“Climate change requires Global change of Law”
Nowadays we talk about nothing else but "climate change".
It's a name that haunts us every time it's mentioned: we hear it on the news, in conversations over coffee, at the Oscars in Hollywood in speeches by famous people.
These people are also doing projects and even trying to create solutions for this issue, e.g., Leonardo DiCaprio made a documentary, called "From Devil's Breath", which deals with climate change and the fires in Pedrógão Grande in 2017. It was shown in two sessions at the 26th United Nations climate summit (COP26) in Glasgow, Scotland.
Today, six young Portuguese people are accusing 33 countries of violating human rights, namely the right to life and respect for private and family life and the prohibition of inhuman treatment and discrimination, enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms.
These young people claim that the fires that have occurred every year in Portugal are a direct result of climate change and that these result in a danger to their health; they also claim that the strong winter storms, resulting from climate change, are a danger to their homes. This Convention is an international treaty adopted in 1950 by the member states of the CoE (Council of Europe). It entered into force in 1953 and guarantees fundamental civil and political rights not only to all citizens of the 46 member states but also to anyone under their jurisdiction.
This isn't the first case to go to the ECHR over this issue: two recent cases in which the direct cause is also GHG emissions: one was brought by 2,400 elderly women against Switzerland because they complained that the country's climate policies jeopardize their health, particularly during heat waves; and the other was a complaint against France by the former mayor of Grande-Synthe who claims that the country isn't doing enough to prevent climate change. Cases of this nature don't just go to the ECHR, the UN's Global Climate Litigation Report 2023 counts 2180 cases in 65 jurisdictions, while the Climate Case Chart databases count 1648 in the US and 783 in the jurisdictions of 55 other countries.
To understand what climate change is all about, let's take a look at its causes.
First of all, a notion of the concept itself: climate change is a variation in the climate that persists for decades or longer. It can be due to natural causes, external forces or human activities that have an effect on the composition of the atmosphere.
The main cause of climate change is the GHG. Some gases in the Earth's atmosphere act like the glass walls of a GHG, trapping the sun's heat and preventing it from escaping into space, which contributes to the warming of the planet. The burning of fossil fuels (oil, coal or gas), the cutting down of forests (deforestation), the increase in financial activity, nitrogen-containing fertilizers and fluorinated gases are all activities that cause the climate to worsen. The quantity of GHG from these activities adds to the quantities naturally present in the atmosphere, reinforcing the GHG effect and warming the planet. The gases that are naturally present are carbon dioxide, methane, nitrous oxide and fluorinated gases.
In addition to the causes mentioned above, we can add a few more, such as the use of transport: most cars, trucks, ships and planes run on fossil fuels, which makes transport one of the main contributors to GHG, especially carbon dioxide emissions. Transportation is responsible for almost a quarter of global energy-related carbon dioxide emissions.
Food production generates emissions of carbon dioxide, methane and other GHG, including from deforestation and land clearing for agriculture and grazing, consumption by cattle and sheep, the production and use of fertilizers (as mentioned above) and manure for agriculture, and the use of energy to run agricultural equipment or fishing boats, usually with fossil fuels. GHG effect also occur in the packaging and distribution of food.
Energy in buildings, residential and commercial buildings consume more than half of all electricity, with the increased use of air-conditioning units, as well as the increased consumption of electricity for lighting, household appliances and connected devices, having contributed to an increase in carbon dioxide emissions in buildings in recent years.
However, given the circumstances, the increase in GHG emissions raises the temperature over time, as mentioned above, thus changing weather patterns and upsetting the balance of nature, posing many risks for humans and all other forms of life on earth.
To begin with, high temperatures contribute to an increase in the number of heat-related illnesses and make it difficult to work outdoors, fires occur more easily and spread more quickly when conditions are warmer. Temperatures in the Arctic have risen at least twice as fast as the global average.
The last decade, 2011-2020, is the hottest on record, with the average global temperature reaching 1.1°C above pre-industrial levels in 2019. Human-induced global warming is currently increasing at a rate of 0.2° C per decade! An increase of 2° C compared to pre-industrial temperatures has a considerable negative impact on the natural environment and on human health and well-being, including a much higher risk of dangerous and eventually catastrophic environmental changes occurring worldwide, according to official site of UE; since the 1980s, every decade has seen more hot days and heatwaves; recently meteorologists have said on the news that sooner or later we will only have two seasons because of the temperatures we have been experiencing and what they are predicting in the future if nothing changes in our way of life.
Another effect is the severe, destructive storms that have become more intense and frequent in many regions. As temperatures rise, more moisture evaporates, exacerbating extreme rainfall and flooding. The frequency and size of tropical storms are also affected by the warming of the ocean. Cyclones, hurricanes and typhoons feed on the warm water on the ocean's surface. These storms often destroy homes and communities, causing deaths and huge economic losses.
Another consequence is an increasingly warmer and larger ocean, which absorbs most of the heat generated by global warming. The ocean's rate of warming has increased greatly over the last two decades at all depths, and as this temperature rises, its volume increases, since water expands when heated. Melting ice sheets also cause sea levels to rise, threatening coastal and island communities. In addition, the ocean absorbs carbon dioxide, preventing it from concentrating in the atmosphere. However, more carbon dioxide makes the water more acidic, threatening marine life and coral reefs.
Another effect is increased drought, as climate change affects the availability of water, making it scarcer in more regions. Global warming worsens drought periods in regions where water shortages are already common and leads to a greater risk of agricultural droughts, affecting crops, and ecological droughts, increasing the vulnerability of ecosystems. Periods of drought can also cause destructive sand and dust storms, which can move billions of tons of sand between continents. Deserts are growing, reducing arable land, and many people now face the threat of not having enough water on a regular basis.
The loss of species is also becoming a consequence of this issue as it poses risks to the survival of species on land and in the ocean. These risks increase with rising temperatures. Aggravated by climate change, the world is losing species at a rate 1,000 times greater than at any other time in human history. One million species are at risk of extinction in the coming decades. Forest fires, extreme weather, as well as diseases and invasive pests are among the various threats related to climate change. Some species will be able to move and survive, but others will not.
Scarce food also becomes one of the other consequences because climate change is among the reasons for the growth in hunger and malnutrition. Fishing, agriculture and livestock farming could be destroyed or become less productive. With the ocean becoming increasingly acidic, the marine resources that feed billions of people are at risk. Changes in snow and ice cover in several Arctic regions jeopardize the supply of food from grazing, hunting and fishing, heat stress can decrease the amount of water and grazing areas, causing a decline in agricultural production and affecting livestock.
As well as marine resources becoming a risk to our food supply, there are other associated risks. Climate change is the biggest health threat facing humanity. They are already damaging health with air pollution, disease, extreme weather events, forced displacement, mental health pressures, increased hunger and malnutrition in places where people can't grow or find enough food. Each year, environmental damage takes the lives of around 13 million people. Changing weather patterns are expanding the number of diseases, extreme weather events increase deaths and make it harder to maintain health systems.
Last, but surely not least, is the progressive and terrifying increase in the factors that drive people into poverty and keep them there. Floods can ravage urban slums, destroying homes and livelihoods. The heat can make it difficult to work outdoors. Water scarcity can affect agriculture. In the last decade, 2010-2019, climate-related events have caused the estimated displacement of an average of 23.1 million people a year, leaving many more vulnerable to poverty. most refugees come from countries that are more vulnerable and less prepared to adapt to the impacts of climate change.
Having said that and having referred to all the causes and effects/consequences that this giant issue encompasses, measures have to be taken, have to be adopted, there have to be rules/standards so that both GHG emissions can be reduced and all the other socio-economic and cultural problems that come with it can be combated.
In defending and guaranteeing the right of human beings to the environment, we have the European Convention for the Protection of Human Rights and Citizens, as already mentioned; the UNFCCC, which is the United Nations Framework Convention on Climate Change, the EU is a contracting party to this major international agreement and it was in 2015, during one of the meetings of the parties to the UNFCCC, that the countries adopted the Paris Agreement. This convention recognized the collective need to protect people and the environment and limit GHG emissions and has been ratified by almost every country in the world. Every year, the parties to the UNFCCC meet to review and discuss the progress made with regard to the convention, the annexed agreements and their implementation.
Within the framework of the UNFCCC, a protocol was created, called the "Kyoto Protocol" (KP), which was the first international legal treaty that explicitly sought to limit the quantified GHG emissions of developed countries. As a protocol to the UNFCCC, it inherits the fundamental principles of the climate regime, in particular common but differentiated responsibilities. It is this principle that explains why the KP replicates the global division into developed and developing countries.
The Paris Agreement came into force, which I mentioned earlier, on November 4, 2016, to give a green light to rapid climate action. This agreement, approved at the Paris Summit in December 2015 by the members of 195 countries representing more than 55% of global GHG emissions, set out to contain global warming and limit it to less than 2ºC, i.e., to keep the increase in the global average temperature "well below 2ºC". Of the 197 signatories, 186 have announced measures to limit or reduce global GHG emissions on the basis of urgent measures to be put in place in order to achieve these figures by 2030. The aim is to begin a drastic reduction in GHG emissions and achieve a balance between emissions originating from the aforementioned activities. In this process, Portugal was one of the European countries that had already completed the ratification process and had presented measures to limit GHG. According to the National Program for Climate Change 2020/2030, the country wants to achieve an overall reduction in emissions of 30% to 40% by that decade.
In order to achieve this goal, they created a mechanism for reviewing countries' commitments every five years to ensure compliance by avoiding a regression or deviation in the values to be achieved. The first mandatory review will take place in 2025 and the following ones should mark "progression".
In terms of losses and compensation, this agreement basically helps countries affected by the effects of warming when adaptation (weather warning systems, handling of agricultural seeds, dikes, etc.) is no longer possible: these are irreversible losses linked to melting glaciers or rising waters, for example. The agreement devotes an entire article to this issue, a victory for vulnerable countries such as island states. In addition to financially helping the countries of the South, which are the countries suffering most from climate change; in 2009, the rich countries pledged 100 billion dollars a year, starting in 2020, to help developing nations finance the transition to clean energies and adaptation to the effects of warming.
International Environment Law, European Environment Law, Constitutional Environment Law, Administrative Environment Law, Civil or Private Environment Law and so on. These are the rules/standards that have been established in order to protect the environment and human beings.
In short, we can say that climate change cannot be tackled alone, we all have to play our part so that our future generation, our children, grandchildren and great-grandchildren, can enjoy our planet in a sustainable and healthy way. We certainly don't want to subject our children to a planet that is totally destroyed, with two seasons, very high temperatures that will make it difficult to leave the house and lose all the beauty and fascination with nature and the world.
Rapid change is needed and not through "folklore", to quote Professor Vasco Pereira da Silva.
We need to be prepared, equipped, so that we can combat both the climate impact that it may have on our lives, as well as the financial and cultural impact.
There are several foundations that were set up specifically for this purpose, to combat climate change, one of which was set up by Leonardo DiCaprio, the "Leonardo DiCaprio Foundation", in 1998, to support organizations and initiatives dedicated to securing a sustainable future for our planet. Since that time, Leonardo DiCaprio has built longstanding relationships with some of the great leaders and thinkers on the planet, staying continually engaged and active on the most pressing issues we face – climate change, access to clean water, protecting biodiversity, oceans conservation and disaster relief.
Shall we help? Let’s make a change and starting right now!
Bibliography:
http://www.elpisnetwork.eu/elpis-v-law-review-no-3-2021-3-2/
https://www.compete2020.gov.pt/noticias/detalhe/AcordodeParis
https://apambiente.pt/clima/protocolo-de-quioto
https://www.consilium.europa.eu/pt/policies/climate-change/paris-agreement/
https://climate.ec.europa.eu/climate-change/causes-climate-change_pt
https://www.un.org/pt/climatechange/science/causes-effects-climate-change
https://www.worldwildlife.org/leaders/leonardo-dicaprio
Maria Leonor De Sousa, nº 67661, 2º B, subturma 15
