Three climate crises.

AuthorBadrinarayana, Deepa
PositionInternational Law in Crisis
  1. INTRODUCTION II. THE THREE CRISES A. Normative Crisis B. Economic Interest Crisis C. Legitimacy Crisis: Climate Change and Adaptation Strategies III. CONCLUSION I. INTRODUCTION

    The future of international climate change regulation remains uncertain, as nations struggle to prepare an agreement that will govern obligations post-Kyoto Protocol. The negotiations at COP-15 at Copenhagen (1) revealed deep political divisions and demonstrated the changing power dynamics in international relations, COP-16 negotiations in Cancun (2) restored what appeared to be a derailed international process and COP-17 negotiations at Durban signaled continuing differences among nations to making emissions reduction an obligation, as three major signatories to the Kyoto Protocol--Canada, Japan, and Russia--refused to commit to a second round of emissions reduction obligations. (3) Climate negotiations thus continue to expose the continuing crisis in international law. Despite efforts of several nations, many even sincere, it is becoming clear that the chronic illness--of poor international law response to environmental and human rights issues--is now approaching crisis proportions in the context of climate change. This thought piece identifies three overlapping areas of crises: normative, economic order, and legitimacy. It argues that hope, the theme of this panel, in averting a crisis relating to climate change lies in embracing the need for a moral compass in addressing this incredibly complex collective action problem.

  2. THE THREE CRISES

    International legal response to climate change is at crossroads and the way is scattered with several problems and pitfalls. There are, however, three core crises that challenge the efficacy of international law and can potentially exacerbate the international law crisis.

    1. Normative Crisis

      Climate change threatens to devastate several nations, threatening their territorial integrity and domestic sustenance. For example, rising sea levels are predicted to eventually drown the Maldives. (4) Similarly, severe and sudden weather conditions are predicted to devastate populations and property in Bangladesh. (5) Both Maldives and Bangladesh are sovereign nations and recognized as such by their membership in the United Nations. (6) As sovereign nations, international law implicitly and customarily recognizes their right to exercise full control over their domestic affairs. (7)

      Their territorial integrity and the property and livelihood of their people are domestic concerns. Nations such as Maldives and Bangladesh are entitled under international law and the founding principle of sovereignty to exercise full control over these matters. However, when their domestic interest in their territory and their people is wrecked by climate impacts caused primarily by activities of foreign nations, (8) their sovereignty is challenged. Further, to the extent that they cannot--through internal measures--mitigate the problem, their ability to exercise their sovereign prerogatives has been compromised. To the extent their influence in the international arena is limited for lack of economic prowess, their ability to control factors and mitigate their loss of sovereignty is further diminished. The fate of nations such as Maldives and Bangladesh and their people lies in the hands of a few developed countries and emerging economies.

      To date, the process of globalization notwithstanding, nations may not interfere with another nation's sovereignty, unless the nation chooses to abdicate its sovereignty on its own volition. (9) Globalization may have lowered national borders, but it has not eradicated these borders. So, when one considers the situation regarding sovereignty as it stands presently, it is evident that respect for sovereignty, per the Westphalian pact, (10) must be extended to all nations recognized by the community of nations.

      The tone of international negotiations on climate change, however, underplays the threat that climate change presents to national...

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