This paper analyses the existing laws related climate change and how they support climate action all over the world. Emerging trend of climate change litigation has also caught world’s attention which is being categorized as the ultimate climate action.
The primary methodology tool used is a study of journey taken by the world to accept climate change as a concern and study of laws implemented in furtherance of this concern and conclude whether it is enough or not.
The instant paper contains seven chapters. The first Chapters outlines the gradual shift from climate change to climate action. Second Chapter of the paper discusses the international law related climate change, including climate action initiatives taken under these laws. Climate change litigation is discussed in the third chapter. Fourth and the fifth chapter of the paper outline the Indian perspective and climate change litigation in India respectively. The last chapter elaborates the concept of circular economy.
Climate change and its impact are not limited to a particular region or a particular group of people. Some places may be more vulnerable to its effects than other places, but each and every place on earth is being affected by climate change. A global threat in form of global warming and climate change has been looming over our head for the past century or so. Climate change has been addressed and tackled by various international organizations and treaties. These treaties have formed the basis of International Environmental Law, which is still developing and requires expanding its scope. The main problem with International Environmental Law is its lack of implementation and binding force.
The objective of this research paper is to find out whether the obligatory and binding nature of international law is enough to handle the increasing impacts of climate change or not. Several countries have included environmental law in their existing laws or devised and implemented new laws that under international obligation or good conscience aiming to preserve and protect the environment. Therefore, the research is whether existing legal regime at the national and international level is enough to reverse the damages done to the environment and prevent further damage. Response to climate change has taken a shape of climate action over the years, with people taking active participation in the initiatives taken across the world and binding nature.
Table of Contents
1. INTRODUCTION
2. CLIMATE CHANGE TO CLIMATE ACTION
2.1 Hot Flares or Ice Age?
3. INTERNATIONAL LAW ON CLIMATE CHANGE
3.1 Emergence
3.2 Trail Smelter Case
3.3 United Nations
3.4 UNEP
3.5 Vienna Convention & Montreal Protocol
3.6 IPCC
3.7 UNFCCC
3.7.1 Kyoto Protocol, 1997
3.7.2 Cancun Agreement, 2010
3.7.3 Paris Agreement, 2015-
3.8 Convention on Biological Diversity
3.9 Millennium Development Goals
3.10 21st Century
4. CLIMATE CHANGE LITIGATION- A CLIMATE ACTION
4.1 Urgenda Foundation V. The State of Netherlands, 2015
4.2 Leghari V. Republic of Pakistan, 2015
4.3 Armando Ferrao Carvalho & Ors V. The European Parliament and the Council, 2018
4.4 Massachusetts V. Environmental Protection Agency, 2007
4.5 Juliana V. United States, 2015
4.6 Human Rights Approach
4.7 No Harm Rule ‘sic utere tuo ut alienum non laedas’
4.8 Precautionary Principle-
4.9 Public Trust Doctrine
4.10 Public Participation Principle-
5. INDIAN POLICY WITH REGARDS TO CLIMATE CHANGE
6. INDIA AND CLIMATE CHANGE LITIGATION
6.1 Maneka Gandhi V. Union of India, 1978
6.2 M.C. Mehta V. Union of India, 1991
6.3 Taj Trapezium Case, 1987
6.4 Kanpur Tanneries Case, 1987
6.5 Vellore Citizens’ Case, 1996
6.6 Manushi Sangthani V. Govt. Of Delhi & Ors., 2010
7. CIRCULAR ECONOMY- ‘CRADLE TO CRADLE’
8. CONCLUSION
Research Objectives and Themes
This research paper examines whether the current domestic and international legal frameworks are sufficient to address the increasing impacts of climate change. It investigates the evolution of climate action, the role of international organizations, and the effectiveness of current environmental laws, while specifically analyzing the shift toward climate change litigation and the concept of circular economy as tools for environmental accountability.
- Evolution of international environmental law and climate policy.
- The role of international organizations like the UN and IPCC.
- Climate change litigation as a mechanism for legal accountability.
- The Indian policy perspective and legal landscape regarding climate change.
- Integration of circular economy principles for sustainable development.
Excerpt from the Book
Trail Smelter Case
The government of United States of America disputed and complained to the Government of Canada about the damage caused in State of Washington by discharge of harmful pollutants and fumes by the Canadian Corporation - Mining and Smelting Company at Trail, British Columbia. The Air Pollution caused by the emission of sulfur dioxide from the Trail Smelter motivated the US to seek an injunction against further air pollution caused by the Trail Smelter.
Both the countries mutually agreed to resolve the dispute through ad hoc arbitration and constituted Arbitration Tribunal for the purpose. The major question that was to be answered by the Tribunal was whether a state can be held responsible for damage caused to other states. The Tribunal recognized international liability for damages caused to another nation even without any existence of treaty preventing such damage and held that Canada is liable to pay damages to the US and restrain any such activity that might lead cross-boundary pollution.
This judgment set a landmark and became a primary precedent in International Environment Law whereby state can held responsible for environmental damage done to a foreign country by activities within its borders. This decision also led to the establishment of the widely used principle of ‘Polluter Pay Principle’ through which vicarious liability was imposed on the entity that is responsible for the pollution and harming the Environment.
Summary of Chapters
1. INTRODUCTION: This chapter introduces the catastrophic progression of climate change and frames the necessity for transitioning from passive discussion to active, economy-wide climate action.
2. CLIMATE CHANGE TO CLIMATE ACTION: This section defines climate change as a global phenomenon, traces its scientific discovery, and discusses the historical transition into the era of climate action.
3. INTERNATIONAL LAW ON CLIMATE CHANGE: This chapter details the establishment and development of international environmental legal frameworks, including major treaties, conventions, and the pivotal organizations guiding them.
4. CLIMATE CHANGE LITIGATION- A CLIMATE ACTION: This chapter analyzes how civil litigation is emerging as a critical tool for holding governments and corporations accountable for their contributions to global warming.
5. INDIAN POLICY WITH REGARDS TO CLIMATE CHANGE: This chapter provides an in-depth analysis of India's evolving stance on climate change policy, balancing socio-economic development with international pressures.
6. INDIA AND CLIMATE CHANGE LITIGATION: This chapter examines how the Indian judiciary has utilized existing constitutional provisions and public interest litigation to address environmental degradation and climate impacts.
7. CIRCULAR ECONOMY- ‘CRADLE TO CRADLE’: This chapter explores circular economy as a systemic, sustainable economic alternative to linear models, focusing on regeneration and waste elimination.
8. CONCLUSION: The final chapter summarizes the findings, emphasizing that legal frameworks alone are insufficient without a fundamental shift in humanity's relationship with nature toward efficiency and long-term sustainability.
Keywords
Climate Change, Climate Action, International Environmental Law, UNFCCC, IPCC, Climate Change Litigation, Sustainable Development, Circular Economy, Polluter Pay Principle, Precautionary Principle, Indian Policy, Public Interest Litigation, Renewable Energy, Greenhouse Gases, Environmental Accountability.
Frequently Asked Questions
What is the primary focus of this research?
The research explores the intersection of international law, national policy, and judicial activism in the context of global climate change, focusing on how these systems facilitate climate action.
What are the core themes explored in this work?
Key themes include the evolution of climate policy, the legal effectiveness of international treaties, the rise of climate change litigation as a form of accountability, and the role of a circular economy.
What is the central research question?
The study asks whether the existing obligatory and binding nature of international and national legal regimes is sufficient to reverse environmental damage and effectively handle the increasing impacts of climate change.
What scientific and legal methods are employed?
The research uses a qualitative method, studying the historical journey of how the world has recognized and responded to climate change, investigating key environmental laws, and analyzing landmark judicial cases.
What is covered in the main body of the work?
The main body spans the historical background of climate conventions, detailed analyses of international organizations, a global overview of litigation trends, and a specific case study of India's domestic legal and policy responses.
Which keywords characterize this paper?
Characterizing keywords include Climate Change, Climate Action, Litigation, International Law, Circular Economy, and Sustainable Development.
How does the author define the 'Polluter Pay Principle' in this context?
The principle is defined as a curative mechanism ensuring that individuals or corporations held responsible for environmental damage must pay for the restoration or compensate those harmed.
How does the paper categorize the significance of the circular economy?
The paper identifies the circular economy as a long-term economic necessity that replaces the 'use and discard' model with systems focused on product regeneration, design-based restoration, and lifecycle extension.
What specific role does the Indian judiciary play in climate action?
The Indian judiciary acts as a proactive force by interpreting constitutional rights, particularly Article 21, to encompass the right to a clean, pollution-free environment, often mandating government action via PILs.
- Quote paper
- Anonym (Author), 2019, Climate action and legal foundations, Munich, GRIN Verlag, https://www.grin.com/document/1477102
