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International law and the Environment

International law and the Environment. Lecture 33 April 13. ASSIGNMENTS. Wednesday, April 15 Student Presentations Climate Change Legal Regimes – http://unfccc.int/ http://unfccc.int/resource/convkp.html – MUST READ – not in textbook – just note 9 on page 654

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International law and the Environment

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  1. International law and the Environment Lecture 33 April 13

  2. ASSIGNMENTS Wednesday, April 15 Student Presentations Climate Change Legal Regimes –http://unfccc.int/ http://unfccc.int/resource/convkp.html – MUST READ – not in textbook – just note 9 on page 654 1.- UNFCCC 2.- Kyoto Protocol Guide: http://unfccc.int/resource/docs/publications/guideprocess-p.pdf 2007 - http://unfccc.int/resource/docs/publications/unitingonclimate_eng.pdf Kyoto: http://unfccc.int/kyoto_protocol/items/2830.php Thomas Friedman: The Power of Green http://www.iht.com/articles/2007/04/15/opinion/web-0415edgreen-full.php WHAT ARE THE KYOTO PROTOCOL MECHANISMS? FCQ – April 20 Quiz-5 – April 22 Review – April 29 Final exam: May 4, 4:30-7pm, HUMN 1B50 Today • Finish – Climate Change – WHAT ARE THE KYOTO PROTOCOL MECHANISMS?

  3. PresentationsWednesday, April 15 • Margaret Linn - ICC • Omotayo Adeeko – Intl. criminals, their crimes, and the Trial that should follow • Nathalie Roach – Human Rights

  4. PresentationsFriday, April 17 • Chris Choe – North Korean Human Rights • Alex Umbhan – International Environmental Law • Joshuah Lisk – Universal Declaration of Human Rights

  5. Student Presentations Attendance is compulsory • Attendance sheet will be sent around randomly • Exam questions are possible from the presentations • – Use other sources (internet: google.com) to read up on areas that are being presented (topics will be posted the previous class) • -HAVE YOUR QUESTIONS READY FOR THE PRESENTERS –

  6. Presentations • E-mail me your title, your name, and 3 main points 2 days before your presentation amhalvorss@aol.com • - 5-10 minutes, succinct, write 3 main points on blackboard, no reading of papers- only notes • - If you like, you can e-mail me a power-point presentation 2 days before your presentation which I can put on my computer

  7. Climate Change The Science • Intergovernmental Panel on Climate Change (IPCC) 4th Report, Nov. 17, 2007 human activities are responsible for global warming, not natural climatic fluctuations, Report of the February 2, 2007 • The likely impacts of climate change include more frequent severe stormsand droughts, sea level rise, ice capand glacier melt, large-scale species extinctions, spread of disease carriers (of malaria, etc.) to more northernly latitudes, and millions of refugees - environmental refugees by 2050

  8. IPCC • The IPCC was established to provide the decision-makers … with an objective source of information about climate change. The IPCC does not conduct any research nor does it monitor climate related data or parameters. Its role is to assess on a comprehensive, objective, open and transparent basis the latest scientific, technical and socio-economic literature produced worldwide relevant to the understanding of the risk of human-induced climate change, its observed and projected impacts and options for adaptation and mitigation. • Established by UNEP and WMO – Governments which are member countries of WMO and UNEP, participate in plenary Sessions of the IPCC where main decisions about the IPCC workprogramme are taken and reports are accepted, adopted and approved. They also participate the review of IPCC Reports. • The scientists: hundreds of scientists all over the world contribute to the work of the IPCC as authors, contributors and reviewers.

  9. EPA CLIMATE CHANGE- the Science

  10. Who are the Annex I Parties? • A. The fast growing developing countries • B. The OECD countries • C. The industrialized countries

  11. 2. UNFCCC – adopted 1992192 State Parties • A. Objective - Article 2 – achieve stabilization of atmospheric concentrations of GHG… • B. Principles – Sustainable development Art.3(4); Precautionary measures Art.3(3) Common, but differentiated responsibilities - equity Art.3(1) • C. Commitments - Article 4(1) all Parties develop national inventories of anthropogenic emissions and measures to mitigate climate change • D. Industrialized states to take the lead in reducing GHG emissions Art. 4(2) (a) (b) just aim – Annex I (industrialized) Parties - return GHG emissions to 1990 levels by 2000 (non-binding commitments)

  12. 2. UNFCCC (continued) • E. Reporting requirement Art.12 – (binding commitments) - Annex I Parties (industrialized countries) and non-Annex I Parties (developing countries) • F. Financial mechanism Art.11 for technology transfer Art. 21 – Global Environment Facility (GEF) Art.4(3) Annex II (OECD countries) provide new and additional financial resources • G. Institutions: Conference of the Parties (COP) – Art. 7; Secretariat –Art.8; Subsidiary Body for Scientific and Technical Advice – Art.9; Subsidiary Body for Implementation Art.10 • H. Art.4(2)(d) Review the adequacy: COP-1 Berlin Mandate (1995) more action needed to be taken – developed countries “take the lead “– resulted in binding reduction commitments in :

  13. 3. The Kyoto Protocol- Only just getting started • 184 Parties • A. Adopted in 1997 at COP-3 • B. Kyoto Protocol Art.3 – Core commitment – Annex I Parties – reduce overall GHG emission (listed in Annex A) by 5% below the 1990 level in the first commitment period 2008-2012 (specified in Annex B) • C. Art. 3(9) and Art.9 – review of Protocol, • D. Art. 10 – reaffirms commitments of all Parties in UNFCCC, Art.4(1) commitment to produce national inventories of GHGs, keeping in mind Annex II Parties commitment to provide financial resources and transfer of, or access to environmentally sound technology to developing countries • E. Art.11 – financing by Annex II countries (OECD),

  14. China and India are parties to • A. The UNFCCC • B. The Kyoto Protocol • C. None of the above • D. Both A. and C.

  15. The CDM • A. Is the latest version of the DVD for the HDTV • B. Is the only market mechanism that takes place in developing countries • C. Specifically is designed to promote sustainable development in developing countries. • D. Both B. and C.

  16. 3. The Kyoto Protocol (continued) • F. Institutions: Art.13 – COP serving as meeting of the Parties to the Kyoto Protocol (COP/MOP) , Art.14 - Secretariat, Art.15 - Subsidiary bodies (same as in UNFCCC) • G. The Kyoto Mechanisms – flexible market-base mechanisms Art. 6 joint implementation Art.12 clean development mechanism, Art. 17 – emissions trading • H. Article 18 – Non-compliance mechanism • I. Article 25 - Entry into Force – February 16, 2005 • J. Marrakesh Accords at COP-7 (2001) operationalized Kyoto Protocol

  17. Bali Conference 2007 – COP15 • Bali Roadmap 2007 • Copenhagen 2009 • New treaty • Two tracks to get there - UNFCCC – 4(2)(d) and 7(2)(a) - Kyoto Protocol – Art.3(9) and Art.9(1)

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