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ANALYZE THE MANAGEMENT OF CARBON EMISSIONS AND INTERNATIONAL ENVIRONMENTAL LAW

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This article is written by Ratul Ghosal of Amity University Kolkata, an intern under Legal Vidhiya

ABSTRACT

Carbon emissions or in the broader context the greenhouse gas (GHG) emissions have been a major source of global warming and climate change. The causal relationship of frequent and abrupt floods, droughts and heat waves can be traced back to the carbon emissions. Though the sources of carbon emissions are centred around such economic activities that are within the national jurisdiction of states, but in the framework of international law, the states are obligated to take necessary steps and carry out initiatives that are in conformity with the objectives of the treaties to which they are signatories.

The present paper delves into the sources and detrimental effects of carbon emissions across the earth. The nature of such effects are not only restricted to flora or fauna but to the environment as a whole. The paper also attempts at discussing the principles of international environmental law so as to better under the nature and implications of such law in the geopolitical framework. It then discusses some of the important international treaties like Kyoto Protocol and Paris Agreement that have played significant role in addressing the issue of carbon emissions at the global level and succeeded to some extent to meet their objectives.

Keywords: Carbon Emissions, Environmental Law, Sovereignty, Polluter Pay, Kyoto Protocol, Paris Agreement

  1. INTRODUCTION

Carbon as an element has been a part of the earth’s environment for millions of years. The living components of the natural environment have a significant amount of carbon content which can be inferred by the fact that their age is calculated by means of the application of radiocarbon dating method.[1] But the very carbon when gets mixed with the air turns to carbon dioxide (CO2) and carbon monoxide (CO). Its presence in such form has been instrumental in regulating the temperature of the earth, in particular, at times of ice ages, which we call the green house effect. Though CO2 is primarily responsible for such effect, its presence in the atmosphere is very minimal (about 0.03%). It is an undeniable fact that even a slight rise in such proportion can cause havoc in the climatic systems across the globe which in turn would have a detrimental effect on the natural environment as a whole.

The anthropogenic activities across millennia certainly have changed the landscape of the earth from being natural to human made but that did not have a much larger impact on the climatic systems except after the inception of the Industrial Revolution of the eighteenth and nineteenth centuries. The growth of the industrial sector in the world, particularly in the Western Europe has been possible with the exploitation of the coal reserves across the earth. The wide use of coal in the smelting of iron and in other transforming processes has given way to the emission of carbon in the environment, particularly in the atmosphere. This carbon emission was not in conformity with natural carbon cycle of the environment which in turn added up the proportion of carbon content in the atmosphere that ultimately led to global warming.

The abrupt increasing rate of carbon emissions since the Industrial Revolution has caused severe damage to the environment as a whole which has caught the attention of the international players. Thus, the international organizations like the United Nations through their various programs have attempted at addressing the issue at hand and are trying possible and plausible ways to check the amount of carbon emissions so as to prevent any ecological disaster in the near future. In this regard, the international environmental law plays a significant role in guiding the institutions to adopt such measures that not only limit the carbon emissions but fulfil such objective by abiding the principles of international environmental law.

In a layman’s language, carbon emissions are a type of greenhouse gas emissions in which primarily carbon dioxide in excess gets added to the earth’s atmosphere by means of anthropogenic activities.

Such emissions may originate from various sources that may range from smokes from factories to fumes from vehicles. It has been observed that the highest amount of carbon emissions is from the untreated vehicles that run on fossil fuels, in particular petroleum.

Carbon emissions have detrimental effects on the plants and animals as well as on the environment as a whole. One of the primary effects of carbon emissions is change in weather and climate. The excessive amount of carbon dioxide present in the atmosphere has triggered the green house effect abruptly which in turn has led to the rise in the average atmospheric temperature across the earth. The abrupt change in the temperature is responsible for altering the weather and climatic systems. Natural phenomena like droughts, floods, cyclones, heat waves, etc., are taking place in an unprecedented manner and in regions which either do not experience such events or seldom face these. For instance, the frequency of occurrence of tropical cyclones in the Bay of Bengal has been on the rise in the past few years owing to climate change. These extreme weather situations are affecting the natural habitat of plants, animals and other living beings. Some plants are either adapting to the new change while some are disappearing from the face of the earth. Several animals are migrating in flocks to regions suitable to their living pattern which in turn is disturbing the distribution of living organisms across various ecosystems thereby causing an imbalance in these diverse ecosystems.

Though it may be argued that due to rise in the CO2 concentration in the atmosphere, there can be an increase in the water-use efficiency in crops, but in the long run there will be an imbalance in nitrogen and carbon content in the environment that will minimize the necessary nutrients of crops such as iron, zinc, and protein.

There is also a direct impact on the humans due to carbon emissions. Smog and other forms of air pollution cause respiratory problems in the human body. It should be noted that the ecological imbalance being caused owing to the continuous carbon emissions would have a detrimental effect on the humans in the long run.

In the international platform, laws are regulated by international statutes and conventions that are ratified by the signatories of such treaties. Based on the nature of international law, it may be broadly classified into public international law and private international law. While the former governs the actions of the sovereign states, the latter determines the activities of the individuals. The sovereign states act as parties in a treaty under public international law whereas individuals or companies enter into an agreement as parties under private international law.

Among the various domains of public international law, international environmental law is one such domain. Although its relevance in the legal international platform was not given importance a few decades back, the scenario has changed after the environmentalists have raised their voices towards the dangers of climate change in respect of flora and fauna of the natural environment. Rachel Carson’s work had been instrumental in drawing the attention of the policy makers as well as the common folk towards the detrimental effects of pesticides due to their indiscriminate usage. In a similar fashion, the youth-led global climate strike movement under the leadership of a teenager named Greta Thunberg paved a path for declaring climate emergency policy by certain European countries.

3.1 Principles of International Environmental Law[3]

Several international conventions have been signed and ratified by various sovereign states. But such treaties are adopted based on certain principles of international environmental law. They are as follows:

3.1.1 Sovereignty and Responsibility Principle

The term ‘sovereignty’ may be defined as the political independence of a state from any foreign power or non-intervention of any foreign state in the territorial matters of a politically independent state. This implies that a sovereign state is free to exploit its natural resources for the development of its economy. However, exploitation of resources should not be carried out in a manner that affect the environment of other sovereign states.

The concept of sovereignty is not absolute. Hence, the principle of responsibility is given more emphasis than that of sovereignty when exploitation of natural resources by a sovereign state affect the natural resources as well as the environment of other sovereign states. It should be noted that even if the resources are within the national jurisdiction of a sovereign state, it shall be held responsible in case exploitation of such resources cause pollution like carbon emissions.

3.1.2 Precautionary Principle

It is often observed that that authorities across the world don’t bother about taking any measure in respect of protection of environment unless there is evidence of its degradation.

In this context, the precautionary principle is taken into consideration where necessary steps should be taken in case there is any potential threat to the environment. This has been imbibed in the Rio Declaration of 1992.

3.1.3 Prevention Principle

There is a saying that prevention is better than cure. This principle emphasizes on the fact that if necessary steps are taken then environmental degradation can be prevented. It is cost-effective as compared to compensating for the environmental loss. Several laws regarding treatment and disposal of waste are based on this principle.

3.1.4 ‘Polluter Pays’ Principle

One of the most important principles of environmental law is the ‘polluter pays’ principle. In simple words, one who is responsible for causing pollution is liable to pay compensation for the same. Whether it is a state or an independent entity, if its actions have caused degradation of the environment to such extent that it cannot be restored by taking subsequent preventive measures, the polluter shall be liable to pay for such environmental loss.

3.1.5 Sustainable Development Principle

Sustainable development may be defined as development that aims at not only meeting the needs of the present generation but also keeping something for the future generations to meet their demands. This principle was the essence of Agenda 21 held under the Rio Declaration of 1992. The sovereign states as well as the international organizations are working towards achieving the Sustainable Development Goals (SDGs) that have been introduced at the United Nations Conference on Sustainable Development in 2012 in Rio de Janeiro.

3.2 Treaties pertaining to Carbon Emissions[4]

3.2.1 IPCC (Intergovernmental Panel On Climate Change)[5]

The IPCC is an intergovernmental body that has been established by the World Meteorological Organization (WMO) and the United Nations Environment Program (UNEP). A bureau of scientists are elected by the member states of IPCC to serve through an assessment cycle that has a period of six to seven years. The primary objective of IPCC is to advance scientific knowledge about climate change caused by anthropogenic activities. It has the responsibility of informing the government of its member states about the current climate status and its changing nature, and also of suggesting measures to address the same through its reports.

The reports of IPCC has been instrumental in the annual climate negotiations held by the United Nations Framework Convention on Climate Change (UNFCCC). In fact, the landmark Paris Agreement of 2015 has been influenced by the Fifth Assessment Report of IPCC. One of the key findings of the Special Report on Global Warming of 1.5°C (SR15) published by IPCC in 2018 was that it is possible to achieve the target of limiting global warming to 1.5°C but that would require deep emissions reductions.

3.2.2 ICAP (International Carbon Action Partnership)[6]

ICAP is an international cooperative forum, founded in 2007, that comprises more than fifteen government representatives, bringing together states and sub-national jurisdictions, and aims at implementing emissions trading systems (ETS). Emissions trading systems (ETS), also known as cap and trade (CAT), is a market-based approach that aims at controlling pollution by providing economic incentives in order to reduce the emissions of pollutants.

With a view to creating a well-functioning global carbon market, member jurisdictions share best practices and discuss ETS design elements. The ICAP has been actively engaged in capacity building for emerging and developing countries in respect of designing and implementing carbon cap and trade systems by organizing training courses for participants  from such countries. Emphasis is given on the ETS as linking carbon cap and trade systems would lead to economic, social and environmental benefits.

3.2.3 UNFCCC (United Nations Framework Convention on Climate Change)[7]

In layman’s terms, UNFCCC may be defined as  an international environmental convention signed at the United Nations Conference on Environment and Development (UNCED), also known as the Earth Summit, that was held in Rio de Janeiro in 1992. It aims at combatting dangerous human interference with the climate system, primarily by checking greenhouse gas concentrations in the atmosphere.

Several international treaties have been introduced under UNFCCC that attempt to address the anthropogenic factors that are responsible for climate change, some of which are Kyoto Protocol, Montreal Protocol, Paris Agreement and so on and so forth.

3.2.4 Kyoto Protocol[8]

The Kyoto Protocol has been instrumental in operationalizing the UNFCCC by achieving targets of reducing GHG (Green House Gases) emissions agreed and committed by the industrialized countries and economies in transition. It creates heavier burden on the developed countries under the principle of “common but differentiated responsibility and respective capabilities” as these countries are primarily responsible for the major share of GHG emissions.

The agreed targets have been raised from the initial average of 5 percent below the 1990 levels to the ambitious 18 percent under the Doha Amendment of 2012 for the second commitment period (2013-2020).

3.2.5 Paris Agreement[9]

The Paris Agreement is one of the most significant international treaties addressing climate change that has been signed and ratified by 196 states at the UN Climate Change Conference (COP21) held in Paris, France, on 12 December 2015. It is similar in objective with the Kyoto Protocol but different in approach. It aims at checking the rising global average temperatures well below 2°C above the pre-industrial levels and attempts to limit the temperatures below 1.5°C above the pre-industrial levels.

The agreement does not put the onus of restricting GHG emissions just on the developed nations who are presumed to be the leading emitters of GHG under the Kyoto Protocol. Rather it emphasizes the role of each member state to achieve their national climate action plans, also known as Nationally Determined Contributions (NDCs).

NDCs are national climate action plans set by each member state every five year with a target of minimising GHG emissions. The countries under NDCs communicate actions they will take that are in tandem with the objectives of the Paris Agreement. Each five year cycle reflects a higher degree of goal than the previous one. These actions are aided under a framework provided by the Paris Agreement in terms of financial, technical and capacity building support to such countries who need it.

The agreement has been instrumental in attaining low-carbon solutions and new markets. Carbon neutrality targets are being welcome by various regions across the world and zero-carbon solutions are being devised in various sectors so as to be in conformity with the essence of the Paris Agreement.

CONCLUSION

The carbon emissions caused by the anthropogenic activities have a detrimental effect on the earth’s climate. The rising temperature of the earth’s atmosphere owing to global warming and abrupt occurrence of natural calamities like floods and droughts have their origin centred around carbon emissions. To address this burning issue the international organizations like the United Nations (UN) have come up with several treaties like the Kyoto Protocol and the Paris Agreement under the garb of international environmental law under which the signatories are held responsible for violating the provisions of such treaties. The existence of international environmental law is essential for the very sake of preserving the earth in its natural form as well as for the survival of humankind.

REFERENCES

  1. Shreetama Bhattacharya, Carbon Dating, ResearchGate 1 (2021), available at https://www.researchgate.net/publication/354813838_Carbon_Dating, last seen on 05/05/23
  2. How Do Carbon Emissions Affect the Environment?, GREENMATTERS, available at https://www.greenmatters.com/p/how-do-carbon-emissions-affect-environment,  last seen on 06/05/23
  3. Principles Of International Environmental Law And Effects Of Electric Vehicle, Mondaq, available at https://www.mondaq.com/turkey/clean-air-pollution/971384/principles-of-international-environmental-law-and-effects-of-electric-vehicle#:~:text=These%20principles%20are%20(i)%20sovereignty,(iv)%20sustainable%20development%20principle,  last seen on 07/05/23
  4. International Climate Change Initiatives, Connecticut Department of Energy & Environmental Protection, available at https://portal.ct.gov/DEEP/Climate-Change/International-Climate-Change-Initiatives,  last seen on 07/05/23
  5.   The Intergovernmental Panel on Climate Change, IPCC, available at https://www.ipcc.ch/,  last seen on 08/5/23
  6.   International Carbon Action Partnership, ICAP, available at https://icapcarbonaction.com/en,  last seen on 08/05/23
  7. United Nations Framework Convention on Climate Change, UNFCCC, available at https://unfccc.int/, last seen on 09/05/23
  8.   What is the Kyoto Protocol?, United Nations Climate Change, available at https://unfccc.int/kyoto_protocol,  last seen on 09/05/23
  9. The Paris Agreement, United Nations Climate Change, available at https://unfccc.int/process-and-meetings/the-paris-agreement, last seen on 10/05/23

[1] Shreetama Bhattacharya, Carbon Dating, ResearchGate 1 (2021), available at https://www.researchgate.net/publication/354813838_Carbon_Dating, last seen on 05/05/23

[2] How Do Carbon Emissions Affect the Environment?, GREENMATTERS, available at https://www.greenmatters.com/p/how-do-carbon-emissions-affect-environment,  last seen on 06/05/23

[3] Principles Of International Environmental Law And Effects Of Electric Vehicle, Mondaq, available at https://www.mondaq.com/turkey/clean-air-pollution/971384/principles-of-international-environmental-law-and-effects-of-electric-vehicle#:~:text=These%20principles%20are%20(i)%20sovereignty,(iv)%20sustainable%20development%20principle,  last seen on 07/05/23

[4] International Climate Change Initiatives, Connecticut Department of Energy & Environmental Protection, available at https://portal.ct.gov/DEEP/Climate-Change/International-Climate-Change-Initiatives,  last seen on 07/05/23

[5] The Intergovernmental Panel on Climate Change, IPCC, available at https://www.ipcc.ch/,  last seen on 08/5/23

[6] International Carbon Action Partnership, ICAP, available at https://icapcarbonaction.com/en,  last seen on 08/05/23

[7] United Nations Framework Convention on Climate Change, UNFCCC, available at https://unfccc.int/, last seen on 09/05/23

[8] What is the Kyoto Protocol?, United Nations Climate Change, available at https://unfccc.int/kyoto_protocol,  last seen on 09/05/23

[9] The Paris Agreement, United Nations Climate Change, available at https://unfccc.int/process-and-meetings/the-paris-agreement, last seen on 10/05/23

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