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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?

Relevance of the topic

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

The actual objective of the sustainable development concept is balanced economic, social and environmental development and not defined solely in terms of economic growth. Sustainability policies in the climate change area have to be centred on the principles of equity and future justice, or how we can ensure that we have a future world to live in, without sacrificing the living standards of current generations, both developed and developing. The Office of the High Commissioner on Human Rights (OHCHR), in its March 2009 study on climate change and human rights. noted that climate change is a global problem that 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.

Thus, following on the right to development and taking into account 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 due to differential factors such as income, race, class, gender, capital and political representation, 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.

Climate Change Impact in 2050

The areas in red, mostly closer to the equator, will be affected the most. They include central South America, the Arabian Peninsula and most of Africa. Note that the United States and Europe are projected to have moderate-to-mild impact.

Furthermore, although the UN has recognised the category of environmental and climate refugees, they are not protected by international law and asylum systems, nor states in European Union, several of which are currently closing their borders to refugees and building fences. 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.

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 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. However, the climate change fight is useless if only developed countries reduce their emissions. Developing countries, especially the most advanced ones, need to take a part too. In fact the EU’s stance 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, as well as comparable between them.

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, would suggest that they have sought to cooperate. From another point of view, if the duty to cooperate requires solutions to the climate change problem, it could be regarded as a failure of countries to effectively cooperate the fact that the actual and impending consequences of climate change are increasing in intensity. In fact, it clearly shows the failure to arrive at a binding agreement providing for effective mitigation, adaptation and other climate measures.

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 binding as a matter of international law, unlike the ones in the Kyoto Protocol, and there is no enforcement if a set target is not met. This is due to a number of big emitting emerging economies - including China, India and South Africa - being unwilling to sign up to a condition that they felt could hamper their economic growth and development. 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.

Despite this, as you can see in Picture 2, the predictions are still that temperature will rise 2,7ºC by 2100 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 on whether a global power shift from fossil fuels in which fossil fuels would no longer be the cheaper fuel is the only way the global climate change threat could be truly addressed and tackled effectively.

Stakeholders

- European Union
- European Commission
- The United States of America - the second largest GHG’s emitter - In 2015, U.S. greenhouse gas emissions totaled 6,587 million metric tons of carbon dioxide equivalents - with Trump as the new president and his very well known support of the fossil fuel industries, as well as cynicism on climate change, will the US opt out of the Paris Agreement?
- Developing countries
- G20
- Climate vulnerable countries
- International court of justice
- Fossil Fuels' Industry

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. In order to achieve these goals the first step is the mapping exercise of external policies, and needs to be flanked by 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 that 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.

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 greenhouse gas 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.

The Conference of the Parties (COP) is the supreme decision-making body of the Convention. 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. 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 approach 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.

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. 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.

The Organisation for Economic Co-operation and Development (OECD) promote 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. The OECD has issued a conservative estimate that its member states give the fossil fuels' industry support worth $160-200bn each year. 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.

The European Commission has developed the 2050 low-carbon roadmap, that aims to cut greenhouse gas emissions to 80% below 1990 levels. 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.

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.

Finally, in terms of international cooperation, besides being a key supporter of climate action, international treaties and promoter of international cooperation through funding and policies, the EU 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.

Conclusion

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