A Legal Perspective for International Agreement on Climate Change

Issues

Jelly Leviza

, T. Keizerina Devi A.

and Puspa Melati

International Law Department, Faculty of Law, Universitas Sumatera Utara, Indonesia

Economic Law Department, Faculty of Law, Universitas Sumatera Utara, Indonesia

Keywords: Legal Perspective.

Abstract: Climate change is now increasingly a concern with the international community considering the resulting

negative impact is very complex and cause threats. Almost all areas of human life will be affected by

climate change. Therefore the UN has made efforts to formulate an international agreement on climate

change through at least three legal instruments. Starting from the Climate Change Convention that was born

from the Rio de Janeiro Conference in 1992, then the Kyoto Protocol to the Paris Agreement. The problem

is that the implementation of the three international agreements above is not as easy as imagined because of

differences in interests between member countries or because of different international economic and

political motivations. Therefore, the need for international legal studies concerning the constraints born of

the three instruments the law concerned.

1 INTRODUCTION

Climate change is the greatest global health threat in

the twentiethcentury which led to a change in global

climate patterns resulting in an uncertain weather

phenomenon (Wang, 2015). Climate change occurs

because of changes in climate variables, such as air

temperature and rainfall continuously over a long

period of time between 50 to 100 years

(Kementerian Lingkungan Hidup, 2004). Climate

change is also affected by unstable weather

conditions, such as storms, extreme temperatures,

and drastic changes in wind direction

(Ratnaningayu, 2009).

The impacts of climate change occur on many

fronts, ranging from ecological, economic to social

impacts. Ecologically, climate change among others

has influenced the condition of river basin

ecosystem (Effendi, 2012).

While economically, climate change, as the 2015

Asian Development Bank (ADB) Study has brought

about an economic loss of up to 60% higher than the

2009 estimate. It will result in a gross domestic

product of 11% lower across Asia in the year 2100

(Groof, 2017). Still according to the economic

perspective, Climate change also brings influence on

the pattern of tourist visits. The climate that was

initially considered comfortable enough for them

ended up being uncomfortable again. It really has a

negative implication on the volume of tourist visits

to a tourist destination (Suwarto, 2011).

The social impacts of climate change, especially

in the tropics, are the threat of increasing public food

security, the decline in agricultural land area and

environmental degradation, especially after 2050

(Lassa, 2015).

Due to the complex impacts of climate change as

mentioned above, the UN has initiated an

international agreement on climate change, namely:

United Nations Framework Convention on Climate

Change/UNFCCC (1992). As a follow-up to the

UNFCCC, the Kyoto Protocol (1997) was adopted

since 2005. The last international consensus on

climate change has been realized through the Paris

Agreement (2015) which has been in effect since

November 4, 2016 (Camero, 2017).

According to the UNFCC that: "Climate change"

means a change of climate which is altogether the

composition of the global atmosphere and which is

in addition to natural climate variability observed

over comparable time periods. "Climate change

adaptation and mitigation measures need to be

continued by involving all parties at all levels, from

international, regional, national to local levels.

1684

Leviza, J., Devi A., T. and Melati, P.

A Legal Perspective for International Agreement on Climate Change Issues.

DOI: 10.5220/0010094916841687

In Proceedings of the International Conference of Science, Technology, Engineering, Environmental and Ramiﬁcation Researches (ICOSTEERR 2018) - Research in Industry 4.0, pages

1684-1687

ISBN: 978-989-758-449-7

Therefore, the need for synchronization and

harmonization in the context referred to.

The indicators that can be used to determine

whether the synchronization and harmonization of

steps in each level has been or has not been realized

is through legal arrangements. Based on these

conditions it is necessary to have legal studies

related to it for each level.

This paper will focus on international law

regulation on climate change. At that level, further

analysis needed to see whether existing international

legal instruments will be sufficient to accommodate

the measures required by the international

community to address the problems arising from

climate change.

2 RESEARCH METHODOLOGY

This paper uses the normative juridical method.

Normative legal research method or literature law

research method is a method used in legal research

conducted by examining the library materials in the

form of applicable legal norms contained in the

legislation or judgment decisions (Soekanto, 1986).

The normative juridical method in the context of

this paper is used to examine the legal norms of

climate change contained in various international

agreements or treaties.

In detail, the normative analysis is addressed to

three international legal instruments governing

climate change, first from the 1992 Climate Change

Convention, then the second is the Kyoto Protocol,

and the last is the Paris Agreement.

3 RESULT AND DISCUSSION

3.1 United Nations Framework

Convention on Climate Change/

UNFCCC

The United Nations Framework Convention on

Climate Change divides countries into 2 groups,

developed countries listed in Annex I and

developing countries not listed in Annex I.

Annex I countries as well as non-Annex I

countries shall submit reports referred to National

Communication, which is a report on the inventory

of greenhouse gas emissions and its national climate

change programs and policies. However, the

deadline for the submission of National

Communication to non-Annex I countries is longer

than the Annex I countries (Setyaningrum, 2015).

As the results of various studies, the

classification between Annex 1 and Non Annex 1

countries is often considered to be one of the causes

of the Kyoto Protocol's failure (Aniagyei, 2015).

Other issues that should also be observed from

the UNFCCC is concerned with the decision-making

process. The UNFCCC tends to be ineffective and

unfair. It is not effective because the process

hampers the exchange of information necessary to

spur international climate cooperation. Then it is

unfair because of its failure to properly distinguish

between one country and another based on its

domestic capability.

In addition, the principle of consensus as used in

the UNFCCC lacks clear definition. Mexico and

Papua New Guinea proposed a majority vote, but it

is still considered not to solve the problem (Vogel,

2014).

3.2 Kyoto Protocol

The statement of the Intergovernmental Panel on

Climate Change (IPCC) that climate change is

unavoidable and irreversible (IPCC 2014) is one

indication of the failure of the Kyoto Protocol in its

main mission: to reduce the amount of GHGs

entering the atmosphere (Amanda, 2015).

The protocol was rejected by the United States

Government during President Bush on the grounds

that the protocol has liberated countries with high

populations such as China and India. In contrast, the

economic interests of the United States are being

harmed (Hovi, 2010).

3.3 Paris Agreements

The Paris Climate Change Agreement is different

from its predecessor the Kyoto Protocol. All

countries, not just the developed countries, are

required to reduce their emissions. Negotiations no

longer focus on separation of responsibilities, but

each country is required to make each plan

according to its national conditions: Intended

Nationally Determined Contribution / INDC.

The Paris deal is more likely to mobilize political

pressure than to apply the implementation of

international law. This is manifested by creating a

transparent set of steps and a review process for each

country (although this is considered by observers to

be unclear).

A Legal Perspective for International Agreement on Climate Change Issues

1685

Table 1: Perspective on Several Obstacles in International Agreements on Climate Change

o UNFCCC K

oto Protocol Paris A

reemen

1. The distinction between Annex 1 and Non Annex

1 countries is a cause of failure of the Kyoto

Protocol.

Failed to realize

its main mission:

to reduce the

amount of GHG

entering the

atmosphere

The review

mechanism for the

steps that have been

made by member

countries is still

considered unclear.

2. The decision-making process can be an obstacle to

the exchange of information needed to spur

international climate cooperation.

Rejected by the

United States

because it was

considered

economically

detrimen

The mechanism for

implementing the

convention is still

very dependent on

the good faith of the

members

3. Failure to distinguish between one country and

another based on its domestic capacity.

Countries with

large populations

such as India and

China are given

obligations as

developing

countries, even

though in fact

they have a lot of

emissions

The involvement of

national and local

governments,

entrepreneurs and all

levels of society in

each member country

is needed

4. The principle doesn’t have a clea

definition.

The Paris Agreement creates a process whereby

each country should propose a stronger emissions

cuts plan every five years. But in reality it is difficult

to realize because there is no enforcement

mechanism. The Paris deal like most other

international agreements relies heavily on voluntary

actions.

Therefore, there is a need for momentum that can

be used to encourage countries to implement the

Paris Agreement. Furthermore, much is needed of

the involvement and role of policymakers,

businessmen, scientists and activists. Each country

should design and implement new policies, invent

and use new technologies, be much more ambitious.

(Manolas, 2016).

4 CONCLUSION

Perishable Based on the above description it can be

concluded that the issue of climate change is a very

worthy issue to get the attention of the international

community. The complexity of issues arising from

climate change can be seen in a variety of fields,

ranging from ecological, economic, social and

political fields. If left in the long run then this issue

will be a serious threat to human life on earth.

Therefore, there is a need for good legal regulation

so that the steps needed to anticipate climate change

can be done as expected.

International agreements on climate change can

be seen in at least three international legal

instruments ranging from the Climate Change

Convention, the Kyoto Protocol agreed in Japan and

the last is the Paris Agreement.The issue of climate

change is not necessarily successfully overcome by

the three legal instruments mentioned above. The

three instruments in reality have their respective

deficiencies so that it becomes an obstacle in the

implementation. One of the most highlighted is the

distinction between developed and developing

country groups.

Developed countries in the aforementioned legal

instruments have an obligation which for some

people is considered more severe (unfair) when

compared to the obligations imposed on developing

countries. Though developing countries such as

China and India in fact it became one of the

countries that became the largest contributor to

emissions in the world. For that reason, the United

States also expressed an attitude to reject the

international legal instruments on climate change.

Therefore, in the future, international agreement

on climate change as stated in international legal

instruments should pay attention not only to

ICOSTEERR 2018 - International Conference of Science, Technology, Engineering, Environmental and Ramiﬁcation Researches

1686

ecological matters but also to consider and consider

economic and political issues. It is important that

international agreements on climate change are not

rejected as they have been.

Accomodation of ecological, economic, social

and political issues in the international agreement is

absolutely used as material to formulate an

international legal instrument that is expected to be a

tool to anticipate the impact of climate change that

has now become increasingly evident to grow into a

global threat.

In addition, international legal instruments on

climate change are also expected to give more

impetus to the contributions of all parties, from the

Central Government, regional governments,

international organizations, non-governmental

organizations to the wider community wherever they

are.

The involvement and synergy of related parties is

needed because the climate change issue will not be

able to be solved if it only relies on the government's

legalobligations.

ACKNOWLEDGEMENTS

The research for this paper was financially supported

by Universitas Sumatera Utara.

REFERENCES

Amanda M. R., 2015. “The Wrong Solution at the Right

Time: The Failure of the Kyoto Protocol on Climate

Change”, Politics & Policy, Vol. 43, No. 1.

10.1111/polp.12105, Published by Wiley Periodicals,

Inc. 2015.ly

Aniagyei J., 2015. “The Concept of Climate Change

Management : An Analysis of the Kyoto Protokol”,

Dissertation from University of Ghana.

Camero R G., 2017. “Climate Change and International

Law”,http://www.oxfordbibliographies.com/view/doc

ument/obo-9780199796953/obo-9780199796953-

0080.xml

Effendi, M., Sunoko H. R., Sulistya, W., 2012. “Kajian

Kerentanan Masyarakat Terhadap Perubahan Iklim

Berbasis Daerah Aliran Sungai (Studi Kasus Sub DAS

Garang Hulu), Jurnal Ilmu Lingkungan, Vol. 10 No. 1,

April.

Groof, S, P., 2017. The Price of Climate Change: Analyses

the Cost of Climate Change to Southeast Asia’s

Burgeoning Economies, ASEAN Focus, 13, Januari-

Februari ISSN: 2424-8045

H Wang, R., Horton., 2015. “Tackling Climate Change:

The Greatest Opportunity forGlobal Health,” the

lancet Journals, Vol. 386, No. 10006, 7 November.

Hovi J, Sprinz D.F., Bang, G., 2010. “Why the United

States did not become a party to the Kyoto Protocol:

German, Norwegian, and US Perspectives”, European

Journal of International Relations, 18 (1) 129-150.

Kementerian Lingkungan Hidup, 2004. Perubahan Iklim

Global,http://climatechange.menlh.go.id)

Lassa, J, A., Lai, A,Y., Goh, T., 2015. Climate Extremes:

An Observation and Projection of Its Impacts on Food

Production in ASEAN. Springer Science Business

Media Dordrecht.

Manolas, E., 2016. “1st Summer Academy of

Environmental Educators, Skyros”. International

Journal of Environmental Studies, Vol. 73 Issue 6. 2

September.

Ratnaningayu., 2009. Dari Timor ke Krui: Bagaimana

Petani dan Nelayan Menghadapi Dampak Perubahan

Iklim, dalam Sarasehan Iklim, Pelangi Indonesia,

Jakarta, Nopember.

Setyaningrum W., 2015. “Analisis Yuridis Implementasi

Protokol Kyoto di Indonesia sebagai Negara

Berkembang”, Jurnal Komunikasi Hukum, Vol. 1.

Issue 2. 8 Agustus.

Soekanto S, 1986. Pengantar Penelitian Hukum, Jakarta:

Penerbit UI Press.

Suwarto, T., 2011. “Pengaruh Iklim dan Perubahannya

Terhadap Destinasi Pariwisata Pantai Pangandaran

Jurnal Perencanaan Wilayah dan Kota, 22 (1)

Vogel J., 2014. “The Problem with Consensus in the U.N.

Framework Convention on Climate Change”,

Philosophy and Public Policy Quarterly, 32 (2).

A Legal Perspective for International Agreement on Climate Change Issues

1687