File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

International Convention On Climate Change and Its Implications

The human rights of millions of people, such as their rights to life, employment, food and water, are at risk from climate change. The risk is higher in developed countries, which are expected to be more frequent in drought conditions, crop loss and other climatic emergencies. In addition, the technical and financial tools needed to respond to climate change are lacking in many developed countries. In reality, because of the financial, economic and food crises and rising demographics, they still face the problems in understanding the economic, social and cultural rights of their citizens. Legal commitments on human rights explicitly compel States to intervene and protect persons and peoples from human rights abuses.

Introduction
Climate change has been marked by legal and political leaders the most serious and fundamental problem we face today, the most significant and fundamental question that affects our lives, the worst challenge facing our world, and finally, the biggest global health threat in the 21st centuries, the biggest human rights threat of our day.

The scientist believes that the primary cause of climate change is human consumption of fossil fuels, which contributes vast amounts of carbon dioxide and other greenhouse gases to the air. These gases capture the heat within the atmosphere, thus causing many detrimental habitats that are more vulnerable to wildfires, such as increasing marine temperatures, extreme weather events and droughts. Climate change has now been one of the biggest issues and threats facing the human race.

Due to global mixing of greenhouse gases (GHGs) in the atmosphere, anthropogenic climate change is a global commons problem. International collaboration is also needed to make real progress on climate change mitigation. This Paper discusses and explores objectively on how international partnership agreements and instruments have been organized and can be applied. In order to be able to achieve climate change mitigation and adaptation, the Article defines the framework of possible international negotiations and other policy instruments.

The United Nations Climate Change Framework remains a primary international climate negotiations platform. However, other organisations, including financial, international, national and local projects, as well as public-private initiatives and transnational networks have arisen at various levels. This and other connections generate possibilities, future co-benefits or damages that have not yet been explored in detail.

Human Rights and Climate Change – Recent Initiatives

In a particular resolution, the Human Rights Council of the United Nations discussed the connection between climate change and human rights. This resolution determined that climate change "threatens the world's population and societies urgently and broadly" and called for a thorough review of the links between climate change and human rights to be conducted by the United Nations High Commissioner for Human Rights (UNHCHR).climate change-related impacts have a range of implications, both direct and indirect, for the effective enjoyment of human rights including, inter alia, the right to life, the right to adequate food, the right to the highest attainable standard of health, the right to adequate housing, the right to self-determination and human rights obligations related to access to safe drinking water and sanitation.

The Right to Life

Several current and expected consequences of climate change affect the right to live adversely. For example, the growing severity of tropical storms has cost thousands of lives in Sub-Saharan Africa. The climate forecasts indicate a growing tendency in both developed and developing countries towards climate disasters. The high amount of GHGs currently released largely by the developing world can and will increase these impacts. However, developing countries are and would be affected more severely and are therefore incapable of managing and responding to climate change.

More than 90% of people vulnerable to climate hazards live in the developing world, and more than half of disaster deaths occur in low-human development index nations.
The legal obligations on the right to life are bolstered by a variety of international and regional conventions on human rights, including the ICCPR International Covenant on Civil and Political Rights (ICCPR) and customary international law.

The UN instruments impose on States responsibilities for the security, observance and compliance of this human right. States shall not act in order to interfere with the practice of human rights. They shall take affirmative action to avoid human rights abuses by persons and organisations. They must also take positive action to ensure that universal human rights are enjoyed. Not only states unilaterally deprive individuals of their lives, but also states which refuse to act when action is possible and that endanger their lives are infringing the right. Right to life is also our Fundamental right under Article 21, of the Indian Constitution.

The Right to Health

Article 12 of the ICESCR contains one of the most significant expressions of the human right to health. Many other human rights instruments contain further expressions of the right to health. The effects of diseases such as cholera, malaria, hantavirus, dengue fever, scrub typhus and schistosomiasis on temperature and geographical changes related to climatic changes are expected to rise. There are other impacts on public health rights.

In communities where access to health services is still insufficient, all of these consequences can be most felt. In many developing countries where the lack of healthcare and social services is exacerbated by issues of water quality, including water pollution, this would intensify the danger to the right to life. Failure to provide enough electricity often contributes to power failures that impede public water supply. This also happens in areas where the supply of fresh-water decreases because desertification and salinization increase. Even the human right to health has been endorsed by international organizations, which cross regional borders such as the Organization of Islamic States.

Access to Resources

Article 11, of the International Convention on Economic, social and cultural Rights (ICESCR), the States "recognize the right of everyone to an acceptable standard of life for himself and his kin, including adequate nourishment, clothes and accommodation and to the continuous improvement of conditions of living. The Universal Declaration of Human Rights also contains this right and its constituents. Significant parts of the developing world face an increasing prospect of water stress.

Healthy and sustainable water supply is a requirement for human growth. Water from glaciers and the snow cover will be declining in the 21st century, causing enormous threats to agriculture. Climate change would erode ecologically friendly resources that rely on the vulnerable and limit work and production opportunities.

The current demand on water supply, including urbanization, would be exacerbated by climate change as a result of increase in population, economics and land use changes. Much of the world's 6th population is actually reliant on mountain melt water, which would undoubtedly reduce the supply of water in the mid-latitudes, dry tropics and in other areas by the middle of the century.

There is a strong faith that climate change threatens the stability of many of the habitats, with growing amounts of CO2 harming the ecosystems, habitat loss and facilities (IPCC). Worldwide, biodiversity is being lost unprecedentedly and the biological system is fain.

The international law framework for global action to Address climate change
The United Nations Framework Convention On Climate Change (UNFCC). It was adopted in 1992. There are so far 197 Parties. It has been adopted as the main framework for international collaboration in the battle against climate change. In general, the Convention and the other relevant instruments aim to stabiles at a pace that prevents harmful anthropogenic impact on the climate system.

Article 2 of the Convention reads

The ultimate objective of this Convention and any related legal instruments that the Conference of the Parties may adopt is to achieve, in accordance with the relevant provisions of the Convention, stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner.

Article 3, sets out the principles the parties shall be guided by in their efforts to achieve the objective of Article 2. "Parties should safeguard the climate system for current and future generations" The 'basic demands and exceptional situations of developed countries' are often taken into account. It urges parties to "take precautionary steps to predict, avoid or reduce triggers and alleviate adverse effects of climate change" It facilitates sustainable growth and supports an international economic environment that is supportive and transparent.

The Kyoto Protocol

The Kyoto Protocol was the first binding step toward implementation of the UNFCCC principles and targets, but it has had a small impact on global emissions since some nations failed to ratify the Convention, some Parties failed to fulfil their commitments, and only part of the global economy fulfilled their commitments. On 11 December 1997, the Kyoto protocol was adopted. It came into effect on 16 February 2005 because of a lengthy ratification procedure. The Kyoto Protocol currently includes 192 Parties.

The gas formed by wood, charcoal and hydrocarbons combustion is carbon dioxide. The aim was to provide industrialized countries with serious commitments to reduce their emissions of carbon dioxide. In Kyoto, Japan from December 1997 to March 1998, the UN Framework Convention on Climate Change took place.

Article 2 The Kyoto Protocol adopted UNFCCC's goal to reduce the onset of global warming to a degree which would deter harmful anthropogenic interaction with the climate system by reducing greenhouse gas concentrations within the climate. For all six greenhouse gases included in Annex A, the Kyoto Protocol is applicable: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbon (HFCs), perfluorocarbon(PFCs) and sulfur hexafluoride (SF6).

Assessment of its role: effectiveness & weaknesses

Recognizing that the developing countries are largely responsible for the present high level of ambient GHG pollution, under general but differenced obligations, the Protocol puts a greater responsibility upon these countries. However, mostly through national action, countries must reach their goals.

The Protocol has, however, further means of fulfilling its objectives by three business mechanisms: The Clean Development Process, joint implementation and emissions trading. The Kyoto Protocol was seen as a significant first step to a true global reduction regime which would stabilize and architecture GHG emissions.

However, the Treaty eventually struggled to achieve major pollution reductions on a global scale, despite significant initial assistance from the international community. Although there are many reasons to the relative weakness of the Kyoto Protocol, one of the most important failings of the Protocol was its failure to facilitate full UNFCCC involvement.

A systematic, sustainable response to climate change was not provided by the Kyoto Protocol. In essence, the global warming continues to rise almost two decades since the advent of global warming as a political problem. This trend has been slowed little by the entry into force of the Kyoto Protocol. The inability to achieve its legal usefulness was due to its failure to broadly include States who fulfilled the duties set by the laws and in their individual actions or non-conformity.

Paris Agreement

The Paris Agreement was introduced by the United Nations Climate Change Regimen and was adopted in Paris on December 12, 2015 as the latest move forward in the creation of the UN climate change scheme. The core objective of the Paris Agreement is to improve the global climate response, holding global warming far below 2 degrees Celsius this century and striving to restrict the temperature to 1.5 degrees Celsius. The Paris Agreement appears to be a critical addition in attempts to tackle global climate change.

Assessment of its role: effectiveness & future outlook
The Paris Agreement is framed in a manner that provides a straightforward diplomatic account of what the parties are supposed to do with the fight against climate change, including numerous shortcomings of their legal status.

The methodological approach is to provide a basic, but consistent global effort framework. The impetus captured in Paris must be sustained in order to uphold success in the fight against global climatic change. Thus, a greater global consensus in fighting climate change seems to have been reached with the signing of the Paris Agreement. Moreover, by including states tied up with sense of society and co-operation to avoid disastrous climate change, with the support of most important countries in the world.

Conclusions
Several current and expected consequences of climate change affect the right to live adversely. Significant parts of the developing world face an increasing prospect of water stress. Healthy and sustainable water supply is a requirement for human growth. Water from glaciers and the snow cover will be declining in the 21st century, causing enormous threats to agriculture. Climate change would erode ecologically friendly resources that rely on the vulnerable and limit work and production opportunities.

Climate change-related impacts have a range of implications, both direct and indirect, for the effective enjoyment of human rights including, inter alia, the right to life, the right to adequate food, the right to the highest attainable standard of health, the right to adequate housing, the right to self-determination and human rights obligations related to access to safe drinking water and sanitation.

References:
  1. David Waskow, Joel Jaeger and Joe Thwaites, 4 Big Outcomes the Leaders’ Summit on Climate Can Deliver, https://www.wri.org/blog/2021/04/4-big-outcomes-leaders-summit-climate-can-deliver
  2. United Nations Climate Change Framework Convention, Article 2, 4 June 1992.
  3. United Nations Climate Change Framework Convention, Article 3, 4 June 1992.
  4. Paris Agreement to the United Nation Framework Convention on Climate Change, Dec. 12, 2015, T.I.A.S. NO. 16-1104.
  5. Kyoto Protocol to the United Nations Framework Convention on Climate Change, 11 December 1997.
  6. Jane A. Leggett, The United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement: A Summary, https://fas.org/sgp/crs/misc/R46204.pdf.
  7. Laurence Boisson de Chazournes,The Human Impact on Climate Change, https://legal.un.org/avl/ha/ccc/ccc.html.
  8. Diganth Raj Sehgal, Climate change : New laws are the need of the hour, https://blog.ipleaders.in/climate-change-new-laws-need-hour/#:~:text=Droughts%20are%20the%20main%20reason,especially%20of%20Brahmaputra%20and%20Ganges.
  9. India Const. art. 21.

    Award Winning Article Is Written By: Ms.Saloni Neema
    Awarded certificate of Excellence
    Authentication No: MA113053856562-10-0521

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Copyright: An important element of Intel...

Titile

The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Law of Writs In Indian Constitution

Titile

Origin of Writ In common law, Writ is a formal written order issued by a body with administrati...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly