Abstract
International law is currently leading the approach towards achieving reduction of the dreadful impact of the climate crisis globally. As part of this research, the following questions are answered: This research analyses legal perspectives on combating global warming dating back to the Stockholm Conference of 1972, continuing to the Kyoto Protocol, Paris Accord, Rio Conventions and beyond. They make it unveil how important and key organizations such as the United Nations Environment Programme-UNEP and the United Nations Framework Convention on Climate Change-UNFCCC facilitate global collaboration. In particular, the paper concentrates on the role of these agreements in defining national environmental policies and promoting international cooperation. Such analysis of successes and failures in the management of climate change helps to discover additional options for the advancement of the climate regime and identify whether the present-scale global initiatives are sufficient to mitigate the growing climate crisis.
Keywords
UNEP, UNFCCC, Stockholm Conference, Sustainable Development, Greenhouse gases.
Introduction
In the contemporary world, the problem of climate change has transformed into one of the most important, multifaceted and concerning problems that need global response. Effects that thus take place include a rise in sea levels, extreme and unbearable weather, and a decrease or loss of some forms of life and meals. Such effects require massive international cooperation and collaboration in most often than not. Thus, authorities have directed more attention to international law as a tool for cooperation efforts to mitigate the worst impacts of climate change and to address the consequences as these occur more trends.
Modern International Environmental Law originated from the 1972 Stockholm Conference, which instilled the principle that man’s development and the environment’s sustenance are intrinsically related. In the past decades, many famous agreements have come together, each bringing more possibilities for the world’s co-action. In these, the Paris Agreement is the most revolutionary agreement, which places the global temperature rise above the pre-industrial era to” well below 2°C”. It is the first legally international climate regime that determines countries’ obligations regarding the environment in all climates as currencies rather than conventional.
This article focuses on the aspects of international law which can be useful in curbing climate change. It seeks to assess the effectiveness of certain treaties, agreements, and institutions in achieving the objectives of these frameworks in mitigating climate change by emphasizing sustainable practices, emission reduction, and bilateral or multilateral cooperation. Attention will also be paid to the role of the United Nations Environment Programme (‘UNEP’) and the United Nations Framework Convention on Climate Change (‘UNFCCC’), their effectiveness in fostering climate action, and in what areas could these organizations further enhance their contribution towards climate change action.
Research Methodology
This paper uses a combination of qualitative analysis and doctrinal research to examine the effectiveness of international legal frameworks in climate governance. By analysing key treaties and their implementation, it assesses the mechanisms that have been put in place to regulate carbon emissions, enforce compliance, and encourage sustainable development.
The purpose of this study is to analyse constitutional primary sources; the constitutions of such organizations and councils, as the UNFCCC and UNEP, and various reports and publications produced on their basis. This lends itself to exploring the genesis, implementation, and effectiveness of international laws tackling climate change.
Key legal documents include:
- The 1972 Stockholm Declaration
- The Kyoto Protocol
- The Paris Agreement
- The Rio Conventions
The analysis focuses on both the legal language within these frameworks and their practical enforcement on a global scale.
Review of Literature
The analysis of literature on the roles of international law in climate change yields optimism as well as skeptical views on the matter. In particular, several authors underline the crucial role played by the international legal instruments as the tools for climate change management where the Kyoto Protocol and the Paris Agreement can be seen as the most valuable precedents.
In this publication, the agreement is special because close to all the countries come together with the overarching goal of preventing global temperatures from rising to over the pre-industrial level by more than 2 degrees and pursuing the Paris pledge of keeping the rise in temperatures to 1. 5°C. Paris Agreement emerged as a new approach based on the more flexible management accounting for the members of the agreement as developed and developing countries. This approach shall facilitate international cooperation in combating climate change and the vulnerability encountered in various parts of the globe.
Developing countries are the most vulnerable to the effects of climate change and suffer the most from its adverse consequences. The most important part of international environmental law is the common but differentiated responsibilities principle, which is based on this gap. The inability to properly deal with these inequalities is one of the main reasons why international law is not capable of combating the problem of climate change. This, in addition to the fact that decisive collective action required to achieve serious climate objectives is hampered.
Theoretical Framework
International law relating to climate change has significantly changed because of the breakthroughs in worldwide negotiations and agreements. The first forum was the Stockholm Conference in 1972 culminating in the Paris Agreement of 2015. But they were more than just global epiphanies; they were also legal milestones on which environmental law was based. Many activities at each of these conferences brought to the fore the issue of climate protection including parameters on the nature of countries’ collective action; a mix of binding and non-binding commitments; and the need to work for sustainability and foster international cooperation.
- Stockholm Convention (1972): The 1972 Stockholm Conference, also called the United Nations Conference on the Human Environment, was the foundation of assessing the environmental problems that the world faces at the global level. It was the first global environmental action and the first shot to consider a range of environmental issues comprehensively on an international level. The conference was held after the effect by the Stockholm Statement and the Action Plan for the Human Environment, which prepared the groundwork for future environmental administration. The statement, which contained 26 principles, pointed out the sustainability of economic growth, environmental degradation, and human health. The document was called The Stockholm Declaration and The Code of Action, dealing with the issues of the human environment, protection of nature and the human race to the environment and culture. The Global Environmental Assessment Programme, Environmental Management Activities and International Measures are the three main areas of the Action Plan and this was split into the groups of the following and Confederation of Independent States were are the ones that mentioned hereafter. One of the most notable results of the meeting in Sweden was the creation of the UNEP which has a mission of coordinating the environmental efforts on a global scale and advocating sustainable development. This slung a long bright strand of sunlight to the development of environmental policies and programs globally. The institution developed UNEP by establishing a corner for environmental work and its major aim was to be environmentally friendly.
- Rio Earth Summit (1992): The Rio Summit, alias the Earth Summit which was held in Rio de Janeiro in 1992, was a turning point in the global handling of climate change. This meeting permitted conformity with three key agreements, including the Convention on Biological Diversity (CBD), the United Nations Framework Convention on Climate Change (UNFCCC), and the United Nations Convention to Combat Desertification (UNCCD). The UNFCCC set a system of international debates looking to stabilize the greenhouse gas concentrations in the atmosphere. This core convention was the basis for other conventions that were set to reduce emission targets and build cooperation between countries that wanted to bring about a brighter future. The Rio Summit made the issue of environmental interdependence very evident and called for a comprehensive approach to sustainable development.
- Conference of Parties (1995): The Conference of the Parties (COP) to the UNFCCC is central to international climate governance. As the supreme decision-making body, COP meets annually to evaluate progress, negotiate agreements, and adopt measures to combat climate change. Each COP serves as a forum for countries to review and enhance their commitments, ensuring that global climate action remains effective and responsive to new scientific data and emerging challenges. Recent COP meetings have made significant strides. For instance, COP27, held in Sharm El Sheikh in 2022, established the Loss and Damage Fund to assist developing countries impacted by climate disasters. COP28, hosted in Dubai in 2023, focused on advancing climate finance, enhancing adaptation efforts, and implementing the Global Stocktake to assess progress towards the Paris Agreement’s goals.
- Kyoto Protocol (1997): The Kyoto Protocol, which was adopted in Kyoto, Japan, during COP3 in 1997, was marked as a major achievement in the world of international agreements aiming at saving the earth from global warming, and therefore, combating climate change through the reduction of greenhouse gas emissions. This was the first notable global effort to make legally binding targets for developed countries to limit their emissions based on the principle of “common but differentiated responsibilities,” and it was the one that finally succeeded. In the Protocol, there are 37 developed nations and the European Union which together, should decrease their total emissions by 5.2% below the 1990 levels on average over the period from 2008 to 2012. It was an ambitious mechanism that was instrumental in introducing innovations such as emissions trading, the Clean Development Mechanism (CDM), and Joint Implementation (JI) for countries to meet their targets most cost-effectively. Nevertheless, it did not win the wholehearted support of the major emitters like the United States for it was not ratified as well as the insufficient involvement of developing countries. Despite that, it remained as a highly crucial cornerstone that later on allowed the occurrence of the agreement on a global platform and the recognition that binding commitments were necessary, thus leading the Paris Agreement and the ongoing development of the world’s climate policies.
- Paris Agreement (2015): COP21, held in Paris in December 2015 made it possible to adopt the Paris Agreement which became a crucial step in the process of mitigation of climate change. The Paris Agreement adhered to the universal principle that both developed and developing countries are expected to make a positive contribution to the fight against global climate change. The main aim of the agreement is to ensure that global mean temperature does not increase beyond 1. 5°C above the level it was before the Industrial Revolution. 5°C. The Agreement uses the principle of Nationally Determined Contributions where every nation develops its assigned level of emission reduction by the country’s conditions and capabilities. Moreover, the Paris Agreement also focuses on checking financial and technical cooperation for developing countries for better adaptation and limitation of carbon emissions. Two schedules of monitoring and hotspot inventories are conducted to determine progress and the Agreement also contains mechanisms for the upward spiralling of commitments. Through the principle of coordinated cooperation with all countries of the world, a flexible and innovative approach, the Paris Agreement has a transformative impact on the world’s integrated approach to the future and safe climate generation.
- Sustainable Development Goals (2016): Climate change is tackled under Sustainable Development Goal 13 (SDG 13) which requires parties to enhance implementation without delay. They highlight the importance of building and enhancing coping and adaptive measures to the climatic risks and disasters and natural disaster impacts especially in the vulnerable areas. The goal also calls for the mainstreaming of climate change considerations into national policies and planning systems to enhance the effectiveness of the measures that are being implemented. Developing education, awareness, and institutional and human capacity for implementing early warning, climate change mitigation, and adaptation forms a crucial part of SDG 13. This stresses the significance of attracting financial commitments as well as the improvement of international cooperation in climate change in developing countries. Thus, SDG 13 concerning mitigation and adaption seeks the world’s temperature rise not higher than 2 °C above Pre-industrial levels and is by the Paris Agreement to promote sustainable environment and resilience.
Legal Implications
- Strengthen Global Commitments: Legal instruments like the Kyoto Protocol and the Paris Accord outline climate actions but lack mandatory enforcement. To address this, countries must enhance their commitments by implementing stricter, legally binding measures instead of guidelines that are often disregarded. This would involve setting both measurable and enforceable goals for emissions reductions, with substantial penalties for non-compliance.
- Enhance Financial Support for Developing Countries: Climate change negatively impacts developing countries since they are unable to invest in measures that can reduce climate change impacts. Such financial frameworks as the Green Climate Fund have to be scaled up, to guarantee that the developed countries fulfil their financial commitments to the improvement of climate change in the affected regions.
- Promote Multilateral Collaboration: Climate change is a global issue, but the world’s governments and economies act in tandem, which can create a problem. International organizations such as the UNFCCC and the UNEP foundational bodies must also sustain the cooperation of nations, especially through the improvement of dialogue that would involve consideration of the developed and developing nations.
- Monitor and Adapt Climate Goals: Mechanisms such as the Global Stocktake in the Paris Agreement allows continuous assessment and keep nations on their toes owing to the constant updates and progress in climate science. It is equally important that Climate action plans be reviewed and adjusted to accommodate new problems from time to time.
Suggestions
- It is necessary to focus on two major areas to improve technological transfers and capacity building- the transfer of green technology and building the of institutional capacity in developing countries. Countries should cooperate in sustainable innovations and different technologies that can allow the reduction of emissions and improve climate vulnerability.
- Governments should be encouraged to devote more time and funds to enhance the utilization of renewable energy resources, banning fossil fuels and promoting sustainable usage among the main sectors. Promote and implement favourable policies on the increased use of wind, solar and other forms of renewable energy at the country and global level.
Conclusion
To address climate change we need global cooperation and an outright intense effort. Despite these, the legal relationship has been developed into frameworks of cooperation, which has created the need for more concrete measures for the various virtues of international law. Strengthening of the compliance measures, guaranteeing of funds and technology for the developing countries and efficient public investment in the renewable power sector are some of the important steps. Through increased global cooperation and timely adaptation of climate policies based on scientific findings, people of the world can reduce climate threats to a minimum. Lastly, it remains an undisputed fact that only continuous and combined efforts of the international society can make the full potential of international law as an effective measure, aimed at the preservation of our planet’s future.
By Shrinkhla Singh
Student, VIT School of Law
Chennai.