CLIMATE CHANGE AND INTERNATIONAL LAW: GLOBAL ACCOUNTABILITY AND LEGAL REDRESS

Author: Akashdeep Kaur, Rajiv Gandhi National University of Law, Patiala, Punjab.

International Law is the branch of law that governs interactions between two or more states, or between the other subjects of International Law. It is derived from various sources- treaties and agreements, customary law, international courts judgements. The study revolves around the need of international law to tackle the climate change issues worldwide. Why are conferences and summits related to persisting environment and climate related issues held and what does it signify? The study states that it becomes important to deliberate upon the problems or certain conditions that affect the peace, security, health or any aspect at international level. Therefore, the nations come together to devise a probable solution to the common problem, they pool the resources and make use of the best of their technologies and thus act as a shield to protect the world from the menace. The study also talks about why climate change is recognized as a global issue and what so far has been done to tackle this on the international level. The emphasis has also been laid on how the countries implement the international law in their respective countries and how the commitments are achieved. This research specifically deals with the steps taken by India in response to the global agenda of dealing with environmental issues and climate change. At last, the research discussed how far the progress has been made and what role did international law play in that?

“International law and climate change”, “COP29”, “Climate change mitigation”, “International Environment Law”, “UNFCCC”, “Role of International law in mitigating climate change”, “Paris agreement”, “Kyoto Protocol”, “IPCC”

The article uses non-empirical research to study climate change and the role played by international law in it. Various journal articles, books, newspaper editorials, textbooks, government websites and forums have been referred to in writing this research article. All the authors and publishers whose publications are referred were given due recognition.

The 29th United Nations Climate Change Conference (COP29) was held in Baku, Azerbaijan from 11th to 22nd November,2024. The Conference concluded with setting up a New Collective Quantified Goal (NCQG) of tripling the finances from USD 100 billion annually to USD 300 billion annually till 2035. This amount is to be provided by the developed nations to help the developing nations meet their climate action goals and work towards building a cleaner and greener world. 

In the words of Simon Stiell, UN Climate Change Executive Secretary, this new financial goal is “an insurance policy for humanity”. The event successfully brought together more than 200 countries, who deliberated and negotiated upon the contemporary issue of global warming and climate change. The new finance commitment is a positive step in the right direction. However, people condemned the event as well. It was argued that the choice of the place of venue i.e Baku is heavily reliant on oil, it itself poses contradictions to the agenda of climate change. Also, the new finance goals are claimed to be inadequate, arguing that they won’t even meet the requirements of growing economies like India.

Conferences like this are held from time to time, to make sure the commitment towards a cleaner and greener environment can be strengthened and countries can come up with new solutions to tackle the ever-evolving challenges. But the question that arises is -What does International Law have to do with climate change and why are such meetups held in the international realm?

Article 7 of UN Charter 1945, gives the UN the power to create new organs to tackle the global issues of climate change, terrorism, cybersecurity or any public health crisis. This thus provided the flexibility to meet the ever-evolving needs of the world.

Policymakers from various countries are considering measures to reduce greenhouse gas emissions, particularly carbon dioxide (CO2) emissions associated with the generation of energy from fossil fuels, in response to concerns about global climate change caused by the greenhouse effect. Even if there is continued debate over the benefits of lowering carbon dioxide and other greenhouse gas emissions, it is critical to consider potential policy measures that can help accomplish future goals.  

Increased heat waves, droughts, and floods are already killing off trees and corals in large numbers, exceeding plant and animal tolerance thresholds. Because these weather extremes occur simultaneously, they have cascading effects that are becoming increasingly difficult to regulate. Millions of people have been put at risk of severe food and water shortages, particularly in Africa, Asia, Central and South America, small islands, and the Arctic. To avoid further loss of life, wildlife, and infrastructure, ambitious, expedited action is required to adapt to climate change while also implementing rapid, considerable reductions in greenhouse gas emissions. According to the most recent studies, adoption success has been patchy thus far, with gaps widening.

Climate change is therefore a global issue because the global distribution of damages is unaffected by the location of greenhouse gas emissions, free-riding difficulties prevent unilateral or multilateral "solutions." Furthermore, measures to reduce greenhouse gas emissions will not benefit all countries equally. Certain nations, such as Canada and Russia, stand to benefit from global climate change (due to the impacts of rising temperatures and precipitation on agricultural productivity), hence control may not be beneficial. As a result, the costs of regulation may outweigh the advantages for some nations. This means that a system for allocating benefits to states that would not otherwise benefit from engaging into an agreement is required for a voluntary international agreement to be successful.

The UN Framework Convention on Climate Change (UNFCCC) was signed in 1992 during the United Nations Conference on Environment and Development, popularly known as the Rio Conference, the Earth Summit, or the Rido Summit. India, one of only a few countries, held the Conference of the Parties (COP) to the three Rio treaties on land (United Nations Convention to Combat Desertification), biodiversity (CBD), and climate change.  The UNFCCC was ratified by 197 countries and went into effect in 1994. This is the pact that served as the foundation for the Paris Agreement of 2015. It also serves as the parent treaty for the 1997 Kyoto Protocol.  The UNFCCC secretariat is the United Nations institution in charge of aiding with the global response to the threat posed by climate change. It is located in Germany's Bonn. Its purpose is to stabilize atmospheric concentrations of greenhouse gases at a level that will prevent negative impacts in a timely manner, allowing ecosystems to adjust naturally and facilitating sustainable development.

 The Kyoto Protocol, a worldwide agreement affiliated with the UNFCCC, binds its parties by establishing legally binding carbon reduction targets. The Kyoto Protocol was adopted in Kyoto, Japan, in 1997 and went into effect in 2005.  It noted that almost 150 years of industrial activity in developed countries are primarily responsible for the high levels of GHG emissions in the atmosphere today.  The Marrakesh Accords are the detailed rules for implementing the Protocol, which were approved at COP-7 in Marrakesh in 2001.  Phase 1 of the Kyoto Protocol (2005-12) aimed to reduce emissions by 5%.  Phase 2 (2013-20) established a goal for developed countries to reduce emissions by at least 18%. 

In order to combat climate change and its negative consequences, the historic Paris Agreement—also known as the Conference of Parties 21 or COP 21—was adopted in 2015. The Paris Agreement was ratified by the European Union and 194 states in December 2015. This is the first major international pact for combating climate change.  It replaced the preceding Kyoto Protocol, which addressed climate change. While exploring measures to reduce the rise to 1.5°C by 2100, it also aims to limit the increase in global temperature this century to far below 2°C over pre-industrial levels by lowering global GHG emissions. Addressing the monetary losses that poor countries suffer as a result of climate impacts such as extreme weather is one of its components. Raise donations to support the transition to sustainable energy and climate change adaptation in developing countries. This term of the agreement is no longer legally binding for developed countries. They also established a target for global emissions to peak as soon as practicable. Furthermore, affluent nations have pledged to increase financing for developing countries to address climate change.

The UNFCCC Bali Climate Change Conference (COP13) has received a lot of attention as a result of the recent publication of the IPCC's Fourth Assessment Reports and the fact that 2007 was the year immediately preceding the start of the first commitment period under the Kyoto Protocol, which runs from 2008 to 2012.  The Bali conference resulted in the establishment of a process to determine industrialized nations' GHG reduction commitments (Annex I) under the Kyoto Protocol beyond 2012, as well as the beginning of an extensive discussion on long-term cooperative action to address the four main pillars of climate change—GHG mitigation, adaptation to its effects, technology development and cooperation, and finance. 

The Polish government, in partnership with the UNFCCC Secretariat, hosted the 14th Conference of Parties (CoP 14) to the UNFCCC and the 4th Meeting of Parties (CoP/MoP) to the Kyoto Protocol in Poznan, Poland, between December 1-12, 2008. It is not uncommon to utilize legal action to enforce normative responsibilities, especially when it comes to environmental preservation. At the domestic level, there have been some previous successful cases based on constitutional rights, such as Ashgar Leghari v. Federation of Pakistan, or environmental administrative law, such as Massachusetts v. Environmental Protection Agency in the United States, Gray v. the Minister for Planning In Australia, As a result of those verdicts, governments have had to rethink their environmental policies. Litigation to defend normative obligations is no longer limited to domestic legal matters. International law is now the major conduit for resolving such issues.

Christina Voigt advocates for a worldwide transition to address climate change, with international lawyers leading the way. She adds that "international law is an important tool in this transformation."

According to Article 48A of the Indian ConstitutionThe state must make every effort to maintain and improve the environment, as well as to protect the country's forests and wildlife. Similarly, Article 51A (g) states that all Indian people must "have compassion for living creatures and protect and improve the natural environment, including forests, lakes, rivers, and wildlife." 

The United Nations Framework Convention on Climate Change includes India as a Party. The National Clean Development Mechanism Authority was established in India on December 2, 2003. India has not accepted any agreements to reduce greenhouse gas emissions. The entire amount of greenhouse gas emissions in India and other developing countries would inevitably rise in order to meet the needs of rising living standards and offer individuals without access to commercial energy. 

India is a member of the Asia Pacific Partnership on Clean Development and Climate, which also includes Australia, China, Japan, South Korea, and the United States. It is consistent with the UNFCCC's principles and focuses on the development, dissemination, and transfer of cleaner, more effective technologies. It supports UNFCCC activities rather than replacing the Kyoto Protocol. 

In addition to implementing the National Environment Policy 2006, India has undertaken a number of other policies and initiatives. 

The Ministry of Environment and Forests established the Ozone Cell as a national entity to monitor and deliver services in compliance with India's commitment to implementing the Montreal Protocol and its Ozone Depleting Substances (ODS) phase-out program. The Ministry provides duty exemptions for new investments in non-ODS technologies, as well as customs and excise duty exemptions for ODS phase-out initiatives. 

India has a well-designed Environmental Impact Assessment (EIA) program that incorporates environmental concerns into better decision-making and development practices. The appraisal of the River Valley Projects marked the start of the EIA program. Later, the appraisal's scope was broadened to encompass more industries such as thermal power, hydroelectricity, nuclear mining, infrastructure, construction projects, and others. Implementing CNG in urban areas for private and public transportation, improving fuel quality, promoting public transit, and building metros in places such as Bangalore and Delhi- these are some other energy sector initiatives taken by the Government of India.

The Mauritius government developed battery energy storage capacity using UNDP and Green Climate Fund funding, connecting 50 MW of intermittent renewable energy to the grid and saving 81,000 tons of carbon dioxide emissions per year. 

For almost ten years, the UNDP and the Indonesian government have worked together to promote sustainable palm oil production. In 2019, the nation ratified a National Action Plan on Sustainable Palm Oil, which was developed collaboratively by government, business, and civil society groups. The plan accelerated the implementation of measures to protect forests and mitigate the negative social and environmental consequences of palm oil extraction. Direct greenhouse gas emissions have decreased by 37 million tons since 2015.

The UNDP has helped construct Green City Labs in Paraguay and Moldova to help develop more sustainable metropolitan settings. This is accomplished by using resource-efficient waste management, introducing low-carbon public transportation, implementing urban land use and mobility planning, prioritizing energy efficiency in residential structures, transitioning to renewable energy sources, and other measures. 

Furthermore, the UNDP is aiding small island developing countries, such as the Comoros, with investments in sustainable infrastructure and renewable energy. The Africa Mini Grids Program will establish solar mini grids in Grand Comore and Moheli, two priority communities, providing electricity access to the most remote areas through distributed renewable energy solutions.

The 2022 Report of Intergovernmental Panel on Climate Change (IPCC) states that despite the continued efforts to reduce the risk, human-induced climate change is affecting billions of lives and causing widespread disruption to nature. In the words of Hoesung Lee, Chairperson of IPCC, “This report is a dire warning about the consequences of inaction”.  Also, “It shows that climate change is a grave and mounting threat to our wellbeing and a healthy planet. Our actions today will shape how people adapt and nature responds to increasing climate risks.”

Mitigation responsibilities, as they emerge in the climate regime, will most likely be nationally set and self-selected (maybe from a menu of options). This results in a reduced role for international law, an increase in sovereign power, and greater deference to national circumstances, discretion, policies, and goals. One could argue that these changes have an impact on progress in other areas of international environmental law. 

Overall, international environmental law is critical to addressing climate change because it impacts legislation, resolves legal challenges, and promotes the use of natural remedies. Despite providing an important framework, international environmental legislation is often difficult to apply. Attempts to comply with and implement international environmental norms may be impeded by factors such as a lack of financing, insufficient institutional capabilities, and political challenges in some countries. Furthermore, the unequal distribution of tariffs between wealthy and poor countries makes it difficult to negotiate an international accord. 

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