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COMMON BUT DIFFERENTIATED RESPONSIBILITY: THE NEED FOR HOUR FOR CLIMATE CHANGE

INTRODUCTION

The first oath for the need of the hour as the climate change was the call by the evolution & set up of The United Nations Organisation (herein referred to UN organization). The United Nations was established through the evolution of the Woodrow Wilson Chair[1], which was established for the study of related issues of law, politics, ethics, and economics that are raised by the prospect of a League of Nations, as well as for a truer understanding of civilizations other than those that existed at the time. The Department of the International Politics (had to go through tremendous works to get the name as it was a dynamic and nascent discipline) was the first of its kind in the world, was established at the University College of Wales. The international reaction to scientific warnings concerning the impact of manmade greenhouse gas (GHG) emissions on climate change resulted in the UN Framework Convention on Climate Change (UNFCCC) being negotiated in record time.

CLIMATE HAS CHANGED EARTH’S HISTORY

The establishment of the United Nations Organization has resulted in significant changes in the world’s troops and infrastructure. Since then, the pursuit of international peace and security has been a work in progress. The United Nations Organization’s ultimate goal is to prevent human intervention with the climate system. The United Nations Framework Convention on Climate Change is also a key element of the UN Organization (herein referred to as UNFCCC). The United Nations Framework Convention on Climate Change[2] is an intergovernmental convention aimed at resolving the issue of climate change.

The relation is of long transit with its sister RIO CONVENTIONS[3] which was adopted in the Rio Earth Summit, 1992. The Rio Conventions are the United Nations Convention on Biological Diversity and the Convention to Combat Desertification. The evolution process of the UNFCCC has been proved to be remarkable in the history of the world and the climate. The UNFCCC’s evolution has been described as “exceptional” in the history of the globe and climate change. It was effective when they launched the protocol that states must act in the interest of human safety, notwithstanding the scientific ambiguity of the global spirit.

LEGAL FRAMEWORK

However, there is a catch: the treaty is not legally binding. The pact does not bind individual nations’ greenhouse gas emission limitations and does not include any enforcement measures. However, the treaty establishes a framework for drafting special international treaties, known as protocols, that may impose enforceable obligations on states.

There was worry throughout the Convention’s discussions that these promises would be insufficiently specific to adequately address the impact of anthropogenic emissions on climate change. The Ad Hoc Group on the Berlin Mandate has asked all Parties to the Convention to join in its deliberations for a new legal instrument.

KYOTO PROTOCOL

They have also negotiated the Kyoto Protocol[4], which was initially agreed upon in Kyoto, Japan, in December 1997. The Protocol[5] requires and obligates industrialized nations to reduce their greenhouse gas emissions. The Kyoto Protocol is signed by 192 countries out of the world’s 195. It was signed into law in December 1997.

It went into effect in February 2005, after a lengthy ratification procedure. The Kyoto Protocol is all about putting the UNFCCC into action. This treaty binds industrialized nations to reduce and limiting greenhouse gas (GHG) emissions[6] following pre-determined individual objectives. This treaty requires these countries to establish mitigation policies and actions, as well as to report on their progress. Because it accepts that industrialized countries are mostly to blame for the current high levels of GHG emissions in the atmosphere, it has bound them together and imposed a greater burden on them under the idea of “common but differentiated responsibility and separate capacities.”

STRUGGLES

  1. It all began because of Greta Thunberg[7] ‘s God-given natural ability, which allows her to think from a distinct perspective; she only talks when required, and the words she utters have some significance attached to them. She once saw a video about climate change and was upset by it since she initially believed she couldn’t do anything about it.
  2. Hundreds of flames had ignited in New South Wales, Australia, leading the government to proclaim a state of emergency in November of this year. The potential impact on animals is severe since there would be no way of knowing how bad things are for years. Some ecosystems, such as eucalyptus forests, are vulnerable to fires and will recover. However, Kolden points out that Australia has patches of vegetation that are home to a variety of species. Australia is no stranger to firestorms. The weather is generally hot and dry, similar to that of California or the Mediterranean. The trees in Australia’s eucalyptus forests have a peculiar connection with the fire in that they rely on it to discharge their seeds.

COMMON BUT DIFFERENTIATED RESPONSIBILITY

“The global nature of climate change necessitates the broadest possible cooperation and participation by all countries in an effective and appropriate international response, following they’re shared but differentiated responsibilities, respective capabilities, and social and economic conditions.”

The concept of Common but Differentiated Obligations and Respective Capacities (CBDR–RC) of the United Nations Framework Convention on Climate Change acknowledges the varying capacities and obligations of different nations in addressing climate change.

New South Wales is a state in southeast Australia known for its coastal cities and national parks. The parties have since modified their minds, allowing nations to decide their own “contribution” to reducing GHG emissions. The “common” is something that would influence all nations in some form or another throughout the rest of the globe. This new climate accord will be “universal,” meaning it will apply to everyone. The idea would strike a compromise between the necessity for all governments to share responsibility for global environmental issues and the need to acknowledge the significant disparities in economic growth among them.

Author’s Name: Aditi Dehal (Himachal Pradesh National Law University, Shimla)

[1] The main holder of the Woodrow Wilson Chair was Alfred Zimmern.

[2].This was ground-breaking at the time. Remember that there was less scientific evidence in 1994 when the UNFCCC went into force than there is now. The UNFCCC adopted a key phrase from one of the most successful multilateral environmental accords in history (the Montreal Protocol, signed in 1987): it obligated member states to act in the interests of human safety, even if scientific doubt existed.

[3] The secretariats of the biodiversity, climate change, and desertification conventions, as well as the Global Environment Facility, are joining forces under the Rio Conventions Pavilion at the United Nations Conference on Sustainable Development (Rio+20) to promote implementation of these three multilateral environmental agreements on sustainable development.

[4] 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

[5]For the first commitment period, this protocol was extremely effective, reducing emissions by 5% on average compared to 1990s levels in the first commitment period of 2008-2012. Parties agreed to cut GHG emissions by at least 18% below 1990 levels during the next eight years, from 2013 to 2020, for the second commitment period.

[6] Greenhouse gases trap heat and raise global temperatures. Almost all of the rise in greenhouse gases in the atmosphere over the last 150 years has been caused by human activities. 1 The burning of fossil fuels for power, heat, and transportation is the greatest source of greenhouse gas emissions from human activities in the United States.

[7] In August 2018, Greta Thunberg started a school strike for the climate outside the Swedish Parliament that has since spread all over the world and now involves over 100,000 schoolchildren. The movement is now called Fridays For Future.

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