Global Warming & Kyoto Protocol

BY:
1- NASIR AHMAD YOUSEFI
2- GH.MOHAMMAD QANET
3- 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?
He said: O my
We could not find anything about this in the people! serve
Quran and Sunnah, explicitly, but, there are Allah, you have no
god other than
many kind of verses that Allah (all praise be He; He brought
to him) encourages the human to protect you into being
environment. from the earth,
and made you
According to the Quran, Allah(SWT) made dwell in it
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).
 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.