Prof. Kiko de Guzman, J.D. Global Legal Action on Climate Change C limate Change Response POLICY AS

Climate Change Policy

Climate Change Policy

Climate Change Policy Crisis Danger Opportunity

Policy as Opportunity Climate Change Policy POLICY as projected program of goals, values and practices (Lasswell and Kaplan, 1970)

Policy as Opportunity Climate Change Policy [PUBLIC POLICY] authoritative allocation of values for the whole society. (Easton, 1953)

Climate Change Policy International Environmental Law as Policy jus cogens customary norms conventional norms (ICJ Statute, 1947)

jus cogens

customary norms

conventional norms

(ICJ Statute, 1947)

Climate Change Policy Trail Smelter Case, 1937 International Environmental Law as Policy

Climate Change Policy International Environmental Law as Policy preventive principle precautionary principle (US v Canada, 1937)

preventive principle

precautionary principle

(US v Canada, 1937)

Climate Change Policy International Environmental Law as Policy (Geneva, 1979)

Climate Change Policy International Environmental Law as Policy (Conference on the Changing Atmosphere, 1988)

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)

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

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)

develop national inventory of GHG emissions

implement national/regional programs to mitigate CC

technological cooperation

to take CC into account in national policies

Climate Change Policy International Environmental Law as Policy (UNFCCC COP)

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)

develop national inventory of GHG emissions

implement national/regional programs to mitigate CC

technological cooperation

to take CC into account in national policies

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)

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

Climate Change Policy International Environmental Law as Policy Emissions Trading Joint Implementation Clean Development Mechanism (Kyoto Protocol)

Emissions Trading

Joint Implementation

Clean Development Mechanism

Climate Change Policy PHILIPPINE Law as Policy ratified UNFCCC in 1994 ratified Kyoto in 2003 established CDM implementing agency in

ratified UNFCCC in 1994

ratified Kyoto in 2003

established CDM implementing agency in

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

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

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)

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

Policy as Opportunity Climate Change Policy POLICY [is/should be] standing decisions characterized by behavioral consistency and repetitiveness. (Eulau and Prewitt, 1989)

Climate Change Policy Future Policy Response adaptation vis-à-vis mitigation enforcement multi-stakeholder participation (Pew Center Report, 2006)

adaptation vis-à-vis mitigation

enforcement

multi-stakeholder participation

Prof. Kiko de Guzman, J.D. Global Legal Action on Climate Change [email_address] Thank You