Scientists have been aware of the connection between greenhouse gases and environment since 1896, when Swedish scientist Svante Arrhenius explained the mechanism of climate change. Under normal circumstances, the Sun’s radiation reaches Earth and is largely reflected into space.70 But, when there are excessive levels of carbon dioxide (CO2) and other greenhouse
gases (GHG) in the Earth’s atmosphere, the radiation—in the form of heat—is trapped, causing a greenhouse effect.71 There are two kinds of greenhouse effect, natural and anthropogenic. Natural greenhouse effects, arising from the presence of naturally occurring GHGs, are responsible for the global mean temperature of the Earth throughout much of its history.72 The second greenhouse effect is caused by humans. The increasing level of CO2 and other GHG in
the atmosphere through burning fossil oil, and other activities, trap more solar radiation which leads to an increasing mean temperature. This anthropogenic greenhouse effect is also termed ‘global warming’. The primary objective of climate change initiatives is to control CO2 and
GHG emissions to reduce anthropogenic global warming.
Over the past decades, the impacts of global warming are becoming more evident. Since the 19th century, global mean temperatures have risen by 0.3–0.6° Celsius and are expected to increase by 2–3.5% by 2100.73 The Intergovernmental Panel on Climate Change (IPCC) Fifth
Assessment Report assessed that the increase in global average surface temperature between 1951 and 2010 was caused by anthropogenic increases in GHG concentrations.74 The
70CINU Mexico. (2010). Fact Sheet: An Introduction to the United Nations Framework Convention on Climate
Change (UNFCCC) and its Kyoto Protocol (online),
<http://www.cinu.mx/minisitio/cop16/unfccc_and_kyoto_protocol.pdf> (accessed 5 July 2017).
71S. Oberthür and S. Ott, The Kyoto Protocol: International Climate Policy for the 21st Century (Springer, 1st
ed, 2017) 3–6.
72 Australian Academy of Science, The Enhanced Greenhouse Effect (AAS, 2017),
<https://www.science.org.au/curious/earth-environment/enhanced-greenhouse-effect>.
73 Bill Hare, Fossil Fuels and Climate Protection – The Carbon Logic, (Greenpeace International, 1997),
<https://www.climateemergencyinstitute.com/uploads/Gpeace_carbonn_logic_95.pdf>
74 Climate Change 2014 Synthesis Report: Summary for Policymakers, (Intergovernmental Panel on Climate
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increasing temperatures are causing a rise in sea level; by 2100, the sea level may have risen by between 15cm and 95cm, threatening coastal cities and islands.75
According to UNFCCC, Greenpeace and the Union of Concerned Scientists, in addition to rising sea levels the impacts of global warming include increases in destructive hurricanes, wildfire seasons, heat waves, forest deaths in mountains, severe droughts, heavy flooding, worse air quality, energy risks, destruction of coral reefs and rising risks of disease.76 The FAO found in its report that climate change is one of the environmental drivers interacting with food systems and will affect not only food production but also processing, distribution and consumption.77 Other adverse impacts will affect food security through soil carbon sink sequestration78 and changing dynamics of natural pests through the emergence of new habitats.79 While there are some scientists who dispute the certainty of climate science findings, such as Dr Kiminori Itoh, author of Lies and Traps in the Global Warming Affair,80 and Australian Professor Ian Plimer, author of Heaven and Earth,81 this thesis will accept the findings of IPCC that anthropogenic climate change is certain and that addressing climate change is an important global priority.
The Fifth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) includes a long list of climate change effects observed by scientists around the world; sea-level rise is one of the most important issues, and the effects have already been felt in South Asia.82 It is highly likely that due to rising sea levels throughout the 21st century and beyond, costal systems and low-lying areas will gradually experience adverse effects, from coastal flooding and coastal erosion to submergence. The Fifth Assessment Report also notes that some ecosystems and many human systems are also significantly vulnerable to other climate change-
75Oberthür and Ott, above n 71, 4.
76CINU Mexico, above n 70; Greenpeace International, Negative Effects of Climate Change (Greenpeace,
2017), <http://www.greenpeace.org/international/en/campaigns/climate-change/impacts/>; Union of Concerned Scientists, Global Warming Impacts (UCS, 2017), <http://www.ucsusa.org/our-work/global-warming/science- and-impacts/global-warming-impacts>; L. Rajamani, ‘From Berlin To Bali And Beyond: Killing Kyoto Softly?’ (2008) 57(04) International and Comparative Law Quarterly 909.
77 The Food and Agriculture Organization, Climate change and Food Security, (FAO, 2012),
<http://www.fao.org/elearning/course/FCC/EN/pdf/learnernotes0854.pdf>
78R. Lal, ‘Soil Carbon Sequestration Impacts on Global Climate Change and Food Security’ (2004) 304(5677)
Science 1623.
79J. Logan, J. Regniere and J. Powell, ‘Assessing the Impacts of Global Warming on Forest Pest Dynamics’
(2003) 1(3) Frontiers in Ecology and the Environment130.
80 Dr. Kiminori Itoh’s new book is available (currently in Japanese only) at
<http://climaterealists.com/index.php?id=1461>
81 Ian Plimer, Heaven and Earth: Global Warming, the Missing Science (Taylor Trade Publishing, 2009). 82 IPCC, above n 6.
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related irregularities—heat waves, droughts floods, cyclones and wildfires.83 The potential results include disruption of food production and water supply, damage to infrastructure and settlements, disease and death.84 Ecologically, migration patterns of freshwater and seawater species are also changing because of ongoing climate change. According to Mary Robinson, the impacts of climate change are undermining a whole range of human rights: to food, safe water, health and education, among others.85