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Plenary 4 - Local and International Policy on Climate Change
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Plenary 4 - Local and International Policy on Climate Change

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Presentation of Prof. Francis Ross de Guzman, College of Arts and Sciences, University of the Philippines Manila, during the UP Manila Conference on Global Climate Change, held October 22-23, 2009 at …

Presentation of Prof. Francis Ross de Guzman, College of Arts and Sciences, University of the Philippines Manila, during the UP Manila Conference on Global Climate Change, held October 22-23, 2009 at the Pearl Garden Hotel, Manila.


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  • 1. Prof. Kiko de Guzman, J.D. Global Legal Action on Climate Change C limate Change Response POLICY AS
  • 2. Climate Change Policy
  • 3. Climate Change Policy
  • 4. Climate Change Policy Crisis Danger Opportunity
  • 5. Policy as Opportunity Climate Change Policy POLICY as projected program of goals, values and practices (Lasswell and Kaplan, 1970)
  • 6. Policy as Opportunity Climate Change Policy [PUBLIC POLICY] authoritative allocation of values for the whole society. (Easton, 1953)
  • 7. Climate Change Policy International Environmental Law as Policy
    • jus cogens
    • customary norms
    • conventional norms
    • (ICJ Statute, 1947)
  • 8. Climate Change Policy Trail Smelter Case, 1937 International Environmental Law as Policy
  • 9. Climate Change Policy International Environmental Law as Policy
    • preventive principle
    • precautionary principle
    • (US v Canada, 1937)
  • 10. Climate Change Policy International Environmental Law as Policy (Geneva, 1979)
  • 11. Climate Change Policy International Environmental Law as Policy (Conference on the Changing Atmosphere, 1988)
  • 12. Climate Change Policy International Environmental Law as Policy
    • 154 countries signed UNFCCC
    • climate change (CC) is a common concern of mankind
    • human activities increased greenhouse gases (GHG)
    • largest share of GHG from developed countries
    • objective: stabilize GHG and prevent further CC
    (Earth Summit, 1992)
  • 13. Climate Change Policy International Environmental Law as Policy
    • develop national inventory of GHG emissions
    • implement national/regional programs to mitigate CC
    • technological cooperation
    • to take CC into account in national policies
    (UNFCCC)
  • 14. Climate Change Policy International Environmental Law as Policy (UNFCCC COP)
  • 15. Climate Change Policy International Environmental Law as Policy
    • develop national inventory of GHG emissions
    • implement national/regional programs to mitigate CC
    • technological cooperation
    • to take CC into account in national policies
    (Kyoto Protocol)
  • 16. Climate Change Policy International Environmental Law as Policy
    • ensure that aggregate CO2 emissions do not exceed assigned targets
    • reduce emissions by at least 5% of the 1990 levels from 2008-2012
    • show demonstrable progress in achieving commitments by 2005
    (Kyoto Protocol)
  • 17. Climate Change Policy International Environmental Law as Policy
    • Emissions Trading
    • Joint Implementation
    • Clean Development Mechanism
    (Kyoto Protocol)
  • 18. Climate Change Policy PHILIPPINE Law as Policy
    • ratified UNFCCC in 1994
    • ratified Kyoto in 2003
    • established CDM implementing agency in
  • 19. Climate Change Policy PHILIPPINE Law as Policy
    • Sec. 16, Art. II of 1987 Constitution
    • established IACC in 1991
    • MTPDP 2004-2010 underscores more effective environmental care
    • established PTFCC in 2007
    • established OPACC in 2008
  • 20. Climate Change Policy PHILIPPINE Law as Policy
    • creation of a Climate Change Commission
    • mandate to create a Framework Program on Climate Change
    • creation of National and Local Climate Change Action Plans
    • appropriation
    (Climate Change Act of 2009)
  • 21. Policy as Opportunity Climate Change Policy POLICY [is/should be] standing decisions characterized by behavioral consistency and repetitiveness. (Eulau and Prewitt, 1989)
  • 22. Climate Change Policy Future Policy Response
    • adaptation vis-à-vis mitigation
    • enforcement
    • multi-stakeholder participation
    (Pew Center Report, 2006)
  • 23. Prof. Kiko de Guzman, J.D. Global Legal Action on Climate Change [email_address] Thank You