The Climate Change Convention And Developing Countries

The climate change problem can only be effectively dealt with if global anthropogenic greenhouse gas (GHG) emissions can be reduced substantially. Since the emission of such gases is closely related to the economic growth of countries, a critical problem to be addressed by the United Nations Framework Convention on Climate Change (FCCC) is: how will the permissible emission levels be shared between industrialised (ICs) and developing countries (DCs)? The thesis of this book is that the long-term effectiveness of the FCCC runs the risk of a horizontal negotiation deadlock between countries and the risk of vertical standstill within countries if there is little domestic support for the domestic implementation of measures being announced in international negotiations. The research question is: Can one observe trends towards horizontal deadlock and vertical standstill and if yes, how can the treaty design be improved so as to avoid such potential future bottlenecks? The research focuses on the perspectives of domestic actors on the climate convention and related issues in four developing countries: India, Indonesia, Kenya and Brazil. The following key findings emerge from the research: 1. Handicapped negotiating power: The common theme of the foreign policy of DCs is that ICs are responsible for the bulk of the GHG emissions and need to take appropriate domestic action.

Among global environmental issues, climate change has received the largest attention of national and global policy makers, researchers, industry, multilateral banks and NGOs. Climate change is one of the most important global environmental problems with unique characteristics. It is global, long-term (up to several centuries) and involves complex interactions between climatic, environmental, economic, political, institutional and technological pressures. It is of great significance to developing countries as all the available knowledge suggests that they, and particularly their poorer inhabitants, are highly vulnerable to climate impacts. The projected warming of 1. 4 to 5. 8° C by 2100 and the related changes in rainfall pattern, rise in sea-level and increased frequency of extreme events (such as drought, hurricanes and storms) are likely to threaten food security, increase fresh water scarcity, lead to decline in biodiversity, increase occurrence of vector-borne diseases, cause flooding of coastal settlements, etc. Recognizing the potential threat of severe disruptions, the United Nations Conference on Environment and Development was organized in 1992 in Rio de Janeiro, Brazil to begin to address ways to reduce these impacts, which led to the formulation of the UN Framework Convention on Climate Change. This Convention and the subsequent Kyoto Protocol recognize “the common but differentiated responsibility” of developing and industrialized countries in addressing climate change. Developing countries thus have a unique role to play in formulating a sound, reasoned, and well informed response to the threat of climate change.

The climate change problem can only be effectively dealt with if global anthropogenic greenhouse gas (GHG) emissions can be reduced substantially. Since the emission of such gases is closely related to the economic growth of countries, a critical problem to be addressed by the United Nations Framework Convention on Climate Change (FCCC) is: how will the permissible emission levels be shared between industrialised (ICs) and developing countries (DCs)? The thesis of this book is that the long-term effectiveness of the FCCC runs the risk of a horizontal negotiation deadlock between countries and the risk of vertical standstill within countries if there is little domestic support for the domestic implementation of measures being announced in international negotiations. The research question is: Can one observe trends towards horizontal deadlock and vertical standstill and if yes, how can the treaty design be improved so as to avoid such potential future bottlenecks? The research focuses on the perspectives of domestic actors on the climate convention and related issues in four developing countries: India, Indonesia, Kenya and Brazil. The following key findings emerge from the research: 1. Handicapped negotiating power: The common theme of the foreign policy of DCs is that ICs are responsible for the bulk of the GHG emissions and need to take appropriate domestic action.

Providing in-depth coverage of each article of the Paris Agreement, this Commentary offers a comprehensive, legal analysis of this most recent and important international instrument on climate change. This provision-by-provision textual analysis examines the commitments that parties to the Agreement have made to undertake ambitious efforts to combat climate change and adapt to its effects, whilst providing additional support to developing countries.

'The phenomenon of anthropogenic climate change has become of critical importance to all countries. However, while the majority of developing countries contribute the least to global greenhouse gas emissions, they will generally bear the major burden of the social, environmental and economic impacts of climate change imposed upon them by developed countries. This cutting-edge book contains outstanding contributions by scholars from around the world on the need to expand the range of legal and policy mechanisms and strategies required to bridge the gaps between the north and the south to achieve global climate justice.' - Ben Boer, University of Sydney and former Co-director of the IUCN Academy of Environmental Law This timely book examines the legal and policy challenges in international, regional and national settings, faced by developing countries in mitigating and adapting to climate change. With contributions from over twenty international scholars from developing and developed countries, the book tackles both long-standing concerns and current controversies. It considers the positions of developing countries in the negotiation of a new international legal regime to replace the Kyoto Protocol and canvasses various domestic issues, including implementation of CDM projects, governance of adaptation measures and regulation of the biofuels industry. Through a unique focus on the developing world, this book makes a significant contribution to understanding current challenges and future directions of climate law.

This Study explores arguments about the impact of climate change on human rights, examining the international legal frameworks governing human rights and climate change and identifying the relevant synergies and tensions between them. It considers arguments about (i) the human rights impacts of climate change at a macro level and how these impacts are spread disparately across countries; (ii) how climate change impacts human rights enjoyment within states and the equity and discrimination dimensions of those disparate impacts; and (iii) the role of international legal frameworks and mechanisms, including human rights instruments, particularly in the context of supporting developing countries’ adaptation efforts. The Study surveys the interface of human rights and climate change from the perspective of public international law. It builds upon the work that has been carried out on this interface by reviewing the legal issues it raises and complementing existing analyses by providing a comprehensive legal overview of the area and a focus on obligations upon States and other actors connected with climate change. The objective has therefore been to contribute to the global debate on climate change and human rights by offering a review of the legal dimensions of this interface as well as a survey of the sources of public international law potentially relevant to climate change and human rights in order to facilitate an understanding of what is meant, in legal terms, by “human rights impacts of climate change” and help identify ways in which international law can respond to this interaction.