Climate Law Presentation PDF

CLIMATE CHANGE AS AN ENVIRONMENTAL PROBLEM Karolina Zakovska Faculty of Law of Charles University in Prague IEELP, LL.M. Programme 21-10-2024 Planetary boundaries Source: The evolution of the planetary boundaries framework. Licenced under CC BY- NC-ND 3.0 (Credit: Azote for Stockholm Resi...

CLIMATE CHANGE AS AN ENVIRONMENTAL PROBLEM Karolina Zakovska Faculty of Law of Charles University in Prague IEELP, LL.M. Programme 21-10-2024 Planetary boundaries Source: The evolution of the planetary boundaries framework. Licenced under CC BY- NC-ND 3.0 (Credit: Azote for Stockholm Resilience Centre, Stockholm University. Based on Richardson et al. 2023, Steffen et al. 2015, and Rockström et al. 2009) 1 Discussion What is the cause of climate change? How does climate change affect your country? Introduction Atmosphere = layer of gases surrounding the planet Earth Air = mixture of gases in the atmosphere attention paid to the “ambient” air (outdoor air in the troposphere) Natural composition of air N2 → 78% O2 → 21% precious gases + water vapour + CO2 → 1% (CO2 → 412 ppm and rising) + higher concentration of O3 in the stratosphere 2 Introduction Maintaining the natural characteristics of the atmosphere is essential for life on Earth. Air pollution largo sensu = human introduction into the atmosphere of polluting substances, it means substances that have or might have, alone or in interaction with other substances, harmful effects on human health or the environment Main polluting substances SO2, NOx, particulate matter, ammonia, volatile organic compounds, (tropospheric) ozone chlorofluorocarbons and substances with similar effects (ozone depleting substances) synthetic greenhouse gases (sulphur hexafluorid – SF6 + fluorinated gases) + specific character of greenhouse gases that occur naturally in the atmosphere, but their concentrations increase due to human activities (CO2, methane) Introduction Three problems related to the protection of the atmosphere deterioration of air quality (“classic” air pollution) ozone layer depletion climate change → different aims of legal regulation (emissions minimization or control x emissions elimination), different methods, different obstacles to applicability and effectiveness Common characteristics of legal regulation: framework convention + implementing protocol(s) regulation/control of emissions of polluting substances 3 Introduction Legal instruments (approaches) used in atmosphere protection conceptual/strategic (public law plans and programmes) command-and-control/administrative (bans and restrictions, permitting, emission limits, air quality standards) market-based/economic (taxes, charges, fees, tradable emission permits) voluntary (voluntary commitments of the private sector) + human-rights based (reflects the fact that human rights and the environment are interconnected or, more precisely, that the possibility to enjoy a number of human rights is based on the quality of the environment → rights holders can start a lawsuit for violation of their rights, generally against ‟their” state, in case the environment is not protected) Protection of the atmosphere Climate system Earth's climate system = an interactive system consisting of five components (atmosphere, hydrosphere, cryosphere, land surface, biosphere), forced or influenced by various external forcing mechanisms (the Sun being the most important) Substances influencing the Earth's climate system → greenhouse gases (GHGs) – water vapour, CO2, methane,, nitrous oxide (N2O) + sulfur hexafluoride (SF6), fluorinated gases (synthetic) First four GHGs are naturally present in the atmosphere (responsible for so-called “greenhouse effect” that is vital for life), but their concentration increases during the last 100 years due to human activity. 4 Protection of the atmosphere Climate system Increase in concentration of GHGs in the atmosphere 1. Causes mainly human driven emissions of carbon dioxide (burning fossil fuels, land use change) and methane (agriculture) 2. Effects climate change (often called “global warming”) → changes in rainfall patterns, increased intensity and frequency of extreme weather events, decrease in Arctic sea ice, retreat of glaciers, sea level rise + effects on biodiversity, possible changes in ocean currents, etc. → potentially serious impacts on human lives and livelihoods But many uncertainties persist! 5  Source: NASA, Earth.org Sources: NOAA, Manaaki Whenua – Landcare research 6  Source: UNEP – GRID Arendal Anomalies in the mean surface temperature in 2011 (vs. mean temperature in the period 1951-1980) Source: NASA-Goddard Institute for Space Studies 7 Anomalies in the mean surface temperature in 2012 (vs. mean temperature in the period 1951-1980) Source: NASA-Goddard Institute for Space Studies Anomalies in the mean surface temperature in 2013 (vs. mean temperature in the period 1951-1980) Source: NASA-Goddard Institute for Space Studies 8 Anomalies in the mean surface temperature in 2014 (vs. mean temperature in the period 1951-1980) Source: NASA-Goddard Institute for Space Studies Anomalies in the mean surface temperature in 2015 (vs. mean temperature in the period 1951-1980) Source: NASA-Goddard Institute for Space Studies 9 Anomalies in the mean surface temperature in 2016 (vs. mean temperature in the period 1951-1980) Source: NASA-Goddard Institute for Space Studies Anomalies in the mean surface temperature in 2017 (vs. mean temperature in the period 1951-1980) Source: NASA-Goddard Institute for Space Studies 10 Anomalies in the mean surface temperature in 2018 (vs. mean temperature in the period 1951-1980) Source: NASA-Goddard Institute for Space Studies Anomalies in the mean surface temperature in 2019 (vs. mean temperature in the period 1951-1980) Source: NASA-Goddard Institute for Space Studies 11 Anomalies in the mean surface temperature in 2020 (vs. mean temperature in the period 1951-1980) Source: NASA-Goddard Institute for Space Studies Anomalies in the mean surface temperature in 2021 (vs. mean temperature in the period 1951-1980) Source: NASA-Goddard Institute for Space Studies 12 Anomalies in the mean surface temperature in 2022 (vs. mean temperature in the period 1951-1980) Source: NASA-Goddard Institute for Space Studies Anomalies in the mean surface temperature in 2022 – the warmest year in modern record (vs. mean temperature in the period 1951-1980) Source: NASA-Goddard Institute for Space Studies 13 Anomalies in the mean surface temperature in August 2024 (vs. mean temperature in the period 1951-1980) Source: NASA-Goddard Institute for Space Studies „August 2024 set a new monthly temperature record, capping Earth’s hottest summer since global records began in 1880, according to scientists at NASA's Goddard Institute for Space Studies.“ Arctic and Antarctic Sea Ice extent http://nsidc.org/arcticseaicenews/ 14 Arctic and Antarctic Sea Ice extent http://nsidc.org/arcticseaicenews/ Number of natural catastrophes Zdroj: Munich RE, více informací na: https://www.iii.org/fact-statistic/facts-statistics-global-catastrophes 15 Protection of the atmosphere Climate system Climate change is potentially one of the most serious global problems affecting all life on Earth + it has important security implications Similarly as other global problems (ozone layer depletion, air and ocean pollution, biodiversity loss, etc.) it requires action at international level. In 2007 the Nobel Peace Prize was awarded to the Intergovernmental Panel on Climate Change (IPCC) jointly with Al Gore “for their efforts to build up and disseminate greater knowledge about man-made climate change, and to lay the foundations for the measures that are needed to counteract such change”. Aim of legal regulation: mitigation and adaptation (see further.) Protection of the atmosphere International climate change law 1988: establishment by the World Meteorological Organization (WMO) and UNEP of the Intergovernmental Panel on Climate Change (IPCC) as a scientific body providing information to policymakers and the public (www.ipcc.ch) → regular reports (assessment reports, special reports, methodology reports + technical papers and supporting material), the Sixth IPCC Assessment report: Climate Change 2021/2023 (The Physical Science basis, Impacts, adaptation and vulnerability, Mitigation of Climate Change, Synthesis Report) More information: https://www.ipcc.ch/ 16 Protection of the atmosphere International climate change law 1990s: in 1990 establishment by the UN General Assembly of the Intergovernmental Negotiating Committee (INC) for an international convention → UN Framework Convention on Climate Change (UNFCCC) signed at the UNCED in Rio de Janeiro in June 1992 (entry into force on 21 March 1994) 196 States + EU have joined up to now More information: https://unfccc.int/ Essential background: https://unfccc.int/process-and-meetings/the-convention/what-is- the-united-nations-framework-convention-on-climate-change Protection of the atmosphere International climate change law UNFCCC objective: stabilizing GHG concentrations “at a level that would prevent dangerous anthropogenic (human induced) interference with the climate system” principles: common but differentiated responsibilities, recognition of specific needs and special circumstances of developing country Parties, precautionary approach, sustainable development two approaches: mitigation = an anthropogenic intervention to reduce the sources or enhance the sinks of greenhouse gases (sinks = natural or artificial reservoirs that absorb GHGs, mainly carbon, from the atmosphere, e.g. oceans, forests) adaptation = adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities commitments: general ones 17 Protection of the atmosphere International climate change law The UNFCCC places the heaviest burden for fighting climate change on industrialized nations → division of State Parties into two groups: Annex 1 countries = developed countries (43 Parties, incl. EU, mainly OECD countries) → primarily responsible, commit themselves to limit GHG emissions Non-Annex 1 countries = mostly developing countries → only general commitment to mitigate climate change by addressing anthropogenic GHG emissions Basis of the climate change regime according to the UNFCCC is (was, see further) a differential treatment of developed and developing countries! Protection of the atmosphere International climate change law The UNFCCC does not contain any precise commitments → 1997: adoption of the Kyoto Protocol (COP 3) (entry into force on 16 February 2005) precise commitments for industrialized countries: specific country targets had to be met within a five-years time frame between 2008 and 2012 (first commitment period), and add up to a total cut in emissions of at least 5 % against the baseline of 1990 three market-based mechanisms for meeting the emission reduction targets: emissions trading, joint implementation and the clean development mechanism BUT: only a relative importance! Essential background: https://unfccc.int/kyoto_protocol 18 Protection of the atmosphere International climate change law Only relative importance of the Kyoto Protocol due to: the 1990 base year, modest commitments, commitments only for industrialized countries, non-ratification by the U.S. + many States were not able to fulfil their commitments + no international agreement for the period after the commitment period of the Kyoto Protocol (i.e. after 2012) GHGs emissions in the Czech Republic Source: ČHMÚ 19  Source: UNFCCC Note: At the time of the adoption of the Kyoto Protocol, the EIT countries (countries with economies in transition, i.e. the eastern-bloc countries, incl. Czech Rep.) had their commitments already fulfilled (with a large margin) due to changes their industry went through in the early 90s. 20 Protection of the atmosphere International climate change law Nov./Dec. 2012: COP 18 in Doha, Qatar → so-called “Doha Amendment” to the Kyoto Protocol → second commitment period 2013-2020 x only very few participating States (responsible for approx. 15 % GHGs emissions, mainly EU and its Member States) + weak legal form + objective to negotiate a new global agreement that would enter into force by 2020 Nov. 2013: COP 19 in Warsaw, Poland Dec. 2014: COP 20 in Lima, Peru → timid progress towards the new agreement Nov./Dec. 2015: COP 21 in Paris, France → new, universal climate change agreement adopted Protection of the atmosphere International climate change law Paris Agreement adopted in Paris 12 December 2015, opened for signature from 22 April 2016 till 21 April 2017, at least 55 Parties to the UNFCCC accounting in total for at least an estimated 55 per cent of the total global greenhouse gas emissions needed for its entry into force → expected in 2020 x achieved in October 2016 → PA entered into force in November 2016, 195 Parties in October 2024) implementation agreement to the UNFCCC general aim: to strengthen the global response to the threat of climate change by, inter alia, holding the increase in the global average temperature to well below 2°C above pre-industrial levels and by increasing the ability to adapt to the adverse impacts of climate change and foster climate resilience and low greenhouse gas emissions development Essential background: https://unfccc.int/process-and-meetings/the-paris-agreement/the-paris- agreement 21 Protection of the atmosphere International climate change law specific mitigation aim: to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of the 21st century, main instrument: nationally determined contributions (NDC) of each Party (should reflect its „highest possible ambition“, updated every five years) → bottom-up approach (States voluntarily set their own targets) as of October 2024 submitted by all 195 Parties, incl. EU https://www4.unfccc.int/sites/ndcstaging/Pages/Home.aspx BUT: current NDCs are not ambitious enough , much stronger commitments are needed in order to reach the objectives of the Agreement! Protection of the atmosphere International climate change law Zdroj: https://climateactiontracker.org/global/temperatures/ 22 Protection of the atmosphere International climate change law specific adaptation aim: enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change (x only general obligations), recognition of the special position and special needs of developing countries → developed country Parties commit themselves to provide financial resources to assist developing country Parties other issues: technology development and transfer, information exchange, capacity-building, education and public awareness, transparency framework „global stocktake“ (assessment of the collective progress towards achieving the purpose of this Agreement): done by the CoP, every 5 years, first in 2023 (found that the measures taken and planned so far are insufficient) Overall evaluation of the Paris Agreement: Promising text that applies a bottom-up approach whose practical significance will depend on the will of States to implement its provisions. Protection of the atmosphere EU climate change law The EU is at the forefront of international efforts to combat climate change (it is one of the EU environmental policy priorities, cf. art. 191 al. 1 TFEU) and played a key role in the development of UNFCCC and successive agreements (Kyoto, Doha, Paris). responsible for around 6-7 % of global GHGs emissions today gradually tightens its commitments (first commitments provided for in the Climate & Energy package from 2009: 20-20-20 for 2020) 2021: Regulation (EU) 2021/1119 stablishing the framework for achieving climate neutrality (European Climate Law) → binding objective of climate neutrality by 2050 + binding intermediate target of a domestic reduction of net greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030 14 July 2021: Fit for 55 → series of legislative proposals to reach the climate targets main market-based tool: EU ETS (trade in emission allowances) → carbon pricing For more information see https://www.consilium.europa.eu/en/policies/climate-change/ 23 Protection of the atmosphere Conclusion climate change as one of the biggest challenges humanity is facing in the 21st century role of international cooperation role of non-State actors role of human rights Discussion: links between climate change and human rights Thank you for your attention! 24