Discuss about the different commitment mentioned in the climate change convention. Whatis the objective of the convention?...
That’s why the multilateral climate change regimes require that emission reduction commitments befully met, at a domestic ...
2. National compliance systems should be promoted as a core strategy for assuring compliancewith the international climate...
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Enviorment law @ climate change convention


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Enviorment law @ climate change convention

  1. 1. Discuss about the different commitment mentioned in the climate change convention. Whatis the objective of the convention? Evaluate the convention?The United Nations Framework Convention on Climate Change (UNFCCC) is the firstincorporated treaty on climate change, the treaty is an international environmental treaty negotiatedby the United Nations (UNCED) held in Rio de Janeiro from June 3 to 14, 1992. The treaty itselfset no legal binding or set any limits for countries on greenhouse gas emissions and it actually notcontains 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 specificinternational treaties that may set binding limits on greenhouse gases and other substances whichcausing serious harm on biodiversity that the treaty at first confirmed the negative impact whichmight be cause due to change of climate is a global climate. The promises of the FrameworkConvention 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 behaviorsthat drive anthropogenic GHG emissions occur across a broad array of sectors and reach almostevery side of modern life. The key commitments reflected in climate change convention are asfollows:1. That the signing states will have to work to prevent climate change based on their individual butgeneral capacities.2. The interest of the developing countries should be kept in priorities3. The states have to work based on precautionary and sustainable development principle4. The key sources of green house gas emissions have to be stopped by the signing states and ithave 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 enactingeconomic, social and environmental policy for themselves.7. The developed countries have to confirm initiatives to reduce effect of green house gas likesame as it was in the duration of 19908. All states are under obligation to submit their yearly report on initiatives and ultimate effect ofclimate change in the concerned territories and the developing stetate are under obligation tomake up cost for that purpose.
  2. 2. That’s why the multilateral climate change regimes require that emission reduction commitments befully met, at a domestic level, by the broadest number of Parties. In short, the success and credibilityof the Kyoto Protocol, or any future climate accord, will depend upon meaningful compliance. Thistreaty explores the importance of meaningful compliance in the context of climate change andexamines 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 legaltradition, as a core strategy to meet international commitment.Monitoring and verification are made routine and credible through cooperative effort andintegration 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 supportiveand adaptive tools with corrective measures can promote compliance domestically. The conventionlaid down the choice of consequences other than penalties can be used to promote compliance, andhow the allocation of penalties, when collected, can be shaped to serve the objectives of GHGemissions reductions more directly. The fundamental role that civil society can play in promotingeffective compliance at a national level, and explore how expanding this role through access toinformation, policy formulation, and compliance proceedings can help achieve GHG emissionsreduction goals. Taking analysis of national strategies back into the context of the FrameworkConvention and the Kyoto Protocol, the monitoring and verifying compliance with climate changecommitments 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 andverification and discusses their relevance in the climate change context is might be the issue toexamines how direct inspections and monitoring, transparency and openness, independent study andverification, redundancy, and false-reporting deterrence can serve as oversight tools, adding certaintyand credibility to compliance assurance. In sum, the analysis of these three separate but relatedthemes of national compliance systems, monitoring and verification, and participation lead to thefollowing principal findings:1. Meaningful compliance with climate change commitments can best be achieved where promisesmade internationally are embraced domestically.
  3. 3. 2. National compliance systems should be promoted as a core strategy for assuring compliancewith the international climate change regime because states are more capable of making policychoices suited to their national needs.3. Effective national compliance systems tend to balance and combine market-based mechanismsand incentives with regulatory models suited to domestic should be given in priorities.4. Monitoring and verifying compliance will be substantially aided by using the cooperativemechanisms of the Framework Convention and the Kyoto Protocol.5. Broad state participation in climate change regimes may be as important as nationalperformance.As it said before that the treaty is not a binding one, it has given emphasize upon the states to takeinto consideration the necessities arises day by day. That’s the convention declared the climatechange and its negative impacts are the key concern for the states at present and that’s the objectiveof the treaty is to "stabilize greenhouse gas concentrations in the atmosphere at a level that wouldprevent dangerous anthropogenic interference with the climate system and other objectives of theinstrument might be like the followings:1. It objects to recognize the principle of precautionary and equity towards tackling the impacts ofclimate change2. It objects to take into consideration the demand of developing countries as utmost prioritiestowards climate change3. It objects to recognize the right to sustainable development of all states as a matter of rights4. 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 climatechange.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 complianceclimate change framework but they are necessary to make any real progress. The reason that the roleof states as regulators translating their international climate change commitments to domestic actionis critical. States are more capable than multilateral institutions of adapting policy choices to theirnational needs and priorities, and better able to claim jurisdiction over relevant entities wherenecessary to compel attention to those choices. Concerns about sovereignty that complicateinternational compliance and limit international institutions can be minimized when complianceefforts are undertaken in a national context under the rules of the prevailing legal system.