Author: Admin

Picture Courtesy http://www.abc.net.au available here

• Dr Anwar Sadat

It is said that the king or ruler symbolizes divinity on earth. He is the representative of god on earth. In the prevailing Westphalian model, sovereigns are supposed to be trustee of its people. The warring factions waging war in Syria are more interested in carving out and retaining their strategic gains. The raison daitre of the creation of state is to ensure protection of life, liberty and property. Use of chemical weapons by the Syrian Government led by Bashr-Al-Asad having the support of Russia and Iran on 05-04-18, led to killing more than seventy people which includes  young children and many civilians. Of course, the killing of innocent people is taking place every day in international and non-international armed conflicts.  But the use of chemical weapon is particularly reprehensible and morally unacceptable means of conducting armed conflict. It carries the stigma of moral illegitimacy. The reason is attributable, inter alia, the association of chemical weapon with poison.

The scene of young children being gassed and some of them being treated in the rebel held province makes all of us tearful. It is important to mention that physiologically the higher respiratory rate found in children increases the inhaled dose of aerosolized agents. Gases with a density heavier than air such as sarin, chlorine, and toxins from burning substances accumulate closer to the ground, producing a higher concentration of poison closer to the airspace or breathing space of small children.  Airway obstruction by edema, secretions, or positioning is a constant concern because of more narrow and smaller airways in children. Children also have thinner, less keratinized skin and a larger body surface area to body mass ratio than adults. This increases transdermal absorption of toxins and causes greater damage to skin by vesicants and corrosives. The larger body surface area to body mass ratio increases the risk of hypothermia associated with decontamination procedures unless provisions are made to keep children warm. Children also become dehydrated from vomiting, diarrhea, burns, or hemorrhage more quickly than adults because of their smaller fluid reserves.

There are three people whose prayer is listened to by Allah is just ruler, people observing fast and oppressed people. In this framework, the Syrian ruler is the most disgraceful. In this situation, international community should take a call on the oppressed people of Syria.

 

• The author is a Senior Assistant Professor of International Law at the Indian Society of International Law, New Delhi- sadatshazia@gmail.com

By Rohit Kumar

#capetown

Cape town has only 90 days water supply left. The aquifers and other natural resources are drying. A city located in midst of Indian Ocean and Atlantic cannot consume the saline water. Cape town crisis is the catastrophe for the entire mankind and soon this problem will occur in the other parts of the world. The signs of water crisis observed in the Indian Subcontinent as well. The 2016 Marthawada drought was discussed in all circles of the policymaking. But I believe that no comprehensive action plan is ready in India which could combat the water scarcity problem in the future. The whole credit of our present water crisis goes to each one of us. Because we are failed to understand the value of this precious resource and because we are still not insisting our governments to make punitive laws for wastage of water. Delhi and some other administrations at least ban the boring for water extraction for household purpose. But still no checks on the wastage of the water.  If the wastage problem will persist in Delhi, it will be completely dry in some time too. But, as of now, we can only hope that the world community would come forward to help Cape Town in a best possible manner to the life on earth.

 

By Rohit Kumar

Picture Source: Sustainability and Environment @OWU

The 2019 General Election is close by, and all political parties are busy in sensing the mood of the voters to shape their strategies. However, in India, the issues for elections are, always concentrated on the populist choice. And, these issues consistently range from religion, caste, corruption, poverty and unemployment. This set pattern of agenda has been picked up by the political parties since independence because these have been a part of the discussion among the masses. Media on the other hand also plays a vital role in framing the issues for the election and even condition the minds of the voters. But, among all this, no one is realizing that some very important issue like environmental protection is missing.

But, this is not a case in other parts of the world. In the last few years some political groups have come up to voice their concern for environmental protection and most successful example is the emergence of Dutch Green Left party, Groenlink. The GroenLinks was formed in 1989 after the merger of the traditional left parties and since its formation, the party has been putting the environment related issues forward in the mainstream politics. But, the first major victory for GreenLeft has reported in 2017  Dutch national election in which GroenLink managed to win 14 seats in the central assembly with the support of some 8.9 % vote share. The man behind GroenLink success was its prominent leader Jesse Klaver. Klaver campaigned and roamed around the University Campuses of Leiden, Utrecht, Maastricht, Rotterdam etc and discussed with students about the environment-related issues like clean energy, cutting down on coal thermal plants, levying taxes on the polluters, ending subsidies for fossil fuel usage and rewarding and promoting research and development of clean fuel, etc.

Now, if we compare India with the Netherlands it is very difficult to find any politician who talks about the environmental protection and the climate changes and the reason of it is also very clear that the mass of people are not talking about it. The public debating spaces especially Indian universities are also filled up with the traditional issues.  Because, politically motivated student groups are pouring the same traditional issues in the university atmosphere, thus the importance of environmental protection is not visible. Although, it is undeniable that the environmental degradation is a matter of greater public concern and its devastating effect is visible in India as other parts of the world. In spite of that, the debates and discussion yet to start in general public and it is still restricted only among the civil societies, policymakers and academic researchers. If we look at Uttrakhand flood, Delhi smog,  Mumbai rain are some examples of changing of climate, but ironically no one is talking about it in general debates, and that is why our government is also not serious about it.

In India, if we want to raise the issues of environment and climate change the Universities have to take a lead and try to mould the perception of the people toward the environment and bring the green agendas into the mainstream politics.  GroenLink victory in the Netherlands is a positive sign which is setting a trend across the world to put forward the green issues in the political manifestos. The paradigm is also shifting towards the demand for sustainable development across the world. This is also evident from the facts that the more and more new political parties are emerging out with a call to protect the planet. Uttrakhand Parivartan Party (UPP) is perhaps the only political party from India which has formed along the lines of GroenLink and may look forward to drive an eco-friendly agenda in the forthcoming elections.

#Climatechange , #ClimateAction, #ClimatechangeIsReal

 

 

 

 

 

Image Source: Flickr

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