International commitments made
Most states have signed up to some key international agreements, including the Rio Declaration of 1992, and the Paris Agreement of 2015.
These agreements commit the signatories
- not to cause environmental damage beyond their national jurisdiction
- to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels.
The Rio Declaration
Some key points in the Rio Declaration of 1992 [1] are- States have a responsibility not to cause environmental damage beyond their national jurisdiction (Principle 2).
- States should avoid transfer of harmful activities to other States (Principle 14).
- A precautionary approach should be applied (Principle 15).
The Paris Agreement
Some key points in the Paris Agreement of 2015 [2] are- to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels (Article 2.1(a))
- limiting greenhouse gas emissions will be done on the basis of equity, with emisssions in developed countries being cut faster than the global average, while emissions in developing countries can rise for a time (Articles 4.1 and 4.4).
Selected Principles from the Rio Declaration (full text)
The responsibility not to cause environmental damage beyond the national border
The relevance of this to climate change is that it makes greenhouse gas emissions a question of international justice.Principle 2States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
[Our emphasis]
Avoiding the transfer of harmful activities to other states
Principle 14States should effectively cooperate to discourage or prevent the relocation and transfer to other States of any activities and substances that cause severe environmental degradation or are found to be harmful to human health.
[Our emphasis]
The precautionary principle
Principle 15In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
[Our emphasis]
Selected Articles from the Paris Agreement (full text)
Commitment to well below 2°C and pursuing efforts to 1.5°C
Article 2.1(a)1. This Agreement, in enhancing the implementation of the Convention, including its objective, aims to strengthen the global response to the threat of climate change, in the context of sustainable development and efforts to eradicate poverty, including by:
(a) Holding the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels, recognizing that this would significantly reduce the risks and impacts of climate change;
[Our emphasis]
Emissions in developed countries will be cut faster than the global average
Article 4.1In order to achieve the long-term temperature goal set out in Article 2, Parties aim to reach global peaking of greenhouse gas emissions as soon as possible, recognizing that peaking will take longer for developing country Parties, and to undertake rapid reductions thereafter in accordance with best available science, so as to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century, on the basis of equity, and in the context of sustainable development and efforts to eradicate poverty.
[Our emphasis]
Article 4.4Developed country Parties should continue taking the lead by undertaking economy-wide absolute emission reduction targets. Developing country Parties should continue enhancing their mitigation efforts, and are encouraged to move over time towards economy-wide emission reduction or limitation targets in the light of different national circumstances.
[Our emphasis]
References
[1] | Rio Declaration on Environment and Development (at the Rio United Nations Conference) (1992) https://www.un.org/en/development/desa/population/migration/generalassembly/docs/globalcompact/A_CONF.151_26_Vol.I_Declaration.pdf |
[2] | The Paris Agreement (2015) https://unfccc.int/files/meetings/paris_nov_2015/application/pdf/paris_agreement_english_.pdf |
First published: 5 Jan 2023
Last updated: 14 Aug 2023