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IMPACTS OF INTERNATIONAL LAW ON CLIMATE CHANGE MITIGATION
ABSTRACT
The various reports of the Inter-governmental Panel on Climate Change (IPCC), more than anything else, cleared all doubts as to whether the earth is indeed warming up. Thermometers in over 17,000 weather Stations could not be argued with. Man-made (anthropogenic) activities have resulted in unpredictable and profound changes that alter the composition of the global atmosphere causing significant deleterious effects. Ever since, the concern of international law has been how to achieve substantial reduction of emission of greenhouse gases (GHG) which were found to be responsible for global warming and the resultant change in climate conditions. Given that the threat of human induced climate change represents a classic collective problem affecting everyone, there has been an increasing international effort to mitigate climate impacts both by State and non-State actors alike even as the international community under the auspices of the United Nations Framework Convention on Climate Change (UNFCCC) has just negotiated a new climate agreement. This work articulates the international legal regime on climate change in a manner that highlights its relevant scientific theories thus providing the basis for ascertaining whether the extant legal regime on climate change has equaled the seeming global concerns as to its severity on the environment, human health, human rights and trade and development due to its voluntary contributions, ratchet mechanism and non punitive nature. It was found that the rapidly growing consensus as to the severity of climate change however remains at odds with the slow rate of progress in addressing the problems through international cooperation even when scientific theories of the carbon cycle, the greenhouse effect, gia-hypothesis, anthropocentrism, bio-centrism, eco-centrism and eco-feminism all provide proof of the reality of climate change. From negotiation to enforcement; International climate change laws have proven to be most challenging in the history of multilateral environmental agreements (MEAs) due to diverse interests. The north-south dichotomy and other divergent interests which has characterised international law on climate change have greatly impinged upon the realisation of the intents of MEAs on climate change due largely to the blame game between the two divides and reluctance to sacrifice today’s development for the sustainability of the future. International laws through its principles of sustainable development, precautionary principle, polluters- pay, common but differentiated responsibility, state cooperation, and sovereign rights of natural resources “no-harm rule” tend to limit States’ sovereignty. It was found that International law has played tremendous role in diversifying approaches to international environmental laws on climate change through strict interpretation of the principle of pacta sunt servanda, regarding climate change obligations as one erga omnes and recognition of non-state actors in climate advocacy. The study adopted doctrinal, analytical and comparative designs. Reliance was placed on primary and secondary source materials relevant to the topic. The primary sources include treaties, conventions, protocols and resolutions. Secondary source materials relied on include: textbooks, journals articles, historical records, Case reviews, Bible and Quran recourse of which was had in the analysis of existing international laws on climate change. Emphasis was placed on empirical data gathered through tables, graphs and pictures, analysed to drive home the concept of, and impact of climate change while comparatively reviewing the responses of countries and other State and Non-State actors to mitigate the problem of climate change. Analyses of the data were through deductive reasoning based on statutes and case law.
TABLE OF CONTENTS
Page
Cover Page i
Title Page ii
Certification iii
Dedication iv
Acknowledgements v
Table of Contents vi
Table of Cases x
Table of Statutes xi
Table of Diagrams and figures xviii
Table of Abbreviations xix
Abstract xxiii
Chapter One: GENERAL INTRODUCTION
1.1 Background to the Study 2
1.2 Statement of the Problem 9
1.3 Literature Review 10
1.4 Research Questions 22
1.5 Objectives of the study 23
1.6 Research Methodology 24
1.7 Scope of the Study 24
Chapter Two: THE CONCEPT OF CLIMATE CHANGE, ITS THEORIES AND IMPACTS
2.1 Theories of Climate Change 26
2.1.1 Man and his Environment 26
2.1.2 Anthropocentrism 32
2.1.3 Biocentrism 34
2.1.4 Ecocentrism 34
2.1.5 Ecofeminism 34
2.1.6 Gia-Hypothesis 37
2.2 Emerging Principles of International Environmental Law on Climate Change 38
2.2.1 Principles of Sustainable Development. 39
2.2.2 The Precautionary Principle. 42
2.2.3 Polluter- pays Principle 43 2.2.4 Principle of Common but differentiated responsibility 43 2.2.5 Principle of State Cooperation 44 2.2.6 Sovereign Rights to Natural Resources or “No Harm Rule” 45
2.3 Climate Change Impacts 51
2.3.1 Impact on the Environment 51
2.3.2 Impact on Human Health 58
2.3.3 Impact on Human Rights 60
2.3.4 Impact on Trade and Economic Development 63
Chapter Three: HISTORICAL DEVELOPMENT OF CLIMATE CHANGE RESPONSE
3.1 From a Background of Uncertainty 65
3.2 Pre-Earth Summit Responses to Climate Change Impacts 67
3.2.1 The Stockholm Conference, 1972 68
3.2.2 The Bruntland Commission, 1983 69
3.2.3 The Vienna Convention on Ozone Depleting Substance (ODS) 1985 70
3.2.4 Montreal Protocol on ODS 1987 and Amendments 70
3.3 Post Earth Summit Responses to Climate Change Impacts 72
3.3.1 The World Conference on Environment and Development, 1992 72
3.3.2 United Nations Framework Convention on Climate Change, 1992 74
3.3.3 Rio + 10, Conference, 2002. World summit on sustainable development
(WSSD) 77
3.3.4 The United Nations Conference on Sustainable Development (UNCSD)
Rio+20 80
3.4 Conference of Parties (COP) and Climate Responses 81
3.4.1 Kyoto Protocol, 1997 82
3.4.2 Bali Roadmap 2007 87
3.4.3 Copenhagen 2009 88
3.4.4 Cancun 2010 89
3.4.5 Durban 2011 90
3.4.6 Doha 2012 90 3.4.7 Peru 2014 90
3.4.8 Paris 2015 91
3.4.9 Bonn 2017 101
3.4.10 One Planet Summit, 2017 102
Chapter Four: NATIONAL GOVERNMENTS’ RESPONSES TO CLIMATE CHANGE IMPACT
4.1 Annex 1 Countries or Developed Countries 108
4.1.1 U.S.A 108
4.1.2 U.K 111
4.1.3 Australia 112
4.2 Economies in Transition 115
4.2.1 China 116
4.2.2 India 121
4.2.3 Brazil 125
4.3 Annex 11 Countries or Developing Countries 126
4.3.1 Nigeria 126
4.3.2 Kenya 131
Chapter Five: NON – STATE INTERVENTIONS IN CLIMATE GOVERNANCE
5.1 The need for Non-State intervention 136.
5.2 Non Governmental Organisations (NGOS) and Civil Society Organisations
(CSOs) 141
5.3. Faith Based Organisations (F.B.Os) 159
5.3.1 The Catholic Church’s Ecological Position 159
5.3.2 Islam’s response to Climate Change 166
5.4 Civil Society and the Current Communication Era 167
Chapter Six: ADDRESSING CLIMATE CHANGE IMPACTS THROUGH THE COURTS.
6.1 Climate Change Litigation 170
6.2 Necessity for Climate Change Litigation 176
6.3 Sources of Claims in Climate Change Litigation 178
6.4 Civil Society Movements’ Standing to sue in Climate Litigations 180
6.5 Remedies in Climate Change Litigation 185
6.6 Effect of Litigation on Climate Change Impacts 187
Chapter Seven: FINDINGS, RECOMMENDATIONS AND CONCLUSIONS
7.1 Findings 191
7.2 Recommendations 194
7.3 Conclusion 198
Bibliography 200
