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Climate Justice: Keeping the right to development in mind, how can the EU exercise its soft power to ensure a global commitment to tackle climate change, whilst safeguarding the rights of those affected most by its consequences?

In August 2013 floods inundated up to one fifth of Pakistan and affected an estimated 20 million people.^[1] In 2014, at least 14 extreme weather events were caused by human-induced climate change, including a deadly snowstorm in Nepal and a heat wave in Argentina that crashed power supplies. ^[2] Climate change is affecting the life of millions with extreme weather events, thereby threatening basic human rights. Coordinated and efficient International Cooperation are key to minimize human influence on climate, as well as to help developing countries - who are affected the most by climate change - to deal with the economical and social damage of climate change.

Relevance of the topic

Greenhouse gas (GHG) emissions have increased dramatically, primarily due to the use of fossil fuels, thus causing an increase in Earth’s average temperature. The impact of this unprecedented warming – including floods, droughts, rising sea levels, spread of diseases such as malaria and dengue fever – are to be more severe and imminent than previously believed and threaten fundamental human rights, such as the right to life, health, water, food, shelter, work and self-determination. In fact, vulnerable groups, including women - which account 80% of global climate refugees -, children, disabled and indigenous peoples, are particularly at risk.

Sustainable Development is defined as the development that assists the needs of today without compromising the ability of the future generations to meet their needs. This definition is based on two key concepts – the needs of the poor and those who can not provide for basic living standards by themselves; and the limitations to meet those needs as a result of the environment, political and social circumstances and technologic advances. Sustainability policies in the field of climate change need to be centred on the principles of equity and future justice.

The actual objective of the sustainable development concept is balanced economic, social and environmental development for both developed and developing countries and should be addressed as a global problem that includes much more variables than economic growth. The Office of the High Commissioner on Human Rights (OHCHR), in its March 2009 study on climate change and human rights.^[3] noted that climate change can only be effectively addressed through international cooperation, as it affects disproportionately poorer countries with the weakest ability to protect their citizens. It also emphasizes States’ obligations under international human rights law and the right to development, proclaimed by the United Nations (UN) in the Declaration on the Right to Development, to protect individuals whose rights are affected by the impacts of climate change or by policies to address climate change. Yet, so far, governments and international cooperation have been unsuccessful in solving the climate change issue.

It is also important to take into account the historycal responsability that arises due to the disproportion of both GHG emissions, that are and were historically mostly emitted by developed countries, and the fact that most of the consequences are being undertaken by developing nations. Even though climate change affects every country and will impact the lives of everyone, developing countries are mostly affected because of differential factors such as income, race, class, gender, capital and political representation. Thus, following on the right to development arises the concept of climate justice and of common but differentiated responsibilities, which is central to the climate change regime.

Key Conflicts

The idea that climate change is solely an environmental issue misses the bigger picture - climate change represents and perpetuates power imbalances across the world. The industrialised nations of the Global North emit about 80% of global greenhouse gases, while developing nations from the Global South face the worst impacts. In fact, global warming poses a threat to some southern vulnerable countries’ survival - rising sea levels will contaminate the drinking water, agriculture, infrastructure and threaten biodiversity in the coastal areas, making some uninhabitable. It is even predicted that entire cities could flood, including Rotterdam and Sydney. Some islands in Africa, Asia and South America are facing the risk of disappearing under water. The regions that will be most affected by the rising sea levels are east, south east and south Asia.^[4]

So, the debate centers on the obligation of industrialized states - due to historical responsibility - and international organizations to provide development assistance to developing countries and to invest in energy proportionate to what they emit and use. The current controversy also focuses on the process of globalization, including the right and possibility of equal participation of developing countries in that process, and its relation to human rights. A number of big emitting emerging economies are unwilling to sign up to a condition that they feel can hamper their economic growth and development. However, the climate change fight is difficult if only developed countries reduce their emissions. Developing countries, especially the most advanced ones, need to take a part too. For example, the four largest developing nations - Brazil, Russia, India and China (also called the BRIC’s) - with a combined population of 3 billion people, will have a huge impact on the future of climate change.

Climate Change Impact in 2050

Furthermore, the UN has recognised the category of environmental and climate refugees. In 2009, 36 million people were displaced by natural disasters. This number is predicted to rise to at least 50 million by 2050. In spite of that, environmental refugees are not protected by international law or asylum systems. The criteria by which refugees are classified defines a refugee as a person who, owing to a well-founded fear of persecution on the basis “of race religion, nationality,” or “membership of a particular social or political group,” has fled his or her homeland. For this reason, climate refugees are generally denied protection under the existing international framework.^[5] This criteria is based on the 1951 Refugee Convention and thus international action towards broadening the scope of the term "refugee" seems like a logical solution to the protection gap.

Developing countries lack the resources to address this new environmental and social threat that is climate change. Least developed countries are especially vulnerable, since their budget is stretched to meet basic needs, such as access to food, water, and housing. Also among the southern countries we see sigificant differences when it comes to targeting climate change. For instance, the priorities of the Alliance of Small Island States are taking a different path to that of most of the least developed countries because they are most at risk of being affected by the rising sea levels. They demonstrated progressive initiative in striving for legally-binding emissions reduction targets and financing whereas the majority of least developed countries has been stuck in a rhetoric of mistrust and historical responsibility at the expense of negative-sum results.

Evaluating the effectiveness of international cooperation in addressing climate change is a complex undertaking. From the one perspective, the fact that countries are implementing the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Paris Agreement, three major international treaties on the topic, on a gobal scale would suggest that they have sought to cooperate. From another point of view, however, as soon as the cooperation requires effective solutions to the climate change problem, it could be regarded as a failure of countries to effectively cooperate the fact that the both the predictions and the actual consequences of climate change are increasing in intensity.

Average warming projected for 2100

Among the criticism made to the more recent Paris Agreement is the fact that the contribution that each individual country should make in order to achieve the worldwide goal is determined by all countries individually. Also, the country's emissions targets themselves are not legally binding, unlike the ones in the Kyoto Protocol. Neither are punitive measures in place in case of non-compliance.^[6] However, the regular review and submission of emission reduction targets will be binding and so too will the $100 billion fund from developed economies to help emerging and developing nations decarbonise their energy mix. The funding will come from public and private, bilateral and multilateral, and alternative sources of finance with the ultimate goal of meaningful mitigation action and transparent implementation by developing countries.^[7]

Despite this the predictions are still that temperature will rise 2,7ºC by 2100^[8] even if all the Paris Agreement conditions are met, which is well above the 2ºC threshold. This calls for further measures and raises the question whether a global power shift in which fossil fuels would no longer be the cheaper fuel is the only way the global climate change threat could be tackled effectively.

Stakeholders

Even though the EU and the United States of America are often seen as “the West” and in many levels share a set of common values and ideas, when it comes to climate justice, their ideas and policies vary widely. With the USA being the second largest GHG’s emitter - In 2015, U.S. greenhouse gas emissions totaled 6,587 million metric tons of carbon dioxide equivalents – and with Trump's very well-known support of the fossil fuel industry and the recent drop out of the Paris Agreement, the USA environmental policy could severely weaken the chances of mitigating climate change.

On an International level, the Conference of the Parties (COP) is the supreme decision-making body of the UNFCCC. All States that are Parties to the Convention are represented at the COP. They review the implementation of the Convention and any other legal instruments and take decisions necessary to promote the effective implementation of the Convention, including institutional and administrative arrangements.

The Organisation for Economic Co-operation and Development (OECD) promotes policies that will improve the economic and social well-being of people around the world. One of its main focuses is to foster and support new sources of growth through innovation, environmentally friendly ‘green growth’ strategies and the development of emerging economies.^[9] The OECD has issued a conservative estimate that its member states give the fossil fuels' industry support worth $160-200bn each year.^[10] Another major international body on climate change is The Intergovernmental Panel on Climate Change (IPCC), responsible for assessing the science related to climate change.

On an European level, The European Economic and Social Committee is a consultative body of the European Union and has one specific institution that focuses on sustainability - the Sustainable Development Observatory. The Sustainable Development Observatory responds to the need for a coherent approach to sustainable development, including social, environmental and economic dimensions through hearings, conferences, exchange of best practice, local workshops and actions and impact studies.

Other important stakeholders:

- European Commission
- Climate vulnerable countries
- G20
- International Court of Justice

Measures in Place

The UN 2030 Agenda for Sustainable Development comprising a set of 17 Sustainable Development Goals has entered into force in January 2016. It plans to end all forms of poverty, fight inequalities and tackle climate change. To achieve this it has established a set of 17 Sustainable Development Goals.

Furthermore, globally, three International Treaties to tackle climate change have been established. The United Nations Framework Convention on Climate Change (UNFCCC) has near universal membership and is the parent treaty of the Kyoto Protocol and the Paris Agreement. The ultimate objective of the treaties is to stabilize GHG's concentrations in the atmosphere at a level that will minimise dangerous human interference with the climate system - currently set in maintaining the temperature rise below 2 °C above pre-industrial levels. ^[11]

The UNFCCC also has an operating entity of the financial mechanism on an ongoing basis - The Global Environment Facility. This entity also manages two special funds established by the Parties: the Special Climate Change Fund; and the Least Developed Country Fund.^[12] Similarly and emphasizing the importance of monetary aid to the most affected countries by climate change, a number of international organizations are actively engaged in administering and/or operating climate change funds, including the United Nations Development Programme (UNDP), the United Nations Environment Programme (UNEP), and the United Nations International Strategy for Disaster Reduction (UN-ISDR). Also, a number of multilateral development banks have set up dedicated funds to address climate change. The EU is the largest contributor of climate financing and it still aims to scale up climate financing with the goal of 20% of its budget being spent on climate action by 2020. ^[13]

The European Commission has developed the 2050 low-carbon roadmap, that aims to cut greenhouse gas emissions to 80% below 1990 levels.^[14] The EU has set itself targets to put itself on the way to achieve the transformation towards a low-carbon economy as detailed in the 2050 low-carbon roadmap. These targets aim to reducing its greenhouse gas emissions progressively up to 2050. The roadmap sets out a cost-efficient pathway to reach the 80% target by 2050 through actions in all main sectors, concluding it is feasible and cost-effective in the long run, as long as innovation and investments are present.

Image 3 - Possible 80% cut in greenhouse gas emissions in the EU

The EU leaders have also established the 2020 climate and energy package in 2007, that have become legally binding under EU law in 2009. This package is meant to ensure that the EU meets its 2020 targets for energy and climate targets - 20% cut in GHG’s emissions, 20% renewable energy in the EU and 20% energy efficiency improvement. ^[15] Building on the 2020 climate and energy package, the EU has also established the 2030 climate and energy framework with the goal of approaching a low carbon economy - 40% cut in GHG’s emissions, 27% renewable energy in the EU and 27% energy efficiency improvement. ^[16]

Opportunities

Since this topic will be tackled in a EU perspective, it is crucial to define the EU's stance as well as the opportunities of using soft power to influence a truly global matter. Soft power refers to the ability of making a stance and a change through talk, external policies, culture and political debate; opposite to the use of hard power - force, coercion and using money as means of persuasion. The EU is a major stakeholder in the climate justice issue and must represent the moral values that it defends throughout all the process.

The use of soft power becomes especially relevant when it comes to the BRICs. How can the EU influence these economic powers that are still now deciding between fossil fuels or clean energy and human rights or economic growth? We must also take into account that the path the BRIC’s choose now will also influence the future of the countries that are going to be in the spotlight of development soon, such as Colombia, Nepal, Indonesia and the Balkan countries.

The EU’s stance on climate justice is that financial support to developing countries should be based on "low carbon development strategies" developed by them. These should set out which measures a country can take without additional financial and technical assistance. The European Commission also proposes that developed countries can contribute via the use of carbon crediting mechanisms and public funding. Public financial contributions should be based on emission levels and each country’s economic capability^[17].

In terms of international cooperation, the EU, besides being a key supporter of climate action, international treaties and promoter of international cooperation through funding and policies, contributes to fighting climate change at global level with both domestic action and international cooperation through policies, legislation and initiatives for more efficient use of less polluting energy, cleaner and more balanced transport options, more environmentally-friendly land-use and agriculture, more sustainable cities more climate-resilient communities and fewer emissions from all sectors of our economy.^[18]

In order to achieve the UN 2030 Agenda for Sustainable Development the first step is the mapping exercise of external policies. It also needs a detailed and comprehensive gap analysis and assessment in order to identify the real gaps that exist between current external policies and programmes and the future ones. The future ones should fully include, mainstream and integrate, in a balanced and fair way, the economic, social and environmental pillars of the 2030 Agenda. For this, the EU needs to make civil society organisations in third countries real partners in the implementation of the Sustainable Development Goals. The European Commission has drafted a document establishing the priorities, policies, funds and other actions cover all Sustainable Development Goals and making sure they provide a significant contribution to their implementation, both within the EU and through EU external action.

COP 22 took place in Marrakech in 2016 and marked the transition from the main discussion being developing the Paris Agreement to how to better implement it. COP 23 will take place in Bonn in November 2018 and will for sure debate the best international approach to dealing with the opting out of the Paris Agreement by the United States of America and the future of the Agreement. What should the EU's stance be in COP 23?

Conclusion

The planet's average surface temperature has risen 1.1 degrees Celsius and global sea level rose about 20 cm since the late 19th century. The earth’s climate is changing at an unprecedented rate and the consequences have started to show worldwide.^[19] People are being forced to leave their homes, losing their lives and more and more human rights are being threatened due to climate change, especially minorities’.

The EU has had a historically valuable role in the climate justice fight, with its groundbreaking policies, conferences, research support, external policies and monetary aids. However, how far can the EU impact the reality of climate change whilst other developed countries, like the USA, turn its back to their historical duties to the rest of the world? How far can the EU impact climate change whilst safeguarding the right to development of developing countries? What are the next steps to be taken to achieve a greener world and how can the EU help reach it through domestic policies and soft power?

Questions

Can the EU fight climate change within the existing framework?

Should the EU seek to achieve its climate goals through its other policies, e.g. international trade or human rights?

Can we set climate and energy targets for the technologies of the future?

What should the EU stance in the COP23 in Bonn in November 2017 be, taking into account the recent opt out of the Paris Agreement by the USA?

Relevant Links

- Article “Five ways to achieve climate justice”, retrieved from: https://www.theguardian.com/sustainable-business/2015/jan/12/achieve-climate-justice-human-rights

- Article “COP21: What does the Paris climate agreement mean for me?”, retrieved from: http://www.bbc.com/news/science-environment-35092127

- Article “Vulnerable nations call on G20 to end fossil fuel subsidies by 2020”, retrieved from: http://www.climatechangenews.com/2017/04/24/vulnerable-nations-call-g20-end-fossil-fuel-subsidies-2020/

- Article “Africa speaks up on climate change”, retrieved from: https://www.boell.de/de/node/270716

- Article “Climate change cooperation with non-EU countries”, retrieved from: https://ec.europa.eu/clima/policies/international/cooperation_en

- Article "How climate change battles are increasingly being fought, and won, in court", retrieved from: https://www.theguardian.com/environment/2017/mar/08/how-climate-change-battles-are-increasingly-being-fought-and-won-in-court

1. ↑ "5 natural disasters that beg for climate action", retrieved from: https://www.oxfam.org/en/campaigns/5-natural-disasters-beg-climate-action#
2. ↑ "Half of Weather Disasters Linked to Climate Change", retrieved from: http://news.nationalgeographic.com/2015/11/151105-climate-weather-disasters-drought-storms/
3. ↑ [1], “Report of the Office of the United Nations High Commissioner for Human Rights on the relationship between climate change and human rights”, retrieved from: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G09/103/44/PDF/G0910344.pdf?OpenElement.
4. ↑ "Sea-Level Rise and Impacts in Africa, 2000 to 2100. Application of the DIVA model to Africa.", retrieved from: https://www.weadapt.org/knowledge-base/economics-of-adaptation/impacts-of-sea-level-rise-in-africa
5. ↑ "Climate Refugees: Exposing the Protection Gap in International Law", retrieved from: http://climate.org/wp-content/uploads/2016/08/Kamali-Climate-Refugees.pdf
6. ↑ Article “What Does the Paris Agreement Mean for Climate Resilience and Adaptation?“, retrieved from: http://www.wri.org/blog/2015/12/what-does-paris-agreement-mean-climate-resilience-and-adaptation
7. ↑ Article “Financing Adaptation”, retrieved from: https://ec.europa.eu/clima/policies/adaptation/financing_en
8. ↑ Article “COP21: What does the Paris climate agreement mean for me?”, retrieved from: http://www.bbc.com/news/science-environment-35092127
9. ↑ "The Organisation for Economic Co-operation and Development", retrieved from: http://www.oecd.org/about/
10. ↑ Article “Vulnerable nations call on G20 to end fossil fuel subsidies by 2020”, retrieved from: http://www.climatechangenews.com/2017/04/24/vulnerable-nations-call-g20-end-fossil-fuel-subsidies-2020/
11. ↑ "United Nations Framework Convention on Climate Change", retrieved from http://newsroom.unfccc.int/ )
12. ↑ "The Global Environmental Facility", retrieved from: http://www.thegef.org/about-us
13. ↑ Article “Financing Adaptation”, retrieved from: https://ec.europa.eu/clima/policies/adaptation/financing_en
14. ↑ "2050 low-carbon roadmap", retrieved from: https://ec.europa.eu/clima/policies/strategies/2050_en
15. ↑ "2020 climate & energy package", retrieved from: https://ec.europa.eu/clima/policies/strategies/2020_en
16. ↑ "2030 climate & energy framework", retrieved from: https://ec.europa.eu/clima/policies/strategies/2030_en
17. ↑ "Climate action", retrieved from: https://ec.europa.eu/clima/policies/international/cooperation_en
18. ↑ "Adaptation to climate change", retrieved from: https://ec.europa.eu/clima/policies/adaptation_en
19. ↑ Article "Climate Change, hw do we know?", retrieved from: https://climate.nasa.gov/evidence/