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Diagnosis: Defining a Problem International Law Can Solve. 

Definitions (Lizbeth Buriel)
Origins (Catherine Hwang)
Scope and Incidence (Catherine Hwang)
Diagnosis: Human and Environmental Impacts (Lizbeth Buriel)
Legal Initiatives (Almira Sugatan)
Footnotes (Almira Sugatan)

Definitions [TOP]

Climate change emerged as a concern to the international community in the mid-1980s. Increasing scientific evidence of human interference with the change in the climate system, along with increased public concern over global environmental issues led the World Meteorological Organization (WMO) and the UN Environment Programme (UNEP) to establish the Intergovernmental Panel on Climate Change in 1988. In response to the assessment reports that confirmed that climate change was a threat, the UN General Assembly launched negotiations in December of 1990 for a framework convention on climate change. International concern over climate change led to the development of the United Nations Framework Convention on Climate Change (UNFCCC). The UNFCCC was agreed upon in 1992, and opened for signature during the UN Conference on Environment and Development in Rio de Janeiro, Brazil on June 5, 1992. It came into force on March 21, 1994. 

Climate change is considered to be among the most serious threats to the stability of the world's environment, the health and well being of its people and global economy. Scientists agree that increasing evidence shows that the Earth's climate is being affected by a build up of greenhouse gases, such as carbon dioxide, that are caused by human activities such as the burning of fossil fuels. Although the greenhouse effect is a natural process that allows the earth to retain the sun's energy in order to warm the earth and allow life to exist, the natural process that regulates the concentration of greenhouse gases in the atmosphere has not been able to keep up with the increasing amounts of greenhouse gases that are being released. Plants do the natural regulation of gases as they absorb some of these gases and then they are re-absorbed by oceans and other natural sinks. Yet, since the beginning of the Industrial Revolution, human activity has begun to interfere with this homeostatic process, releasing more greenhouse gases into the atmosphere more quickly than they can be absorbed naturally. As a result, greater amounts of the sun's energy are being trapped within the atmosphere and the planet's temperature is rising. The global temperature has increased by .5-1.1 degrees Fahrenheit since 1900. The Intergovernmental Panel on Climate Change's  report projects the global surface temperature to increase by 2-6 degrees in the next 100 years.

The UNFCCC ultimate objective is the stabilizing of atmospheric concentrations of greenhouse gases at safe levels. Since the UNFCCC entered into force, there have been six meetings of the Conference of Parties (COPs) in which they discuss and negotiate the implementation of the Convention. In 1997, during COP 3 held in Kyoto, a protocol to the Convention was adapted. The objective of this protocol was to continue the implementation toward cutting emissions of greenhouse gases, which was established during the Convention. The Kyoto Protocol commits industrialized countries to achieve qualified targets for decreasing their emissions of greenhouse gases. The focus of the Convention and the Kyoto Protocol were to achieve a common objective in which all countries have a general commitment to address climate change, adapt to it effects and report on actions they are taking to implement their agreement to the Convention on Climate Change. 

Origins [TOP]

In 1988, the World Meteorological Organization and the United Nations created the Intergovernmental Panel on Climate Change (IPCC), which comprised of 2000 scientific and technical experts in order to assess the threats and solutions to global warming. In 1990, they released their findings, which spurred 140 world leaders including President Bush to sign the Framework Convention on Climate Change, volunteering to reduce their global warming pollutants such as carbon dioxide to the levels of 1990 pollution by 2000. The failure of the participants to voluntarily cut their pollution led to the birth of the Kyoto Protocol.

The Kyoto Protocol to the United Nations Framework Convention on Climate Change is known to be one of the most significant international environmental agreements ever crafted because of its potential profound worldwide economic impacts. The 1992 agreement adopted at the Rio Earth Summit has been ratified by 174 countries, where each countries accepted the "common but differentiated responsibilities" for protecting the global climate. 

At the Climate Convention's first Conference of the Parties, which took place in Berlin in April, 1995, the participating countries reached two important conclusions. First of all, they concluded that the existing commitments were unlikely to be met by 2000 and additional measures were needed for the period beyond 2000. New and legally binding commitments would be required for all countries. Secondly, actions by industrialized countries alone would not stabilize greenhouse gas (GHG) concentrations at safe levels because developing country emissions would surpass those of industrial countries around 2030. 

The Kyoto Protocol was opened for signature on March 16, 1998. The United States signed the Protocol on November 12, 1998 and by February 2000, 84 countries had signed the treaty, which included the European Union and most of its members, Canada, Japan, China, and a range of developing countries. 


Scope and Incidence [TOP]

As a result of the Kyoto Protocol, developed countries, as a whole, will reduce their greenhouse gas emissions by at least five percent by 2008-2012. In Kyoto, developing countries argued that they could not accept any legally binding commitments to future emissions reductions. On one side, oil producing countries were concerned that GHG emission limits would reduce oil sales and revenues. On the other side, the island nations faced risks from sea level rise and storm surges. The sub-Saharan African countries aligned themselves with island nations because they too are vulnerable to the impacts of global climate change. The developing countries (e.g. China, India, and Brazil) argued that it is unfair for them to be required to reduce GHG emissions, unless industrialized countries (e.g. the United States) take the lead. 

Despite the division of interests and opinions, it was clear that all countries must eventually bear legally binding commitments. In order to encourage the developing countries in taking on additional commitments, the industrial countries must work with developing countries to facilitate economic development while also limiting the growth of GHGs. 

In recognition of the fact that all developed countries have different economic circumstances and differing capacities to make emissions reductions, each developed country has a specific and differentiated target. Only the targets for the U.S., the EU and Japan follow a certain logic. By contrast, the targets for most other Parties are based primarily on pledges or a willingness to pay. The main industrial polluters, however, have assumed reduction obligations. The European Community and its Member States as well as most Eastern European countries have to reduce by eighth percent, the United States by seven percent, whereas Canada and Japan have to reduce by only six percent. Exceptions were granted to three Eastern European countries, with Hungary and Poland having to reduce by only six percent and Croatia by five percent. 

Diagnosis: Human and Environmental Impacts [TOP]

The scientific research that we now have has alerted us to the potentially negative impacts of climate change on human health, food security economic activity, water resources and physical infrastructure. In addition, increased global temperatures are expected to increase the number and severity of extreme weather events such as floods, hurricanes, and tornadoes. The exact implications of climate change are still uncertain particularly with respect with differences within and among regions. One of the major impacts that climate change can cause is a slow down in the ocean conveyer belt, which helps to regulate temperature around the world. If this conveyer belt slows down, some regions of the world may experience a substantial cooling affect while other regions will experience increases in temperature. These changes in the average surface temperatures can have dramatic impacts in other aspects such as agriculture.
Agriculture could be disrupted as climate change can lead to falling crop yields in many regions. It can also produce greater irrigation demands, as certain areas would receive less precipitation and experience longer periods of dryness. The areas that would be most affected by this would be the developing countries which rely on one or several crops for economic profit and stability.

Climate change can also affect some of our natural ecosystems. It could change the compositions, health, productivity and geographic range of many forests. Some tree species would be extinct and other replaced. It could also can vegetation zones to shift to higher elevations, which could result in the extinction of some species and jeopardize biological diversity. These changes can also affect some of the socio-economic activities associated with the forests such as tourism, hydropower, logging and recreational activities.

Another area that would face serious consequences because of climate change would be the coastal area. Climate change would cause erosion of beaches and coastal areas. Increased temperature is causing the Artic sea-ice sheet to melt, which in turn has increased the sea level by 2-7cm. The continuing rise in the sea level will inundate low-lying areas throughout the world. Coastal areas would be affected, requiring the relocation of millions of people. In China alone, 70 million people would be displaced and many island nations would become submerged if the sea level continues to rise. 

Climate change could also affect the water supply. Precipitation in certain areas would decrease causing their already dropping water tables, to plummet and lead to desperate measures. Changes in precipitation and sea level can affect the availability of freshwater. River runoff would affect the yields of the rivers and reservoirs. The rate of evaporation will also affect the water supplies and contribute to serious groundwater salination. The rising sea level would result in saline intrusion in coastal aquifers, which would affect the water supply. This will result in competition for water in many areas of the world.

In addition, warmer temperature could have impacts on human health. Warmer temperature may extend the range of species that carry serous tropical diseases such as malaria and typhus. New populations would be exposed to these fatal diseases. Climate change will lead to increased weather related mortalities and air-quality respiratory illnesses around the world. The UNFCC is important to combating the continuing increase in the average surface temperature that will have drastic impacts in all aspects of our lives.

Legal Initiatives [TOP]

Since the 1970s, there has been several international conventions that dealt with the growing problem of climate change. Some of the early conventions that dealt with climate change were the Vienna Convention for the Protection of the Ozone Layer in 1985 and the Montreal Protocol on Substances that Deplete the Ozone Layer which followed the Vienna Convention two years later (Hunter, et al, 1522).

The United Nations Framework Convention on Climate Change was opened for signature at the "Earth Summit" in Rio de Janeiro, Brazil in June 1992, and came into force in March 21, 1994 (Climate Change Convention). The Convention's objective is to "stabilize atmospheric concentrations of greenhouse gases at safe levels" (Climate Change Convention). By reducing the levels of greenhouse gases, the ecosystem is given sufficient time to adapt to climate change without threatening food production and economic development (Climate Change Convention). There are 181 governments and the European Union that are Parties of the Convention which meet at the annual Conference of the Parties (COP) that reviews the implementation of the Convention and continues "talks on how best to tackle climate change" (Climate Change Convention).

There has been six Conference of the Parties: COP 1 in Berlin, COP 2 in Geneva, COP 3 in Kyoto, COP 4 in Buenos Aires, COP 6 at the Hague. One of the most important result of these Conferences is the Kyoto Protocol that has become controversial very recently after United States President George W. Bush announced his opposition to the protocol.  Bush opposes the Kyoto Protocol because according to him, "the Kyoto Protocol exempts 80 percent of the world, including major population centers such as China and India, from compliance, and would cause serious harm to the U.S. economy". (Bush) 

          The Kyoto Protocol

          The Kyoto Protocol commits Annex I Parties (mostly industrialized nations) to individual,
          legally-binding targets to limit or reduce their greenhouse gas emissions, adding up to
          a total cut of at least 5% from 1990 levels in the period 2008-2012. 

          The Protocol also establishes three innovative "mechanisms", known as joint 
          implementation, emissions trading and the clean development mechanism, which are
          designed to help Annex I Parties reduce the costs of meeting their emissions targets
          by achieving or acquiring reductions more cheaply in other countries than at home. The
          clean development mechanism also aims to assist developing countries in achieving
          sustainable development by promoting environmentally-friendly investment in their
          economies from industrialized governments and businesses.

          The Kyoto Protocol was opened for signature between March 16, 1998 and March 15,
          1999.84 countries signed the Protocol during that period, including all but two Annex I
          Parties, indicating their acceptance of the text and intent to become Parties to it. 
          Many Parties wish to bring the Protocol into force by 2002, in time for the tenth
          anniversary of the Rio Conference and of the adoption and signing of the Convention.

Footnotes [TOP]

Bush, George W.  "Text of a Letter from the President to Senators Hagel, Helms, Craig, and Roberts."
     13 March 2001.  http://www.whitehouse.gov/news/releases/2001/03/20010314.html (28 April
     2001).

"Climate Change Convention." Guide to the Climate Change Negotiation Process.
     http://www.unfccc.org/resource/process/components/response/respconv.html (27 April 2001).

Fletcher, Susan.  "Global Climate Change Treaty:  Negotiations and Related Issues."  21 Nov 1997.
     http://www.cnie.org/nle/clim-10.html  (29 April 2001).

"Global Climate."   Our World.  http://www.wmo.ch/index-en.html (29 April 2001).

Hey, Ellen.  "The Climate Change Regime:  An Enviro-Economic Problem and International
     Administrative Law in the Making." Jan 2001.   http://www.wkap.nl/oasis.htm/275731  (29 April
     2001).

Hunter, David, James Salzman and Durwood Zaelke. International Environmental Law and Policy.
      New York, New York: Foundation Press, 1998.

"Key landmarks in the climate change process." Guide to the Climate Change Negotiation Process.
     http://www.unfccc.int/text/resource/process/components/response/landmarks.html (27 April
      2001). 

"The Kyoto Protocol." Guide to the Climate Change Negotiation Process. 
      http://www.unfccc.org/resource/process/components/response/respkp.html  (27 April 2001).

Ott, Hermann E.  "The Kyoto Protocol to the UN Framework Convention on Climate Change -
     Finished and Unfinished Business." 
     http://www.wupperinst.org/Publikationen/Kyoto_Protokoll.html  (29 April 2001).

"Potential Impacts of Climate Change."  United Nations Environment Programme.
     http://www.grida.no/climate/vital/index.htm  (29 April 2001).

"UNFCCC."  Coverage from COP 6.  http://www.iisd.ca/climate/index.html  (29 April 2001).