THE ROLE OF INTERNATIONAL LAW IN ADDRESSING CLIMATE CHANGE AND ENVIRONMENTAL ISSUES

Authore : Ambika Swain (This was written by her during the course of her internship at Legal Soch Foundation)

Abstract

This article explores the role of international law in a global scale which addressed the climate change and environmental degradation. There were many foundations and legal functionaries who had put their efforts and dedication and contributed in the welfare of the environment through continuous efforts and dedication. It also highlights the challenges and opportunities keeping in mind the project of reduction of pollutants, coordination among co-workers, sustainable development, public awareness, innovations, implementation of various projects through conventions and conferences. In overall, shaping up of the international environmental law is by setting up rules and regulations, strengthened workforce, continuing evolution, transparency in work, monitoring and verifying the rules prescribed and enforcement of policies formed. The main objective of this Article is to focus on the deteriorating environment and changes in the climate due to damaged ecosystem, high population etc. and find the solution to resolve this at a global level.

Introduction

As we all know, environmental issues are now a major concern in the sphere of international law. The international dimension looks into atmospheric pollution, marine pollution, global warming, ozone depletion, the dangers of nuclear and other extra-hazardous substances, and threatened wildlife species. It can be viewed in two senses. The first thing is that pollution has a hazardous impact on different countries. As stated in the book, “International Law” by Malcolm N. Shaw that Acid Rain is one of the prime example of the statement mentioned previously. It is because when these acids get formed and there is a downpour of rain into the earth in different areas that weren’t the initial originators of that pollution, those areas get into trouble of pollution because of someone else’s generated problem. The second thing that comes into place is that problems related to the environment become more complex when they are single-handedly dealt with by the state to resolve because it is difficult to know the initial polluting event’s location or which kind of pollution has been generated where. For example, if a river is flowing through an area where factories, agricultural lands, industries, and habitat zones are co-existing, it becomes difficult to find due to the waste generated, and the water has deteriorated because they all cause more or less water pollution. An argument has been made that there is not only the right to life, the right to food and shelter, and the right to a standard of living, but also the right to a clean environment.

International Legal Mechanisms ~ Evolving Dynamics in Mitigating the Increasing Sphere of Environmental Depletion

There are various international bodies that have actually taken action concerning the environment and are deeply involved. Their participation in the development of this field has brought about a lot of changes of worldwide magnitude. There was so much resolution and substantive progress in instruments and conventions by the United Nations General Assembly and the UN Environment Programme, respectively. The Stockholm Convention was the first conference to be held around the topic of environment in 1972, which talked about improving the quality of life by making the environment favourable. There are three more conventions that took place for the protection of the ozone layer and biodiversity: the Vienna Convention in 1985, the Montreal Protocol, and the 1992 Convention. In 1992, a committee was formed with many agencies with the motive of sustainable development to improve the synergy of the people working for the environment. The UN Commission on Sustainable Development was set up through the joint efforts of the General Assembly and the Economic and Social Council of the UN. Some NGO’s are also engaged in the development of the environment.

Role of International Law

Public international law includes international environmental law, which is basically created to resolve disputes between the states. Article 38 of the Statute of the International Court of Justice's main area of focus is the environment. International environmental law is sourced from international treaties, customary international laws, and judgements passed by international courts. The role of international law is to look into the problems of depleting freshwater supplies, change in climate, loss of biodiversity, toxic and harmful substances, the ozone layer, and contamination of rivers. The highest-ranking UN body devoted to environmental issues, the UN Environment Assembly, began on June 23, 2014, in Nairobi, where it is headquartered. With a total membership of 193, including all UN members and other stakeholder organisations, the United Nations Environmental Assembly (UNEA) reports directly to the General Assembly. These individuals enable the new organisation to offer a revolutionary platform for leadership in terms of international environmental policy.

Global Warming and Ozone Layer

We all know that global warming’s major cause is the excess exploitation of fossil fuels and the cutting down of plants and trees, which, as a result, depletes forested areas. Excessive ultraviolet radiation that gets into the Earth’s ecosystem can cause serious harm to the environment, resulting in environmental degradation. Due to this, it contributes to global climate change, which again becomes a matter of concern. The Vienna Convention, which was set up in 1985, provided an organisational framework to take necessary actions on the production of chlorofluorocarbons, which resulted in the depletion of the ozone layer. Their main objective was to protect humans and the environment from this hazardous effect. The Montreal Protocol of 1987 implemented a thoroughly planned methodology to reduce the usage of CFCs and put a complete hold on the usage of halons. The emission of greenhouse gases increases the Earth’s temperature, which ultimately leads to global warming and a change in the climate.

Conventions, Protocols and Conferences

There were many conferences and conventions that dealt with the issues of global climate change. The General Assembly held a conference on global climate change following the UNEP, which governed a council decision on the same subject matter. To fight against global warming, the Hague Declaration on the Environment was formed in 1989, which was signed by 24 states. The adoption of the UN Framework Convention on Climate Change took place in 1992, which was signed by 166 countries. The Kyoto Protocol of 1997 also had a target to reduce the greenhouse effect. The Intergovernmental Panel on Climate Change, the World Meteorological Organization, the UN Environment Facility and Programme, and the Global Environment Facility, which was constituted by the World Bank, were all involved scientifically, technologically, and financially in the implementation of the measures decided to be taken for the welfare of the environment. IPCC was also a panel that provided a scientific idea of climate change in the form of a report. In January 2005, the European Union Emissions Trading System was established by the European Union, where trading of carbon emissions allowances can take place between companies. Companies can’t just emit greenhouse gases in whatever quantity they want; they need to have a permit issued by the government that would allow them to release a certain amount of greenhouse gas into the environment. Companies also have the option to buy carbon emission allowances from other companies if they have exhausted their allotted emissions. When we have talked so much about successful missions, how is it possible that there would have been no failure? One such failure was the Copenhagen Climate Change Conference held in December 2009. In 2010, the Cancun Climate Change Conference and the Green Climate Fund both focused on the deforestation part. There was also one agreement that was adopted on December 12, 2015: the Paris Agreement. It is believed that it will be impossible to handle this issue single-handedly, and collective action is required. Their target was to limit the global temperature rise below 2 degrees or 1.5 degrees to limit the dire climate results. As a result, what would happen is that it would protect future and present sustainability. The cleaner the energy will be, the cleaner the planet will get. Three IPCC reports were released between October 2018 and September 2019. The three reports were all about the temperature rise and the effect of global warming on land and water bodies. Through ambitious targets and international cooperation, the European Green Deal of December 2019 plans to achieve zero net emissions. Carbon neutrality is also expected by 2050. China is aiming for carbon neutrality by the year 2060 and emission peaking by the year 2030. The US was not a part of the Paris Agreement during the rule of Donald Trump, but as soon as Joe Biden was appointed, they again joined to fight for climate change for the betterment of society.

Conclusion

In recent times, we can see that not only people in UNEP, or the Global Environment Facility, are worried about the issue, but it has become a major concern for civil society, financial institutions, businesses, local governments, and various stakeholders as well. The Climate Ambition Summit is going to take place on September 20, 2023, at the United Nations Headquarters in New York. It is going to present the previously taken measures for the growing global concern of climate change and have a futuristic approach with solutions to prevent all sorts of problems lying right now related to climate change and environmental destruction. Making this a global priority, the United Nations has always been the first to address the climate change issue. This event is being organised by the United Nations Secretary General. Nations have a mutual and collaborative approach to having a more sustainable and prosperous global economy. It would be fair enough to have a nation free of pollution, keeping in mind the needs of society, companies, individuals, workers, stakeholders, etc. We need to create a nation that can adapt to changes in climatic conditions. There needs to be a global commitment from every corner of the nation to create a climate-resilient economy that can withstand any issue related to climate and the environment.

REFERENCES

Books

• Malcolm N. Shaw, International Law, 640-683 (Cambridge University Press 2017)

Online Sources

• Planete energies, https://www.planete-energies.com/en/media/article/international-efforts-combat-climate-change (last visited on Aug. 24, 2023).

• United Nations, https://www.un.org/climatechange/climate-ambition-summit (last visited on Aug. 24, 2023).

• Connecticut, Department of Energy & Environmental Protection, https://portal.ct.gov/DEEP/Climate-Change/International-Climate-Change-Initiatives (last visited on Aug. 24, 2023).

• United Nations Climate Change, https://unfccc.int/process-and-meetings/the-paris-agreement (last visited on Aug. 24, 2023)

• Imperial College London, https://www.imperial.ac.uk/grantham/publications/climate-change-faqs/what-are-the-worlds-countries-doing-about-climate-change/ (last visited on Aug. 24, 2023)

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