CLIMATE CHANGE: AN ANALYSIS OF CAUSES, EFFECTS, AND ACTIONS BY

THE UNITED NATIONS

R. Subramanian
Advocate and Part-Time Research Scholar
The Tamilnadu Dr. Ambedkar Law University, Chennai,
India.
Email: [email protected]

1. Introduction

After the advent of industrial revolution, machines dominated the economic and other
activities of mankind. A world battered by two world wars embarked on rapid
industrialisation through modern methods of production and transportation thus causing grave
environmental pollution. Very heavy dependence on petrol and diesel for production and
transportation/travel added to the predicament. Use of more and more chemical compounds
as fertilisers and insecticides started changing the very nature of the earth. All these
developments wrought havoc on the environment. Environmental degradation, which was
unknown till the nineteenth century became all pervasive and started threatening the very
existence of life on mother earth. This is a completely a man-made phenomenon. The
following are the disastrous results witnessed by the mankind today.

 From the year 1880 to 2012, the average global temperature has increased by .85ºC
 Oceans have warmed and the amount of snow and ice have diminished in the earth
 From the year 1901 to 2010 global average sea level has risen by 19 centimeters.
 The Arctic Sea ice has shrunk at the rate of 1.07 X 106 km2

If this trend goes unchecked, unimaginable environmental disaster would follow.

However, luckily, the world started awakening to the impending disaster and imitated several
measures to save the mankind. The United Nations Organization conducted the conference on
Human Environment in the year 1972. Much water has flowed since then and both the UNO
and the member nations have made rapid strides in the area of environmental protection and
climatic change. As of today, there are about 75 regional/international instruments in the
field of environment/oceans/Antarctica/use of substances. Due to the combined effect of all
the measures taken by the mankind, considerable headway has been made in arresting
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environmental degradation. This paper attempts to trace the various developments in the field
of environmental protection and other issues connected with climate change.

2. Definition of Climate Change

Encyclopaedia of Britannica defines Climate change as periodic modification of

earth's climate brought about as a result of changes in the atmosphere as well as interactions
between the atmosphere and various other geologic, chemical, biological, and geographic
factors within the earth system1

3. Causes of Climate Change

Climate Change or global warming as it is more popularly known is due to the

" Greenhouse effect “. Global warming results when the atmosphere traps the heat radiating
from earth towards space 2. The natural tendency of the heat is to go upwards, that is, once it
emanates in the earth, the heat should ultimately travel to the space. In that event, the heat
won't remain in the earth causing global warming. However, certain gases in the atmosphere
block heat from escaping. These gases, till they remain within permissible limits, do not
become causes for climatic havoc, but when due to unbridled production and transportation
activities of the mankind, the production of these gases exceed beyond reasonable limits, the
ecosystem suffers badly and this results in the climate change. So, in order to avert climatic
changes and maintain the earth habitable it becomes very essential to control the production
of these gases, more popularly known as Greenhouse Gases. Clause 5 of Article 1 of United
Nation’s Framework Convention on Climate Change (UNFCCC) defines Greenhouse gas as,
“those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb
and re-emit infrared radiation”. The following have been classified as Greenhouse gases by
Annexure A to Kyoto Protocol.

1. Carbon dioxide (CO2)

2. Methane (CH4)
3. Nitrous oxide (N2O)
4. Hydrofluorocarbons (HFCs)
5. Perfluorocarbons (PFCs)
6. Sulphur hexafluoride (SF6)

1
https://www.britannica.com/science/climate-change
2
https://climate.nasa.gov/causes/
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In effect, averting of climate change lies in control of these Greenhouse gases. This is
sought to be achieved through the Convention on Climate Change and other subsequent
instruments.

4. The United Nation’s Framework Convention on Climate Change (UNFCCC)

4.1. Prelude: Declaration on Human Environment, 1972

This was the first attempt made on a global scale in the field of environmental protection.
A conference was held at Stockholm in June, 1972 under the auspices of United Nations. The
Conference adopted twenty-six principles broadly on the following lines:

i. The earth's natural resources, air, water, land, flora and fauna should be kept
unpolluted for the use of future generations.
ii. Marine pollution should be avoided. Poisonous wastes should not be dumped into the
sea so as to harm marine life.
iii. No country should so use its resources as to harm the environment of other countries.
Principles of international law should be developed to cover liability for such damage.

Stockholm conference declared 5th June of every year as World Environment Day.
The Stockholm conference also produced an action plan which envisaged a global
environmental assessment programme known as Earth Watch. Each member country is part
of this programme. Global agencies to monitor the environment were also envisaged.
Technical data relating to the variables in the atmosphere are to be collected. The action plan
also envisaged environmental management through which the side-effects of human activity
viz-a-viz environment was sought to be offset. The conference also recommended the
prohibition of nuclear tests in the atmosphere. Environmental Governing Council was also
envisaged. Further, the United Nations set up a 58-member committee with a secretariat of its
own to coordinate environmental actions. This is called United Nations Governing Council
for environmental programme.

Further to Stockholm conference, the following developments took place at UNO in

the area of environmental protection:

1. Vienna Convention for the protection of the Ozone layer was held in 1985.
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2. Montreal Protocol on Substances that deplete the Ozone Layer was held in 1987
which was adjusted and amended on 29th June, 1990.
3. The General Assembly passed resolutions on protection of global climate for present
and future generations of mankind in the years 1988,1989,1990 and 1991. There was
also a resolution at the United Nations Conference on Environment and Development.
4. The General Assembly further passed resolution on the implementation of the Plan of
Action to Combat Desertification and possible adverse effects of sea-level rise on
islands and coastal areas in 1989
5. The Ministerial Declaration of the Second World Climate Conference was adopted on
1990.

4.2. The Convention -UNFCCC

After maneuvering for over a period of twenty-two years as mentioned hereinabove,
the United Nations finally adopted the United Nation’s Framework Convention on
Climate Change (UNFCCC) on 9th May, 1992 and it came into force on 21st March, 1994.
The Convention has twenty-six articles and two annexures.

Article 1 of the Convention defines the various clauses in the Convention

Article 2 defines the objectives. The objective of the Convention is defined as

stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent
dangerous anthropogenic interference with the climate system to be achieved within a time to
allow ecosystems to adapt naturally to climate change to ensure that food production is not
threatened and to enable economic development to proceed in a sustainable manner. To put it
simply, since greenhouse gases are the main cause for climate change the member nations
should strive to keep the greenhouse gases within permissible limits.

Article 3 defines the principles. The salient points of this article are stated below:

1. The parties should protect the climate system for the benefit of the present and
future generations. The developed countries have greater role than the
developing countries.
2. Consideration should be given to the developing countries that have to bear
abnormal burden under the Convention. Developing countries have no fixed
targets to meet since due to their very nature and economic background, they
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cannot embark on massive cut in industrial production for reducing

greenhouse gas production.
3. Parties should undertake precautionary measures to anticipate, prevent or
minimize the causes of climate change and mitigate its adverse effects.
4. Parties should promote sustainable development.
5. Parties should cooperate to promote a supportive and open international
economic system that would lead to sustainable economic growth and
development in all parties especially developing country parties.

Article 4 lists the commitments given by the member states towards reducing
greenhouse gases. Since this is the most material part of the Convention and forms the
foundation of the Convention it is worth briefly analyzing the contents below:

The following commitments are applicable to all parties:

i. Publication of quantitative data of greenhouse gases by the member countries.

ii. Formulating and publishing regional programmes for mitigating climate change
iii. Promotion and transfer of technologies to control anthropogenic emissions of
greenhouse gases.
iv. Promotion and management of sinks and reservoirs of all greenhouse gases not
controlled by the Montreal Protocol.
v. Cooperation in preparing for adaption to the impacts of climate change and develop
appropriate plans for coastal zone management, water resources and agriculture and
protection and rehabilitation of areas, particularly in Africa which is affected by
drought and desertification and floods.
vi. Including climate change consideration in the member countries’ social, economic
and environmental policies and employ appropriate methods for minimizing adverse
effects on economy, public health, environment, etc.
vii. Developing, cooperating in and exchanging scientific, technical and socio-economic
and other research related to climate system.
viii. Promoting and cooperating in education, training and public awareness related to
climate change
ix. Communicating the various measures to the conference of parties
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Apart from the above commitments applicable to all parties, the following
specific commitments are applicable to the developed countries enumerated in
Annexure I of the Convention.

i. Adopting policies to limit the anthropogenic emissions of carbon dioxide and other
greenhouse gases not controlled by Montreal Protocol to the previous levels by the
end of the decade. These policies and measures shall demonstrate that developed
countries are taking the lead in modifying longer-term trends in anthropogenic
emissions consistent with the objective of the Convention. Calculations in this regard
should be according to best scientific methods
ii. The developed countries will communicate the steps taken in accordance with above
clause first within six months and then periodically. The progress made in this regard
will be reviewed by the conference of the parties.
iii. The conference will review the measures initiated by the developed parties in its first
session and consider amendments to the commitments made by the developed parties.

The Convention further provides that the developed country parties enumerated in
Annexure II will provide new and additional financial assistance to meet the agreed full costs
incurred by the developing country parties in complying with their obligations regarding
communication to the conference under Article 12 of the Convention.

4.3. The Mechanism of UNFCCC

UNFCCC strives to achieve its objectives of stabilization of greenhouse gases through

a self-contained mechanism which is briefly discussed below:

Article 5 details the research and observation aspects. Article 6 details the education,
training and awareness aspects, both at national and international levels. Article 7 mandates
the periodic conduct of conferences to review the performance of UNFCCC and exchange of
information among the member nations and coordination for achieving the objects of the
convention. Article 8 establishes a separate secretariat for UNFCCC. Articles 9 and 10
establish subsidiary bodies for tendering scientific and technological advice and reviewing
the performance of UNFCCC respectively.
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Article 11 deals with the Financial Mechanism. The article provides that the
modalities for funds either through grants or concessional finance are to be worked out in an
equitable way by the parties.

Article 12 details the mode and method of communication. The parties shall
communicate through the Secretariat. All the members are mandated to furnish a national
inventory of anthropogenic emissions by sources and removals by sinks and also a general
description of steps taken or envisaged to implement the Convention

Developed nations are mandated to include the following in their communication:

1. A detailed description of the policies and measures adopted to

implement the commitments.
2. A specific estimate of the effect of the policies on the anthropogenic emissions
3. Detailed measures taken under Article 4 relating to financial and technological
commitments of developed countries towards developing countries.

The developing countries may, on a voluntary basis, propose projects for financing
giving full details.

The timeframe stipulated for the developed countries to make the initial
communication is six months from the date of coming into force and three years for
developing countries. Thereafter the communications shall be made at the frequency to be
decided by the conference of the parties. Developed countries are mandated to assist the
developing countries in compiling and communicating the information including the
proposed projects. Joint communication by parties is permitted. It is also stipulated that the
information received by the Secretariat from the parties specified as confidential shall be kept
as confidential information, but other information can be made public.

4.3.1. Settlement of disputes among the parties

Disputes resolution is elaborated under Article 14 of the Convention. As per this

Article, the parties should try to resolve the disputes among them first through negotiations.
The second option available to non-regional economic integration parties is approaching
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International Court of Justice or through arbitration. A regional economic integration party

can seek arbitration for resolving disputes with other parties. The disputes may relate to the
interpretation or application of the Convention. If the dispute remains unresolved, the final
option is conciliation through a conciliation commission. The commission shall be composed
of an equal number of members appointed by each party concerned and a chairman chosen
jointly by the members appointed by each party. The commission shall render a
recommendatory award, which the parties shall consider in good faith.

4.3.2. Amendments to the Convention

The procedure for amendment to the Convention is provided under Article 15. This is
briefly discussed below:

1. Any Party may propose amendments to the Convention.

2. The amendments shall be adopted at an ordinary session of the Conference.
Six months’ prior notice is required for proposed amendments.
3. The parties shall try to reach agreement on amendments. If no agreement is
reached, three-fourth majority of those members who are present and voting is
needed for carrying the amendment. The two annexures to the Convention can
also be amended in a similar way.
4.3.2. Other provisions in the Convention
1. The Conference of the Parties may anytime adopt protocols to the Convention.
(Article 17)
2. Each party shall have one vote. Regional Economic Integration Organizations,
shall have as many votes as their numbers. If individual members decide to
vote, these organizations shall not vote (Article 18)
3. Secretary General of the United Nations shall be the depository of the
convention and any protocol (Article 19)
4. Interim arrangements are dealt with under Article 21.
5. Annexure I is the list of developed country members. Annexure II the list of
developed country members who are to bear the additional costs incurred by
the developing country members in implementing the Convention provisions.
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5. Developments further to the coming into force of the Convention

It could be seen that UNFCCC is a broader agreement without specific binding

commitments from the developed member countries. The specific commitments by
developed national were made in Kyoto Protocol which was adopted on 11th December, 1997
and became effective on 16th February, 2005. This operationalised the UNFCCC. The
Protocol had 192 parties. Annexure B to Kyoto Protocol quantified emission limitation or
reduction commitment of the developed countries3 . As per this protocol, the developed
countries should limit/bring down the level of greenhouse gases by at least five percent of the
emission levels in the base year. Separate reduction target to various countries have been
given in Annexure B. For most Parties, 1990 is the base year for the national Greenhouse gas
inventory and the calculation of the assigned amount. However, five Parties – Bulgaria,
Hungary, Poland, Romania and Slovenia have elected under a decision by the conference of
parties to use an alternative base year as stated below:
1. Bulgaria: 1988;
2. Hungary: the average of the years 1985 –1987;
3. Poland: 1988;
4. Romania: 1989;
5. Slovenia: 1986.
The period for meeting the commitments was from the year 2008-2012. Subsequent to
Kyoto Protocol, a conference of the parties was held in Cancun, Mexico in 2010. This
conference decided to reduce the climate change by 2ºC to pre-industrial levels. Further
conference was held in Doha in the year 2012 in which the period of Kyoto Protocol was
extended from 2012 to 2015. This was followed by Paris agreement in the year 2015. The
Paris agreement further strengthened the revolve of the parties to reduce the increase in
global temperature levels to 2ºC above pre-industrial levels and even contemplated a further
reduction of increase to just 1.5 ºC above pre-industrial levels. This agreement aims to
strengthen the ability of countries to deal with the impacts of climate change. Financial flows
and technology transfer to developing countries are also contemplated. Another conference
on Climate change scheduled to be conducted in 2020 was rescheduled between 1 st and 12th
November,2021 due to Covid-19 pandemic. The conference was held in Glasgow in United
Kingdom was known at COP26. The following were the further developments in the
conference4.
3
https://unfccc.int/sites/default/files/resource/docs/cop3/l07a01.pdf#page=24
4
https://unfccc.int/process-and-meetings/the-paris-agreement/the-glasgow-climate-pact-key-outcomes-from-
cop26
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1. Glasgow Climate Pact was adopted by the nations. 2020s were sought to be turned
into a decade of climate action and support.
2. It was resolved to strengthen efforts to build resilience to climate change.
3. Nations further resolved to curb greenhouse gas emissions.
4. Provision of necessary funds for the above purposes.
5. Developed nations to provide 100 billion dollars to developing nations annually
6. The gaps in emission reduction plans to be reduced.
7. Raise in the global average temperatures to be limited to 1.5 degrees.
8. Nations were called upon to phase down coal power and subsidies to fossil fuels.
9. Paris agreement’s rule book was completed
It has been resolved to hold the Twenty seventh conference of the parties in Egypt
from 7th November, 2022 to 18th November, 2022 and the twenty eighth at United Arab
Emirates from 6th November, 2023 to 17th November, 2023.

6. Developed vis-a-vis developing countries under UNFCCC

UNFCCC casts the onus on developed countries to lead the way in reducing
greenhouse gases because they are the source of most of past and current greenhouse gas
emissions. These countries are called Annex I countries and belong to the Organization for
Economic Cooperation and Development (OECD). These countries were expected to reduce
emissions to 1990 levels by the year 2000. Further, under the UNFCCC, developed countries
have agreed to support climate change activities of developing countries by providing
financial support and sharing technology.

The main difference between the developed and developing countries in their
responsibilities under UNFCCC is that whereas the developed countries have to provide
measurable, reportable and verifiable mitigation commitments or actions including quantified
emission limitation and reduction objectives ,the developing countries are only to initiate
appropriate mitigation actions .No specific commitments have been given by developing
countries because, reduction of industrial activities to reduce greenhouse gases would impair
their development. Developing countries have been urged to reduce emission from
deforestation and forest degradation.
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7. Melting of Antarctica

Antarctica is an ice-covered landmass. It is at the South Pole with about 90 percent of

the world's ice and 70 percent of its fresh water remaining there. Its normal temperature is
-67ºF (-55 º C) It has an average ice coverage of 2,133 meters (7,000 feet) thick. If all of the
Antarctic ice melted, sea levels around the world would rise by about 61 meters (200 feet). In
the last 50 years, significant warming has occurred over most of west Antarctica. This
warming exceeds 0.1 °C/decade in the last 50 years, and is strongest in winter and spring.
This is partly offset by fall cooling in East Antarctica 5. At one point of time, it was thought
that due to global warming, by the year 2100, sea levels could raise by about by about three
feet due to the melting of Antarctica, but latest studies have revealed that under the worst
scenario, Antarctica could contribute only to a raise of about three to sixteen inches 6. Even
this figure is not confirmed. Also, during some seasons, the atmospheric temperature raises
even up to 18 º C due to meteorological factors, but the overall effect of this factor is not that
significant7. It is therefore felt that through due to global warming Antarctica’s ice has
started melting over the current and previous centuries, yet, the melting has not reached that
alarming level as in the case of ozone depletion and atmospheric pollution.

There are four international instruments on Antarctica. They are:

1. Antarctic Treaty, 1st December, 1959

2. Convention for the Conservation of Antarctic Seals, 1st June, 1972.
3. Convention on the Conservation of Antarctic Marine Living Resources, 20 th
May, 1980
4. Protocol to the Environment Protection to the Antarctic Treaty, 4th October,
1991

8. Erosion of Seashore

Coastal Erosion is caused by the compounding factors of waves and currents, extreme
weather events like coastal storms and surge and flooding and tsunami. When waves and
currents have strong intensity, they tend to attack the landforms which are normally out of
their reach. This results in coastal erosion. This also results in undercutting of cliffs and steep

5
http://climatechangepsychology.blogspot.com/2009/01/eric-j-steig-temperature-in-west.htm l
6
https://www.nationalgeographic.com/environment/2019/02/antarctic-greenland-ice-melt-less-bad/
7
https://earthobservatory.nasa.gov/images/146322/antarctica-melts-under-its-hottest-days-on-record
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slopes and results in mass wasting. Heavy rainfall can also cause saturation of soils which
will ultimately lead to landslides/coastal erosion. When the washed away shoreline material
is not balanced by new material being deposited onto the shoreline, this results in erosion of
seashore. Coastlines undergo natural periodic cycles of erosion and accretion on time-scales
of days to years. However, when there is a severe human intervention adversely affecting the
natural process, unmitigated coastal erosion takes place. For example, construction of coastal
structures can cause serious harm to natural balance. In a recent judgment, the Hon’ble
Supreme Court of India ordered the demolition of structures in Kochi that were constructed
violating the coastal zone regulations. This is a great step in preserving coastlines.
Unchecked dredging and sand mining which is not balanced by natural accretion results in
coastal erosion. Climate change is also a cause in coastal erosion.

As far as India is concerned, according to the Ministry of Environment, 40% of India’s

coastline is subjected to low, medium or low coastal erosion. About 89% of shoreline of
Andaman and Nicobar Island is eroded by Bay of Bengal. Goa is reported to have the highest
percentage of stable coastline and with 62% accretion to coastline, Tamilnadu has gained
coastline8.

Coastal erosion can be prevented in a natural way by improving vegetation along the
coastline. Man-made factors like sand mining and dredging should be strictly regulated.

9. Forest fire in Australia and Amazon Forests

9.1. Forest fire in Australia

The recent forest fire in Australia (years 19-20) that has burnt about 18 million hectares of
forest and has burnt about 5900 buildings is another environmental disaster that has
compounded the already depleting green cover. Forest fires are not a new phenomenon and is
known for ages. It is mostly caused by lightning striking a “build-up area” which is abound
with dry forest materials after a long dry season and before a wet season. One way to avoid
forest fires is to cause a deliberate low intensity fire after a dry season by burning selective
materials. This has less devastating effect on the understorey vegetation. This selective fire
creates a layer of burnt areas over unburnt areas thereby reducing the devastating the effect of
lightning. This method has been followed from times immemorial. Scientists say that global
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https://byjus.com/free-ias-prep/public-service-commission/
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warming is lengthening the country’s summers and making them increasingly dangerous,
with shorter winters making it more difficult to carry out bushfire prevention work. Thus,
global warming is responsible for intense forest fires in Australia. The following are the
devasting effects of intense forest fires in Australia.9

 1000s of homes destroyed

 30 people died
 20% of Australia’s forests burned
 1 billion animals perished.

9.2. Forest fire in Amazon forests

The frequency of forest fires in Amazon forests has also increased recently. This is all the
more alarming given the fact that Amazon is crucial in fighting global warming since it has a
great ability to absorb carbon from the atmosphere. It is estimated that twenty percent of
world’s oxygen is produced in Amazon forests. Unlike Australian forest fires, the Amazon
Forest fires are said to be induced by man-made factors. Deforestation is one such factor.
Farming, mining and drilling are said to be other factors. The solution to this is eliminating
man-made factors and preserving the natural forests.

10. Conclusion and Suggestions

10.1. Conclusion

1. It is universally acknowledged that the environment, oceans and poles have been
devastated by man-made factors. Thankfully, the world has woken up to the situation and
over the past fifty years several international/regional instruments have been created and
ratified by the member countries. However, the efficacy of these on the climate change is
highly debated. While some argue that much awareness has been brought on the need to
contain Greenhouse Gases, others argue that tangible progress is yet to be made. Recurring
forest fires, increasing temperatures across the globe, erosion of shores, etc. prove the point
that though there is a vast addition to climate law, yet, pulpable effects have not shown up.

2. The mechanism for implementing various commitments is loose. Penalties have not been
provided for slippages in implementing various commitments. Also, the members are even

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The New Indian Express, Chennai Edition dated 26.05.2020 at Page-12
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free to walk out of the treaties without any consequential effect. This defeats the very purpose
of the treaty obligations.

3. The time gap between review conferences is too long.

4. There is no imminent threat to Antarctica’s ice.

10.2. Suggestions

1. UNFCCC and related protocols/treaties should be amended suitably to include penalties

for failure to implement the commitments. The sums realised by way of penalties should be
credited to UNFCCC finances.

2. Monitoring process should be strengthened.

3. Frequent Conferences of the parties should be held to review various developments

connected with UNFCCC.

4. The nations should embark on sustainable development. If ancient India’s ideal of simple
and purposeful living is achieved throughout the globe, the world will once again become
abundant with mother nature’s wonderful peace and serenity.

***

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 15

5. Sumudu Atapattu, Human Rights Approaches to Climate Change: Challenges and

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Webliography

1.https://unfccc.int/sites/default/files/resource/docs/cop3/l07a01.pdf#page=24

2.https://www.un.org/en/sections/issues-depth/climate-change/

3.https://unfccc.int/news/how-developing-countries-are-scaling-up-climate-technology-action

4.https://unfccc.int/resource/docs/2007/cop13/eng/06a01.pdf

5. http://climatechangepsychology.blogspot.com/2009/01/eric-j-steig-temperature-in-
west.html

6.https://www.nationalgeographic.com/environment/2019/02/antarctic-greenland-ice-melt-
less-bad/

7.https://earthobservatory.nasa.gov/images/146322/antarctica-melts-under-its-hottest-days-
on-record

8.https://byjus.com/free-ias-prep/public-service-commission/

***