Global Warming & Kyoto Protocol

BY: 1- NASIR AHMAD YOUSEFI2- GH.MOHAMMAD QANET3- M.TAREQ HAJI HASAN

COURSE:INTERNATIONAL ENVIRONMENTAL LAW

LL.M IN INTERNATIONAL LAW LECTURER:

PROF. DR. HASEEB ANSARI

 SEMESTER TWO

2014/2015

GLOBAL WARMING & KYOTO PROTOCOL

The problem of global warming is regarded as one of the most serious environmental problems of our time, concerning which experts have held many conferences and published many articles about its dire consequences. These experts attribute this rise in temperature to the accumulation of gases in the atmosphere that is caused by factories, power stations and car emissions, which has led to a rise in air temperature and ocean temperature, which threatens to melt the ice-caps and cause flooding of land, which is expected to change the features of some countries completely and to change the climate of vast areas on earth.

Global warming the Islamic view

Is there anything in the Qur’aan or Sunnah about global warming?

We could not find anything about this in the Quran and Sunnah, explicitly, but, there are many kind of verses that Allah (all praise be to him) encourages the human to protect environment.

According to the Quran, Allah(SWT) made well everything he has created: “Who made all things good which He created” (32:7). And we are commanded to keep it that way: “Do no mischief on the earth, after it hath been set in order” (7:56).

He said: O my people! serve Allah, you have no god other than He; He brought you into being from the earth, and made you dwell in it

What Is Global Warming?

Global warming is when the earth heats up and the temperature increases more recently, the temperatures have been rising, causing more dangers for people, animals, plants and our environment.

THE GREENHOUSE EFFECT

The Earth gets energy from the sun in the form of sunlight. The Earth's surface absorbs some of this energy and heats up. That's why the surface of a road can feel hot even after the sun has gone down—because it has absorbed a lot of energy from the sun. The Earth cools down by giving off a different form of energy, called infrared radiation. But before all this radiation can escape to outer space, greenhouse gases in the atmosphere absorb some of it, which makes the atmosphere warmer. As the atmosphere gets warmer, it makes the Earth's surface warmer, too.

Causes of Global Warming

Electrical pollution is a main cause for Global Warming. Mostly, fossil fuels are burned to create electricity and are made of dead plants and animals. Some examples of fossil fuels are oil and petroleum. Many pollutants (chemicals that pollute the air, water, and land) are sent into the air when fossil fuels are burned. Some of these chemicals are called greenhouse gasses.

Petroleum, one of the sources of energy, is used a lot. It is used for transportation, making electricity, and making many other things. Although this source of energy gives off a lot of pollution, it is used for 38% of the United States’ energy.

When we throw our garbage away, the garbage goes to landfills. They are full of garbage. The garbage is then sometimes burned. This sends an enormous amount of greenhouse gasses into the air and makes global warming even worse.

Another factor that makes global warming worse is when trees are cut down. Trees and other plants collect and absorb carbon dioxide (CO2), which is a greenhouse gas.

Results of Global Warming

Global warming is affecting many parts of the world, including melting glaciers, creating the sea to rise even more, and when that happens, the water covers many low land islands.

Global Warming also destroys many huge forests. The pollution that causes global warming is linked to acid rain. Acid rain gradually destroys almost everything it touches. Global warming is also causing many more fires that wipe out whole forests. This happens because global warming can make the earth very hot. In forests, some plants and trees leaves can be so dry that can catch on fire.

Kyoto protocol

• The most recent international effort to address the greenhouse effect was the Kyoto Protocol. In December 1997 many countries were negotiating on making an agreement regarding the solution ways for global warming. subsequently many countries agreed on an agreement in the name of The Kyoto Protocol and this protocol came into force in February 16, 2005. The protocol was developed under the United Nations Framework Convention on Climate Change (UNFCCC).

• There are currently 192 Parties (Canada withdrew effective December 2012)to the Protocol. The Protocol is based on the principle of common but differentiated responsibilities: it puts the obligation to reduce current emissions on developed countries on the basis that they are historically responsible for the current levels of greenhouse gases in the atmosphere.

• National targets range from 8% reductions for the European Union and some others to 7% for the US, 6% for Japan, and permitted increases of 8% for Australia and 10% for Iceland.“

Greenhouse Gases

Greenhouse gases are those that can absorb and emit infrared radiation, but not radiation in or near the visible spectrum. In order, the most abundant greenhouse gases in earth’s atmosphere are:

1. Nitrous oxide (N2O)

2. Methane (CH4)

3. Per fluorocarbons (PFCs)

4. Hydro fluorocarbons (HFCs)

5. Sulphur hexafluoride (SF6)

If the states that are participants of this protocol obey with emissions of the above mentioned the targets, then they are needed to engage in. i.e. Buying "credits" from the other countries (emission trade) that participants who have the capability to exceed their reduction targets in order to offset.

• The Kyoto protocol’s targets were to see participants collectively reducing emissions of greenhouse gases by 5.2% below the emission levels of 1990 by 2012. Individual countries were assigned higher or lower targets and some countries were permitted increases. While the 5.2% figure is a collective one, For example, the USA was expected to reduce emissions by 7%.

Criticism of Kyoto protocol

• Critics of the Kyoto Protocol focused on the fact that it levied restrictions only on the developed nations of the world, and not on developing countries like China, India, and Brazil.

• Many people criticized Kyoto because its mechanisms created a carbon marketplace, where carbon credits could be traded. This allowed richer nations to avoid cutting their emissions and, in some cases, disguise an increase.

• Other major criticisms included that the original targets of 5.2% would make little impact on the main cause of climate change - human induced emissions.

American approach toward Kyoto protocol

• In late March 2001, President Bush announced that the U.S. would withdraw from the Kyoto Protocol. In the absence of ratification, the treaty is not considered legally binding.

• Bush suggested in his June 11, 2001 remarks that instead of committing to the Kyoto Protocol standards, the U.S. would combat global warming in other ways.

• Initially, the U.S. withdrawal from the Kyoto Protocol was considered its death knell.

• The European Union and other nations continue to pressure Bush to adopt the Kyoto Protocol. The Senate Foreign Relations Committee has passed a unanimous resolution calling for him either to sign on to a revised version of the Kyoto Protocol, or to develop a new international agreement for reducing greenhouse gases.

The Kyoto mechanisms

Under the Treaty, countries must meet their targets primarily through national measures. However, the Kyoto Protocol offers them an additional means of meeting their targets by way of three market-based mechanisms.

Emission Trading– known as “the carbon market"  Clean Development mechanism (CDM) Joint Implementation (JI) The mechanisms help stimulate green investment and help Parties

meet their emission targets in a cost-effective way.

MONITORING EMISSION TARGETS

Countries’ actual emissions Under the Protocol, have to be evaluated and precise records have to be kept of the trades which are practiced.

1- Registry System : under the mechanisms, the parties shall track and record transactions ,The UN Climate Change Secretariat, based in Bonn, Germany, keeps an international transaction log to diagnose that transactions are according with the regulations of the agreement.

2- Reporting: is done by Parties by way of submitting annual emission inventories and national reports under the Protocol at regular intervals.

CON…

3- A Compliance system: guarantee that Parties are putting in practice their commitments and assists them to obey their promises if they have problems doing so. 

4- Adaptation: The Kyoto Protocol, is also set to help countries in accepting to the oppose effects of climate change. It makes the development easy and as well as deployment of techniques that can cause for increasing elasticity to the impacts of climate change.

KYOTO AGREEMENT, KEY POINTS

Kyoto is a legally binding agreement between signed-up countries to meet emissions reduction targets of all greenhouse gases by 2012 relative to 1990 levels.

No. of countries which took part in the discussions (in 1997): 141 No. of (industrialized) countries which ratified the agreement (in 2001): Reason for delay: the agreement needed countries responsible for 55% of 1990

emissions to ratify - after the USA refused in 2001, Russian ratification was needed - this was only obtained in Nov'04.

Overall average emissions target: 5.4% UK target: 12.5%

Some eco-advanced countries have agreed to high emissions targets; e.g. Germany and Denmark 21%

Some less advanced countries are allowed to increase emissions: e.g. Greece +25%, Spain +15%, Ireland +13%

The large developing countries, especially China, India and Brazil, took part in the discussions but were not expected to have reduction targets.

Penalties: (in Europe) 40 Euros per tone of greenhouse gas. Also, after 2012, shortfalls to be added to any new target and multiplied by 1.3.

Some eco-advanced countries have agreed to high emissions targets; e.g. Germany and Denmark 21%

Some less advanced countries are allowed to increase emissions: e.g. Greece +25%, Spain +15%, Ireland +13%

The large developing countries, especially China, India and Brazil, took part in the discussions but were not expected to have reduction targets.

Penalties: (in Europe) 40 Euros per tone of greenhouse gas. Also, after 2012, shortfalls to be added to any new target and multiplied by 1.3.

Market-based approach: to give incentives through carbon trading; e.g. a company or country finding it expensive to achieve an emissions reduction has the alternative of paying money ("buying credits") so that the money can be used elsewhere on projects where an equivalent emissions reduction can be achieved at less cost. Conversely, a company or country exceeding its target receives money ("selling credits"). In Europe, carbon is being traded at around £10 per tone.

DOHA, Qatar, December 8, 2012 (ENS) – At the UN’s annual climate change conference just concluded in Doha, 184 countries agreed to an extension of the Kyoto Protocol through 2020 A second commitment period was proposed in 2012, known as the Doha Amendment, in which 37 countries have binding targets: Australia, the European Union (and its 28 member states), Belarus, Iceland, Kazakhstan, Liechtenstein, Norway, Switzerland, and Ukraine. Belarus, Kazakhstan and Ukraine have stated that they may withdraw from the Protocol or not put into legal force the Amendment with second round targets. Japan, New Zealand and Russia have participated in Kyoto's first-round but have not taken on new targets in the second commitment period.