HIMACHAL PRADESH NATIONAL LAW UNIVERSITY, SHIMLA

16 MILE, SHIMLA-MANDI NATIONAL HIGHWAY, GHANDAL

DISTRICT SHIMLA, HIMACHAL PRADESH-171014

Climate Change and Human Health: A Legal Perspective

Health Laws

Course In-charge Submitted by

Dr. Navditya Tanwar Ishu Dayal

Srivastava
Assistant Professor of Law B.A. LL.B. 9th Semester,
1020192026

Acknowledgements

I wish to take this opportunity to offer my sincere gratitude to my academic supervisor, Dr. Navditya
Tanwar, Assistant Professor of Law, Himachal Pradesh National Law University, Shimla. Without his
kind direction and proper guidance, this study would have never come to fruition.

I am also greatly indebted to Himachal Pradesh National Law University’s library resources for
providing me with the necessary subscriptions to conduct this research which helped me in making
this assignment.

Last but not the least; I would like to thank everyone who guided me throughout the process of
making this study a successful venture.
 Declaration

This is to certify that the research paper submitted by me is an outcome of my independent and
original work. I have duly acknowledged all the sources from which the ideas and extracts have been
taken.

I certify that the intellectual content of this research is the product of my own work and that all the
assistance received in preparing this research and sources have been acknowledged. The format of
citation being used is Bluebook, 20th Edition.

All work is my original content and has been rid of plagiarism to the greatest extent possible. I am
aware that the work may be electronically verified for plagiarism detection.

Ishu Dayal Srivastava

Introduction

Climate is the average weather situation in a particular region over a long period and varies
due to natural conditions. The global climate are the result of a complex interaction of
numerous factors, characterized by a primary energy source (solar radiation) and on the other
a large number of Earth features and phenomena that shape, as the composition of the
atmosphere, winds, ocean currents, rain, or volcanic eruptions.1

The word climate established in antiquity from the verb incline (i.e.): Inclination of solar
radiation to the earth's surface. The meaning of this gradient observed Eratosthenes 2. And
indeed it is the most important factor in shaping the climate of each area because depending
on the latitude of a place, the angle of incidence of solar radiation in the Earth changes. The
climate also varies with time and changes gradually over a period of decades and centuries.
These changes may be due to human activity.3 The earth's climate is constantly changing.
Experiencing only a very small act of work, we often have difficulty to understand the great
changes of the Earth's climate, which is characterized by several periods of glaciations, which
are interrupted by short breaks warmth and prosperous life. 4 Any human intervention on the
factors that shape the climate can lead to change. This fact, coupled with the uncertainty in
the theoretical calculation of the effects is the main argument of the skeptics who question
whether the same phenomenon, or the size of the impact. 5. The climate change and
environmental destruction are considered among the most important problems of modern
civilization globally. Threatened all areas of human life and the survival of all living
organisms on the planet, from coral reefs to the Arctic.6

1 Ramalay, F. (1940). Τhe growth of a science. University of Colorado, 26:314

2 Babiniotis, G. (2010). Greek Dictionary . Athens.
3 Gupta, A.S., Jain, S., Kim J.S. (2011). Past, Climate, future perspective: an exploratory analysis using climate
proxies and drought risk assessment to inform water resources management and policy in Maine, USA. Journal
of Environmental Management. 92 (3):9417
4 Kintisch, E. (2013). Climate change. Dr. Cool. Science. Oct 18;342(6156):3079.
5 Randalls, S. (2011). Optimal climate change: economics and climate science policy histories (from heuristic
to normative).Osiris. 26:22442.
6 Giannakopoulos, C., Kostopoulou, C., Varotsos, K., Plitharas, A. (2009). The future of Greece: impacts of
climate change in Greece in the near future”. WWF Hellas, September. Athens.
Problem Profile

This research aims to provide insight into diverse facets of a legal perspective on climate change and
its relationship with human health.

Research Methodology

The study relies on primary and secondary data including statistics, case studies, observations, and
analysis of literature including research papers, and books. The research is doctrinal.

Objectives

● To explain briefly the impact of climate change of human health.

● To explore the steps taken on national and international level to curb climate change.

Research Questions

The questions taken up by the researcher are:

● What is the effect of climate change on human health?

● What legislations are different nations enacting to curb climate change?

● What are the steps being taken internationally to curb climate change?

Climate Disasters and Health Effects

Climatic changes can in different ways to have an impact on our health. Climate change
affects the human organism in a direct and indirect way. Direct exposure is realized through
changing weather conditions, such as temperature, rainfall, rising sea levels and more
frequent extreme weather events. The indirect exposure due to lower quality of water, air and
food, and to changes in the ecosystem.7

Personal characteristics such as age, sex, and weight, eating habits, the general physiological
status, preexisting diseases, general behavior and lifestyle are all factors that can influence
the response of an organism when it is exposed to adverse environmental conditions. 8 As a
result of these changes, older (elderly) populations have a weakened immune system and

7 Yentekakis, Ι. (2003). Atmospheric pollution: impact monitoring and alternative technologies. Thessaloniki,
Publications Tziola.
reduce their ability to resistant to toxic factors. Apart from those to vulnerable groups,
belongs:

The children & People with chronic health problems under constant medical observation.

The poor people with problematic nutrition and malnutrition who reside in lowincome areas
with poor access to health services. Islands and mountainous regions residents with water
scarcity and difficulty finding healthy food.

Immigrants who belongs at social exclusion from the labor market, social and health
services.9

Study of W.H.O in 2004 estimated that more than 5 million children die every year from
diseases caused by environmental factors that change from climate catastrophe. Asthma,
carbon monoxide, drinking water, sanitary conditions, poor quality of food, the atmospheric
ozone and ultraviolet radiation are just some of the most common causes that threaten the
health and the lives of children.10 The time of exposure to dangerous climatic factors can also
affect the nature of the adverse health effects. Contacting of a child e.g. with lead, results in
learning difficulties and slow growth but in an adult while the effects are different, have
mostly to do with the pressure increase. Thus obtained that children are vulnerable to risks
which coming from the environment and threaten their lives.

THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE

The Intergovernmental Panel on Climate Change (IPCC) is a scientific body which under the
auspices of the United Nations was established in the year 1988 by the World Meteorological
Organization (WMO) and the United Nations Environmental Programme (UNEP) which
supports the United Nation Framework on Climate Change that is deemed to be the main
international treaty on climate change. IPCC reports to UNFCCC which contains ‘Summary

8 Leduc, A. O., Munday, P.L., Brown, G.E., Ferrari, M.C. (2013). Effects of acidification on olfactorymediated
behaviour in freshwater and marine ecosystems: a synthesis. Philos Trans R Soc Lond B Biol Sci . 368 (1627):
20120447.
9 Deschênes, O., Greenstone M. (2012). The Economic Impacts of Climate Change: Evidence from Agricultural
Output and Random Fluctuations in Weather: Reply. American Economic Review, 102(7): 3761–3773.

10 W.H.O. (2004.) The World Health Report 2004. WHO, Geneva.

for Policymakers’ that is subject to approval by all the delegates from participating
governments.

The structure of IPCC includes committees that will be working on various tasks which are as
follows:

● Working Group I – deal with The Physical Science Basis which will assess the physical
science related to climate change.11
● Working Group II – deals with Climate Change Impacts, Adaption, and Vulnerability
which will assess the vulnerability related to socioeconomic and natural systems of
climate change and its impacts whether positive or negative if adapted. 12
● Working Group III – deals with Mitigation of Change where mitigation and policies
would be assessed and methods will be laid down for removing greenhouse emissions
and the impact of such emission from the atmosphere.

● Task Force on National Greenhouse Gas In ventories calculates and develops methods for
reduction and removal of greenhouse gas emissions.13

UNITED NATION FRAMEWORK ON CLIMATE CHANGE

The United Nations Framework Convention on Cli mate Change (UNFCCC), the purpose of
which was to stabilize emissions of greenhouse gases, was adopted in 1992 and entered into
force in 1994.14 The Convention establishes several means through which developing and
developed countries could cooperate to meet the Convention's objectives. These means
include financing arrangements and technology transfers.15

11 The Intergovernmental Panel on Climate Change. (2020, December).[Link]

wg1/ (In English)
12 The Intergovernmental Panel on Climate Change. ([Link]).[Link]
wg2/. (In English)
13 The Intergovernmental Panel on Climate Change. ([Link]). [Link]
wg3/. (In English)
14 The Intergovernmental Panel on Climate Change. ([Link]). [Link]
(In English)
15 United Nations Climate Change. ([Link]). [Link] (In English)
The Convention includes various important articles related to Climate Change. 16They are as
follows;

● Article 3(1) – This article mentions that the Parties should act in a way to protect the
climate and combat its adverse effects based on ‘common but differentiated responsibilities.’

● Article 4 – This provision states that all parties must make a general commitment to
address climate change.

● Article 4(1) – This provision relates to taking into account certain responsibilities „to pro
mote and cooperate in the development, application, diffusion, including transfer, of
technologies, practices, and processes that control, reduce, or prevent anthropogenic
emissions of greenhouse gases.”

● Article 4(5) – This provision relates to the practical steps to promote, facilitate and finance
so that the developed countries and developed parties take necessary measures for the
enhancement of endogenous capacities and technologies of developing country Parties.

● Article 4(7) – This provision ensures that commitments made under the convention are
effectively implemented.

CLIMATE CHANGE AND CHILDREN UNICEF

UNICEF states that children are the least respon sible for all the harm done to the
environment which has led to a high degree of climate change. Due to climatic factors like
droughts, floods, change in the pat tern of global rainfalls has led to failures in agricultural
produce further leading to a rise in the prices of such commodities. This has affected the
health of children adversely as the children are now not able to have a healthy living and are
prone to diseases such as den gue, malaria, and pneumonia, etc.17

16 Technology Transfers Under the United Nations Framework Convention on Climate Change. 2006. (In
English)

17 Leach & Shapiro, 1986. (In English)

ENVIRONMENTAL LAWS

Every country possesses certain domestic environmental laws and certain international laws
also govern climate change in providing justice to Mother Nature. The depletion rate of
climate is so intense that it makes us wonder, what will be the scenario in say 2030? How are
we supposed to sustain the environment and climate if we do not start protecting it now, as it
is now or never?'

According to Grantham Research Institute on Climate Change and the Environment and the
Sabin Center on Climate Change Law, there exist more than 1200 policies and relevant laws
mapped by more than 164 countries, which leads to the emission of global gases by 95%. 18
For many years we have been allocating resources, addressing probable harms, laying
guidelines, etc. but why are we still not able to protect the climate? Is it the political discourse
or people nowadays have been so selfish that they even forget that wasting/degrading
resources 'now' will make their old age ‘suffer?’

Environmental Laws are the necessity of 'now' and preservation is a must. Certain countries
have strongly believed in preservation and are working towards the preservation of a 'better
future' whereas certain countries are still not serious enough for 'conservation and
preservation.'

COUNTRY SPECIFIC LAWS:

1. CHINA – China is the most populated country in the world as per the US Census Bureau
Current Population (1st July 2020),19 the damage and damage control is presumed to be high
from the country.

● Law on the Prevention and Control of Atmospheric Pollution, 2016

China, since the 1970s, has been working towards adopting modern management techniques
to prevent environmental degradation. The country in 1972 participated in the Stockholm

18 United Nations Children’s Fund (UNICEF) (2007. December). [Link]

mate_Change_and_Children.pdf. (In English)

19 United States Census Bureau. U.S. and World Population Clock. (2020. December).[Link]
popclock/. (In English)
Conference based on Hu man Environment which focused on eliminating the pollution from
its roots.20

Article 1 of statute21 deals with needs, methods, and provisions to prevent atmospheric
pollution to pro tect, safeguard health, and improve sustainable development for the
betterment of society. The statute imposes restrictions on pollution through burning coal and
fossils, motor vehicles, industrial pollution, etc. the main components of which are sulphur
dioxide, nitrogen, greenhouse gases, ammonia, etc. (Article 2). China, to promote a clean
environment, better air quality index22, imposed a ban on coal for personal household uses in
2015 mentioned in Chapter IV, Section 1. The statutes also lay provisions to restrict the use
of components such as sulphur, olefin, benzene that are the major pollutants as per Article 13.
The state, as mentioned in Article 50, is also working towards adopt ing measures to impose
taxation and fiscal policy to ensure that motor vehicles, vessels, roads, and non road types of
machinery, which generally have a high oil consumption are reduced to the possible extent.
The Statute enforced in December 2016 is all set to show a fair picture and be transparent
about the statistics of environmental degradation to its public at large by implementing
statutes and keeping a close check on all the agencies to provide its native the best they can
do in terms of good air quality, sustainable development, innovative techniques to control
pollution, etc.

● Renewable Energy Act, 2009

Statute23 deals with the judicious use of renewable energy, where the government owns a duty
for the development and use of renewable sources of energy. The act ensures that a close
check (monitor) of the energy would be maintained, and research and development would be
initiated to decrease the use of non-renewable resources and therefore protect the

20 He et al., 2012:29. (In English)

21 Law on the Prevention and Control of Atmospheric Pollution,2016 (CHINPR) (cn). (In English)
22 Attri, S. D., & Rathore, L. S. (2010). The Impact of Climate Change on the Agricultural Sector: Implications
of
the Agro – Industry for Low Carbon, Green Growth Strategy and Roadmap for the East Asian Region Table
of Contents. International Journal of Climatology, 23, 693–705. (In English)

23 Renewable Energy Act,2009 (CHINPR) (cn). (In English)

environment. China aims to achieve a 15% energy source to be renewable energy by the year
2020.

● Energy Conservation Laws, 2007

The National People of Congress ensures to monitor and strengthen the energy utilization and
conservation techniques used by China. The techniques would not only promote efficient use
but also adopt various new techniques in the conservation of energy.24

● Forest Law of People’s Republic of China, 1998

Chapter IV of statute25 ensures that any damage which is caused to the environment due to
afforestation or exploitation of resources must be protected by the cultivation of more trees,
protection of forests, cli mate regulation is ensured, water storage is improved, afforestation
is promoted, etc.

2. INDIA

India is provided the status of the second most populated country in the world as per the U.S.
Census Bureau Current Population (1st July 2020), 26 where the country faces issues related to
air pollution, water pollution, noise pollution, etc.

● Compensatory Afforestation Fund (CAF) Act, 2016

The act27 so formulated provides that in a situation where the forest land is converted into
non-forest land for any purpose, be it mining, setting up of industry, etc. the purchasing
agency is thus obligated to pay for planting trees/forest equivalent to the forest land so

24 Energy Conservation Laws,2007(CHINPR) (cn). (In English)

25 Forest Law of People’s Republic of China,1998(CHINPR) (cn). (In English)

26 United States Census Bureau. U.S. and World Population Clock. December).[Link]
clock/. (In English)
27 Compensatory Afforestation Fund(CAF) Act, 2016 (IN) (in). (In English)
purchased by the user agency. The government transferred an amount of ₹47,436 crores to 27
states for the CAF Fund.28 Moreover, the government has taken initiative to create more job
opportunities amongst indigenous tribes which helps in the protection of forests and
ecosystems.

● Energy Conservation Act, 2001

Act29 lays down guidelines and norms which specify the standard use prescribed for
consuming energy and are provided with the energy saving certificates accordingly. Down
the line, India has been actively building plans and setting targets for energy efficiency. The
2008 National Climate Action Plan lays down the judicious use of energy, further, ensuring
that big energy-consuming industries get an energy audit as prescribed by the law to ensure
that there is no wastage of resources. The last amendment in the act took place in the year
2010. The Government also aims in achieving the average fleet fuel efficiency by 3% in
20212022 (as per Government Gazette Notification, 30 January 2014).

● Disaster Management Act, 2005

The act deals with reliefs and management post any manmade or natural disaster in the
country, with the main aim of preparedness and mitigation. The act classifies areas into
proactive zones or less active zones prone to disasters so that the State, as well as the Central
Government, could take corrective measures and measure the possible extent of damage that
can occur.

The Disaster Management Act includes within its ambit 'epidemics' as well. In the year 2006
when around 3500 people were adversely affected by the dengue disease, the act ensured a
check on such ordeal. Similarly, the outbreak of the Corona Virus in 2020, the act as well as
the country is still trying to overcome this phase.

● Electricity Act, 2003

The Indian Electricity Act, 1910, the Electricity (Supply) Act, 1948, and the Electricity
Regulatory Commission Act, 1998 were subsumed in Electricity Act 2003 with the motive to

28 (Press Information Bureau, n.d.). (In English)

29 The Energy Act,2000 (CZE) (cz). (In English)
harmonize and rationalize the provisions to consolidate and coordinate the energy
distribution, transmission, generation, trade and use of electricity by the consumers.

Act has also come up with the National Electricity Policy with the main objectives such as
providing easily accessible electricity, easy availability of power, the supply of standard and
reliable power at reasonable rates, and protecting the interest of the consumers.

3. CZECH REPUBLIC

The Czech Republic has been working towards protecting the environment and has come up
with many statutes, laws, and provisions which would help them to keep a check on harm
caused to the environment if any.

● National Energy and Climate Plan of the Czech Republic,2019

The European Union adopted in 2019 has come up with mandatory guidelines to control
greenhouse gas emissions by formulating a ten-year integrated plan that is the National
Energy and Climate Plan. Not only controlling and maintaining a check on greenhouse gasses
the plan also ensures that the use of a renewable source of energy is promoted and applied.30

● Adaptation strategy to climate change in the Czech Republic, 2015

The impact of climate change and its legislative and economic consequences are strategized
to prevent environmental and public health. Strategy 31 also lays focus on how to prevent
forests, water level, and its regime, to take corrective measures to control population,
emphasize on biodiversity and ecosystem, and promote tour and tourism. In a nutshell, the
strategy emphasizes the measure to control the population to protect the climate of the
country.

● Clean Air Act, 2012

Act32 provides for the minimum inclusion of biofuel els contents used for transportation to
achieve the target of transfer of biofuel in the volume requirement by 0.2%. The act ensures

30 National Energy and Climate Plan of the Czech Republic,2019 (CZE) (cz). (In English)

31 Adaptation strategy to climate change in the Czech Republic, 2015 (CZE) (cz). (In English)

32 The Energy Act,2000 (CZE) (cz). (In English)

the composition of biofuels to be included at 4.1% in the case of gasoline and 6% in the case
of diesel.

● The Energy Act, 2000

The act provides for provisions regulating the use of energy across the country so that the
natives enjoy easy access to energy and withstand consumer needs and interests thereon. The
act promotes the use of renewable sources of energy and encourages the use of electricity
producers a preferential connection for renewable electricity.

4. UNITED STATES OF AMERICA

The global climate has been adversely affected due to the country for over years. The
sensitivity of the environment is catered to and protected by enforcing certain laws and
regulations across the countries which are as follows:

● Stafford Disaster Relief and Emergency Assistance Act, 1988

Act was amended in the year 2016 to formulate legislation to respond to disasters if any. The
act en sures that the government is prepared to assist in situations of disasters. Further, a deep
analysis is done in the statute in regards to procedures that assist in a disaster, and the
emergency assistance for the same is ensured by the government to its natives.

● Duncan Hunter National Defense Authorisation Act, Fiscal Year 2009

Act provides for the amount to be invested in achieving energy efficiency, renewable sources
of energy, or any other source of energy that can be utilized in armed forces. The main aim of
the act is to reduce the consumption of fuels in the battles, rather than come up with
alternatives that would utilize less of a non-renewable source of energy and more renewable
source of energy.

● Clean Water Act, 1972

Act33 aims at protecting the water and water bodies of the country. The act ensures that the
quality of water is restored and water pollution is controlled. The act provides for
comprehensive analysis and research to find out the main causes of water pollution and how

33 Clean Water Act, 1972 (us). (In English)

can they work on its prevention by considering the exploitation rate of non-renewable sources
such as fossils, forests, etc.

INTERNATIONAL ENVIRONMENTAL LAWS

International Environmental Law is a subset of Public International Law with the main
motive to protect the environment from pollution and develop frameworks to protect the
natural resources and pro mote sustainable development with a motive to re duce ozone layer
depletion, emission of greenhouse gasses, protecting wildlife and the environment, con trol
climate change, etc. Chapter 1 of the law majorly focuses on how to take precautionary and
preventive measures to reduce the risk of degradation of the environment worldwide.34

The International Environment Laws include two major declarations that were formulated to
leave a positive impact on the environment and the natives to protect the former. The two
major declarations, The Declaration of the United Nations Conference on the Human
Environment (the 1972 Stockholm Declaration) with the main aim to preserve and enhance
the human environment and The Rio Declaration on Environment and Development
discussed at the United Nations Conference on Environment and Development which
primarily focused on sustainable development.

Elaborating further, many International Treaties were signed to conserve and protect the
environment. The list is as follows:

1. Geneva Convention on Long-range Trans boundary Air Pollution (1979): The convention
majorly focuses on dealing with issues relating to air pollution and how corrective measures
can be taken to prevent the environment and climate from degrading.

2. Convention for the Protection of the Ozone Layer – Vienna Convention (1985): The
convention aims at reducing the use as well as the production of chlorofluorocarbons which
lead to depletion of the ozone layer, further causing diseases such as skin cancer, etc.

3. International Convention on Civil Liability for Bunker Oil Pollution Damage (2001): This
con vention ensures that pollution caused by the oil carrying fuel ships would be liable to pay
adequate and effective compensation to the affected party/person.35

34 Patricia Birnie, Alan Boyle and Catherine Redgwell (eds), International Law and the Environment (3rd edn,
Oxford University Press, 2009) 39. (In English)
4. Stockholm Convention on Persistent Organic Pollutants (2001): The convention aims at
protecting the health of humans and the environment from organic pollutants. The organic
pollutants such as Persistent Organic Pollutants leads to diseases such as cancer, damaging of
peripheral nervous systems, reproductive system, etc.

4. Convention for the Prevention of Marine Pollution from Land Based Sources (1974)
& “OSPAR” Convention (1992): The convention primarily focuses on the
environment/ ecosystem related to marine. This convention focuses on saving the
water bodies as well as the wildlife existing in those water bodies to prevent
overfishing, reduction of bycatch of porpoise, reducing the disposal of oil, mercury,
organo chlorines in the marine environment, etc.
5. Basel Convention Amendment (1995): The convention is based on reducing the
disposal and emissions of 'hazardous waste' which harms the health of the public at
large and on the environment. Article 8 and Article 9 of the convention states that
every country must treat the waste before to ensure that the disposal is safe.
6. United Nations Environment Programme: The convention focuses on the promotion
and protection of a healthy environment, with numerous project namely:
● Clean the World is a community-based initiative to recycle, reuse, and reduce the
existing resources with a major goal to clean and conserve the environment;
● Earth Hour revolves around reducing the use of energy and carbon components;
● The Billion Tree Campaign initiative was inspired by the founder of the Green Belt
Movement and the Nobel Peace Prize Winner Lau Reate Wangari Maathai with a
motive to plant a billion trees by the year 2007 to support biodiversity.
8. United Nations Framework Convention on Climate Change: The main aim of this
convention is to achieve a stable position where the environment is free from
hazardous emission of greenhouse gasses and to minimize human interference in the
climate system that has led to adverse impacts on climate.
9. The United Nations Commission on Sustainable Development (CSD): This
Commission was developed in 1992 to assist and follow up the United Nations
Conference on Environment and Development (UNCED), with the main
responsibility to ensure proper implementation of Agenda 21 and Rio Declaration on

35 Ling Zhu, January 2007, International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
— Liability and Insurance Aspects. (In English)
 Environment and Development. Agenda 21 aimed at preventing the environment from
damaging, preventing natives worldwide from poverty and harmful diseases, and
mainly to achieve global sustainable development. On the other hand, the Rio
Declaration aims at enhancing the active participation of the natives to successfully
achieve sustainable development by conserving non-renewable or natural resources
from becoming extinct.

CLIMATE AGREEMENTS BETWEEN COUNTRIES: JOURNEY

FROM KYOTO PROTOCOL TO PARIS AGREEMENT

The journey of evolution to protect the Climate be gan in 1992 at the Rio de Janeiro Earth
Summit which was launched by the United Nations Framework on Climate Change. The
efforts to protect the climate from changing have evolved ever since then. The timeline is
discussed as follows:

1. UNFCCC36: The agreement focused on setting up long-term objectives to avoid any

kind of human intervention which directly or indirectly proves to be harmful to the
climate system. Moreover, the signatories to this agreement aimed at reducing the
emission of greenhouse gasses, to contribute addressing the responsibilities to protect
the climate, formulating the capacity to create an obligation towards cli mate
protection. The agreement suggests the developed countries help the developing
nations in protecting the climate and help them to achieve so.
2. KYOTO PROTOCOL37: It was introduced to operate the United Nations Framework
on Climate Change and aimed to reduce the target of greenhouse gas emissions both
individually and country wise. The protocol ensured that countries abide by policies
and regulations to protect the climate from changing drastically. At the Conference of
Parties (COP) First Session, 1995 binding targets were formulated that restricted the
emission of greenhouse gases. Later, in 1997, the US came up with different
mechanisms to allow emissions, and the provisions were not ratified.

36 United Nations Climate Change. (n.d.) [Link]

United-nations-framework-convention-on-climate-change. (In English)
37 Kyoto Protocol. ([Link].). [Link]
kyoto-protocol/kyoto-protocol-targets-for-the-first-commitment-period. (In English)
 3. COPENHAGEN AND CANCUN AGREEMENTS: In 2007, the Bali Action Plan
was formulated to ensure the sustained implementation of the agreements provided by
UNFCCC. The agreement was adopted by more than 100 countries in the Conference
of Parties Fifteenth Session, 2009. It aimed to achieve the goal to reduce and limit the
temperature by 2 degree celsius at a global level and to mobilize a Green Climate
Fund by 2020. Further, in the Conference of Parties Sixteenth Session,65 the Cancun
Agreement66 was formulated to govern the implementation of the Copenhagen
Agreements.
4. PARIS AGREEMENT38: In the Conference of Parties Twenty-first Session, 2015
which took place in Paris represented a hybrid approach of the Kyoto Protocol as well
as the Copenhagen and Cancun Agreements. The said Paris Agreement is majorly
focused on resolving issues related to climate change and how it can be prevented.
The agreement aims at assisting the developing nations to take corrective measures
regarding the same.

In the administration run by Donald Trump, he withdrew from the Paris Agreement.
However, after the fresh elections of 2020 in the US, Joe Biden has given his affirmations to
renter into the Paris Agreement soon.

COMPARISON OF CLIMATE CHANGE POLICIES ACROSS THE

GLOBE

Certain countries have taken commendable actions in respect of protecting the climate. These
countries are not only formulating new policies or provisions but working towards
implementing the same with a reduced error rate so that positive results are derived. The need
for awareness is successfully created, and the results are yet to be seen. The more countries
invest in conserving Climate Change, the more will the country grow be it in terms of
economic or in terms of sociological growth. A few policies which gave these countries an
upper hand over the others are as follows:

38 Paris Agreement. ([Link]). [Link] (In

English)
1. Spain's Integrated National Energy and Climate Plan for 2021-2030 39: In 2020, the
European Union on the aid and advice of its members formulated the National Energy and
Climate Plan intending to control emissions of greenhouse gasses. The key highlights of the
plan work towards reducing emissions of hazardous greenhouse gases emitted from
transports, factories, etc. to become a carbon neutral country by the end of 2050. Moreover,
the plan focuses on the promotion and use of renewable sources of energy instead of non-
renewable sources of energy to ensure efficiency in energy consumption, to promote
innovation and sustainable development.

2. Ireland's National Energy and Climate Plan, 2020 40: The National Energy and Climate Plan
ensures that the country works toward achieving a reduction in carbon emissions by
eliminating the use of plastics, promoting the use of domestic products with a long shelf life,
reuse or recycle of goods, etc. The plan also lays focus on the use of renewable source of
energy includes wind energy, solar energy, and bioenergy.

3. Energy Policy of Poland until 2030 and 2040 (PEP 2030 and PEP 2040)71: The policy
aims at reducing the emission of greenhouse gasses by promoting renewable sources of
energy by 20 percent in 2030, grid modernization, energy security, availability of resources,
etc. The policy aims at promoting biofuels as a source of energy that can be used in industries
and the transportation market by 10%.

4. Sustainability Bond Framework, Luxembourg 202072: The first European country to

launch such a type of Sustainable Bond Framework is Luxembourg. It aims at
providing sustain able assets to the investors looking forward to diversifying their
opportunity and the market share, where the bonds are classified into green bonds,
social bonds, and sustainability bonds that would not only reduce carbon emission but
would work towards achieving public health, green buildings, economic and social
development, etc.
5. Climate Change Agreements, 2001 (Amended in 2020)73: The agreement is an
initiative by the UK government wherein there is a deduction in taxes named Climate
39 Integrated National Energy and Climate Change Plan 2021-2030. ([Link]).
[Link] (In English)
40 Department of the Environment, Climate and Communications. (2020. December)
[Link]
[Link]
[Link] (In English)
 Change Levy (CCL) that can be claimed if the industry commits to reduce the use of
energy and instead use renewable sources. This deduction is purely voluntary in
nature, that is, depending on the industrialists to claim such benefits or not. The main
aim of the agreement is to motivate industrialists to utilize less energy provided such a
target is achieved, the overall energy consumption will reduce by 25 percent by 2020.

After the introduction of the Paris Agreement, it was formulated and analyzed that a few
countries are taking initiative in formulating laws to protect the global issue of climate
change. The Climate Change Performance Index ranks Sweden (Rank 4), Denmark (Rank 5),
Morocco (Rank 6) for performing quite well towards the protection of climate change where
as countries like the USA (Rank 61), Chinese Taipei (Rank 59) showed low performance in
protection to wards Climate Change.

China has been ranked 30 by the Climate Change Performance Index (CCPI) which means
that China is amongst the countries rated with medium performance but still lags in reducing
the emission of car bon and other greenhouse gases in comparison to countries like Sweden
and is required to invest extra efforts to get below the 2° Celsius Compatibility Line. As
discussed in the research earlier, the world at large cannot withstand more than a 2° Celsius
rise in the overall temperature.41 Therefore, the Climate Change Performance Index takes into
consideration the 2° Celsius Compatibility Line. Further, countries like Czech Republic that
earlier ranked 32 as per CCPI dropped down to 43rd Rank due to low performance in the
National as well as International Climate Policy.42

On the other hand, developing nations like India have shown high performance in controlling
green house gas emission (Ranked 11) but had an average performance as compared to other
countries in utilizing renewable energies. Countries like the US and Saudi Arabia require
their immediate attention towards National as well as International Climate Policies in both
emission of greenhouse gases as well as utilizing renewable energy.

CONCLUSION

41 Jan Burck, Ursula Hagen, Niklas Höhne, Leonardo Nascimento, Christoph Bals, 2020, Climate Change
Performance Index, [Link]
2020-results-the_climate_change_performance_index.pdf. (In English)
42 Climate Change Performance Index, 2020. (In English).
Changing weather patterns, disruption to natural resources, distressed behavioral changes
have a detrimental effect on not only human beings but on the flora and fauna at large. The
skyrocketed population statistics by U.S. Census Bureau Current Population (2020) mentions
China to be the most populated country followed by India across the globe. Laws, statutes,
and provisions affirm ‘what possibly will happen.’ The attribution of science in legal aspects
entails a descriptive analysis of policies formulated, plans mapped out, and how litigation
would assist the former.

The ever-increasing greed of wasting fossil fuels and energy consumption tries to force
scientific impossibility to measure the abundant loss to the climate. Where countries like
Peru, Singapore, and Romania are investing their best efforts, countries like the United States
of America beg to differ on the scientific effects of climate changes. The political altercation
in the USA continues the environmental degradation and promotes amongst the masses.

Scientific data is the prime source that would illustrate the national carbon emissions,
attributing the recent data would assist in framing budgets to control the emissions. The
attribution of scientific data would be fact-specific and result oriented. The Paris Agreement
happens to work on the same guidelines. The Paris Agreement tries to assign a standard
above which the countries must refrain from emitting greenhouse gasses. Further, it is
strongly denied that there aren’t any laws to conserve the drastic climate changes. From
having conventions for protecting Ozone Layer Depletion (Vienna Convention) to
conventions to reduce marine and land pollution (OSPAR Convention). New technological
upgradations are adding to the schemes for protection as well. Innovation is becoming a well-
needed change in society. Recycling plastic, and alternative uses of non-renewable resources
are a major contribution.

Courtrooms and the outside world are poles apart. Yet, the courts and the executives try to
bridge the gap by duly considering the scientific attribution on matters related to climate
change. The liability to protect the environment is ‘joint and several’, that is individuals are
responsible for their actions and the actions of others as well.

At this juncture, we need to set up a comprehensive plan of action framed at an international

level that can be easily executed at local levels providing enough space for flexibility to
reduce carbon footprint. This can be something as simple as opening a world bank of
recyclable. Garbage should not be put to waste; it can be a resource in itself.