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Enviorment law @ climate change convention
1. Discuss about the different commitment mentioned in the climate change convention. What
is the objective of the convention? Evaluate the convention?
The United Nations Framework Convention on Climate Change (UNFCCC) is the first
incorporated treaty on climate change, the treaty is an international environmental treaty negotiated
by the United Nations (UNCED) held in Rio de Janeiro from June 3 to 14, 1992. The treaty itself
set no legal binding or set any limits for countries on greenhouse gas emissions and it actually not
contains enforcement mechanisms/guidelines. In that sense, the treaty is considered legally non-
binding. But the treaty shows it importance by providing a framework for negotiating specific
international treaties that may set binding limits on greenhouse gases and other substances which
causing serious harm on biodiversity that the treaty at first confirmed the negative impact which
might be cause due to change of climate is a global climate. The promises of the Framework
Convention and the Protocol cannot produce desired results unless the global concerns are met.
However, meeting those concerns are a complex task because the economic and social behaviors
that drive anthropogenic GHG emissions occur across a broad array of sectors and reach almost
every side of modern life. The key commitments reflected in climate change convention are as
follows:
1. That the signing states will have to work to prevent climate change based on their individual but
general capacities.
2. The interest of the developing countries should be kept in priorities
3. The states have to work based on precautionary and sustainable development principle
4. The key sources of green house gas emissions have to be stopped by the signing states and it
have the necessities to set sink to take out green house gases.
5. To reduce green house gas emission the states are under obligation to transfer technology,
technique, and management policy and development principle in cooperative manner.
6. The states have to be taken into consideration the issues of climate change during enacting
economic, social and environmental policy for themselves.
7. The developed countries have to confirm initiatives to reduce effect of green house gas like
same as it was in the duration of 1990
8. All states are under obligation to submit their yearly report on initiatives and ultimate effect of
climate change in the concerned territories and the developing stetate are under obligation to
make up cost for that purpose.
2. That’s why the multilateral climate change regimes require that emission reduction commitments be
fully met, at a domestic level, by the broadest number of Parties. In short, the success and credibility
of the Kyoto Protocol, or any future climate accord, will depend upon meaningful compliance. This
treaty explores the importance of meaningful compliance in the context of climate change and
examines some of the principles and strategies that can help reach that goal.
The key compliances /commitments given in climate change convention are like as follows:
National compliance systems are promoted, consistent with domestic priorities and legal
tradition, as a core strategy to meet international commitment.
Monitoring and verification are made routine and credible through cooperative effort and
integration with national systems.
Participation in the Kyoto Protocol, and in efforts to meet broader climate change policy goals,
is encouraged among the broadest possible range of states.
Examining relevant national models we can find that the legal frameworks that balance supportive
and adaptive tools with corrective measures can promote compliance domestically. The convention
laid down the choice of consequences other than penalties can be used to promote compliance, and
how the allocation of penalties, when collected, can be shaped to serve the objectives of GHG
emissions reductions more directly. The fundamental role that civil society can play in promoting
effective compliance at a national level, and explore how expanding this role through access to
information, policy formulation, and compliance proceedings can help achieve GHG emissions
reduction goals. Taking analysis of national strategies back into the context of the Framework
Convention and the Kyoto Protocol, the monitoring and verifying compliance with climate change
commitments are critical to assuring the integration of climate commitments into national systems.
In light of these challenges, the outlines principles and strategies for effective monitoring and
verification and discusses their relevance in the climate change context is might be the issue to
examines how direct inspections and monitoring, transparency and openness, independent study and
verification, redundancy, and false-reporting deterrence can serve as oversight tools, adding certainty
and credibility to compliance assurance. In sum, the analysis of these three separate but related
themes of national compliance systems, monitoring and verification, and participation lead to the
following principal findings:
1. Meaningful compliance with climate change commitments can best be achieved where promises
made internationally are embraced domestically.
3. 2. National compliance systems should be promoted as a core strategy for assuring compliance
with the international climate change regime because states are more capable of making policy
choices suited to their national needs.
3. Effective national compliance systems tend to balance and combine market-based mechanisms
and incentives with regulatory models suited to domestic should be given in priorities.
4. Monitoring and verifying compliance will be substantially aided by using the cooperative
mechanisms of the Framework Convention and the Kyoto Protocol.
5. Broad state participation in climate change regimes may be as important as national
performance.
As it said before that the treaty is not a binding one, it has given emphasize upon the states to take
into consideration the necessities arises day by day. That’s the convention declared the climate
change and its negative impacts are the key concern for the states at present and that’s the objective
of the treaty is to "stabilize greenhouse gas concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the climate system and other objectives of the
instrument might be like the followings:
1. It objects to recognize the principle of precautionary and equity towards tackling the impacts of
climate change
2. It objects to take into consideration the demand of developing countries as utmost priorities
towards climate change
3. It objects to recognize the right to sustainable development of all states as a matter of rights
4. It objects to prohibit discrimination on bilateral and multilateral trade.
5. It objects to confirm few commitment of the states towards tackling the impacts of climate
change.
6. It objects to recognize the principle of individual but general responsibility of the states.
These factors may not be sufficient to guarantee the ultimate success of an international compliance
climate change framework but they are necessary to make any real progress. The reason that the role
of states as regulators translating their international climate change commitments to domestic action
is critical. States are more capable than multilateral institutions of adapting policy choices to their
national needs and priorities, and better able to claim jurisdiction over relevant entities where
necessary to compel attention to those choices. Concerns about sovereignty that complicate
international compliance and limit international institutions can be minimized when compliance
efforts are undertaken in a national context under the rules of the prevailing legal system.