BEYOND BORDERS: CLIMATE CHANGE ACTION & STATE SOVEREIGNTY BY: YARRAMSETTY GEETHANJALI
BEYOND BORDERS: CLIMATE CHANGE
ACTION & STATE SOVEREIGNTY
AUTHORED
BY: YARRAMSETTY GEETHANJALI,
LL.M (Batch
of 2023-24), GNLUS.
Abstract
The reality of climate change is acknowledged on a
global level. Despite increased global
efforts, underdeveloped nations believe that their sovereignty will be
compromised by systems and acts implemented in response to climate change.
Remedial measures at various levels are not a compensating reflection of this
reality. In order to respond quickly to climate change, it is necessary to set
up a well-thought-out framework. Therefore, the researcher through this
research paper analyzes the effects of climate change initiatives on national
sovereignty. As the case involves the meddling in domestic politics by
international organizations through the prism of climate change efforts. It is evident
through the division between the Global South and Global North that the
emerging nations might be wary of the fact that they might go beyond the
remedial measures of developed countries.
Introduction
On many different
levels, climate change is having a negative impact on the world. In this
regard, a red code has been announced in the reports of the Intergovernmental
Panel on Climate Change (IPCC). They anticipate that even under stringent
moderating conditions, global surface temperatures would increase. By the end
of the century, the IPCC is certain that global temperatures will have
increased by more than 1.5°C. Without any action, it is anticipated that global temperatures would
increase by more than 2°C.[1] International sea
levels will rise on average by 0.26 to 0.82 meters by the end of the century,
endangering the territorial sovereignty of numerous island states.[2]
These asymmetrical climate changes will have complicated repercussions,
including stressors and negative effects, on all locations.
Indicators of the
impending storm include recent instances of wildfires, heatwaves, floods, and
hurricanes around the planet. Because climate change transcends borders, urgent
concerted actions are required to lessen its harmful effects. The Global South
experiences the worst effects of climate change, despite the fact that China,
the United States, and Europe all rely on coal and other fossil fuels. Although
it is now widely acknowledged that the developed world (including the US,
Canada, Europe, China, Japan, Korea, and others) has been largely to blame for
these adverse effects on the climate, the most severe implications fall
primarily on developing nations in Asia and Africa. Climate prejudice, a form
of racism, has resulted from this.
The research paper
emphasizes the global actors role in mitigating the climate change where the
damaging climate change impacts on vulnerable states. Also focuses on developed
nations actions on climate change and how it effects the sovereignty of the
vulnerable states.
State Sovereignty
The idea of a
sovereign state is thought to have originated with the Treaty of Westphalia,
which was signed in 1648. National sovereignty has faced a number of setbacks
during the past 350 years as the fundamental foundation for the structure of
the international community. It is referred to as “the most glittering
and controversial notion in international law history, doctrine, and practice”[3] by
Steinberger in the Encyclopedia of Public International Law.
The idea of
sovereignty is ambiguous and disputable, but it does give rise
to a lot of disagreements and, as a result, needs to be significantly
developed, taking into account diverse methods for categorization
of sovereign nations themselves. An adequate definition of state
sovereignty is examined in order to avoid any historical undertones given the
likelihood of the concept of the sovereign state collapsing in today’s global context.
Internally, the term
“sovereignty” defines the state
administration as the supreme power inside its borders and jurisdiction.[4]
In terms of international relations, sovereignty is defined as the ability to
independently carry out a state’s duties to the exclusion of all other states.
Territorial sovereignty is the only right to reveal state actions. A state’s
legitimacy in both its input and output determines its sovereignty. Input legitimacy,
which includes things like voting and legal methods, refers to a state’s
capacity to let its population choose how they want to be governed. Production
legitimacy[5]
refers to a state’s capacity to provide for the essential requirements of its
citizens (such as food, water, energy, employment, etc.).
The result of a
complicated convergence of historical, political, social, economic, and other
contemporary events is globalization. It causes the sovereign national
power to change and diminish. In respect to what was first initially conceived
of as a nation-state, the idea and nature of sovereignty are evolving,
particularly in light of globalization, the rise of global organizations, and
the unipolarity of the global order. The scope of the state’s internal affairs,
which are not interfered and only subject to national laws and customs, is
narrowing as a result of globalization, while the scope of international law or
the law of a particular community (collective commitment) is expanding.
Sovereign rights have been severely curtailed in the modern world. Several
important institutions and organizations are swiftly shifted from nations to
supranational organizations and entities. It is more likely for transnational,
national, subnational, and occasionally regional and municipal institutions to
share sovereignty.[6]
Global actions are necessary to combat climate change, as will be explained in
the lines that follow, hence globalisation is significant.
Climate Change
Action
One of the most
important challenges of our time is climate change, which demands simultaneous
attention by all three sectors of society: the economy, the environment, and
people. Developed society is responding to the issue of climate change by
reducing emissions of greenhouse gases (GHG) while creating sinks (areas that
absorb CO2, such as forests and seas), as well as through national and
international treaties and local plans to minimize the effects. There are also
considerations about adaptation techniques to prevent, be prepared for, or
address the negative effects of climate change. Public organizations’ objectives
may differ, but they all aim at eliminating risks to the public’s health and
safety.[7]
Achieving the Sustainable Development Goals (SDGs) and the combat against
climate change are both priorities for the international community.
Climate action is
related to SDG-13, which states that there should be “increased efforts to
reduce greenhouse gas emissions and strengthen resilience and adaptive capacity
to climate-induced impacts, including climate-related risks in all countries,
integrating climate change-related measures into national policies, strategy,
and planning, as well as improving education, awareness, and human and
institutional capacity in the field of climate change mitigation, adaptation,
mitigation, and early warning.” To support poor nations’ transition to a
low-carbon economy, this calls for the annual mobilization of $100 billion.[8] For effective climate change action, the World Bank advises
adapting to development, prioritizing important system transformation, and
funding transformation assistance. The way that strategists and decision-makers
approach climate change has changed. Moving away from GDP and toward green
growth is the answer. Rapid market-driven technical advancement and
environmental action can help the national and global economy expand while
addressing the challenge posed by a warming planet. In comparison to per capita
income, the Human Development Index (HDI) is more significant. It is believed
that “less is more.”[9]
Since there are many new, severe problems for the entire planet, it
will take a marathon of sincere efforts from all stakeholders to reduce the
harm caused by climate change. To slow down climate change, the IPCC was
founded in 1988. The World Meteorological Organization and the UN Environment
Program collaborated on its creation. The first IPCC report had a significant
effect on international advisory groups. As a result, the United Nations
Framework Convention on Climate Change (UNFCCC) and its extended organization,
known as the Kyoto Protocol, were created in 1992. The repercussions of climate
change caught the attention of the entire globe for the first time. The UNFCCC,
the Kyoto Protocol, and the Paris Agreement (a historic agreement between 188
nations to restrict CO2 emissions) are just a few of the UN legal instruments
that have been actively involved in accessing the effects of climate change and
mitigating actions (Figure 1). Furthermore, the development and implementation
of climate policies and activities against climate vulnerability have been
sparked by these discussions with regional groups like the G8 countries and
civil society organizations.
Source: E-International Relations
The UNFCCC was
established to address the global effects of climate change after the 1990 IPCC
report. It was subsequently presented to members for signature at the Rio de
Janeiro Earth Summit in June 1992,[10] and it became
effective on March 21, 1994. This organization’s major goal was to stop
individuals from making risky decisions in order to protect the planet from
climate change, its repercussions, and the ongoing presence of greenhouse gases
in the atmosphere. Additionally, the UNFCCC kept emphasizing the importance of
developed nations’ contributions, urging them to combat the global threat and
instructing all parties to take preventative and precautionary steps to lessen
the effects of climate change. In the age of industrialisation, it also
supported environmental protection policy frameworks for sustainable
development.[11]
Countries that
pledge to adopt particular policy steps to lessen the consequences of climate
change in order to achieve their objectives might do so through the UNFCCC.
Offers advice on reducing greenhouse gas emissions and raising public awareness
of climate change. As well as encouraging environmentally friendly, sustainable
development and water management of coastal areas, it also establishes the
framework for the development of environmentally friendly technology for all
sectors (energy, transport, agriculture, waste management, and forestry). To
reduce the harmful effects of climate change on the country’s national economy,
environment, and health sectors, the UNFCCC places a strong emphasis on the
development of national policy infrastructure. There is a systematic approach
to studying and observing climate change, international collaboration to raise
global, national, and regional climate awareness, and the sharing of the latest
technologies to predict and mitigate threats from climate change.[12]
The convention also
urged developed nations to cut their emissions of greenhouse gases, which are
the real cause behind the rise in atmospheric concentrations of these gases,
and to create laws to prevent further increase in emissions. Additionally,
it placed a focus on aiding nations with financial and technological support so
they can compete with the risks posed by climate change.[13] In order to carry
out its goals and the advancements made by the parties, the Convention
established the Conference of the Parties (COP) system. Parties were brought
together at COP-26 in November 2021 to advance the objectives of the Paris
Agreement and UNFCCC. It is widely recognized that now is the moment to take
action.
The Kyoto Protocol
emphasizes that developed nations are the primary source of greenhouse gas
emissions and that their contribution to this situation is crucial.
Additionally, these nations are in fact responsible for the rise in
greenhouse gas emissions already present in the atmosphere. The Protocol
recognized these nations as game-changers, stating that their positive actions
might contribute to a decrease in greenhouse gas emissions. Because it is
challenging for a single country to combat the challenges posed by climate
change alone, it encourages nations to work together to lessen its
consequences. Two Kyoto Protocol commitments have come into force in total. One
of them had a term that lasted from 2008 to 2012, and the other one began in
2012.
The Paris Agreement
was finalized on December 12, 2015, to “improve the implementation of the
UNFCCC policy mechanism, which has the purpose and objective of strengthening
the global response to counter the threats of climate change.”[14]
It is an agreement that addresses global challenges, primarily those related to
climate change, and includes financial support, a review of climate-smart
strategies, and mitigation of greenhouse gas emissions. 196 representatives
from various nations attended COP-21, which was regarded as the best opportunity
since “this agreement represents the best chance we have to save the only
planet we have.”[15]
The principal
objective of the General Assembly’s goal for 2019 was to strengthen
international efforts to combat poverty, advance high-quality education, and
combat climate change. Eswatini’s King Mswati III pushed the UN to follow
through on its promises. Eradicating poverty remained a significant concern, it
had gotten worse due to climate change and had led to food insecurity in his
nation. Therefore, he urged wealthy nations that produce greenhouse gas
emissions to increase their investments in order to create secure societies and
robust safety nets.[16]
George Weah, the president of Liberia, emphasized the need for more attention
to be paid to climate change and indicated that wealthy countries’
unanticipated progress may be in violation of the sovereignty of powerless
nations. The environment is still in ruins, even though Africa’s abundant
resources are being exploited, African nations aren’t getting their fair share,
according to Ghanaian President Nana Akufo-Addo.[17] It poses a barrier
to addressing the climate calamity and decreasing poverty. In order to achieve
short-term success, humanity cannot simply “ravage blindly” in the name of development, according to Danny Faure, president of
the Seychelles. He cautioned that “through exploiting the oceans, we condemn
future generations to a planet beyond repair,” and that “the only way we can
ensure our collective survival is by bringing law and good governance to the
oceans.” The necessity of taking climate action in accordance with the law to
ensure the sovereignty of affected nations is thus demonstrated.[18]
The one shared priority at the forefront of the General Assembly’s 2021 session
was climate action. The international community has grown increasingly
motivated to address climate change during the last three decades. However, a
variety of issues continue to have an impact on this movement, including
politics, financial limits, shifting commitments brought on by a change in
government, and many others. Since climate change is a global issue, affecting
all nations and organizations equally, action must start at the state, the
organization, unit, and even the individual level.
State Sovereignty and Climate Change Action
The effects of climate change on natural resources are crucial to our
understanding of state sovereignty in the modern world and the international
system that depends on it. Rising sea levels and the extreme weather
conditions, endangering the habitually of land and human rights like right to
self-determination are the damages caused by climate change. International
human rights law and customary international law both apply to extraterritorial
activities taken to protect the economic, social, cultural, and civil liberties
that climate change affects. The legal
and political structure of state sovereignty that mediates the vertical
relationship between the state and its citizen is shaped by the framework of
international law.[19]
Supply chains, IT infrastructures, and multilateral agreements are
examples of reciprocal and interconnected networks. Due to its many unknowns,
ambiguous effects, and ever-evolving concerns, climate change is a pernicious
problem with threats and challenges that are frequently equally complicated.
There are numerous well-known dangers to the current global order today. The
effects of climate change on food and water resources, as well as the effects
of these changes on nation states’ sovereignty, are stressors that have
received relatively little attention. For a country’s internal dynamics,
climate change has major repercussions.[20]
Few countries believe that the goals and objectives of combating climate change
significantly exceed and conflict with their own national aspirations. The
Brazilian president’s treatment of the Amazon forest serves as a good
illustration. The concept of total and exclusive sovereignty has become
outdated and never matched reality according to Boutros-Ghali, a former UN
Secretary General. And that the G20 countries do not fulfil their climate
change protocols commitments. As these protocols limit a state’s ability to
make its own decisions about the economy, industry and the people, in other
words it poses a threat to its sovereignty.[21]
The Paris Agreement sets a limit of global warming below 2 degrees
Celsius above pre-industrial levels and preferably to 1.5 degree Celsius and
coal era is gradually ending under its protocols. Australia as the largest
exporter of coal in the world, if blocked coal extraction then it may result in
thousands of jobs cut where coal royalties for Queensland have approached $4
billion in 2019. The elections in Australia gets a deciding factor based on
mining policy which is evident when we look at the present government which is
doing the bare minimum on climate change. Holding a hunk of coal Prime Minister
Scott Morrison, in 2017, declared in parliament ‘don’t be scared’ which
resulted in protests declaring climate change a hoax. It is also a devastating
blow to those employed in mine, shipping coal to ports, and delivering it to
the world’s biggest consumers of coal, China, India, Japan, and South Korea.
Similar circumstances exist in Poland, where restricting coal extraction for
environmental reasons may legitimately affect election outcomes.[22]
The Amazon forests, which serve as the planet’s lungs and collect
carbon dioxide38 while supporting life there, are found in Brazil. The timber
industry is a significant source of revenue, and the cleared land is planted
and prepared for habitation. Both are incompatible; if Brazil works toward the
global good by complying to climate protocols and rules, it will have a
negative impact on its local population. There are uprisings against climate
policies that are deemed to meddle with the internal affairs of sovereign
states and undermine national interests. On the other hand, Jair Bolsonaro, the
president of Brazil, is attacked internationally for failing to take action
about the Amazon forests and converting carbon sinks into carbon sources there.[23]
Power, territory, population, and recognition are the four components
that make up the modern concept of state sovereignty. In addition to the right
to territorial integrity, the right to self-defense, the ability to freely
choose one’s political and social system, and the right to international
personality (a characteristic of a subject of international law), state
sovereignty also includes the right to self-defense. Although disputed, it is
widely acknowledged that climate change is increasing the strain on a state’s
natural resources and endangering both state sovereignty and a stable
international order. States have a certain amount of power when it comes to
addressing climate change. The standing of state sovereignty in domestic
matters may be weakened by regulations that are enforced and are likely to be
put into place over the course of the next few decades as a result of global climate
action.
In terms of state sovereignty, states are indivisible social structures
that are invisible in the natural world. In the dynamic structure of the
planet, the state is an obstinate and arbitrary point of reference. The
normative framework that underpins power is put in a difficult situation on the
inside as a result. In the case of climate change, this entails a self-directed
reorientation of how we perceive our neighboring nations as well as a novel,
knowledgeable understanding of the position of the human social order as a
whole as a subset of the natural world.[24]
Because of indirect measures restricting greenhouse gas emissions and the
impacts of climate change, the stage on which the concert of international
relations takes place is changing, as is the role of the actor in which states
feel threatened.
A state must have a defined region that its citizens may occupy in the
area of human security, as per the Montevideo Convention on the Rights and
Duties of States. International law has difficulty addressing threats to state
sovereignty islands like Tuvalu, the Maldives, and Kiribati as a growing human
security issue because of the increasing sea levels brought on by climate
change. The effectiveness of present international environmental and human
rights law in defending human security concerns and state territorial integrity
is limited. As potential solutions to reconcile human security and respect for
state sovereignty, the UN should examine the use of artificial islands, land
acquisition, and individual or collective resettlement.[25]
To explain why the climate emergency is big, complex, and vital to
human survival—and why it can only be solved if all countries give up their
separate interests and pay attention to it now—nations must articulate climate
geopolitics. Campaigns, national economic interests, and human security
concerns drive perceptions of global vulnerabilities against the backdrop of
climate skepticism The state’s interest provides the foundation for both
liberal and realistic interpretations of state conduct and the likelihood of
global cooperation. The books “Losing Earth” by Nathaniel Rich and “Climate Wars” by Gwynne Dyer both make the case that, despite global appeals and in
accordance with established legislation based on empirical scientific data,
states prioritize their national interests. Therefore, the legal provisions
found in the climate protocols have a significant impact on not just the state
but, more significantly, human security. In the socio-political sphere, Fridays
are days of climate action protests and poor people’s demonstrations when
climate change threatens their way of life. Workers at carbon-emitting
manufacturers, drillers, and mills are certain that the policy will be
detrimental to them.[26]
Pakistan, whose little contribution to global emissions places it among
the top ten most vulnerable nations to climate change, is the case. The Ten
Billion Tree Tsunami (TBTT) initiative, the issuance of green bonds, the
Recharge Pakistan program, improvements in water conservation, a reduction in
carbon emissions, etc. are only a few of the actions Pakistan has made, but
they are not enough to spur climate action. Participation from the nations with
higher carbon footprints is becoming increasingly necessary. If we want to
ensure a brighter future for the coming generations, we must go past band-aid
solutions and take global, all-inclusive climate action. The findings of the
research paper demonstrate that climate change is a fact. The sooner
governments put this into practice at the state level via a system of mutual
obligation and at individual level by incorporating climate science into
policy-making, the better. Participants in the COP agreed that while climate
change action is slow; it is still not too late. Therefore, there are numerous
causes of slowdown on a worldwide scale. State sovereignty stands out as the
most significant of these. While the developed world must commit to taking
global action to combat climate change, developing countries continue to
struggle to exercise their power. However, there is apprehension about further
participation of the developed world and international bodies in the problems
of the underdeveloped world despite the convergence of interests on action
against climate change.
Conclusion
The availability of global media and the increasing interconnected
world shows that the international community has a greater role to play in
addressing climate change. The developed nations and the global actors are
working to address this threat through international institutions, the
international community as a whole also needs to be involved. The need for a
well established mechanism for climate change action which respects the
sovereignty of vulnerable states must be developed. Any solution we implement
must include the meaningful participation and empowerment of those who are most
affected by climate change, especially those who are already marginalized
economically and politically. Developing an effective climate change action
plan requires inclusion and mutual consultation. The greatest threat to our
planet is posed by humans which is why the humans together can manage the
unavoidable and avoid the unmanageable.
[3] H. Steinberger, “Sovereignty,”in R. Bernhardt
(ed.), Encyclopaedia of Public International Law, vol. 10 (1987), 397.
[5] Luiz Carlos Bresser-Pereira, “Globalization, Nation-State and Catching Up” (2008) 28 Revista de Economia Política 4.
[8] “Goal 13: Climate Action,” UNDP, 2016, available at https://www.sdfinance.undp.org/content/sdfinance/en/home/sdg/goal-13--climate-action.html (accessed on October 2, 2023).
[10] Francesco Femia and Caitlin E. Werrell, “Climate change, the erosion of state
sovereignty, and world order,” in Epicenters of Climate and Security: The
New Geostrategic Landscape of the Anthropocene, ed. Caitlin E. Werrell and
Francesco Femia (The Centre for Climate Security, 2017) 11-19.
[16] King Mswati III, “Statement by His Majesty King Mswati III Head of State of the
Kingdom of Eswatini During the General Debate of 73rd Session of the United
Nations General Assembly” (September 26, 2018), available at https://gadebate.un.org/sites/default/files/gastatements/73/sz_en.pdf (accessed on October 2, 2023).
[17] “Ghana - President Addresses General Debate, 74th Session - YouTube,” available at https://www.youtube.com/watch?v=glcD6npvdn8 (accessed on October 2, 203).
[18] “Seychelles - President Addresses General
Debate, 74th Session - YouTube,” available at https://www.youtube.com/watch?v=sdQ5p9v_84c (accessed on October 2, 203).
[25] Stefanie Jansen, “International Law and the Criteria for Statehood,” available at https://arno.uvt.nl/show.cgi?fid=121942 (accessed on October 3, 2023).
[26] IMF, “The Economics of Climate,” December
2019, available at https://www.imf.org/external/pubs/ft/fandd/2019/12/pdf/fd1219.pdf (accessed on October 7, 2023).