Climate Change

Climate Change

Climate Change in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): For discussion of issues relating to climate change generally, see information on Nationality, Citizenship and Immigration in this legal Encyclopedia3.A.1.

On March 24, 2011, at its 16th session, the Human Rights Council adopted by consensus a resolution on human rights and the environment. U.N. Doc. A/HRC/RES/16/11. The United States provided an explanation of its position on the resolution, set forth below and available at (internet link) state.gov/s/l/c8183.htm.

Developments

The United States believes that protection of the environment and its contribution to sustainable development, human well-being, and the enjoyment of human rights are vitally important. In this spirit, we join consensus on this resolution in the expectation that the Office of the High Commissioner for Human Rights will prepare a report that will contribute to the U.S. understanding of the facts relating to human rights and the environment. However, we have concerns regarding the general approach of placing environmental concerns in the human rights context. We also have significant concerns regarding the appropriate mandates for United Nations fora, as well as on specific language in this resolution.

We remain uncomfortable with the proliferation of resolutions and decisions addressing environmental issues across the United Nations system, particularly in fora such as this Council, which has neither the mandate nor the expertise to address environmental issues. In discussions on international environmental governance and the institutional framework for sustainable development in other fora, such as the United Nations Environment Program and the preparatory meetings of Rio+20, there is consensus on the need to restrict discussion on environmental issues to fewer United Nations organizations and multilateral environmental agreements. This resolution counters those efforts and undermines attempts to streamline the United Nations system and improve its efficiency…

Details

The United States supports the principles of the Rio Declaration on Environment and Development, as agreed in 1992. While this resolution quotes only from Principle 7 of the Rio Declaration, we believe that every paragraph in this declaration is an important, carefully negotiated part of a larger whole. Language taken out of context from the larger text, therefore, may misrepresent the intention of the original declaration and risk undermining the approach of sustainable development, which strives to integrate all aspects of development in a mutually reinforcing way. We note that other provisions of the Rio Declaration—particularly Principles 10, 20, 21, and 22 relating to public participation, access to information and justice, and participation of women, youth, and indigenous people—are of more relevance to the requested report than Principle 7.

More about the Issue

The United States understands and accepts that Rio Principle 7 highlights the special leadership role of the developed countries, based on the U.S. industrial development, the U.S. experience with environmental protection policies and actions, and the U.S. wealth, technical expertise and capabilities. The United States does not accept any interpretation of Principle 7 that would imply a recognition or acceptance by the United States of any international obligations or liabilities, or any diminution in the responsibilities of developing countries. Moreover, by joining consensus here, we are not changing the U.S. position on Rio Principle 3. As we noted at the Rio Conference, we understand the thrust of this citation to be that economic development goals and objectives must be pursued in such a way that the development and environmental needs of present and future generations are taken into account.

Climate Change in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On September 30, 2011, at its 18th session, the Human Rights Council adopted by consensus a resolution on human rights and climate change. U.N. Doc. A/HRC/RES/18/22. The United States provided an explanation of its position on the resolution, set forth below and available at (internet link) state.gov/s/l/c8183.htm.

More about Climate Change

The United States recognizes that all over the world people face serious risks because of climate change. No nation can escape the impacts of climate change—the security and stability of all nations and their people are at risk, especially the most vulnerable. As noted in Resolution 10/4, the effects of climate change have a range of direct and indirect implications for the effective enjoyment of human rights. And, as emphasized by the Conference of the Parties to United Nations Framework Convention on Climate Change (UNFCCC), countries should, in all climate change related actions, fully respect human rights. We remain firm in the U.S. conviction that discussion of climate change in the Human Rights Council must focus on ensuring that responses to climate change respect human rights. On that basis, we are very pleased to join consensus on this resolution.

Developments

We would like to note the U.S. concern about the resolution’s selective quoting from the UNFCCC, to which the United States is a party. We understand the references to be acknowledgements by the Council that the FCCC contains the stated provisions, rather than endorsements by the Council itself of the content of such provisions. We also view the quotations from that Convention as a subset of relevant UNFCCC provisions, and it goes without saying that the effects of these quotations from the UNFCC and the concepts they describe are limited to the context of that carefully negotiated Convention.

While we acknowledge the desire for a seminar on impacts of climate change on the enjoyment of human rights, we believe the seminar should not serve as an alternate negotiating forum to produce recommendations and specific text for the UNFCCC.

Details

Fundamentally, we see a climate change-related role of this Council related to ensuring that countries respect their human rights obligations when they react to climate change. While, as the resolution reiterates, climate change is a global problem requiring a global solution, such a global solution is an issue for environmental bodies.

We interpret this resolution’s reaffirmation of human rights instruments in the first preambular paragraph as applicable to the extent countries affirmed those instruments in the first place.

Regarding the preambular section’s list of rights for the enjoyment of which climate change related impacts may have implications, we interpret the terms used to name economic, social and cultural rights as shorthand references to the more accurate and widely accepted terms, and we maintain the U.S. previously-stated positions on those rights. With respect to the same section, the phrase from the two Covenants should be interpreted in light of their context in the relevant covenants.

Climate Change (in the Human Development Area)

In this context, Climate Change means: is a significant and lasting change in the statistical distribution of weather patterns over periods ranging from decades to millions of years. It may be a change in average weather conditions or the distribution of events around that average.

Intergovernmental Panel on Climate Change (ipcc) (in the Human Development Area)

In this context, Intergovernmental Panel on Climate Change (ipcc) means:

is a scientific intergovernmental body tasked with reviewing and assessing the most recent scientific, technical and socio-economic information produced worldwide relevant to the understanding of climate change. The panel was first established in 1988 by the World Meteorological Organization (WMO) and the United Nations Environment Programme (UNEP), two organizations of the United Nations—an action confirmed on 6 December 1988 by the United Nations General Assembly through Resolution 43/53. The IPCC shared the 2007 Nobel Peace Prize with former Vice President of the United States Al Gore.

Climate Change in 2013

United States views on international law [1] in relation to Climate Change: On October 22, 2013, U.S. Special Envoy for Climate Change Todd Stern addressed a conference on climate change at Chatham House in London. Mr. Stern’s remarks on a new global climate agreement are excerpted below and available at (link resource) iipdigital.usembassy.gov/st/english/texttrans/2013/10/20131022284984.html#ax zz2uHN1JDWI.

Some Aspects of Climate Change

We should … be well aware that an international agreement is by no means the whole answer. The most important drivers of climate action are countries acting at home. After all, the essential task before us is to transform the energy base of our economies from high to low carbon. Most of this transformation will take place in the private sector, where energy is produced and consumed, but governments need to set the rules of the road, provide the incentives, remove the barriers, fund the R&D, and spur the investment needed to hasten this transformation.

Developments

In the United States, President Obama has put his shoulder to the wheel with his new Climate Action Plan, which builds on aggressive measures from the past few years. Last month, for example, EPA issued draft regulations to control carbon pollution for new power plants, and is hard at work preparing regulations for existing plants. The President has also issued landmark rules to double the miles-per-gallon of our vehicle sector. These two sectors—power and transportation—account for some two-thirds of our national emissions. And the President has also issued strong efficiency standards for building appliances, has doubled our use of wind and solar power, and is pursuing a suite of other actions.

Details

But national action will only rise to the level of ambition we need if it takes place within a strong and effective international system. Effective international climate agreements serve three vital purposes. First, they supply the essential confidence countries need to assure them that if they take ambitious action, their partners and competitors will do the same. Second, they send a potent signal to other important actors—sub-national governments, the private sector, civil society, research institutions, international organizations—that the world’s leaders are committed to containing climate change. Third, they prompt countries to take aggressive climate action at home to meet their national pledges.

More

We have, now, an historic opportunity created by the Durban Platform’s new call for a climate agreement “applicable to all Parties.” Some have said those four words in the Durban negotiating mandate are nothing new in climate diplomacy, but make no mistake, they represented a breakthrough because they mean that we agreed to build a climate regime whose obligations and expectations would apply to everyone. We have had a system, the Kyoto Protocol, where the reverse was true, where real obligations applied only to developed countries, listed in the Framework Convention’s Annex 1. The point of “applicable to all” in the Durban Platform was to say, in effect, that this new agreement would not be Kyoto; that its obligations and expectations would apply to all of us.

More

What Durban recognized was that Kyoto could not point the way forward in a world where Non-Annex 1 countries (developing countries as listed in 1992) already account for a majority of greenhouse gas emissions and will account for two-thirds of those emissions by 2030.

Integrating Trade, Investment and Climate Change

This section provides an overview of integrating trade, investment and climate change within the legal context of International Economic Law and Sustainable Development in international economic law (Cross-Cutting Challenges).

UN Framework Convention on Climate Change: Conference of the Parties

In relation to the international law practice and UN Framework Convention on Climate Change: Conference of the Parties in this world legal Encyclopedia, please see the following section:

Environment, Transnational Scientific Issues

About this subject:

Land and Air Pollution and Related Issues

Under this topic, in the Encyclopedia, find out information on Climate Change. Note: there is detailed information and resources, in relation with these topics during the year 2011, covered by the entry, in this law Encyclopedia, about UN Framework Convention on Climate Change: Conference of the Parties

Climate Change

In relation to the international law practice and Climate Change in this world legal Encyclopedia, please see the following section:

International Human Rights

Resources

See Also

  • International Human Rights
  • Climate Change

Resources

See Also

  • International Environmental Law
  • Environmental Law Violations
  • Pollution
  • Environmental Law
  • Environmental Policy
  • Climate

Resources

Notes

  1. Climate Change in the Digest of United States Practice in International Law

Hierarchical Display of Climate change

Environment > Deterioration of the environment > Degradation of the environment
International Organisations > United Nations > UN programmes and funds > UN Environment Programme > Intergovernmental Panel on Climate Change
European Union > European construction > EU growth strategy
International Relations > International affairs > International instrument > International convention > UN convention > UN Framework Convention on Climate Change > Kyoto Protocol
International Relations > International affairs > International instrument > International convention > UN convention > UN Framework Convention on Climate Change
International Relations > International affairs > International instrument > Climate change policy
Environment > Deterioration of the environment > Pollution > Atmospheric pollution > Greenhouse effect
Environment > Natural environment > Climate
Environment > Environmental policy > Climate change policy > Adaptation to climate change
Science > Natural and applied sciences > Earth sciences > Meteorology > Climatology

Climate change

Concept of Climate change

See the dictionary definition of Climate change.

Characteristics of Climate change

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Resources

Translation of Climate change

Thesaurus of Climate change

Environment > Deterioration of the environment > Degradation of the environment > Climate change
International Organisations > United Nations > UN programmes and funds > UN Environment Programme > Intergovernmental Panel on Climate Change > Climate change
European Union > European construction > EU growth strategy > Climate change
International Relations > International affairs > International instrument > International convention > UN convention > UN Framework Convention on Climate Change > Kyoto Protocol > Climate change
International Relations > International affairs > International instrument > International convention > UN convention > UN Framework Convention on Climate Change > Climate change
International Relations > International affairs > International instrument > Climate change policy > Climate change
Environment > Deterioration of the environment > Pollution > Atmospheric pollution > Greenhouse effect > Climate change
Environment > Natural environment > Climate > Climate change
Environment > Environmental policy > Climate change policy > Adaptation to climate change > Climate change
Science > Natural and applied sciences > Earth sciences > Meteorology > Climatology > Climate change

See also

  • Climatic change

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