The International Legal Concerns on Climate Change Regime: Taiwan's Perspective

• Author: Yiyuan Su
• Position: Assistant Professor of International Law at National Chung Hsing University, Taiwan. LL.B. (Soochow), M.B.A. (Tamkang), LL.M./S.J.D. (American Univ.).
• Pages: 63-79

The International Legal

Concerns on Climate

Change Regime: Taiwan

s

Perspective

Yiyuan Su



Climate change is an emerging environmental issue. To prevent possible trade

sanctions from the industrialized trading partners, Taiwan proposed several policies

to mitigate greenhouse gas emissions. This includes their preparation of the

Greenhouse Gas Reduction Act is under legislature review and the Statute for

Renewable Energy Management. Because Taiwan is not a member of the United

Nations, it is excluded from participation in the United Nation Convention on

Climate Change and lacks access to the flexible mechanisms defined under the Kyoto

Protocol. The Taiwan Environment Protection Administration plans to encourage

the local emitters to acquire foreign reduction credits to offset domestic emissions.

This article approaches Taiwan



s mitigation policies and measures from an

international legal perspective. It also introduces adaptation policies and

recommends that the government establish a special national adaptation team to

prepare data and criteria for risk prioritization. Finally, this paper recommends that

the Parties of the UNFCCC adopt the



universal apply



principle for climate change

and allow any governmental agency whose governing matters are covered by the

convention, to participate and share emission-reduction responsibilities.

Keywords

Climate Change, Taiwan, EPA, Mitigation, Adaptation, UNFCCC, Flexible

Mechanisms

KFBJM2)3122*  63

* Assistant Professor of International Law at National Chung Hsing University, Taiwan. LL.B. (Soochow), M.B.A.

(Tamkang), LL.M./S.J.D. (American Univ.). The National Science Council (NSC) of the Executive Yuan of the

Republic of China supports this article (project number: NSC100-3113-P-007-001). The author may be contacted at:

su.yiyuan@gmail.com or suyiyuan@nchu.edu.tw / Address: 250 Kuo-Kuang Rd., Taichung 402, Taiwan R.O.C.

I. Introduction

Climate change is one of the biggest environmental concerns in the 21

st

century. The

global greenhouse effect caused by anthropogenic greenhouse gas (GHG) emissions

into the atmosphere has led to rising global temperatures, endangering the climate

system. The international community is trying to stabilize global GHG emissions

through cooperation from multiple sectors, information sharing on the reduction of

GHG emissions with stakeholders, and the prevention of adverse effects caused by

climate change.

1

As the 17

th

leading merchandise exporter among the World Trade

Organization (WTO) members,

2

Taiwan also produces 1% of all global greenhouse

gas emissions.

3

Although Taiwan is neither a member of the United Nations, nor United

Nations Framework Convention on Climate Change (UNFCCC), it is still aligning its

national policies and measures on carbon dioxide emission reduction rates with the UN

guidelines. By complying with UN and UNFCCC policies and measures, and following

GHG emission reduction rates according to the Kyoto protocol, Taiwan could be

protected from low carbon regulations imposed by its trading partners in the European

Union or the United States.

In accordance with the natural disaster hotspot project of the World Bank in 2005,

Taiwan is a probable location for multiple natural disasters.

4

Climate change might

furthermore intensify the strength and frequency of natural disasters increasing the

damage to Taiwan. Early preparations are crucial to the reduction of adverse

consequences including human loss caused by climate change. The cost of mitigating

and adapting to the effects of climate change is still high, because of its unique

international legal status; Taiwan is unable to request any scientific or financial

assistance from international organizations and UNFCCC.

5

Taiwan is thus forced to

independently use its internal efforts and funds to develop climate-related policies and

measures and increase capacities.

6

This puts Taiwan in an unfair and unequal position

64 

1United Nations Framework Convention on Climate Change art. 2 (Mar. 21, 1994), U.N. Doc. A/AC.237/18 (Part II)/

Add.1,

reprinted in

31 I.L.M 848 (1992).

2WTO, I

NTERNATIONAL

T

RADE

S

TATISTICS

2010 13 (2010),

available at

http://www.wto.org/english/res_e/statis_e/

its2010_e/its2010_e.pdf (last visited on May 5, 2011).

3Shu-Hung Shen,

Taiwans Climate Change Mitigation

, T

HE

K

OREA

T

IMES

, Nov. 26, 2009,

available at

http://www.koreatimes.co.kr/www/news/opinon/2011/01/198_56189.html (last visited on May 5, 2011).

4W

ORLD

B

ANK,

N

ATURE

D

ISASTER

H

OTSPOTS

: A G

LOBAL

R

ISK

A

NALYSIS

2 (2005).

5Yiyuan (William) Su,

The Effects of the Kyoto Protocol on Taiwan

, 6 S

USTAINABLE

D

EV

. L. & P

OL



Y

51, 51 (2006).

6The Republic of China (Taiwan) has withdrawn its representation of China from United Nations since 1971.

See

G. A.

Res. 2758, at 2, U.N. GAOR, 26th Sess., Supp. No. 29, U.N. Doc. A/8429 (Oct. 25, 1971),

available at

http://daccess-

dds-ny.un.org/doc/RESOLUTION/GEN/NR0/327/74/IMG/NR032774.pdf?OpenElement (last visited on May 5,