The Role Of International Law In Addressing Climate Change
Author: LawSphereX
Category: Environmental Law
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THE ROLE OF INTERNATIONAL LAW IN ADDRESSING
CLIMATE CHANGE
Manika Singh, Gautam Buddha University, Greater Noida
ABSTRACT
The presented article is describing the role of the international law that is limiting the emission of greenhouse gas. The United Nations introduced the United Nations Framework on Climate Change in 1992 to mitigate climate change. Later, the Kyoto Protocol and Paris agreement makes the country legally bound to lower the temperature. The parties to the agreement implement the laws related to climate in their domestic country and take initiatives to curb the emission. The challenges facing these agreements are also discussed where developed nations are burdened with the pressure to reduce their own country emission and also help developing nations by providing experts and resources.
There are also reasons why such agreements are not successful and one of the main reasons is the no penalty for violating the agreement, they leaders are free they know if they were unable to mitigate the temperature there will be no penalty. These are the reasons which need attention and require some more binding agreements to curb the climate changing issue. Keywords: Climate Change, Greenhouse gas, Emission, Temperature, United Nations, Laws, Agreements, legal, UNFCCC
INTRODUCTION
No doubt the world is warming and the heat is speeding up, the glaciers are melting and all this because of greenhouse gas emission. The countries are planning to control these emissions to prevent glacier melting. The rise in temperature not only affects the melting of glaciers but also increases frequent drought, excessive rain in the unexpected season, and even an increase in the number of earthquakes. These unwanted changes in the season are affecting the cost of cars and A/C but also harming the agriculture sector. Climate Change is a serious issue and due to this reason the United Nations planned to control the emission of greenhouse gas because today these impacts might seem less but in future they may turn into crises.
Background Earlier discussion on climate change was limited, many organizations of the United Nations mainly focused on economics and environment, climate change was not the primary issue but with the increase in awareness leaders realized the importance of environment and started ensuring preservation and protection. In 1949 United Nations Scientific Conference, it discussed the conservation of lakes and resources, this was the first to discuss depletion of resources and their uses. In 1972, Sweden, First Earth Summit organized, also known as Stockholm Convention , this specifically dealt with issues related to environment, the main aim is to preserve and enhance the human environment. But, Climate Change didn’t get the attention.
After this in 1979, UNEP Governing Council, Executive Director asked for long range transport of air pollutant, later in 1980 the concern took a next step where the organization thought about depletion of ozone layer and recommended to limit the production of Chlorofluorocarbons and in 1985, vienna convention held for the protection of ozone layer. These conventions are proof that countries are slowly leading towards the protection of carbon dioxide. In 1990 there was a Ministerial Declaration in which climate change was recognized as a global problem. Subsequently it led to the establishment of the United Nations Framework Convention on Climate Change (UNFCCC)1. The research paper deals with the role of international law in climate change, it provides briefing about the conventions and their aim to reduce greenhouse gas emission.
Additionally, the paper explores how international law strives to maintain balance between developed and
1 Peter Jackson, Climate Change, United Nations Chronicle (September 06, 2024)
https://www.un.org/en/chronicle/article/stockholm-kyoto-brief-history-climate-change developing nations, also parties' liability in case of breach. How the Parties manage and give best to implement these articles and agenda.
LITERATURE REVIEW
The role of international law in Climate change deals with the conventions and agreements signed by the United States and how these are impacting the countries. The following is the review of other paper on the similar topic:
1. The Role of International Human rights Law in fighting against Climate Change
The author discussed the role of human rights and climate change, that humans have the right to life and free and clean environment, so whether such rights are being protected by the international laws for climate change.
2. The Legal analysis of the Role of Paris agreement in development of state
Responsibility and sustainable Practices in International Climate Change law Analytical Review. The paper provides for paris agreement and its mechanism, challenges faced by the domestic nations and new challenges. These two sources draw attention towards the agreements and urgent need to make modifications for proper implementation and effective results.
METHODOLOGY
The method opted for the research of the article is qualitative, it provides study for the participation of countries coming together to curb climate change. The paper draws the attention towards various conventions held for climate change or for environment development. The qualitative research also explores the regional laws regarding climate change adopted after the conventions. The methods and tools used for research are the information which is available on Google but not all sources are reliable, the government website was preferred for the collection of data and for Literature Review the ResearchGate articles were preferred.
RESULTS
1. What is Climate Change?
Climate Change is a process of change in the temperature and such change in temperature leading to changes in the climate. This change in temperature is negative because this takes years to understand and change in temperature. The reason behind climate change is simple emission of greenhouse gas. The people traveling with their personal vehicle instead of public transport is also one of the reasons which contribute to emission.
2. What is the Paris Agreement and what do the parties agree about ?
The Paris Agreement is a legally binding agreement to combat climate change, countries joining together to agree to lower the acceleration of carbon gas in the environment. This was adopted by 196 parties at the United Nations Climate Change Conference (COP 21) in Paris, France , on 12th december 20152. The goal is to lower the temperature below 2 degree celsius, above pre industrial levels and recently world leaders are stressing to limit it below 1. 5 degree celsius. This agreement also aims to increase the ability of the parties to curb carbon emission. The implementation of the Paris agreement requires economic and social transformation. This agreement is a very ambitious plan, this works on a 5 year plan. Since 2020 the parties have been submitting their report on climate change which is known as Nationally determined Contributions.
The developing countries have choice in what manner they want to contribute but not similar with developed countries they are legally bound. The Paris agreement is so flexible that it provides financial support to the countries which are vulnerable and financially poor. The developed nations provide some assistance to these countries. In 2024 the parties decided to be more transparent, the transparency is regarding the actions, support and progress, it also provides for international procedure for the review of the submitted report.
3. What is the Kyoto Protocol and how is it helping in curbing climate change?
The Kyoto Protocol is also a legally binding agreement like the Paris agreement but it is for developed nations, in that the individual party has its own limit. In the first commitment the 5 year period was set, the period was from 2008 to 2012 in which 37 industrialized countries and 2 The Paris Agreement, United Nations Climate change(September, 06, 2024 )https://unfccc. int/process-andmeetings/the-parisagreement#:~:text=The%20Paris%20Agreement%20is%20a,France%2C%20on%2012%20December%202015. economic transitions and the European community committed to reduce Greenhouse gas emission to an average 5% against 1990 level3. The second commitment is for 8 years which is from 2013 to 2020, in which the parties agree to reduce the emission by 18 %. The protocol also establishes a flexible market mechanism.
There are three market based mechanism : ● International Emission Trading ● Clean Development mechanism ● Joint Implementation International Emission trading is the marketplace which is utilized to buy and sell credits that allows companies or other parties to emit a certain amount of carbon dioxide. The clean development mechanism allows countries to invest in emission and reduce projects in developing countries, this is to foster sustainable development in developing countries and reduce greenhouse gas. Joint implementation is similar to clean development as it allows countries to invest in a project to reduce emissions from other countries. The Article 6. 4 Mechanism was established in the Paris agreement where parties seeks to assist countries in implementation also known as Nationally Determined Contribution.
But under this protocol there is no distinction between developed and developing nations in providing assistance.
4. What is the Role of the United Nations Framework Convention on Climate
Change? In 1992 it was signed at the United Nations Conference on Environment and Development also known as the Earth Summit. Article 2 of the convention provides an objective that is to achieve, stabilize greenhouse gas concentration in the atmosphere at a level that would prevent anthropogenic interference with the climate. Article 7.2 provides the Conference of the Parties as the Supreme Body of the convention, it is the highest decision making authority. The Climate
3 What is Kyoto Protocol, United Nations Climate change (September, 06, 2024, 11:00 PM)
https://unfccc.int/kyoto_protocol#:~:text=In%20short%2C%20the%20Kyoto%20Protocol,accordance%20with %20agreed%20individual%20targets. change process revolves around the annual meeting of COP. There are many achievements of UNFCCC but generating awareness is one of the main and along with that it has created innovative ideas to mitigate climate change.
5. Polluter pays principle
This is a very famous principle in environmental law, it states that the person who causes environmental damage should bear the cost. This principle is also applicable on climate change as the industries, transportation and other sources who contribute to the emission of greenhouse gas should be punishable. So it is believed that developed nations are the ones who should be made liable for the emission of the greenhouse gas due to this reason the developed nations are told to provide financial assistance, technology support. The application of Polluter’s Pay principle ensures that proper compliance is taken and there is accountability. This also ensures equal treatment. And also in paris agreement or Kyoto protocol if any person violates it does not impose penalty or cannot be enforced by the international court.
6. Developed nations helping Developing nations in limiting greenhouse gas emission.
The Paris Agreement provides for the reduce in temperature below 2 degree celsius, this reduction demands the less industry production and more natural production, this is easier for developed nations but for countries which are still developing they don’t have high technology and it will not be easier for them to reduce shut industry or bring new techniques. Now for such problems the developed countries should come forward and help the developing nations to curb the greenhouse gas. The developed nations can help by providing financial assistance to address the impact of climate change. They can enhance the capacity of human resources in the developing nations by providing training and educational courses on the topic of climate change mitigation and adaptation. Sending experts who can share their knowledge and experience with the country.
7. Regional laws on climate change
India signed the Paris agreement in 2016. Many initiatives from the side of Government have been taken to limit the emission of greenhouse gas. The Government encourages people to save electricity and use natural resources to avoid the emission of carbon dioxide. Article 7 of the agreement provides for adaptive capacity , strengthening resilience and reducing vulnerability.
The Indian government launched the National Adaptation Fund and this fund is to be utilized by the State as per their individual project. Similarly there are funds for the development and effective implementation. There are judicial developments too, the establishment of the National Green Tribunal to settle the environmental disputes. In the US there is the Clean Air Act, which helps to combat climate change and reduce emission of other harmful gasses. There is Greenhouse Gas Programme where reports of emission, usually it covers the large emission sources across a range of a factory sector.
DISCUSSION
The things which can be briefed from the above analysis are that these conventions and agreements are for the protection and development of the environment. These agreements are for lowering the temperature only, the countries make initiatives for lowering the temperature and reducing emission. There is no penalty for breaching it, this kind of agreement makes a country free, this is the reason why many countries do not take it seriously, they have signed the agreements but when it comes to initiatives there is no effort. There is a balance between developed and developing nations regarding emission that will be developed nations who will help developing countries to reduce their emissions.
Limitations: The paper is a briefing about the main agreements and conventions, the detailed research is not provided, for example the Montreal protocol is not discussed, the regional laws are only discussing two countries. The reason for not mentioning these was simple to provide briefing to the readers about climate change and major step taken by the United nations and how it is working in the current world.
CONCLUSION
The main motive of international law for climate change is to reduce the emission of greenhouse gas, there is no competition. The conventions and agreements are flexible and convenient so that no country should feel burdened, it is to bring all countries together and fight for a clean environment. But still there are challenges which countries face. The paper has explored the international laws and their implementation in domestic countries mitigating climate changes, it highlighted key agreements and frameworks established to address the global challenges of Greenhouse Gas. The initiative taken by the United Nations regarding climate change is a major step and this step led to the formation of the United Nations Framework Convention on Climate Change (UNFCCC). This work led to subsequent agreements for mitigating the greenhouse gas and lowering the temperature of the Earth.
UNFCCC acts like a guideline which creates public awareness among the peoples to protect their environment. After all these agreements and flexible laws still there are challenges which countries are facing even both developed and developing. The developing countries are facing issues due to lack of technology and incentives, unemployment and lack of knowledge, this is the reason why flexibility is provided to them. For developed nations they have every resource but limiting their industry production is causing an effect on their economy and financial sector. So this is the point which leaders need to ensure and make flexibility that a country who is limiting emission is not going in loss or if it is going, by using alternative methods their production is going on.
There is one major issue also that is the nature of the agreement is binding but does not impose any penalty in case of breach, there is no international court for its enforcement or compliance. These problems indicate that there is a need for constant review and changes whenever required. The leaders need to sign more agreements on climate change other than lowering the temperature.
REFERENCE
1. What is Kyoto Protocol, United Nations Climate change (September, 06, 2024 , 11:00
PM)https://unfccc.int/kyoto_protocol#:~:text=In%20short%2C%20the%20Kyoto%20 Protocol,accordance%20with%20agreed%20individual%20targets.
2. The Paris Agreement, United Nations Climate change(September, 06, 2024
)https://unfccc.int/process-and-meetings/the-parisagreement#:~:text=The%20Paris%20Agreement%20is%20a,France%2C%20on%201 2%20December%202015.
3. Peter Jackson, Climate Change, United Nations Chronicle (September 06, 2024)
https://www.un.org/en/chronicle/article/stockholm-kyoto-brief-history-climate-change
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