Download “Global climate change and third-generation of human rights”. 350

“Global climate change and third-generation of human rights”.
350-campaign
Natalia Zvyagina
HSE gr.643
Climate change is the most important challenge for the political and legal system of global
world. All of humanity is confronted face to face with the threat of destruction of habitual world for
the first time in history.
DESCRIBING OF THE PROBLEM
Scientific base of climate problem
Scientists have proven the fact of connection between increase of the concentration of CO2 in
the atmosphere and global warming. The UN research team analyzed the ice accumulated in
Antarctica for 10,000 years. The results of scientific studies have confirmed this pattern. Today, a
CO2 concentration in the atmosphere is much more than it has ever been. The safe upper limit of
carbon dioxide in the atmosphere is 350 ppm (рarts рer million). Today, the concentration of CO2 is
385 ppm. The rate of increase of CO2 emissions continue to grow. The number of cars increases.
Factories intensify the process of production. Mankind burns resources (oil, gas, coal), which has
shaped the land during thousands years. Greenhouse gases impede the excess of heat to the cosmos.
The natural process of oxygen reduction is difficult. Forests are being cut down by people for
the organization of fields and agriculture. People cut down trees to build new houses for urban
expansion. A person changes the nature for the sake of a comfortable life. The effects of this
intervention are beyond consciousness. Anthropogenic causes of climate change theory are the most
likely. Earth has never known such a strong impact of human activity as the last 100 years.
Awareness of the importance of human factors explains the credibility of the very original and
very ridiculous version. Version implies that the U.S. invented the climate weapons and uses it
against other countries. This is the reason of the floods in Pakistan and forest fires in Russia.
Alternate versions of the causes of climate change also exist. For example, the sun is activated or
the magma of the earth is heated under the influence of cosmic radiation. A man cannot influence
these processes.
Some of climatologists suggest the possibility of combination of human and physical factors.
In any case, photo images from space show that the ices at the poles are melting and a cap of
snow on the top of the mountain decrease. Climate change doesn’t mean global warming. It means a
radicalization of the climate, ie where winter is cold, it can be colder, where summer is hot, it will
be hotter. Floods and droughts will be in different places, but more often. The world can change
completely and severely.
Environmental problems can be the cause of humanitarian disasters. Potential problems can
become a reality tomorrow:
1. Migration and the rights of peoples. Climate change could provoke flows of the climate
migration. For example, a huge population of China and India consume water of rivers that begin in
the Himalayas. Glaciers in Himalayas decrease. Water shortages will compel a billion people to
move to the northern rivers in Russia.
Another example, the Maldives. This country locates just 6 meters above sea level. Ocean
gradually submerges Maldives. Islands consist of coral. Corals die because water gets warmer.
Whole state can cease to exist very soon. It's like the legend of Atlantis. Global world Need global
political, legal and philosophical solutions. Where can remove Maldivians? Who are they in a world
where there isn’t their homeland?
2. The right to work and the threat of famine. Climate change could destroy the traditional
forms of agriculture. Grapes can dry up in Italy and France. In Russia, people cannot grow wheat.
They do not learn to grow strawberries in the Tundra as well. Entire villages and towns may find
themselves jobless. National and global economy could collapse. Hunger could kill thousands of
people. Policy and law theorists need to think about these problems now.
CLIMATE PROTECTION AND DEVELOPMENT OF LAW AND LEGISLATION
Taking into account the strong factual relationship between environmental degradation and
the impairment of human rights, it is important to consider how these two fields interrelate within
the law.
Nowadays we can talk about three generations of human rights:
The first-generation of rights refer to traditional civil and political liberties, such as freedom
of speech, religion, and the press, as well as freedom from torture. These rights are the so-called
'classical human rights'.
Second-generation rights include the social right, for examples: right to education, work,
social security, food, self-determination, and an adequate standard of living. These rights are
codified in the International Covenant on Economic, Social and Cultural Rights (1966) and also in
Articles 23–29 of the Universal Declaration of Human Rights (1948).
Third-generation or “solidarity rights” are “the most recently recognized category of human
rights”. These include the right to development, the right to peace, the right to a healthy
environment, and the right to intergenerational equity. The third-generation of human rights is just
beginning to develop. The third generation of human rights is just beginning to develop
This category of rights still exists in theory. There are few practices and instruments of this right.
The problem of climate change is forcing us to reflect on the development of the law. First of
all, politicians and lawyers should clarify the sense of the concept of the right to a healthy
environment. First of all, politicians and lawyers should clarify the sense of the concept of the right
to a healthy environment. What does it mean? Can we talk about responsible for the pollution or
about preventive measures against pollution? The development of third-generation rights means the
establishment of new international legal standards and a new social ideology.
International community has begun work on creating new law. Some articles are in the
International Covenants. The first international environmental treaty is the United Nations
Framework Convention on Climate Change (UNFCCC). It produced at the United Nations
Conference on Environment and Development (UNCED). The treaty itself contains no enforcement
mechanisms, nevertheless the treaty provides for protocols. The most famous example of such a
protocol is the Kyoto Protocol that would set mandatory emission limits.
The problem is unavailability of politicians and society. Each new convention is the new
expensive commitments. The Kyoto Protocol is already outdated. Many nation-states start the
discussion about the possibility of concluding a new global climate instrument. Work on a new
Protocol or convention has been slow.
The UN Conference on Climate Change was held in Copenhagen in December 2009, in
December 2010 etc. The main global Treaty was not concluded: «Governments engaged at the
highest political level, and the outcome of that engagement was reflected in the Copenhagen
Accord. While much attention has focused on the Accord, the Conference in Copenhagen also made
good progress in a number of areas…»1. International negotiations are continuing. The
implementation of the new protocol depends on position of countries with advanced manufacturing:
the first of all, China and the U.S.. Obama's administration agrees. China remains silent. Russia
promises to reduce CO2 emissions to the level of 1997.
Politicians of different states should start to work faster and only public attention could
change the situation and speed up work. The planet has not 100 years for people and politicians
think. Prevent the destruction of the climate could start reducing the growth of CO2 emissions in
the next 10 years and their decline over the next 50 years.
Only a reform of the legal system is not enough. To prevent global climate catastrophe can
only by systemic changes in the life and practices of human community. The first other steps to the
1
http://unfccc.int/meetings/cop_15/items/5257.php, 2010
solution of problem are:
1) People need correct information about the situation. Lack of information breeds fear and
panic. Knowledge gives hope and opportunity to change the situation. One Government can’t
withhold information on the global problem, if the world is discussing it. People can not understand
the meaning of government action, if he knows less. Lack of information impede to take important
decisions for cities, nation states and the world.
Climate and climate change is an important issue for humanity. The school is a good place for
to start the knowledge of the unity of all life on the planet. Teachers tell children about climate and
climate change issues in European and American schools. Schoolchildren learn lessons climate in
India. Etc.
2) People
need
the
adaptation. It involves improving public
education
and active
preparations for the protection of human settlements, for example, planting of plants resistant to
drought, and increased coastal protection.
3) People need the change of consumption. The modern system of consumption is one of the
causes of climate change. One of the main provisions of the new global agreement is the principle
of reducing energy consumption of oil, gas and coal. Renewable energy can become the basis of the
new economy. Rich countries will have to start to reduce oil consumption immediately. Poor
countries can increase the level of consumption at first. Then these countries will also begin the
transition to renewable energy. Countries with developed production would pay money to poor
countries to modernize energy for an ambitious plan could become reality. This is the concept of
climate justice.
Albert Gore is an American politician and social activist and winner of the 2007 Nobel Peace
Prize. He have advocated the elimination of all payroll and the replacement of that revenue in the
form of pollution taxes, principally on CO2. He said: ”We have to go far - quickly. And that means
we have to quickly find a way to change the world's consciousness about exactly what we're facing,
and why we have to work to solve it”2. Climate scientists and climate activists joke: "Humanity has
no «PLANEt B».
Quality of conflict
Thereby, there is a problem: global climate change and the threat of irreversible changes in
the world. Environmental problems can provoke a terrible humanitarian catastrophe. This is the
challenge of political and legal system of global peace. The world needs the development of the
third-generation of human rights and new way of consumption. Decisions should be taken very
quickly.
World leaders are not ready to include the issue of global climate change among the priorities
2
http://docs.jwesonga.s3.amazonaws.com/kyulaspeeach.pdf - 27.11.2007
for national and international policies.
Conflict resolution is not possible without the systemic and deep changes in world politics
and national policies of individual countries.
Quality of conflict can be described as a potential. Today we still don't see the flow of climate
migrants and people do not fight for the right to breathe clean air, but it is possible
if not prevent catastrophe.
Slowness of politicians obliges civil society to take the initiative itself. So energetic young
men decided to start an ambitious campaign for politicians will have vitally important decision.
Exactly so International climate movement began.
350-CAMPAIGN
350-campaign is an example of a modern, global, preventive and nonviolent campaign in the
21st century style. Initiators of this campaign are Bill McKibben and a team of his university
friends. Bill McKibben is a climate scientist who wrote one of the first books on global warming
for the general public. Others were students 23 years old from Middlebury College in U.S.A.
The genetic connection and relationship the alter-globalization movement and climate
movement exists. Firstly, various local groups confront the global problem together. The main
principle of the campaign is: 'think globally - act locally'' for the politicians have learned how to act
globally. Secondly, leaders and activists of the climate movement are the same people, such as José
Bové. He is a famous French farmer. In fact, the alter-globalization movement begun with his
participation. He protested against the restrictions on the importation of French cheese in the U.S. in
the 90-ies. He destroyed McDonald by his tractor. José Bové was again at the forefront in 2009. He
was sitting several days at the gateway to the COP15 conference. So He protested against the
limitations of participation of activists in meetings with Bill Makkiben.
350-movement is an international campaign that's building a movement to unite the world
around solutions to the climate crisis. The mission of the campaign is “to inspire the world to rise to
the challenge of the climate crisis - to create a new sense of urgency and of possibility for our
planet”3. The main goal of the action was to call politicians for to sign a new climate agreement
The main method of campaign was explained by the citation from the site of the 350campaign: “if an international grassroots movement holds world leaders accountable to the latest
climate science, we can start the global transformation we so desperately need”
The original idea is preparation and organization of a global petitions campaign shortly before
session of the Conference of the Parties (COP15) during the big UN climate conference in
3 http://www.350.org/mission, 2011
Copenhagen in December of 2009. Numerous photographs and video of events in different
countries would be part of a large photo-petition. Internet could help spread information about the
campaign in a new way - via the website 350.org plus the local media in different countries. In
October of 2009 the initiators of campaign coordinated 5200 simultaneous rallies and
demonstrations in 181 countries, what CNN called the 'most widespread day of political action in
the planet's history.' campaign of pressure was successful if we estimate the number of people
involved and events. Nevertheless, governments have not heard the main demand of the activists.
In October 2010 they organized a ''global work party'' all over the world, with over 7000
events in 187 countries. The message of this actions "Let's Get to Work". If the politicians have
demonstrated their unwillingness to act decisively on the Conference. People will pick up their
work and show what to do. During the actions people put up solar panels, dug community
gardens—and sent a strong message to world's leaders: ''If we can get to work on solutions to the
climate crisis, so can you''. This campaign was more successful.
The United Nations Climate Change Conference took place in Cancun, Mexico, from 29
November to 10 December 2010. The Cancun Agreements was adopted after the Conference.
According to the developers of these: “These are a set of significant decisions by the international
community to address the long-term challenge of climate change collectively and comprehensively
over time and to take concrete action now to speed up the global response”4. Adoption Cancun
agreements was an important, but the first step towards preserving the climate of the planet earth.
The climate grassroots movement must continue to press for political solutions and expand the legal
framework for environmental protection. To be continued...
In 2011, initiators of campaign are building on this momentum to create a wave a hard-hitting
climate activism all over the world that can lead to real, lasting, large-scale change.
The main actors of this campaign is a grassroots initiative. Many communities support
the campaign: the religious community, civil and human rights organizations, environmental
organizations.
And they experimented with more creative forms of activism. For example, the
religious community organized the night vigils with candles for climate protection and for to catch
the attention of politicians. Activists formed the number 350 of their bodies. People formed
the number 350 out of their bodies. Scientists at the polar station drew a giant polar bear on the
snow. Coordinator of the campaign collected pictures and broadcasted it in New York at
Times Square. Great photo-petition was handed to the UN by organizers of the action.
As a characteristic of the campaign should particular note the global level and scale:
4 The United Nations Climate Change Conference in Cancun, COP 16 / CMP 6, 29 November - 10 December 2010. http://unfccc.int/meetings/cop_16/items/5571.php, 2011
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global problem is climate change;
-
global goal is to save the planet and the world from climate change;
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global target because only international organization (UN), all countries or most of the
countries in the world must take the final decision about a new global treaty;
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global participation (a large number of events everywhere at once)
-
the most ambitious claim is a new global treaty on measures to modernize the global
economy and consumption for reducing of CO2 emissions.
Initiators and participants use of new technologies to mobilize people (Internet and web2.0
technologies, digital video and photo cameras and so on)
Participants combine the use of modern tools and traditional forms of civic engagement.
Organizing team travel the world and looking for supporters in various communities. Activists learn
and use the methods of nonviolent action.
The necessity to solve new global problem has helped to create new concept. It's Climate
Justice. The concept of climate justice includes two objectives. “The first is to ensure that rights and
responsibilities regarding the utilization of environmental resources are distributed with greater
fairness among communities, both globally and domestically. This entails ensuring that poor and
marginalized communities do not suffer a disproportionate burden of the costs associated with
the development of resources, while not enjoying equivalent benefits from their utilization. The
second is to reduce the overall amount of environmental damage domestically and globally” 5.
Achieving Climate justice requires:
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the reduction of consumption and reducing of waste. The concept of a consumer society
outdated mentally. People are always buying new things and throw out old, but still highquality computers, cars, clothes and etc.. This can not continue. The world can turn into a
big garbage can. Consumption itself should cease to exist as a value. Developed countries
should reduce the consumption of oil, gas and coal. Poor countries can increase the level of
consumption;
-
strengthening the role of the local economy. Complete abandonment of the global division
of production is impossible. Unfortunately, bananas do not grow on the permafrost, and the
rice dies in desert. Just people can spend fewer resources on transportation and colorful but
useless wrapper and packaging. The main principle of the local economy is “all we need for
life is in one place”. It means: Energy and the things peoples need and want are produced far
closer to home;
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to shift rapidly from polluting energy sources to renewable energy of wind, water, sun;
5
Ruppel О.С.Third-generation human rights and the protection of the environment in Namibia –
http://www.kas.de/upload/auslandshomepages/namibia/HumanRights/ruppel1.pdf, 2010 – p.19
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to build zero-carbon communities which can wean off dependence on oil and create the
space for local decision making, economies and communities:
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legal and political solution of the climatic migration problem.
Activists of a climate movement live this way today. He lives his normal life, but reduces the
level of consumption (stuff - especially from plastic and oil, resources and energy). His life is an
example haw the consumer society should develop. Activists are beginning to change the world
from themselves and their lives.
CONCLUSIONS
We can conclude: 350-campaign is a lobbying campaign for efforts to promote a new
international law and for promoting climate solutions.
350-event has grown into a worldwide campaign very quickly. It seems an evolution from
disposable shares to before large-scale campaign and to the construction of a new global movement.
Today 350-campaign was not only action before UN climate conference in December 2009, 2010
etc. This action should be completed after the signing of a new global agreement. This agreement
must be fair and it should by appropriate conception of climate justice. Climate movement will live
and grow for a long time.
Effectiveness of civil actions is considerable. The whole world knows more about the problem
of global climate change. The activists forced the governments to improve the climate legislation.
International authorities have created a new climate legal instrument in the first time since 1992.
Third-generation of human rights is not just theory but also the specific principles enshrined in
international law. Development of third generation rights begun and has continues.
Bibliography:
sources
1) http://www.350.org/, last accessed 20 March 2011.
2) Cancun Agreements - http://unfccc.int/resource/docs/2010/cop16/eng/07a01.pdf#page=2, last
accessed 20 March 2011.
3) Kyoto Protoco, - l http://unfccc.int/kyoto_protocol/items/2830.php, last accessed 20 March
2011.
4) United Nations Framework Convention on Climate Change (UNFCCC) (1992) last accessed
20 March 2011.
5) United Nations International Covenant on Economic, Social and Cultural Rights(1966),
www.unhchr.ch/html/menu3/b/a_cescr.htm; last accessed 20 March 2011.
6) United Nations Universal Declaration of Human Rights (1948), http://www.unhchr.ch/
udhr/lang/eng.htm, last accessed 20 March 2011.
books
7) Ruppel О.С.Third-generation human rights and the protection of the environment in Namibia
– http://www.kas.de/upload/auslandshomepages/namibia/HumanRights/ruppel1.pdf, 2010
8) Steiner, HJ, P Alston & R Goodman (Eds.). 2008. International human rights in context:
9) Law, politics, morals (Third Edition). Oxford: Oxford University Press.
10) On the classification of human rights, // Parker, C. 2002. Human rights law . Leicestershire:
Upfront Publishing, p 39.