“Evolution of Climate Change Regime”

Submitted by:

Nidhi Prakriti

B.B.A., LL.B. (Hons.), 2236

7th Semester, 4th Year.

Submitted to:

Mr. Hrishikesh Manu,

Assistant Professor of

Law

This final draft is submitted in fulfilment of project in Environment

Law for the completion of B.B.A., L.L.B. (Hons.) course.

Chanakya National Law University, Patna.

 INDEX

DECLARATION BY THE CANDIDATE............................................................................................3

ACKNOWLEDGMENT.......................................................................................................................4
Introduction...........................................................................................................................................5
AIM AND OBJECTIVE OF THE STUDY.......................................................................................6
HYPOTHESIS...................................................................................................................................6
RESERCH METHODOLOGY.........................................................................................................7
SOURCES OF DATA COLLECTION.............................................................................................7
LIMITATION OF THE STUDY.......................................................................................................7
SCOPE OF THE STUDY..................................................................................................................8
Climate Change: Causes and Consequences..........................................................................................9
Causes of Climate Change...............................................................................................................11
Effects of Climate Change...............................................................................................................13
Important International Agreements on Climate Change.....................................................................16
1. Montreal Protocol, 1987..........................................................................................................16
Success achieved to date and the job ahead.................................................................................17
2. UN Framework Convention on Climate Change (UNFCCC), 1992........................................18
3. Kyoto Protocol, 2005...............................................................................................................20
4. Paris Agreement, 2015.............................................................................................................22
5. UN Refugee Convention, 1951................................................................................................24
Analysis of the global consensus on combating climate change..........................................................26
Position of India..................................................................................................................................28
Conclusion...........................................................................................................................................30
Bibliography........................................................................................................................................31
Books...............................................................................................................................................31
Articles............................................................................................................................................31
Websites..........................................................................................................................................31

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 DECLARATION BY THE CANDIDATE

I, hereby declare that the work reported in the B.B.A., LL.B. (Hons.) Project Report title
“Climate Change and International Law” submitted at CHANAKYA NATIONAL LAW
UNIVERSITY, PATNA is an authentic record of my work carried out under the supervision
of Mr. Hrishikesh Manu. I have not submitted this work elsewhere for any other degree or
diploma. I am fully responsible for the contents of my Project Report.

(Signature of the Candidate)

NAME: NIDHI PRAKRITI

ROLL NO: 2236

COURSE: B.B.A., LL.B. (Hons.)

SEMESTER: 7th

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 ACKNOWLEDGMENT

I give all the honour and glory to God Almighty, who gave me the grace to complete this
project. I acknowledge with great appreciation, my professor, Mr. Hrishikesh Manu, for his
guidance and commitment to the success of this work, despite the large workload on his table.
I am grateful, sir.

I also appreciate with great joy my parents, the best parent on the face of the planet, who
ensures my success academically. Thank you for your support spiritually, financially and
morally.

I owe the present accomplishment of my project to our CNLU librarians, who helped me
immensely with materials throughout the project and without whom I couldn’t have
completed it in the present way.

I would also like to extend my gratitude to my friends and all those unseen hands that helped
me out at every stage of my project and for accommodating my trouble during the writing
period of this project. God bless you all.

THANK YOU,

NIDHI PRAKRITI

SEMESTER- 7th

CNLU, Patna

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5|Page
 Introduction

Climate change poses a daunting challenge and carbon emissions with warmer climate is
already being felt today. The nations and regions of the world experience the effects of
transformational challenge. In the 21st century the world could see the numbers of climate
migrants that the people displaced by slow or sudden onset of the effects of climate change.
Due to increased floods, drought desertification, sea level rise, environmental degradation etc.
the people who are forced to migrate, they are called environmental migrant or environmental
refugee or climate refugee or climate migrant etc. migration due to environmental changes is
not a new phenomenon, but the determining factors are often more economic, social and
political than purely environmental. United Nations, estimates that Indian ocean Tsunami
displaced 2.2 million people in 12 countries in 2004 and in Bangladesh, 4.4 million people
were displaced by cyclone and floods in 2007.

According to refugee international predicts, 200 million people will be displaced due to
climate change and natural disaster by 2050. When environmental problems increase with
economic, political and social such as loss of livelihood and lack of governmental safety. 1
The people have compelled to migrate. Climate change impacts both developing and
developed countries but the difference is that develop countries are well in finance to able,
prepare, respond and recover the effects of climate change and in developing countries that is
weak governance, political instability and financial insufficient. In 2010 earthquakes in Haiti,
and in recent today the Tsunami from Himalaya in Uttarakhand, India led to little loss of life
largely, and broken building which displaced Lakhs of people.

Human Development Report of the United Nations’ stated that, there are already an estimated
700 million people are internal migrants those leaving their homes within their own countries
and the migration across national borders is already at approximately 214 million people
worldwide with estimates 20 million people displaced due to rising sea level, desertification
and flooding in 2008.In 1990, the International panel on Climate Change (IPCC) noted that
climate change could impact on human migration that people displaced by shoreline erosion,
coastal flooding and agricultural disruption. The national disasters, ecosystems degradation,
government’s development plan, industrial accidents and war are other causes to displaced

1
http://www.humanitarianinfo.org/iasc/page4

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persons environmentally. The environmental refugees are driven by three major sources:
population growth, sea level rise and an increase in extreme weather events.

International Community has published the scientific aspects of climate change with the aim,
understanding and process. The climate change is solved humanitarian problems and
challenges. The United Nations High Commissioner for Refugees (UNHCR) encourages the
reflection on humanitarian and displacement challenges that climate change occurs. The legal
frame work for the protection of internally displaced persons (IDPs) have been made for
disasters of climate. Change displacement persons in developing countries.2

Climate change is wiped-out many schools, security, income and started the qualities among
the people. The Norwegian Refugee council indicated 20 million people have been displaced
by natural disasters in 2008 alone.3 Land becomes less productive due to temperature rise; the
food and energy will be cost and many diseases will be increased due to climate change.
Displacement deals with unpredictable disasters like cyclones, floods and mudslides. Due to
climate change, there are many serious global problems created such as disrupted weather
patterns, Violent storms, rising global temperatures and rising ocean levels. By this reasons
climate change is displaced people small poor family to rich whole population.

AIM AND OBJECTIVE OF THE STUDY

1. The researcher aims to understand the impact of climate change on environment.

2. The researcher aims to discuss different agreements on climate change.
3. The researcher aims to analyse the consensus among countries to combat climate
change.

HYPOTHESIS

The commitments made under Paris Agreement are not enough to tackle climate change at
global level.

2
http://www2.ohchr.org/english/issues/idp/standards.htm
3
Elverland, S,”20 million climate displaced in 2008,” Norwegian Refugee council, 8 June 2009.
on:http://www.nrc.no/? did= 9407544.

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 RESERCH METHODOLOGY

The researcher will do doctrinal type of research in which she will go through both the
primary and secondary sources. The researcher through this methodology will be able to get
an exact picture of the problem in question. The doctrinal method helps in doing a
comparative study of the topic. This methodology helps in going through not only the work of
one eminent person but of many other too. This helps in getting the bird’s eye view of the
subject.
The researcher plans to go through various writers and jurists to understand the concept of
Certiorari in depth.

SOURCES OF DATA COLLECTION

The researcher will collect data from primary as well as secondary sources.

The primary sources are:

1. Legislations
2. Case Laws

The secondary sources are:

1. Magazine
2. Journals
3. Books
4. Lectures

LIMITATION OF THE STUDY

Since the researcher is a student of law, she has access to a limited area. The historical need
and background are also necessary for having a bird’s eye view of the particular topic and it
gets developed only by effective and extended reading over a long period of time. But the
required materials are not available through the e-resource access of our library. The
researcher has a restricted access to the various reports and other form of relevant literature
but a huge portion of require literature is not available at the researcher’s disposal due to
limited access and paucity of time as well. But still researcher with her hard work will
manage to take out the best possible work.

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 SCOPE OF THE STUDY
This is such a vast topic that a book can be written on it, but because of restrictions and
limitations that abound, this project report deals with the issue in brevity. The researcher aims
to add recent judicial trends regarding this concept so as to contribute to the already existing
literature.

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 Climate Change: Causes and Consequences

Climate change is one of the major challenges of our time and adds considerable stress to our
societies and to the environment. From shifting weather patterns that threaten food
production, to rising sea levels that increase the risk of catastrophic flooding, the impacts of
climate change are global in scope and unprecedented in scale. Without drastic action today,
adapting to these impacts in the future will be more difficult and costly. This overview deals
with the concept of Global Climate Change, the associated terms, causes, consequences,
solutions and its potential health impact. It shows the need to act urgently if we are to avoid
an irreversible build-up of greenhouse gases (GHGs) and global warming at a potentially
huge cost to the economy and society worldwide. Therefore, addressing climate change
requires an “unprecedented level of cooperation, not only between countries, but also
between different levels of Governments, private sector and individuals.4

The evidence of climate change is compelling: sea levels are rising, glaciers are retreating,
precipitation patterns are changing, and the world is getting warmer. According to the Inter-
governmental Panel on Climate Change (IPCC)5, the current rate of greenhouse gas emissions
is likely to cause average temperatures to rise by 0.2˚C per decade, reaching by 2050 the
threshold of 2˚C above pre-industrial levels. Recent evidence suggests even more rapid
change, which will greatly, and in some cases irreversibly, affect not just people, but also
species and eco-systems.

Climate change is a serious risk to poverty reduction and could undo decades of development
efforts. While climate change is global, its negative impacts are more severely felt by poor
people and poor countries. They are more vulnerable because of their high dependence on
natural resources and limited capacity to cope with climate variability and extremes.
Restoring and maintaining key ecosystems can help communities in their adaptation efforts
and support livelihoods that depend upon the services of these ecosystems. Moving towards
low-carbon societies can help reduce greenhouse gas emissions, improving human health and
well-being and creating green jobs. Climate change is a fact of life. We need to act urgently if
we are to avoid an irreversible build-up of green-house gases (GHGs) and global warming at
a potentially huge cost to the economy and society worldwide. Organisation for Economic
Co-operation and

4
https://www.noaa.gov/education/resource-collections/climate/climate-change-impacts
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5
https://www.ipcc.ch/sr15/chapter/spm/

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Development (OECD)6 analysis suggests that if we act now, we have 10 to 15 years’
“breathing space” during which action is possible at a relatively modest cost. But every year
of delay reduces this breathing space, while requiring ever more stringent measures to make a
difference. Current financial turmoil is not a reason to delay. Indeed, its macroeconomic
consequences will be resolved in a relatively short time, after which growth will resume,
while the consequences of inaction on global warming will continue to grow more and more
costly over time.

Weather and Climate

Weather is the state of the atmosphere at a specific time in a specific place. Temperature,
cloudiness, humidity, precipitation, and winds are examples of weather elements.
Thunderstorms, tornadoes, and monsoons are also part of the weather of some places during
some seasons. Climate is defined as long-term weather patterns that describe a region. For
example, the New York metropolitan region’s climate is temperate, with rain evenly
distributed throughout the year, cold winters, and hot summers.

Climate variability and climate change

Climate variability refers to variations in the prevailing state of the climate on all temporal
and spatial scales beyond that of individual weather events. Variability may be due to natural
internal processes within the climate system, or to variations in natural or anthropogenic
(human-driven) external forcing. Global climate change indicates a change in either the mean
state of the climate or in its variability, persisting for several decades or longer. This includes
changes in average weather conditions on Earth, such as a change in average global
temperature, as well as changes in how frequently regions experience heat waves, droughts,
floods, storms, and other extreme weather. It is important to note that changes in individual
weather events will potentially contribute substantially to changes in climate variability.
Climate change could occur naturally as a result of a change in the sun’s energy or Earth’s
orbital cycle (natural climate forcing), or it could occur as a result of persistent anthropogenic
forcing, such as the addition of greenhouse gases, sulphate aerosols, or black carbon to the
atmosphere, or through land-use change.7

6
https://www.oecd.org/climate-change/
7
Journal of Geoscience and Environment Protection, 2014, 2, 114-122, http://www.scirp.org/journal/gep

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Climate System

Climate is a complex and interactive system. It consists of the atmosphere, land surface, snow
and ice, oceans and other water bodies, and living beings. Among these, the first component,
atmosphere characterizes climate. Various external factors influence the internal dynamics of
the Climate Systems and these include natural phenomena such as volcanic eruptions and
solar radiations, as well as human-induced changes in atmospheric composition. The entire
climate system gets the power and energy from the Sun. The radiation balance of the Earth
may get modified by three fundamental ways: 1) by changing the incoming solar radiation; 2)
by changing the fraction of solar radiation that is reflected (called “albedo”); and 3) by
altering the long wave radiation from Earth back towards space Climate, in turn, responds
directly to such changes, as well as indirectly, through a variety of feedback mechanisms.

Why “Global Warming” Is the Wrong Term

Global warming (as well as global cooling) refers specifically to any change in the global
average surface temperature. Global warming is often misunderstood to imply that the world
will warm uniformly. In fact, an increase in average global temperature will also cause the
circulation of the atmosphere to change, resulting in some areas of the world warming more,
others less. Some areas can even cool. Unfortunately, although it significantly misrepresents
what really happens, the term ‘global warming' is still often used by media and others to
describe climate change. Climate change is more than a warming trend (which is why the
term “global warming” is an inaccurate description of the phenomenon).

Causes of Climate Change8

 Generating power

Generating electricity and heat by burning fossil fuels causes a large chunk of global
emissions. Most electricity is still generated by burning coal, oil, or gas, which produces
carbon dioxide and nitrous oxide – powerful greenhouse gases that blanket the Earth and trap
the sun’s heat. Globally, a bit more than a quarter of electricity comes from wind, solar and
other renewable sources which, as opposed to fossil fuels, emit little to no greenhouse gases or
pollutants into the air.

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8
https://www.un.org/en/climatechange/science/causes-effects-climate-change

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  Manufacturing goods

Manufacturing and industry produce emissions, mostly from burning fossil fuels to produce
energy for making things like cement, iron, steel, electronics, plastics, clothes, and other goods.
Mining and other industrial processes also release gases, as does the construction industry.
Machines used in the manufacturing process often run-on coal, oil, or gas; and some
materials, like plastics, are made from chemicals sourced from fossil fuels. The
manufacturing industry is one of the largest contributors to greenhouse gas emissions
worldwide.

 Cutting down forests

Cutting down forests to create farms or pastures, or for other reasons, causes emissions, since
trees, when they are cut, release the carbon they have been storing. Each year approximately 12
million hectares of forest are destroyed. Since forests absorb carbon dioxide, destroying them
also limits nature’s ability to keep emissions out of the atmosphere. Deforestation, together
with agriculture and other land use changes, is responsible for roughly a quarter of global
greenhouse gas emissions.

 Using transportation

Most cars, trucks, ships, and planes run on fossil fuels. That makes transportation a major
contributor of greenhouse gases, especially carbon-dioxide emissions. Road vehicles account
for the largest part, due to the combustion of petroleum-based products, like gasoline, in
internal combustion engines. But emissions from ships and planes continue to grow. Transport
accounts for nearly one quarter of global energy-related carbon-dioxide emissions. And trends
point to a significant increase in energy use for transport over the coming years.

 Producing food

Producing food causes emissions of carbon dioxide, methane, and other greenhouse gases in
various ways, including through deforestation and clearing of land for agriculture and grazing,
digestion by cows and sheep, the production and use of fertilizers and manure for growing
crops, and the use of energy to run farm equipment or fishing boats, usually with fossil fuels.
All this makes food production a major contributor to climate change. And greenhouse gas
emissions also come from packaging and distributing food.

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 Powering buildings

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Globally, residential and commercial buildings consume over half of all electricity. As they
continue to draw on coal, oil, and natural gas for heating and cooling, they emit significant
quantities of greenhouse gas emissions. Growing energy demand for heating and cooling,
with rising air- conditioner ownership, as well as increased electricity consumption for
lighting, appliances, and connected devices, has contributed to a rise in energy-related carbon-
dioxide emissions from buildings in recent years.

 Consuming too much

Your home and use of power, how you move around, what you eat and how much you throw
away all contribute to greenhouse gas emissions. So does the consumption of goods such as
clothing, electronics, and plastics. A large chunk of global greenhouse gas emissions is linked
to private households. Our lifestyles have a profound impact on our planet. The wealthiest bear
the greatest responsibility: the richest 1 per cent of the global population combined account for
more greenhouse gas emissions than the poorest 50 per cent.

Effects of Climate Change9

 Hotter temperatures

As greenhouse gas concentrations rise, so does the global surface temperature. The last
decade, 2011-2020, is the warmest on record. Since the 1980s, each decade has been warmer
than the previous one. Nearly all land areas are seeing more hot days and heat waves. Higher
temperatures increase heat-related illnesses and make working outdoors more difficult. Wildfires
start more easily and spread more rapidly when conditions are hotter. Temperatures in the
Arctic have warmed at least twice as fast as the global average.

 More severe storms

Destructive storms have become more intense and more frequent in many regions. As
temperatures rise, more moisture evaporates, which exacerbates extreme rainfall and flooding,
causing more destructive storms. The frequency and extent of tropical storms is also affected
by the warming

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9
https://www.worldwildlife.org/threats/effects-of-climate-change

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ocean. Cyclones, hurricanes, and typhoons feed on warm waters at the ocean surface. Such
storms often destroy homes and communities, causing deaths and huge economic losses.

 Increased drought

Climate change is changing water availability, making it scarcer in more regions. Global
warming exacerbates water shortages in already water-stressed regions and is leading to an
increased risk of agricultural droughts affecting crops, and ecological droughts increasing the
vulnerability of ecosystems. Droughts can also stir destructive sand and dust storms that can
move billions of tons of sand across continents. Deserts are expanding, reducing land for
growing food. Many people now face the threat of not having enough water on a regular basis.

 A warming, rising ocean

The ocean soaks up most of the heat from global warming. The rate at which the ocean is
warming strongly increased over the past two decades, across all depths of the ocean. As the
ocean warms, its volume increases since water expands as it gets warmer. Melting ice sheets
also cause sea levels to rise, threatening coastal and island communities. In addition, the ocean
absorbs carbon dioxide, keeping it from the atmosphere. But more carbon dioxide makes the
ocean more acidic, which endangers marine life and coral reefs.

 Loss of species

Climate change poses risks to the survival of species on land and in the ocean. These risks
increase as temperatures climb. Exacerbated by climate change, the world is losing species at a
rate 1,000 times greater than at any other time in recorded human history. One million species
are at risk of becoming extinct within the next few decades. Forest fires, extreme weather, and
invasive pests and diseases are among many threats related to climate change. Some species
will be able to relocate and survive, but others will not.

 Not enough food

Changes in the climate and increases in extreme weather events are among the reasons behind
a global rise in hunger and poor nutrition. Fisheries, crops, and livestock may be destroyed or
become less productive. With the ocean becoming more acidic, marine resources that feed
billions of people are at risk. Changes in snow and ice cover in many Arctic regions have
disrupted food supplies from
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herding, hunting, and fishing. Heat stress can diminish water and grasslands for grazing,
causing declining crop yields and affecting livestock.

 More health risks

Climate change is the single biggest health threat facing humanity. Climate impacts are
already harming health, through air pollution, disease, extreme weather events, forced
displacement, pressures on mental health, and increased hunger and poor nutrition in places
where people cannot grow or find sufficient food. Every year, environmental factors take the
lives of around 13 million people. Changing weather patterns are expanding diseases, and
extreme weather events increase deaths and make it difficult for health care systems to keep
up.

 Poverty and displacement

Climate change increases the factors that put and keep people in poverty. Floods may sweep
away urban slums, destroying homes and livelihoods. Heat can make it difficult to work in
outdoor jobs. Water scarcity may affect crops. Over the past decade (2010–2019), weather-
related events displaced an estimated 23.1 million people on average each year, leaving many
more vulnerable to poverty. Most refugees come from countries that are most vulnerable and
least ready to adapt to the impacts of climate change.10

10
Ginoya, Namrata, Uttara Narayan, and Jesse Worker. 2019. As India Revises State Climate Plans, Who Should
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Have a Voice? World Resources Institute blog, July 25, 2019.

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 Important International Agreements on Climate Change

Over the last several decades, governments have collectively pledged to slow global
warming. But despite intensified diplomacy, the world could soon face devastating
consequences of climate change.

Through the Kyoto Protocol and the Paris Agreement, countries agreed to reduce greenhouse
gas emissions, but the amount of carbon dioxide in the atmosphere keeps rising, heating the
Earth at an alarming rate. Scientists warn that if this warming continues unabated, it could
bring environmental catastrophe to much of the world, including staggering sea-level rise,
record- breaking droughts and floods, and widespread species loss. 11

Dozens of countries made new commitments during a UN climate conference known as

COP26 in November 2021. Still, experts, activists, and citizens remain concerned that these
pledges are not ambitious enough.

1. Montreal Protocol, 1987

Though not intended to tackle

climate change, the Montreal
Protocol was a historic
environmental accord that
became a model for future
diplomacy on the issue. Every country in the world eventually ratified the treaty, which
required them to stop producing substances that damage the ozone layer, such as
chlorofluorocarbons (CFCs). The protocol has succeeded in eliminating nearly 99 percent of
these ozone-depleting substances. In 2016, parties agreed via the Kigali Amendment to also
reduce their production of hydrofluorocarbons (HFCs), powerful greenhouse gases that
contribute to climate change.

The Montreal Protocol on Substances that Deplete the Ozone Layer is the landmark
multilateral environmental agreement that regulates the production and consumption of
nearly 100 man- made chemicals referred to as ozone depleting substances (ODS).
When released to the

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11
https://www.iberdrola.com/sustainability/international-agreements-on-climate-change

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atmosphere, those chemicals damage the stratospheric ozone layer, Earth’s protective shield
that protects humans and the environment from harmful levels of ultraviolet radiation from
the sun. Adopted on 16 September 1987, the Protocol is to date the only UN treaty ever that
has been ratified every country on Earth - all 198 UN Member States.12

The Montreal Protocol phases down the consumption and production of the different ODS in
a step-wise manner, with different timetables for developed and developing countries
(referred to as “Article 5 countries”). Under this treaty, all parties have specific
responsibilities related to the phase out of the different groups of ODS, control of ODS trade,
annual reporting of data, national licensing systems to control ODS imports and exports, and
other matters. Developing and developed countries have equal but differentiated
responsibilities, but most importantly, both groups of countries have binding, time-targeted
and measurable commitments.

The Protocol includes provisions related to Control Measures (Article 2), Calculation of
control levels (Article 3), Control of trade with non-Parties (Article 4), Special situation of
developing countries (Article 5), Reporting of data (Article 7), Non-compliance (Article 8),
Technical assistance (Article 10), as well as other topics.

The treaty evolves over time in light of new scientific, technical and economic developments,
and it continues to be amended and adjusted. The Meeting of the Parties is the governance
body for the treaty, with technical support provided by an Open-ended Working Group, both
of which meet on an annual basis. The Parties are assisted by the Ozone Secretariat, which is
based at UN Environment Programme headquarters in Nairobi, Kenya.

Success achieved to date and the job ahead

With the full and sustained implementation of the Montreal Protocol, the ozone layer is
projected to recover by the middle of this century. Without this treaty, ozone depletion would
have increased tenfold by 2050 compared to current levels, and resulted in millions of
additional cases of melanoma, other cancers and eye cataracts. It has been estimated, for
example, that the Montreal Protocol is saving an estimated two million people each year by
2030 from skin cancer.13

12
https://www.unep.org/ozonaction/who-we-are/about-montreal-protocol
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13
https://www.cfr.org/backgrounder/paris-global-climate-change-agreements

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To date, the Parties to the Protocol have phased out 98% of ODS globally compared to 1990
levels. Because most of these substances are potent greenhouse gases, the Montreal Protocol
is also contributing significantly to the protection of the global climate system. From 1990 to
2010, the treaty’s control measures are estimated to have reduced greenhouse gas emissions
by the equivalent of 135 gigatons of CO2, the equivalent of 11 gigatons a year.

Under the Kigali Amendment, actions to limit the use of HFCs under the Montreal Protocol is
expected to prevent the emissions of up to 105 million tonnes of carbon dioxide equivalent of
greenhouse gases, helping to avoid up to 0.5 degree Celsius of global temperature rise by
2100
– a truly unparalleled contribution to climate mitigation efforts, and the single largest
contribution the world has made towards keeping the global temperature rise "well below" 2
degrees Celsius, a target agreed at the Paris climate conference.

The Montreal Protocol also makes important contributions to the realization of the UN
Sustainable Development Goals.

2. UN Framework Convention on Climate Change (UNFCCC), 1992

Ratified by 197 countries, including the United States, the landmark accord was the first
global treaty to explicitly address climate change. It established an annual forum, known as
the Conference of the Parties, or COP, for international discussions aimed at stabilizing the
concentration of greenhouse gases in the atmosphere. These meetings produced the Kyoto
Protocol and the Paris Agreement.14

The UNFCCC entered into force on 21 March 1994. Today, it has near-universal
membership. The 198 countries that have ratified the Convention are called Parties to the
Convention. Preventing “dangerous” human interference with the climate system is the
ultimate aim of the UNFCCC.15

The Convention:

 Recognized that there was a problem.

14
https://unfccc.int/

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15
https://enb.iisd.org/negotiations/un-framework-convention-climate-change-unfccc

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This was remarkable for its time. Remember, in 1994, when the UNFCCC took effect, there
was less scientific evidence than there is now. The UNFCCC borrowed a very important line
from one of the most successful multilateral environmental treaties in history (the Montreal
Protocol, in 1987): it bound member states to act in the interests of human safety even in the
face of scientific uncertainty.

 Sets a lofty but specific goal.

The ultimate objective of the Convention is to stabilize greenhouse gas concentrations "at a
level that would prevent dangerous anthropogenic (human induced) interference with the
climate system." It states that "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."

 Puts the onus on developed countries to lead the way.

The idea is that, as they are the source of most past and current greenhouse gas emissions,
industrialized countries are expected to do the most to cut emissions on home ground. They
are called Annex I countries and belong to the Organization for Economic Cooperation and
Development (OECD). They include 12 countries with "economies in transition" from
Central and Eastern Europe. Annex I countries were expected by the year 2000 to reduce
emissions to 1990 levels. Many of them have taken strong action to do so, and some have
already succeeded.

 Directs new funds to climate change activities in developing countries.

Industrialized nations agree under the Convention to support climate change activities in
developing countries by providing financial support for action on climate change-- above and
beyond any financial assistance they already provide to these countries. A system of grants
and loans has been set up through the Convention and is managed by the Global Environment
Facility. Industrialized countries also agree to share technology with less-advanced nations.16

 Kicks off formal consideration of adaptation to climate change.

The Convention acknowledges the vulnerability of all countries to the effects of climate
change and calls for special efforts to ease the consequences, especially in developing
countries which

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16
https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-7&chapter=27&clang=_en

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lack the resources to do so on their own. In the early years of the Convention, adaptation
received less attention than mitigation, as Parties wanted more certainty on impacts of and
vulnerability to climate change. When IPCC's Third Assessment Report was released,
adaptation gained traction, and Parties agreed on a process to address adverse effects and to
establish funding arrangements for adaptation. Currently, work on adaptation takes place
under different Convention bodies. The Adaptation Committee, which Parties agreed to set
up under the Cancun Adaptation Framework as part of the Cancun Agreements, is a major
step towards a cohesive, Convention-based approach to adaptation.

3. Kyoto Protocol, 2005

The Kyoto Protocol, adopted in 1997 and entered into force in 2005, was the first legally
binding climate treaty. It required developed countries to reduce emissions by an average of 5
percent below 1990 levels, and established a system to monitor countries’ progress. But the
treaty did not compel developing countries, including major carbon emitters China and India,
to take action. The United States signed the agreement in 1998 but never ratified it and later
withdrew its signature. 17

The Kyoto Protocol was adopted on 11 December 1997. Owing to a complex ratification
process, it entered into force on 16 February 2005. Currently, there are 192 Parties to the
Kyoto Protocol. In short, the Kyoto Protocol operationalizes the United Nations Framework
Convention on Climate Change by committing industrialized countries and economies in
transition to limit and reduce greenhouse gases (GHG) emissions in accordance with agreed
individual targets. The Convention itself only asks those countries to adopt policies and
measures on mitigation and to report periodically.

The Kyoto Protocol is based on the principles and provisions of the Convention and follows
its annex-based structure. It only binds developed countries, and places a heavier burden on
them under the principle of “common but differentiated responsibility and respective
capabilities”, because it recognizes that they are largely responsible for the current high levels
of GHG emissions in the atmosphere.18 In its Annex B, the Kyoto Protocol sets binding
emission reduction targets for 37 industrialized countries and economies in transition and the
European

17
https://unfccc.int/process-and-meetings/the-kyoto-protocol/what-is-the-kyoto-protocol/kyoto-protocol-targets-
for-the-first-commitment-period
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18
https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=XXVII-7-a&chapter=27&clang=_en

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Union. Overall, these targets add up to an average 5 per cent emission reduction compared to
1990 levels over the five-year period 2008–2012 (the first commitment period).

The Kyoto Mechanisms

One important element of the Kyoto Protocol was the establishment of flexible market
mechanisms, which are based on the trade of emissions permits. Under the Protocol,
countries must meet their targets primarily through national measures. However, the Protocol
also offers them an additional means to meet their targets by way of three market-based
mechanisms:

• International Emissions Trading

• Clean Development Mechanism (CDM)

• Joint implementation (JI)

These mechanisms ideally encourage GHG abatement to start where it is most cost-effective,
for example, in the developing world. It does not matter where emissions are reduced, as long
as they are removed from the atmosphere. This has the parallel benefits of stimulating green
investment in developing countries and including the private sector in this endeavour to cut
and hold steady GHG emissions at a safe level. It also makes leap-frogging—that is, the
possibility of skipping the use of older, dirtier technology for newer, cleaner infrastructure
and systems, with obvious longer-term benefits—more economical.19

Monitoring emission targets

The Kyoto Protocol also established a rigorous monitoring, review and verification system, as
well as a compliance system to ensure transparency and hold Parties to account. Under the
Protocol, countries' actual emissions have to be monitored and precise records have to be kept
of the trades carried out.

Registry systems track and record transactions by Parties under the mechanisms. The UN
Climate Change Secretariat, based in Bonn, Germany, keeps an international transaction log
to verify that transactions are consistent with the rules of the Protocol. Reporting is done by
Parties by submitting annual emission inventories and national reports under the Protocol at

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19
https://unfccc.int/process/the-kyoto-protocol/mechanisms

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regular intervals. A compliance system ensures that Parties are meeting their commitments
and helps them to meet their commitments if they have problems doing so.

The Kyoto Protocol, like the Convention, is also designed to assist countries in adapting to
the adverse effects of climate change. It facilitates the development and deployment of
technologies that can help increase resilience to the impacts of climate change. The
Adaptation Fund was established to finance adaptation projects and programmes in
developing countries that are Parties to the Kyoto Protocol. In the first commitment period,
the Fund was financed mainly with a share of proceeds from CDM project activities. In
Doha, in 2012, it was decided that for the second commitment period, international emissions
trading and joint implementation would also provide the Adaptation Fund with a 2 percent
share of proceeds.

4. Paris Agreement, 2015

The most significant global climate agreement to date, the Paris Agreement requires all
countries to set emissions-reduction pledges.20 Governments set targets, known as nationally
determined contributions (NDCs), with the goals of preventing the global average
temperature from rising 2°C (3.6°F) above preindustrial levels and pursuing efforts to keep it
below 1.5°C (2.7°F). It also aims to reach global net-zero emissions, where the amount of
greenhouse gases emitted equals, the amount removed from the atmosphere, in the second
half of the century. (This is also known as being climate neutral or carbon neutral.)

Every five years, countries are supposed to assess their progress toward implementing the
agreement through a process known as the global stocktake; the first is planned for 2023.
Countries set their own targets, and there are no enforcement mechanisms to ensure they
meet them. 21

The United States, the world’s second-largest emitter, was the only country to withdraw from
the accord, a move by former President Donald Trump that took effect in November 2020.
However, President Joe Biden re-entered the United States into the agreement during his first
months in office. A few countries have not formally approved the agreement: Eritrea, Iran,
Iraq, Libya, and Yemen.

20
https://unfcccc.int/process-and-meetings/the-paris-agreement/the-paris-agreement
21
Annalisa Savaresi, "The Paris Agreement: a new beginning?", Journal of Energy & Natural Resources Law. 34

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(1): 16–26 (2016).

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The Paris Agreement is a short agreement with 16 introductory paragraphs and 29 articles. It
contains procedural (e.g., the criteria for entry into force) and operational articles (mitigation,
adaptation and finance). It is a binding agreement, but many of its articles do not imply
obligations or are there to facilitate international collaboration.15 It covers most greenhouse
gas emissions, but does not apply to international aviation and shipping, which fall under the
responsibility of the International Civil Aviation Organization and the International Maritime
Organization, respectively.

Importance of the Agreement

Rarely is there a consensus among nearly all nations on a single topic. But with the Paris
Agreement, leaders from around the world collectively agreed that climate change is driven
by human behaviour, that it’s a threat to the environment and all of humanity, and that global
action is needed to stop it. It also created a clear framework for all countries to make
emissions reduction commitments and strengthen those actions over time. Here are some key
reasons why the agreement is so important:

 Human-generated emissions cause global warming - Carbon dioxide, nitrous oxide,

and methane are gases that collect in the atmosphere and prevent heat from radiating
from earth’s surface into space, creating what’s known as the greenhouse effect.
According to the Intergovernmental Panel on Climate Change (IPCC), the
concentration of these heattrapping gases has increased substantially since
preindustrial times to levels not seen in at least 800,000 years. The IPCC says it’s
“extremely likely” that these emissions are mostly to blame for the rise in global
temperatures since the 1950s. Meanwhile, deforestation and forest degradation have
contributed significantly to global carbon emissions as well.22

 Global warming threatens climate systems - Hotter temperatures, both on land and at
sea— alter global weather patterns and change how and where precipitation falls.
Those shifting patterns exacerbate dangerous and deadly drought, heat waves, floods,
wildfires, and storms, including hurricanes. They also melt ice caps, glaciers, and
layers of permafrost, which can lead to rising sea levels and coastal erosion. Warmer

22
Climate Change 2013: The Physical Science Basis, IPCC (2013),
http://www.climatechange2013.org/images/report/WG1AR5_SummaryVolume_FINAL.pdf

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 temperatures impact whole ecosystems as well, throwing migration patterns and life
cycles out of whack.23

 Climate change endangers human health - As climate change fuels temperature

increases and extreme weather events, it jeopardizes our air, water, and food; spreads
disease; and imperils our homes and safety. Extreme heat contributes directly to
cardiovascular deaths and respiratory disease. In the Indian city of Ahmedabad, for
example, more than 1,300 excess deaths were recorded during a heat wave in May
2010. Changing weather patterns can impact sources of fresh water and food. While
drought creates water scarcity, floods can contaminate drinking water supplies,
increasing the risk of water-borne diseases and illnesses spread by disease-carrying
insects, such as mosquitoes. Extreme weather and rising seas can destroy homes,
public infrastructure, and entire ways of life—forcing people to move or migrate,
displacing whole populations, and increasing the threat of civil unrest.

 Global warming can be mitigated only with global action - The IPCC notes that
climate change will be limited only by “substantial and sustained reductions in
greenhouse gas emissions.” To avoid major changes to life as we know it, global
action must be taken. At the Paris climate conference, all countries committed to a
target of keeping the temperature change to well below 2 degrees and to make efforts
to prevent a change greater than 1.5 degrees.24

5. UN Refugee Convention, 1951

The term ecological refugees include with environmental refugees or climate refugees and
categories of displaced persons fleeing various industrial and chemical hazards. Essam El
Hinawi, defines environment disruption as “any physical, Chemical or Biological changes in
the ecosystem temporarily or permanently unsuitable to support human life”.

The UN talks about ecological refugees, that 25 million people who have been forced to leave
their homes because in their own environment the degradation of nature, the draught,
flooding and the desertification makes living impossible. It is the hand of men that the
building of great

23
Paris Climate Agreement: Everything You Need to Know, NRDC, Melissa Denchak (Feb. 19, 2021),
https://www.nrdc.org/stories/paris-climate-agreement-everything-you-need-know

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24
Future Climate Changes, Risks and Impacts, IPCC, https://ar5-syr.ipcc.ch/topic_futurechanges.php#node21

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dams, the contamination from mining and oil extraction, the devastation caused by the mono-
cultures for export and the fevers of wild urbanization.25

The word refugee is a legal term. there are many steps have been taken for refugees in the
1951 refugee convention, the 1961 OAU convention or UNCHR’s mandate. Some states and
NGO’S have suggested that the 1951 Refugee convention should be amended to include
people who have been displaced across borders as a result of long-term climate change or
sudden natural disasters. Refugee term applies on International crossed border people. there
are difficulties climate change as persecution entails violations of human rights that are
serious either their inherent nature or their repetition. Although adverse climate impacts such
as rising in sea levels, salination and increases in the frequency and severity of extreme
weather events such as storms, cyclone and floods are harmful.26

25
Westra, Laura, 2009, Environmental Justice and the rights of ecological refugees, Earth Scan, London, UK
26
IPCC, climate change: The IPCC scientific Assessment, note 8 above, 7 (fn omitted); IPCC, climate change
2007: synthesis Report, note 8 above, 5;6;12;13.

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 Analysis of the global consensus on combating climate change

Yes, there is a broad consensus among the scientific community, though some deny that
climate change is a problem, including politicians in the United States.27 When negotiating
teams meet for international climate talks, there is “less scepticism about the science and
more disagreement about how to set priorities,” says David Victor, an international relations
professor at the University of California, San Diego. The basic science is that:

 the Earth’s average temperature is rising at an unprecedented rate;

 human activities, namely the use of fossil fuels—coal, oil, and natural gas—are the
primary drivers of this rapid warming and climate change; and,
 continued warming is expected to have harmful effects worldwide.

Data taken from ice cores shows that the Earth’s average temperature is rising more now than
it has in eight hundred thousand years. Scientists say this is largely a result of human
activities over the last 150 years, such as burning fossil fuels and deforestation. These
activities have dramatically increased the amount of heat-trapping greenhouse gases,
primarily carbon dioxide, in the atmosphere, causing the planet to warm.

Ever since the first climate talks in the 1990s, officials have debated which countries—
developed or developing—are more to blame for climate change and should therefore curb
their emissions. Developing countries argue that developed countries have emitted more
greenhouse gases over time. They say these developed countries should now carry more of
the burden because they were able to grow their economies without restraint. Indeed, the
United States has emitted the most of all time, followed by the European Union (EU).

However, China and India are now among the world’s top annual emitters, along with the
United States. Developed countries have argued that those countries must do more now to
address climate change.28

In the context of this debate, major climate agreements have evolved in how they pursue
emissions reductions. The Kyoto Protocol required only developed countries to reduce

27
https://www.politico.com/story/2018/03/07/trump-climate-change-deniers-443533
28
Pledges And Targets, Climate Action Tracker, https://climateactiontracker.org/countries/india/pledges-and-
targets/

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emissions, while the Paris Agreement recognized that climate change is a shared problem and
called on all countries to set emissions targets.

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 Position of India

India’s commitment to address climate change did not emerge from the coming up of the
UNFCCC or the Paris Agreement. The age-old traditions and customs of this country have
made it inherent for the people to grow and prosper along with nature and to respect and
appreciate it for all that it gives. Therefore, India despite having no binding mitigation
obligations as per the Convention, declared a voluntary goal of reducing the emission
intensity of its GDP by 20-25% over 2005 levels, by 2020.29 Through various administrative,
regulatory and policy measures adopted by the government, it has been able to reduce its
emission intensity of its GDP by 12% between 2005 and 2010. In view of this, the United
Nations Environment Programme (UNEP) in its Emission Gap Report 2014 has recognized
India as one of the countries that is working very well on its course to achieving its voluntary
goals to mitigate climate change. India’s well-designed policy on climate change has been the
backbone of its strong commitments and actions towards the mitigation of and adaptation to
climate change at the international level.

India’s INDC aims at establishing an effective, cooperative and equitable global architecture
based on climate justice and the principles of equity, CBDR and respective capabilities
enshrined under the UNFCCC.41 The two suggestions made by India at the Paris COP 21
negotiations - the concept of climate justice and the need for promoting sustainable lifestyle
and sustainable patterns of consumption and production amongst people – were made part of
the final text of the Paris Agreement. The country has communicated that it would reduce the
emission intensity of its GDP by 33 to 35% by 2030 from 2005 levels. 30 This is indeed a
remarkable initiative for a developing country that has to look after the developmental needs
of a huge population most of them are struggling with social and economic problems of
poverty, malnutrition, illiteracy and unemployment. In addition to this, the country has
promised to create an additional carbon sink of 2.5 to 3 billion tonnes of CO2 equivalent
through additional forest and tree cover by 2030.31

The various schemes and plans of the government aim at building climate resilient
technologies and moving the economy from being coal based to a more efficient and
renewable energy

29
India’s Intended Nationally Determined Contribution: Working Towards Climate Justice P 8
http://www4.UNFCCCc.int/submissions/INDC/Published%20Documents/India/1/INDIA%20INDC%20TO%20
UNFCCCC.pdf
30
The Paris Agreement, Article 3.
31
Pledges And Targets, Climate Action Tracker, https://climateactiontracker.org/countries/india/pledges-and-
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targets/

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economy. The country’s development initiatives do not merely focus on usual ways of
development but truly integrate its developmental goals to ensure sustainability. It is quite
evident from the governmental initiatives that the value given to environmental
considerations in the policy measures has increased. Environmental well-being is increasingly
being imbibed in the national planning and its developmental designs. India was the only
major G20 country that was on track towards keeping to its nationally determined
commitments to halt runaway global warming. It had achieved 21% of its emissions intensity
as a proportion of its GDP in line with its commitment to a 33-35% reduction by 2030.

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 Conclusion

Climate change is not a scientific issue. The Human displacement scenario is caused by
climate change aid to identify and fill any legal and operational gaps. There is little analysis
of the relationship between climate change, environment degradation armed conflict,
displacement and migration. The environmental hot-spots where displacement is most likely
to be a feature identified by the people who are most adversely affected by climate change.
Environmental degradation is acting as a driver of social and political conflict.

UNHCR is convinced that additional international funding will not only be needed to help
states mitigate the impact of climate change, but also to adopt adaption strategies and
humanitarian response at national level. The preventive and adoption activities at the local
level should be supported by affected states and the broader international community
including UN system and the international financial institutions.

States, IGOS and NGOs need to come together to agree on their response roles and
responsibilities in a burden sharing context. In the case of cross border movements, human
rights of those affected, their status should be paramount. The traditional refugee framework,
state migration management systems might provide for the entry and temporary protection of
people who are affected by climate change, natural disasters. UNHCR has introduced
activities and programmes aimed at mitigating the environmental impact of refugee and IDP
populations and promoting adaption. UNCHR has produced a set of environmental guidelines
which are based on four key principles, prevention, participation, integration and
effectiveness.

Legal and policy responses have to involve in migration strategy adaption need for economic,
family and educational migration. Localized or regional responses need for affected
population particularly who should move. Managed International Migration may provide a
safer and more secure mechanism for people to move away from the longer-term effects of
climate change. People need International Protection. Managed migration is better suited to
slow- onset climate change impacts which will be designed for temporary protection of
sudden disasters. Critically policy responses to climate related movement must not operate in
a vacuumed to be effective complement policies relating to development, housing, family
planning and the carrying capacity of particular environments.

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48 | P a g e
 Bibliography

Books
 Environment Law: A Very Short Introduction by Elizabeth Fisher
 The Implementation of the Paris Agreement on Climate Change (Law, Ethics and
Governance), Vesselin Popovski, 1st edition, 2018.
 The Paris Agreement on Climate Change: A Commentary, Geert Van Calster, 2017

Articles
 Berbés-Blázquez, M., Mitchell, C. L., Burch, S. L., & Wandel, J. (2017).
Understanding climate change and resilience: assessing strengths and opportunities
for adaptation in the Global South. Climatic Change, 141(2), 227-241.
 Hilmi N. et al. (eds.) (2015). Bridging the Gap Between Ocean Acidification Impacts
and Economic Valuation: Regional Impacts of Ocean Acidification on Fisheries and
Aquaculture. Gland, Switzerland: I UCN.
 Annalisa Savaresi, "The Paris Agreement: a new beginning?", Journal of Energy &
Natural Resources Law. 34 (1): 16–26 (2016).
 Daniel Bodansky, "The Legal Character of the Paris Agreement", Review of
European, Comparative & International Environmental Law. 25 (2): 142–150 (2016)

Websites
 Paris Climate Agreement: Everything You Need to Know, NRDC, Melissa Denchak
(Feb. 19, 2021), https://www.nrdc.org/stories/paris-climate-agreement-everything-
you-need-know
 Pledges And Targets, Climate Action Tracker,
https://climateactiontracker.org/countries/india/pledges-and-targets/
 Committee on Climate Change. (2015). The good, the bad and the ugly of the Paris
Agreement – Committee on Climate Change,
https://www.theccc.org.uk/2015/12/21/the-good-the-bad-and-the-ugly-of-the-paris-
agreement/

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