CC BY
14LEGAL AND POLITICAL SCIENCE
L EGISLATING CLIMATE CHANGE ON A NATIONAL
LEVEL
Kraskovska Anastasiia
Ph.D. candidate of the department of Political Sciences "Jean Monnet",
Second University of Naples, Caserta, Italy
Abstract. The purpose of any environmental approximation in the field of environmental legislation, and especially for the climate change mitigation, is the fight against environmental degradation and influences lives of all human beings all over the world. Worldwide emissions cannot be curbed to the extent required without meaningful contributions from all major economies. The international community's response to climate change has therefore, quite rationally, focused on globally coordinated collective action. National legislation is as critical to combating climate change as a successful international agreement. International commitments have little meaning unless they are underpinned by legislative action at the national level.
More subtly, national legislation can alter the dynamics at the international level. Domestic debate can help to advance national positions and give leaders the confidence to go further in the formal UN negotiations. These dynamics are particularly important at a time when international progress is slow.
Domestic legislation helps to demonstrate that emissions reductions are possible and cost-effective. By moving together and in a consistent fashion, legislators can multiply the benefits of moving to a low carbon economy and, at the same time, minimize competitive distortions. Policymakers are increasingly aware of the correlation between countries with clear, long-term legislative responses to climate change and significant levels of inward investment in clean energy.
The basic regulations on the governmental and regional levels in major world economies and a process of implementation of national environmental legislation are investigated in the article.
Keywords: approximation strategy, climate change, policy regulations, implementation of directives, environmental legislation.
Climate change - one of the main problems that mankind has ever had to deal with. Its effects will only intensify over time if they are not stopped. As stated in IV Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) - Climate change is a threat to economic growth and long-term development and survival of the most vulnerable groups. [2]
IPCC projections demonstrate that if emissions grow at the current pace, they actually will double compared to pre-industrial levels. This will lead to the fact that in this century the world will face an increase of average temperature at about 3 ° C. And then we will have irreversible consequences: rising sea levels and increased frequency and intensity of extreme weather events -hurricanes, floods and droughts.
To curb global temperature increase and the corresponding climate change impacts at the lowest possible level the significant reduction of greenhouse gases in the atmosphere is obligatory. The transition to a society with low emissions requires a reorientation of global economic growth trends [1].
National environmental legislation is crucial to support the political conditions necessary for international cooperation, in particular for a post-2020 agreements and deals. Only when countries are already taking the necessary action, underpinned by domestic legislation, they will be in a position to sign up to the commitments and actions needed within the framework of the global transaction.
The most significant international documents for climate change mitigation are the United Nations Framework Convention on Climate Change (UNFCCC), the Copenhagen Accord, COP-17 Durban Platform for Enhanced Action ("Durban Platform"), the COP 21 Agreement, etc. The priorities for climate financing according to these agreements are renewable energy, natural disaster aid, and building resilience in developing nations. [3]
The Paris Agreement deserves a special attention because it is the first time in history that almost 200 countries finally agreed on a common goal of limiting global temperature increase. It sets out a process under which Parties will determine their contributions to the goal, and their national commitments will be reviewed every five years. Beyond the UNFCCC process and minilateral forums like the MEF and G20, the implementation of projects, is also spread across international institutions like the United Nations Environment Program (UNEP), the Global Environment Facility (GEF), the United Nations Development Program (UNDP), and the World Bank. [4]
For the climate change legislation analysis we have chosen 12 major world economies: Brazil, China, Canada, India, Japan, Mexico, Russia, United Kingdom, United States, Indonesia, South Africa and the European Union. The analysis is based on existing laws, regulations, policies, and other national documents that relate to climate change, energy efficiency, low-carbon energy, sustainable transport, forestry management, or adaptation to climate change.
It is worth mentioning that some of the most encouraging developments take place in the emerging economies of Brazil, China, India, and Mexico. Brazil already has a very low-carbon energy mix—it gains most of its electricity from hydropower and relies heavily on bio-ethanol—and is now beginning to tackle its main source of greenhouse gas emissions: deforestation [10]. China has released its 12th Five Year Plan, which includes specific targets to help meets its goal of reducing the carbon intensity of gross domestic product by 40 to 45 percent from 2005 levels by 2020. India has set up an Expert Group on Low Carbon Strategy for Inclusive Growth. [5]
The first law referring specifically to climate change was passed in 1998 by Japan (the Law Concerning the Promotion of Countermeasures to Cope with Global Warming), but the vast majority of legislation relating to climate change has been introduced since 2008. In the majority of countries it is possible to identify "flagship" legislation: a key piece of legislation through which lawmakers have attempted to put their stamp on climate change policy (Table 1). These are often integrative laws that bring together the various strands of preexisting and new climate change regulation under one legislative umbrella, as has occurred in Brazil, France, and the United Kingdom. In China and India, the five-year plans serve a similar purpose. [10]
Implementation of the larger number of more narrow laws that contain specific policy measures to increase energy efficiency, promote renewable energy, or reduce greenhouse gas emissions is also equally important on the level of national environmental legislation.
Table 1. Flagship Legislation [10]
Country Title of the document Main purpose Year
Brazil National Policy on Climate Change (NPCC) The NPCC is based on Brazil's international commitment with the UNFCCC and incorporates all previous related government instruments (i.e., the National Plan on Climate Change, the National Fund on Climate Change, and others). 2009
Canada Kyoto Protocol Implementation Act The purpose of the act is to ensure that Canada takes effective and timely action to meet its obligations under the Kyoto Protocol. 2007
China National Climate Change Programme 2007 This program focuses on five key areas: greenhouse gas (GHG) mitigation; adaptation; science and technology; public awareness; and institutions and mechanisms. Measures include strengthening the existing energy legal system, improving the national energy program, implementing the Renewable Energy Law, promoting favorable conditions for renewable energy development and GHG mitigation, stimulating energy price reform, optimizing the energy mix, and promoting innovation and efficiency improvements in various power-generating technologies (renewable and nonrenewable), including nuclear power. 2007 (revised in 2008 and 2009)
European Union Climate and Energy Package (CARE) The core of the package comprises four pieces of complementary legislation: revision and strengthening of the EU Emissions Trading Scheme (ETS); effort sharing: reducing GHG emissions fairly, taking into account the relative wealth of the EU Member States; a common framework for the production and promotion of energy from renewable sources; and a legal framework for the environmentally safe geological storage of CO2. 2008
United Kingdom Climate Change Act The Climate Change Act provides a long-term framework for improving carbon management, promoting the transition to a low carbon economy, and encourages investment in low carbon goods. It includes specific emissions reduction targets (at least 80 percent reduction from 1990 levels by 2050) and creates five-yearly carbon budgets. 2008
India National Action Plan on Climate Change (NAPCC) India's NAPCC outlines existing and future policies and programs directed at climate change mitigation and adaptation. The plan sets out eight "national missions" running up to 2017. 2008
Table continuation
Russia Climate Doctrine The doctrine sets strategic guidelines for the development and implementation of future climate policy, covering issues related to climate change and its impacts. It focuses on the improving research to better understand the climate system and assess future impacts and risks; developing and implementing short- and long-term measures for mitigation and adaptation; and engagement with the international community. 2009
Indonesia Presidential Regulation on the National Council for Climate Change (NCCC) The council coordinates climate change policymaking. It is composed of 17 ministers and chaired by the president. The NCCC is assisted by the following working units: adaptation; mitigation; transfer of technology; funding; post-2012; and forestry and land use conversion. 2008
Japan Law Concerning the Promotion of Measures to Cope with Global Warming This law establishes the Council of Ministers for Global Environmental Conservation; develops the Kyoto Achievement Plan; and stipulates the establishment and implementation of countermeasures by local governments. 1998 (amended 2005)
Mexico Inter-Secretariat Commission on Climate Change; Law for the Use of Renewable Energies and for the Finance of the Energy Transition (LUREFET) The commission is responsible for coordinating national policies for climate change mitigation and adaptation. LUREFET seeks to reduce Mexico's dependence on hydrocarbons by promoting renewable energy sources and clean technology for electricity generation. It also establishes the National Strategy for the Energy Transition and Sustainable Energy Use and the Energy Transition Fund. 2005 and 2008
South Africa Vision, Strategic Direction and Framework for Climate Policy The policy is the basis of the draft "Zero" Climate Change Policy, to be converted into law by 2012. The document results from a public consultation process with civil society and business and is based on the findings of the Long-Term Mitigation Scenario Process (LTMS) on Climate Change. The policy proposes action in the following areas: GHG emission reductions; intensification of current initiatives; "business unusual" call for action; preparing for the future; vulnerability and adaptation; and alignment, coordination, and cooperation among stakeholders. 2008
United States Executive Order 13514: Federal Leadership in Environmental, Energy and Economic Performance; American Recovery and Reinvestment Act. Executive Order 13514 makes GHG emission management a priority for federal agencies and establishes reporting requirements with detailed targets and deadlines. The focus is on transportation, overall energy use, and procurement policies. All federal agencies are required to develop, implement, and annually update a "Strategic Sustainability Performance Plan" that prioritises agency actions based on life-cycle return on investment The American Recovery and Reinvestment Act authorizes a stimulus package that supports new and existing renewable energy and energy efficiency programs to the value of USD 18.6 billion. 2009
The passage of climate change legislation has often been linked to a major international event in the country, which put countries into a position of international leadership.[10] Perhaps a desire to advance the climate change agenda results simultaneously in domestic action and a willingness to provide international leadership. The prestige that comes with hosting the UN negotiations or major international event, and the desire to demonstrate credible leadership have encouraged and helped to facilitate the mentioned domestic action.
It is worth mentioning that EU is an interesting variation on this theme. Here the clear desire to show leadership was primarily inward-looking with the motivation, at least in part, to use climate change as a way to advance "project Europe," giving the EU a new, environmental purpose and "green
growth" vision for the 21st century. However, the EU's internal ambition also carried over into the international stage, with a clear desire to position the EU as a climate change leader.
The international climate change architecture is target-oriented and science-based. The flagship laws in most of the countries tend to be centered on medium- or long-term emissions reduction targets. [10] Industrialized countries usually bind absolute emission reduction targets. In developing countries, the emissions objectives are generally more aspirational and often relate to intensity or efficiency (e.g., the carbon and energy intensity targets in China and India), reflecting the principle of "common but differentiated responsibility" enshrined in the UNFCCC. Others focus on emissions pathways relative to business as usual (BAU).[6]
Some countries have taken a different approach: the United States and Germany have focused on a technology-based approach, which includes incentives for the promotion of new renewable and low-carbon energy technologies. [9]
Sector priorities tended to differ between countries, and they often reflected the main emissions sources in the country. Renewable energy and, in particular, energy efficiency featured prominently and are covered in legislation, to varying degrees, in all countries.[10] Table 2 summarizes the coverage of legislation in the study countries, including identifying the main focus (M = Main Focus; X = Detailed Coverage; O = Some Coverage).
While most countries have provisions on renewable energy, their approaches range from feed-in tariffs to renewable energy standards, subsidies, and tax credits.
Table 2. Coverage of Legislation [10]
Country Pricing carbon Energy efficiency Renewable energy Forestry Other land use Transport Adaptation
Brazil X X X M X X O
Canada O M O X X X O
China O M X X X X X
European Union M X X O O X O
India O M X X X X X
Indonesia X X X M X X X
Japan X M X X X X X
Mexico X X M X X O O
Russia O M O O O O X
South Africa X X M O O X X
United Kingdom M X X O O X O
United States O X M O O X O
Education features in legislation and policy in Brazil, China, France, Indonesia, the United Kingdom, and elsewhere, recognizing the importance of a well-informed public to maximize buy-in. [10] Many countries have set up new institutions or cross-governmental committees to oversee climate policy:
- Brazil - Inter-ministerial Committee on Climate Change;
- China - National Coordination Committee on Climate Change;
- India - Council on Climate Change, chaired by the prime minister;
- Indonesia - National Council for Climate Change, chaired by the president;
- Mexico - Inter-Secretariat Commission on Climate Change. [11]
These initiatives demonstrate the seriousness with which climate change is taken and the necessity to coordinate climate change policy across ministerial portfolios. In the UK, EU and Brazil, flagship legislation was passed with support from the majority of the major political parties, including in many cases those not in government.[1]
The lead parliamentary committee through which legislation was processed often reflected the primary motivation for the legislation. In Russia the responsibility for climate legislation was combined with that for natural resource management. In South Africa parliamentary oversight rests with the Committee on Water and Environmental Affairs. The United Kingdom created a new governmental Department of Energy and Climate Change. In addition, the cross-departmental Environmental Audit Committee keeps a close eye on climate change policy implementation in the larger setting of sustainable development. [7]
Environmental responsibility can be spread across committees or even several interest groups for the accommodation of a broader scope of climate change legislation, or lead was taken by committees with an environmental remit. In Brazil, the lead committee was a specially formed Mixed Committee on Climate Change, while in the United States the Committee on Energy and Commerce was the lead in the
House of Representatives, with six committees sharing jurisdiction in the Senate (Energy and Natural Resources; Environment and Public Works; Foreign Affairs; Finance; Agriculture; and Commerce). [11]
Committees with an environmental remit have been created in Canada (Environment Committee), China (National Peoples Congress Committee on Environment Protection and Resources Conservation), the EU (Committee on Environment and Public Health) and Italy (Senate Environment Committee). [8]
These bodies also have a major role to play in providing transparency, oversight, and accountability to climate policies. The credibility and success of both existing and forthcoming legislation will depend crucially on the ability of parliaments to provide independent scrutiny and ensure delivery.
Conclusion. Domestic environmental legislation in the field of climate change mitigation is critical because brings together and unites the real action on the ground and the scope of international agreements. When countries develop and implement a variety of basic clean energy policies, investment follows. Also it should be mentioned that domestic legislation opens the political space for international agreements and facilitates overall ambition.
Survey of climate change legislation paints a relatively encouraging picture. Climate change mitigation actions on a national level include specific legislation in all of the major economies. Even though governmental approach may be different, according to national priorities and circumstances, main aims remain same - to reduce greenhouse gas emissions and mitigate the impacts of climate change. Given the projected increase in emissions, economic activity, and population, it is encouraging that much of the legislative activity is taking place in the larger developing countries.
Many improvements and developments yet need to be done all over the globe. The implementation of the national climate laws now must be closely monitored. Governments must increase transparency, parliamentarians must improve the effectiveness of their scrutiny function, and policy delivery will need to be strengthened. This will require strong political leadership and a constructive engagement with all stakeholders. Ultimately, domestic action must be translated into progress in the international negotiations. Stabilizing global warming at 2°C or less will not be possible otherwise.
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