Climate Change: In search of an implication and Failure of UNFCC and Kyoto Protocol

Md. Sharear Sarker: 

Introduction

Climate variability refers to variations in the prevailing state of the climate on all temporal and spatial scales beyond that of individual weather events. Climate change is generally marked to be a long-term budge in the climate of specific area. The budge is measured by changes in the characteristics coupled with average weather, such as temperature, wind patterns and precipitation rainfall. Since the industrial revolution in the 18^th century the concentration of carbon dioxide in the atmosphere has risen significantly.  After that in 1988 The IPCC (Inter-governmental penal on Climate Change established by the world Meteorological Organization and the United Nations Environment Program, in particular to assess in a comprehensive, objective and transparent manner all the relevant scientific, Technical socio-economic aspects relating to climate change[1] .

Effect of climate change on the Planet–

Human emissions of carbon dioxide (CO2) currently amount to roughly 28 billion tonnes per year, Over the next century human emissions will increase the concentration of carbon dioxide in the atmosphere from about 0.03% today to almost certainly 0.06% and possibility to 0.09%.

Research conducted by Prof. Stefan Rahmstorf, a Professor of Physics of the Oceans, Potsdam University shows the following fact about the climate change[2]:

1. The atmospheric CO2 concentration has risen strongly since about 1850, from 280 ppm to over 380 ppm.
2. This rise is entirely caused by humans and is primarily due to the burning of fossil fuels, with a smaller contribution due to deforestation.
3. CO2 is a gas that affects climate by changing the earth’s radiation budget: an increase in its concentration leads to a rise in near-surface temperature. This has been known since the 19″ Century and is well-established physics. If the concentration doubles, the resulting global mean warming will very likely be between 2 and 4°C, with the remaining uncertainty due to climatic feedback effects.
4. Since 1900, global climate warmed by -0.8°C. Temperatures in the past ten years have been the highest since measured records Started in the 19th century and for many centuries before that.
5. Most of this warming is due to the rising concentration of CO2 and other anthropogenic gases. These would in fact explain more warming than is observed, were they not offset in part by the cooling effect of aerosol pollution.

Steps against the climate change

First land marks decision for the development is the Trial Smelter case[3] – this case between United States vs. Canada on this case The United States (P) sought damages from Canada by suing them to court and also prayed for an injunction for air pollution in the state of Washington, by the Trail Smelter, a Canadian corporation which is domiciled in Canada (D). Before this case there had no established case laws in the international arena on the grounds of environment.

After that International instrument such as the 1992 Framework Convention on Climate Change and the 1997 Kyoto Protocol seek to limit anthropogenic emission of greenhouse gases to prevent dangerous levels of global warming. These are the series of recent agreements through which countries around the world are banding together to meet this challenge.

Impact of climate change conventions

A long negotiation process in 1992 united nations frame work convention on climate change was adopted and signed by over 150 countries at the Rio Earth Summit in 1992.

This treaty itself set no mandatory limits on greenhouse gas emissions for individual countries and contains no enforcement mechanism. According to Philippe sands[4], the world frame work the title is something of a misnomer, since the 1992 Convention established. such as –

1. Commitments to stabilize greenhouse gas concentrations in the atmosphere at a safe level, over the long term and to limit emissions of greenhouse gases by the developed countries in accordance with soft targets and timetable.
2. A financial mechanism and a commitment by certain developed country parties to provide financial resources for meeting incremental costs and adaptation measures,
3. Two subsidiary bodies to the conference of the parties
4. A number of important guiding principle
5. Potentially innovative implementation and dispute settlement mechanism.

From the analysis of impact, we can say that the framework convention is not successful in reducing greenhouse gases and the world is ever in danger. also, it is to be noted that the Convention recognized that the problems are exist and it confirmed that the human beings are the prime actor of climate change.

The convention ventures to take a balance between the control of human actions and the process of development. it was a hard task for the maker of the convention to perused the state parties, because the convention deals with an issue which had an overwhelming impact in the daily lifestyle of human being and the living standard of a particular state. The convention outlines set a general commitment applicable to all parties, while specific commitments apply only to developed country & industrialized countries listed in annexes I and II.

• This convention establishes the conference of parties (COP) which is the supreme body of the Convention. The functions of the COP are –

1. it is authorized to examine national reports, party’s obligations and institutional arrangements under the Convention.
2. It can review the adequacy of the commitments in article 4 paragraph 2
3. It can facilitate, upon request, the coordination of national measures
4. It makes recommendations on any matters necessary to materializes the goal of the convention. Observes are admitted to the annual meeting of the conference under Article 7

The UNFCCC was born in 1992 with three fatal flaws: a static annex system, interlinked decision-making and no formal rules of procedure. For the resolve these problems an additional instrument to the UNFCC to materialize the framework provided in the Convention which seeks to obligate the parties to some specific obligation this one is Kyoto Protocol.

Greenhouse Gas Emission Reduction Target Under Kyoto Protocol

Participating nations have decided to meet certain greenhouse gas emissions target as well as submit to external review and enforcement of these commitments by United Nations-based bodies. The major achievement of the Kyoto protocol was the commitment of annex I parties to quantified emissions reduction target and a timetable for their achievement[5].

This treaty is aimed to reduce emission of these gases at least 5%below 1990 levels in the commitment period 2008 to 2012, Each Party included on Annex I shall, by 2005 have made demonstrable progress in achieving its commitments under this Protocol[6].

A list of some countries according to the obligation is given below[7]–

This is the first occasion on which the developed countries recognize differentiated emission targets among themselves under a global environment treaty. A list of total and per capital carbon dioxide emission of different countries has been given below to show a clear view about their contribution in climate change[8]–

Total carbon emission of a country doesn’t reflect the full story of a country’s actual contribution to global warning. Also all countries of the world take the responsibility to meet reduction target in accordance to their total contribution to carbon emission will not ensure justice, rather per capita emissions are the fairest basis for imposing responsibility in this regard.

• There had a case reference under Kyoto Protocol –  Trump v. Minister of Justice and Attorney General of Canada[9] . This case in on the basis of Challenge Canadian Government’s withdrawal from Kyoto Protocol

Flexibility Mechanism of Kyoto

The protocol hands most of the responsivity reducing emission to the developed country, but reductions anywhere in the world will ultimately have the same effect on the atmosphere and threats of global warming. Moreover, some developed countries might find an easier and more cost effective to support emissions reductions in other developing countries rather than home. Therefore, the Kyoto Protocol includes three mechanisms to introduce flexibility to the developed countries approach and allowing them to make the most cost-effective emissions reductions without softening their commitment to the protocol’s overall goals.

Emissions Trading

Emissions trading is a market-based method to pollution management that provides financial incentives for polluters to reduce their emissions. Cap and trade (CAT) or an emissions trading plan are other names for the idea (ETS). Carbon emission trading for CO2 and other greenhouse gases has been used as a significant instrument for climate change mitigation in China, the European Union, and other nations. Sulfur dioxide and other pollutants are included in various plans. Parties to the Kyoto Protocol who have made commitments (Annex B Parties) have agreed to set emission reduction objectives. Over the commitment period of 2008-2012, these objectives are represented as levels of permitted emissions, or allocated amounts. The permissible emissions are split into amount units (AAUs)[10].

Emissions trading, as defined in Article 17 of the Kyoto Protocol, permits nations with excess emission units – emissions that are authorized but not used – to sell them to countries that are exceeding their objectives.

This is Particularly problematic because not every decrease in emissions is the result of effective climate protection policy. Like, Russia and Ukraine have long since exceeded their emission reduction targets, they are emitting 30-40% less C02 than in 1990. By this thing Developed countries will therefore tend to purchase emissions units instead of reduction their emissions domestically[11].

Joint implementation

The mechanism known as “joint implementation,” defined in Article 6 of the Kyoto Protocol, allows a country with a Kyoto Protocol emission reduction or limitation commitment (Annex B Party) to earn emission reduction units (ERUs) from an emission-reduction or emission-removal project in another Annex B Party, each ERU equating to one ton of CO2, which can be counted towards meeting its quota[12].

Joint implementation allows Parties to meet a portion of their Kyoto commitments in a flexible and cost-effective manner, while the host Party reaps the advantages of foreign investment and technology transfer.

JI project 2012 Russia accounts for about two-thirds of these projected savings, with the remainder divided up roughly equally between Ukraine and the EU’s New member states. Emission savings include cuts in methane, HFC .and N2O emission[13].

The Clean Development Mechanism

A nation having an emission-reduction or emission-limitation commitment under the Kyoto Protocol (Annex B Party) can implement an emission-reduction project in developing countries under the Clean Development Mechanism (CDM), which is outlined in Article 12 of the Protocol. These projects can yield saleable certified emission reduction (CER) credits, which are worth one ton of CO2 and can be used to satisfy Kyoto objectives.

Many people consider the mechanism to be a pioneer. It’s the world’s first worldwide environmental investment and credit system, with CERs as the standardized emission offset mechanism. A CDM project activity might include, for example, a solar-panel-powered rural electrification project or the construction of more energy-efficient boilers. The method promotes sustainable development and carbon reductions while allowing industrialized nations considerable flexibility in meeting their emission reduction or restriction goals.[14]

Since, October 2005,538 projects have been initiated, with a total expected Certified Emissions Reduction of 197 million tons of CO2 equivalent over the project lives. OF this total, China accounts for 49% in 171 projects and India 15% in 321 projects. 54 percent of projects are in the energy sector and 21 percent in waste management.

Analysis-

Claims are change regularly because the pollutions are increasing. To change this situation UNFCC and Kyoto protocol took many projects. This are the first steps largely after realizing the impacts of climate change but main challenges of this that developed country did not cooperate with this anti-environment pollution projects. When they cooperate with this project this project, they face financial losses but they never accept it.  After failure of many projects when Kyoto protocol is come the developed states are agree with that protocol projects because there had a flexibility measure. Under the flexibility measure they just pay on other countries for the reduction of environment pollution but on their home country they did not took the policies for the reduction of environment pollutions.

Conclusion – From the above discussions we can clearly said that our environment is not safe for us, it polluted day by day. When some action is taken to prevent it the most developed country’s either left from the movement or did not enter into this movement because they did not want any economical lose. In last on the Kyoto protocol most of the state are agreed because there had a flexible measure by which any party can enter into the movement for other state emission reduction, logic behind this that environment is same for all of us. This is a abustle fake procedure we must need to stop the main sources of environment pollution but developed states are disagree with it. So, the above statement is true after realizing the risk no one want to pay for get out this effect.

[1] 2021 United Nations Framework Convention on Climate Change info [online]available at <https://unfccc.int/topics/science/workstreams/cooperation-with-the-ipcc/background-cooperation-with-the-ipcc > accessed 21October 2021.

[2] Climate Change-state of the Science, by Prof. Stefan Rahmstorf < http://www.pik-potsdam.de/~stefan/warmingfacts.pdf > accessed 21October 2021.

[3] Trail smelter case (United States, Canada), 3 UNRIAA, p. 1905, 1952

[4] Philippe Sands and JAcqueline Peel, with Adriana Fabra and Ruth Mackenzie,Book on Principle of International Environmental Law (3^rd Edition, Page-359)

[5] Philippe Sands and JAcqueline Peel, with Adriana Fabra and Ruth Mackenzie, Principle of International Environmental Law (3^rd Edition, Page-371)

[6] The Kyoto Protocol, Article 3(2).

[7] The Kyoto Protocol, Annex B.

[8] Report of Carbon dioxide emissions from the consumption and flaring of fossil fuels in 2006 [online]available at <https://www.eia.gov/environment/emissions/ghg_report/ghg_carbon.php > accessed 21October 2021

[9] Trump v. Minister of Justice and Attorney General of Canada Ottawa, Ontario, July 17, 2012

[10] 2021 United Nations Framework Convention on Climate Change info on Emissions Trading [online]available at < https://unfccc.int/process/the-kyoto-protocol/mechanisms/emissions-trading > accessed 21October 2021

[11] Report on emission trading info  [online]available at <https://www.bmu.de/engish/climate/intenational_climate_policy/kyoto_protocol/doc/41848.php > accessed 21October 2021

[12] 2021 United Nations Framework Convention on Joint implementation [online]available at < https://unfccc.int/process/the-kyoto-protocol/mechanisms/joint-implementation > accessed 21October 2021

[13] Md. Jahid Hossain Dolon, Barrister-at-Law, Book on International Environmental law with Bangladesh Perspective ( 3^rd edition , May 2014 page-98)

[14] 2021 United Nations Framework Convention on The Clean Development Mechanism [online]available at < https://unfccc.int/process-and-meetings/the-kyoto-protocol/mechanisms-under-the-kyoto-protocol/the-clean-development-mechanism > accessed 21October 2021

The writer is a student of department of law and Human Rights, University of Asia Pacific