This article has been written by Shreya Sujal, LLM in Specialisation in Environmental Law, Energy and Climate Change from O.P.Jindal University.
Introduction
The phenomenon of rising global temperatures, often termed “global warming,” has become one of the most pressing issues of our time. It is a consequence of the increased concentration of greenhouse gases (GHGs) in the Earth’s atmosphere due to human activities, particularly the burning of fossil fuels, deforestation, and industrial processes. This temperature rise is not merely a scientific concern but also a legal and ethical issue that calls for a comprehensive response from governments, international organizations, and civil society. The legal implications of global warming encompass a range of areas, including environmental law, human rights, international law, and climate justice. This article explores the multifaceted legal challenges and opportunities associated with rising global temperatures and the role of law in mitigating its impacts.
The Science of Global Warming
Global warming refers to the long-term increase in Earth’s average surface temperature due to human activities. The Intergovernmental Panel on Climate Change (IPCC) has documented that the Earth’s average surface temperature has risen by approximately 1.2°C above preindustrial levels as of 2023. The primary cause of this temperature rise is the accumulation of GHGs, such as carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O), in the atmosphere. These gases trap heat, leading to the greenhouse effect, which warms the planet.
The consequences of rising global temperatures are far-reaching and include more frequent and severe weather events, rising sea levels, loss of biodiversity, and disruptions to ecosystems and agriculture. The scientific consensus is clear: if global temperatures continue to rise at the current rate, the world will face unprecedented environmental, social, and economic challenges.
International Legal Frameworks on Climate Change
The international community has recognized the need to address global warming through various legal instruments and agreements. The United Nations Framework Convention on Climate Change (UNFCCC), adopted in 1992, was the first major international treaty aimed at stabilizing GHG concentrations in the atmosphere. The UNFCCC established a framework for international cooperation on climate change, leading to the adoption of the Kyoto Protocol in 1997 and the Paris Agreement in 2015.
The Kyoto Protocol: The Kyoto Protocol was a legally binding agreement that committed developed countries to reduce their GHG emissions by an average of 5.2% below 1990 levels during the first commitment period (2008-2012). While the Kyoto Protocol was a significant step forward, it was criticized for its limited scope, as it placed binding obligations only on developed countries, excluding major emerging economies like China and India.
The Paris Agreement: The Paris Agreement, adopted in 2015, marked a turning point in the global response to climate change. Unlike the Kyoto Protocol, the Paris Agreement requires all countries, regardless of their level of development, to take action to limit global temperature rise to well below 2°C above pre-industrial levels, with an aspirational target of 1.5°C. The agreement is based on nationally determined contributions (NDCs), which are voluntary pledges by countries to reduce their GHG emissions. The Paris Agreement also includes provisions for financial assistance to developing countries, technology transfer, and capacity building.
The Paris Agreement has been hailed as a landmark achievement, but its success depends on the implementation of ambitious climate policies by individual countries. The “ratchet mechanism” built into the agreement requires countries to periodically review and strengthen their NDCs, creating a framework for continuous improvement.
National and Regional Legal Responses
In addition to international agreements, national and regional legal frameworks play a crucial role in addressing global warming. Countries around the world have enacted various laws and regulations to reduce GHG emissions, promote renewable energy, and enhance climate resilience.
Climate Change Legislation: Many countries have adopted climate change legislation that sets targets for GHG emission reductions and outlines strategies for achieving these targets. For example, the United Kingdom’s Climate Change Act of 2008 was the world’s first legally binding climate change law, setting a target to reduce GHG emissions by at least 80% by 2050 compared to 1990 levels. The UK has since increased its ambition, committing to a legally binding target of net-zero emissions by 2050.
Renewable Energy Laws: The transition to renewable energy is a key component of efforts to combat global warming. Countries have enacted laws to promote the development and deployment of renewable energy sources, such as wind, solar, and hydroelectric power. The European Union, for example, has implemented the Renewable Energy Directive, which sets binding targets for the share of renewable energy in the EU’s energy mix. The directive also includes provisions for grid integration, renewable energy certificates, and support schemes.
Carbon Pricing: Carbon pricing is a market-based approach to reducing GHG emissions by putting a price on carbon emissions. There are two main types of carbon pricing: carbon taxes and cap-and-trade systems. Carbon taxes impose a direct tax on the carbon content of fossil fuels, while cap-and-trade systems set a limit on emissions and allow companies to buy and sell emission allowances. The European Union Emissions Trading System (EU ETS) is the world’s largest cap-and-trade system, covering more than 11,000 power plants and industrial facilities across Europe.
Adaptation and Resilience: Legal frameworks also address the need for adaptation and resilience to the impacts of global warming. Adaptation measures include building resilient infrastructure, protecting coastal areas from sea-level rise, and developing early warning systems for extreme weather events. Countries have adopted laws and policies to integrate climate resilience into planning and development processes. For example, the Philippines’ Climate Change Act of 2009 mandates the mainstreaming of climate change adaptation into government programs and projects.
Climate Litigation: A Growing Trend
In recent years, climate litigation has emerged as a powerful tool for holding governments and corporations accountable for their contributions to global warming. Courts around the world are increasingly being asked to adjudicate cases related to climate change, ranging from challenges to inadequate government policies to lawsuits against fossil fuel companies for their role in causing climate-related damages.
Government Accountability: One of the most significant climate litigation cases is the Urgenda case in the Netherlands. In 2015, the Dutch Supreme Court ruled in favor of the Urgenda Foundation, which had sued the Dutch government for failing to take adequate action to reduce GHG emissions. The court ordered the government to reduce emissions by at least 25% by 2020 compared to 1990 levels. The Urgenda case set a precedent for holding governments legally accountable for their climate policies.
Corporate Liability: Climate litigation is also targeting corporations, particularly fossil fuel companies, for their role in contributing to global warming. In the United States, several cities and states have filed lawsuits against major oil companies, seeking compensation for the costs of climate change impacts, such as rising sea levels and extreme weather events. These cases argue that the companies knowingly contributed to climate change and misled the public about the risks of their products.
Human Rights and Climate Justice: Climate litigation is increasingly being framed in terms of human rights and climate justice. The UN Human Rights Council has recognized that climate change poses a threat to the enjoyment of a wide range of human rights, including the right to life, health, food, water, and housing. Cases such as the Torres Strait Islanders’ complaint to the UN Human Rights Committee highlight the disproportionate impact of climate change on vulnerable communities and the need for legal protection of their rights.
The Role of Environmental Law in Addressing Global Warming
Environmental law plays a central role in addressing global warming by providing the legal framework for regulating GHG emissions, protecting natural resources, and promoting sustainable development. Key areas of environmental law relevant to global warming include:
Air Quality Regulation: Environmental laws regulate air pollution, including GHG emissions, through standards, permits, and enforcement mechanisms. For example, the Clean Air Act in the United States authorizes the Environmental Protection Agency (EPA) to set national ambient air quality standards and regulate GHG emissions from stationary and mobile sources.
Environmental Impact Assessment (EIA): EIA is a legal process that requires developers to assess the environmental impacts of proposed projects and consider alternatives that minimize harm. Climate change considerations are increasingly being integrated into EIA processes, ensuring that the potential GHG emissions and climate resilience of projects are evaluated before approval.
Biodiversity and Ecosystem Protection: Rising global temperatures pose a significant threat to biodiversity and ecosystems. Environmental laws protect endangered species, habitats, and ecosystems through measures such as protected areas, habitat conservation plans, and restrictions on land use and development.
International Environmental Law: International environmental agreements, such as the Convention on Biological Diversity (CBD) and the Ramsar Convention on Wetlands, contribute to global efforts to address the environmental impacts of global warming. These agreements promote the conservation and sustainable use of natural resources, which are essential for maintaining the resilience of ecosystems in the face of climate change.
Challenges and Opportunities
The legal response to rising global temperatures faces several challenges, including the complexity of the issue, the need for international cooperation, and the influence of powerful vested interests. However, there are also opportunities for innovation and progress.
Transboundary and Global Cooperation: Global warming is a transboundary issue that requires coordinated action at the international level. International law must continue to evolve to facilitate cooperation between countries, address issues of equity and justice, and ensure that all countries contribute to global efforts to reduce GHG emissions.
Innovation in Climate Law: Legal innovation is needed to develop new tools and approaches for addressing global warming. This includes the creation of legal mechanisms for climate finance, the development of new forms of liability for climate-related damages, and the integration of climate considerations into all areas of law and policy.
Climate Justice and Equity: Climate change disproportionately affects vulnerable communities, including indigenous peoples, low-income populations, and small island states. Legal frameworks must prioritize climate justice and equity, ensuring that those most affected by global warming have access to legal remedies, resources, and support.
Corporate Responsibility: The role of corporations in contributing to global warming is increasingly under scrutiny. Legal frameworks must hold corporations accountable for their GHG emissions and incentivize the transition to sustainable business practices. This includes strengthening corporate disclosure requirements, promoting environmental, social, and governance (ESG) standards, and supporting shareholder activism on climate issues.
Conclusion
Rising global temperatures present an unprecedented challenge that requires a comprehensive and coordinated legal response. International agreements, national laws, and climate litigation are all essential tools in the fight against global warming. However, the legal response must continue to evolve to address the complexity of the issue, promote innovation, and ensure justice and equity for all. As global temperatures continue to rise, the role of law in mitigating climate change and protecting the environment will become increasingly critical. The success of these efforts will depend on the commitment of governments, businesses, and civil society to uphold the principles of environmental sustainability and climate justice.
