Assessing the role of international environmental law in
controlling climate change.
controlling climate change.
Mugira Fredrick
This essay focuses on the role of the international environmental law in controlling climate change worldwide. Most of the examples used in this essay are drawn from Uganda
According to Wikipedia encyclopedia[1], international environmental law can de defined as the, “body of International law that concerns the protection of global environment.”
This draws attention to the fact that international environmental law includes several international laws, which are put together aiming at protection of the environment.
This is in line with Birnie and Boyle (2003: 1) who note that international environmental law is, “a body of law more specifically aimed at protection of the environment.”
It is important to note that as Birnie and Boyle (2003:11) further write international environmental law is not alone in itself but rather it is, “simply a branch of general international law,” which has its foundation as World Bank (2004) notes, “in the 16th and 17th centuries law that was created to govern the diplomatic, commercial, military and other relations of the society of Christian states.”
The international environmental law development can be traced from what World Bank (2002) calls “two main phase,” which range from “1972-1992 which was the period of burgeoning international environmental consciousness surrounding and following the UN Conference on the Human Environment in Stockholm in 1972, and from 1992, onwards,” through these years, several conventions and treaties have been signed by nations in a move intended to protest environment.
World Bank (2004) note that the development of international environmental law which it defines as “the body of the international law relevant to environmental issues,” comes as a result of, “globalization of environmental problems, and concerns, attributed to two crucially interrelated factors, ecological and economic interdependence.”
In other words , as the world becomes one global village, people or rather inhabitants are seeing environment as one common resource they share hence a need to protect it jointly.
As Steinway et al (2003) note such laws and requirements address issues ranging from natural environment, including air, water and land and further more how humans interact with these resources and ecological system.
International environmental law has several functions it plays as it endeavors to protect environment. It is important to note that as Birnie and Boyle ( 2002:7) note, the functions of, “international laws in protecting the environment is not fundamentally different from or any less varied than, domestic environmental law.” In other words the two branches of law seem to be playing similar roles since they all aim at protection of environment.
Among other functions, international environmental law, as Birnie and Boyle (2002:7) write, “facilitates and promotes cooperation between states, international organizations and non governmental organizations and constitutes the processes of international environmental governance.” This draws attention to the fact that international environmental law brings together countries which are signatories to such laws. They see themselves as members of one family and in the end this promotes cooperation.
It is important to note that as its first aim, international environmental law, has a function to protect misuse, over exploitation, degradation and destruction of environment. This is in turn helps to conserve the environment which is necessary for any sustainable development.
International environmental law further plays a function of regulating environmental problems. Ibid (2002:7) note that, “like national environmental law, much of international environmental law is concerned with regulating environmental problems, settling common international standards and objectives for prevention or mitigation of harm and providing a flexible rule making process.”
As Birnier and Boyle (2002:7) write, international environmental law, as any other international law, “provides mechanism and procedures for negotiating the necessary rules and standards, settling disputes, and supervising implementation, and compliance with treaties and customary rules.” In other words, it helps to set standards on which environmental conservation is founded. With it therefore, states challenge actions of other states in regard to environment abuse by referring to it.
States also defend their actions or policies by referring to it. In this, international environmental law therefore plays a role of settling disputes.
It helps in compensating those who suffer damage. By the virtue of the fact that international environmental law makes nations answerable for their international environmental crimes, those whose environment suffer damage caused by individuals or government in other countries can use the international environmental law to seek for redress and in the end could get compensated.
More still, as Birnie and Boyle (2002:8) state, international environmental law, helps to “harmonize national laws, either globally or regionally.” This draws attention to the fact that international environmental law leads a situation where by countries that subscribe to it have somehow similar laws towards protection of environment. This is as a result of nations replicating the provisions in the international environmental law.
Lastly the international environmental law also plays a function of monitoring and reporting on environment by nations, Birnie and Boyle (2002:205) note that, “most treaties require states to make periodic reports on matters affecting the treaty.” By doing this, governments monitor their environment and report what is happening to it accordingly.
There are several sources of international environmental however as Wikipedia encyclopedia notes, “there have been many legally binding international agreements concerning the protection of the environment but in this area of international law, soft law is more common than normal.” World Bank (2004) defines soft law as comprising of “non binding instruments that lay down guidelines for future action, or through which states commit themselves politically to meeting certain objectives.” In other words soft law bases on international diplomacy and customs and what is considered morally acceptable by the majority.
Birnie and Boyle (2002:10) give a summary of the source of international environmental law that, “much of international environmental law is the product of an essentially legislative process involving the interplay of international organizations , conferences, diplomacy, codification and progressive development and international courts and relatively subtle interplay of treaties , non binding declarations or resolutions and customary international law.”
According to article 38(1) of the statute of the international court of justice, sources of international law include international convections (treaties) general principles of law recognized in civilized nations, customary international law, judicial decisions and the teachings of the most highly qualified publicists.
International conventions (treaties) come in to existence after international negotiations over matters of common concern. This results in agreement in form of text that usually reflects mutual advantages. The text is agreed upon and signed and after the wanted number of signatories reaches, the convention comes into force.
General principles of law recognized in civilized nations, include norms available and acceptable to the states to regulate their international relations.
International customary law is according to the statute of the international court of justice the, “general practice accepted as law” by nations. World Bank (2004) notes that, “it is something that states do because they regard themselves as legally obliged to do it.”
This draws attention to the fact that international customary law is established by the consistent compliancy by state over time.
Judicial decisions, as a source of international law originate from decisions made by international court of justice and other tribunals.
The writings and teachings of the most highly qualified publicist would include writings of professors and UN reports .
However Birnie and Boyle (2002;12 ) suggest other candidates for international environmental law to include “ General Assembly resolutions , declarations of principles adopted by the UN or by adhoc UN and other conferences, treaty provisions agreed by general consensus among the majority of state but not yet in force, and the proposals of the international law commission.”
There are 3 major conventions which are important in controlling climate change. These include United Nations Framework Convention on Climate Change, Kyoto Protocol and United Nations Convention on Controlling Desertification. The provisions of these 3 conventions have helped much worldwide to combat activities that would have increased climate change.
Climate change Wikipedia encyclopedia refers to the “variation in the Earth's global climate or regional climates over time. It describes changes in the variability or average state of the atmosphere - or average weather - over time scales ranging from decades to millions of years.” Such changes sometimes are dangerous and cause disasters such El Nino and desertification while others are seen as helpful.
Below I discuss these 3 convections and some of their provisions that are playing important roles in controlling climate change.
According to UNFCCC (2003), evidence of human interference with climate first came up in 1979 at the World Climate Conference and as years went by countries developed much concern over environmental issues. In 1988 the United Nations General Assembly adopted resolution 43/53, which was proposed by the government of Malta calling for protection of global climate for present and future generations.
In the same year the United Nations Environment Program and World Meteorological Organization formed a new body called the Intergovernmental Panel on Climate Change which was aimed at studying scientifically the threat of climate change. In 1990, the first report of this panel confirmed the threat of climate change as being real.
The second World Climate Conference in Geneva in 1990 called for creation of a global treaty to combat climate change and the General Assembly passed resolution 45/212 launching negotiations on a convention on climate change to be concluded by an
Intergovernmental Negotiating Committee (INC).
The representatives of INC adopted the United Nations Framework Convection on Climate Change on 9th May 1992 and was opened for signature at the 1992 Earth Summit in Rio de Janeiro. It later entered into force on 21st March 1994.
UNEP and UNFCCC (2002:18) identify the United Nations Framework Convention on Climate Change as, “the foundation of global efforts to combat global warning.”
The ultimate objective of the convention is to stabilize greenhouse gas concentration in the atmosphere at a level that would prevent dangerous human induced interference with the climate system.
The United Nations Framework Convention on Climate Change plays several roles in the countries that have ratified, accepted approved or acceded to it.
The first and foremost in that UNFCCC provides for sustainability managing of carbon sink. it helps in bringing into existence forests and other ecosystems that help in absorbing green house gases from the atmosphere hence reducing it. Green house gases damage ozone layer which is responsible for regulating the amount of sunshine reaching the earth. A damaged ozone layer would let a lot of heat from sun reach earth hence causing increased heat on the earth which leads to global warming and subsequently climate change. However with carbon sink in place as UNFCCC calls for, such a situation might not happen since green house gases would in the atmosphere would be remove by forests and other ecosystems.
Secondly, UNFCCC provides for developing and transferring of environmentally friendly technologies especially from developed to low developed countries. This helps the low developed counties to increase their capacity to fight causes of climate change.
Such technology includes the appropriate technology that does not emit a lot of green house gases .
Thirdly, UNFCCC helps member countries to prepare to adapt to climate change. In other words it alerts them early enough and by the time climate change, happens, it doesn’t affect them as much as it would have been, if they no alerts were made. Examples here include the times when heavy rains or drought are going to happen and people are warned before such as to plant crops early enough.
It further promotes education, training and public awareness concerning climate change. This helps local people in the member countries to know the dangers of climate change, and what they should do to control it and subsequently if they out what they have been told into practice, climate change is fought or minimized.
More still, UNFCCC obliges its member countries to engage in climate research, observations of the global climate system and information exchange. This is turn helps member countries to keep informed about development s in climate change
Researchers in climate change in particular make them knowledgeable and armed with more facts of what causes and results of climate change and other related eventualities . With such knowledge, it is easy to plan for control measures of climate change.
Lastly NFCCC helps member countries to put in place mitigation measures to climate change. It is important to note that before severe climate change is to happen , such countries are in the know and when even it happens , countries affected are helped in over coming it say with aid inform of funds and other resources.
Kyoto protocol is also one of the convection aimed at controlling climate change. Kyoto protocol is what UNFCCC (2003:4) calls, “a substantial extension to the NFCCC that outlined legally binding commitments.” It was adopted in Kyoto Japan in December 1997.
It focuses on largely binding green house gases emission targets for countries especially for the developed countries . This is aimed at arresting and reversing the upward trend in green house gas emission.
In addition to the above role of controlling the emission of green house gases by mostly the developed countries, Kyoto protocol also plays several other roles in controlling climate change.
It promotes environmentally friendly technology transfer especially from developed nations to those still developing. Such technology helps the developing nations to effectively with much ease control climate change. These technologies also help the developing countries not to follow the same suit of developed countries which is now seen as not being environmentally friendly.
Secondly, Kyoto protocol promotes cooperation in science research and international climate observation networks, this helps in member countries to get information and mostly relevant information on climate change and what is happening to climate. This in turn equips nations, with information to use in controlling climate change.
Thirdly, Kyoto protocol provides for supporting education , training , public awareness and capacity building initiatives . All these help to equip the masses in member countries with skills necessary for controlling climate change.
It also helps nations to establish and put in practice, national mitigation and adaptation programmes all aimed at controlling climate change. Such programmes help the masses in member countries to do all they can to control climate change and also to find ways of how they can deal with the condition s brought about by climate change.
The United Nations Convention to Combat Desertification (UNCCD) is another convection aimed at controlling climate change through combating desertification. It was adopted in June 1994 and opened to signature from October 1994 to October 1995, it came into force on 26th of December 1996.
UNCCD plays several roles in combating climate change.
Firstly, it provides the country parties affected by desertification in Africa. Asia,
Latin America, Caribbean and Northern Mediterranean to prepare programs and put them in action all aimed at combating desertification. Such programmes included national strategies of planting trees.
The same countries are obliged to cooperate at the regional and sub regional levels in combating desertification. This in turn helps them to share information and skills on combating desertification through cooperation especially in collection, analysis and exchange of information concerning desertification. This also promotes an integrated approach in fighting desertification
Secondly , through the convention, developed country parties support affected countries by providing financial resources and facilitating access to appropriate technology .knowledge and know how. Financial support from developed countries help the affected countries to establish mitigation, measures to desertification.
Like wise, appropriate technology and knowledge helps the affected countries to effectively combat desertification. It is important to note that this convention helps Low Developed countries to improve access to relevant technologies and data.
The convention also provides for capacity building and awareness building, which equips the masses in member countries with information necessary for combating desertification. Local masses are made aware about desertification and its dangers.
However there are several limitations which hinder nations and in this particular case, Uganda in applying these 3 international conventions and others in general.
Some of these limitations include lack of enough funds to implement all programs called for by these conventions such as those aiming at reducing transport sector emissions and enhancing energy efficiency. This is because Uganda is a poor country. Is sometimes sees such programs as not being a priority but rather fighting poverty comes first.
Secondly, Uganda faces lack of political will to implement such conventions. Politicians aim at getting votes and they do not care what this cost. For example, they fear stopping people from encroaching on forests for the fear of loosing votes from them.
In addition political and civil servants changed to put in place programmes called for by these conventions are not committed.
Thirdly corruption is frustrating even the little efforts put in place to combat climate change. The little funds extended to Uganda by developed nations to help put in place programmes called for by the convention end in individual pockets. A few corrupt officials make such programmes fail.
More still, there is also lack of enough awareness about these conventions. Some local masses do not even know anything about these conventions leave alone some of their provisions. This leaves these conventions not put in practical.
A few Environmentalists who know about them do not have enough capacity to make others aware about them.
More still the issue of instability is also a great limitation to applying these conventions. Funds from the budget that would have gone to funding these conventions and their programs go to funding military operations in north where there are rebels of Lords’ Resistance Army.
In addition programmes called for, such as planting of trees can not take place in insecure places in northern Uganda .
There are also not so many specialists in this field in Uganda and even those who are qualified want to stay in urban areas and not going in rural areas to sensitize and educate the rural masses who are the majority.
In addition, the international environmental law itself is not strict enough to punish the offenders severely, so the governments sometimes doesn’t take its provisions seriously. This sometimes leads the government to undermine implementation of these conventions.
Lastly due to high levels of illiteracy in the country, some illiterate masses sometimes fail to implement this convention due to ignorance.
This essay has observed that international environmental law plays several significant roles in controlling climate change. This therefore calls on countries world wide to take active responsibility of implementing what the law call for, in a move intended to control climate change which is seen as a great danger to the future generation.
References.
Birnie, P.W and Boyle, A.E (2002) International law and the environment (2nd ed.) New York: Oxford University Press
Kubasek, N.K and Silverman, G.S (2005) Environmental Law (5th ed.) New jersey Pearson Prentice hall
Steinway, D.M, Drye, K and Warren (2003) Fundamentals of environmental law . In T.F.P Sullivan (ed.) Environmental law handbook (17th ed.) USA: Government institute.
UNCCD (2000) Potential Benefits form becoming a party to the convention(English only) Retrieved April 18, 2006 from http://www.unccd.int/convention/ratif/benefit.php
UNEP and UNFCCC (2002) Climate change Information kit. Geneva Switzerland.
UNFCCC (2003) Caring for climate: A guide to the Climate Change Convention and the Kyoto Protocol. Bonn. Germany
Wikipedia encyclopedia. International environment Law. Retrieved April 18, 2006 from http://en.wikipedia.org/wiki/international_environmental
World Bank (2004) Climate Change: the UNFCCC and the Kyoto protocol. Retrieved April 18, 2006 from http://www.worldbank.org/legal/lengen/lengen-climate.html
[1] Wikipedia Encyclopedia is an online encyclopedia
According to Wikipedia encyclopedia[1], international environmental law can de defined as the, “body of International law that concerns the protection of global environment.”
This draws attention to the fact that international environmental law includes several international laws, which are put together aiming at protection of the environment.
This is in line with Birnie and Boyle (2003: 1) who note that international environmental law is, “a body of law more specifically aimed at protection of the environment.”
It is important to note that as Birnie and Boyle (2003:11) further write international environmental law is not alone in itself but rather it is, “simply a branch of general international law,” which has its foundation as World Bank (2004) notes, “in the 16th and 17th centuries law that was created to govern the diplomatic, commercial, military and other relations of the society of Christian states.”
The international environmental law development can be traced from what World Bank (2002) calls “two main phase,” which range from “1972-1992 which was the period of burgeoning international environmental consciousness surrounding and following the UN Conference on the Human Environment in Stockholm in 1972, and from 1992, onwards,” through these years, several conventions and treaties have been signed by nations in a move intended to protest environment.
World Bank (2004) note that the development of international environmental law which it defines as “the body of the international law relevant to environmental issues,” comes as a result of, “globalization of environmental problems, and concerns, attributed to two crucially interrelated factors, ecological and economic interdependence.”
In other words , as the world becomes one global village, people or rather inhabitants are seeing environment as one common resource they share hence a need to protect it jointly.
As Steinway et al (2003) note such laws and requirements address issues ranging from natural environment, including air, water and land and further more how humans interact with these resources and ecological system.
International environmental law has several functions it plays as it endeavors to protect environment. It is important to note that as Birnie and Boyle ( 2002:7) note, the functions of, “international laws in protecting the environment is not fundamentally different from or any less varied than, domestic environmental law.” In other words the two branches of law seem to be playing similar roles since they all aim at protection of environment.
Among other functions, international environmental law, as Birnie and Boyle (2002:7) write, “facilitates and promotes cooperation between states, international organizations and non governmental organizations and constitutes the processes of international environmental governance.” This draws attention to the fact that international environmental law brings together countries which are signatories to such laws. They see themselves as members of one family and in the end this promotes cooperation.
It is important to note that as its first aim, international environmental law, has a function to protect misuse, over exploitation, degradation and destruction of environment. This is in turn helps to conserve the environment which is necessary for any sustainable development.
International environmental law further plays a function of regulating environmental problems. Ibid (2002:7) note that, “like national environmental law, much of international environmental law is concerned with regulating environmental problems, settling common international standards and objectives for prevention or mitigation of harm and providing a flexible rule making process.”
As Birnier and Boyle (2002:7) write, international environmental law, as any other international law, “provides mechanism and procedures for negotiating the necessary rules and standards, settling disputes, and supervising implementation, and compliance with treaties and customary rules.” In other words, it helps to set standards on which environmental conservation is founded. With it therefore, states challenge actions of other states in regard to environment abuse by referring to it.
States also defend their actions or policies by referring to it. In this, international environmental law therefore plays a role of settling disputes.
It helps in compensating those who suffer damage. By the virtue of the fact that international environmental law makes nations answerable for their international environmental crimes, those whose environment suffer damage caused by individuals or government in other countries can use the international environmental law to seek for redress and in the end could get compensated.
More still, as Birnie and Boyle (2002:8) state, international environmental law, helps to “harmonize national laws, either globally or regionally.” This draws attention to the fact that international environmental law leads a situation where by countries that subscribe to it have somehow similar laws towards protection of environment. This is as a result of nations replicating the provisions in the international environmental law.
Lastly the international environmental law also plays a function of monitoring and reporting on environment by nations, Birnie and Boyle (2002:205) note that, “most treaties require states to make periodic reports on matters affecting the treaty.” By doing this, governments monitor their environment and report what is happening to it accordingly.
There are several sources of international environmental however as Wikipedia encyclopedia notes, “there have been many legally binding international agreements concerning the protection of the environment but in this area of international law, soft law is more common than normal.” World Bank (2004) defines soft law as comprising of “non binding instruments that lay down guidelines for future action, or through which states commit themselves politically to meeting certain objectives.” In other words soft law bases on international diplomacy and customs and what is considered morally acceptable by the majority.
Birnie and Boyle (2002:10) give a summary of the source of international environmental law that, “much of international environmental law is the product of an essentially legislative process involving the interplay of international organizations , conferences, diplomacy, codification and progressive development and international courts and relatively subtle interplay of treaties , non binding declarations or resolutions and customary international law.”
According to article 38(1) of the statute of the international court of justice, sources of international law include international convections (treaties) general principles of law recognized in civilized nations, customary international law, judicial decisions and the teachings of the most highly qualified publicists.
International conventions (treaties) come in to existence after international negotiations over matters of common concern. This results in agreement in form of text that usually reflects mutual advantages. The text is agreed upon and signed and after the wanted number of signatories reaches, the convention comes into force.
General principles of law recognized in civilized nations, include norms available and acceptable to the states to regulate their international relations.
International customary law is according to the statute of the international court of justice the, “general practice accepted as law” by nations. World Bank (2004) notes that, “it is something that states do because they regard themselves as legally obliged to do it.”
This draws attention to the fact that international customary law is established by the consistent compliancy by state over time.
Judicial decisions, as a source of international law originate from decisions made by international court of justice and other tribunals.
The writings and teachings of the most highly qualified publicist would include writings of professors and UN reports .
However Birnie and Boyle (2002;12 ) suggest other candidates for international environmental law to include “ General Assembly resolutions , declarations of principles adopted by the UN or by adhoc UN and other conferences, treaty provisions agreed by general consensus among the majority of state but not yet in force, and the proposals of the international law commission.”
There are 3 major conventions which are important in controlling climate change. These include United Nations Framework Convention on Climate Change, Kyoto Protocol and United Nations Convention on Controlling Desertification. The provisions of these 3 conventions have helped much worldwide to combat activities that would have increased climate change.
Climate change Wikipedia encyclopedia refers to the “variation in the Earth's global climate or regional climates over time. It describes changes in the variability or average state of the atmosphere - or average weather - over time scales ranging from decades to millions of years.” Such changes sometimes are dangerous and cause disasters such El Nino and desertification while others are seen as helpful.
Below I discuss these 3 convections and some of their provisions that are playing important roles in controlling climate change.
According to UNFCCC (2003), evidence of human interference with climate first came up in 1979 at the World Climate Conference and as years went by countries developed much concern over environmental issues. In 1988 the United Nations General Assembly adopted resolution 43/53, which was proposed by the government of Malta calling for protection of global climate for present and future generations.
In the same year the United Nations Environment Program and World Meteorological Organization formed a new body called the Intergovernmental Panel on Climate Change which was aimed at studying scientifically the threat of climate change. In 1990, the first report of this panel confirmed the threat of climate change as being real.
The second World Climate Conference in Geneva in 1990 called for creation of a global treaty to combat climate change and the General Assembly passed resolution 45/212 launching negotiations on a convention on climate change to be concluded by an
Intergovernmental Negotiating Committee (INC).
The representatives of INC adopted the United Nations Framework Convection on Climate Change on 9th May 1992 and was opened for signature at the 1992 Earth Summit in Rio de Janeiro. It later entered into force on 21st March 1994.
UNEP and UNFCCC (2002:18) identify the United Nations Framework Convention on Climate Change as, “the foundation of global efforts to combat global warning.”
The ultimate objective of the convention is to stabilize greenhouse gas concentration in the atmosphere at a level that would prevent dangerous human induced interference with the climate system.
The United Nations Framework Convention on Climate Change plays several roles in the countries that have ratified, accepted approved or acceded to it.
The first and foremost in that UNFCCC provides for sustainability managing of carbon sink. it helps in bringing into existence forests and other ecosystems that help in absorbing green house gases from the atmosphere hence reducing it. Green house gases damage ozone layer which is responsible for regulating the amount of sunshine reaching the earth. A damaged ozone layer would let a lot of heat from sun reach earth hence causing increased heat on the earth which leads to global warming and subsequently climate change. However with carbon sink in place as UNFCCC calls for, such a situation might not happen since green house gases would in the atmosphere would be remove by forests and other ecosystems.
Secondly, UNFCCC provides for developing and transferring of environmentally friendly technologies especially from developed to low developed countries. This helps the low developed counties to increase their capacity to fight causes of climate change.
Such technology includes the appropriate technology that does not emit a lot of green house gases .
Thirdly, UNFCCC helps member countries to prepare to adapt to climate change. In other words it alerts them early enough and by the time climate change, happens, it doesn’t affect them as much as it would have been, if they no alerts were made. Examples here include the times when heavy rains or drought are going to happen and people are warned before such as to plant crops early enough.
It further promotes education, training and public awareness concerning climate change. This helps local people in the member countries to know the dangers of climate change, and what they should do to control it and subsequently if they out what they have been told into practice, climate change is fought or minimized.
More still, UNFCCC obliges its member countries to engage in climate research, observations of the global climate system and information exchange. This is turn helps member countries to keep informed about development s in climate change
Researchers in climate change in particular make them knowledgeable and armed with more facts of what causes and results of climate change and other related eventualities . With such knowledge, it is easy to plan for control measures of climate change.
Lastly NFCCC helps member countries to put in place mitigation measures to climate change. It is important to note that before severe climate change is to happen , such countries are in the know and when even it happens , countries affected are helped in over coming it say with aid inform of funds and other resources.
Kyoto protocol is also one of the convection aimed at controlling climate change. Kyoto protocol is what UNFCCC (2003:4) calls, “a substantial extension to the NFCCC that outlined legally binding commitments.” It was adopted in Kyoto Japan in December 1997.
It focuses on largely binding green house gases emission targets for countries especially for the developed countries . This is aimed at arresting and reversing the upward trend in green house gas emission.
In addition to the above role of controlling the emission of green house gases by mostly the developed countries, Kyoto protocol also plays several other roles in controlling climate change.
It promotes environmentally friendly technology transfer especially from developed nations to those still developing. Such technology helps the developing nations to effectively with much ease control climate change. These technologies also help the developing countries not to follow the same suit of developed countries which is now seen as not being environmentally friendly.
Secondly, Kyoto protocol promotes cooperation in science research and international climate observation networks, this helps in member countries to get information and mostly relevant information on climate change and what is happening to climate. This in turn equips nations, with information to use in controlling climate change.
Thirdly, Kyoto protocol provides for supporting education , training , public awareness and capacity building initiatives . All these help to equip the masses in member countries with skills necessary for controlling climate change.
It also helps nations to establish and put in practice, national mitigation and adaptation programmes all aimed at controlling climate change. Such programmes help the masses in member countries to do all they can to control climate change and also to find ways of how they can deal with the condition s brought about by climate change.
The United Nations Convention to Combat Desertification (UNCCD) is another convection aimed at controlling climate change through combating desertification. It was adopted in June 1994 and opened to signature from October 1994 to October 1995, it came into force on 26th of December 1996.
UNCCD plays several roles in combating climate change.
Firstly, it provides the country parties affected by desertification in Africa. Asia,
Latin America, Caribbean and Northern Mediterranean to prepare programs and put them in action all aimed at combating desertification. Such programmes included national strategies of planting trees.
The same countries are obliged to cooperate at the regional and sub regional levels in combating desertification. This in turn helps them to share information and skills on combating desertification through cooperation especially in collection, analysis and exchange of information concerning desertification. This also promotes an integrated approach in fighting desertification
Secondly , through the convention, developed country parties support affected countries by providing financial resources and facilitating access to appropriate technology .knowledge and know how. Financial support from developed countries help the affected countries to establish mitigation, measures to desertification.
Like wise, appropriate technology and knowledge helps the affected countries to effectively combat desertification. It is important to note that this convention helps Low Developed countries to improve access to relevant technologies and data.
The convention also provides for capacity building and awareness building, which equips the masses in member countries with information necessary for combating desertification. Local masses are made aware about desertification and its dangers.
However there are several limitations which hinder nations and in this particular case, Uganda in applying these 3 international conventions and others in general.
Some of these limitations include lack of enough funds to implement all programs called for by these conventions such as those aiming at reducing transport sector emissions and enhancing energy efficiency. This is because Uganda is a poor country. Is sometimes sees such programs as not being a priority but rather fighting poverty comes first.
Secondly, Uganda faces lack of political will to implement such conventions. Politicians aim at getting votes and they do not care what this cost. For example, they fear stopping people from encroaching on forests for the fear of loosing votes from them.
In addition political and civil servants changed to put in place programmes called for by these conventions are not committed.
Thirdly corruption is frustrating even the little efforts put in place to combat climate change. The little funds extended to Uganda by developed nations to help put in place programmes called for by the convention end in individual pockets. A few corrupt officials make such programmes fail.
More still, there is also lack of enough awareness about these conventions. Some local masses do not even know anything about these conventions leave alone some of their provisions. This leaves these conventions not put in practical.
A few Environmentalists who know about them do not have enough capacity to make others aware about them.
More still the issue of instability is also a great limitation to applying these conventions. Funds from the budget that would have gone to funding these conventions and their programs go to funding military operations in north where there are rebels of Lords’ Resistance Army.
In addition programmes called for, such as planting of trees can not take place in insecure places in northern Uganda .
There are also not so many specialists in this field in Uganda and even those who are qualified want to stay in urban areas and not going in rural areas to sensitize and educate the rural masses who are the majority.
In addition, the international environmental law itself is not strict enough to punish the offenders severely, so the governments sometimes doesn’t take its provisions seriously. This sometimes leads the government to undermine implementation of these conventions.
Lastly due to high levels of illiteracy in the country, some illiterate masses sometimes fail to implement this convention due to ignorance.
This essay has observed that international environmental law plays several significant roles in controlling climate change. This therefore calls on countries world wide to take active responsibility of implementing what the law call for, in a move intended to control climate change which is seen as a great danger to the future generation.
References.
Birnie, P.W and Boyle, A.E (2002) International law and the environment (2nd ed.) New York: Oxford University Press
Kubasek, N.K and Silverman, G.S (2005) Environmental Law (5th ed.) New jersey Pearson Prentice hall
Steinway, D.M, Drye, K and Warren (2003) Fundamentals of environmental law . In T.F.P Sullivan (ed.) Environmental law handbook (17th ed.) USA: Government institute.
UNCCD (2000) Potential Benefits form becoming a party to the convention(English only) Retrieved April 18, 2006 from http://www.unccd.int/convention/ratif/benefit.php
UNEP and UNFCCC (2002) Climate change Information kit. Geneva Switzerland.
UNFCCC (2003) Caring for climate: A guide to the Climate Change Convention and the Kyoto Protocol. Bonn. Germany
Wikipedia encyclopedia. International environment Law. Retrieved April 18, 2006 from http://en.wikipedia.org/wiki/international_environmental
World Bank (2004) Climate Change: the UNFCCC and the Kyoto protocol. Retrieved April 18, 2006 from http://www.worldbank.org/legal/lengen/lengen-climate.html
[1] Wikipedia Encyclopedia is an online encyclopedia
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