Misgivings on Ratifying the Paris Agreement on Climate Change

(An Essay)

There has been a steady rise of environmental movement since the 1960’s. Many
believe that the reason for this was a photo of the Earth taken from outer space in
1969, which highlighted the frailty and vulnerability of our planet. Thus, a significant
change in values took place and the call for environmental protection made huge steps
(The Rise and Fall of the Kyoto Protocol: Climate Change as a Political Process, Eija-
Riitta Korhola, 2014).

Consequently, climate change and its effects became the foremost concern of first,
the scientists, then the countries and states, and became a worldwide phenomenon
by 1990. In fact, some of the most notable documents and agreements regarding
climate change were: The United Nations Framework Convention on Climate Change,
1992 (UFCCC); The Kyoto Protocol, 1997; and the most recent, The Paris Agreement
on Climate Change, 2015.

As a matter of fact, the Philippines is a signatory to all three of the above-mentioned

agreements, albeit reluctantly in the case of the Paris Agreement. President Rodrigo
Duterte had strong misgivings in ratifying the agreement but was persuaded by a
majority vote of his Cabinet. At the crux of the President’s reservations were two
things: first, the lack of sanctions and trade restraints for violations of the treaty; and
second, the pressure to limit carbon emissions when the Philippines needs such to
industrialize.

This student shares President Duterte’s doubts whether being a signatory to the Paris
Agreement is ultimately for the Philippines’ best interests. This student shall
endeavour to discuss her views and the bases for her hesitations regarding the
ratification of the Paris Agreement.
Indubitably, scientific evidence is available to show that humankind has, by burning
fossil fuels and by changing land use, caused a marked increase of greenhouse gas
concentrations, which has detrimental impact to the land, atmosphere and oceans.
The potential impacts of climate change are: the world’s oceans have become warmer
and at the same time more acid; mountain glaciers have retreated; and overall sea
levels have risen. Besides global warming, it is predicted that the hydrological cycle
will change. There is high probability that heavy rainfall will become even heavier
leading to increased flooding. At the same time, dry spells would become longer and
more intensive; which will upset the biodiversity of oceans. That will in turn, adversely
affect water and food security, as well as, availability of electricity and
communications, and the destruction of infrastructures (International Environmental
Law-making and Diplomacy Review 2010, ed. Ed Couzens and Tuula Honkonen,
University of Eastern Finland – UNEP Course Series 10, 2011).

In addition, the Philippines being a small island developing state (SIDS), it would be
highly vulnerable to the effects of climate change, and its survival might even be
threatened, as confirmed by the 2001 Intergovernmental Panel on Climate Change
(IPCC) Third Assessment report. The report details that SIDS will experience losses
of land, economic losses, cultural disruptions and some may ultimately cease to be
habitable. Driving these adverse effects will be slowly rising sea levels, more intense
and frequent extreme events, salt contamination of freshwater resources, and
depleted inshore fisheries (The issue of 'Adverse Effects and the Impacts of Response
Measures' in UNFCCC by Jon Barnett, Tyndall Centre for Climate Change Research
Working Paper 5, July 12, 2001).

This being the scientific scenario, it is inevitable that world leaders would become
conscious of environmental problems and devise solutions for it. Thus, climate change
conventions and agreements are created. Therefore, scientific data on climate change
provides the basis for climate politics and ushers international policy-making.
While it is true that there is a movement for environmental protection, it is undeniable
that nations, States, policy-makers, corporations, and consumers are the ones mostly
responsible for activities which have caused climate change, and who should therefore
be mostly responsible to take action for its mitigation.

In fact, there already exists a number of shared and accepted principles in the
international arena that could be drawn upon to provide as value basis for the ethics
of climate change. Most notable on the list are: the precautionary principle; the
principle of common but differentiated responsibilities; the principle of safeguarding
and promoting the interests of the present and future generations; the principle of
protecting human rights; the principle of equitable access to medical, scientific and
technological developments as well as the greatest possible flow and the rapid sharing
of knowledge concerning those developments and the sharing of benefits, with
particular attention to the needs of developing countries; the principle that the cost of
pollution should be borne by the polluter; and the principle of sustainability, in
connection with development.

However, even with the issue at stake and the internationally accepted principles in
place, it is still difficult to achieve a unity and coordination of responses between and
among States, to adequately respond to the challenges of global climate change
because they are divided by different geographical locations, interests and political
agendas (The Ethical Implications of Global Climate Change, A Report by World
Commission on the Ethics of Scientific Knowledge and Technology (COMEST), 2010).

It is also noteworthy that up to date, there has been no visible changes in the current
trend in climate change regime, leading one to infer that the UNFCCC and
International Frameworks are inadequate. The litigation mechanism is as yet
insufficient since there has been no successful climate claims against superpowers
like the US. In addition, there is the unbalanced scenario between SIDS and
developed countries, specifically with respect to emissions reductions.
Is it any wonder that this student has strong and contradictory opinions regarding the
Paris Agreement on Climate Change?

References:

1. The Rise and Fall of the Kyoto Protocol: Climate Change as a Political Process
by Eija-Riitta Korhola, 2014
2. International Climate Change Negotiations: Morality Tale or Bargaining for
Mutual Advantage? LSE China Lecture Series by Luc Bovens, Beijing, 29
October 2012
3. International Environmental Law-making and Diplomacy Review 2010, Ed
Couzens and Tuula Honkonen (editors), University Of Eastern Finland – UNEP
Course Series 10, 2011
4. The Ethical Implications of Global Climate Change, A Report by World
Commission on the Ethics of Scientific Knowledge and Technology (COMEST),
2010
5. The issue of 'Adverse Effects and the Impacts of Response Measures' in
UNFCCC by Jon Barnett, Tyndall Centre for Climate Change Research
Working Paper 5, July 12, 2001
6. Climate Reparations by Maxine Burkett