tugas presentasi kebling
DESCRIPTION
environmental law and PolicyTRANSCRIPT
Kebijakan Penanganan Perubahan Iklim
Nama Penyusun : Isroni Muhammad Miraj
( Mirza ) NPM : 1406494325
In today’s era of globalization, the advancement of technology and information on one hand can bring about a favourable result to human mankind. But on the other hand, it also poses a threat to the preservation of global environment.
Such ongoing problem is based on the fact that the world’s industrial and economic system do not focus on the balance of information and technology on one hand and the preservation of global environment on the other hand. As a result, environmental damage still occurs all over the world.
Such environmental damage finally leads to one of the most devastating natural phenomena known as climate change.
Latar Belakang Perubahan Iklim I
Climate Change occurs as a result of many contributing factors. These factors not only come from natural causes, but also human causes.
Here are few examples of human causes which lead to climate change :
1) Illegal deforestation2) Innappropriate Utilazation of Air Conditioner 3) The increase of air pollution level as a result of significant
increase in the number of cars, motorcycle, industrial plant, etc. At the same time
Latar Belakang Perubahan Iklim
There are some sources which contain the definition of “climate change” :
1. "Climate change" means a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods.” (United Framework Convention on Climate Change)
2. “Climate change refers to a statistically significant variation in either the mean state of the climate or in its variability, persisting for an extended period (typically decades or longer). Climate change may be due to natural internal processes or external forcings, or to persistent anthropogenic changes in the composition of the atmosphere or in land use.” (Intergovernmental Panel on Climate Change)
The Definition of Climate Change
Although not in principle, there is a slight distinction between the term climate change and global warming. Generally speaking, climate change refers to a clear, sustained change (over several decades or longer) in the components of climate, such as temperature, precipitation, atmospheric pressure, or winds. While global warming refers to an increase in the average temperature at the surface of the earth, or the lower part of the atmosphere. Climate change is a real effect caused by global warming.
To be noted, some people use the term climate change and global warming interchangably. Therefore, in practice, the scope and definition of these two terms are often generally perceived to be the same.
The Distinction between Climate Change and Global Warming
Furthermore, global warming itself is the result of another inevitably natural phenomena known as greenhouse effect.. The definition of this term is mentioned under articel 1 (5) UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE : “Greenhouse gases” means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation.” Gambar di bawah ini menjelaskan terjadinya greenhouse effect :
Greenhouse effect
The Process of Climate Change I
Climate Change
Human Cause
Green House Effect
Global Warming
Climate Change
The Process of Climate Change II
Generally speaking, the issue of climate change, along with its profound impact, has become an international spotlight. A number of international conference has been held over the years to sort this problem out. Some of them have even generated a large number of international convention and declaration on climate change in which participating states also ratified these legal instruments.
Nevertheless, the execution of the policy and purpose set out in those conventions are still beyond our reach. This problem affects the effort in dealing with climate change. Consequently, such ungoing uncertainty, as briefly mentioned above, keeps unfolding. as time goes on. In other words further action and responsibilities still need to be taken in such a way that the interests of all countries concerned could be better protected.
Latar Belakang Masalah
Some of the conflicting issues concerning climate change are as follow :
1) Carbon Trading 2) The implementation of general principles of
international environmental law, especially the principle of common but differentiated responsibility.
3) The lack of commitment, especially that of industrial countries to seriously reduce the devastating impact of climate change.
Latar Belakang Masalah II
General Principles of International
Environmental Law
Principle of Commom but Differentiated Responsibility
Sustainable Development
Intergenerational Equity
Sustainable use of Natural Resources
Integration of Environement and
DevelopmentState
Sovereignty and Responsibility
Preventive Action
Precautionary Principle
Good Neighborliness and International
Cooperation
The Duty to Compensate
Harm
General Principles On International Enviroenmental Law
General Principles of International Environmental Law has played a very signifanct role in helping deal with environmental crisis, in particular the issue of climate change. Its role is perceived to be indispensable in that regard.
The Role of General Principle of International Environmental Law in dealing with Climate
Change
Prior to the 1970’s, earth went through decades of social, economic, and political turmoil and upheavel.
One of the effects of these problems brought a significantly devastating
impact to the environment. As universal concern about the healthy
and sustainable use of the planet and its resources continued to grow, the
UN, in 1972, convened the United Nations Conference on the Human Environment, in Stockholm. It is
widely recognized as the first ever international conference on global
environment. In the end, Stockholm Declaration of The United Nations Conference 1972 was produced.
Following Stockholm Declaration of The
United Nations Conference 1972, a
number of other international
conference along with the legal
instrument concerned, particulary
coverning climate change also came to
light ,such as Rio Declaration 1992
and UNFCCC.
The Provision governed under UNFCCC was then
specifically governed under Kyoto Protocol
1998. To date, there are a large number of
international legal instrument governing
climate change . It can be concluded that they serve as a continuation of what
was discussed during Earth Summit in 1992 in
Rio de Janeiro, particularly the UNFCCC.
Historical Development of International Legal Instruments on Global Climate Change
General International Legal Instruments Governing Climate
Change
United Nations Framework
Convention on Climate Change
(UNFCCC)
Kyoto Protocol To the United Nations
Framework Convention on
Climate Change 1998
Stockholm Declaration of The United Nations
Conference on Human Environment 1972
Rio Declaration on Envrironment
and Development
1992
General International Legal Instruments Governing Global Climate Change
Following Stockholm Declaration of The United Nations Conference on Human Environment 1972, another summit in Rio de Janeiro was held in 1992
The summit in Rio de Janeiro is now widely known as Earth Summit. Since climate change had been a quite serious issue over the years, a non binding treaty was established to set out the framework, principles, and commitments within.
In the aftermath, a treaty called UNFCCC was established. It entred into force on 21 March 1994. As of this moment, UNFCCC has 196 parties.
Historical Development of UNFCCC
With regard to the policy of dealing with climate change, we must first take a look at the purpose set out in UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCC) which serves as one of the international legal rules concerning climate change. It is stated under article 2 UNFCC : “The ultimate objective of this Convention and any related legal instruments that the Conference of the Parties may adopt is to achieve, in accordance with the relevant provisions of the Convention, stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner.”
Objective of UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCC)
In dealing with climate change issue, the implementation of general principles of international environmental law are also laid out within the UNFCCC which serve as a guidance in dealing with climate change issue . It is stated under article 3 of UNFCCC : “In their actions to achieve the objective of the Convention and to implement itsprovisions, the Parties shall be guided, inter alia, by the following: 1. The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed country Parties should take the lead in combating climate change and the adverse effects thereof. 2. The specific needs and special circumstances of developing country Parties, especially those that are particularly vulnerable to the adverse effects of climate change, and of those Parties, especially developing country Parties, that would have to bear a disproportionate or abnormal burden under the Convention, should be given full consideration.
3. The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost. To achieve this, such policies and measures should take into account different socio-economic contexts, be comprehensive, cover all relevant sources, sinks and reservoirs of greenhouse gases and adaptation, and comprise all economic sectors. Efforts to address climate change may be carried out cooperatively by interested Parties.
The Provision of Principles of International Environmental Law in Dealing with Climate Change Issue as Governed by UNFCCC I
4. The Parties have a right to, and should, promote sustainable development. Policies and measures to protect the climate system against human-induced change should be appropriate for the specific conditions of each Party and should be integrated with national development programmes, taking into account that economic development is essential for adopting measures to address climate change.
5. The Parties should cooperate to promote a supportive and open international economic system that would lead to sustainable economic growth and development in all Parties, particularly developing country Parties, thus enabling them better to address the problems of climate change. Measures taken to combat climate change, including unilateral ones, should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade.”
The Provision of Principles of International Environmental Law in Dealing with Climate Change Issue as Governed by UNFCCC II
Following the ratification of UNFCCC, an urgent was needed to implement objectives set out within the framework convention
The task was to establish a binding international treaty which serves as a continuation of The UNFCCC.
In the aftermath, Kyoto Protocol to The United Nations Framework Convention on Climate Change was established. It came into force on 16 February 2005. As of today, there are 192 parties to the protocol.
Historical Development of Kyoto Protocol
The objective of Kyoto Protocol to The United Nations Framework Convention Convention on climate Change is noneother than to set binding obligations on industrialized countries to reduce emissions of greenhouse gasses. Such provision is based on article 2 of UNFCCC in which Kyoto Protocol serves as a continuation of what was laid out within the UNFCCC. In general, Kyoto protocol also places a heavier burden on developed or industrial countries to reduce emissions of greenhouse gasses since they are also principally and historically responsible for the increase level of greenhouse gases for more than 150 years of industrial activity.
Objective of Kyoto Protocol to The United Nations Framework Convention on Climate
Change
Classification of State Parties within Kyoto Protocol
Annex I
Annex II
Non-Annex I
Classification of State Parties Within Kyoto Protocol I
The classification of state parrties within Kyoto Protocol is based on national commitments derived from The Principle of Common but Differentiated Responsibility. The classification is stated as follow : 1. Annex I : This classification consists of industrial (developed) countries as well as countries undergoing economic transition all of which are part of Organization for Economic Co-operation and Development (OECD). Thses countries are obliged to reduce gas emmissions at least by 5 percent. 2. Annex II : This classification consists of countries who are members of OECD. These countries are required to assist developing countries both financially and technically in reducing their greenhouse gas emmissions as well as assisting developing countries in dealing with the devastating impact of climate change. 3. Non-Annex I : This classification consists mostly of developing and low income countries who are vulnerable on the devastating impact of climate change.
Classification of State Parties Within Kyoto Protocol II
Article 2 (1) of Kyoto Protocol to The United Nations Framework Convention on Climate Change Stipulates : “1. Each Party included in Annex I, in achieving its quantified emission limitation and reduction commitments under Article 3, in order to promote sustainable development, shall : a. Implement and/or further elaborate policies and measures in accordance with its national circumstances, such as:
i. Enhancement of energy efficiency in relevant sectors of the national economy ii. Protection and enhancement of sinks and reservoirs of greenhouse gases not
controlled by the Montreal Protocol, taking into account its commitmentsunder relevant international environmental agreements; promotion of sustainable forest management practices, afforestation and reforestation.
iii. Promotion of sustainable forms of agriculture in light of climate change considerations.
iv. Research on, and promotion, development and increased use of, new and renewable forms of energy, of carbon dioxide sequestration technologies and of advanced and innovative environmentally sound technologies.
v. Progressive reduction or phasing out of market imperfections, fiscal incentives, tax and duty exemptions and subsidies in all greenhouse gas emitting sectors that run counter to the objective of the Convention and application of market instruments.
vi. Encouragement of appropriate reforms in relevant sectors aimed at promoting policies and measures which limit or reduce emissions of greenhouse gases not controlled by the Montreal Protocol.
vii. Measures to limit and/or reduce emissions of greenhouse gases not controlled by the Montreal Protocol in the transport sector.
viii. Limitation and/or reduction of methane emissions through recovery and use in waste management, as well as in the production, transport and distribution of energy.
The Provision Within Kyoto Protocol Concerning State Responsibilities in Dealing with Climate Change
b. Cooperate with other such Parties to enhance the individual and combined effectiveness of their policies and measures adopted under this Article, pursuant to Article 4, paragraph 2 (e) (i), of the Convention. To this end, these Parties shall take steps to share their experience and exchange information on such policies and measures, including developing ways of improving their comparability, transparency and effectiveness. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session or as soon as practicable thereafter, consider ways to facilitate such cooperation, taking into account all relevant information.” Furthermore, article 3 of Kyoto Protocol added :
“The Parties included in Annex I shall strive to implement policies and measures under this Article in such a way as to minimize adverse effects, including the adverse effects of climate change, effects on international trade, and social, environmental and economic impacts on other Parties, especially developing country Parties and in particular those identified in Article 4, paragraphs 8 and 9, of the Convention, taking into account Article 3 of the Convention. The Conference of the Parties serving as the meeting of the Parties to this Protocol may take further action, as appropriate, to promote the implementation of the provisions of this paragraph.”
The Provision Within Kyoto Protocol Concerning State Responsibilities in Dealing with Climate Change II
Article 10 of Kyoto Protocol to The United Nations Framework Convention on Climate Change stipulates : “All Parties, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives and circumstances, without introducing any new commitments for Parties not included in Annex I, but reaffirming existing commitments under Article 4, paragraph 1, of the Convention, and continuing to advance the implementation of these commitments in order to achieve sustainable development, taking into account Article 4, paragraphs 3, 5 and 7, of the Convention, shall : a. Formulate, where relevant and to the extent possible, cost-effective national and, where appropriate, regional programmes to improve the quality of local emission factors, activity data and/or models which reflect the socio-economic conditions of each Party for the preparation and periodic updating of national inventories of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies to be agreed upon by the Conference of the Parties, and consistent with the guidelines for the preparation of national communications adopted by the Conference of the Parties
The Provision Within Kyoto Protocol Concerning State Responsibilities in Dealing with Climate Change III
b. Formulate, implement, publish and regularly update national and, where appropriate, regional programmes containing measures to mitigate climate change and measures to facilitate adequate adaptation to climate change :
i. Such programmes would, inter alia, concern the energy, transport and industry sectors as well as agriculture, forestry and waste management. Furthermore, adaptation technologies and methods for improving spatial planning would improve adaptation to climate change.
ii. Parties included in Annex I shall submit information on action under this Protocol, including national programmes, in accordance with Article 7; and
other Parties shall seek to include in their national communications, as appropriate, information on programmes which contain measures that the Party believes contribute to addressing climate change and its adverse impacts, including the abatement of increases in greenhouse gas emissions, and enhancement of and removals by sinks, capacity building and adaptation measures. c. Cooperate in the promotion of effective modalities for the development, application and diffusion of, and take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technologies, know-how, practices and processes pertinent to climate change, in particular to developing countries, including the formulation of policies and programmes for the effective transfer of environmentally sound technologies that are publicly owned or in the public domain and the creation of an enabling environment for the private sector, to promote and enhance the transfer of, and access to, environmentally sound technologies.
The Provision Within Kyoto Protocol Concerning State Responsibilities in Dealing with Climate Change III
d. Cooperate in scientific and technical research and promote the maintenance and the development of systematic observation systems and development of data archives to reduce uncertainties related to the climate system, the adverse impacts of climate change and the economic and social consequences of various response strategies, and promote the development and strengthening of endogenous capacities and capabilities to participate in international and intergovernmental efforts, programmes and networks on research and systematic observation, taking into account Article 5 of the Convention. e. Cooperate in and promote at the international level, and, where appropriate, using existing bodies, the development and implementation of education and training programmes, including the strengthening of national capacity building, in particular human and institutional capacities and the exchange or secondment of personnel to train experts in this field, in particular for developing countries, and facilitate at the national level public awareness of, and public access to information on, climate change. Suitable modalities should be developed to implement these activities through the relevant bodies of the Convention, taking into account Article 6 of the Convention. f. Include in their national communications information on programmes and activities undertaken pursuant to this Article in accordance with relevant decisions of the Conference of the Parties. g. Give full consideration, in implementing the commitments under this Article, to Article 4, paragraph 8, of the Convention.”
The Provision Within Kyoto Protocol Concerning State Responsibilities in Dealing with Climate Change III
In practice, on one hand, cooperation between states, particularly between developing countries and industrial countries, in an attempt to deal with climate change seems to have undergone a significant development over the years. But on the other hand, many industrial countries, are still in some ways lack of commitment in assisting developing countries to reduce and deal with the profound impact of climate change.
One of the conflicting issues arise from the principle of common but differentiated responsibility, in which developed and industrial countries such as USA, claim that they can’t be held accountable for the environmental damage as a result of the action historically commited in the past. This also contributes to the fact that the adopted Kyoto Protocol have been criticized by some countries as not having achieved its stated goals of reducing the emission of carbon dioxide.
Problem of Legal Implementation
Carbon trading is generally a term in international environemental law in which it is the process of buying and selling of quotas that allow the holder of the quota to emit the equivalent of one ton of CO2. So if a company’s or a country’s emissions are lower than its quota, it can sell its surplus. If it exceeds its limits, on the other hand, it will have to buy additional quota on the market or cut its production. This form of permit trading is a common method countries utilize in order to meet their obligations specified by the Kyoto Protocol.
Such Obligations are stated under article 3 of Kyoto Protocol which stipulates :
“The Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of thisArticle, with a view to reducing their overall emissions of such gases by at least 5 per cent below 1990 levels in the commitment period 2008 to 2012.”
Carbon Trading
Historical Background of Carbon Trading
Under kyoto protocol, state parties, especially industrial countries are obliged to reduce green house gas emmissions. In that regard, emmission trading was established by allowing countries which has an excessively unused amount of emmission unit to sell this amount to countries that exceeds their emmission limits. Consequently, such phenomena created a new commodity known as carbon market. Since CO2 is principal greenhouse gas, it is later known as carbon trading.
The Process of Carbon TradingThe provision under Kyoto
Protocol to reduce emmissions of greenhouse
gases
The legitimacy of Carbon Trading is not specifically mentioned under Kyoto Protocol. Nonetheless, such practice earns a legitimacy by referring to article 6 and 17 of Kyoto Protocol to The United Nations Framework Conventions on Climate Change. Article 6 states : “1. For the purpose of meeting its commitments under Article 3, any Party included in Annex I may transfer to, or acquire from, any other such Party emission reduction units resulting from projects aimed at reducing anthropogenic emissions by sources or enhancing anthropogenic removals by sinks of greenhouse gases in any sector of the economy, provided that : a). Any such project has the approval of the Parties involved.b). Any such project provides a reduction in emissions by sources, or an enhancement of removals by sinks, that is additional to any that would otherwise occur. c). It does not acquire any emission reduction units if it is not in compliance with its obligations under Articles 5 and 7. d). The acquisition of emission reduction units shall be supplemental to domestic actions for the purposes of meeting commitments under Article 3.”
Legitimacy of Carbon Trading
Article 17 of UNFCCC further states : “The Conference of the Parties shall define the relevant principles, modalities, rules and guidelines, in particular for verification, reporting and accountability for emissions trading. The Parties included in Annex B may participate in emissions trading for the purposes of fulfilling their commitments under Article 3. Any such trading shall be supplemental to domestic actions for the purpose of meeting quantified emission limitation and reduction commitments under that Article.”
Leigitimacy of Carbon Trading
Although on one hand many countries agreed to be engaged on carbon trading, on the other side it is perceived to be innefective in dealing with climate change. Opposition to carbon trading has grown due to the belief that such approaches do little to help climate change and instead provide substantial profits for corporate greenhouse gas polluters. Critics point out failures in accounting, dubious science, and the negative impact of the carbon market on local communities.
Many developing countries perceive carbon trading as an excuse delivered by industrial countries to continue increase the level of their gas emmision for the benefit of social, economic, and political interest. That’s why many developed countries insist to increase their domestic consumption eventhough at the same time they could use carbon trading as a tool to redcue gas emmisions. It leades to the conclusion that carbon trading does a very little help in solving adverse effects of climate change and in that regard, the commitments of industrial countries can be put to question.
Legal Issues and Criticism of Carbon Trading
As in the case of Indonesia, it is worth remembering that our country has an invaluable aspects of natural resources, in particular with regard to forest. As of today, Indonesia has approximately million hectare of forest spread accros the archipelago. Unfortunately only a few are in a good function. Such a dismal condition bring about a quite unfavourable result in Indonesia’s contribution of Carbon Trading.
Since a few percentage of Indonesia’s forest is in good condition, we can’t maximize the positive aspects in our involvement of carbon trading in which one of them is to help boost our national income and eventually achieve sustainable development.
This problem also ultimately leads to Indonesia’s inability to help preventing the profound impact of climate change.
To solve this, we need to at least change our course of national policy and action in preserving forest.
Implementation and Effects of Carbon Trading in Indonesia
For the last few years, Indonesia has been actively involved along with other countries to participate in dealing with climate change. Such participations have been further enlightened in various international conference and coo[eration on climate change. One of the most notable international conferences on Climate change was held in Bali in 2007. Indonesia Ratified Kyoto Protocol through UU No. 17/2004.
The Role of Indonesia in Dealing with Climate Change
The legal status of The Principle of Common but Differentiated Responsibility has been a major dispute, especially among industrial countries. The resistance often comes from the notion that many industrial countries reject the heavier burden placed upon them to be responsible for most part of environmental degradation which causes climate change as well as the status of this principle as customary international law.
Consequently, in practice, the issue of climate change keeps unfolding. In particular, it’s getting even harder to meet the objectives and commitment set out within the Kyoto Protocol on United Nations Framework Convention on Climate Change.
The Implementation on The Legal Status of The Principle of Common but Differentiated
Responsibility
Massachusets along with other 11 states of USA sought review of the denial by the EPA of a petition to regulate the emissions of four GHG including carbon dioxide, since under article 202 (a)(1) of Clean Air Act (CAA) do not specifically mention CO2 and othe GHG as air pollutant. The petitioners argue that without governing thoses gasses as air pollutant, it means a violation of terms of the CAA. Th supreme Court upheld the standing of the petitioners and stated that EPA’s reading of the corresponding article remained erroneous, which means that GHG including CO2 are air pollutants
Case Law Concerning Climate Change Massachusets vs EPA
In December 2005, the Inuit Circumpolar Conference (ICC) ob behalf of Inuit filed a petition to the Inter American Commmission on Human Rights (IACHR) seeking relief from Violations resulting from global warming caused by acts and petitions of USA. Some of the arguments filed by petitioners are as follow :
1. The USA is Violating the Inuit right of property 2. Harm to the environemtn violates indigineous
people’s huma right to health.
Case law on Climate Change II (Petition to the Inter American Commission on Human Rights Seeking Relief from Violations Resulting from Global Warming Caused by acts and Ommission of USA
1• Eventhough a number of significant steps an
policies, such as international cooperation, have been taken to reduce the devastating effects of climate change, this issue remains one of the most daunting tasks mankind needs to deal with.
• Therefore further steps and policies still need to be taken by the international community to sort out the issue of climate change
2• The objectives set out within Kyoto Protocol
to The United Nations Framework Convention on Climate Change shall be accomplished in such a way without further causing damage to the ecosystem which in return will eventually and in particular only bring about a devastating impact. Therefore the interests of all people concerned could be better protected.
3 • Industrial States shall further boost their commitments in dealing with climate change
Conclusion
SEKIAN DAN TERIMA KASIH