Abstract
Climate change is one of the environmental problems that endanger life on Earth today; this phenomenon has caused negative consequences on the planet that affect the well-being and safety of living beings, which constitutes a great concern for humanity. For these reasons, the international community has drawn up various treaties and legal regulations, bearing in mind that to counteract this phenomenon requires all countries' cooperation and participation through effective international response, following their responsibilities regarding the damage caused to society. However, they have not managed to reverse most of the environmental problems humanity suffers as countries have not ratified international conventions, being among the most polluting worldwide. The general objective of this chapter is to establish, based on a theoretical and legislative study, the need to adhere to the international law on climate change with a view to mitigation and adaptation to its effects on an international scale.
TopIntroduction
Environmental problems constitute a great problem in society; they are motivated by men, who tend to harm the environment. At present, many affect us; emphasizing our research on climate change as it is a recurring theme of great concern directly linked to human activity. Climate change may become the most complex and serious environmental problem of this century. In the international scientific and political community, it is recognized as one of the greatest problems that humanity must face, which can potentially significantly affect the physical conditions in which terrestrial and marine ecosystems exist; that is to say, every corner of the planet. One of the main causes that propitiate it is the high concentration of gases that cause the “greenhouse effect”. Greenhouse gases (GHG) have increased considerably since the Industrial Revolution, showing the responsibility of the human being in this increase due to the indiscriminate burning of fossil fuels, livestock, deforestation, along with other economic activities responsible for the increase in the concentrations of carbon dioxide (CO2) and methane, among others. CO2 concentrations in the atmosphere over the past 200 years have increased by almost a third. However, it is in 1960 when the figures begin to show an abrupt increase (Brown & McLeman, 2009).
Climate change has led to atmospheric warming; between 2002 and 2011 was the hottest decade since 1850 when these measurements began. Scientists believe that global average temperatures will continue to rise. Concern for this effect is not only the product of temperatures but also of the consequences of alterations, rainfall, and associated evaporation, which can lead to changes in the geographical distribution of crops, their reduction, and the levels of the seas. Some ecosystems and cultures are already at risk from climate change. Many systems with limited adaptive capacity, particularly those associated with Arctic sea ice and coral reefs, are subject to very high risks with an additional 2°C warming.
This subject has been dealt with in foreign kinds of literature by authors such as Anna Martínez Guallar in her work “Environmental Law. Climate Change in the United Kingdom ”and Gustavo Alanis-Ortega in“ The First Step of a Comprehensive Climate Policy in Mexico ”who have supported their research in the study of legislative contributions on climate change, in countries such as Mexico and the United Kingdom. This issue has been approached from different regulatory and programmatic perspectives to create regulatory frameworks to face this environmental problem. In the national scenario, we must highlight authors such as Eduardo Orlando Planos Gutiérrez, Roger Rivero Vegas, Vladimir Guevara Velazco, and Aida Hernández Zanuy, those who developed the work “Impact of Climate Change and Adaptation Measures in Cuba,” where they carry out an analysis scientific-statistical of the impact of climate change in Cuba. Still, they do not propose normative budgets for their mitigation; in addition, there is the work of Judith Cid Soto and the Leisy Pérez López, who dealt with the topic “Legal mechanisms to face climate change. Considerations about its regulation ”, it studies different legal mechanisms to minimize climate change at the national and international level; Due to the importance of the protection of the environment and the treatment of climate change, this research is also directed towards the analysis of the legal norms that regulate these issues. Taking into account the topics previously discussed, international legal regulation against climate change is proposed as a new theoretical and normative vision, of which there is little treatment in international and national legal doctrine. The results that we propose to contribute with our research are the following (Penny, 2007):
Key Terms in this Chapter
Polluter Pays Principle: The polluter pays principle stands for the idea that “the environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large.”
Prevention: The concept of prevention can perhaps better be considered an overarching aim that gives rise to a multitude of legal mechanisms, including prior assessment of environmental harm, licensing or authorization that set out the conditions for operation and the consequences for violation of the conditions, as well as the adoption of strategies and policies.
Equity: Defined by UNEP to include intergenerational equity—“the right of future generations to enjoy a fair level of the common patrimony”—and intragenerational equity—“the right of all people within the current generation to fair access to the current generation’s entitlement to the Earth’s natural resources”—environmental equity considers the present generation under an obligation to account for long-term impacts of activities and to act to sustain the global environment and resource base for future generations.
Precautionary Principle: One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities.
Transboundary Responsibility: Defined in the international law context as an obligation to protect one’s environment and prevent damage to neighboring environments, UNEP considers transboundary responsibility at the international level as a potential limitation on the sovereign state’s rights.