Individual Task ( International Environmental Law )

CLIMATE CHANGE

CREATED BY:

ZULKHANADYA (1503101010197)

LECTURER:

NELLYANA ROESA, S.H., LL.M

FACULTY OF LAW

SYIAH KUALA UNIVERSITY

2018/2019
 CLIMATE CHANGE

1. Definition of climate change

Climate change is a change in the pattern of weather, and related changes in oceans,
land surfaces and ice sheets, occurring over time scales of decades or longer. 1 Climate
change is a change in the statistical properties of the climate system that persists for
several decades or longer. These statistical properties include averages, variability and
extremes. Climate change may be due to natural processes, such as changes in the Sun’s
radiation, volcanoes or internal variability in the climate system, or due to human
influences such as changes in the composition of the atmosphere or land use.2
The earth’s climate is determined in large part by the presence in the atmosphere of
naturally occurring greenhouse gases (GHG), including in particular water vapour
(H2O), carbon dioxide (CO2), methane (CH4), chlorofluorocarbons (CFCS), nitrous
oxide (N2O) and tropospheric ozone (O3). There are transparent to incoming shortwave
solar radiation but absorb and trap longwave radiation Emitted by the earth’s surface. 3
Their presence exerts a warming influence on the earth. Scientific evidence suggests
that continued increase in atmospheric concentrations of selected greenhouse gases
(GHG) due to human activities will lead to enhanced ‘greenhouse effect’ and global
climatic change.4
Carbon dioxide (CO2) from emissions from the combustion of fossil fuels,
production of cement, and agricultural and other land use (including deforestation) is
widely considered to be the most significant contribution to the threat of climate change,
but global emission of CFC 11 and 12, methane (CH 4), nitrous oxide (N2O) also pose a
significant threat.5
2. Development of Climate Change
In 1988 UNEP (United Nations Environment Programme) and the WMO (World
Meteorological Organization) established the IPCC (Intergovernmental Panel on

1 Australia Academic of Science[AU]: Science of Climate Change.

2 America's Climate Choices: Panel on Advancing the Science of Climate Change, National Research
Council (2010).
3 Sands, Philippe, ‘Principles of international environmental law I : Frameworks, standards an
implementation’, Manchester University Press, 1995. See chapter 7, 271.
4 See UNEP, Environmental Data Report, 3-9 and 121-130 (1991); the 1992 Climate Change Convention
defines ‘greenhouse gases’ as ‘those gaseous constituents of the atmosphere, both natural and
anthropogenic, Art. 1(5)
5 Ibid., Sands, Philippe
Climate Change). The first IPCC report, published in 1990, predicted that on a ‘business
as usual’ emissions scenario, the global mean temperatures could rise by an average rate
about 0.3°C per decade during the next century. 6 In 1992 the IPCC produced its Second
Report, which concluded that finding of scientific research since 1990 did not affect the
Working Group’s understanding of science of the greenhouse effect and either
confirmed or did not justify altering the major conclusions of the 1990 Assessment. 7
In 1988 and 1989 the UN General Assembly determined that ‘climate change is a
common concern of mankind’ and urged governments, intergovernmental and non-
intergovernmental organizations to collaborate in a concerted effort to prepare, as a
matter of urgency, a framework convention on climate change.8 In December 1990 the
UN General Assembly established a single intergovernmental negotiating process under
the auspices of the General Assembly, supported by UNEP and WMO, for the
preparation by an Intergovernmental Negotiating Committee for a Framework
Convention on Climate Change (INC/FCCC).9 The INC/FCCC held five sessions and
the Convention was adopted at the close of the resumed fifth session in May 1992. The
UN Framework Convention on Climate Change (1992 Climate Change Convention)
was signed by 155 states and the EC ( European Communities) in June 1992 at UNCED
(United Nations Conference on Environment and Development) and comprise a
package which contains elements for almost all the negotiating states but left none
entirely satisfied. 10
The word ‘Framework’ in the title is something of a misnomer, since at 1992
Convention established:
a) Commitments to stabilise greenhouse gas concentrations in the atmosphere
at a safe level, over the long term, and to limit emissions of greenhouse gases
by developed countries in accordance with the soft targets and timetables.

6 IPCC, Climate Change : the IPCC Scientific Assessment (1990), the ‘business as usual’ scenario
assumed a continued reliance on coal and oil, modest improvements in energy efficiency, limited controls
on emissions of carbon dioxide, continued deforestation, uncontrolled emissions of methane and nitrous
oxide from agricultural sources, and a reduction of CFSs un line with the 1987 Montreal Protocol.
7 IPCC, 1992 Supplement (1992), Section II, para. 2.
8 UNGA res. 43/53 (1988); UNGA res. 44/207 (1989).
9 UNGA re. 45/221 (1990).
10 New York, 9 May 1992, in force 24 March 1994, 31 I.L.M. (1992), 849; Sands et al., Vol. IIA, 248;
Art. 23(1). The Convention had attracted twenty-six ratification within a year of its adoption and is
expected to enter into force in 1994.
 b) A financial mechanism an a commitment by certain developed country
parties to provide financial resources for meeting certain incremental costs
and adaption measures.
c) Two subsidiary bodies to the conference of the parties.
d) A number of important guiding ‘Principle’ and
e) Potentially innovative implementation and dispute settlement mechanisms.11
The convention was the first international environmental agreement to be
negotiated by virtually the whole of international community, with the 143 states
participating in the final session of the INC/FCCC, and is potentially unique in the
scope of its direct and indirect consequences: it is difficult to identify any type of human
activity which will, over time, fall outside its scope 12. Affecting the vital economic
interest of almost all states, it attempted to adopt a comprehensive approach to
integrating environmental considerations into economic development and defined, in
legal terms, rights and obligation of different members of the international community
in the quest for ‘sustainable development’ and the protection of the global climate. 13
3. Legal Basic of Climate Change
I. UNFCCC
The United Nations Framework Convention on Climate Change (UNFCCC) was
opened for signature at the 1992 United Nations Conference on Environment and
Development (UNCED) in Rio de Janeiro. The UNFCCC objective is to
"stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent
dangerous anthropogenic interference with the climate system".14
Preamble, definition, Objective and Principle
The preamble of 1992 Climate Change convention include the Principle such as
the principle of sovereignty, that largest share historical and current global emission
originated in developed countries, and includes Principle 2 of the Rio de Janeiro
Declaration on Environment and Development (rather than Principle 21 of the
Stockholm Declaration. The convention incorporated the concept of ‘common but
differentiated responsibility’ to reflect the different obligations placed upon developed
and developing state. In regard to the attainment of the Article 2 objectives, the

11 Sands, Philippe, ‘Principles of international environmental law I : Frameworks, standards an

implementation’, Manchester University Press, 1995. See chapter 7, 272.
12 UNFCCC, Definition, Art. 1(2)
13 Ibid,. page. 272-273.
14 UNFCCC, Art. 2
convention incorporates a range of the principle including (i) common but differentiated
responsibility, (ii) a right to sustainable development, (iii) the precautionary principle,
and (iv) cooperation within a international economic system. 15
The preamble also refer to the concept of ‘per capita emissions’ and ‘energy
efficiency’, matters which did not obtain sufficient support to be included in the
operational part of the convention.16 Emissions is means the release of greenhouse gases
and/or their precursors into the atmosphere over a specified area and period of time.17
The ultimate objective of the climate change convention is to stabilise GHG
concentrations in the Atmosphere ‘at a level that would prevent dangerous
anthropogenic interference with the climate change system’, emphasizing that
prevention of climate change is the primary objective. 18 The objective is to be achieved
in such a way as 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 sustainable manner.19 The convention includes numerous references to the ‘effect’ and
‘adverse effect’ of climate change. Objective of establishing an instrument to address
the adverse effect of climate change and ensure that countries, particularly those most
vulnerable, are able to prepare adequately for adaption to the adverse effect of climate
change.20
Article 3 (1) of the Convention states that Parties should act to protect the
climate system on the basis of "common but differentiated responsibilities", and that
developed country Parties should "take the lead" in addressing climate change. 21 Parties
should adopt measures and policies which are ‘precautionary’, ‘cost effective’,
‘comprehensive’, and which take into account different ‘socio economic contexts’. 22
The precautionary principle is considered when possibly dangerous, irreversible, or
catastrophic events are identified, but scientific evaluation of the potential damage is not

15 UNFCCC, Art. 2
16 Ibid., Sands, Philippe. Chapter 7, page 274
17 UNFCCC, Art 1(4)
18 UNFCCC, Art 2
19 ibid
20 "Adverse effects of climate change" means changes in the physical environment or biota resulting
from climate change which have significant deleterious effects on the composition, resilience or
productivity of natural and managed ecosystems or on the operation of socio-economic systems or on
human health and welfare. Art 1(1)
21 UNFCCC, Art 3: principle
22 UNFCCC, Art 3(3)
sufficiently certain23 The precautionary principle implies an emphasis on the need to
prevent such adverse effects. The principle section is made to the need to ensure
‘sustainable economic growth’ in order to address the problems of climate change.
General Commitments
To achieve the objectives of the objectives of the Convention all parties are
committed under article 4(1) to take measures, taking into account their common but
differentiated responsibilities and priorities, objectives and circumstances. all Parties
make general commitments to address climate change through, for example, climate
change mitigation and adapting to the eventual impacts of climate change.24 These
general commitments include the development of national inventories of anthropogenic
25
emissions by source and removals by sinks of all GHG. the formulation and
implementation of national and, where appropriate, regional programmes containing
measures to mitigate climate change by addressing emissions and removal of these
gases and by facilitation of adequate adaptation of climate change.26
The convention establishes broad reporting requirements for the communication
of certain information, with specific provision for financial resources to be made
available to developed country parties. The effective implementation by developing
country parties of their communication commitments is linked to the effective
implementation by developed country parties of their financial commitments, including
the need for adequacy and predictability in the flow of funds.27
Annex I parties are to include information relating to measures and policies to
fulfill commitment under article 4(2)(a) and (b), and the specific estimate of the effects
those policies and measures will have on emissions and removals. 28 Annex II parties
must include details of measures taken in accordance with Article 4(3)-(5).29
Specific Commitments: sources and sinks
The convention are specific commitment relating to sources and sinks of GHG
binding on all developed country parties and the EC under article 4(2). The convention
23 Toth, F.L.; et al. (2001). "Precautionary Considerations" Chapter 10. Decision-making Frameworks.
Climate Change 2001: Mitigation: Contribution of Working Group III to the Third Assessment Report of
the Intergovernmental Panel on Climate Change. Cambridge University Press .
24 UNFCCC, Art. 4
25 UNFCCC, Art 4(1)(a).
26 UNFCCC, Art 4(1)(b).
27 UNFCCC, Art 4(3) and (7).
28 UNFCCC, Art 12(2).
29 UNFCCC, Art 12(3).
also provide for ‘joint implementation’ by Annex I parties of their policies and
measures, subject to further decisions to be taken by the conference of the all parties
regarding criteria for such ‘joint implementation’.30 Parties are also to take consideration
in the implementation of commitments the situation of parties, particularly developing
country parties, with the economies vulnerable to the adverse effects of implementation
of response measures.31
The calculation of emissions by sources and removal by sinks will take into
account the best available scientific knowledge, pending agreement by the conference of
the parties on common methodologies. 32 Each developed country party is also required
to coordinate relevant economic and administrative instruments and identify and
periodically review its own policies and practices which encourage activities that lead to
greater levels of anthropogenic emissions.33
Commitments: financial resources and technology transfer
Annex II parties undertake specific financial commitments. To provide such
financial resources needed by developing country parties in fulfilling their commitment
to communicate information relating to implementation (Article 12), and to provide
such financial resources needed by developing country parties ‘to meet the agreed full
incremental costs of implementing measures’ relating to their general commitments
under Article 4(1) and which are agreed between the developing country party and the
entity responsible for the financial mechanism.34 Annex II parties also undertake to
assist developing country parties of responsibility for causing climate change that are
‘particularly vulnerable to the adverse effects of climate change in meeting costs of
adaptation to those adverse effects.35
Annex II parties are required to take all practicable steps to promote, facilitate
and finance the transfer of, or access to, environmentally sound technologies of
36
developing country parties. in the short term the financial mechanism is likely to
devote a significant proportion of the available financial resources to technology
transfer.

30 UNFCCC, Art 4(2)(a) and (d).

31 UNFCCC, Art 4(10)
32 UNFCCC, Art 4(2)(c).
33 UNFCCC, Art 4(2)(e).
34 UNFCCC, Art 4(3).
35 UNFCCC, Art 4(4).
36 UNFCCC, Art 4(5).
 Institutions and arrangement
The Climate Change Convention established a conference of parties, a
secretariat, two subsidiary bodies, and a financial mechanism. 37 The conference of the
parties is the supreme body of the convention, entrusted with keeping the
implementation of the convention under regular review and making decisions to
promote its effective implementation.38 A multidisciplinary subsidiary body for
scientific and the technological matters to the conference parties.39 A subsidiary body for
implementation will be established to assist the conference of the parties in the
assessment and review of the implementation of the Convention. 40 The convention
defines a financial mechanism for the provision of financial resources on a grant or
concessional basis, including for the transfer of technology.41
Implementations and dispute settlement
Apart from the role of the conference of the parties and the subsidiary body for
implementation, the convention provides for the possibility of establishing a
‘multilateral consultative process, for the resolution implementation questions, which
will be available to parties on their request. 42 Additionally, a dispute settlement Article
provides for possible compulsory recourse to arbitration or the International Court
Justice with the consent of the relevant parties to a dispute as well as the possibility for
the compulsory establishment of a conciliation commission, with the power to make a
recommendatory award, at the request of one of the parties to a dispute twelve months
after notification of the dispute.43
II. Kyoto Protocol
After the signing of the UNFCCC treaty, Parties to the UNFCCC have met at
conferences ‘Conferences of the Parties’ (COPs) to discuss how to achieve the treaty's
aims. At the 1st Conference of the Parties (COP-1), Parties decided that the aim of
Annex I Parties stabilizing their emissions at 1990 levels by the year 2000 was "not
adequate",44 and further discussions at later conferences led to the Kyoto Protocol. The
37 UNFCCC, Art 7-10.
38 UNFCCC, Art 7(2).
39 UNFCCC, Art 9(1).
40 UNFCCC, Art 10(1).
41 UNFCCC, Art 11(1).
42 UNFCCC, Art 13.
43 UNFCCC, Art 14.
44 Depledge, J. (25 November 2000), United Nations Framework Convention on Climate Change
(UNFCCC) Technical paper: Tracing the Origins of the Kyoto Protocol , UNFCC, p.6
Kyoto Protocol sets emissions targets for developed countries which are binding under
international law.
The Kyoto Protocol has had two commitment periods, the first of which lasted
from 2008-2012. The second from 2013-2020 and is based on the Doha Amendment to
the Protocol, which has not entered into force. The Kyoto Protocol has been ratified by
all the other Annex I Parties. The Kyoto Protocol implemented the objective of the
UNFCCC to fight global warming by reducing greenhouse gas concentrations in the
atmosphere to "a level that would prevent dangerous anthropogenic interference with
the climate system" (Article 2). The Protocol is based on the principle of common but
differentiated responsibilities: it puts the obligation to reduce current emissions on
developed countries on the basis that they are historically responsible for the current
levels of greenhouse gases in the atmosphere.

Annex I Parties under the Kyoto Protocol:

 Recognizes that the contribution of Working Group III to the Fourth Assessment
Report of the IPCC, to achieving the lowest levels would require Annex I Parties
as a group to reduce emissions in a range of 25-40 per cent below 1990 levels by
2020 (close to the 51% reduction in a low-carbon society).

 Urges Annex I Parties to raise the level of ambition of the emission reductions to
be achieved.

 In the second commitment period, the base year shall be 1990.

 The global warming potentials shall be those provided by the IPCC.

III. Paris Agreement

45
In 2011, parties adopted the "Durban Platform for Enhanced Action" As part
of the Durban Platform, parties have agreed to "develop a protocol, another legal
instrument or an agreed outcome with legal force under the Convention applicable to all
Parties".46At Durban47and Doha,48 parties noted "with grave concern" that current efforts
to hold global warming to below 2 or 1.5 °C relative to the pre-industrial level appear
inadequate.
45 Para 2-4, in COP 2012
46 COP 2012, p.2
47 COP 2013, p. 19
48 Climate Policy Observer. 2017.
 In 2015, all (then) 196 then parties to the convention came together for the UN
Climate Change Conference in Paris 30 November - 12 December and adopted by
consensus the Paris Agreement, aimed at limiting global warming to less than two
degrees Celsius, and pursue efforts to limit the rise to 1.5 degrees Celsius. 49 The Paris
Agreement entered into force on November 4, 2016.
IV. Other decisions
In addition to the Kyoto Protocol (and its amendment) and the Paris Agreement,
parties to the Convention have agreed to further commitments during UNFCCC
Conferences of the Parties. These include the Bali Action Plan (2007),50 the Copenhagen
Accord (2009),51 the Cancun agreements (2010), 52
and the Durban Platform for
Enhanced Action (2012).53
V. Bali Action Plan

As part of the Bali Action Plan, adopted in 2007, all developed country Parties
have agreed to "quantified emission limitation and reduction objectives, while ensuring
the comparability of efforts among them, taking into account differences in their
national circumstances."54 Developing country Parties agreed to "nationally appropriate
mitigation actions context of sustainable development, supported and enabled by
technology, financing and capacity-building, in a measurable, reportable and verifiable
manner."55 42 developed countries have submitted mitigation targets to the UNFCCC
56
secretariat, as have 57 developing countries and the African Group (a group of
countries within the UN).57

VI. Copenhagen Accord and Cancun agreements

As part of the 2009 Copenhagen negotiations, a number of countries produced

the Copenhagen Accord.58The Accord states that global warming should be limited to

49 UNFCCC, Geneva, 2014

50 COP 2008
51 COP 2010, p.5
52 COP 2011
53 COP 2012
54 COP 2008, p.3
55 UNFCCC
56 Ibid
57 COP 2009, p. 7, para.12.
58 COP 2010,p. 5
below 2.0 °C (3.6 °F).59 This may be strengthened in 2015 with a target to limit
warming to below 1.5 °C.60The Accord does not specify what the baseline is for these
temperature. According to the UNFCCC, these targets are relative to pre-industrial
temperatures. 61

114 countries agreed to the Accord.62 The UNFCCC secretariat notes that "Some
Parties stated in their communications to the secretariat specific understandings on the
nature of the Accord and related matters, based on which they have agreed to the
Accord. " The Accord was not formally adopted by the Conference of the Parties.
Instead, the COP "took note of the Copenhagen Accord." 63 As part of the Cancun
agreements, developed and developing countries have submitted mitigation plans to the
UNFCCC.64These plans are compiled with those made as part of the Bali Action Plan.65

4. Classification of Parties and their Commitments

Parties to the UNFCCC are classified as:

 Annex I: There are 43 Parties to the UNFCCC listed in Annex I of the

Convention, including the European Union.66 These Parties are classified
as industrialized (developed) countries and "economies in transition" (EITs).67 The
Convention obliges them to reduce GHG emissions, to protect and to develop sinks
and to report the measures they take to prevent climate change and data about GHG
emissions.

 Annex II: Of the Parties listed in Annex I of the Convention, 24 are also listed
in Annex II of the Convention, including the European Union.68 These Parties are
made up of members of the Organization for Economic Cooperation and
Development (OECD). Annex II Parties are required to provide financial and
technical support to the EITs and developing countries to assist them in reducing

59 Ibid
60 COP 2009, p.7, para.12.
61 UNFCCC
62 COP 2010, p.5
63 Ibid
64 UNFCCC
65 Ibid
66 “List of Annex I Parties to the Convention”. UNFCCC
67 Parties and Observers, UNFCCC
68 Annex II, UNFCC
 their greenhouse gas emissions (climate change mitigation) and manage the impacts
of climate change (climate change adaptation).69

 Annex B: Parties listed in Annex B of the Kyoto Protocol are Annex I Parties
with first or second round Kyoto greenhouse gas emissions targets. The first round
targets apply over the years 2008-2012. As part of the 2012 Doha climate change
talks, an amendment to Annex B was agreed upon containing with a list of Annex I
Parties who have second-round Kyoto targets, which apply from 2013–2020. 70 The
amendments have not entered into force.

 Least-developed countries (LDCs): 47 Parties are LDCs, and are given special
status under the treaty in view of their limited capacity to adapt to the effects of
climate change.71

 Non-Annex I: Parties to the UNFCCC not listed in Annex I of the Convention

are mostly low-income72 developing countries.73 Developing countries may
volunteer to become Annex I countries when they are sufficiently developed.
5. Organization of Climate Change
a) IPCC (Intergovernmental Panel on Climate Change)
(IPCC) is a scientific and intergovernmental bodyunder the auspices of the United
Nations,74 set up at the request of member governments, dedicated to the task of
providing the world with an objective, scientific view of climate changeand its political
and economic impacts.75 It was first established in 1988 by two United Nations
organizations, the World Meteorological Organization (WMO) and the United Nations
Environment Programme (UNEP).
b) WMO (World Meteorological Organization)
The World Meteorological Organization (WMO) is a specialized agency of the
United Nations. It is the UN system's authoritative voice on the state and behavior of the

69 Ibid.,Parties and Observers, UNFCCC

70 UNFCC. Conference of the Parties as the meeting of the parties to the Kyoto Protocol (CMP), 2012.
71 Ibid.,Parties and Observers, UNFCCC
72 UNFCCC
73 Ibid.,Parties and Observers, UNFCCC
74 Intergovernmental Panel on Climate Change. 2010.
75 Weart, Spencer. "International Cooperation: Democracy and Policy Advice (1980s)", 2011
Earth's atmosphere, its interaction with the oceans, the climate it produces and the
resulting distribution of water resources.76
c) UNEP (United Nations Environment Programme)
(UNEP) is an agency of United Nations and coordinates its environmental
activities, assisting developing countries in implementing environmentally sound
policies and practices, as a result of the United Nations Conference on the Human
Environment (Stockholm Conference) in June 1972 and has overall responsibility for
environmental problems among United Nations agencies but international talks on
specialized issues, such as addressing climate change or combating desertification, are
overseen by other UN organizations, like the Bonn-based Secretariat of the United
Nations Framework Convention on Climate Change .

76 World Meteorological Organization. 2015.