This article has been written by Ms. R.THIRUSHYA , a III year student of SATHYABAMA college, CHENNAI.
ABSTRACT :
This research paper explores the multifaceted dimension of climate change within the framework of international environmental law. Focusing on the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement, the paper scrutinizes the legal definitions of climate change and assesses the mechanisms implemented to address this global crisis. Through an examination of mitigation, adaptation, and financial strategies, as well as compliance and enforcement mechanisms, the research sheds light on the successes and shortcomings of international efforts. Looking forward, the paper discusses potential future developments and recommendations to bolster the efficacy of international environmental law in tackling the urgent challenge of climate change. The conclusion synthesizes key findings and offers recommendations to strengthen the legal response to climate change, emphasizing the critical role of international collaboration in mitigating and adapting to the far-reaching impacts of this global crisis.
KEY WORDS : Climate change, Kyoto protocol, Paris Agreement, United Nations, International environmental law.
INTRODUCTION :
Climate change, a pressing global issue, has become a central concern in international law due to its far-reaching impacts on our planet and its inhabitants. Scientists widely agree that human activities, like burning fossil fuels, contribute to the warming of the Earth. In response to this, international agreements such as the United Nations Framework Convention on Climate Change (UNFCCC) have been established to bring countries together in addressing this shared problem. The significance lies in the fact that climate change doesn’t respect borders – its effects are felt worldwide, affecting weather patterns, sea levels, and ecosystems. These changes pose threats to people’s homes, livelihoods, and the overall well-being of our planet. International law recognizes the need for cooperation, setting out commitments for nations to reduce emissions and adapt to these changes. The principle of “common but differentiated responsibilities” acknowledges that historically, developed nations have contributed more to the problem and should take the lead in finding solutions. Additionally, climate change is seen as a matter of justice, emphasizing fairness in how the burdens and benefits of addressing this challenge are distributed among nations and communities. In essence, addressing climate change through international law is crucial for a sustainable and equitable future.
This research aims to comprehensively explore the scope and objectives of international environmental law in the context of climate change. The scope involves a meticulous examination of key international agreements such as the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement. By delving into the legal definitions of climate change and analyzing mechanisms for addressing it, the research seeks to unravel the complexities of mitigation, adaptation, and financial strategies deployed globally.
The objectives encompass understanding the successes and shortcomings of these strategies, investigating challenges in compliance and enforcement, and identifying opportunities for enhanced international collaboration. Ultimately, the research aspires to provide valuable insights into the evolving landscape of international environmental law, offering recommendations to fortify legal frameworks for effectively addressing the urgent and interconnected challenges posed by climate change on a global scale.
DEFINITION OF CLIMATE CHANGE IN INTERNATIONAL ENVIRONMENTAL LAW :
- UNFCCC Definition :
According to Article 1(2) of United Nations Framework Convention on Climate Change 1992 defines the term “ Climate change’’ means a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods.
The definition encompasses both the warming of the Earth’s surface and the related impacts on ecosystems, weather patterns, and sea levels. The UNFCCC establishes a foundation for international cooperation to stabilize greenhouse gas concentrations in the atmosphere, with the ultimate objective of preventing dangerous anthropogenic interference with the climate system. This definition underscores the human-induced nature of climate change and serves as a basis for the legal frameworks established to address this global challenge.
KEY INTERNATIONAL AGREEMENTS :
While the United Nations Framework Convention on Climate Change (UNFCCC) provides a foundational definition, other legal instruments and agreements have also contributed to the understanding of climate change. The definitions in these agreements often echo or build upon the UNFCCC’s perspective. Here are a couple of examples:
1.Kyoto Protocol (1997) :
The Kyoto Protocol, an extension of the UNFCCC, defines climate change as “a change in climate that is attributed directly or indirectly to human activities that alter the composition of the global atmosphere”. This broad definition aligns with the UNFCCC but places emphasis on the role of human activities in altering atmospheric composition.
The Kyoto Protocol is also known as “The Kyoto Environmental Summit on Global Warming” was adopted in 1997 as an extension of the United Nations Framework Convention on Climate Change (UNFCCC), marked a significant milestone in international efforts to combat climate change. The main objective of the Kyoto Protocol is , “to minimise the level of global warming and to reduce the concentration of GHG’s in the atmosphere of globe”.
2.Paris Agreement (2015) :
The Paris Agreement, a landmark global accord under the UNFCCC, does not explicitly provide a new definition of climate change. However, it emphasizes the importance of limiting global temperature increases to well below 2 degrees Celsius above pre-industrial levels, pursuing efforts to limit the temperature increase to 1.5 degrees Celsius. The agreement implicitly acknowledges the urgency of addressing climate change and its potential impacts on the planet.
The main objective of the Paris Agreement is, Increasing the parties capacity to adapt to the negative consequences of climate change; establishing a financial stream that continuously supports low-GHG emissions and the growth of climate resilience.
OTHER RELEVANT AGREEMENTS :
Montreal Protocol on Substances that Deplete the Ozone Layer (1987):While primarily focused on ozone layer protection, the Montreal Protocol indirectly contributes to climate change mitigation. The phase-out of ozone-depleting substances prescribed by the protocol, such as chlorofluorocarbons (CFCs), has led to a reduction in greenhouse gas emissions. The success of this protocol highlights the potential of International cooperation in addressing environmental challenges.
The Doha Amendment to the Kyoto Protocol (2012):This amendment extended the commitment period of the Kyoto Protocol to 2020, providing continuity in international efforts to reduce greenhouse gas emissions. It bridged the gap between the Kyoto Protocol and the implementation of the Paris Agreement.
Hamburg Agreement (2017) – International Maritime Organization (IMO):The International Maritime Organization reached an agreement to reduce greenhouse gas emissions from international shipping. While not as comprehensive as some land-based agreements, this marks a crucial step toward addressing emissions from a significant global industry.
Kigali Amendment to the Montreal Protocol (2016):Building on the success of the Montreal Protocol, the Kigali Amendment targets hydrofluorocarbons (HFCs), which are potent greenhouse gases used in refrigeration and air conditioning. The amendment aims to phase down the production and consumption of HFCs, contributing to both ozone layer protection and climate change mitigation.
Sendai Framework for Disaster Risk Reduction (2015-2030):While not exclusively focused on climate change, the Sendai Framework recognizes the interlinkages between climate change and disaster risk reduction. It emphasizes the importance of building resilience to climate-related hazards and reducing vulnerability to disasters.
Aichi Biodiversity Targets – Convention on Biological Diversity (2010):Biodiversity conservation is integral to climate change adaptation. The Aichi Targets provide a framework for global efforts to address biodiversity loss, which is crucial for maintaining ecosystem services that support climate resilience.
MECHANISM TO ADDRESS CLIMATIC CHANGE :
Addressing climate change involves a multifaceted approach with various mechanisms and strategies. Here are key mechanisms aimed at mitigating and adapting to climate change:
- MITIGATION STRATEGIES:
– Renewable Energy Transition: Shifting from fossil fuels to renewable energy sources, including solar, wind, hydro, and geothermal power, to reduce greenhouse gas emissions.
– Energy Efficiency Improvements: Enhancing energy efficiency across sectors to reduce overall energy consumption and decrease carbon emissions.
– Carbon Capture and Storage (CCS): Capturing and storing carbon dioxide emissions from industrial processes and power plants to prevent their release into the atmosphere.
– Afforestation and Reforestation: Planting trees and restoring forests to act as natural carbon sinks, absorbing carbon dioxide from the atmosphere.
- CARBON PRICING:
– Carbon Taxes: Imposing a tax on carbon emissions to discourage their release and incentivize businesses and individuals to adopt cleaner practices.
– Cap-and-Trade Systems: Establishing a market-based approach where companies can buy and sell permits for emitting carbon, encouraging emission reductions.
- ADAPTATION MEASURES:
– Infrastructure Resilience: Designing and building infrastructure to withstand and adapt to climate-related impacts, such as sea-level rise, extreme weather events, and changing precipitation patterns.
– Water Management: Implementing sustainable water management practices to address changing precipitation patterns and water scarcity.
– Climate-Resilient Agriculture: Developing and promoting agricultural practices that are resilient to climate change, including drought-resistant crops and improved water management.
- INTERNATIONAL COOPERATION:
– Global Agreements: Participating in and upholding international agreements such as the Paris Agreement, which sets targets for reducing global temperature rise and encourages collaboration among nations.
– Financial Support: Providing financial assistance to developing countries for both mitigation and adaptation measures, recognizing their vulnerability to climate impacts.
- TECHNOLOGY TRANSFER:
– Facilitating the transfer of environmentally sound technologies from developed to developing countries to enhance their capacity for sustainable development and climate action.
- PUBLIC AWARENESS AND EDUCATION:
– Raising public awareness about climate change and promoting education on sustainable practices to foster a sense of responsibility and encourage climate-friendly behaviors.
- CIRCULAR ECONOMY PRACTICES:
– Promoting a circular economy where resources are reused, recycled, and repurposed, reducing waste and minimizing environmental impact.
- RESEARCH AND INNOVATION:
– Investing in research and innovation to develop new technologies, strategies, and solutions for mitigating and adapting to climate change.
- ECOSYSTEM CONSERVATION:
– Protecting and restoring ecosystems, including forests, wetlands, and biodiversity-rich areas, to enhance natural resilience and contribute to carbon sequestration.
- RESPONSIBLE CONSUMER CHOICES:
– Encouraging consumers to make environmentally responsible choices, including supporting sustainable products and reducing overall consumption.
These mechanisms collectively contribute to a comprehensive global response to climate change, recognizing the need for both mitigation and adaptation strategies across various sectors and scales.
CASE STUDIES RELATED TO CLIMATIC CHANGE :
VIRENDRA GAUR VS. STATE OF HARYANA [(1995) 2 SCC 577]
HELD: Article 21, Constitution of India, 1950, implicitly states that “Right to Life includes Right to a Healthy Environment,” thereby guaranteeing the protection of life and individual liberty.
M.C. MEHTA VS. UNION OF INDIA [1987 SC 965]
(oleum gas leak case)
HELD : The victims of the pollution caused by the hazardous industries were compensated by the Supreme Court using the doctrine of “absolute liability.”
M.C. MEHTA VS. UNION OF INDIA AIR [1988 SC 1037;(1987) 4 SCC 463]
(Ganges River Pollution Case)
HELD :The discharge of substances that were inherently dangerous into the Ganga River was ordered by the Supreme Court, affecting industries situated along its banks.
VELLORE CITIZEN WELFARE FORUM VS UNION OF INDIA AIR 1996(5) SCC 647
HELD: The Supreme Court declared that the leather industries should be closed because they were releasing more dangerous chemicals, applying the precautionary principle.
MAHENDRA PANDEY VS. UNION OF INDIA [No : 677 of 2016 ]
HELD: According to the National Green Tribunal, the Protection of Environment Act of 1986’s Impact Assessment Procedures already addressed climate change.
FUTURE DEVELOPMENTS :
- The Need for Enhanced International Collaboration:
The future necessitates a deepened commitment to international collaboration in the face of escalating climate challenges. With the recognition that climate change is a global issue requiring collective action, countries are likely to intensify efforts to collaborate on mitigation and adaptation strategies. Enhanced cooperation may manifest through shared research initiatives, technology transfers, and collaborative projects aimed at addressing climate impacts. Robust partnerships and alliances will be crucial, fostering a sense of shared responsibility to achieve meaningful progress in the global fight against climate change.
- Emerging Legal Frameworks and Potential Amendments to Existing Agreements:
As the urgency to address climate change grows, the legal landscape is expected to witness the emergence of new frameworks and potential amendments to existing agreements. Countries may seek to strengthen and broaden the scope of international agreements, addressing gaps and incorporating evolving scientific knowledge. Amendments could include more ambitious emission reduction targets, innovative financing mechanisms, and enhanced transparency and accountability measures. Adaptations to legal frameworks may also reflect a heightened focus on climate justice and the equitable distribution of responsibilities among nations. The legal evolution is poised to be dynamic, reflecting the evolving understanding of climate change and the imperative for effective and equitable global governance.
CONCLUSION :
In summary, the exploration of defining and addressing climate change in international environmental law has unveiled several key findings. The significance of climate change in international law lies in its recognition as a pressing global challenge, necessitating collaborative efforts and legal frameworks to mitigate and adapt to its impacts. The UNFCCC provides a foundational definition, while subsequent agreements such as the Kyoto Protocol and the Paris Agreement have shaped the legal landscape by establishing emission reduction commitments and fostering international cooperation. The evolving scientific understanding of climate change has been intricately incorporated into legal definitions, emphasizing the dynamic relationship between science and law. The historical perspective of agreements like the Kyoto Protocol offers valuable lessons, while the Paris Agreement represents a shift towards inclusivity and flexibility in climate governance. Through collaborative efforts and sustained commitment, the international community can navigate towards a sustainable and resilient future.
REFERENCES :
https://blog.ipleaders.in/climate-change-and-its-impact-on-the-environment/
Dr. G. Rajah, Basic Environmental Studies; Margham Publications; Second Edition, 2010.
Eric A.Posner and Cass R.Sunstein, Climatic Change Justice; Georgetown Law Journal; 2nd Edition, 2008.