INTERNATIONAL AND DOMESTIC LEGAL FRAMEWORK TO CURB CLIMATE CHANGE By Nwogu Chijioke Chinesom1 INTRODUCTION One of the topical

issues that have generated serious concern globally is the issue of climate change and global warming. Put differently global warning has been a source of concern to man for the post 2 decades. If this issue of global warming remains unchecked and uncontrolled, the earth will become very hot and unbearable to support life. Global warming has severe consequences to the earth temperature, rain pattern, plant and animal and even to man himself. No wonder global warming forms an important aspect of environmental discussion both nationally, regionally and internationally. The essence of the paper however is not to discuss the meaning, causes and affect of global warming or science of global warning though these would discussed briefly as a prelude but the major concern of the paper is to ex-ray the legal frame work to combat and curb the issue of global warning/climate change both at international and national levels. Global warming is mostly as a result of human activities. MEANING OF GLOBAL WARMING Global warming is the increased warming of earths surface and lower atmosphere (hemisphere)2. It is the increase in the average temperature of earth near surface and oceans. Most of the observed temperature increase since the middle of the 20th century has been caused by increasing concentrations of greenhouse gases, which results from human activities such as the burning of fossil fuel and deforestation.3
1

Nwogu Chijioke is Post Graduate in Faculty of Law Abia State University and Legal Practitioner 2 Efevwerhan D, Kyoto Protocol: A Favour To Developing Nations, A Woe To Developed Nations, Nigeria Law and Practices Journal Vol. 7, 2013 2006, pg 46.

The term global warming was probably first used in its modern sense on 8 August 1975 in a science by Wally Broecher in the science journal called Are we on the brink of a pronounced global warming?4 Broechers choice of words was new and represented a significant recognition that the climate was warming, previously the phrasing used by scientist was inadvertent climate modification, because why it was recognized that humans could change the climate, no one was sure of which direction it was going. Global warming became more widely popular after 1988 when climate scientist Hansen used the term in a testimony to congress. He said. Global warming has reached a level such that we can ascribe with a high degree of confidence and effect relationship between greenhouse effect and the observed warming.5 His testimony was widely reported and afterward global warming was commonly used by press and in public discourse. CAUSES OF GLOBAL WARMING Global Warming is an overall state of existence that is the cumulative effect of hundred of environmental factors. It is a result of human activities6. The primary cause of global warming is carbon dioxide emission (Co2), being pumped into the atmosphere at an insane pace. Emission of Co2 may be caused by natural activity such as volcanic eruptions and people breathing. But the earth is equipped to absorb those into normal regenerative process. The global warming is caused by fiscal fuels being burned and emitting plenty of Co2.7 Co2 emissions are created by power plants, cars and trucks, aircrafts travelling our friendly skies and Co2 emitted from buildings. Another cause is methane gas that a

3 4 5

GLOBAL WARMING; http.//en.wikipedia.org/wiki, visited on 21/5/2011

Ibid ibid 6 ibid

7

Causes Of Global Warming: www//globalwarming com. Visited on 21/5/2011

released into the atmosphere from a dozen major sources. Other causes of global warming or other greenhouse gases are water and nitrous oxide. EFFECTS OF GLOBAL WARMING

Global warming has a lot of effect on the climate. The effects include a rise in the average global sea level and extension of coastal flooding, substantial change in winds, rainfall and ocean currents and could cause hotter and drier conditions in many of the mid-continents and reduced food production etc8.

INTERNATIONAL WARMING:

LEGAL

FRAMEWORK

TO

CURB

GLOBAL

THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC OR FCCC) The UNFCCC is an international environmental treaty produced at the United Nations Conference on Environment and Development (UNCED) informally known as the Earth Summit, held in Rio de Janeiro from June 3 to 14, 1992.9 The UNFCC was opened for signature on May 9, 1992. It entered into force on March 21 199410. As at May 2011, the UNFCCC has 194 parties.11 The crux of the United Nations Framework Convention on Climate Change (UNFCCC) as stated in Article 2 of the Convention is: To achieve in accordance with relevant provisions of the convention stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the
8

Efevwerhan D.Op. Cit. at page 47. United Nations Framework Convention on Climate Change. http//en.wikipedia.org. visited on 17/5/2011

10 11

Ibid; Efevwerhen D. Op. Cit. Ibid

climate system. Such 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 to proceed in a sustainable manner The ultimate objective of the convention is to prevent dangerous human interference of the climate system. As is stated in the convention this requires that GHGS are stabilized in the atmosphere at a level where ecosystems can adapt naturally to climate change, food production is not threatened and economic development can proceed in a sustainable fashion. That is to say that the objeective of the treaty is to stabilize green house gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. The treaty itself set no mandatory limits on greenhouse gas emissions reduction for individual countries and contains no enforcement mechanism12 The UNFCCC recognizes differences among countries in their responsibility to act on climate change13.This is known as principle of Common But Differentiated Responsibility. The parties to the convention have met annually from 1995 in Conference of the Parties (COP) to access progrress in dealing with climate change. THE KYOTO PROTOCOL The Kyoto protocol is a protocol to the UNFCCC aimed at fighting global warning. The protocol was initially adopted on 11 December 1997 in Kyoto, Japan and entered into force on 16 February 2005. As at April 2010, 191 states have signed and ratified the protocol14.

12

Kyoto

Protocol:

http/en.wikipedia.org;

Climate

Change

Adaptation:

http//www.asiapacificadapt.net
13 14

See 4(1)

Kyoto Protocol: http:/en.wikipedia org. visited on 17/5/2011

The protocol essentially provide a more legally binding target and time-table for parties to the UNFCCC for the control of emission of greenhouse gases in contra distinction with the mere voluntary pledges of parties to the convention to reduce the emission of greenhouse gasses in their domain to 1990 level by the year 2012. The preamble to the protocol left no one in doubt as its essence is stated in the following words: The parties to this protocol, being parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as the convention. In pursuit of the ultimate objective of the convention as stated in its Article 2, recalling the provisions of the convention, being guided by Article 3 of the convention, pursuant to the Berlin Mandate adopted by decision 1/COP.1 of the conference of the parties to the convention at its first session have agreed as follow Proposed responses to global warming including mitigation to reduce emissions, adaptation and geongineering to remove greenhouse gases from the atmosphere15 Under the Kyoto protocol, 37 countries (Annex 1 countries) commit themselves to a reduction of four green house gases (GHS)16 and two groups of gases (hydroflourocarbons and perflourocarbons produced by them. The Annex I countries are merely industrialized countries. Annex I countries agreed to reduce their collective green house gas emissions by 5.2% from the 1990 level by the year 2012. According to the protocol, in 2012, Annex 1 countries must have fulfilled their obligations of reduction of greenhouse gases emissions established for the first commitment period (2008 2012). COPENHAGEN ACCORD. Much would not be said on the Copenhagen Accord, as the a accord is not a product of COP (conference of parties) but that of small group of leaders intended to hijack the legitimate multilateral process of negotiations which had been taking
15 16

Global Warming: http//en.wikip org op. cit The four GHS are Co2 methane, nitrous oxide and sulphur hexafluoride

place before the Copenhagen and at Copenhagen17.The actual Copenhagen Accord is only three pages in length. The Accord does not mention any figure of emission reduction that the developed countries are to undertake after 2012 either as an aggregate or as an individual country target. The failure at attaining reduction commitment is the biggest failure of the document and of the whole conference18. It marks a failure of the leaders of developed countries which are responsible for most of the greenhouse gases retained in the atmosphere; to commit to an ambitious emission targets. The Accord only asks each country to inform the conference of parties what it is prepared to do. This is dangerous to the Kyoto Protocol. It should be noted that the document is not an outcome of the UNFCC conference in Copenhagen as COP only took note of the document and did not adopt it. However, developing countries should be cautious when considering how to respond to the Accord. The reasons for this cautious are: 1. The controversial and undemocratic manner in which the Accord was presented to the COP. 2. The Accord was not adopted by COP but merely taken note of. 3. Its contents are imbalanced and in many ways have negative implications for developing countries and also inconsistent with UNFCCC principle of CBDR. 4. This denial could also imply a denial by developed countries of their obligation to provide finance and technology. 5. Associating with the accord may have many serious political and legal implications for developing countries. 6. It is a foundation for weakening the Kyoto protocol19.

17 18

Martin Khor; Copenhagen and After: http//www.southcentre. org. visited on 21/5/2011

Ibid.

VIENNA CONVENTION OF 1989 AND ITS MONTREAL PROTOCOL OF 1987 The Vienna Convention is a convention for protection of the Ozone Layer and it is formalized in 1987 in a form of a binding protocol called the Montreal Protocol on Substance that Depletes the Ozone Layer. The protocol seeks to regulate emission of industrial gases, chloroflourocarbons etc. Though the convention and protocol do not aim at global warming directly, they also have connection with global warming as a discussion with depletion of ozone layer has a connection with global warming. Ozone (03) is a molecular form of oxygen20.The Ozone Layer is relatively thin strata of the molecular set in the lower portion of the earth stratosphere. Depletion of the Earths Ozone Layer has resulted in a large increase in Ultra Violet (UV) radiation reaching the surface of the earth. But the increase in UV rays does not equate to global warming. However the ozone represents a needed balance between harmful radiation being allowed to reach the earths surface and our desire to stem the rapid increase in our air and water temperature21. DOMESTIC LEGAL FRAMTWORK TO CURB GLOBAL WARMING Domestically, not much has been done legally towards curbing of climate change. However, Nigeria is a party to most of the international treaties and their protocols on climate change/global warming and Nigeria has ratified them. But they do not have the effect of law in Nigeria by virtue of Section.12 of the Constitution since they have not been domesticated. In environmental regime in Nigeria, the recent Statute/Act is the NESREA Act (National Environmental Standards and Regulations Enforcement Agency (Establishment) Act22. The Act established the National Environmental Standards and Regulations Enforcement Agency23
19

See The South Centres Comments On The Copenhagen Accord: Contents And Legal Aspects, http/www.southcentre.org visited on 15/5/2011

20
21

Causes of Global Warming; Op. Cit.

ibid

22

Act 57 of 2007

Under part II of the Act, the agency is authorized to enforce compliance with laws, guidelines, policies and standards of environmental matters. It is to coordinate and liaise with stakeholders within and outside Nigeria, on matters of environmental standards, regulations and enforcement. NESREA also has the mandate to enforce compliance with the provisions of international agreements, protocols, conventions and treaties on environment24. Such environmental standard and agreement includes those in the field of climate change/global warming. The National Assembly recently took some bold steps to create committee on Climate Change and pass a bill on Establishment of National Climate Change Commission (NCCC). The bill is yet to be assented by the president as at 24th May 2011, few days to the end of the current term of President Goodluck Jonathan. The bill as passed by houses of National Assembly seeks to establish a National Climate Change Commission. The Commission when created would perform the following functions25: strategic planning and co-ordination of national policies in the field of climate change and energy, advice Federal Government on Policies and priorities on the international climate change regime and its effects on the country, maintain a programme of technical assistance to bodies concerning implementation of climate change, establish programmes for prevention, reduction and elimination of greenhouse gases in the nations air, land and inter-state water, undertake implementation and ensure national compliance with all commitments under UNFCCC, Kyoto protocol and the related international agreements on climate change etc26. CONCLUSION: This paper has labored to ex-ray the legal framework to combat global warming both at international level and national level. Most of the treaties on global warming are products of United Nations Conference on Climate Change. Incidentally and unfortunately these treaties do not have binding force on the member countries. The Kyoto Protocol that has a binding emission target does not seem to be well with the developed countries that are responsible for most of the greenhouse gas emission. The developed countries appear to be trying to avoid
23 24
25 26

See Section 1 (2) NESREA ACT See generally 5.7 of NESREA Act. This is as Contained in the bill passed by the National Assembly See generally 5.7 of National Climate Change Commission Bill as passed.

their obligation in curbing global warming. The Copenhagen accord attests to this. There is therefore need for more binding international instrument to curb global warning. At the domestic level, it will be worthwhile to sign the already passed National Climate Change Commission