Download Legal Imperative of Climate Change Action

LEGAL IMPERATIVE OF CLIMATE
CHANGE ACTION
By
Professor Olanrewaju .A. Fagbohun, Ph.D
Nigerian Institute of Advanced Legal Studies
University of Lagos Campus
Akoka, Lagos
Presentation at the UNESCO/DTCA/AU/ECOWAS Parliament Quadra – Partite
Consultative Workshop on Climate Change Policy and Legislation.
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Wednesday 20th – Thursday 21st October, 2010
Accra – Ghana
E-mail: [email protected]
CLIMATE CHANGE – DEFINITIONS AND CONCEPTUAL
CLARIFICATION
Climate change is “… a change which is attributed directly or
indirectly to human activity that alters the composition of the
global atmosphere and which is in addition to natural climate
variability observed over comparable time periods”
- UNFCCC Definition
–
Climate change is changes in regional climate characteristics,
including temperature, humidity, rainfall, wind and severe
weather events;
–
Global warming is an overall warming of the planet, based on
average temperature over the entire surface.
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CLIMATE CHANGE FRAMEWORK
Green Gas Emissions
Climate Change & Variabilities
Impact & Risks
Mitigation
(Reducing GHGs)
Responses
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• extinction of species/ecosystems,
• exposure to water stresses;
• land loss due to low level rise in
coastal areas,
• increase in mortality/morbidity
associated with vector borne
diseases/intensity of heat waves,
• extreme weather events, flooding
etc,
• infrastructural disruptions,
• food insecurity
Adaptation
(Consequences)
Policy/Legal /Regulatory Reforms
Knowledge Generation/Capacity Development
Climate Proof Investments
Developing nations are more vulnerable and at risk in meeting the challenges of
climate change for reasons of “funding”, “lack of technology”, “poverty”” and
“population pressures”.
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CONSEQUENCES OF CLIMATE CHANGE - AFRICA
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According to the Intergovernmental Panel on Climate Change (IPCC), Africa is the most vulnerable
continent to climate change and climate variability (multiple stresses – low adaptive capacity):
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It is estimated that 72% of the dwellers in African cities live in slums (poor drainage/prone to
flooding/ill health);
Over 25% of Africa’s population lives along a 100km – long coastal strip (East African
coastline, the Red Sea and the West African coast);
A Sea-level rise of 0.5m as projected by the IPCC by mid-century could result in losses
equivalent to more than 10% of the current GDP of affected countries;
Wide spread poverty is a dominant structural vulnerability;
The spread of malaria and other infectious diseases will put women, infants, and children at
greater risk;
Water stress could affect as much as 75 – 250million people in Africa alone by 2020;
Lowered agricultural productivity/food security – as much as 50% yield decline by 2020 in
some Africa countries;
Increases in vector-borne diseases like malaria.
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THE ROLE OF LAW
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Changing practices with respect to climate change requires
changes in the habits of billions of people, as well as
organizations such as firms;
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Practical policies to generate incentives for these behavioural
changes require action by governments;
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Law is central to restructuring and re-orienting conducts and
activities that were hitherto accepted as safe, but, now found to
be contributing to climate change.
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MODES OF INTERVENTION
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There are four broad modes through which the law can play a role in meeting
the challenges of climate change:
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self governing mode with focus by government on itself and its activities
(“leading by example” or “getting your own house in order”);
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control and compliance mode through the use of traditional forms of
authority such as regulation and planning;
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governing by provision, in which emission reductions are achieved through
the delivery of particular forms of service and resources (BRT/Green
Houses/Management of Waste Dumps);
–
mode of enabling, where governing takes place through facilitating,
coordinating and encouraging action through partnership with private and
voluntary sector agencies, and in the form of various types of community
engagement (Interfaith initiatives, Clinton Foundation, Granting Soft
Loans).
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THE GOALS OF A LEGAL FRAMEWORK
An appropriate legal framework must be able to achieve the following, among
others:
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Transit a country to a clean energy economy (renewable energy and
energy efficiency) without compromising her short-term competitiveness;
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It must make more expensive low emission industries attractive to private
sector investors through schemes that remove the short term technology
and market risk;
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It must be protective of innovations (intellectual property and patent rights)
in order to attract investors;
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Be sufficiently balanced in its approach as to receive broad support from
the coalition of utility companies, oil companies, chemical companies,
transportation sector, major manufacturers, environmentalists, and labor
organizations;
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Assure the companies operating within the country of the right
market incentives and rewards that will help them remain
competitive such that the jobs will remain in the country as the
market transforms. The jobs must not “leak” to other countries;
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Be able to encourage capacity programs that will train workers to
succeed in the new energy economy (virtually all low emission
industries contain a significant national – and often regional –
learning component);
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Low and moderate-income families must be protected from price
increases caused by inadvertent or abusive practices through
rebates and market stability schemes that can limit price volatility;
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Must ensure that small business and agricultural enterprises are
given appropriate exceptions and support;
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Must give support for strong policing measures to establish
market-place accountability and ensure the new carbon
marketplace is transparent, fair and accountable;
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Must be able to support adaptation strategies for localities
facing potentially dramatic changes to their way of life, e.g.
coastal communities;
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Must be capable of supporting funding for the identification of
at-risk populations, habitats, and ecosystems that are
particularly susceptible to climate change;
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Must encourage public/private partnership;
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Must be able to encourage cooperative activities between
different tiers of Government.
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UNINTENDED IMPACTS OF POLICY/LEGAL RESPONSES
Policy/Legal Response
Could be good for the poor if…
Could be bad for the poor if …
e.g.
• …they improve efficiency and expand markets
for the poor.
•
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…they create non-tariff barriers;
…they reduce market demand for air
freighted produce from sub-Saharan Africa.
Green growth strategies e.g.
‘carbon taxes”
• …they support a shift to low polluting labour
intensive production method;
• …they improve energy efficiency and stimulate
growth.
•
…they reduce production and employment.
Biofuel production policies
• …the poor grow the feedstock;
• …processing investments go to low income
countries;
• …processors employ local labour.
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…they increase staple food prices;
…processing investments go to middle
income countries;
…the North does not extend duty free
access;
…small holders are not offered assistance.
Environmental
“food miles”
labeling
(Also Biofuel policies and
deforestation)
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Forest carbon policies
(Reduced emissions from
deforestation
and
forest
degradation (REDD))
• …co-benefits are clearly defined;
• …there is upfront funding for smaller producers
to engage with the market.
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Re-using
and
treating
wastewater or deep well
pumping and desalination
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• …will reduce water scarcity.
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…the focus is on reducing deforestation
and do little to help developing countries
with low rates of deforestation;
… it benefits government to the
disadvantage of indigenous communities;
…they are inflexible to the sustainable use
of forests;
…restricts economic development.
…it increases fossil fuel use and thereby
lead to more greenhouse gas emissions.
Efficiency, effectiveness, equity are not “absolute” but context specific, varying
between countries, regions, sectors and actors.
CONCLUSION
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Clear and concrete actions are needed to meet the challenges of climate change,
and the law has a major role to play;
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Climate change is a global problem whose solution cannot be achieved through
the efforts of any single group/unit. Since it will not respond to unilateral fixed,
then, all must be ready to work together;
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Difficult problem: “interests”, “power”, “information” and “beliefs”;
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Difficult understanding of the challenges at different levels of government, and a
unified strategic vision and approach;
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Comprehensive and localized risk and vulnerability assessments;
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Coherent research to identify/describe impacts associated with near-term; longterm and abrupt global climate change;
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Implementable dynamic and clear national strategies for climate change
adaptation.
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