International law on Climate change

By Adv Rishabh Kumar

Published on: January 6, 2024 at 00:08 IST

Climate change refers to significant and lasting changes in the Earth’s climate patterns over an extended period. It encompasses changes in temperature, precipitation, sea levels, and other atmospheric conditions. The primary driver of recent climate change is widely recognized to be human activities, particularly the emission of greenhouse gases (GHGs) such as carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O). These gases trap heat in the Earth’s atmosphere, leading to a warming effect known as the greenhouse effect.

United Nations Framework Convention on Climate Change is International treaty established in 1992 with the primary objective to prevent dangerous human interference with the climate change. The treaty helps garner global cooperation with focus towards reducing greenhouse gas emission. Make developed countries accountable and keep tabs on each countries climate change policies and measures. In this Article We will delve into the provision with respect to climate change in International Law.

Why do we need an international framework for climate change?

Key aspects of climate change include:

1. Global Warming: The Earth’s average surface temperature has been rising, leading to global warming. This warming is evidenced by increases in temperature extremes, heatwaves, and changes in precipitation patterns.
2. Sea Level Rise: As global temperatures rise, ice sheets and glaciers melt, contributing to the rise in sea levels. This poses a threat to coastal communities and ecosystems.
3. Extreme Weather Events: Climate change is linked to an increase in the frequency and intensity of extreme weather events, such as hurricanes, droughts, floods, and wildfires.
4. Ocean Acidification: Increased carbon dioxide levels not only contribute to global warming but also lead to the acidification of oceans. This has detrimental effects on marine ecosystems, particularly coral reefs and shell-forming organisms.
5. Melting Ice and Snow: Warming temperatures contribute to the shrinking of ice caps, glaciers, and Arctic sea ice. This has profound implications for global climate systems and sea level rise.
6. Impacts on Ecosystems: Climate change affects biodiversity and ecosystems, disrupting plant and animal life as they struggle to adapt to changing conditions. Some species may face extinction due to loss of habitat or inability to adapt quickly enough.
7. Social and Economic Impacts: Climate change poses risks to human societies, impacting agriculture, water resources, health, and infrastructure. Vulnerable communities, particularly those in low-lying coastal areas and developing countries, are often disproportionately affected.

Various International Climate treaties

1. Conference of the Parties (COP): The COP is the supreme decision-making body of the UNFCCC. Parties to the convention meet annually at the COP to assess progress in dealing with climate change, negotiate and implement decisions, and consider further actions.
2. Kyoto Protocol: Adopted in 1997 as an annex to the UNFCCC, the Kyoto Protocol established legally binding emission reduction targets for developed countries. It introduced market-based mechanisms such as emissions trading and the Clean Development Mechanism (CDM) to help countries meet their targets.
3. Paris Agreement: Adopted in 2015 at COP21 in Paris, the Paris Agreement is a landmark international accord within the UNFCCC framework. It aims to limit global warming to well below 2 degrees Celsius above pre-industrial levels, with efforts to limit the increase to 1.5 degrees Celsius. Unlike the Kyoto Protocol, the Paris Agreement applies to all countries, with each setting its own nationally determined contributions (NDCs) for mitigating climate change.
4. Nationally Determined Contributions (NDCs): Parties to the Paris Agreement submit NDCs, outlining their climate action plans, including emission reduction targets and adaptation measures. NDCs are reviewed periodically, and countries are expected to enhance their commitments over time.
5. Green Climate Fund (GCF): The GCF was established as part of the financial mechanism of the UNFCCC to support developing countries in their efforts to mitigate and adapt to climate change. It helps mobilize financial resources and facilitates the transfer of technology to developing nations.
6. Intergovernmental Panel on Climate Change (IPCC): The IPCC provides scientific assessments on climate change, its impacts, and potential adaptation and mitigation strategies. Its findings contribute to the policymaking process within the UNFCCC.
7. United Nations Framework Convention on Climate Change (UNFCCC): The UNFCCC sets out key principles and commitments for addressing climate change, including the principle of “common but differentiated responsibilities and respective capabilities.” This recognizes that while all countries share the responsibility to address climate change, the capacity of countries to do so may vary. The Convention also establishes the annual Conference of the Parties (COP) as the supreme decision-making body, where representatives from member countries gather to review and advance global climate efforts.

What the treaties aim to achieve?

• Adaptation Measures:

The framework recognizes the need to adapt to the impacts of climate change, especially in vulnerable and developing countries. The Paris Agreement establishes the Global Goal on Adaptation, emphasizing the importance of enhancing adaptive capacity, strengthening resilience, and reducing vulnerability to climate change.

• Financial Support:

Financial mechanisms, such as the Green Climate Fund (GCF) and the Adaptation Fund, provide financial resources to developing countries. This funding supports both mitigation and adaptation projects, helping these nations transition to low-carbon economies and cope with the impacts of climate change.

• Technology Transfer and Capacity Building:

The framework promotes the transfer of environmentally sound technologies from developed to developing countries. It recognizes the importance of capacity building to enhance the ability of developing nations to implement climate-related projects, formulate policies, and engage in international climate negotiations effectively.

• Market-Based Mechanisms:

The Kyoto Protocol introduced market-based mechanisms such as emissions trading and the Clean Development Mechanism (CDM). While the Kyoto Protocol is largely succeeded by the Paris Agreement, these market mechanisms provided early examples of how economic incentives can be used to encourage emission reductions.

• Regular Review and Updating:

The international framework emphasizes a cyclical process of reviewing and updating commitments. Parties to the Paris Agreement are expected to submit new or updated NDCs every five years, reflecting increased ambition in addressing climate change.

• Science and Information Sharing:

The Intergovernmental Panel on Climate Change (IPCC) plays a crucial role in providing scientific assessments and information on climate change. This information is used to inform policy decisions and enhance understanding of the evolving challenges and opportunities related to climate change.

• Public and Private Sector Engagement:

The framework recognizes the importance of engaging both public and private sectors in climate action. Initiatives such as public-private partnerships, corporate sustainability commitments, and voluntary initiatives contribute to the overall effort to tackle climate change.

Conclusion

The UNFCCC tries to bring identify lofty but time-specific goals that countries can work towards. They contribute to raising public awareness about climate change and the importance of taking action. aims to provide a basis for public engagement, advocacy, and participation in shaping climate policies at national and international levels.

The ultimate goal of climate protection laws and treaties is to prevent dangerous anthropogenic interference with the climate system. These legal instruments provide a structured and systematic approach to achieving this goal through coordinated international efforts.