Abstract
This Detailed research paper includes the discussions related to global warming, a very serious climate change issue in the world. It has become an issue causing serious health problems in humans, natural habitats, and animals. Due to the rising global warming, sometimes there arises a question of existence as well. Adequate legal implications are necessary to address the challenges of global warming. Without legal implications and execution of these legal implications, it is impossible to solve the issue humans are facing and have a good climate in the world.
Keywords
Global Warming, Green House Gases, Legal, Implications, Indian Laws
Introduction
Global Warming
The very serious environmental issue in the whole world is Global Warming. Global warming is nothing but “an average increase in the temperature of the atmosphere near the earth’s surface.” These changes in the temperature have led to changes in the global patterns. Global warming is caused due to both natural and human-induced gases. The most harmful element causing Global warming is fossil fuel burning. Increased emissions and usage of greenhouse gases have led to the warming of the earth. For the earth to prevent heating caused by global warming, the greenhouse effect is necessary, which is a natural phenomenon. The naturally occurring phenomenon that acts as a blanket to earth’s atmosphere and warms it i.e. the Greenhouse effect. This greenhouse effect maintains the temperature that is suitable for living things to exist. With the natural greenhouse effect, the earth's average temperature would be -19°C while currently earth’s current temperature is 15°C. This process of the greenhouse effect is important in warming the earth’s surface naturally. The greenhouse gases that are induced by humans have disturbed the natural balance and led to an increase in the temperature which naturally leads to the issue of Global warming.
Fig 1: Greenhouse Effect
Greenhouse Gases:
Greenhouse gases are the gases that are gaseous components of the atmosphere that are natural or anthropogenic. These gaseous components absorb and re-emit infrared radiation. The various greenhouse gases include various gases such as CO2, CH4, H2O, N2O, fluorinated gases, black carbon(C), CFCs.
Chain Of Events Causing Global Warming:
Causes Of Global Warming
Greenhouse Gases are the very first cause of Global Warming. Excess emission of greenhouse gases has led to rising Earth’s temperature. These emissions of greenhouse gases lead to the warming of the Earth’s atmosphere near the surface. There is the condition called as albedo of the earth which means the amount of radiation the earth receives from the atmosphere is radiated back to the atmosphere in the same amount which maintains the balance in the temperature. The greenhouse gases absorb the outgoing radiation and re-radiate back to the earth’s surface which disturbs the balance in the temperature. This phenomenon leads to the issue of global warming i.e. warming of the earth.
The other cause of global warming is the ozone layer decreasing(depletion). Depletion of the ozone layer includes the thinning of the earth’s ozone layer in the upper layer of the atmosphere due to the release of chemical compounds such as chlorine (Cl2) or bromine (Br) by human activities. ozone depletion can be natural and by humans also. The man made cause is the use of chlorofluorocarbons. The chlorofluorocarbons are present in refrigerators, air conditioners, spray aerosols, etc.
Effects Of Global Warming
The global warming effects are itself challenging. Global warming effects are increasing levels of the sea, changes in rainfall patterns, climate change, ice caps melting, glaciers melting, reducing animal population due to habitat loss, bleaching of coral reefs, etc. Scientists have already warned of environmental consequences if the surface temperature of the earth keeps rising. The earth’s temperature has been raised by 1.1°C. According to Intergovernmental Panel on Climate Change (IPCC) if the temperatures go above 1.5°C there will be serious effects on the earth’s surface such as Heat waves, floods, submerging of land due to sea-level rising, and species loss.
Legal Implications by Developed Countries
The rising issue of global warming in the past few years has led to the formation of certain legal implications by the developed countries. Without legal acts and laws, it is impossible to reduce the issues faced by humans. The various developing countries of the world have formed and signed as members of various climate change organizations and protocols.
UNFCCC (UN Framework Convention on Climate Change)
The first legal instrument on climate change was the UNCED (UN Summit Conference on Environment and Development). This legal instrument adopted the first instrument on climate change i.e. UNFCCC which was held in Rio de Janeiro in June 1992.
In 1992, countries cooperated cooperatively to what changes could be made to reduce the average rising temperatures due to global warming. Now there are 195 members who have signed. The UNFCCC secretariats support all institutions related to climate change i.e. conference of the Parties (COP), subsidiary bodies, and boards of COP.
INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE
The UN General Assembly adopted a resolution in December 1988 for the setting up of the Intergovernmental Panel on Climate Change, established by the United Nations Environment Programme (UNEP) and the World Meteorological Organisation (WMO) to provide the governments of the world detailed information and a clear view of the world's climate.
The task of the IPCC was to review and recommend comprehensively the study of climate change, the impact of climate change, and strategies for inclusion in future international conventions on climate. IPCC does not conduct any research work. Scientists from various countries contribute to the IPCC on a voluntary basis. The main work of the IPCC is reviewing the current information related to climate change.
IPCC has delivered reports on a daily basis related to climate change worldwide.
Financial Mechanism of IPCC:
Article 11 of the IPCC is designed for funding for conventions. The main role of the financial mechanism is to provide financial resources and transfer technology to developing countries on the basis of grants or concessions. COP guides the mechanism that decides the programs, various policies, and eligibility criteria. One financial institution named Global Environment Facility (GEF) was formed to provide grants to environmental projects in developing countries.
KYOTO PROTOCOL: COP 3
In 1995, when countries realized the emissions had not been reduced, they launched a negotiation and adopted the Kyoto Protocol. The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997. But it came into force in 2005. The convention is operationalized by the Kyoto Protocol. It asks for industries to commit to stabilize greenhouse gas emissions. It binds only the developing countries as it realizes the most emissions from industries come from developing countries. The target of this protocol was the reduction in emissions by 5 percent over the period of 2008-2012.
NATIONAL GREENHOUSE GAS INVENTORIES PROGRAMME: (NGGIP)
The NGGIP was established by the Intergovernmental Panel on Climate Change i.e. IPCC provides methods for calculating national inventories of greenhouse emissions and removal from the atmosphere. The guidelines provided by the NGGIP are used by the countries who signed the UNFCCC to calculate the greenhouse gas emissions and removals and are compared between the countries.1
PARIS CLIMATE CHANGE CONFERENCE (COP 21):
The Paris Agreement was held in Paris on 12th December 2015. It was adopted by 194 countries. The Paris Agreement came into force on 4th November 2016. During the Paris Agreement world leaders took the pledge to try and prevent global temperatures from rising by more than 1.5°C. It was for the very first time all the world nations agreed to cut the greenhouse gas emissions that cause global warming.
Agreement Between the countries during the Paris Agreement:
Attempt to limit the global temperature increase(rise) to 1.5C.
To limit the greenhouse gas emissions by less burning of fossil fuels.
Each country has its own emission targets.2
Why is it necessary to keep the global temperature to 1.5C?
According to world scientists, every 0.1 increase in temperature brings a greater risk to Earth i.e. long heatwaves, and intense storms.
Fig 2: Temperature Changes across the world
Consequences of 2C global temperature:
Extreme Hot Days
Sea-level rise
Loss of habitat and Coral Reefs
Actions by the countries since the Paris Agreement
The world leader meets every year to discuss their commitments to climate at COP i.e. Conferences on parties. All the countries promised during the Paris Agreement to keep track of the emissions. The UK has reduced emissions by 68% by 2030 compared to 1990 levels. But UK advisers still suggest that they are still away From The commitment.
The very recent COP28 was held in December 2023, at this COP meeting for the first time countries have agreed to contribute to adopting to stay away from fossil fuels. The UN on analysis of COP28 made clear that deep, rapid, and sustained reductions in greenhouse gas emissions are necessary to achieve the agenda of a global temperature of less than 1.5C
Developed Countries fighting climate change with legislation:
The Paris Agreement of 2015 is a bit critical for implementation and to reduce the global temperatures to 1.5 degrees. The data is compiled from specific laws and policies of different countries. Not every country has the same approach. Some countries have passed legislation on global temperatures and some have not. However, some countries are making the transition even though any legislation has not been passed.
Bahamas:
Recently legislation has passed in the Bahamas state focusing on creating carbon markets, recognizing the importance of ocean ecosystems. It specifically focuses on blue carbon or ocean carbon. The vast amount of carbon is stored in oceans which may give rise to rising sea levels and extreme changes in the weather events.
France:
In recent times France is on the way to carbon neutrality. France has passed a landmark law to clarify the terms “climate neutral” and “net zero.”
USA:
One of the most significant legislations is passed by the USA i.s. The Inflation Reduction Act (IRA). The US government has allocated US$ 369 billion to energy security and climate change.
Chile:
Recently Chile has passed a law that contains a net-zero target of emissions.
The key principles of law are the ecosystem approach, climate justice, and cost-effectiveness. It sets a good example for other countries on the path of climate change.
Australia:
Several elections have been fought on the policy of climate change, which is the transition of the economy to a low-carbon economy. The new government has passed a climate change bill. This bill confers an advisory function to independent the authority of climate change.
China:
There is no such framework for climate change in China. However their five-year plans have policies related to climate change on a very high level. China’s 14th plan, which is the recent one, specifies a significant amount of information related to climate change.
India:
In the recent annual conference of parties (COP26) in Glasgow, the hon’ble Prime minister of India has listed five commitments of India.
The announcements were regarding climate change. The announcements were:
By the end of 2070 to achieve the target the emissions by zero(net).
Energy requirements i.e. 50 percent from renewable sources by 2030.
By the end of 2030 India’s non-fossil energy capacity will reach 500 GW.
Total carbon emissions to decrease by one billion tonnes till 2030.
India will reduce carbon intensity more than by 45% till the end of 2030.
Laws in India:
India is the first country in the world to have made provisions for the protection and conservation of environment in the Constitution of India.
The Environmental Protection Act:
The environment protection act,1986 is a more competent and bold measure to deal with the issue of pollution. The Act empowers the government to take all necessary measures to prevent and control the air pollution that causes harm to the environment which ultimately leads to the issue of rise in global temperatures. It issues special procedures for handling harmful substances and concerned persons should handle the harmful substance according to the procedure of the act.
The Air Prevention and Pollution Control Act of 1981:
The air prevention and control of pollution act ,1981 is an important legal implication that orders the state to regulate the standard for emission of air pollutants. It authorises the state to inspect the factory and its equipment and manufacturing process. It guides state necessary steps for the control of air pollution. It is binding on the industries to operate within the guidelines provided by the act.
The National Green Tribunal Act:
This act was enacted to govern the working of National Green Tribunal (NGT).
NGT was formed for transparent and strong(effective) disposal of cases relating to the environment, protection, conservation of forests and natural resources. It enforces the legal right related to the environment and gives relief and compensation to the damages caused to persons and damage caused to property. With the establishment of NGT India has joined a distinguished league of countries that have a dedicated platform to address environmental issues. With the rising global temperature, it is necessary to protect the environment around it to create a balance in the environment. Disturbances in the environment would lead to disturbances in the temperatures which would ultimately lead to rise in global temperature.
The Forest Conservation Act of 1980:
Continuous deforestation in the country led to rise in the annual temperatures which in effect gave rise to the enactment of the act. The act of forest conservation was enacted to conserve and protect the present forests in India. After enactment of this act all forest became the reserved property under central and state governments concerned.
The Wildlife Protection Act of 2002:
The passing of Wildlife Act ,1972 is an important landmark in the history of wildlife legislation in the country. This act provides for the protection of wildlife and their species.
Conclusion
Here the detailed study and analysis of scientific and environmental changes is discussed with the bitter reality of global warming. The paper discusses the detailed study of global warming and legal implications by various countries that have agreed upon to decrease the emissions of greenhouse gases. Global warming being a very serious issue in climate change needs to be controlled to tackle the ill effects in future. Global warming is not only harmful to humans but also to all living organisms as well. Melting of glaciers would lead to floods which can cause mayhem everywhere. Rising sea-levels will disturb fishing and agriculture.
To embark upon these problems certain measures to be taken on time with minimum use of renewable resources and deforestation. Innovative ideas must be brought forward to reduce the issue of Global Warming.
References
The Intergovernmental panel on climate change, IPCC (Sept. 18, 2024), https://www.ipcc.ch/.
United Nations climate change, UNFCCC (Sept. 18, 2024), https://unfccc.int/event/cop-2
AUTHOR:
PAYAL PRAVIN JAIN
Yashwantrao Chavan Law college Pune
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