Environmental Engineering Reference
In-Depth Information
anthropogenic interference with the climate system (Article 2). Most scientifi c
evaluations state that if we are to keep the temperature rise from pre-industrial
levels below two degrees, global emissions should reach their peak in 2015 and
then start to decrease steadily. Emissions had increased by 6 per cent in
2010 - the highest annual increase to date - and new binding targets will
probably not enter into force until 2020.
Another problem is that the parties only committed themselves to a new
'roadmap', as they had done in Bali 2010. Many observers are concerned that
the failure of the Bali process will end up repeating itself.
The Durban Conference established another set of new processes with
ambitious goals, while the actual reduction of emissions was postponed. Small
wonder that various actor groups are becoming frustrated that the climate
change regime seems to be progressing at such a slow pace, while the effects
of climate change still threaten to destroy living conditions in large parts of the
world. It is only natural that those countries that are suffering the most from
climate change should be seeking ways to enhance the climate change regime
both through legal and through other more unconventional methods. It also
seems that disputes related to climate and energy policy (especially to renew-
able energy sources) are being brought more and more frequently to the
WTO dispute settlement procedure.
From the perspective of the WTO free trade rules, the most dramatic measure
was that the EU decided to require foreign airlines to participate in the imple-
mentation of its emissions trading scheme: for any planes departing from or
arriving at an EU airport, the airlines must have the correct amount of emission
rights defi ned by the directive. This requirement has caused serious disputes
between the EU and a number of other states; there have even been speculations
of a trade war!
Several of the small island states have long been thinking about legal strategies to
enhance the climate change regime since rising sea levels resulting from climate
change are threatening their very existence. They have begun taking steps to
require the International Court of Justice to determine who is legally responsible
for climate change and its consequences.
Some of the states have considered taking the worst polluters to the Interna-
tional Court of Justice in contentious proceedings; others are canvassing support
from a suffi cient number of states to request an advisory opinion from the Court
on the matter through the UN General Assembly.
Interestingly, some of these small island states are engaged in a global 'legal
struggle' against climate change. For example, the Federated States of Micro-
nesia participated in the environmental impact assessment of the Prunerov coal
power plant extension project in the Czech Republic. From Micronesia's point
of view, power plants such as this one are essentially accelerating climate change.
Micronesia's action at least managed to demonstrate the complicity of power
plants in causing climate change.
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