July 4, 2012: Panel 6B - Climate Change Adaptation

Climate Change Adaptation Video

Wed, 04 Jul 2012 10:15:00 PDT

Greening the AU Economy- Adapting to Climate Change Along a Low Carbon Development Pathway

Michelle van der Walt — Wed, 04 Jul 2012 10:15:00 PDT

According to the United Nations Human Development Report of 2007 climate change is the defining human development challenge of the 21st Century. One of the major global contributors towards climate change is green house gas (GHG) emissions resulting from energy use connected with the combustion of fossil fuels. On account of its low per capita energy consumption, Africa contributes relatively little towards over-all energy related GHG emissions. Notwithstanding, the global effects of climate change will impact negatively on the developmental path of the African continent in areas such as agriculture; access to fresh water; biodiversity; food security and health thereby hampering the achievement of the MDGs and the promotion of sustainable development.

It becomes apparent that in order for energy as role player in Africa’s development process to be considered as contributing towards promoting sustainable development, it must show resilience to the challenge of climate change – in other words climate-friendly energy. A proposed method of ensuring climate-friendly approaches to energy relates to the international environmental law concept of a green economy with a low carbon development pathway. This entails that energy developments must be compatible with the natural environment, environmentally friendly, ecological as well as socially just all the while showing minimised emissions of GHGs. The process of greening the African economy with regards to energy developments will depend largely upon formulating and implementing well informed regional policy based upon the principles underlying the establishment of a green economy. The question subsequently arises: how should the principles for a green economy be applied to an AU energy policy based on a low carbon development pathway in order to effect the promotion of sustainable development?

To this end, this paper will focus on the relevant international environmental law principles as ground norms for the formulation of effective regional development policies. Furthermore, an analysis of the 15 principles for green economy (prepared for the Rio+20 Conference) against existing AU energy development initiatives (Climate for African Development) will be undertaken. The submission will conclude with reflections on the current status of AU energy development initiatives as well as recommendations on the future application of green economy principles in formulating principled based regional energy policy geared towards an AU green economy with low carbon pathway development.

Environmental Change and Forced Migration: In Search of Recognition in International Law

Mostafa Mahmud Naser — Wed, 04 Jul 2012 10:15:00 PDT

Emerging Legal and Policy Strategies for Climate Change Adaptation: Opportunities and Constraints for Action in Africa

Emmanuel Kasimbazi — Wed, 04 Jul 2012 10:15:00 PDT

The climate of the Africa is changing. When the climate started changing and when it will end is subject to endless debate. Climate is important for development in Africa but natural climate fluctuations from autonomous climate cycles (such as those linked to the El Nino phenomenon) disrupt ecological, economic and social systems. The causes of climate of change include: continued rates of high population growth, increasing reliance on fossil fuel-driven growth technologies, land use effects, (particularly urbanization, agriculture and deforestation) and increases in concentrations of atmospheric greenhouse gases (GHGs) and aerosols. Climate change in Africa has several effects. There are some effects that are due to excessive rain such as: floods particularly in west, eastern and North Africa; sea level rise leading to coastal erosion especially around the Indian Ocean coastal zone; spread of diseases (such as malaria and cholera); and destruction of infrastructure (such as roads and bridges). There are also effects due to little or no rain such as drought and decrease in river basin run-off which affect hydropower generation. All the above effects cause poverty, lack of food security, loss of lives and biodiversity and conflicts over natural resources such as land and water. Climate change adaptation is one of the strategies that have been developed to cope with the effects of climate change. Adaptation refers to adjustments in ecological, social or economic systems in response to actual or expected climatic stimuli and their effects or impacts. Adaptation to the adverse effects of climate change is vital in order to reduce the impacts of climate change that are happening now and increase resilience to future impacts. Adaptation requires urgent attention and action on the part of all countries. Several strategies have been developed since the United Nations Framework Convention on Climate Change (UNFCCC) in 1992 up to the 2011 Durban CO 17 / CMP 7. The main objective of this paper is to analyze climate change adaptation opportunities and constraints in Africa. The paper specifically examines the policy and legal strategies relevant to climate change adaptation in Africa that have been developed since the UNFCC in 1997 up to the Durban Platform in 2011. The major conclusion of the paper is that climate change adaptation strategies are key to combating climate change in Africa because they can be appropriately implemented. However, their effective implementation requires active roles of African governments, the private sector, civil society, regional organizations, international organizations and donors and industrialized countries.

International Environmental Law and Migration

Nicole de Moor — Wed, 04 Jul 2012 10:15:00 PDT

The international community has long recognized that worldwide environmental changes affect national and international migration patterns. However, in 1992, the issue of environment-induced migration and displacement was not addressed as a major concern at the Rio Earth Summit. From the three new forums addressing environmental and development concerns, initiated in Rio, only the Convention to Combat Desertification (UNCCD) paid modest attention to environmental migration. Neither the UN Framework Convention on Climate Change (UNFCCC), nor the Biodiversity Convention (CBD), explicitly referred to the phenomenon of environment-induced human mobility.

However, since the Intergovernmental Panel on Climate Change highlighted migration and displacement as consequences of global warming in 1990, governmental and non-governmental organisations, together with academics and some developing countries, have been advocating to bring climate-induced migration under the umbrella of the UNFCCC. Supported by an emerging knowledge base on environmental migration, the humanitarian community finally managed to put climate-induced mobility on the negotiation table, and in 2010 at COP16 in Cancun, the issue appeared for the first time in an official COP decision.

Paragraph 14(f) of the Cancun Adaptation Framework now invites states to take “measures to enhance understanding, coordination and cooperation with regard to climate change induced displacement, migration and planned relocation, where appropriate, at national, regional and international levels”. The inclusion of human mobility in the Cancun Adaptation Framework represents a milestone for the issue of environmental migration, as it is the first ever mentioning of migration in an agreed COP outcome. The paragraph, although not legally binding, has a strong political value, as it is situated in an important part of the Adaptation Framework. Migration now features in a list of activities that can be considered ‘adaptive’, and might qualify for adaptation funding in the future. Furthermore, paragraph 14(f) could even encourage other environmental policy forums to address the issue of environmental migration. After all, as the UNFCCC regime can only address climate-induced migration, it does not take account of environmental push factors other than climate change impacts.

20 years after the Rio Earth Summit, this paper describes how migration has entered the UNFCCC regime, and examines the implications and added value of a migration-related provision in international climate law. More in particular, it sets out to analyse the legal value of paragraph 14(f) of the Cancun Adaptation Framework, and aims to provide guidance on the implementation of this provision through the UNFCCC regime. The author adopts a critical stance, discussing whether international environmental law is the appropriate legal framework at all to address environment-induced migration.