Climate Change and National Security « Legal Planet: Environmental Law and Policy

Dan Farber reviews a recent paper by Andrew Guzman and Jody Freeman:

Climate Change and National Security « Legal Planet: Environmental Law and Policy.

I recommend the paper as well: Guzman and Freeman. It is not new but might be something to think about given Romney’s comments about climate change in his nomination speech.

Course Notes – IL & GEP: Equity and climate change governance

My students in both classes have been focusing on climate change governance this week. One of the key themes that emerges is the question of equity. Does fairness matter here? (A question I won’t directly address because it is a take-home exam question!). What are the politics of equity and how does that translate into legal texts? As one student posted on my International Law blog:

I would argue that the concept of equity and how to measure it is the underlying issue.

A great source on these issues is Parks and Roberts’ 2008 article, “Inequality and the global climate regime.” Inequality, they note, is relevant to the interests of states who vary in their production of emissions and their vulnerability to climate change, and their capabilities for action on climate change issues (decision-making power in international regimes, for instance).

What are the prospects for collaboration on climate change given such inequalities? As one of my students noted, there are mechanisms for side payments to developing countries, to make participation in these agreements more attractive:

One of the many obstacles to international environmental protection is the economic interests of poorer nations.  In working to eliminate CFCs, the international community managed to solve this problem by creating a fund to help developing nations

Another student, considering the Montreal Protocol and its side payments to developing countries, seems to wonder whether the reasons for treaty ratification should matter to us:

What would the compliance rate have been had the Protocol not provided for these incentives or provided assistance for developing countries? While some states signed the treaty out of real concern for the environment, it seems most states only did so for financial reasons and to avoid conflict.

One of my students makes an even bolder and (perhaps) more controversial claim about the rights of the current generation in developing countries:

The environment is important and I believe that the international community should take action to protect it.  However ensuring the welfare of people alive today is far more important than ensuring the welfare of the world’s future population.

The problem of inequality has been–and will continue to be for some time–THE main issue is negotiations about climate change and economic governance (where my IL class will turn their attention to next).

Earth Day: lessons from a penguin

I found this via a Facebook post from my friend, Anna Schmidt. This is from Darryl Cunningham’s blog and book. Follow the link for the full story:


Noted: Climate Change, Global Politics, and International Law

Earth Day is this Sunday and in both of my classes we are discussing the politics and international law of climate change this week and next. So I thought it might be a good opportunity to examine the recent news.

Fragmented Global Governance and Climate Change
A quick look at Reuter’s Diary on the Global Environment helps illustrate the continued fragmentary approach to these issues at the global level. Just in the next 7 days:

Regional Efforts
On a regional basis there is the Africa Carbon Forum, meeting in Addis Ababa; a “Public Forum on North America’s energy future” meeting in Canada; an “EU energy and the environment Minister’s meeting”.

Issue based efforts
Sweden’s “Stockholm+40” conference on sustainable development; The Fifth Annual Global Marine Renewable Energy Conference in Washington, DC

And if we look beyond the coming week, more of the same is happening in Asia, Europe, and elsewhere, looking at linkages between climate and water, climate and birds, the use of solar energy, and desertification. The meetings are hosted by governments, UN agencies, and regional organizations. On the one hand, we might like the fact that so much attention is being paid to these issues. On the other hand, how do we organize a response to climate change in light of such institutional complexity?

Individual state efforts to combat climate change may create problems for global talks
In Europe
While we wait on a global solution, individual countries are creating and implementing their own approaches to the issues. One example of this is a European Union law to charge airlines for their carbon emissions (Reuters). Reportedly, US airlines will comply, but China and India want nothing to do with this. Says India’s Environment Minister Jayanthi Natarajan:

For the environment ministry, for me, it is a deal-breaker because you simply cannot bring this into climate change discourse and disguise unilateral trade measures under climate change…
I strongly believe that as far as climate change discussions are concerned, this is unacceptable.

Apparently, India is suggesting that this culd be a reason for them to boycott all future climate-change talks.

In the United States
Recently, in the US there was a suggestion that the Endangered Species Act could be used to require the US to control greenhouse emissions. Since those emissions create conditions that make polar bear’s habitats less habitable, there was arguably potential scope for regulation. While this has so far been used to target domestic emissions, one can wonder whether a success in using the Act this way could also lead to pressures to regulate the actions of foreign actors whose emissions can be said to have direct effect on our polar bears’ habitats. My guess: highly improbable. But it is interesting.

Issue Linkage: Climate Change and Conservation

Finally, there is an interesting piece by Elias Ngalame at AlertNet on how Cameroon is trying to get support for climate adaptation projects in order to protect its elephants from poaching. The claim is that elephants are wandering out of the protected parks due to drought and desertification brought on by climate change, leaving them more susceptible to poaching.

Climate and conflict

In the lead-up to Copenhagen, it makes sense that climate issues will be linked to all the evil in the world.  Still, the concern about linkages between weather and conflict are not new in African studies.  Ted Miguel’s work has linked rainfall (via the economic shocks associated with it) to conflict in Africa and the murder of witches in Tanzania. Some consider it at the root of the conflict in Darfur.  Still, a number of researchers have pointed out that the link between climate change and conflict is — at a minimum — not very simple and perhaps very problematic (see here and here, for instance).  Much as Thad Dunning has demonstrated in Crude Democracy that oil need not be the curse we make it out to be, we should be careful to understand the conditions under which climate change may (or may not) impact the likelihood of conflicts in Africa.

clipped from

Climate ‘is a major cause’ of conflict in Africa

By Richard Black Environment correspondent, BBC News website


Climate has been cited as a factor behind civil conflict in Darfur

Climate has been a major driver of armed conflict in Africa, research shows – and future warming is likely to increase the number of deaths from war.

US researchers found that across the continent, conflict was about 50% more likely in unusually warm years.

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