CLIMATE CHANGE AND ADAPTATION CLIMATE CHANGE LAW ENVIRONMENTAL

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CLIMATE CHANGE AND ADAPTATION CLIMATE CHANGE LAW ENVIRONMENTAL LAW AND POLICIES PERTAINING TO CLIMATE

CLIMATE CHANGE AND ADAPTATION CLIMATE CHANGE LAW ENVIRONMENTAL LAW AND POLICIES PERTAINING TO CLIMATE CHANGE TREATY LAW BY DR. PETER ONYANGO ONYOYO ASSOCIATE LECTURER AT THE ICCA DR. PETER ONYOYO O. LECTURE NOTES

BACKGROUND ANALYSIS 1. 2. 3. 4. 5. 6. SCIENTIFIC TRUTH / LEGAL PROCESS WORLD

BACKGROUND ANALYSIS 1. 2. 3. 4. 5. 6. SCIENTIFIC TRUTH / LEGAL PROCESS WORLD AWARENESS HARD & SOFT LAW HISTORICAL REVIEW OF ENVIRONMENTAL LAW UNITED NATIONS COMMITMENTS DEVELOPING INTERNATIONAL LEGAL INSTRUMENTS TO COUNTER CLIMATE CHANGE – CONSENSUS 7. RIO – KYOTO I & II 8. COP – FROM BALI 2007 TO PARIS 2015 DR. PETER ONYOYO O. LECTURE NOTES

CATEGORIES OF LAW • INTERNATIONAL LAW – INTERNATIONAL JUSTICE SYSTEM / GLOBAL JUSTICE/ GLOBAL

CATEGORIES OF LAW • INTERNATIONAL LAW – INTERNATIONAL JUSTICE SYSTEM / GLOBAL JUSTICE/ GLOBAL JURISDICTION – SOFT LAW – LEX SPECIALIS • REGIONAL LAW • FOREIGN LAW • NATIONAL/DOMESTIC/MUNICIPAL LAW – HARD LAW…. DR. PETER ONYOYO O. LECTURE NOTES

CRIMINAL V CIVIL LAW • CRIMINAL LAW – PUBLIC/ ADMINISTRATIVE LAW/ CRIMINAL LAW/ CONSTITUTIONAL

CRIMINAL V CIVIL LAW • CRIMINAL LAW – PUBLIC/ ADMINISTRATIVE LAW/ CRIMINAL LAW/ CONSTITUTIONAL LAW • PRIVATE LAW / PRIVATE PARTIES • PUBLIC VERSUS PRIVATE LAW DR. PETER ONYOYO O. LECTURE NOTES

DEFINITION OF LAW • • • JURISPRUDENCE DIFFERENT DEFINITIONS OF LAW JUDICIAL PROCESS /

DEFINITION OF LAW • • • JURISPRUDENCE DIFFERENT DEFINITIONS OF LAW JUDICIAL PROCESS / COURTS / LAW MAKING BODY (LEGISLATURE) LAW ENFORCING BODY (EXECUTIVE) LAW INTERPRETING BODY (COURT) DR. PETER ONYOYO O. LECTURE NOTES

CLIMATE JUSTICE • WHAT IS JUSTICE? • WHY IS JUSTICE IMPORTANT FOR CLIMATE CHANGE?

CLIMATE JUSTICE • WHAT IS JUSTICE? • WHY IS JUSTICE IMPORTANT FOR CLIMATE CHANGE? • THE COURT HAS THE BURDEN OF JUSTICE DR. PETER ONYOYO O. LECTURE NOTES

COMMON LAW SYSTEM AND ADJUDICATIVE APPROACH • ADVERSARIAL APPROACH • PARTIES INITIATE THE LAW-SUIT

COMMON LAW SYSTEM AND ADJUDICATIVE APPROACH • ADVERSARIAL APPROACH • PARTIES INITIATE THE LAW-SUIT AND NOT THE COURT • CIVIL LAW SYSTEM HAS INQUISITORIAL APPROACH – THE COURT CAN TAKE INITIATIVE OR ASK FOR INVESTIGATION DR. PETER ONYOYO O. LECTURE NOTES

LAW OF CONSENSUS INTERNATIONAL LAW CUSTOMARY INTERNATIONAL LAW GENERAL PRINCIPLES OF INTERNATIONAL LAW (JUS

LAW OF CONSENSUS INTERNATIONAL LAW CUSTOMARY INTERNATIONAL LAW GENERAL PRINCIPLES OF INTERNATIONAL LAW (JUS COGENS) TREATY LAW / CONVENTIONS- NEGOTIATIONS/ AGREEMENTS/SIGNATURES/ RATIFICATION • BINDING FORCE OF THE LAW – OBLIGATIONIS LEGIS • SOFT LAW / HARD LAW • • DR. PETER ONYOYO O. LECTURE NOTES

KEY CONCEPTS • RIGHTS – LAW CONFERS RIGHTS • OBLIGATIONS – LAW IMPOSES OBLIGATIONS

KEY CONCEPTS • RIGHTS – LAW CONFERS RIGHTS • OBLIGATIONS – LAW IMPOSES OBLIGATIONS • EG. CONTRACT LAW DR. PETER ONYOYO O. LECTURE NOTES

WHAT IS CLIMATE CHANGE? • Climate change, also sometimes called "global warming“ or the

WHAT IS CLIMATE CHANGE? • Climate change, also sometimes called "global warming“ or the "greenhouse effect", is caused by the emission of gases into the atmosphere as a result of • human activity. DR. PETER ONYOYO O. LECTURE NOTES

WHAT IS HAPPENING? • Certain gases emitted during industrial or agricultural activity, such as

WHAT IS HAPPENING? • Certain gases emitted during industrial or agricultural activity, such as carbondioxide (CO 2), methane, nitrous oxide and ozone, known as greenhouse gases (GHGs) collect in the atmosphere and lead to changes in the climate system which have led to the 1990 s being the warmest decade since records began. DR. PETER ONYOYO O. LECTURE NOTES

SCIENTIFIC JUDGMENT/ PROOFS/ EVIDENCE • Scientific projections predict that concentrations of carbon dioxide in

SCIENTIFIC JUDGMENT/ PROOFS/ EVIDENCE • Scientific projections predict that concentrations of carbon dioxide in the atmosphere, global average surface temperature and sea levels will rise during the 21 st century. • SEA LEVEL SHALL RISE • ICE SHALL MELT • BIODIVERSITY SHALL BE AFFECTED • RAIN PATTERNS SHALL CHANGE • FOOD PRODUCTION SHALL BE AFFECTED • IRREVERSABLE HUMANITARIAN DISASTERS DR. PETER ONYOYO O. LECTURE NOTES

 • This is likely to have an adverse effect on human health, biodiversity

• This is likely to have an adverse effect on human health, biodiversity and ecological productivity, although the global impacts of a rise in Temperature are not all negative. • The greater the increase in temperature, the greater the adverse effect. 4 Of particular concern is the impact on water supply in water-scarce areas and on human populations in low lying areas. • Climate change presents new and difficult issues for • environmental regulators to solve. CO 2, one of the • primary causes of climate change, is an unavoidable • by-product of economic activity and inevitably rises • with prosperity. 6 Much of this comes from the burning • of fossil fuels, of which the planet still has a significant • stock. DR. PETER ONYOYO O. LECTURE NOTES

WHAT IS CLIMATE CHANGE? SCIENTIFIC TRUTH DR. PETER ONYOYO O. LECTURE NOTES

WHAT IS CLIMATE CHANGE? SCIENTIFIC TRUTH DR. PETER ONYOYO O. LECTURE NOTES

HUMAN ACTIVTIES – ANTHROPOGENIC GAS EMISSION FACILITIES DR. PETER ONYOYO O. LECTURE NOTES

HUMAN ACTIVTIES – ANTHROPOGENIC GAS EMISSION FACILITIES DR. PETER ONYOYO O. LECTURE NOTES

HUMAN ACTIVITIES DR. PETER ONYOYO O. LECTURE NOTES

HUMAN ACTIVITIES DR. PETER ONYOYO O. LECTURE NOTES

SCIENTIFIC FACTS: THEORY OF HARM • • • GLOBAL WARMING EFFECTS OF GLOBAL WARMING

SCIENTIFIC FACTS: THEORY OF HARM • • • GLOBAL WARMING EFFECTS OF GLOBAL WARMING CLIMATE CHANGE MITIGATION AND ADAPTATION ISSUES LAW AS ONE OF THE APPROACHES TO COUNTER MEASURE GLOBAL WARMING / CLIMATE CHANGE DR. PETER ONYOYO O. LECTURE NOTES

MYTH & FACTS DR. PETER ONYOYO O. LECTURE NOTES

MYTH & FACTS DR. PETER ONYOYO O. LECTURE NOTES

CHANGING ECOSYSTEM DR. PETER ONYOYO O. LECTURE NOTES

CHANGING ECOSYSTEM DR. PETER ONYOYO O. LECTURE NOTES

THE CONFERENCE OF THE PARTIES (COP) • COP IS THE SUPREME BODY OF THE

THE CONFERENCE OF THE PARTIES (COP) • COP IS THE SUPREME BODY OF THE UN FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCC) • MEMBERS ARE KNOWN AS PARTIES TO THE CONVENTION DR. PETER ONYOYO O. LECTURE NOTES

CLIMATE JUSTICE CONFERENCE DR. PETER ONYOYO O. LECTURE NOTES

CLIMATE JUSTICE CONFERENCE DR. PETER ONYOYO O. LECTURE NOTES

CONFERENCE OF THE PARTIES ANNUAL MEETINGS • • • COP 13 – Bali, Indonesia

CONFERENCE OF THE PARTIES ANNUAL MEETINGS • • • COP 13 – Bali, Indonesia – 2007 COP 14 – Poznan, Poland – 2008 COP 15 – Copenhagen, Denmark – 2009 COP 16 – Cancun, Mexico – 2010 COP 17 – Durban, South Africa – 2011 COP 18 – Doha, Qatar – 2012 COP 19 - Warsaw, Poland - 2013 COP 20 - Lima, Peru - 2014 COP 21 - Paris, France - 2015 DR. PETER ONYOYO O. LECTURE NOTES

EARTH SUMMIT RIO DE JANNAIRO 1992 • UNITED NATIONS CONFERENCE ON ENVIRONMENT & DEVELOPMENT

EARTH SUMMIT RIO DE JANNAIRO 1992 • UNITED NATIONS CONFERENCE ON ENVIRONMENT & DEVELOPMENT HELD IN RIO: • 2 CONVENTIONS – ON THE FRAMEWORK CONVENTION ON CLIMATE CHANGE & ON BIOLOGICAL DIVERSITY • ORGANISED BY UNCED (UNITED NATIONS CONFERENCE ON ENVIRONMENT & DEVELOPMENT) DR. PETER ONYOYO O. LECTURE NOTES

UNITED NATIONS INTERNATIONAL LAW PERSPECTIVE ON CLIMATE CHANGE HOW IT WORKS – UNITED NATIONS

UNITED NATIONS INTERNATIONAL LAW PERSPECTIVE ON CLIMATE CHANGE HOW IT WORKS – UNITED NATIONS GENERAL ASSEMBLY INTERNATIONAL LAW COMMISSION ADOPTING THE DRAFT BY ILC ADOPTING THE RESOLUTION BY THE UNITED NATIONS GENERAL ASSEMBLY • DIPLOMATIC CONFERENCES FOR DISCUSSIONS – ADOPTING, SIGNING CONVENTIONS BY STATE MEMBERS OF THE COP – PLEDGES - COMMITMENTS • • • DR. PETER ONYOYO O. LECTURE NOTES

BILATERAL V MULTILATERAL TREATIES • LAW MAKING TREATIES • BINDING COMPONENT OF THE LAW

BILATERAL V MULTILATERAL TREATIES • LAW MAKING TREATIES • BINDING COMPONENT OF THE LAW • JURISDICTION (ICJ – JUDICIAL ORGAN) – ADVISORY OPINION / CONTENTIOUS ISSUES DR. PETER ONYOYO O. LECTURE NOTES

CLIMATE CHANGE & THE RULE OF LAW • BRITISH EXPERIENCE – CARTA MAGNA (COMMON

CLIMATE CHANGE & THE RULE OF LAW • BRITISH EXPERIENCE – CARTA MAGNA (COMMON LAW WORLD) • CLIMATE AGREEMENT IN PARIS (MAGNA CARTA 1300) – UN FRAMEWORK CONVENTION ON CLIMATE CHANGE • COMMITMENTS MUST HAVE LEGAL FORMS – THE ROLE OF THE COURTS TO ADMINISTER THE CLIMATE JUSTICE • WE NEED PREPAREDNESS TO HELP JUDICIAL OFFICERS DR. PETER ONYOYO O. LECTURE NOTES

SOME OF THE INTERNATIONAL ACTORS ON CLIMATE CHANGE & ADAPTATION COMPONENTS • • •

SOME OF THE INTERNATIONAL ACTORS ON CLIMATE CHANGE & ADAPTATION COMPONENTS • • • CLIMATE CHANGE LAW • ICJ • INTERNATIONAL ENVIRONMENTAL LAW • ICL • CIVIL SOCIETY • DIPLOMATS • IPCC- INTERGOVERNMENTAL PANEL FOR CLIMATE CHANGE UNEP WORLD BANK GOVERNMENTS (UK & USA) IFM UNESCO WHO UNICEF FAO IFAD WFP UNCEP WMO – WORLD METEOROLOGICAL DR. PETER ONYOYO O. LECTURE NOTES ORGANIZATION

INTERNATIONAL COURT OF JUSTICE • THE COURT MAY NOT BE WELL PLACED TO GIVE

INTERNATIONAL COURT OF JUSTICE • THE COURT MAY NOT BE WELL PLACED TO GIVE AN OPINION ON THE CLIMATE CHANGE LAW – SCIENCE • ADVISORY OPINION IS UNLIKELY PROSPECT • THE COURT (ICJ) – “COURT DECLINES TO DEAL WITH SCIENTIFIC PROBLEMS” • ADVISORY OPINION ON CLIMATE CHANGE MAY NOT BE THE CASE – THE COURT DECLINES TO TAKE DECISION DR. PETER ONYOYO O. LECTURE NOTES

THE NATURE OF INTERNATIONAL LAW AND ITS LIMITATIONS • THE INTERNATIONAL TRIBUNAL OF THE

THE NATURE OF INTERNATIONAL LAW AND ITS LIMITATIONS • THE INTERNATIONAL TRIBUNAL OF THE LAW OF THE SEA MAY BE BETTER IDEAL OTHER THAN THE ICJ • INTERNATIONAL TRIBUNALS ARE MORE IDEAL • CHANGES OF INTERNATIONAL PUBLIC OPINION – THE POPE’S ENCYCLICAL LETTER USES MORAL APPROACH TO CLIMATE CHANGE • COLLECTIVE COMMITMENT • NATIONAL COURTS ARE STARTING TO ACT ON CLIMATE CHANGE – SCIENTIFIC EVIDENCE USED – THE NETHERLANDS DR. PETER ONYOYO O. LECTURE NOTES

INTER-GOVERNMENTAL ORGANIZATIONS • JUNE 1992 THE RIO CONVENTION WAS ADOPTED – ARTICLE 2 •

INTER-GOVERNMENTAL ORGANIZATIONS • JUNE 1992 THE RIO CONVENTION WAS ADOPTED – ARTICLE 2 • 1997 KYOTO PROTOCOL • CONCUNI IN MEXICO – DEEP CUT – REDUCING GREENHOUSE GAS EMISSION BELOW 2 DEGREES CELCIUS • SOME EMISSIONS HAVE BEEN AVOIDED – SOME POLICIES AND ACTIONS HAVE BEEN TAKEN • BUT MUCH MORE IS NEEDED DR. PETER ONYOYO O. LECTURE NOTES

 • 2014 INTER-GOVERNMENTAL MEETING / CHANGES HAVE BEEN NOTED/ SEA LEVEL HAS RISEN/

• 2014 INTER-GOVERNMENTAL MEETING / CHANGES HAVE BEEN NOTED/ SEA LEVEL HAS RISEN/ ICE-MELTING HAS BEEN REDUCED/SEVERE PERVASIVE AND IRREVERSIBLE CHANGE • PRECIPITATION EVENTS WILL BE FREQUENT/ THE OCEAN WILL CONTINUE TO WARM AND IT WILL CONTINUE FOR CENTURIES • MAGNITUDE OF WARMING INCREASES • HIGH RISKS WILL BE SEVERE • LEGAL PROOF IS REQUIRED – STAND OF REASONABLE DOUBT/ SWISS LAW DR. PETER ONYOYO O. LECTURE NOTES

 • THE EARTH IS AT RISK ACCORDING TO SCIENTIFIC EVIDENCE – SOMETHING IS

• THE EARTH IS AT RISK ACCORDING TO SCIENTIFIC EVIDENCE – SOMETHING IS HAPPENING AND MUST BE ADDRESSED BY SOME LEGAL FRAMEWORK • INTERNATINAL LEGAL ORDER – SOVEREIGNTY OF STATES • CLIMATE CHANGE PERMEATES NATIONAL BOUNDARIES – JURISDICTION • OZONE LAYER • OCEANS • CLIMATE CHANGE IS THE SOURCE OF PROBLEMS THAT ARE BROAD AND EXPANSIVE • EACH PERSON IS CONTRIBUTING TO CLIMATE CHANGE AND EACH ONE WILL BE AFFECTED BY THE DESTRUCTION OF OZONE LAYER • ROWLAND – AN AMERICAN SCIENTIST (CHEMISTRY) DR. PETER ONYOYO O. LECTURE NOTES

 • ELUSIVE EFFORTS FROM THE INTERNAITONAL COMMUNITY AND THE INTERNATIONAL COURTS AND TRIBUNALS

• ELUSIVE EFFORTS FROM THE INTERNAITONAL COMMUNITY AND THE INTERNATIONAL COURTS AND TRIBUNALS • INTERNATIONAL COURTS AND TRIBUNALS ARE ALMOST 40 WHOSE CONCERN WITH INTERNAITONAL DISPUTES • TRIALS – USA SUPREME COURT – JUDGMENT OF LAW IS CONSIDERING THE SCIENTIFIC EVIDENCE ON CLIMATE CHANGE • JURISPRUDENCE • SOME COURTS ARE STRONG BUT SOME ARE WEAK IN THE AREA OF CLIMATE CHANGE DR. PETER ONYOYO O. LECTURE NOTES

EXPECTATIONS • COURTS OF LIMITED JURISDICTION • COURTS OF GENERAL JURISDICTION • INTERNATIONAL COURT

EXPECTATIONS • COURTS OF LIMITED JURISDICTION • COURTS OF GENERAL JURISDICTION • INTERNATIONAL COURT – RAISES CONSCIOUSNESS ON THE MATTER AND ON WHAT NEEDS TO BE DONE/ THEY ENHANCE CONSCIOUSNESS AND PROMOTES LEGITIMACY • THE ISSUE OF CLIMATE CHANGE HAS HANDLED LIMITED CLIMATE CHANGE ISSUES DR. PETER ONYOYO O. LECTURE NOTES

 • • • RIGHTS TO LIFE RIGHTS OF MIGRATION REFUGEE RIGHTS HUMAN RIGHTS

• • • RIGHTS TO LIFE RIGHTS OF MIGRATION REFUGEE RIGHTS HUMAN RIGHTS TO ACCESS FOOD/ HEALTH LIVELIHOOD ECONOMIC DEVELOPMENT DR. PETER ONYOYO O. LECTURE NOTES

VIOLATIONS OF CLIMATE CHANGE LAWS • WTO – ISSUES OF CLIMATE CHANGE DISPUTES SHALL

VIOLATIONS OF CLIMATE CHANGE LAWS • WTO – ISSUES OF CLIMATE CHANGE DISPUTES SHALL COME ADVERSLY TO ARBITRATIONS • CLIMATE CHANGE ARISES AS A SUBJECT OF VIOLATIONS OF HUMAN RIGHTS • INTERNATIONAL COURT WITH MORE GENERAL JURISDICTIONS • THE INTERNATIONAL TRIBUNAL OF THE LAW OF THE SEA AT HUMBURG (GERMANY) – MORE LIMITED ISSUES RELEVANT TO OCEANS/ PREVENTING SEA LEVEL RISE DR. PETER ONYOYO O. LECTURE NOTES

ICJ • THE ICJ LOOKS AT A BROADER SCOPE ON WHICH CONSCIOUSNESS IS FORMED

ICJ • THE ICJ LOOKS AT A BROADER SCOPE ON WHICH CONSCIOUSNESS IS FORMED – • THE INTERNATIONAL COURT HAS PLAYED THIS FUNCTION – THE ENVIRONEMT IS NOT AN ABSTRACTION BUT A REAL SPACE WHICH PROVIDES SPACE FOR HUMANS… A STATE MUST RESPECT THE ENVIRONMENT OF OTHER STATES (1996) – ADVISORY OPINION IS MEANT TO PLAY A USEFUL ROLE IN CONTRIBUTING TO GENERAL CONSCIOUSNESS USED BY STATES, CORPORATES, NGOs, GOVERNMENTS AND INDIVIDUALS/ DR. PETER ONYOYO O. LECTURE NOTES

 • SUCH ADVISORY OPINIONS JUDGMENTS HELP TO CHANGE THE BEHAVIOUR – FOR INSTANCE,

• SUCH ADVISORY OPINIONS JUDGMENTS HELP TO CHANGE THE BEHAVIOUR – FOR INSTANCE, WHALING IN JAPAN. • 2004 – ICJ CASES = WHALE MEAT PRODUCTS DR. PETER ONYOYO O. LECTURE NOTES

CLIMATE CHANGE • THE QUESTION OF STANDING- WHO CAN BRING A CASE BEFORE THE

CLIMATE CHANGE • THE QUESTION OF STANDING- WHO CAN BRING A CASE BEFORE THE INTERNATIONAL COURT (ICJ) STARE DECISIS • CLIMATE CHANGE BROUGHT TO BE HEARD BY AN NGO IN THE NETHERLANDS WAS HEARD BECAUSE THE ORGANIZATION HAD INTEREST. • AT INTERNATIONAL LAW, AN NGO OR ANY PRIVATE BODY CANNOT BRING A CASE BEFORE THE COURT FOR CONSIDERATION DR. PETER ONYOYO O. LECTURE NOTES

CONTENTIOUS CASE • STATE VERSUS STATE = • ANY STATE CAN BRING A PROCEEDING

CONTENTIOUS CASE • STATE VERSUS STATE = • ANY STATE CAN BRING A PROCEEDING AGAINST ANOTHER STATE PARTY • CUBA AND THE NETHERLANDS ACCEPTED THE JURISDICTION OF THE COURT TO BRING A CASE ON CLIMATE CHANGE • AUSTRALIA V JAPAN ON WHALING (ICJ) … IT WORKED • THE RULING GIVES A CASE FOR CAUSE FOR ACTION DR. PETER ONYOYO O. LECTURE NOTES

 • SUCH ADVISORY OPINION PROVIDE TITLES FOR NEGOTIATIONS – • CONTENTIOUS CASES CAN

• SUCH ADVISORY OPINION PROVIDE TITLES FOR NEGOTIATIONS – • CONTENTIOUS CASES CAN AS WELL PROVIDE TITLES FOR NEGOTIATIONS AT INTERNATIONAL PLATFORM • E. G. LAW OF THE SEA CONVENTIONS (UNCLOS) OF 1982 – AFRICAN SUB-REGION FISHING REQUIREMENTS / REQUESTS FOR ADVISORY OPINION • THE ICJ CAN REJECT ANY REQUEST OR FAIL TO RESPOND/ DR. PETER ONYOYO O. LECTURE NOTES

LEGAL FACTS • CASE OR QUESTIONS BROUGHT TO THE COURT MUST HAVE IN ESSENCE

LEGAL FACTS • CASE OR QUESTIONS BROUGHT TO THE COURT MUST HAVE IN ESSENCE MATERIAL ISSUES OF SCIENTIFIC OF TECHNICAL NATURE/ JUDGES HAVE THE EXPERTISE ON THIS • ANTHROPOGENIC GREENHOUSE GAS EMISSIONS IS A SCIENTIFIC OPINION/ BUT IT IS ANOTHER ISSUE FOR THE ICJ TO GIVE ITS LEGAL ADVISORY OPINION • THERE IS A BROAD CONSENSUS FOR THE COURT TO PROVIDE ADVISORY OPINION ON SCIENTIFIC FACTS BUT THIS IS NOT FREE FROM DISPUTES DR. PETER ONYOYO O. LECTURE NOTES

 • THE CONDUCT OF THE INTERNATIONAL COURT CAN PROVIDE A PLATFORM FOR FUTURE

• THE CONDUCT OF THE INTERNATIONAL COURT CAN PROVIDE A PLATFORM FOR FUTURE OPINION FORMING • JUDGMENTS GIVEN CAN BE OF SCIENTIFIC INTEREST • THE ICJ CAN AS WELL DECLINE NOT TO GIVE AN OPINION • CROSS EXAMINATION BY SCIENTIFIC EXPERTS FROM AUSTRALIA AND JAPAN – SCIENTIFIC EXPERTS ACTING AS COUNSELS IN COURT TO PROVIDE EVIDENCE – THE CONCLUSION TAKEN BY THE COURT HAS PROVED THAT THE COURT HAS POTENTIALLY ROLE TO PLAY IN CLIMATE CHANGE DR. PETER ONYOYO O. LECTURE NOTES

THE LAW • THE WHOLE TRUTH WILL DEPEND ON THE WORDING OF THE LAW

THE LAW • THE WHOLE TRUTH WILL DEPEND ON THE WORDING OF THE LAW WHETHER IT CAN BE INTERPRETED BY THE COURT OR NOT • IT WILL BE USEFUL TO DWEL SO MUCH IN THE PAST OR HISTORICAL REALITY • ADVISORY OPINION IS TO BENEFIT THE INTERNATIONAL COMMUNTIY ON WHAT IS TO BE DONE OTHER THAN WHAT WAS DONE DR. PETER ONYOYO O. LECTURE NOTES

INTERNATIONAL JUSTICE • WHAT IS THE LAW APPLICABLE TO THE MATTER? CLIMATE CHANGE •

INTERNATIONAL JUSTICE • WHAT IS THE LAW APPLICABLE TO THE MATTER? CLIMATE CHANGE • THE COURT MAY BE INVITED TO PROVIDE AN OPINION ON FUTURE DUTY AND OBLIGATIONS OF THE GOVERNMENTS • THE COURT COULD BE ASKE DTO DEAL WITH THE OBLIGATIONS UNDER TREATY SUCH AS KYOTO PROTOCOLS • THE STATES HAVE A DUTY TO ACT IN A WAY TO PREVENT THE CLIMATE CHANGE AND REDUCE GLOBAL WARMING DR. PETER ONYOYO O. LECTURE NOTES

INTERNATIONAL WRONGFUL ACT • RATIFICATION SHALL ASSIST IN HOLDING STATES LEGALLY RESPONSIBLE. • THE

INTERNATIONAL WRONGFUL ACT • RATIFICATION SHALL ASSIST IN HOLDING STATES LEGALLY RESPONSIBLE. • THE ISSUE OF STATE RESPONSIBILITY RAISES MANY QUESTIONS • MANY STATES MAY CONTRIBUTE TO INTERNATIONAL WRONGFUL ACT • WHAT IS EQUITABLE IN THAT ACT? THE COURT IS CONCERNED WITH WHAT IS EQUITABLE. DR. PETER ONYOYO O. LECTURE NOTES

 • LAW CAN PLAY A ROLE IN CLARIFYING SOME DOUBTS AND CONVINCING THE

• LAW CAN PLAY A ROLE IN CLARIFYING SOME DOUBTS AND CONVINCING THE INTERNATIONAL ACTORS • THE INTERNATIONAL COURT / TRIBUNAL CAN ADD VALUE TO THE STRUGGLE TO MITIGATE CLIMATE CHANGE AND ENHANCE ADAPTATION • FOR INSTANCE – FISHERY CONSERVATION / LIABILITY – ADVISORY OPINION HAS BEEN WELL RECEIVED AND SHARED • THE COURT TRACK RECORD IS CLEAR – WHALING CASE • PROLIFERATION OF WEAPONS OF MASS DESTRUCTION DR. PETER ONYOYO O. LECTURE NOTES

 • CHINA AND USA COMING TOGETHER • INTERNATIONAL TRIBUNAL FOR THE LAW FOR

• CHINA AND USA COMING TOGETHER • INTERNATIONAL TRIBUNAL FOR THE LAW FOR THE SEA • THE COURT CAN MAKE A POSITIVE CONTRIBUTION TO THE DEVELOPMENT OF THE CLIMATE CHANGE LAW DR. PETER ONYOYO O. LECTURE NOTES

CHALLENGES POSED BY THE CLIMATE CHANGE • DISPUTES LINKED TO CLIMATE CHANGE • WORKABLE

CHALLENGES POSED BY THE CLIMATE CHANGE • DISPUTES LINKED TO CLIMATE CHANGE • WORKABLE AND EFFECTIVE SOLUTION FOR THE CLIMATE CHANGE LAW • BUILDING ON DOMESTIC COUNTERPARTS – • WORKABLE SOLUTIONS RATHER THAN POINTING FINGERS AND BLAMES • MATTERS RELATED TO OBLIGATIONS OF STATES TO CONDUCT THEMSELVES WITHIN THE LAW – THE JUDICIAL ORGANS ARE WELL PLACED TO DEAL WITH LEGAL QUESTIONS DR. PETER ONYOYO O. LECTURE NOTES

THE SUPREME COURT OF THE USA • THE JUDGMENTS AND OPINIONS OF THE COURT

THE SUPREME COURT OF THE USA • THE JUDGMENTS AND OPINIONS OF THE COURT ARE VERY ESSENTIAL IN SUPPORTING NEGOTIATIONS ON CLIMATE CHANGE EFFECTS AND HOW TO MITIGATE SUCH EFFECTS • FAILURE TO HAVE A PROPER FRAMEWORK IN PLACE CAN HAVE TERRIBLE CONSEQUENCES DR. PETER ONYOYO O. LECTURE NOTES

LEGISLATIVE MEASURES IN USA CLIMATE SECURITY ACT 2007 • JOSEPH LIEBERMAN & JOHN WARNER

LEGISLATIVE MEASURES IN USA CLIMATE SECURITY ACT 2007 • JOSEPH LIEBERMAN & JOHN WARNER (SENATORS) – SPONSORED THE BILL IN THE SENATE • FEDERAL CAP & TRADE SYSTEM IN THE USA – FEDERAL CLIMATE CHANGE LAW • THE BILL DID NOT PASS DR. PETER ONYOYO O. LECTURE NOTES

ELEMENTS OF THE ACT • • • The primary features of the CSA: "

ELEMENTS OF THE ACT • • • The primary features of the CSA: " Cap on greenhouse gases ("GHG") emitted by many sectors of the US economy applying from 2012 to 2050. " Financial incentives for deployment of new technologies to address climate change. " Utilization of an emission trading program. Under the CSA each covered facility is required to surrender at the end of each year the number of emission allowances equalling the CO 2 equivalents that the facility emitted in that year. The cap on emissions will affect a number of facilities that emit DR. PETER ONYOYO O. LECTURE NOTES

THE EU EMISSIONS TRADING SCHEME DR. PETER ONYOYO O. LECTURE NOTES

THE EU EMISSIONS TRADING SCHEME DR. PETER ONYOYO O. LECTURE NOTES

PREVENTION • AGENDA CASE – THE NETHERLANDS COURT RULING – CONTROLLING THE TEMPERATURE TO

PREVENTION • AGENDA CASE – THE NETHERLANDS COURT RULING – CONTROLLING THE TEMPERATURE TO BELOW 2 CELSIUS DEGREES TARGET HAS BEEN MET • CARBONDIOXIDE • CARBON EMISSIONS DR. PETER ONYOYO O. LECTURE NOTES

PLAYERS / ACTORS IN THE CLIMATE CHANGE • (PREVENTION AGENDA BASED ON THE NEED

PLAYERS / ACTORS IN THE CLIMATE CHANGE • (PREVENTION AGENDA BASED ON THE NEED OF THE NETHERLANDS) • ICJ – HAS A ROLE TO PLAY IN SCIENCE – OBLIGATIONS TO REDUCE EMISSIONS/ CO 2/CFC • GOVERNMENTS • CORPORATES • MULTINATIONALS • ORGANIZATIONS / NGOs • OTHER PRIVATE ACTORS ARE INVOLVED • (LORD ARTKIN) – “IN CLASH OF ARMS THE LAWS ARE NOT SILENT) – 1941. • INTERNATIONAL COURTS SHOULD NOT BE SILENT ON THIS ISSUE… DR. PETER ONYOYO O. LECTURE NOTES

COMMENTS • THERE IS DIFFICULTY ON THE PROBLEM WHICH GLOBAL WARMING AND CLIMATE CHANGE

COMMENTS • THERE IS DIFFICULTY ON THE PROBLEM WHICH GLOBAL WARMING AND CLIMATE CHANGE PRESENT • THE OZONE LAYER IS THE ISSUE AT HAND – DEPLETION OF THE LAYER REQUIRES COLLECTIVE ACTION/ ANTHROGENIC GREENHOUSE GAS EMISSION REQUIRES JOINT EFFORT AND CONSENSUS • WE SHOULD NOT EXPECT SO MUCH FROM THE INTERNATIONAL COURTS DR. PETER ONYOYO O. LECTURE NOTES

CASE LAW • DOMESTIC JURISDICTIONS • DIFFERENT LEGAL TRADITIONS IN DIFFERENT SOCIETIES • CLIMATE

CASE LAW • DOMESTIC JURISDICTIONS • DIFFERENT LEGAL TRADITIONS IN DIFFERENT SOCIETIES • CLIMATE CHANGE NEGOTIATIONS IS VERY MUCH WORK IN PROGRESS – WHAT IS AT STAKE IS THE SPIRIT • LEGAL DEVELOPMENT IS FACED WITH CRITICAL POLITICAL ISSUES/ GOVERNMENT POLICIES (AUSTRALIA) … IT DEPENDS ON THE GOVERNMENT AND ITS LEADERSHIP DR. PETER ONYOYO O. LECTURE NOTES

AMERICAN SUPREME COURT CONNECTICUT CASE • THE POSITION OF THE COURT ON SCIENTIFIC DECISIONS

AMERICAN SUPREME COURT CONNECTICUT CASE • THE POSITION OF THE COURT ON SCIENTIFIC DECISIONS • COAL MINING / COAL EXTRACTION OPERATIONS • GREENHOUSE GAS EMISSIONS • COAL MINING / CHINA • IS REFERENCE TO INTERNATIONAL COMMUNITY A REFERENCE TO INTERNATIONAL COURT? • THE COURT SEEKS TO GRAPPLE WITH THE SCIENCE – OF LATE THERE IS CONSENSUS BY THE COURT TO ADMIT EXPERT EVIDENCE AS PROOF DR. PETER ONYOYO O. LECTURE NOTES

 • LEX SPECIALIS PRINCIPLE • THE NEGOTIATIONS – THE COURT CANNOT INVENT THE

• LEX SPECIALIS PRINCIPLE • THE NEGOTIATIONS – THE COURT CANNOT INVENT THE INTERNATIONAL LAW BUT RELIES ON WHAT HAS BEEN RATIFIED AND IS BINDING DR. PETER ONYOYO O. LECTURE NOTES

CONTEXTUALIZATION • APPLICATION OF GENERAL INTERNATIONAL LAW TO MITIGATE CLIMATE CHANGE • THE NATURE

CONTEXTUALIZATION • APPLICATION OF GENERAL INTERNATIONAL LAW TO MITIGATE CLIMATE CHANGE • THE NATURE OF OBJECTIONS TO CLIMATE CHANGE THEORIES • NEGOTIATIONS ARE EFFECTIVE – PARIS NEGOTIATION DEC 2015 / MANY MORE NEGOTIATIONS • VULNERABLE NATIONS / NEGOTIATIONS ARE LACKING MORLA AND LEGAL ASPECTS – THERE IS NO SENSE OF OBLIGATIONS (LEGAL) AND CONCERN FOR THE VULNERABLE (MORAL). DR. PETER ONYOYO O. LECTURE NOTES

 • BOTTOM UP ARCHITECTURE • REGIONAL ECONOMIES – SOUTH AFRICA AND BRAZIL HAVE

• BOTTOM UP ARCHITECTURE • REGIONAL ECONOMIES – SOUTH AFRICA AND BRAZIL HAVE MADE THEIR CONTRIBUTIONS TO AGREED TEMPERATURE LIMIT • CONTRIBUTIONS FROMS STATES ARE NOT NEGOTIATED BUT AGREED/ • THERE IS AMBITION • THERE IS DISCRETION RELATED TO NATIONAL STATES AUTONOMY IN MITIGATION AND ADAPTATION TO CLIMATE CHANGE • EQUITABILITY – CONSIDERATION OF VULNERABLE STATES / BOTTOM UP MUST TAKE INTO ACCOUNT IF THE AGREEMENT IS FAIR OR NOT DR. PETER ONYOYO O. LECTURE NOTES

 • PROBABILITY V CERTAINTY OF THE CLIMATE CHANGE CONSEQUENCES • CUSTOMARY INTERNAITONAL LAW

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