"It is difficult to imagine an issue with more global impacts on human societies and the natural environment than the green house effect. The signal is unclear but we may already be witnessing examples, if not actual green house effects. The ultimate potential impacts of green house warming could be catastrophic. It is already very late to start the process of policy consideration."

Mintzer, World Resources Institute, 1985.

Critically assess international efforts to formulate effective law and policy on the prevention of global warming.

Richard Nugent 27 May 1999
 

Introduction

Today the world faces many diverse problems. In former times the economy, security and health were perhaps most prevalent. These have recently been joined by a new problem - the environment. Within this domain is located the issue of global warming. Global warming is an extremely serious phenomenon which affects both our climate and the quality of life on earth. It is proposed here to define the green house effect and global warming in order to examine how the world's peoples and governments have responded to the threat posed by climate change. In particular attention will be drawn to the formulation of law and policy, and its effectiveness. To complete this task it is intended to focus on key treaties and protocols concluded and developed, especially within the last decade, and how regional economic organisations and states have implemented their commitments. Whilst analysis of international relations and science will be required at some junctures this will be minimized as much as possible.

Over the past 30 years the global warming issue has come to the forefront of world politics. No longer is it an issue dominated by bizarre activists, rather it is a mainstream political issue. Indeed in the UK 5M citizens are members of "green" NGOs whilst the ruling Labour Party can number only 1M. This demonstrates the importance of the environment to citizens. Whilst important, the climate change question and responses to it are in a permanent state of flux, created by the continuous input of new data into the decision making process. This is well described by Dowdeswell,

"Global environmental change is dominated by uncertainties. We do not know future carbon dioxide emissions. And even if we knew the concentrations, we still could not predict the physical climate changes they would cause. If we could accurately predict the climate changes, we would not necessarily know with accuracy the socio-economic effects. If we could project adverse future socio-economic effects, we still would have difficulty prescribing effective policy for all countries. Even if we were to formulate a policy, would this policy be acceptable to the future generations?" [1]

This quotation encapsulates many of the key issues in climate change politics: uncertainty, physical and socio-economic impact, and the difficulties of policy making.

Definitions

In order to engage the assertions of Mintzer it is first appropriate to provide a number of key definitions namely, the greenhouse effect, climate change and global warming.

The greenhouse effect

Without going into too much scientific detail, the greenhouse effect is a naturally occurring process which is vital to sustaining life on earth. Firstly one should note that the earth must emit energy back into space at the same rate at which it absorbs it from the sun. In the greenhouse process solar energy - in the form of short-wavelength radiation - impacts upon the earth's atmosphere. Some of this radiation is reflected back into space by the earth's atmosphere. However most of this energy passes into the earth's atmosphere and warms the earth's surface. The earth reacts by sending out long-wavelength infra-red radiation. Most of this radiation is absorbed by naturally occurring "greenhouse heating gases" such as water vapour and CO2. The effect of the radiation on the GHGs is multi-faceted, but chiefly it affects our climate, by the impact on rainfall, temperature, cloud formation and air currents. Eventually though, the energy, having affected the climate reaches the higher altitudes of our atmosphere and finally returns to space.

Since 1750 and the rise of the industrial era our climate has changed due to the impact both of the Industrial revolution and of rising populations. "By increasing the atmosphere's ability to absorb infra-red energy, our greenhouse gas emissions are disturbing the way the climate maintains this balance between incoming and outgoing energy. A doubling of the concentration of long-lived greenhouse gases (which is projected to occur early in the next century) would, if nothing else changed, reduce the rate at which the planet can shed energy into space by about 2 per cent. Energy cannot simply accumulate. The climate somehow will have to adjust to get rid of the extra energy -- and while 2 per cent may not sound like much, over the entire earth that amounts to trapping the energy content of some 3 million tons of oil every minute." [2]
 

Climate change and Global warming

The UNFCCC defines climate change as "a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods" [3]When climate change raises the earth's temperature above expected natural norms it is called global warming. This concept of global warming is normally attributed to anthropogenic sources.

Context
Throughout history climate and climate change has had a marked impact upon the quality of human life.[4] This has been well documented and very effectively summarized by current US Vice President Al Gore in his1992 book "Earth in the Balance" [5] Amongst the multitude of examples mentioned, Gore notes that the Irish famine in 1845 coincided with the end of the Little Ice Age period, and the accompanying global warming. This brought high rainfall and high temperatures - 1845 was also the second warmest summer in the 19th century. Whilst climate is only one of many factors in such human tragedies, it is clear that it plays an important role, and this remains the case today. Further this example illustrates the value of avoiding destabilising the earth's climate. In modern times with significantly bigger populations in danger of negative consequences resulting from climate change it is in the interests of all nations to avoid as many problems as possible which could be created by the global warming process.

In a century of rapid change and progress humanity is struggling to keep up with itself. The speed of change is now so fast that by the time a policy can be put in place it is often a case of too little too late. This is one of many problems faced by treaty negotiators.  Over the past three decades and most significantly since the 1972 Stockholm Conference on Human Environment there has been a "global environmental awakening" [6] Whilst the pre-1970 era did see numerous environmental treaties, a consistent growth in this international arena has been clear in the past 30 years. The Stockholm Conference was a catalyst for change, and for many represented a paradigm shift within the international community. At Stockholm a much clearer picture emerged of the link between environment and development. Perhaps this realisation of our interdependence assisted the beginning of detente, and more recently the end of the Cold War. Today a  new political situation with new priorities has enabled politicians and policy makers to approach new issues posing a similar threat to our existence as those faced in the immediate aftermath of WWII. The doubling of the post-war world population, in addition to economic growth (fuelled by GHG emissions) in the industrialised nations has made societies more aware of the importance of environmental issues, and more importantly of the need for robust environmental policies. Following Stockholm the UNEP, (United Nations Environment Programme)[7]  was set up.

The issues presented by global warming are legion. Creating effective law and policy to deal with such issues is undoubtedly problematic. This is due to a number of reasons which will be dealt with below.

  • scientific uncertainty (declining)
  • national sovereignty /national responsibility
  • equity (between developed and developing states as well as between generations)
  • incentives to make agreements / free-riding
  • means of assessing environmental agreements
    • Rio
    The United Nations Convention on Environment and Development, often known as the Rio summit, marked the beginning of a new chapter in global environmental protection and awareness. At Rio de Janeiro in June 1992, which was the largest gathering of world leaders in history, politicians, scientists and lobbyists gathered. There the UNFCCC (United Nations Framework Convention on Climate Change) was signed.  The aim of the UNFCCC was to:
    "achieve, in accordance with the relevant provisions of the Convention, stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level should be achieved within a time-frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner." [8]

    Aims, and the reality effected, however, are different quantities. Whilst Rio represented a valuable 'concrete step' in the right direction, lack of agreement on many issues resulted in a highly aspirational convention, criticised for being beset by compromises. Like many treaties before it, the many parties to the treaty had resulted in a lowest common denominator factor, which disabled robust policy making. Much of the UNFCCC is vague, leaving loophole highways still open for those who wish to escape commitments. Article 3.3 states "The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities." (emphasis mine) There is no definition offered of equity. Parties may self define according to their own perspectives. Clearly there will be different views held on this alone.

    Article 4 outlines the major commitments of the the UNFCCC. In Article 4.1(b) the parties agree to the implementation of climate change programmes to "facilitate adequate adaptation to climate change". Again this is very vague. There is no linking of "adequacy" to for example the conclusions of the IPCC Scientific Working Group. Nor is there any mention of national education programmes which would be required to informing citizens of their role in stopping global warming. Of course one sub-text here is the argument that such education would dampen consumer demand, and thus resist economic development. There is no doubt a useful parallel here with the tobacco industry, and its resistance to education on its side-effects as it would lead to job losses. The next point 4.1(c) seeks promotion and cooperation of technology transfer. This is a difficult area as, understandably, states are not keen to give away technology which has been expensive to develop.Yet it has taken until 1999 for major Annex 1 parties such as the USA to commit to substantial levels of technology transfer assistance.[9] It is also noted in the preamble that states have, "in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies". This displays a state based anthropocentric approach to a global environmental problem. This right to exploit resources, whilst clearly beneficial for parties to the Convention, amounts to a national pollution permit, as long as the pollution does not affect other jurisdictions. Further in article 4(f), parties agree to  "Take climate change considerations into account"  albeit in "their relevant social, economic and environmental policies and actions". Reading the commitments for ALL parties in Article 4.1 it is clear, especially in the developing countries that implementation has had little impact. Whilst Annex 1 countries are close to stabilizing their outputs by 2000, the developing nations continue to expand their emissions output as they (legitimately) develop. Sooner or later though, a crunch time will come wheneven these states will need to decrease their emissions. How this can occur, given the purported need for 60% emissions reductions on the 1990 baseline, without major adjustments to global lifestyles in an overpopulated world is a mystery not addressed in the UNFCCC text. Indeed despite widespread adoption of the UNFCCC's sister text Agenda 21 what these few examples demonstrate is that the UNFCCC, whilst valuable, is indeed only a framework which began life crippled by a host of get-out clauses, entered either for the benefit of developed countries, such as the USA (a country with a wealth of emission rich coal reserves) or for developing countries such as China (not seeking to be held back in its development by expensive concerns for the environment). Finally as the EU spokesperson at Buenos Aires noted at a COP4 press conference, there is the influence of politicians at international agreements. National representatives seek to leave major conferences with a "successful" outcome for their country. This underlying current weakened the potential impact of the Rio summit on world law and policy, as it has done in every meeting since.
     

    Kyoto [10]

    Following the Rio agreement, a number of years passed before the parties met again on a similar level. This gave parties time to ratify and enact their Rio commitments. Whilst parties met in 1995 (Berlin) [11] and 1996 (Geneva)[12] the next major agreement on climate change and global warming was the Kyoto treaty, in 1997. Where the UNFCCC marked a crucial statement of aspiration, Kyoto focusses on how to implement these aspirations in a real world context.

    Implementation is to occur through a number of flexible mechanisms for use by Annex 1 parties: International Emissions Trading, Joint Implementation, and the Clean Development Mechanism. Under Kyoto each party is allocated an emissions quota.

    International Emissions Trading allows parties who reduce emissions below this quota to sell part of their emissions allowance to other parties. Joint Implementation is a similar mechanism whereby emissions trading occurs within the context of a particular project with known emissions reduction commitments. Where the result of the project is an emissions reduction, the party financing the project in the territory of another party receives an emissions allowance equal to the reduction gained, and this reduction is deducted from the allowance of the party where the project is taking place.

    Finally the Clean Development Mechanism is a scheme involving projects similar to Joint Implementation. In this case, however, the project in hand has no quantified reduction commitment. Instead, projects are assessed independently for their emissions reductions, in order to calculate any reductions states may have "earned". [13]

    A key  problem with the Kyoto protocol is its basis on emissions reductions commitments. For by attaching economic value to emissions reductions, states have an incentive to look at their environmental policies not through the lenses of science which demands drastic action on a global level, but rather through the lenses of the economist, with each state evaluating its environmental laws and policies on a short-term cost/benefit analysis. Thus states with sufficient financial capacity ( and no doubt possessing strong world currencies) will prefer to purchase extra emission permits on the international market. Less capable states, whilst theoretically in a position of power as they possess emission reduction capacity, may find it hard to resist the capital offered to them. Whilst key sink states could form an environmental 'OPEC', the demand for their GHG sinks has not reached sufficient levels for this to be a realistic option. Ultimately, these mechanisms all clearly embrace the motto of maintaining the status quo. For all the political fanfare at Kyoto, the protocol did not amount to the arguably necessary giant leap for mankind.

    Further, Benedick notes that the "most significant gap in the protocol is the lack of any commitment by developing countries to rein in their own galloping emissions. Within two decades these will surpass emissions from all industrialized nations. China's emissions are already second only to the U.S., India's are higher than Britain, Mexico's are almost as much as France. Largely because of this offsetting factor, the emissions reductions for all industrialized countries mandated by Kyoto translate into CO2 atmospheric concentrations by 2010 that are only 0.26-0.39 percent lower than if the North actually increased its emissions by 20 percent." [14]This illustrates a very clear point, i.e. that even if the North succeeds in reducing its output, the effect will be almost meaningless vis-à-vis global climate conditions, due to the massive increases in GHG output from developing nations.
     

    Buenos Aires[15]

    The Conference of Parties at Buenos Aires COP4 can largely be summarised as putting flesh on the bones of Kyoto. Whilst Kyoto was a major breakthrough, much of the nitty-gritty of its policies remained undefined. COP4 builds on the UNFCCC as a whole but focusses on development of Kyoto. At Buenos Aires it was decided (amongst numerous other decisions) to:

    Whilst these commitments are useful what strikes this reader of the COP4 documents is the aspirational quality of much of the text. Parties are "urged" and "requested". Whilst this reflects the political reality of much international bargaining, to some extent it does reflect a lack of commitment on behalf of many states to cooperate at a level appropriate to the scale of the problem. Perhaps if states were able to see the threat of  climate change more clearly they would be more inclined to cooperate at a deeper level. It is no doubt for this reason that COP4 called for more information on the adverse effects of climate change. Hopefully as awareness develops of the need for high levels of international cooperation, the international community will respond accordingly, and its degree of effectiveness will increase. It may be useful to draw a parallel between the early EEC, and its levels of responsiveness, trust and transactions.

    International law

    It is appropriate at this point to propose some definitions of international law. These will be of use in putting international environmental law in an appropriate evaluative context. It is important to be aware that today's international law system is largely derived from European legal systems, developed over many centuries with a common cultural background, that is to say a Christian heritage. As international relations developed, emergent states have aspired to the liberal democratic system and the legal systems held by its early proponents. For many emerging states, achieving such popularly accepted norms has enabled them to find legitimacy for their nation both domestically and internationally. Legitimacy leads to increased participation in the international community and has many benefits, including access to export markets, as well as access to aid.

    International law is characterised by both 'hard' and 'soft' law. The 'soft' law refers to customary law, which as it suggests is based on customary practice between nations over many centuries. During this century and particularly in the post-war period 'hard' law has come into its own. This is treaty made law, where states make commitments to each other based upon a commonly agreed text. Treaty made law is perhaps a reaction to the weaknesses of customary law in a world system where international transactions increase both numerically and in complexity, challenging traditional systems.

    However the failure of both types of international law is characterised by its weakness. In an effort to come to some sort of mutual agreement, capable of serving various interests, states are often forced to conclude agreements much weaker than those required for the matter at hand. Such weakness has not failed to affect international environmental law.

    European Union [16]

    Living in the European Union, it is clearly appropriate to discuss the response of the European Union to the global warming problem. Firstly, the Treaty of Rome, the EU's foundation document, makes no mention of the environment, never mind global warming. This reflects post-war priorities as European nations focussed on recreating themsleves as economic powerhouses, following the disastrous first half of this century. Economic redevelopment was the key issue, and the environment was not accorded a role. However, by the early 1970s, a growing awareness of environmental side effects of industrialisation came to the fore. Scientific research was starting to show that there was only so much anthropogenic environmental damage that the planet could sustain. At this stage the European Community began to take the environment more seriously. Previously, environmental concerns had been confined to domains such as radiation [17] As early as 1970 Directives were issued from the EEC regarding air pollution caused by vehicle emissions. [18] It was not until the 1986 Single European Act that the environment received specific Treaty level recognition with the inclusion of Article 130(r), (s) and (t). Under the Amsterdam Treaty [19] (The Amsterdam Treaty consolidated with previous European Community Treaties can be found on the Europa website [20])these articles are now known as Articles 174, 175 and 176 [21].
     

    However the Community had been implementing environmental action programmes since the early 1970s and  the EU is currently coming to the end of its fifth environmental programme. In addition to supporting treaties such as the Vienna Convention [22] and its subsequent Montreal Protocol, [23] the EU has lent its support to the UNFCCC [24] Laudable though all such commitments are, in reality they are simply the natural consequence of EU and EU Member States' involvement in particular international agreements. In assessing the effectiveness of these commitments it is important to look at the bigger picture. Since the SEA came into force in 1992, and increasingly since then, the EU has become a single economic zone wherein (generally speaking) goods and persons may move, free of internal barriers. Whilst increased levels of competition are good for the consumer, they devastate the environment. As I write thousands of heavy goods vehicles are crisscrossing the EU and EEA zone. These HGVs transport goods from one end of Europe to the other as the result of increased international trade. The quest for the lowest price may mean goods travel hundreds if not thousands of miles more before they reach the consumer. Borderless economic zones, the current trend in world trade result in millions more tons of greenhouse gas emissions due to increased transport of goods and people. This has been aided not just by European commercial policies but also by the Structural Funds and Cohesion Fund which together have funded many road schemes across the EU. TENs (or Trans European Networks) are transport corridors designed to facilitate intra-EU trade and traffic. Transport has been facilitated as one of the responses to economic crises within Europe during the past few decades. It is clear that the primary driving force behind the EU is undoubtedly economic interest. However in Case 240/83 Procureur de la République v Association de Défense des Brûleurs d'Huiles Usagées [25] the ECJ held that environmental protection is one of the essential objectives of the Community. More importantly in Case 302/86 Commission v Denmark [26] the Court also held that protection of the environment is an imperative requirement which may limit the application of Article 28 (ex. Article 30) of the Treaty. Yet Article 174 (ex. 130r) is confined to defining the general objectives of the Community with regard to the environment. [27]
    Further as stated in the recent  Case C-341/95 Gianni Bettati and Safety Hi-Tech Srl [28] Article 130r(1) of the Treaty authorises "the adoption of measures relating solely to certain specified aspects of the environment, provided that such measures contribute to the preservation, protection and improvement of the quality of the environment." Thus whilst there is acceptance of the precautionary principle, there are clearly many other concerns for policy makers in addition to the environment. Yet despite reams of environmental leglislation, one may still question the commitment of  Europe's policy makers. In the early 1990s, the IPCC estimated that cuts of 60% on 1990 emissions were needed. (Whether these estimates are accurate is another, scientific debate) Whilst the EU is well ahead of the USA in cutting emissions, it is nowhere close to this level. Europe's politicians can only stomach marginally more change than their US counterparts. Either level remains insufficient.
     

    The Precautionary Principle

    This principle can be well summarised as "an assumption that science does not always provide the insights needed to protect the environment effectively and that undesirable effects may be caused if measures are taken only when science does provide such insights". [29] Whilst precautionary policy-making (in a general sense) has long been a part of any societies' policy-making process, it is only in recent times, and especially during the past decade or so, that the international community has sought to implement a precautionary prinicple within the context of environmental law. [30] Had such precautionary policies not been employed regarding the results of scientific research which had found a thinning in the ozone layer around the polar regions, the Vienna Convention and the Montreal Protocol may never have been concluded and today the ozone hole could have been much larger,  exposing millions more people to extremely harmful levels of ultr-violet light. At the Rio summit in 1992, the precautionary principle was a key rationale for signing both Agenda 21 and the UNFCCC. Many would argue that the precautionary principle merited the creation of a Biodiversity Treaty, as had been hoped. Unfortunately this did not occur.

    There are a number of strands to the precautionary principle. Firstly that of engaging preventative measures once a likelihood of harm is held to exist - not waiting for "scientific certainty". Despite this ideal it has been argued that commitments to such a concept are weak in the international system as a result of the absence of efforts to ensure compliance. [31] Secondly, it is asserted that in most treaties the precautionary principle is cost oblivious. These first two ideas are known as the absolutist approach. They do not bow to cost benefit analysis.

    Moving away from absolutism, policy makers quite rightly note that any action has its attendant risks, so too human life and its polluting outputs. The massive cost of embracing absolutism is one that few  policy-makers (mostly elected officials) can swallow. [32] It is not hard to find resistance to absolutist policies, witness reactions to coal pit-closures and car-factory closures. The price of unemployment is simply too high. A third way between absolutism and laissez-faire must be found. To date we have a handful of weak treaties.

    The precautionary principle, whilst having many benefits, by seeking high levels of environmental protection, also has its attendant risks. Chief amongst these is economic loss sustained due to costly adjustments to industrial processes in order to achieve the required levels of environmental precaution. At Rio, much of the corporate world and the oil states lobbied for low levels of adjustments in order to maintain their competitiveness in global markets. Corporate entities from industrialised states did not want to lose their market share to unscrupulous merchants in non-signatory states, or in states where legal redress was weak. Nollkaemper has pointed out that "What you risk reveals what you value". It is perhaps this concept that explains why many large corporations are now embracing "green" values. For as we approach the millenium, corporates are focussing on the customer who wants a good environment, and further, is often prepared to pay for the privilege. In Northern Ireland Green electricty costs more than normal electricity. As corporate entities realise the profits to be made from "green" products, their resistance to change softens.[33] It is also useful to recall the customer exodus from Exxon gas pumps in the USA following the Exxon-Valdez disaster.

    Common but differentiated responsibilities

    Article 3(1) of the UNFCCC describes the "common but differentiated responsibilites" of parties to the convention. It is useful to focus on this element. Firstly it is asserted that parties have responsibilities for environmental protection at various levels; local, national and global. However it is very clear to even the most casual observer that parties originate from highly diverse circumstances. This will indicate to what extent they have created a given environmental problem and further their capacity to respond to such a problem. An advantage of this principle is that it reflects positive levels of equity, in that it is non-exclusionary (common) thus recognising that all parties have played some role in the creation of the environmental problem. The principle also shows  appreciation of realistic responsiveness expectations from individual parties. These approaches are far from novel. The Stockholm Declaration drew attention to "the applicability of standards which are valid for the most advanced countries, but which may be inappropriate and of unwarranted social cost for the developing countries". [34] In 1987, the Montreal Protocol set different requirements for developing nations, and even more recently, the Kyoto and Buenos Aires Protocols have set no limits for developing nations, whilst industrialised Annex 1 states, are to have their emission levels capped once the Kyoto Protocol enters into force.

    Mintzer

    At this point it is useful to make a few criticisms on Mintzer's quotation, with allowance for a 1999 perspective. Firstly global nuclear war and devastation easily come to mind as causing significantly more problems, however this aside, in the hope of it being an unlikely occurrence, the impending problems caused by global warming do not appear to have a rival in terms of impact. Yet it should be noted that without the natural greenhouse effect the world average mean temperature would be 30 degrees Celsius lower [35] (i.e. approximately -18o C) and thus without sufficient vegetation to maintain human habitation. The greenhouse effect of which Mintzer appears to speak is the anthropogenically enhanced greenhouse effect, that is to say enhanced global warming caused by human civilizations, most likely as a result of industrialisation and technological progress. In 1985, at the time of Mintzer's analysis, the issue was predominantly whether the enhanced greenhouse effect signal was due to natural variability or to anthropogenic influences. Indeed for many this has remained a valid issue, though in recent years it has become clearer that a pattern of enhanced global mean temperatures beyond that which would be expected by natural variability is beginning to emerge, thus confirming the anthropogenic impact thesis. The vocal character of the AOSIS (Alliance of Small Island States) certainly gives credence to Mintzer's assertion that the results of his greenhouse effect could be catastrophic. A global warming produces, amongst many effects, a melting of icecaps leading to higher sea levels. This poses a threat to all low-lying land areas by the sea, here one especially thinks of small island states which could literally be permanently washed away, destroying whole nations and communities. Finally whilst it may be late to start the process of policy consideration, all tardiness must be seen in the perspective of post-war political priorities and further within the capacity of humanity to notice the climate change occurring. Intense technological progress this century has enabled humanity to increase its self-awareness and understand its impact within the wider global biological process. Such new capacities also allow such changes as are implemented at a policy level to produce more effective results. Mintzer's comments clearly evoke many issues which will resonate below.

    Science

    Climate change has become a large area of interest populated by a range of diverse actors. Scientists, economists, politicians and even lawyers are increasingly interested in this domain. Noting this vast interest, what exactly has been done to tackle this problem? As a global problem, the only response which will create a genuine solution must also be global. This is due to the lack of respect that "the environment" has for national borders or ideology, constructs of humanity. Greenhouse Heating Gases (GHG) emitted in one state may affect many other states also. This is well demonstrated by the when we study the chemical outputs of First world states such as the USA, UK or even Australia. With regard to GHG output the USA with a population of c.250M is responsible for 19% of world emissions, the largest emitter. The UK, the eighth largest emitter of GHG emits 2.4%. [36]

    Thus, with around 4% of world population the USA creates nearly one fifth of the problem. This shows how some states are more responsible for the problems we increasingly see before us than others. Once pollutants enter the atmosphere, they have a long existence, sometimes decades, sometimes centuries. Pollutants emitted from the car exhaust today will probably remain in the atmosphere, causing effect for the rest of our natural life. Like many problems in life they are not just going to go away. With these factors in mind, policy makers, having been informed by scientists, have started in recent decades to make treaties with the express purpose of stabilizing climatic change. These treaties have been made at global level and then implemented, or not, as the case may be, in the regional or domestic forum. In order to examine the issues at the heart of international environmental law and policy it is appropriate to place them in their context by recounting a little of the history of this domain.
     

    Scientific Uncertainty

    Scientific uncertainty with regard to global warming still exists. The problem with making calculations is the the limited data available with which this current century can be compared. However as more research is completed a clearer picture begins to emerge. In December 1998, the Washington Post [37]  reported new research, using data from the past 1,200 years, which strengthens the enhanced greenhouse effect thesis. "There is no period that we can recognize in the last 1,200 years that was as warm on a global basis," said Jonathan Overpeck, head of the paleoclimatology program for the National Oceanic and Atmospheric Administration. "That makes what we're now seeing more unusual, and more difficult to explain without turning to a 'greenhouse gas' mechanism." [38]Yet even prominent scientists in the field have changed their own views on global warming over the years. In 1988 James Hansen (then and now director of NASA's Goddard Institute for Space Studies) was famous for bringing the global warming issue into the public policy debate, despite opposition from colleagues who questioned his scientific proof. He stated: "It's just a logical, well-reasoned conclusion that the greenhouse is here now"[39] Yet today Hansen argues that scientists know too little about the complexities of climate, and that "The forcings that drive long-term climate change are not known with an accuracy sufficient to define future climate change"[40] Such scientific doubts do not assist strong global policy making. Rather these doubts are used as bargaining chips by states who do not wish to implement significant policy changes. By arguing that the "jury is out" on whether global warming is occurring, states can delay costly changes in order to reap short term gain.

    Sovereignty and Responsibility

    In a world where the national sovereignty of each state diminishes daily, states value all sovereignty highly, and are loath to lose it, never mind to give it away in a treaty. Yet often such claims to sovereignty are based on a much vaunted national pride rather than the logical reality of an increasingly interdependent planet. In recent decades states have begun to recognise that they have responsibilities to other states in the environmental domain. Principle 21 of the Stockholm Declaration holds that:
    "States have the sovereign right to exploit their own resources pursuant to their own environmental policies, the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction".[41] Yet at the Rio summit, in a similar assertion, the Preamble to the UNFCCC recalls that:
    "States have, ... the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction". [42]  The difference between these principles is the insertion (promotion) of developmental policies at Rio. This is underlined by the parallel Agenda 21 on Sustainable Development. Pallemaerts argues that a State's right to exploit its resources "will no longer be measured first and foremost in terms of its environmental policy obligations, which are now explicitly subordinated to the dictates of its economic development policy".[43]

    The sovereignty debate also challenges the idea of monitoring or sanctions. Clearly international monitoring is fraught with tensions. Whilst with regard to a different domain, recent visits by UN representative Richard Holbrooke searching for chemical weapons in Iraq, and OSCE monitors in Kosovo, outline the fact that states can be less than willing to be examined. Developing states often accuse observers of being spies for the country whose nationality the observers hold. Despite this there is a clear need for fair monitoring procedures if free-riders are to be exposed. The idea of sanctions is one which imposes a particular order upon another state, if it does not comply to internationally recognised standards. Sanctions may be in the form of banning a particular type of trade or they may be military. Ultimately even enforcing trade sanctions requires a military involvement. International experience demonstrates however that sanctions are a blunt tool, often punishing those who have no part in a state's behaviour.

    Another point related to national sovereignty is the divergence in international legal systems. With over 170 states worldwide it should be no surprise that numerous legal systems exist. Whilst a majority of states fall into the the general groupings of civil law and common law, many states have their own systems, closely linked to their history and culture. In former Soviet states a system resembling civil law often exists, though it should be noted that this has many differences from conventional civil law systems, due to the influence of Communist ideology upon its development during this century. However it should be noted that a number of post-Soviet states, especially those seeking membership of international organisations have adopted legal systems more akin to their Western neighbours, thus reducing the creation of legal complications at treaty development level. Another legal system is the Islamic system. This is based on the Koran and other Islamic holy books. The level of secularisation of the current government will often affect to what extent a government will cooperate internationally. Finally a short note on African and South-East Asian states. Though most states still operate legal systems similar to their former colonial regimes, African and South-East Asian cultures are often accustomed to solving problems in a non-Western fashion. This can clearly create problems at an international level, especially when one considers the West's exploitative history of these regions, and the dominance of Western negotiating systems. These reflections of non-Western domestic legal systems should not be seen as criticisms. They simply reflect the vast cultural and social divergence at the international level. As at most meetings of divergent actors, agreement is a rare commodity.

    Clearly the climate change regime needs a way to solve disputes. Powerful arbitration and dispute resolution mechanisms are needed if the world is going to develop its environmental policy processes in such a way that they are empowered to effect the required levels of change.

    Equity

    Equity is a key issue in the completion of environmental agreements. If an agreement is to be effective it is important not only that as many parties sign as possible, but also that each of these parties leaves the negotiating table capable of holding to the commitments made. Keeping promises is most likely to occur in proportion to how equitable the agreement is believed to be by relevant parties. Where a party feels that it has been exploited its motivation to comply will be low, especially when one considers that politicians are answerable to an electorate and they normally seek reelection. If, on the other hand the agreement is seen as equitable the chances of it being honored are higher. Thomas states that equity "is not simply an ethical consideration, but a practical one in relation to the effectiveness of an agreement" [44]

    Equity concerns are most commonly voiced between the North and the South, the developed and developing states. Where agreements are viewed inequitable by some states, the source of inequity may be lack of additional aid for treaty implementation, or assistance with technology transfers. Developed states, such as the USA, may even argue that too much of a burden is being put on the Northern economies. However such an argument loses its power when faced with other equity concepts such as historical responsibility, where the countries that are deemed to have caused the global warming problem are held responsible both for solving the problems thereby created, and for compensation for the environmental loss which has occurred and will ensue from their actions and lifestyles. Other equitable notions encompass egalitarianism - "all human beings should be entitled to an equal share in the atmospheric commons" [45], the concept of a status quo i.e. the idea that current levels of emissions have created a common law right to emit at that level, the willingness-to-pay argument: that those who seek to solve a problem should supply the means to support their solution (one could call this the 'on your bike' solution),  and a distributional consequences argument: the idea that solutions should improve the international distribution of wealth. Further one could suggest a utilitarian solution (Mill, J.S.) - the concept of a solution creating the greatest good for the greatest number. Western nations would pay a high price for such a system to be implemented on a global scale. Whilst this last idea is perhaps the most unlikely it does serve to demonstrate the great problem of equitable solutions. Whereas most Western states employ utilitarian philosphies to govern domestically, self-interest, coupled with a strong world power base enables these states to avoid extending such principles to a similar degree abroad. Historical international bargaining systems base themselves on the predominance of  self-interest. Current negotiating systems are unlikely to lead to equitable solutions. In addition, the impact of continued inequitable agreements will be marginal levels of compliance in states of high population and emissions growth. Due to the increasing role of such nations in world emission levels and their understandable response to marginal levels of equity at treaty level a marked increase in treaty equity is vital to the effectiveness of international laws and policies.

    Whilst the equity described above was primarily intragenerational in essence, in that it refers to present generations, Another approach to equity involves that between today's generation and following generations, or intergenerational equity. "This requires that a balance be attained between meeting the consumptive demands of existing societies and ensuring that adequate resources are available for future generations"[46] A key problem here is that law and policymakers need to find a balance between the needs and rights [47] "The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities." of those today and the needs of those tomorrow. This balance must also allow for the massive projected population growth expected  in the next 50 years i.e. world population of 9-10 bn by 2050. It is also important to seek to lessen the intragenerational inequalities for future generations, as greater inequalities could lead to conflict.  Intergenerational equity within the environmental domain has received legal recognotion in recent years, both in national and international courts. It is interesting to note that in a class action by Filipino children in the1993 Phillippine Supreme Court regarding timber cutting under government licenses, the petitioners were granted locus standi when acting as representatives for themselves and future generations.[48]

    Given that it is clear that the world cannot sustain a  level of development equal to that of today's industrialised nations for all nations, it is hardly surprising that Southern nations are challenging Western approaches to economic development [49] "To paraphrase two noted Indian critics of the Brundtland Report, there are other ways of defining progress: we need not equate development with economic growth, economic growth with expansion of the market economy, modernity with consumerism, and nonmarket economics with backwardness"  Indeed traditional approaches are the cause of today's problems therefore to apply them in their current form to a much higher world population may not be wise. Whilst free-market capitalism has brought many benefits it has also brought many problems, not least of which are environmental. Land clearing, urbanisation, and increases in GHG per capita outputs are all direct results of the current dominant economic model. Southern nations are aware of this and wish the North to recognise that it is the primary culprit for today's global warming problems and it should therefore lead in creating a solution. The North however believes that capitalism is in fact one of the solutions (cf. Kyoto protocol) to global warming. It holds that economic development and environmental protection can occur in tandem. This is often known as sustainable development. i.e. "development that meets the needs of the present without compromising the ability of future generations to meet their own needs" [50]

    Two further issues have been raised between the North and the South. These are additionality and conditionality. Additionality requires that any environmental aid is given in addition to normal overseas development aid. This forms an incentive for developing nations to cooperate in measures tackling global warming. Conditionality concerns the conditions which the North may attach to environmental aid. Reduced conditionality in agreements can increase the incentives of the developing nations to participate. For developed states conditionality along with monitoring mechanisms, forms a shield against supplicant states seeking to engage in free-riding. Finally when considering equity policy makers need to ensure emission equity, that is to say an equitable emissions allowance per capita, regardless of one's national origin, as opposed to the current system which allows a high emissions allowance for citizens of developed nations whilst discouraging developing nations with low per capita emissions from increasing their current levels. This matter is considered in more detail by Lenzen [51]In a personal correspondence Dr. Lenzen estimated that when all GHGs are included (not just CO2), UK citizens emit per capita c.14 tonnes of GHGs per annum.
     

    Human Rights

    Haarscher, writing a critique of some of the foundational philosophies of human rights, notes two types of individualism "possessive individualism" and "ethical-universalistic individualism".[52] In the former the criterion of action is one's own interest, whilst the latter respects every individual as a person. Earlier in this century it could be accurately said that both views informed human rights on an equal basis, it is held that this is not the case today. The first concept has remained strong, mainly in the form of capitalism and the market economy and perhaps even as a result of post-war sponsorship of the world economy and individualistic human rights. However the second has weakened substantially, based as it is on Reason or Religion. Secularization of powerful world states (partly due to community break-up and urbanization - both consequences of industrialisation) has resulted in the supremacy of the "possessive individualism" ethic. Haarscher also notes a philosophical individualism, citing the Socratic conception of "individual conscience as being the ultimate tribunal of validity claims"[53] All these concepts reflect heavily upon the world of environmental policy making. The dominance of possessive individualism acts as a brake on effective global warming policies. Indeed this philosophy, couched as a human right for entities with industrial priorities wreaks damage on the environment, adding to emissions. At the same time those with alternative priorities must be considered. Whilst international law focusses primarily on states it is important to recognise the rights of those who live in indigenous communities, under indigenous theories of law. Such rights have received greater recognition in the past few decades through documents sich as Agenda 21, the Convention on Biological Diversity and the 1994 UN Draft Declaration the Rights of Indigenous Peoples.

    Lynch and Maggio [54]  have noted Five International Rights which embrace human rights, economic development and environmental protection

    1. Self-Determination
    2. Permanent Sovereignty over Natural Resources
    3. The Right to Development
    4. The Right to Environment
    5. Participation
    Currently only 1 and 2 are recognised as human rights in international law, although the European Union's recognition of the environment as an "imperative" during policy making should be noted.
     

    Conclusion

    When policy makers, scientists and diplomats concluded the Vienna Convention, some states allowed commercial self-interest to play a powerful role in their decision-making process. At Rio et seq., the commercial factor has remained strong.  Sometimes implementing international commitments can be domestically difficult due to commercial interest resistance. Recently a US federal court voided new EPA (Environmental Protection Agency) air quality standards following a lawsuit from corporate interests. Here the air pollution rules were described as "an unconstitutional delegation of legislative power". It seems likely that similar problems could occur in other states, thus sapping international will to act firmly on global warming issues. [55]Yet  the commercial factor has  reduced in its impact since 1992, if only marginally. This has come about as the scientific uncertainty has weakened and as corporations grasp that the environmentally friendly approach can secure additional market share. However despite the good intentions of governments, changing course is an expensive task, and even states need genuine incentives to deliver on their promises. As states argue over aid, how it is delivered, conditions for assistance, technology transfer, it is argued that a good outcome for the planet may only occur, if at all, if the chaotic "invisible hand" of the market allows. Though this may appear a depressing analysis, it can rather be viewed as a target upon which to focus. If governments by their legal machinations can find the formula to create a worldwide demand for the conditions which will deliver sufficient GHG reductions, they will save millions of lives and thousands of communities. If not, the community of nations may well find itself with declining resources to cope with a growing tidal wave of environmental refugees. Whilst the market could save the day, it could just as easily scupper the level of action required to halt the global warming process, as low-income peoples and states the world over sacrifice tomorrow [56] for today. Further as industrialised nations continue their often exploitative[57] policies towards the developing nations, it would be hypocritical of the North to demand change without providing an increased level of assistance [58] Further it has been argued that trading emissions permits are a false dawn,[59]as rich states exploit a buyer's market to purchase the 'hot air' of post-Soviet states. The World Bank has estimated that carbon emissions permits will sell for $10-$20 a ton, though due to the extra hot air of post-Soviet states flooding the market, and the power of the bulk purchase this price is likely to fall. Further the US Energy Department has calculated that with rising (using offsetting capacity) emissions in Annex 1 countries and in developing nations carbon emissions worldwide will increase by 39% in 1990 by the year 2010. These type of estimates profoundly devalue agreements such as Rio and Kyoto. Having maintained the status quo, (though with a little change) today's politicians may have merely postponed a crisis, ignored a significant body of scientific opinion and abdicated responsibility.  Non Annex 1 parties like China and India will keep increasing emissions. Attention should also be paid to the growing influence of corporate "nations", [60] with GNP equivalents the envy of many states. [61] Harnessing their power and influence will be essential if the world is to seriously combat the global warming problem.
     

    The situation is best summed up by Harold MacMillan who reminded Paul Reynaud of the French proverb "Rush slowly". This typifies the international legal response to global warming. Reynaud's reply was rooted in reality: "An odd thing  to say to someone who is drowning". [62] Quite simply, the legal and policy perspectives which inform treaty negotiations require reevaluation. Only then will international law be able to deliver effective responses to the challenges ahead.
     
     

    References

    1. UNEP Speech 1996/25 Ms. Elizabeth Dowdeswell, Executive Director, United Nations Environment Programme at the Fourth Conference of the Parties to the Vienna Convention and the Eighth Meeting of the Parties to the Montreal Protocol, San Jose, 25 November 1996.
    2. The human race has therefore altered the greenhouse effect, and increased its ability to retain the energy absorbed from the sun, enabling the average global mean temperature to be raised beyond the parameters of natural variability. http://www.unep.ch/iuc/submenu/begin/beginner.htm
    3. Article 1.2 UNFCCC  http://www.unfccc.de/fccc/conv/conv.htm
    4. Even Shakespeare commented on the climate: ".....this most excellent canopy, the air, look you, this brave o'erhanging firmament, this majestical roof fretted with golden fire, why it appeareth nothing to me but a foul and pestilent congregation of vapors. " Shakespeare, W., "Hamlet" Act II, Scene 2.
    5. Gore, A., "Earth in the Balance" p.56 ff. (Earthscan Publications, London, 1992)
    6. Foreword, Dowdeswell, E., in "Greening International Law" Sands, P. (ed.), Earthscan Publications 1993 London.
    7. http://www.unep.ch
    8. Article 2 United Nations Framework Convention on Climate Change (text of) op. cit.
    9. Environmental News Service China & U.S. Ink Environmental Agreementshttp://ens.lycos.com/ens/apr99/1999L-04-09-05.html gjnn Acceleration of technology transfer, US/China Memorandum of Understanding on a Clean Energy Program,Statement of Intent on development of a Sulphur Dioxide Emissions Trading Feasibility Study. "The agreement calls for .. a study to test the effectiveness of emissions trading in Chinaas a market-based approach to reducing greenhouse gas emissions".
    10. http://www.cop3.de
    11. The Berlin mandate calls for the elaboration of policies and measures on climate change and also calls for QELROs (quantified emission limitation and reduction objectives.
    12. http://www.unfccc.de/fccc/cop2/copfile.htm
    13. View Sheet 24 at UNEP website: http://www.unep.ch/iuc/submenu/infokit/factcont.htm
    14. Benedick, R. How to Salvage the Kyoto Protocol http://www.weathervane.rff.org/pop/pop5/benedick.html
    15. http://www.cop4.org
    16. Climate Change: Facts and Trends: http://europa.eu.int/comm/dg11/climat/facts_en.htm
    17. Directive laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiations OJ L 011 20.02.59 p.221, amended by OJ L 057 09.07.62 p.1633, amended by OJ L 216 26.11.6 p.3693. See also OJ L 159 29.06.96 p.1
    18. e.g. Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants fro diesel engines for use in vehicles OJ L 190 20..8.72 p.1, amended by OJ L 238 15.08.89 p.43, incorporated by OJ L 001 03.01.94 p.263 amended by OJ L 125 16.05.97 p.21 Also Commission Directive 77/102/EEC of 30 November 1976 adapting to technical progress Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive ignition engines of motor vehicles OJ L 032 03.02.77 p.32
    19. EC Consolidated Treaty http://europa.eu.int/eur-lex/en/treaties/dat/ec_cons_treaty_en.pdf
    20. See http://europa.eu.int also ibid.

      21. Article 174 (ex Article 130r)
      1. Community policy on the environment shall contribute to pursuit of the following
      objectives:
      -preserving, protecting and improving the quality of the environment;
      -protecting human health;
      -prudent and rational utilisation of natural resources;
      -promoting measures at international level to deal with regional or worldwide environ
      mental problems.
      2. Community policy on the environment shall aim at a high level of protection taking into
      account the diversity of situations in the various regions of the Community. It shall be based
      on the precautionary principle and on the principles that preventive action should be taken,
      that environmental damage should as a priority be rectified at source and that the polluter
      should pay.
      In this context, harmonisation measures answering environmental protection requirements
      shall include, where appropriate, a safeguard clause allowing Member States to take
      provisional measures, for non economic environmental reasons, subject to a Community
      inspection procedure.
      3. In preparing its policy on the environment, the Community shall take account of:
      -available scientific and technical data;
      -environmental conditions in the various regions of the Community;
      -the potential benefits and costs of action or lack of action;
      -the economic and social development of the Community as a whole and the balanced
      development of its regions.
      4. Within their respective spheres of competence, the Community and the Member States
      shall cooperate with third countries and with the competent international organisations. The
      arrangements for Community cooperation may be the subject of agreements between the
      Community and the third parties concerned, which shall be negotiated and concluded in
      accordance with Article 300.
      The previous subparagraph shall be without prejudice to Member States' competence to
      negotiate in international bodies and to conclude international agreements.

      Article 175 (ex Article 130s)
      1. The Council, acting in accordance with the procedure referred to in Article 251 and
      after consulting the Economic and Social Committee and the Committee of the Regions, shall
      decide what action is to be taken by the Community in order to achieve the objectives referred
      to in Article 174.
      2. By way of derogation from the decision making procedure provided for in paragraph 1
      and without prejudice to Article 95, the Council, acting unanimously on a proposal from the
      Commission and after consulting the European Parliament, the Economic and Social
      Committee and the Committee of the Regions, shall adopt:
      -provisions primarily of a fiscal nature;
      -measures concerning town and country planning, land use with the exception of waste
      management and measures of a general nature, and management of water resources;
      -measures significantly affecting a Member State's choice between different energy sources
      and the general structure of its energy supply.
      The Council may, under the conditions laid down in the preceding subparagraph, define those
      matters referred to in this paragraph on which decisions are to be taken by a qualified
      majority.
      3. In other areas, general action programmes setting out priority objectives to be attained
      shall be adopted by the Council, acting in accordance with the procedure referred to in
      Article 251 and after consulting the Economic and Social Committee and the Committee of
      the Regions.
      The Council, acting under the terms of paragraph 1 or paragraph 2 according to the case,
      shall adopt the measures necessary for the implementation of these programmes.
      4. Without prejudice to certain measures of a Community nature, the Member States shall
      finance and implement the environment policy.
      5. Without prejudice to the principle that the polluter should pay, if a measure based on the
      provisions of paragraph 1 involves costs deemed disproportionate for the public authorities of
      a Member State, the Council shall, in the act adopting that measure, lay down appropriate
      provisions in the form of:
      -temporary derogations, and/or
      -financial support from the Cohesion Fund set up pursuant to Article 161.

      Article 176 (ex Article 130t)
      The protective measures adopted pursuant to Article 175 shall not prevent any Member State
      from maintaining or introducing more stringent protective measures. Such measures must be

    21. compatible with this Treaty. They shall be notified to the Commission.
    22. Vienna Convention for the Protection of the Ozone Layer OJ L 297 31.10.88 p.8
    23. Montreal Protocol on substances that deplete the ozone layer Declaration by the European Economic Community OJ L 297 388 p.21 OJ L 297 31.10.88 p.8 amended by OJ L 377 31.12.91 p.30
    24. Council Decision of 24 June 1993 for a monitoring mechanism of Community CO2 and other greenhouse gas emissions OJ L 167 09.07.93 p.31 Also UNFCCC Declarations OJ L 033 07.02.94 and Convention on biological diversity - Declarations OJ L 309 13.12.93 p.1
    25. Case 240/83 Procureur de la République v Association de Défense des Brûleurs d'Huiles Usagées [1985] ECR 531, paragraph 13
    26. Case 302/86 Commission v Denmark [1988] ECR 4607, paragraph 9
    27. Case C-379/92 Peralta [1994] ECR I-3453, paragraph 57
    28. Case C-341/95 Gianni Bettati and Safety Hi-Tech Srl 14 July 1998, paragraph 43
    29. Freestone, D. and Hey, E. Implementing the Precautionary Principle: Challenges and Opportunities, in Freestone, D. and Hey, E.(eds.) "The Precautionary Principle and International Law: The Challenge of Implementation" (Kluwer Law International, London, 1996).
    30. See also Article 174 ECT (ex Article 130r) point 2
    31. Nollkaemper, A. What you risk reveals what you value  in Freestone, D. and Hey, E.(eds.) "The Precautionary Principle and International Law: The Challenge of Implementation" p.76 (Kluwer Law International, London, 1996) citing Reisman, W.M., Remarks in Panel "A Hard Look at Soft Law", (1988) Proceedings of the American Society of International Law, pp.373-377.
    32. It may be of interest to note that I sought a brief comment regarding the effectiveness of law and policy re: global warming in mid April 1999  from European policy makers. A short communication was sent by fax or email in English and  French in addition to the national language (German or Italian) if required, to 12 MEPs from 6 EU Member States. The vast majority sit on the European Parliament's Committee on the Environment, Public Health and Consumer Protection. On first contact noone responded. When I recontacted these members a few weeks later 2 responded. One stated he was happy to assist after the European Elections whilst the other reply from Frau Ursula Schleicher MEP was simply "My answer: If this policy would be respected: ok. This is a problem!". But is the law and policy effective ? Clearly no one was interested in stating anything too controversial in advance of the European Parliament elections. Having previously contacted MEPs more successfully I felt this level of response bodes was unsatisfactory. The following, in no particular order were contacted: Frau Ursula Schleicher MEP Frau Marialiese Flemming MEP Mr. Kenneth Collins MEP Mme. F.D. Grossetête MPE Mr. J. Fitzsimons MEP Mrs Caroline F. Jackson MEP Sr. A. Gonzalez Trivino MPE Sr. Carlo Ripa di Meana MPE Sr. DaniloPoggiolini MPE Mrs. Nuala Ahern MEP Mr. P. Whitehead MEP Ms. Patricia McKenna MEP
    33. BP Amoco now supports the Kyoto protocol, has opened numerous solar-powered filling stations and emphasises its "green" fuels in its marketing campaigns. http://ens.lycos.com/ens/apr99/1999L-04-20-05.html
    34. Art. 30 UN General Assembly res.3201 (1974)
    35. United Nations Environment Programme http://www.unep.ch/iuc/submenu/begin/beginner.htm  op.cit.
    36. World Resources Institute http://www.wri.org/wri/enved/trends/atm-10e.html
    37. Washinton Post http://www.washingtonpost.com/wp-srv/WPlate/1998-12/08/064l-120898-idx.html
    38. http://www.iisd.ca/linkages/climate/cop5/cop5timeline.html
    39. Kerr, R.A., (1989), "Hansen vs the world on the greenhouse threat" Science, 244, 2 June 1989, pp. 1041-1043
    40. http://www.iisd.ca/linkages/climate/cop5/cop5timeline.html  citing Hansen, J.E., in The Proceedings of the National Academy of Sciences.
    41. Pallemaerts, M. in Sands, P., (ed.) "Greening International Law"  p.5 (London, Earthscan Publications Ltd. 1993)
    42. United Nations Framework Convention on Climate Change (text of) op. cit.
    43. Pallemaerts, M. in Sands, P., (ed.) "Greening International Law"  p.6 (London, Earthscan Publications Ltd. 1993)
    44. Thomas, C.,"The Environment in International Relations", p.188, (The Royal Institute of Internatioanl Affairs, London, 1992)
    45. Grubb, M., Sebenius, J.K., & Subak, S., "Sharing the burden" in Mintzer, I., (ed.), The Challenge of Responsible Development in a Warming World, (Stockholm Environment Institute/Cambridge University Press, Cambridge, 1992) cited in Thomas, C., "The Environment in International Relations", p.189  (The Royal Institute of International Affairs, London, 1992)
    46. Lynch, O.J. and Maggio, G. Human rights, Environment, and Economic Development: Existing and Emerging Standards in International Lawand  Global  Society http://www.igc.apc.org/ciel/olp3iv.html
    47. Article 3.1 UNFCCC
    48. Lynch, O.J. and Maggio, G. Human rights, Environment, and Economic Development: Existing and Emerging Standards in International Lawand  Global  Society  - Minors Oposa v. Secretary of the Department of Environment and Natural Resources 1993  see also the Maritime Delimitation in the Area between Greenland and Jan Mayen (Denmark v.Norway) ICJ 1995 Judge Weeramantry, also Nuclear Tests  (New Zealand v. France) ICJ 1995 in  http://www.igc.apc.org/ciel/olp3iv.html
    49. "Environmental Diplomacy" Susskind, L. E., p.19 (OUP, Oxford, 1994)
    50. World Commission on Environment and Development (1987) Our Common Future, Oxford University Press, Oxford, note 10, p.43
    51. Lenzen, M., "International Equity and Greenhouse Gas Emissions" (University of Sydney, Sydney, 1997) http://ledoux.arbld.unimelb.edu.au/envjust/papers/allpapers/lenzen/home.html  Lenzen has calculated that "apportioning the same amount of pollution to everybody on the planet and at the same time reducing emissions by 50% leaves about 3.5 tonnes CO2 emissions per capita per year."
    52. Haarscher, G., European Culture, Individual Rights, collective Rights in "Human Rights in a Pluralist World - Individuals and Collectivities" p.151Berting, J., Baehr, P.R., Burgers, J.H., Flinterman, C., de Klerk, B., Kroes, R., van Minnen, C.A., VanderWal, K. (eds.) (Meckler, London, 1990)
    53. ibid. p.152
    54. Lynch, O.J. and Maggio, G. Human rights, Environment, and Economic Development: Existing and Emerging Standards in International Lawand  Global  Society  http://www.igc.apc.org/ciel/olp3iii.html
    55. Federal Court Voids New EPA Air Quality Standards New York Times website (free password may be required) http://www.nytimes.com/yr/mo/day/late/ap-clean-air.html
    56. e.g. clearing rainforests to grow cash crops just in order to survive in the short term.
    57. These nations pay many times more in loan payments than they receive in aid.
    58. Few countries even meet their Overseas Development Aid target of 0.7% GNP.
    59. US to Exploit Soviet 'hot air'The Guardian Friday April 9 1999 http://www.guardianunlimited.co.uk/Archive/Article/0,4273,3851941,00.html
    60. A nation in the sense of an "imagined community" Anderson, B. "Imagined Communities"
    61. Of the 100 largest economic entities in the world (as measured by GNP or total sales 49 are nations and 51 are corporations: World Watch, May/June 1997 p.39 cited in Current Thoughts and Trends, (Colorado, The Navigators, August 1997) p.30
    62. "The Rt. Hon Harold MacMillan: Souvenez vous de votre proverbe français: Hâte-toi lentement. M. Paul Reynaud: Curieux slogan à proposer à quelqu'un qui est en train de se noyer" cited in Sidjanski, D.,"L'Avenir Fédéraliste de l'Europe", (Presses Universitaires de France, Paris, 1992), p.35.

     

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      19. This strategy paper for reducing methane emissions, describes the contribution man-made methane emissions, both at the global and European level, are making to the greenhouse effect and global warming. http://europa.eu.int/comm/dg11/docum/96557sm.htm
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    25. Council Declaration on Convention on biological diversity - Declarations OJ L 309 13.12.93 p.1
    26. Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants fro diesel engines for use in vehicles OJ L 190 20..8.72 p.1, amended by OJ L 238 15.08.89 p.43, incorporated by OJ L 001 03.01.94 p.263 amended by OJ L 125 16.05.97 p.21
    27. Council Directive laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiations OJ L 011 20.02.59 p.221, amended by OJ L 057 09.07.62 p.1633, amended by OJ L 216 26.11.6 p.3693. See also OJ L 159 29.06.96 p.1
    28. Council Directive 96/61/EC concerning integrated pollution prevention and control OJ L 257 10.10.96
    29. Council Directive 96/62/EC on ambient air quality assessment and management OJ L 296 1996
    30. Croner's Environmental Management (Monthly Updates) (Croner Publications Ltd., Rugby, 1997) Tel: +44 (0)181 547 3333
    31. Croner's Environmental Management Special Report Integrated Pollution Control in Practice (Croner Publications Ltd., Rugby, 1997) Tel: +44 (0)181 547 3333
    32. Croner's Environmental Management  Ozone Depleting Substances (Croner Publications Ltd., Rugby, 1997) Tel: +44 (0)181 547 3333
    33. Croner's Environmental Management Special Report Sustainability and Environmental Management (Croner Publications Ltd., Rugby, 1996) Tel: +44 (0)181 547 3333
    34. Croner's Environmental Management Special Report Volatile Organic Compounds (Croner Publications Ltd., Rugby, 1995) Tel: +44 (0)181 547 3333
    35. Current Thoughts and Trends, (Colorado, The Navigators, August 1997)
    36. PE-CONS 3603/99 Brussels 10 March 1999 Decision No. ##/99/EC of the European Parliament and of the Council adopting a programme of Community Action on Pollution-Related Diseases in the context of the Framework for Action in the field of Public Health (1999 to 2001). Document received from General Secretariat of the Council of the European Union - E-Mail: public.relations@consilium.eu.int
    37. Department of the Environment Air Quality: Meeting the Challenge- The Government's Strategic Policies for Air Quality Management (Department of the Environment, GB, 1995)
    38. Department of the Environment,

      39. Transport and the Regions UK Climate Change Programme - a consultation paper http://www.environment.detr.gov.uk/consult/climatechange/index.htm
    39. Department of the Environment, Transport and the Regions Third Consultation Paper on the Implementation of the IPCC Directive http://www.environment.detr.gov.uk/consult/ippc3/01.htm
    40. Department of the Environment, Transport and the Regions UK Emissions of HFCs, PFCs and SF6 and Potential Emission Reduction Options http://www.environment.detr.gov.uk/hfc9901/index.htm
    41. Department of the Environment, Transport and the Regions UK Implementation of EC Directive 96/61 on Integrated Pollution Prevention and Control Second Consultation Paper (DETR, London, 1998)
    42. Department of the Environment, Transport and the Regions Third Consultation Paper on the  Implementation of the IPCC Directive  (DETR, London, 1998)
    43. Directorate General for the Environment, Nuclear Safety and Civil Protection Buenos Aires Climate Change Conference - Where the EU stands (Office for Official Publications of the European Communities, Luxembourg, 20 October 1998) (before Buenos Aires)
    44. Eamonn Bates Environment EU Environmental Issue Manager - Issue Tracker (Eamonn Bates Environment, Brussels, March 1999) Tel: +32 2 286 94 94 or Email info@eamonnbates.com An excellent information source of EU environmental initiatives, current and lost proposals.
    45. Environmental Data Services The ENDS Report  (Environmental Data Services Ltd, London, February 1999). See also http://www.ends.co.uk
    46. Environmental News Service http://www.ens.lycos.com Users can receive free daily environmental news bulletins by email.
    47. Environmental News Service China & U.S. Ink Environmental Agreements http://ens.lycos.com/ens/apr99/1999L-04-09-05.html Acceleration of technology transfer, US/China Memorandum of Understanding on a Clean Energy Program, Statement of Intent on development of a Sulphur Dioxide Emissions Trading Feasibility Study.
    48. Environment Treaties: http://home.tvd.be/ws36068/10top.htm
    49. EU Document 6178/99 regarding Community strategy on Climate change and containing state of play of the discussions, positions of several delegations and the Council's conclusions. Access refused by General Secretariat of the Council of the European Union - E-Mail: public.relations@consilium.eu.int- "the applicant's interest in getting access to this document is outweighed by the general interest in the effectiveness of deliberations within the Council". Document not made available under Article 4(2) of Council Decision OJ L 340/43 of 31.12.93. Whilst this author defers to effective policymaking, it would have been useful to access any non-controversial partsof this document.
    50. EU Document PE-CONS 3603/99 10 March 1999 Decision No.   /99/EC of the European Parliament and of the Council adopting a programme of Community Action on Pollution-Related Diseases in the context of the Framework for Action in the field of Public Health (1999 to 2001). Document received from General Secretariat of the Council of the European Union - E-Mail: public.relations@consilium.eu.int
    51. EU Document 6749/99 24 March 1999 Council Directive 99/  /EC Relating to the limit values for Sulphur Dioxide. Nitrogen Dioxide and Oxides of Nitrogen, Particulate Matter and Lead in the Ambient Air. Document received from General Secretariat of the Council of the European Union - E-Mail: public.relations@consilium.eu.int
    52. EU Document 6994/99 26 March 1999 Working Party on Energy - Post-Cardiff Strategy: Integration of environmental aspects and sustainable development into energy policy. Document received from General Secretariat of the Council of the European Union - E-Mail: public.relations@consilium.eu.int
    53. EUR-OP News The EU's Environmental Health - How is europe doing? 2 1998 (EUR-OP News, Luxembourg, 1998)
    54. European Commission "Caring for our Future Action for Europe's Environment" (Office for Official Publications of the European Communities, Luxembourg, 1998)
    55. European Commission Forum's input to the Buenos Aires Climate Change Negotiations (European Consultative Forum on the Environment and Sustainable Development, Office for Official Publications of the European Communities, Luxembourg, 1998)
    56. European Commission  Directory of Environmental Community Legislation in Force (Extract of Volume I, Analytical register 31st edition Documentation Centre DGXI November 1998)
    57. European Commission "Economic Evaluation of Community Options to limit CO2 Emissions at the Horizon 2005 and 2010" (Office for Official Publications of the European Communities, Luxembourg, 1998)
    58. European Commission The ambient air quality framework directive -Clean air for Europe's Cities" (Office for Official Publications of the European Communities, Luxembourg, 1998)
    59. European Commission "Towards Sustainability - A European Community programme of policy and action in relation to the environment and sustainable development" (Office for Official Publications of the European Communities, Luxembourg, 1993)
    60. European Environmental Bureau http://www.greenchannel.com/eeb/other.htm
    61. European Environmental Law Review (Monthly Publication)
    62. European Union internet server: http://europa.eu.int
    63. European Union Directorate General 11 Environment, Nuclear Safety and Civil Protection http://europa.eu.int/comm/dg11/index_en.htm
    64. Eurostat Statistics in Focus - Environment - The Role of Agriculture in Climate Change  2 1998 (Eurostat, Luxembourg 1998)
    65. Federal Court Voids New EPA Air Quality Standards New York Times website (free password may be required) http://www.nytimes.com/yr/mo/day/late/ap-clean-air.html
    66. Financial Times UN Conference on Climate Change - Opposing Theorists go into battle for the world  Simonian, H., March 28 1995
    67. Financial Times The Winds of Change - A series of reviews affecting the environment and energy pricing policy promises to have conflicting goals  Boyle, S., 26 October 1998
    68. Financial Times Cut-price emissions -Emissions trading is good for the world economy and the environment  Browner C., 28 October 1998
    69. Financial Times Hot and Bothered over climate change - Despite some scientific doubts, efforts are being stepped up to combat global warming Houlder, V.,  31 October 1998
    70. Financial Times Blocks on the road to a climate deal - The Kyoto protocol was a remarkable achievement but the devil may prove to be in the detail Grubb, M., 2 November 1998
    71. Freestone, D. and Hey, E.(eds.) "The Precautionary Principle and International Law: The Challenge of Implementation" (Kluwer Law International, London, 1996)
    72. Gillies, D., "A Guide to EC Environmental Law" (Earthscan Publications Ltd., London, 1999)
    73. Gore, A., "Earth in the Balance" (Earthscan Publications, London, 1992)
    74. Greenpeace International: http://www.greenpeace.org/
    75. The Guardian Friday April 9 1999 US to Exploit Soviet 'hot air' http://www.guardianunlimited.co.uk/Archive/Article/0,4273,3851941,00.html
    76. Harris, D.J., "Cases and Materials on International Law" (Sweet & Maxwell, London, 1998)
    77. Hinrichsen, D., Our Common Future - A Reader's Guide
    78. International Covenant on Economic, Social and Cultural Rights (1966)
    79. Industrial Pollution Control (NI) Order 1997
    80. International Institute for Sustainable Development - South-North Knowledge Network on Climate Change http://iisd1.iisd.ca/climate/southnorthkn.htm
    81. International Institute for Sustainable Development - Countdown to Bonn summit november 1999 http://www.iisd.ca/linkages/climate/cop5/cop5timeline.html
    82. International Institute for Sustainable Development - The Road to COP 5 http://www.iisd.ca/linkages/climate/cop5/
    83. Intergovernmental Panel on Climate Change Summary for Policymaker: The Science of Climate Change, IPCC Working Group I (1995) http://www.totalinfo.net/enviro/law/sumwg1.htm (temporary internet address)
    84. Intergovernmental Panel on Climate Change Summary for Policymaker: The Science of Climate Change, IPCC Working Group II (1995) http://www.totalinfo.net/enviro/law/sumwg2.htm (temporary internet address)
    85. Intergovernmental Panel on Climate Change Summary for Policymaker: The Science of Climate Change, IPCC Working Group III (1995) http://www.totalinfo.net/enviro/law/sumwg3.htm (temporary internet address)
    86. Kerr, R.A., (1989), "Hansen vs. the world on the greenhouse threat" Science, 244, 2 June 1989
    87. Kimberly-Clark Caring for the Environment (Kimberly-Clark Limited, Kent, 1996) Paper products manufacturer company environmental policy. Tel: +44 (0)1622 616000
    88. Krämer, L. "European Environmental Law Casebook" (London, Sweet & Maxwell, 1993)
    89. Kyoto summit homepage: http://www.cop3.de
    90. Lenzen, M., "International Equity and Greenhouse Gas Emissions" (University of Sydney, Sydney, 1997) http://ledoux.arbld.unimelb.edu.au/envjust/papers/allpapers/lenzen/home.html
    91. Lottje, C., Climate Change and Employment in the European Union (Climate Network Europe, Brussels, not dated) Email canron@gn.apc.org
    92. Lynch, O.J. and Maggio, G. Human rights, Environment, and Economic Development: Existing and Emerging Standards in International Lawand  Global  Societyhttp://www.ipc.apc.org/ciel/olp3i.htmlhttp://www.ipc.apc.org/ciel/olp3ii.html , http://www.ipc.apc.org/ciel/olp3iii.htmlhttp://www.ipc.apc.org/ciel/olp3iv.html , http://www.ipc.apc.org/ciel/olp3v.htmlhttp://www.ipc.apc.org/ciel/olp3vi.html
    93. Montreal Protocol on substances that deplete the ozone layer Declaration by the European Economic Community OJ L 297 388 p.21 OJ L 297 31.10.88 p.8 amended by OJ L 377 31.12.91 p.30
    94. National Oceanic and Atmospheric Administration Climate of 1998 Annual Review National Climatic Data Center http://www.ncdc.noaa.gov/ol/climate/research/1998/ann/ann98rep.html
    95. Northern Ireland Electricity EcoEnergy - a practical way for you to help the environment (NIE plc, Belfast, 1999) Pay more to be environmentally friendly.
    96. President's Council of Sustainable Development http://www.whitehouse.gov/PCSD/Publications/index.html
    97. Press release: Preparing for implementation of the Kyoto Protocol  Brussels, 19 May 1999  Re: Commission Communication. Focus on European Union action required to slow current climate change trends and achieve the Kyoto target by end of period 2008 to 2012. http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=IP/99/333|0|RAPID&lg=EN
    98. Press release: Commission approves Danish environmental subsidy for the transport of goods by rail:    http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=IP/99/238|0|RAPID&lg=EN
    99. Potsdam Institute for Climate Impact Research (PIK) http://www.pik-potsdam.de/
    100. Radio discussion of Global Warming (expert guest) http://geosun1.sjsu.edu/~dreed/105d/npr/warming.htmlhttp://www.npr.org/ramfiles/970516.totn.02.ram
    101. RAPID - The Spokesman's Service of the European Commission http://www.europa.eu.int/rapid/start/welcome.htm
    102. Ratification of Vienna Convention at EU level: Vienna Convention for the Protection of the Ozone Layer OJ L 297 31.10.88 p.8
    103. Sands, P., (ed.) "Greening International Law" (London, Earthscan Publications Ltd. 1993)
    104. Sands, P. "Principles of International Environmental Law I - Frameworks, standards and implementation" (Manchester University Press, Manchester, 1994)
    105. Sands, P. and Tarasofsky, R.G., "Documents in European Community environmental law" (Manchester University Press, Manchester, 1995)
    106. Satellite Images of Environmental Change http://edcwww.cr.usgs.gov/earthshots/slow/tableofcontents
    107. Scott, J., "EC Environmental Law" (Longman, London, 1998)
    108. Shakespeare, W., "Hamlet" Act II, Scene 2
    109. Sidjanski, D.,"L'Avenir Fédéraliste de l'Europe", (Presses Universitaires de France, Paris, 1992)
    110. Simulation of Global Warming with the MRI Coupled Model http://www.mri-jma.go.jp/Dep/cl/cl4/GW/GW.html
    111. Some Sources for International Environmental Conventions http://www.greenpeace.org/~intlaw/othcon.html
    112. Susskind, L. E., "Environmental Diplomacy", (OUP, Oxford, 1994)
    113. Susskind, L. E., "The Weakness of the Existing Environmental Treaty-Making System"
    114. The Irish Times Managing the World's Climate Editorial April 8 1995
    115. The Irish Times Climatic confection full of hot-air McDonald, F., April 8 1995
    116. The Open University, "Environmental Control and Public Health - Air Quality Management" (The Open University, Milton Keynes 1993)
    117. Thomas, C.,"The Environment in International Relations", (The Royal Institute of International Affairs, London, 1992)
    118. Turner, S., and Morrow, K., "Northern Ireland Environmental Law" (Gill & MacMillan, Dublin, 1997)
    119. Turner, S., and O'Shea, J., Taxes as Tools of EC Environment Policy: The Case of the Carbon/Energy Tax Irish Journal of Taxation (1996)
    120. United Nations Environment Programme: http://www.unep.ch ; http://www.unep.ch/iuc/submenu/begin/beginner.htm; http://www.unep.ch/iuc/submenu/infokit/factcont.htm
    121. UNEP Speech 1996/25 Ms. Elizabeth Dowdeswell, Executive Director, United Nations Environment Programme at the Fourth Conference of the Parties to the Vienna Convention and the Eighth Meeting of the Parties to the Montreal Protocol, San Jose, 25 November 1996. From ftp://ftp.un.org
    122. United Nations Environment Programme - Trade and the Environment http://www.unep.ch/trade.html
    123. United Nations Framework Convention on Climate Change (text of) http://www.unfccc.de/fccc/conv/conv.htm
    124. United Nations Framework Convention on Climate Change - Geneva homepage: http://www.unfccc.de/fccc/cop2/copfile.htm
    125. UN General Assembly res.3201 (1974)
    126. United Nations International Covenant on Civil and Political Rights (1966)
    127. United Nations Universal Declaration of Human Rights (1948)
    128. http://www.washingtonpost.com/wp-srv/WPlate/1998-12/08/064l-120898-idx.html
    129. Waite, A., (ed.) "Butterworths Environmental Law Handbook" (Butterworths, London, 1994)
    130. Warr, K., & Smith S., "Science Matters - Changing Climate" (The Open University, Milton Keynes, 1993)
    131. Weathervane: Resources For the Future's Digital Forum on Global Climate Policy http://www.weathervane.rff.org/  This site contains a dozens of useful articles relating to global warming and public policy.
    132. Weiss, E.B., International Environmental Law: Contemporary Issues and the Emergence of a New World Order Georgetown Law Journal pp.675-710 1993
    133. World Commission on Environment and Development Our Common Future, (Oxford University Press, Oxford, 1987)
    134. World Resources Institute, Top Ten Greenhouse Gas emitters: http://www.wri.org/wri/enved/trends/atm-10e.html
    Thank you to the following individuals:

    Ramón Jiménez Fraile, Council of the European Union, General Secretariat
    Mr. John Minnis, Environmental Health Officer, Belfast City Council
    Marie-Anne Pauwels, DG11
    Maria Roussos, DG11
    Martine Sach, DG11
    Ursula Schleicher, MEP (D)
    Mr. Gary Sims, Environmental Impact Assessor, PDA Environmental, Belfast
     
     

    ANNEX A

    DG XI MISSION http://europa.eu.int/comm/dg11/mission_en.htm

    "DG XI stands for:

    A high level of environmental protection

    Improvement of the quality of life

    Increased environmental efficiency

    Preservation of the rights of future generations to a viable environment

    Ensuring equitable use of our common environmental resources"
     
     

    EU Ad Hoc Group on Climate

    "The Ad Hoc Group on Climate has undertaken a programme of work on "EU Common and Co-ordinated Policies and Measures"

    Policies relating to all sectors of the EU economy and the major greenhouse gases (GHGs) were identified:

  • Renewable energy programmes
  • Programmes regarding CHP, energy efficient improvements in the transformation sector and fuel switching
  • Energy efficiency standards and/or improvements in appliances
  • Energy efficiency in buildings
  • Fuel efficiency improvement and CO2 emission reductions from passenger and freight vehicles
  • Energy efficiency improvement and GHG emission reduction in heavy industry and large combustion plants
  • Limitation of emissions of HFCs, PFCs and SF6
  • Reduction of CH4 (methane) emissions from landfills and other sources
  • N2O emission reductions in the chemical industry
  • Progressive reduction/removal of fossil fuel and other subsidies, tax schemes and regulations which counteract energy efficiency
  • Increase of minimum tax levels as a way to reduce GHG emissions and to improve energy efficiency
  • Modal switch in transportation"


    • Communication from the Commission to the Council and the European Parliament - Climate change - Towards an EU post-Kyoto strategy COM(98) 353 final http://europa.eu.int/scadplus/leg/en/lvb/l28074.htm

    "7. The Kyoto Protocol allows for the use of various flexible mechanisms: international emissions trading, Joint Implementation and the Clean Development Mechanism,.

    International emissions trading allows Parties to the Protocol who reduce emissions below their assigned amount to sell part of their emission allowance to other Parties. Emissions trading within the EC in the context of the "EC bubble" permits the burden to be shared between the Member States. Nevertheless, the Community must coordinate the actions of the Member States and harmonise the trading system in order to protect the internal market and avoid any distortion of competition.

    Joint implementation is a specific form of emissions trading which makes it possible to reduce emissions even further in the context of a particular project. Those reductions can be used to increase the emission allowance of the Party financing the project, while the emission allowance of the Party where the project is carried out would be reduced.

    The Clean Development Mechanism is based on projects which do not have quantified commitments. The emission reductions must therefore be certified by independent agents.

    8. The existence of a monitoring mechanism is vital to assess progress towards meeting the quantified targets under the Kyoto Protocol. The revised monitoring mechanism for greenhouse gases will enter into force in 1999."
     
     

    ANNEX B





    HIP Petrohemija Pancevo (oil refinery), Serbia, burning, releasing toxics into the environment. (Copyright Lycos.com) Wars and conflicts add to global warming. Policy decisions behind war rarely prioritise environmental concerns.
     
     

    ANNEX C

    New York Times Internet Archive on Global Warming
    (free password may be required)

    1. The New York Times: Around the Globe, Big Worries and Small Signs of Progress http://www.nytimes.com/library/national/120197roundup.html
    2. The New York Times: Cost Uncertainties Delaying Action on Global Warming Policy http://www.nytimes.com/library/national/120197warming-policies.html
    3. The New York Times: U.S. Gas Output Is Rising http://www.nytimes.com/library/national/120197emit.html
    4. U.S. Signs a Pact to Reduce Gases Tied toWarming http://www.nytimes.com/library/world/global/111398us-global-warming.html
    5. If Climate Changes, Who Is Vulnerable? Panels Offer Projections http://www.nytimes.com/library/national/120197warming-regions.html
    6. The New York Times: Global Warming http://www.nytimes.com/library/national/warming-index.html
    7. U.S. Signs a Pact to Reduce Gases Tied to Warming  http://search.nytimes.com/search/daily/bin/fastweb?getdoc+site+site+33656+6+wAAA+global%7Ewarming
    8. The New York Times: The Global Warming Archive  http://search.nytimes.com/search/daily/bin/fastweb?getdoc+site+site+25444+8+wAAA+global%7Ewarming
    9. El Niño Accelerates Global Warming Trend, New Analysis Shows http://search.nytimes.com/search/daily/bin/fastweb?getdoc+site+site+33537+7+wAAA+global%7Ewarming
    10. Auto Makers See Nothing but Trouble in a Warmer World http://search.nytimes.com/search/daily/bin/fastweb?getdoc+site+site+61129+5+wAAA+global%7Ewarming
    11. Experts on Climate Change Ponder: How Urgent Is It? http://search.nytimes.com/search/daily/bin/fastweb?getdoc+site+site+25442+9+wAAA+global%7Ewarming
    12. Clinton and Global Warming: Struggling to Scare a Contented World http://search.nytimes.com/search/daily/bin/fastweb?getdoc+site+site+64021+2+wAAA+global%7Ewarming
    13. Cushioning the Shock of Global Warming http://search.nytimes.com/search/daily/bin/fastweb?getdoc+site+site+64139+1+wAAA+global%7Ewarming
    14. EPA Chief Not Backing Down on Air Standards http://www.nytimes.com/yr/mo/day/early/060197epa-air-quality.html
    15. Crackdown on Pollution by Vehicles  http://www.nytimes.com/yr/mo/day/early/050299epa-emissions.html
    16. The New York Times: Environment and Industry: Clashing Views on the Kyoto Talks http://www.nytimes.com/library/national/120197debate.html
    17. Federal Court Voids New E.P.A. Air Quality Standards http://www.nytimes.com/yr/mo/day/late/ap-clean-air.htm


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