Publication date: 26.08.2024
Introduction
Climate change is one of the most pressing challenges of our time, affecting ecosystems, economies, and communities worldwide. As the scientific consensus on the urgency of climate action solidifies, international law is evolving to meet these challenges head-on. This blog post explores how international treaties, state responsibilities, and emerging legal principles shape global environmental governance in response to climate change.
The International Development of Environmental Law
In the 19th century, the third generation of human rights was established, including the right to the environment. Its foundations and principles were laid down at the 1972 UN World Conference in Stockholm. Its early phase was characterized by so-called 'end-of-pipe' solutions, which regulated an environmental element in isolation without a holistic approach.
Cooperation was deepened by the 1979 Geneva Convention on air pollution. The World Commission on Environment and Development was set up to develop the concept of sustainability. In 1992, the World Conference on Environment and Development was held in Rio de Janeiro, with sustainable development as its key concept. Several environmental conventions were adopted here: Agenda 21, the Rio Declaration, the UN Framework Convention on Climate Change, the UN Convention on Biological Diversity, and the Convention to Combat Desertification.
They focus on specific elements of the environment or anthropogenic impacts (atmosphere, aquatic environment, wildlife, etc.). The conventions do not provide for comprehensive protection of the environment.
The Role of International Treaties
International law provides a framework for states to cooperate in addressing climate change. Key treaties include:
The United Nations Framework Convention on Climate Change (UNFCCC): Established in 1992, this treaty laid the groundwork for subsequent agreements. The first international document expressing the need for the widest possible cooperation in combating climate change. It has laid down the principles, but its tools are soft; they have no coercive power.
The Kyoto Protocol: It was signed in 1997 to give concrete expression to the objectives of the Framework Convention. It includes quantified, legally binding targets for CO2 emissions and introduces market-based mechanisms like emissions trading. Although some critics argue it was insufficient, it laid the groundwork for more comprehensive measures.
The Paris Agreement: It was adopted at the Paris Climate Conference in 2015. The main aim of the agreement is to limit the global average temperature increase to 2°C, preferably 1.5°C above pre-industrial levels. Countries voluntarily commit to reducing their greenhouse gas emissions and report annually on their progress. It establishes nationally determined contributions (NDCs) and emphasizes transparency and accountability among states. The Paris Agreement represents a shift towards a more inclusive approach, allowing nations to assess their climate goals while holding them accountable.
Responsibilities of States
States have a dual responsibility under international law: to mitigate climate change and to adapt to its impacts. This includes:
Mitigation Efforts: States must take proactive measures to reduce greenhouse gas emissions. This is not only a moral obligation but also a legal one under various international agreements.
Adaptation Strategies: Countries are expected to develop and implement strategies to adapt to the effects of climate change, such as rising sea levels and extreme weather events. This involves securing funding and technical assistance, particularly for developing nations.
Legal Principles
As international law adapts to address climate change, several emerging principles are gaining traction:
Do No Harm Rule: it is considered to be the main rule of international environmental law. The principle is that a state is responsible for environmental damage caused by activities under its jurisdiction and control.
State Cooperation: underlines the importance of international, regional, and global cooperation between states and commits states to this.
Polluter Pays: the polluter should bear the costs of environmental damage.
Common But Differentiated Responsibilities (CBDR): underlines that states have a common but differentiated responsibility. Developed and developing states have different priorities, technological development, and financial resources to address environmental problems. Developing countries' environmental problems are linked to poverty, while developed countries' problems are linked to high levels of industrialization and consumption.
Intergenerational Equity: This principle promotes the idea that current generations must protect the environment for future generations. It supports sustainable development by emphasizing long-term environmental stewardship.
Precautionary Principle: addresses the problem that scientific knowledge does not always reach a level of scientific development that would indicate that environmental damage is occurring. The Rio Declaration points to the essence of the principle when it states that where there is a risk of serious irreversible damage, lack of scientific certainty should not be used to postpone action to prevent environmental damage.
Right to a Healthy Environment: in global and regional international agreements, the right to a healthy environment is closely linked to the principle of sustainable development.
Challenges in Global Environmental Governance
Despite progress, numerous challenges hinder effective legal responses to climate change:
Unwillingness to take collective action: There is no global authority that can establish enforceable regulations to modify all actors’ motivations and resulting actions. The interests of local actors differ from those of global organizations.
Compliance and Enforcement: Many international treaties lack stringent enforcement mechanisms, making it difficult to hold states accountable for failing to meet their commitments.
Disparities in Capacity: While developed nations have greater resources to address climate change, developing countries often struggle to implement necessary measures due to limited financial, technical, and institutional support.
Fragmentation of Legal Frameworks: Overlapping treaties and domestic laws can create confusion and hinder coherent national and international action on climate change. There is no state-like global public policy on environmental challenges because the implementation of global agreements rely on local policies reinforced by international mechanisms such as climate financing.
Conclusion
International law is crucial in navigating the complex landscape of climate change and global environmental governance. As treaties evolve and new legal principles emerge, the international community must continue to strengthen commitments, enhance compliance mechanisms, and ensure equitable solutions. New global environmental governance frameworks and policy mechanisms are required to coordinate local and global public interests, as climate policies are not moving at the required pace to avert the unpredictable consequences of global environmental change. Collective action, rooted in robust legal frameworks, will be essential to addressing climate change and securing a sustainable future for generations to come.
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