Transcript REVIEW OF THE LEGAL FRAMEWORK AND POLICY TOOLS …

REVIEW OF THE LEGAL FRAMEWORK AND POLICY TOOLS
FOR ADDRESSING CLIMATE CHANGE:
SUMMARY OF SEVEN ASIAN COUNTRY STUDIES SUPPORTED BY UNEP-AECEN
Presented by Peter King
2008 AECEN Regional Forum
Bali, Indonesia
November 2008
Objective of Reviews
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Reviews of the legal framework and policy tools for
addressing climate change in China, Japan, India,
Indonesia, Philippines, Thailand and Vietnam are
intended to explore how the legislative framework
and enforcement of the laws can be strengthened,
especially by comparing country studies and
experience.
This synthesis report summarizes results of seven
country papers supported by UNEP and AECEN, of
which two will be presented at AECEN Forum.
Climate Change
Human contribution to climate change is unequivocal
– uncertainty is no longer an excuse for inaction.
Asia’s Contribution to Climate Change
No global solution is possible without a comprehensive Asian contribution.
Climate change impacts already occurring - more are inevitable
Global temperature change (relative to pre-industrial)
0°C
1°C
Food
2°C
4°C
5°C
Falling crop yields in many areas, particularly developing
regions
Possible rising yields in some
high latitude regions
Water
3°C
Small glaciers disappear
– water supplies
threatened in several
areas
Falling yields in many
developed regions
Significant decreases in water
availability in many areas, including
Mediterranean and Southern Africa
Sea level rise threatens
major cities
Ecosystems
Extensive Damage to
Coral Reefs
Rising number of species face extinction
Extreme Weather
Rising intensity of storms, forest fires, droughts, flooding and heat waves
Risk of Abrupt and
Major Irreversible
Changes
Increasing risk of dangerous feedbacks and abrupt, largescale shifts in the climate system
Risk of irreversible impacts increases strongly as temperatures increase
Positive Response Measures
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Response to UNFCCC and Kyoto Protocol - all
countries reviewed have ratified the Convention and
Kyoto Protocol and adopted a range of national
policies to implement the convention and protocol.
Emerging legal and regulatory measures to
implement the Kyoto Protocol, according to Annex
1 and non-Annex 1 country obligations
Institutional arrangements for climate change:
Most of the governments have set up special
institutional arrangements to address climate change
Positive Response Measures (cont.)
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Integrating climate change objectives into national plans – Most
of the governments concerned prepare 5-year social and economic
development plans and are integrating climate change objectives into
those plans
Sector laws are contributing to climate change efforts – energy
conservation, forestry, air pollution, ozone depletion, biofuels, vehicle
emission standards etc.
Climate Change Programs – Japan’s Voluntary Action Plan on
Environment, Top-Runner Program; Vietnam’s Strategy of Natural
Disaster Prevention, Combat and Mitigation; China’s National
Program on Climate Change; India’s mandatory energy audits;
Thailand’s air quality control program; and Philippines energy
conservation program and air pollution control.
Current Legislation
Directly related to climate change:
 Japan’s Climate Change Policy Law 1998
Environment Laws:
 Japan’s Basic Environment Law 1993
 Vietnam’s Law on Environmental Protection 2005
 China’s Environmental Protection Law 1989
 India’s Environment (Protection) Act (1986); Air
(Prevention and Control of Pollution) Act 1981
 Indonesia’s Environmental Management Act 1997
 Philippines Clean Air Act 1999
Current Legislation (cont.)
Energy Laws:
 Japan’s Energy Conservation Law (1979, 1999);
Renewable Energy Portfolio Standard Law (2003)
 China’s Law on Coal (1996); Law on Energy Conservation
1997 (2007); Renewable Energy Law (2005)
 India’s Energy Conservation Act (2001)
 Thailand’s Energy Conservation Promotion Act (1992);
Energy Development Promotion Act (1992)
 Indonesia’s Energy Act (2007)
 Philippines Republic Act 7638 of 1992; Biofuels Act
Current Legislation (cont.)
Transportation Sector:
 Vietnam’s Law on Road Traffic (2001)
 India’s Motor Vehicles Act (1988); Pollution
Under Control Norms (2004)
 Thailand’s Land Traffic Act (1992); Land
Transportation Act (1979)
 China’s Air Pollution Prevention and Control
Law (2000)
Current Legislation (cont.)
Other Sectors:
 China’s Cleaner Production Promotion Law (2002)
 Thailand’s Town and Country Planning Act (1975);
Building Control Act (1979); Land and Household Tax
Act (1932); Locality Tax Act (1965)
 Vietnam’s Strategy of Natural Disaster Prevention,
Combat and Mitigation toward 2020
 Philippines Law on Agriculture and Fisheries
Modernization 1997
Gaps in Legislation
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Few direct climate change laws
Need for reconciliation with economic growth promotion
priorities
Fragmentation and outdated laws
Response to conflicting institutional arrangements
Unclear assignment of responsibilities
Inadequate sanctions in command-and-control
legislation – insufficient incentives
Missing supporting regulations and standards
CO2 not regulated as a pollutant
Excessive reliance on command-and-control legislation
Enforcement Challenges
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Insufficient specificity in the laws
Lack of quantitative targets and time lines
Excessive exemptions and flexibility
Reliance on voluntary compliance and selfreporting
Conflicts between related laws
Excessive legislative complication
Inadequate sanctions and incentives
Lack of public participation
Enforcement Challenges (cont.)
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Prosecution challenges, policing
inadequacies, and few legal precedents
Administrative constraints – staffing and
funding priorities
Decentralization without sufficient resources
or staff capacity
Monitoring challenges and lack of reliable
data
Conclusions & Recommendations
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Strongly link climate change and sustainable
development
Consider an umbrella climate change law
Mix policy instruments – command and control,
economic instruments, and voluntary compliance
Review and revise sector laws and achieve cobenefits
Enact laws and policy to implement adaptation
Empower communities to participate in climate
change measures – class action
Upgrade compliance and enforcement
Thank you
Comments and suggestions to:
[email protected]