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By Dr Anwar Sadat, New Delhi
Planet earth is divided among sovereign states. They are 194 in number. But we are one. We use the same common resource that is an atmosphere. We use the same stratosphere which saves mankind from ultraviolet radiation. We should never shy away from the thinking that we are part of the same living room. Climate change poses the existential threat to mankind. It is caused by the release of greenhouse gases into the atmosphere, the sources of which are spread throughout the world. The impacts of climate change are felt globally. It is also important to note that the effects are felt disproportionately.
In light of the above, it is clear that global challenges can be addressed globally and collectively only. There is no institution which can take binding decisions without the consent of the sovereign states. The International legal system depends on the consent of sovereign parties. The states give their assent to an agreement to regulate a global concern only after securing their national interests. There is apparent consensus on restricting global average temperature to 2 degree Celsius as compared to pre-industrial levels. The commitment is being reiterated not only in Conference of the Parties meeting but in almost all the writings written in science, law and policy journal as something which is a benchmark.
The Paris Agreement 2015 which is in force commits to restrict global average temperature to 2 degree Celsius. But the commitments expressed by the parties through their nationally determined contributions (NDCs) are inadequate. There is big deficit in terms of the reduction needed to achieve the target and the reduction that could be achieved through commitments that are embodied in the NDCs. The planet seems to be clearly unstable.
The goal of 2 degree Celsius is taking shape as a fundamental norm. The goal establishes one thing that the maximum amount of GHG to be emitted is limited. The goal sets a global cap. The scientists have established planetary boundaries which represent as a threshold, beyond which we are doomed. The threshold represents self-operating space for the earth system. Breaching of the threshold is replete with serious consequences. The consequences are going to be non-linear.
We are way behind in terms of mobilizing sufficient finance and transferable environmentally sound technology. The developed nations are committed to mobilize 100 billion dollars by 2020. The said amount is not only inadequate, but the efforts of the developed countries do not appear to be in a position to achieve the target. One important reasoning behind this inadequacy is that there is no mandatory source of mobilization of the fund on a global scale to fund the mitigation efforts in developing countries. The developed countries are facing political pressures internally and are also facing recession to make such commitments.
The funds vested with Global Environment Facility (GEF) 1991 and Green Climate Fund (GCF) 2015 are inadequate to meet the costs of both investment operations and the costs of transfer of environmentally sound technology. The flow of technology from the industrialized to developing countries is not barrier-free. Its flow to a large number of developing countries is obstructed by intellectual property rights regime (IPR). The issues relating to IPR are being regulated by the agreement on Trade-Related Intellectual Property Rights (TRIPS). The World Trade Organization administers the TRIPS agreement. The functions and judgments of WTO paint a picture of self-contained regimes. Scholars are also saying that climate change is global externalities and it is global public goods. In such situation, IPR regime should not obstruct the flow of transfer of technology.
Climate change is the common concern of mankind. It is a concern beyond the confines of sovereign territory. It is a paradigm shift, a shift away from state oriented to international community-oriented approach. Common concern lays down a perspective which enjoins individual, state, NGOs, multinational corporations and international organizations a duty to share information, technology, technological-knowhow in fighting against climate change. The principle of common concern enjoins a duty on all sovereign states to cooperate with each other. It also enjoins everyone to maintain due diligence. In this regard, it is relevant to mention the concept of shared international responsibility and the idea of global compact initiated by the United Nations. When the idea of responsibility to protect got enunciated first, it also included responsibility to protect environmental refugees.
- Anwar Sadat is a Senior Assistant Professor in International Environmental Law at the Indian Society of International Law, New Delhi.
- Email:- sadatshazia@gmail.com Phone: 9899079998
Planetary Objectives 