| |
 |
[1] Introduction
Climate change has changed the earths atmosphere and raised the earths temperature because of gas emission or pollution emission, for example, carbon dioxide (CO2) is emitted in many ways of carbon cycle and through human activities. Consequently, the environmental effects and issues of climate change have been raised, for example, flooding and coastal erosion, weather pattern change, rising sea levels, human health and temperatures more extreme.
Many scientists agree today that the earths temperature has been affected in a discernible manner by various pollutants, but the extent of the change or whether it would bring global or regional detrimental effects is still severely contested.(1) Adapting to climate change and reducing emissions have been prepared at both of international level and national level in order to reduce environmental pollutions and global warming relating to climate change. Therefore, a central issue in international and domestic is how countries of the world should allocate the burden of addressing global climate change.(2) Consequently, many international organisations and national governments realise (3) urgency of combating climate change by international and domestic laws and policies.
At international level, the United Nation (UN) establishes the Convention on Climate Change (4) , which establishes an overall framework for intergovernmental efforts to tackle the challenge posed by climate change. This Convention recognizes that the climate system is a shared resource whose stability can be affected by industrial and other emissions of carbon dioxide and other greenhouse gases.(5) Moreover, the UN also provides the Kyoto Protocol, which is an international agreement linked to the United Nations Framework Convention on Climate Change.(6) The main purpose of the Kyoto Protocol is that it provides binding objects for 37 industrialized countries and the European community for reducing greenhouse gas (GHG) emissions .These amount to an average of five per cent against 1990 levels over the five-year period 2008-2012.(7) So, both of the UN Convention and the Protocol encourage industrialised countries to sustain GHG emissions.
At the national level, the UK is the first country in the world to have a legally binding long-term framework to cut carbon emissions and creates a legal framework for building the UK''s ability to adapt to climate change. (8) The UK establishes the Climate Change Act 2008 in order to adapt to the impact of climate change. The provision provides many new approaches to managing and responding to climate change in the UK, for example, preparation of climate change risk assessment that must take place every five years and the Government will provide Statutory Guidance on how to undertake a climate risk assessment and draw up an adaptation action plan.
So, this essay is going to describe and analyse the climate change issues and the Climate Change Act 2008 how the Climate Change Act 2008 and UK''s legal ability to adapt to climate change. In addition, this essay will critically assess the extent to which the implementation of the requirements of the Climate Change Act 2008.
[2] The Stern Review on the Economics of Climate change, urgent environmental issues relating to Climate Change and laws
The Stern Review (9) was the first report that tried to put climate change under an economic perspective. The Stern Review enlightens both of the scientific evidence for climate change impacts and adaptation in the UK.(10) The UK has taken several steps to measure benefits and costs that could justify its stated climate targets, including environmental measures dealing with climate change. Consequently, the UK passed the Climate Change Act 2008, which aims to reduce GHG emissions to at least 80 percent by 2050 (11) and at least a 26 percent reduction in CO2 by 2020.
The Stern Review consists of many new dimensions relating to climate change and effective global responses to environmental challenge, such as climate change approach, impacts of climate change on growth and development, the economics of stabilisation, policy responses for mitigation, policy responses for adaptation and international collective action.
The Stern Review on the Economics of Climate Change presents a unique challenge for economics and considers the economic costs of the impacts of climate change, and the costs and benefits of action to reduce the emissions of greenhouse gases (GHGs) that cause it, in three different ways (12) :
Using disaggregated techniques, in other words considering the physical impacts of climate change on the economy, on human life and on the environment, and examining the resource costs of different technologies and strategies to reduce greenhouse gas emissions;
Using economic models, including integrated assessment models that estimate the economic impacts of climate change, and macro-economic models that represent the costs and effects of the transition to low-carbon energy systems for the economy as a whole;
Using comparisons of the current level and future trajectories of the social cost of carbon (the cost of impacts associated with an additional unit of greenhouse gas emissions) with the marginal abatement cost (the costs associated with incremental reductions in units of emissions).
Therefore, this unique Climate Change provision as a way of reaction to the Stern Review (13) has introduced imposing a statutory duty for carbon budget allocation and controlling. Carbon budget system under a long-term framework of the UK provides the law and campaign for the move to a low-carbon UK economy, and gives businesses and individuals the direction and certainty they need to play their part.
[3] The Climate Change Act 2008
The Climate Change Act 2008 (14) as a specific legal measure dealing climate change supplements the UK''s ability to adapt to the climate change impact. This provision supports and underpins the UK long-term energy and climate policy. Hence, there are two main purposes underpinning the Climate Change Act 2008 (15) , such as the purpose to improve carbon management and help the transition towards a low carbon economy in the UK and the purpose to demonstrate strong UK as the first leader in share of responsibility for global gas emission reduction in the context of developing negotiations on a post-2010 Copenhagen (16) Climate Agreement.(17)
Therefore, the UK government established this provision in order to provide and set a target for the year 2050 for the reduction of targeted greenhouse gas emissions; to provide for a system of carbon budgeting; to establish a Committee on Climate Change; to confer powers to establish trading schemes for the purpose of limiting greenhouse gas emissions or encouraging activities that reduce such emissions or remove greenhouse gas from the atmosphere; to make provision about adaptation to climate change; to confer powers to make schemes for providing financial incentives to produce less domestic waste and to recycle more of what is produced; to make provision about the collection of household waste; to confer powers to make provision about charging for single use carrier bags; to amend the provisions of the Energy Act 2004 about renewable transport fuel obligations; to make provision about carbon emissions reduction targets; to make other provision about climate change; and for connected purposes.(18)
[3.1] Part 1: The carbon target and carbon budgeting
The target for 2050 of the Climate Change provision is the duty of the Secretary of State to ensure that the net UK carbon account for the year 2050 is at least 80% lower than the 1990 baseline.(19) The 1990 baseline is the aggregate amount of net UK emissions of carbon dioxide for that year, and net UK emissions of each of the other targeted greenhouse gases (such as methane, nitrous oxide and hydro fluorocarbons)(20) for the year that is the base year for that gas.(21)
Moreover, the target is to be met through the establishment of carbon budgets.(22) The carbon budget for a budgetary period may be set at any time after this Part comes into force, and must be set for the periods 2008-2012, 2013-2017 and 2018-2022, before 1st June 2009 and for any later period, not later than 30th June in the 12th year before the beginning of the period in question.(23) So, by setting the trajectory to our 2020 and 2050 targets through carbon budgets, we can provide a clear, credible, long-term framework for the move to a low-carbon UK economy (24) , and give businesses and individuals the direction and certainty they need to play their part.(25) The provision also provide the level of carbon budgets in order to approach on carbon budgets and intended to set the levels of the budgets for the legislative periods, for example, first three carbon budgets (26) set in law (2008-2022).
[3.2] Part 2: The Committee on Climate Change
The provision established a statutory mandate to the Committee on Climate Change (CCC). The CCC as an independent body was established under the Climate Change Act to advise the UK Government on setting carbon budgets, and to report to Parliament on the progress made in reducing greenhouse gas emissions.(27) The CCC can recommend and advise two appropriate finance responses, the Intended budget and the Interim budget under a unique system of carbon budgets.
The Intended budget requires (28) an emissions reduction of 42 percent in 2020 relative to 1990, and the Interim budget requires an emissions reduction of 34 percent in 2020 relative to 1990.(29) So, the UK uses effective financial budget controls under their Climate Change provision and under their system of carbon budgets.(30)
Besides, the CCC has duties to provide independent advice to Government on setting and meeting carbon budgets and targets. The CCC also launches to monitor progress in reducing emissions and achieving carbon budgets and conduct independent research and analysis into climate change and engage with representatives interested in climate change from across the UK in order to share research and information on climate change and gain input into our analysis.(31)
[3.3] Part 3: Trading schemes
The Climate Change Act 2008 established and proposed emissions trading scheme, which exercised by the Secretary of State, the Scottish Ministers, the Welsh Ministers or the relevant Northern Irish department,(32) This legislative provision supports the limitation of activities that consist of the emission of Greenhouse gases (GHGs) and supports activities that consist of, or that cause or contribute to reductions in the emission of GHGs or the removal of GHGs from the atmosphere, including powers to introduce domestic emissions trading schemes more quickly and easily through secondary legislation.(33)
[3.4] Part 4: Adaption to climate change
The Climate Change Act enhances the UK''s ability to adapt to the impact of climate change and establishes the following: (34)
A UK wide climate change risk assessment that must take place every five years;
A national adaptation programme which must be put in place and reviewed every five years to address the most pressing climate change risks to England;
The Government has the power to require bodies with functions of a public nature and statutory undertakers (companies like water and energy utilities) to report on how they have assessed the risks of climate change to their work, and what they are doing to address these risks;
The Government is required to publish a strategy outlining how this new power will be used, and identifying the priority organisations that will be covered by it;
The Government will provide Statutory Guidance on how to undertake a climate risk assessment and draw up an adaptation action plan; and
The creation of an Adaptation Sub-Committee of the independent Committee on Climate Change in order to oversee progress on the Adapting to Climate Change Programme and advise on the risk assessment.
[3.5] Part 5: Other provisions
The other provisions of the Climate Change act set emissions reduction targets by special financial incentive(35) to produce less domestic waste and to recycle more of what is produced; to make provision about the collection of household waste; to confer powers to make provision about charging for single use carrier bags; to amend the provisions of the Energy Act 2004 about renewable transport fuel obligations; to make provision about carbon emissions reduction targets; to make other provision about climate change; and for connected purposes.
[4] Conclusion
In conclusion, the UK''s legal adaptation to climate change and legally binding targets for reduction of greenhouse gas emissions introduced many legal measures relating to the ambiguous targets (36) under the Climate Change Act 2008. The main features relating to the Act consists of three feature aspects, such as (37) the target of the greenhouse gas emissions reduction; the reduction of carbon dioxide emissions by companies through a system allowances ;and government guidance on how companies should report on their greenhouse gas emissions.
Moreover, the other special provisions set environmental sustainability by special financial incentive, for example, charges for single use carrier bags under the relevant national authority control,(38) which aim to substantially reduce the amount of single use carrier bags and encourage a wider behavioural change where consumers re-use bags and renewable transport fuel obligations (RTFO) as amendments to the provisions of the Energy Act 2004, which requires suppliers of fossil fuels to ensure that a specified percentage of the road fuels they supply in the UK is made up of renewable fuels.(39)
So, the Act can prove that the UKs ability to adapt to climate change and long-term environmental planning can affect to global warming systematically and interestingly. However, we have been waiting for the legal results and long-term effectiveness in the long- term plans and the legislative periods under the Climate Change Act 2008.
Footnote
1. Louka, E., International Environmental Law Fairness, Effectiveness, and World order, Cambridge University Press, Cambridge, 2006, page 356.
2. Soltau, F., Fairness in International Climate Change Law and Policy, Cambridge University Press, Cambridge, page 1.
3. World leaders realize urgency of combating climate change Ban Ki-moon, UN News Centre , See website: http://www.un.org/apps/news/story.asp?NewsID=24076&Cr=climate&Cr1=change
4. Dec. 94/69 [1994] O.J. L33/11; the European Community ratified the Framework Convention by Decision 94/69/EC of 15 December 1993. The Framework Convention entered into force on 21 March 1994.
5. The United Nations Framework Convention on Climate Change, See website: http://unfccc.int/essential_background/convention/items/2627.php 6. Kyoto Protocol, See website: http://unfccc.int/kyoto_protocol/items/2830.php
7. Ibid.
8. Implementing the Climate Change Act 2008, See website: http://www.defra.gov.uk/environment/climate/legislation/
9. The Stern Review is an independent, rigourous and comprehensive analysis of the economic aspects of this crucial issue. It has been conducted by Sir Nicholas Stern, Head of the UK Government Economic Service, and a former Chief Economist of the World Bank. See website: http://www.cambridge.org/catalogue/catalogue.asp?isbn=9780521700801
10. WORKSHOP PROCEEDINGS, Assessing the Benefits of Avoided Climate Change: Cost‐Benefit Analysis and Beyond, The Economics of Climate Change Impacts: A Case Study on the Motivation for Government Decisions to Limit Greenhouse Gas Emissions by James Lester and Joel B. Smith, Stratus Consulting, Inc., May 2010, See website: http://www.pewclimate.org/.../lester-smith-case-study-government-decisions.pdf
11. Climate Change Act 2008, See website: http://www.defra.gov.uk/environment/climatechange/uk/legislation/
12. STERN REVIEW: The Economics of Climate Change, See website: http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/30_10_06_exec_sum.pdf
13. Stern Review on the Economics of Climate Change, HM TREASURY, See website: http://www.hm-treasury.gov.uk/sternreview_index.htm
14. The Climate Change Bill was introduced into Parliament on November, 14, 2007 and became law (received Royal Assent) on November 26, 2008. The Climate Change Bill contains provisions that will set a legally binding target for reducing UK carbon dioxide emission by at least 26 per cent by 2020 and at least 60 per cent by 2050, compared to 1990 levels. See Climate Change Bill [HL] 2007-08, See website: http://services.parliament.uk/bills/2007-08/climatechangehl.html
15. Grekos, M., Climate Change Act 2008 (2009) J.P.L., 4, 454-455.
16. See Action and ambition for a global deal in Copenhagen by Nicholas Stern, 6th December 2009, Centre for Climate Change Economics and Policy Grantham Research Institute for Climate Change and the Environment In collaboration with the United Nations Environment Programme (UNEP), Policy Update, See website: http://www.unep.org/pdf/.../actionandambitionforglobaldealincopenhagen.pdf
17. A Copenhagen Climate Agreement, See website: http://www.pewclimate.org/international/copenhagen-climate-agreement
18. Climate Change Act 2008, CHAPTER 27, See website: http://www.opsi.gov.uk/acts/acts2008/ukpga_20080027_en_1
19. Climate Change Act 2008 section 1 (1)
20. See CLIMATE CHANGE ACT 2008: WHAT DOES IT MEAN IN PRACTICE? By Richard Turney
21. Climate Change Act 2008 section 1 (2), Landmark Chambers, See website: www.landmarkchambers.co.uk/__.../2._Climate_Change_Act_2008.pdf
22. ibid
23. Climate Change Act 2008 section 4
24. Ed.,The UK Climate Change Act 2008. (2008) E.L.M., 20 (6), 323-324.
25. Carbon budgets, See website: http://www.decc.gov.uk/en/content/cms/what_we_do/lc_uk/carbon_budgets/carbon_budgets.aspx
26. See the Carbon Budgets Order 2009 (SI 2009/1259) which sets the level of the first three carbon budgets
See website: http://www.opsi.gov.uk/si/si2009/uksi_20091259_en_1
and the Climate Change Act 2008 (2020) Target, Credit Limit and Definitions) Order 2009 (SI 2009/1258) which amends the level of the 2020 target; sets the limit on international credits in the first budget period and defines international aviation and international shipping for reporting purposes under the Climate Change Act. See website: http://www.opsi.gov.uk/si/si2009/uksi_20091258_en_1
27. Welcome to the Committee on Climate Change (CCC), See website: http://www.theccc.org.uk/
28. The UK not only provides unique Climate Change provision, but also provides public policies as the Governments approach to reducing emissions. See House of Commons, Treasury Committee, Climate change and the Stern Review: the implications for Treasury policy Fourth Report of Session 200708 Report, together with formal minutes, oral and written evidence Ordered by The House of Commons to be printed 15 January 2008, HC 231 [Incorporating HC 248 i-iv, Session 2006-07], Published on 5 February 2008 by authority of the House of Commons, London: The Stationery Office Limited, See website: http://www.publications.parliament.uk/pa/cm200708/.../231/231.pdf
29. Carbon Budgets, Climate Change Committee, See website: http://www.theccc.org.uk/carbonbudgets/.
30. A ''carbon budget'' is a cap on the total quantity of greenhouse gas emissions emitted in the UK (net of credits purchased within the EU Emissions Trading Scheme or other international schemes, e.g. the Clean Development Mechanism - CDM) over a specified time. Under a system of carbon budgets, every tonne of greenhouse gas emitted between now and 2050 will count. Where emissions rise in one sector, we will have to achieve corresponding falls in another. Each carbon budget covers a five-year period, with three budgets set at a time. The first three carbon budgets run from 2008-2012, 2013-2017 and 2018-2022. The Committee will advise on the level of the 4th carbon budget, 2023-2027 by the end of 2010., See What is a carbon budget?, See website: http://www.theccc.org.uk/carbon-budgets
31. ibid
32. Climate Change Act 2008 section 44
33. UNITED KINGDOM CLIMATE CHANGE ACT 2008 Summary, Justice & Environment Climate Change 2009, See website: http://www.justiceandenvironment.org/wp-content/uploads/2010/03/UK_CC-Act_Summary-2009-03-30.pdf
34. How will the Act help adaptation?, See website: http://www.defra.gov.uk/environment/climate/legislation/adaptation.htm
35. UNITED KINGDOM CLIMATE CHANGE ACT 2008 Summary, Justice & Environment Climate Change 2009, See website: http://www.justiceandenvironment.org/wp-content/uploads/2010/03/UK_CC-Act_Summary-2009-03-30.pdf
36. Townsend, H., The Climate Change Act 2008: Something to be proud of after all? (2009) J.P.L., 7, 842-848.
37. Feijao, S., Climate Change Act 2008 (2009) P.L.C., 20 (1), 12-23.
38. Climate Change Act 2008 section 77 (3) In that Schedule the relevant national authority means the Secretary of State in relation to England; the Welsh Ministers in relation to Wales; the Department of the Environment in Northern Ireland in relation to Northern Ireland.
39. About the RTFO, See website: http://www.renewablefuelsagency.gov.uk/aboutthertfo
Reference
Davies, G. G. P., Carbon targets, carbon budgeting and the Committee on Climate Change: the 2008 UK Climate Change Act and the 2050 vision (2009) Env. Liability, 17 (1), 3-10.
Dewey & LeBoeuf, Climate Change Act 2008 (2009) L & F.M.R., 3 (1), 98-99.
Farmer, B., The Climate Change Act 2008 (2009) C.S.R., 32 (22), 174-175.
Feijao, S., Climate Change Act 2008 (2009) P.L.C., 20 (1), 12-23.
Grekos, M., Climate Change Act 2008 (2009) J.P.L., 4, 454-455.
Kramer, L., EC Environmental Law, 6th, Sweet & Maxwell, London, 2007.
Louka, E., International Environmental Law Fairness, Effectiveness, and World order, Cambridge University Press, Cambridge, 2006
Soltau, F., Fairness in International Climate Change Law and Policy, Cambridge University Press, Cambridge, page 1.
Schoon, N., Its a hard to follow on Climate Change (2009), ENDS Report, 408, 35-37.
Townsend, H., The Climate Change Act 2008: Something to be proud of after all? (2009) J.P.L., 7, 842-848.
Townsend, H., The Climate Change Act 2008 Will it do the trick? (2009) Env. L. Rev., 11 (2), 116-122.
|
|
|
|
|
ดูทั้งหมด
