The background and impacts of global climate change, the problem of scientific uncertainty and trends of climate change and its implications for international climate change law are covered.

Introduction

It is not an exaggeration to start by stating that the phenomenon of climate change is currently one of the most serious global problems confronting humankind. The potential environmental and economic impacts of climate change are enormous and finding a solution is a complicated task. For example, as a result of global greenhouse gas (GHG) emissions, Australia, similar to many other countries, is experiencing significant climate change. Over the past century average temperatures in Australia have increased by 0.7°C. There have been declines in regional precipitation, especially along the east and west coasts of the continent.

Proper responses to climate change demand coordinated and determined efforts by governments around the world as well as some fundamental changes in the behaviour of producers and consumers. From a production perspective, it requires an evolution from the fossil fuel-based economy towards one based on environmentally-friendly sources of energy.

Generating appropriate policy responses to climate change involves progressive knowledge and analysis in a wide range of areas. Scientific, economic and ethical implications of the problem are particularly significant. Thus, rational climate change policy needs to be based on scientific facts, economic analysis and ethical considerations.

Climate change debate

The majority of environmental groups, scientists and politicians support the global warming theory, however, there are still climate change sceptics who claim that global warming and climate change are myths.

International response

Global warming is impossible to solve by any one nation alone. Unfortunately, notwithstanding the encouraging growth in the number of international environmental treaties over the last 25 years, there are few climate change related treaties at the international level.

International efforts to curb the effects of global warming began about two decades ago. In 1990, the UN convened negotiations toward a UNFCCC. In June 1992 at the Rio Earth Summit, many of the world’s heads of nations signed the UNFCCC. The parties to the Convention agreed to take action to decrease the level of GHG gases in the atmosphere. In particular the UNFCCC set the aim for industrialised countries to limit GHG emissions to the 1990 level in the year 2000. However, since the targets were voluntary, only some countries introduced legally binding policies to reduce GHG emissions and achieve the goal.

Readings

1. Freestone, David ‘The International Climate Change Legal and Institutional Framework: An Overview’ (2009) UNSWLRS 38. Available at http://www.austlii.edu.au/cgi-bin/viewdoc/au/journals/UNSWLRS/2009/38.html
2. McInerney-Lankford, Siobhan, Mac Darrow and Lavanya Rajamani, Human Rights and Climate Change: A Review of the International Legal Dimensions, The World Bank, 2011. Available at http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2011/04/25/ 000356161_20110425021031/ Rendered/PDF/613080PUB0Huma158344B09780821387207.pdf
3. Blustein, Sholam (2011) From the bottom-up: redesigning the international legal response to anthropogenic climate change. Adelaide Law Review, 32(2). Available at http://eprints.qut.edu.au/41974/5/From_the_bottom-up_[Final].pdf
4. ME Carr, K Brash and R Anderson (2010) What are the major arguments of climate change sceptics? Available at https://www.uea.ac.uk/documents/3154295/7847337/Deutsche-Bank-CRU-report.pdf