Climate_Chnage

Climate change is a global concern. How effective are the legal mechanisms for tackling climate change' There is no need for debate on whether climate change is a global concern. Climate change impacts are already affecting humans and the planet. And the science shows it will get far, far worse with its projected continuation. The question is: What legal mechanisms have been implemented by all forms of government to tackle climate change, and how effectively are they being pursued' Climate change continues to threaten our environment and presents enormous challenges for conventional modes of socioeconomic governance. Against this backdrop, the last few years have seen the consolidation of a body of legal rules and principles based around the fundamental problems of mitigating and adapting to climate change. The new climate change laws extend from international to local levels of governance, and encompass the activities of a range of players including governments, businesses and non-government environmental groups. Progress in climate change law has been made: we have international agreements; more resources for scientific research, leading to stronger evidence; some policy advances; a change in industry rhetoric; and a certain increase in public awareness. But all this falls far short of what is needed. At the heart of the problem is the production and use of fossil fuels. Many developed countries have now accepted legally binding emissions targets in the Kyoto Protocol, but these are widely recognised to be seriously inadequate and as a result the US – one of the main culprits in the increase of climate change and the world’s largest producer of greenhouse gas – has opted out. In 1998, the United Nations Environment Programme (UNEP) and the World Meterological Organisation (WMO) created the Intergovernmental Panel on Climate Change to asses the scientific knowledge on global warming. Its first report in 1990 led way to an international convention on climate change. This became the United Nations Framework Convention on Climate Change (UNFCCC). The Convention took effect in 1994 and by 1995 negotiations had started on a protocol – an international agreement linked to the existing treaty but standing on its own. This led to the Kyoto Protocol, adopted collectively in 1997. The main purposes of this protocol was to: provide mandatory targets on greenhouse-gas emissions for the world’s leading economies all of whom accepted it at the time; provide flexibility in how countries meet their targets; further recognise that commitments under the Protocol would vary from country to country. So is this convention – a first step in tackling climate change – been proved effective' Some environmentalists and scientists have blamed and criticised the existing commitments for being too weak while others support the Kyoto Protocol because it is “the only game in town”. The World Bank commented on how the Protocol had only a slight effect on cutting global emissions growth, from just 1997 to 2005 energy related emissions had grown 24%. The World Bank also stated that the Protocol had provided only limited financial support to developing countries to assist them in reducing their emissions and adapting to climate change. This type of criticism was based on the idea of climate justice. This was particularly centered on the balance between the low emissions and high vulnerability of the developing world to climate change, compared to the high emissions in the developed world. One might argue that the Kyoto Protocol is worthy, an essential and necessary step in fighting against climate change and is effectively working while others might argue that climate change is and will continue to grow worse with or without its help. As an advanced nation, Australia has demonstrated its emphasis on the growing need to help in the fight against climate change through the signing and ratification of various documents and acts such as the Kyoto Protocol and The Building Code of Australia (BCA). Reorientating Australia’s energy profile towards one which is less in emissions output is a key policy priority. The NSW State Government has been an international trailblazer in greenhouse gas emissions trading and a driving force in the establishment of a national emissions trading scheme - the NSW Greenhouse Gas Abatement Scheme – established unilaterally by the NSW Government in 2003. The NSW Government continues to operate the world's second largest emissions trading scheme, which since 2005 has resulted in the abatement of over 91 million tonnes of greenhouse gas pollution. On a negative front, the scheme has been criticized by the Centre for Energy and Environmental Markets of the UNSW because of its lack of effectiveness in reducing emissions and its lack of transparency. This also prompted the application of energy-efficient fluorescent lightbulbs and the establishment of minimum energy performance standards in the case of buildings (both residential and commercial) and electrical appliances. Minimum energy standards for new residential estates contained in the BCA are mandated via legislation in each state and territory. For example, all new homes constructed in the state of Victoria must achieve a five star energy rating. Also, many electrical appliances are now covered by a mandatory labelling scheme, designed to provide information about the energy efficiency of different products and to influence consumers to buy products that use less energy. Although these mechanisms put in place in Australia have helped combat climate change, reduce our countries overall energy consumption and raised public awareness of the growing danger of climate change scientific research confirms that some degree of climate change is already inevitable. It has now been clearly established that climate change is a global concern. The UK government chief scientific advisor, David King stated in January 2004, “climate change is the most severe problem that we are facing today, more serious even than the threat of terrorism”. This reinforces the urgent need to face the threat that climate change is creating on our society and environment. All the legal mechanisms listed above and many more on all levels of government have been implemented with the aim of tackling and adapting to climate change. Conventions like the Kyoto Protocol – even with their disadvantages – have helped in the reduction of climate change impacts as well as raised considerable amounts of public awareness. The Protocol’s effectiveness cannot be measured by being marked on a scale but rather on opinion. The problem with climate change law is the significant time lag between the implementation of laws and the first sign of results. This makes judging effectiveness very difficult and ultimately it is up to us as individuals to decide whether these laws are effective or not.