mention that transparency is an important element of procedural justice. This would make your case for limiting delegation sizes / COP sizes stronger in part 5. I found it one of the most interesting points in your paper, the idea to limit COP sizes, as that might really help increase transparency. I do think that oversized COPs can harm negotiations. You could strengthen this point by making the norm of transparency an explicit part of your notion of procedural justice
b. You might want to differentiate between participation in the process of choice and voice as the option to voice your concerns. These are two different things and can be separate norms, so it should be clear which of the two you are talking about.
c. As to your paragraph on equal versus sufficient opportunity to influence decisions: this is indeed a tricky topic. I want to bring your attention to a passage in (Tomlinson, 2015), where he dwells on what constitutes a good criterion for who should be allowed to have a say in a decision. This is in his chapter 4, “Getting a seat at the table”. He claims that if you were to try to include all who are affected by a decision, this might prove infeasible. But, he continues, you should definitely include all those potentially coerced by a decision, that is, you should include those actors that may have their autonomy affected or violated by a decision. Back to your passage on sufficient opportunity: this coercion / autonomy criterion might be a way in which you could operationalize what constitutes “sufficient opportunity” to influence decisions.
d. Given the above-mentioned elaborate conceptions of procedural justice, you might want to make more explicit that participation is but one of multiple elements of procedural justice. Then you could either give reasons for why you focus on participation or include other principles (voice, transparency, accuracy) … For another notion of procedural climate justice with multiple distinct elements you can also consider looking at my own work on procedural climate justice, (De Ridder et al., 2023). It goes without saying that I do not demand that you consider this, it might just be an interesting read and help you in further developing your notion of procedural justice.

Other remarks
• Do you have data on the compositions of delegations? It would be helpful to know what fraction of delegates actually negotiates / participates in discussions and what fraction is just there for logistical / other purposes
• The graphs need some work
o I find the line in figure 1 somewhat misleading, as it looks like a process / development over time, where it is not that. Maybe use points / markers instead of the line to display the averages.
o For figure 3A, to actually find a relationship between income and average delegation size it might be more appropriate to use not a categorical x-axis but (log) income values on the x axis, then display the actual data points and add a simple regression line. Same applies to 3B, just with the actual population size as x values
• As to your last sentences “As such, the negotiations fail to adequately represent all citizens and stakeholders. Indigenous peoples, future generations, or non-humans are marginalised and un(der)-represented in intra-state climate negotiations. True procedural justice would thus require a reform of the UNFCCC.” This I would phrase somewhat more carefully. These are grand claims and you have spent most of your paper substantiating other claims. You could consider rephrasing the issues to do with indigenous peoples and future generations as further problems for procedural justice to be considered in further research. Moreover, the UNFCCC as such is not the one and only and potentially not even the main governance level / tool to solve climate change. Many issues will need to be solved on a lower governance level, like state or regional or communal levels. I believe that the issues of transparency, participation, voice and so on are very well complemented by a principle of subsidiarity: decisions should be taken on a as low governance level as possible. This could be a suggestion for how to limit the size and scope of COPs: only consider issues on COPs which indeed need global coordination, and delegate other issues to lower governance levels.
• Delete “here” in sentence 3
• On page 9, the required quadrupling of support, where does that number come from?
• Chapter 6, paragraph 2, sentence one: delete “here”. Sentence 2: delete “it” before “providing”


As I have already mentioned above, all these points are to be seen merely as suggestions (except maybe for my points on the figures, as I find the figures do not display optimal empirical practice). I hope there are some points that you find interesting and that offer an improvement to your paper.

Sincerely,
Kilian de Ridder
Vienna, 24th of August 2024.


Brandstedt, E., Brülde, B., 2019. Towards a Theory of Pure Procedural Climate Justice. J Appl Philos 36, 785–799. https://doi.org/10.1111/japp.12357
De Ridder, K., Schultz, F.C., Pies, I., 2023. Procedural climate justice: Conceptualizing a polycentric solution to a global problem. Ecological Economics 214, 107998. https://doi.org/10.1016/j.ecolecon.2023.107998
Grasso, M., Sacchi, S., 2015. Impure Procedural Justice in Climate Governance Systems. environ values 24, 777–798. https://doi.org/10.3197/096327115X14420732702699
Tomlinson, L., 2015. Procedural Justice in the United Nations Framework Convention on Climate Change: Negotiating Fairness. https://doi.org/10.1007/978-3-319-17184-5

Note:
This review refers to round 1 of peer review and may pertain to an earlier version of the document.