Climate change litigation is increasingly viewed as a tool to influence policy outcomes
and corporate behavior. Key cases are planned to press national governments to be more
yearning on climate or to uphold existing enactment, whereas cases against major emitters look
for stipend for misfortune and damage. Also, you will find in the following research lists
provisions of the Kyoto Protocol and its elements with decisions of the Conference of the Parties
serving as the meeting of the Parties to the Kyoto Protocol that directly relate to the means that
may be available to reach their emission reduction targets, including: emissions trading and the
project-based mechanisms; rules to guide the treatment of land use, land-use change and forestry;
and greenhouse gases, sectors and source categories covered.
Can Law Save The Climate?
The society is increasingly becoming aware of the environmental issues that harm the
planet. Environmental laws help in creating awareness for these concerns and bring people
together to work towards making a positive change such as reduction of activities that bring
global warming. The practices of environmental law is wide as it entails regulation of
environmental issues by governments, which helps in regulation of how individuals and
organizations use the environment to prevent pollution that result in climate change. In
particular, governments through legislation set the minimum standards that must be attained in
use the use of the environment leading to its preservation. Legal actions about environmental
issues most of which relate to negligent acts of organizations or individuals helps prevent
exposure to hazardous waste. Environmental litigation also helps in the enforcement of
environmental laws. Therefore, the role of environmental law indicates that indeed law can save
What are the main obstacles in reaching an agreement succeeding the Kyoto Protocol?
Kyoto Protocol was adopted in 1997, however, it took so long for the parties to agree on
its successor, the Paris Agreement. The disagreement on it is coming into force to 2005, 8 years
after its adopted surrounds controversy regarding climate change in the world since it transcends
international borders making into turn into a political issue. As a political issue, Kyoto Protocol
required collective action of international stakeholders to come up with measures to combat the
issue. Getting all the international stakeholders on board to agree on how they can combat its
challenges turned out to be a major problem. Although it was seen that there was a difficulty in
agreeing on the regime which was considered effective by the parties to the United Nations
Framework Convention on Climate Change (UNFCC), the real issue was the contestation over
the protocol’s equitability and efficiency. However, the problems were solved through paths of
reciprocity, distributive justice, and economic rationality.
What are the legal elements?
Various legal elements of the Kyoto Protocol were problematic. Article 2 of the Protocol
shows that the optimum long-term strategic goal was very similar to that of its parent
Convention, the UNFCCC. Both conventions stressed on the fact that greenhouse gas
concentrations in the atmosphere must achieve stability, thus it attain a level that would prevent
dangerous anthropogenic interference with the climate system. Additionally, the protocol
required that the stabilization be achieved within a specific time frame to create adequate time to
allow for the ecosystem to adapt naturally to climate change. These provisions are similar to
what the previous convention was advocating for, making United Nations member states wonder
why they should ratify it, as they have a convention in place with similar provisions.
The law is an important tool in saving the world for negative climate change. Through the
law measures can be put in place to prevent individuals and entities from engaging in activities
that adversely affects climate change.