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CHAPTER I

INTRODUCTORY

―There is an air of unreality in debating these arcane points when the world is changing

in such dramatic ways right in front of our eyes because of global warming.‖… Al Gore

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1.1 Background

Global warming induced by the emissions of greenhouse gases is one of the most

important global environmental issues facing world today. It is now widely recognised as

having significant potential to seriously affect the integrity of our ecosystem and human

welfare. Scientists have now been able to reach a broad consensus and provide evidence

to suggest that human activities are having influence on global warming. NASA‘s

scientist James Hansen made a radical claim that he was ‗99 percent certain‘ that the

warmer temperatures were the result of fossil fuel consumption.

There are certain influential events all over the world that are associated global

warming for instance the Intergovernmental Panel on Climate Change (IPCC) was

established in 1988 by the United Nations Environment Program (UNEP) and World

Meteorological Organization (WMO), UN Framework Convention on Climate

Change,1992, the 1997 Kyoto Protocol, the releases of IPCC Second and Third

assessment reports in 1995 and 2001, Hurricane Katrina in 2005, and Al Gore‘s Movie

―An Inconvenient Truth‖ in 2006.

The scientific community has warned of the potentially serious effects of climate

variability caused by increased concentration of GHGs. Resultant climate impacts are

devastating in nature. Earth‘s air supply system is changing rapidly. The delicate balance

of gases in the air is being interfered with, and for the worse, the water supply system of

the earth is in even graver danger. The seas and its resident marine lives have been

subjected to extreme abuse. Fisheries resources are down by as much as ninety per cent.

Agriculture, forests, and ecosystems of all kinds would also be threatened by increasing

temperatures and changes in the water cycle. These impacts will affect the environmental,

social and vital economic interests of all states and have profound consequences for

virtually every aspect of human society.

The United Nations Framework Convention on Climate Change was created to

produce the first international agreement on reducing global greenhouse gas emissions.

However, this task is not as simple as it first appears, as carbon dioxide emissions are not

evenly produced by countries. The first major source of carbon dioxide is the burning of

fossil fuels, since a significant part of carbon dioxide emissions comes from energy

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production, industrial processes, and transport. These are not evenly distributed around

the world because of the unequal distribution of industry; hence, any agreement would

affect certain countries‘ economies more than others. Consequently, at the moment, the

industrialized countries must bear the main responsibility for reducing emissions of

carbon dioxide to about 22 billion tonnes of carbon per year (see Figure 4a). North

America, Europe, and Asia emit over 90% of the global industrially produced carbon

dioxide. Moreover, historically they have emitted much more than less-developed

countries.

The second major source of carbon dioxide emissions is as a result of land-use

changes. These emissions come primarily from the cutting down of forests for the

purposes of agriculture, urbanization, or roads. When large areas of rainforests are cut

down, the land often turns into less productive grasslands with considerably less capacity

for storing CO2. Here the pattern of carbon dioxide emissions is different, with South

America, Asia, and Africa being responsible for over 90% of present-day land-use

change emissions about 4 billion tonnes of carbon per year (see Figure 4b). This, though,

should be viewed against the historical fact that North America and Europe had already

changed their own landscape by the beginning of the 20th century. In terms of the amount

of carbon dioxide released, industrial processes still significantly outweigh land-use

changes.

Many scientists believe that the human-induced or anthropogenic-enhanced

greenhouse effect will cause climate change in the near future. Even some of the global

warming skeptics argue that though global warming may be a minor influence, natural

climate change does occur on human timescales and we should be prepared to adapt to it.

Climate change can manifest itself in a number of ways, for example changes in

regional and global temperatures, changing rainfall patterns, expansion and contraction of

ice sheets, and sea-level variations. These regional and global climate changes are

responses to external and/or internal forcing mechanisms. An example of an internal

forcing mechanism is the variations in the carbon dioxide content of the atmosphere

modulating the greenhouse effect, while a good example of an external forcing

mechanism is the long-term variations in the Earth‘s orbits around the sun.

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1.2 Research Problem

The protection of environment is a global issue and it is not an isolated problem

of any area or nation. The problem of environmental pollution in an increasingly small

world concerns all countries irrespective of their size, level of development or ideology.

Notwithstanding political division of the world into national units, the whole world is

interconnected; and winds that blow the countries are also one. If the nuclear test is

carried out in one part of the world, the fall out may be carried by winds to any other part

of the world and such fall out of irresponsible disposal of radioactive waste from a

remote energy plant in one country may turn out to have greater adverse effect on the

neighbouring countries than the danger of full-fledged war, the problem of global

warming is not new in its origin. It is as old as the emergence of homo- sapiens on the

planet and it was realized in the times of Plato 2500 years ago. However different

dimensions of the problem of global warming and its management have taken a serious

turn in present era. Today society‘s interaction with the nature is so extensive that

environment question has assumed proportion effecting all humanity, industrialization,

urbanization, population explosion, poverty, over exploitation of the resources, depletion

of traditional sources of energy and raw material and research for new sources of energy

and raw materials, are some of the factors which have contributed to the environmental

deterioration the world over while the scientific and technological progress of man has

invested him with immense power over nature, it has also resulted in the unthinking use

of the power encroaching endlessly on the nature. The problem of global warming is the

problem of both developed and under developed or poor nations. Over production,

nuclear radiations, over exploitation of resources, industrial wastes in different forms,

industrial accidents and the living style of the people are some of the contributing factors

of global warming in the developed countries.

The cause of global warming is the increase of carbon dioxide (CO2)

concentration in the atmosphere. It can have devastating effect. It can lead to the melting

ice peaks and thereby leading to rise in the sea level. Thus the coastal cities like Mumbai,

Chennai etc. are in the danger of being immersed under water. It may change the rainfall

pattern, which may affect the agricultural output in the various regions of the world. It

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may bring about major changes in water distribution and have impact on water resources.

It may cause change of global wind pattern which may result in extreme climate. The

change in weather pattern will have major implications on the cropping pattern. The rise

in sea level and its temperature is likely to pose an adverse effect on the coral reef

ecosystem. The rise in the temperature may lead to the death of microorganism. It will

also disturb the human life and human activity. The flooding and landslide will result into

a large scale migration. This will adversely affect the living conditions in other human

settlement.

These being the devastating impacts of climate change due to global warming.

Need of the hour is to protect our earth from these severe consequences by controlling the

emission of carbon dioxide. Urbanization, industrialization, increased population,

increasing vehicular use; changing lifestyle and decrease in forest cover are some of the

factors responsible for increased rate of emission of carbon dioxide in the atmosphere of

the earth.

This thesis seeks to probe the steps taken at international and national level to

save our earth from the disastrous effects of climate change, the adequacy of these steps

and the steps that need to be taken in the short term and in the long term to save our

planet ‗earth‘. When responding to the potential threat of climate change demands a

complex response, addressing area as diverse as transportation, deforestation, power

generation, control over natural resources, industrial and economic growth, and personal

liberties, and hence the crossing of sectoral boundaries.

1.3 Research Objective

A. The first objective is to give detail information about global warming and climate

change as education is the key to understanding how changes in our climate

system might impact our lives, society and the lives of future generations.

B. Our second objective is to educate and challenge the public to get involved with

initiatives that will produce a positive impact in their local communities or

organizations. State and local governments, large and small businesses,

universities, and both private and public school systems

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C. The main objective of research will be to critically analyze the various laws

(national and international) for combating the problem of global warming.

D. To give the information regarding scientific research, proposed policy changes,

and the possible solutions for the problem of global warming

E. Global warming is the most serious environmental challenge of our

time. It is more urgent and its dangers are more fundamental than

most of us realize. This research seeks to educate about how quickly

we must act, and give concrete steps that people can incorporate into

their lives to fight global warming.

1.4 Research Methodology

Relevant information and data published on climate change have been interpreted

both quantitatively as well as qualitatively. The study is based on primary and secondary

sources. As far as primary sources are concerned, the reports and surveys, conducted by

various national and international organizations are used. As secondary sources, existing

literature and established journals both national and international are of main concern.

Also, internet and working paper by research institutes are referred.

1.5 Research Questions

A. What is the menace of global warming at national and international level?

B. What are the social implications of global warming?

C. What are the various laws for the protection against global warming?

1.6 Overview of the Literature

1.6.1 Books

A. Global Warming: A Very Short Introduction by Mark Maslin, Oxford

University Press,2008

Global warming is arguably the most critical and controversial issue facing

the world in the twenty-first century. This Very Short Introduction provides a

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concise and accessible explanation of the key topics in the debate: looking at the

predicted impact of climate change, exploring the political controversies of recent

years, and explaining the proposed solutions. Mark Maslin's describe in his book

recent developments from US policy to the UK Climate Change Bill, and where

we now stand with the Kyoto Protocol. He also includes a chapter on local

solutions, reflecting the now widely held view that, to mitigate any impending

disaster, governments as well as individuals must to act together.

B. Global warming by Peggy J. Parks, Lucent Books, 2003

Earth's temperature has risen steadily for the past century. Many scientists

believe this "global warming" is the result of human activities, such as the burning

of fossil fuels. This book thoroughly explores the issue, and includes the

perspectives of scientists who are alarmed--as well as those who are not.

C. Earth’s Climate: Past and Future by William F. Ruddiman, 2010

Earth's Climate: Past and Future summarizes the major lessons to be learned

from 550 million years of climate changes, as a way of evaluating the

climatological impact on and by humans in the 21st century. The book also looks

ahead to possible effects during the next several centuries of fossil fuel use.

D. Global Warming by Seymour Simon, HarperCollins,2010

Earth's climate has always varied, but it is now changing more rapidly than at

any other time in recent centuries. The climate is very complex, and many factors

play important roles in determining how it changes. Why is the climate changing?

Could Earth be getting warmer by itself? Are people doing things that make the

climate warmer? Award-winning science writer Seymour Simon teams up with

the Smithsonian Institution to give you a full-color photographic introduction to

the causes and effects of global warming and climate change.

E. Climate Change: Observed impacts on Planet Earth Hardcover by Trevor

Letcher, 2011

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The climate of the Earth is always changing. As the debate over the

implications of changes in the Earth's climate has grown, the term climate change

has come to refer primarily to changes we've seen over recent years and those

which are predicted to be coming, mainly as a result of human behavior. This

book serves as a broad, accessible guide to the science behind this often political

and heated debate.

1.6.2 Reports

A. The Intergovernmental Panel on Climate Change IPCC

The Intergovernmental Panel on Climate Change (IPCC) is the leading

international body for assessing the most recent scientific research on climate change. It

was established by the United Nations Environment Programme (UNEP) and the World

Meteorological Organization (WMO) in 1988 to provide the world with a clear scientific

view on the current state of knowledge in climate change and its potential environmental

and socio-economic impacts. The IPCC is organized in three Working Groups and a Task

Force that focus on specific aspects of climate change. The IPCC does not undertake new

research, but examines published and peer-reviewed literature to develop a

comprehensive assessment of scientific understanding which is published in IPCC

Assessment Reports.

a. Fifth Assessment Report

The IPCC publishes Assessment Reports every six to seven years, with the IPCC

First Assessment report published in 1990. The Fifth Assessment Report is being

published in stages across 2013 and 2014.

Each of the three Working Groups contributes to the development of Assessment

Reports:

i. The Working Group I report, The Physical Science Basis, was released on 27

September 2013;

ii. The Working Group II report, Impacts, Adaptation and Vulnerability, was

released on 31 March 2014;

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iii. The Working Group III report, Mitigation of Climate Change, was released on 13

April 2014; and

iv. A Synthesis report of the content in all three Working Group reports will be

released in October/November 2014.

b. Working Group I – The Physical Science Basis

The Working Group I report finds that there is strong evidence that the Earth‘s

climate system is changing, and there is now stronger evidence than ever that human

activities are the primary cause.

Other key findings include:

i. There is robust evidence that multiple components of the Earth‘s climate system

are changing, including rising global air and ocean temperatures, widespread

melting of snow and ice, rising global average sea level, and changes in many

extreme events. For the first time, the IPCC provides estimates of the total

allowable global emissions of carbon in order to limit temperature rise to 2°C

above pre-industrial levels.

The likely total allowable global emissions are about 1,000 billion tonnes of

carbon. By 2011, around half of this budget had already been emitted.

ii. If emissions of greenhouse gases other than carbon dioxide (eg. methane and

nitrous oxide) are accounted for, the likely allowable emissions are reduced to

about 790 billion tons of carbon.

iii. If emissions continue to track at the top of IPCC scenarios, global temperature

could rise by between 3.2°C and 5.4°C by the end of the century (relative to a

1850-1900 baseline). If emissions track along the lowest scenario, then global

average temperature could rise from 0.9-2.3°C by the end of the century (relative

to an 1850 -1900 baseline).

iv. Scientific understanding of sea level rise has improved and projections of global

average sea level rise are higher than in previous IPCC reports.

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c. Working Group II – Impacts, Adaptation and Vulnerability

The Working Group II report highlights the increasing evidence of a number of

climate change risks facing the world. Some climate change risks have already

materialized, and are having widespread and consequential impacts.

Other key findings include:

i. Some impacts are unavoidable but others can be managed by a combination of

adaptation and effective global mitigation.

ii. Capacity to manage climate change risks to build assets such as houses, bridges

and roads, as well as human activities in generally high, but natural systems have

limited capacity to adapt to the rate of climate change.

iii. Risks from ocean warming and acidification have increased over the last century

and are projected to continue to rise. This will have significant impacts on marine

ecosystems and coastal communities.

iv. Without adaptation, further changes in climate are expected to have substantial

impacts on water resources, coastal ecosystems, oceans, infrastructure, health and

agriculture.

d. Working Group III – Mitigation of Climate Change

The Working Group III report highlights the global nature of climate change and

the need for international cooperation.

Key findings include:

i. Greenhouse gas emissions continue to rise globally with trends at the high end of

projected levels for the last decade.

ii. Economic and population growth continue to be the main drivers for increases in

emissions

iii. The ambition of 2020 emissions reductions targets set by countries under the

United Nations Framework Convention on Climate Change is unlikely to achieve

the agreed global goal of limiting global temperature rise to 2 degrees Celsius.

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iv. Limiting global temperature rise to 2 degrees Celsius (~430-480ppm CO2e) will

require large-scale changes of the global energy system as well as cuts in

greenhouse gas emissions over the coming decades, with significant up-scaling of

zero and low carbon energy supply by 2050.

The reports represent the international consensus on climate change in literature

that has been extensively peer-reviewed and published in scientific journals.

e. Special Report on Extreme Events

In 2012 the IPCC released the Special Report for Managing the Risks of Extreme

Events and Disasters to Advance Climate Adaptation (SREX report) which brings

together the latest research on climate change and extreme events.

Key findings from the SREX report include:

i. It is virtually certain that the world will experience a decrease in cold extremes

and an increase in the frequency and magnitude of warm extremes over the 21st

century.

ii. It is very likely that mean sea level rise will contribute to upward trends in

extreme sea levels in the future.

iii. It is likely that the frequency of heavy precipitation will increase over many areas

of the globe.

iv. It has already observed an increase in warm days and a decrease in cold days.

This trend is projected to continue with large scale increases in the number of

days over 35 degrees Celsius and 40 degrees Celsius and an increase in heat wave

duration.

v. Extreme rainfall events are projected to increase.

vi. Tropical cyclones are likely to become more intense and shift southwards;

however the frequency of tropical cyclones could remain unchanged or even

decrease.

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vii. Since the 1950s there has been an observed increase in drought with projections

indicating this could continue.

The most effective adaptation and disaster risk reduction actions for extreme

events are those that offer development benefits in the relatively near term, as well as

reductions in vulnerability over the longer term.

1.7 Chapter Scheme

The present research work has been divided into nine chapters. These are as

under:

A. Chapter 1: Introductory articulates the problem of study in the area of menace

of global warming. It covers the methodology employed and gives an overview of

literature which includes books, articles and various reports relating to global

warming.

B. Chapter 2: Conceptual framework on global warming analyses the concept

and meaning of global warming ; historical aspect of global warming , main

indicators of global warming like the greenhouse effect , tropospheric

temperature, temperature over oceans, sea surface temperature etc. This chapter

also critically examines where global warming is going.

C. Chapter 3: Impacts, Causes and effects of global warming examines the

current and future impacts of global warming on freshwater resources, ecosystem,

food production, coastal system and low lying areas etc. in Asian and African

region also it covers natural and human causes of global warming.

D. Chapter 4: Principles of environmental laws and global warming makes an

exhaustive study on common law principles and basic principles of environmental

laws for the dealing with the menace of global warming and for the protection of

society and individuals.

E. Chapter 5: International framework on global warming makes an exhaustive

study of various conventions and treaties relating to climate change also this

chapter critically examines the role of international laws in stopping and dealing

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with menace of global warming. It also examines various international

environmental rights.

F. Chapter 6: National framework on global warming examines legal framework

of various laws helpful in India to deal with the problem of global warming. This

includes provisions of Constitution Law, Indian Penal Code, Code of Criminal

Procedure etc. also this chapter study the role of judiciary in implementing

environmental laws.

G. Chapter 7: Social implications of global warming study the linkage between

human rights and climate change; how human rights are affected by climate

change and how specific group and section of society are more affected by

climate change. This chapter also studies role of indigenous people in climate

change and how their knowledge can be used to adjust with climate change.

H. Chapter 8: Adaptation and Mitigation contains detailed study of various

methods of adaptation and mitigation of climate change also it contains practices

for mitigation. This chapter mainly based on reports like Intergovernmental Penal

on Climate Change. It also critically examines various policies and other

measures by the government for the adaptation and mitigation of climate change

in India.

I. Chapter 9. Conclusion and Suggestions covers the conclusions arrived at as a

result of the discussions in the various chapters. An attempt thus also been made

to point out the shortcomings and lacunae in the present laws and to suggest the

adoption and mitigation polies for stopping of global warming. Conclusion throws

light on the subject of social responsibilities for the menace of global warming.