Plenary 4 - Local and International Policy on Climate Change

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Presentation of Prof. Francis Ross de Guzman, College of Arts and Sciences, University of the Philippines Manila, during the UP Manila Conference on Global Climate Change, held October 22-23, 2009 at the Pearl Garden Hotel, Manila.

Transcript of Plenary 4 - Local and International Policy on Climate Change

Prof. Kiko de Guzman, J.D.

Climate Change ResponsePOLICY AS

Global Legal Action on Climate Change

Climate Change Policy

Climate Change Policy

Climate Change Policy

Crisis

Danger Opportunity

Climate Change Policy

Policy as Opportunity

POLICY as projected program of goals, values and practices

(Lasswell and Kaplan, 1970)

Climate Change Policy

Policy as Opportunity

[PUBLIC POLICY] authoritative allocation of values for the whole society.

(Easton, 1953)

Climate Change Policy

International Environmental Lawas Policy

jus cogens customary norms conventional norms

(ICJ Statute, 1947)

Climate Change Policy

Trail Smelter Case, 1937

International Environmental Lawas Policy

Climate Change Policy

International Environmental Lawas Policy

preventive principle precautionary principle

(US v Canada, 1937)

Climate Change Policy

International Environmental Lawas Policy

(Geneva, 1979)

Climate Change Policy

International Environmental Lawas Policy

(Conference on the Changing Atmosphere, 1988)

Climate Change Policy

International Environmental Lawas Policy

154 countries signed UNFCCC

climate change (CC) is a common concern of mankind

human activities increased greenhouse gases (GHG)

largest share of GHG from developed countries

objective: stabilize GHG and prevent further CC

(Earth Summit, 1992)

Climate Change Policy

International Environmental Lawas Policy

develop national inventory of GHG emissions

implement national/regional programs to mitigate CC

technological cooperation

to take CC into account in national policies

(UNFCCC)

Climate Change Policy

International Environmental Lawas Policy

(UNFCCC COP)

Climate Change Policy

International Environmental Lawas Policy

develop national inventory of GHG emissions

implement national/regional programs to mitigate CC

technological cooperation

to take CC into account in national policies

(Kyoto Protocol)

Climate Change Policy

International Environmental Lawas Policy

ensure that aggregate CO2 emissions do not exceed assigned targets

reduce emissions by at least 5% of the 1990 levels from 2008-2012

show demonstrable progress in achieving commitments by 2005

(Kyoto Protocol)

Climate Change Policy

International Environmental Lawas Policy

Emissions Trading

Joint Implementation

Clean Development Mechanism

(Kyoto Protocol)

Climate Change Policy

PHILIPPINE Lawas Policy

ratified UNFCCC in 1994

ratified Kyoto in 2003

established CDM implementing agency in

Climate Change Policy

PHILIPPINE Lawas Policy

Sec. 16, Art. II of 1987 Constitution

established IACC in 1991 MTPDP 2004-2010 underscores more effective environmental care

established PTFCC in 2007

established OPACC in 2008

Climate Change Policy

PHILIPPINE Lawas Policy

creation of a Climate Change Commission

mandate to create a Framework Program on Climate Change creation of National and Local Climate Change Action Plans

appropriation

(Climate Change Act of 2009)

Climate Change Policy

Policy as Opportunity

POLICY [is/should be] standing decisions characterized by behavioral consistency and repetitiveness.

(Eulau and Prewitt, 1989)

Climate Change Policy

Future Policy Response

adaptation vis-à-vis mitigation

enforcement multi-stakeholder participation

(Pew Center Report, 2006)

Prof. Kiko de Guzman, J.D.

Thank You

Global Legal Action on Climate Change

kiko_de_guzman@yahoo.com.ph