Managing Climate Change

History : United Nations

The Intergovernmental Panel on Climate Change (IPCC) was created in 1989. It has three working groups which explore the science of climate change, study adaptation and impacts, and explore critical questions of mitigation.

In 1992, the UN developed the Framework Convention on Climate Change. The convention came into force in 1997. Currently, in 2023, 197 States have ratified the convention and agreed to the following objectives and principles.

Here are the objectives and key principles of the Convention:

Article 2 Objective

… stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system within a time frame sufficient 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.

Article 3 Principles

In their actions to achieve the objective of the convention and to implement its provisions, the parties shall be guided by the following:

1. The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities.
2. The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. … lack of full scientific certainty should not be used as a reason for postponing such measures….

…

5. The Parties should cooperate to promote a supportive and open international economic system that would lead to sustainable economic growth and development in all Parties.

Targets

Targets to reduce CO₂ emissions can be set in a number of ways

• by reference to a baseline year
• by intensity-based measures : reduction of output in units—less greenhouse gas per unit of GDP or per barrel of oil. Using this approach, greenhouse gases increase as economies grow expands.
• by absolute targets: reducing the total amount of gas emitted by reducing the flow and thus the stock of greenhouse gas

In accordance with the Paris Accord, of COP 20, 2015, Canada set targets with reference to 2005 as a baseline year as follows:

For the purpose of the mid-century strategy, Canada “examines” an emissions abatement pathway consistent with net emissions falling by 80% in 2050 from 2005 levels. This is consistent with the Paris Agreement’s 2°C to 1.5°C temperature goal.

Canada’s Mid-Century Long-Term Low-Greenhouse Gas Development Strategy, 2016 pg. 3

The United Nations cannot control the carbon emissions of the countries of the world. International collaboration is needed to address climate change. Collaboration requires an understanding of:

• the interests of national populations to maintain their economies
• science
• the impact of climate change, AND
• development of a vision for the future

Reasons why it makes sense to try to find global solutions:

• Climate change is pervasive.
• Climate change is related to a common good. Mitigation of climate change benefits us all.
• Climate change is complex and uncertain. Tackling the problem requires shared learning.
• Climate change is related to equity among developed and developing countries. Nations will not participate if the global solution seems unfair to any participant.

Jurisdiction Over Climate Change

Management of climate change is within the control of individual countries—working together. The UN Framework Convention does not require compliance with a common list of requirements. The politics and governance of climate change is a complex process through which many different groups, with different interests, must come together to solve the problem. Not only government plays a role. Businesses, civil society, activist groups, scholars and individuals have a role to play.

Climate governance raises questions of power—the authority to make rules, influence beliefs or norms and sometimes coerce individuals or groups into doing something they wouldn’t otherwise do.

Jurisdiction in Canada

Jurisdiction over the environment is largely assigned to the provinces. (see Jurisdiction). To an extent, the federal government has authority, particularly under the constitutional provision giving the federal government power to act in relation to matters of national concern (clause 91 of the Constitution).

The Canadian Parliament enacted the Greenhouse Gas Pollution Pricing Act (“GGPPA”) to try to establish a national policy. The Supreme Court of Canada ruled that the legislation is within the power of the federal government.

[207] In conclusion, the GGPPA is intra vires Parliament on the basis of the national concern doctrine. Canada has adduced evidence that shows that the proposed matter of establishing minimum national standards of GHG price stringency to reduce GHG emissions is of clear concern to Canada as a whole and that the two principles underpinning the “singleness, distinctiveness and indivisibility” inquiry are satisfied. Considering the impact on the interests that would be affected if Canada were unable to address this matter at a national level, the matter’s scale of impact on provincial jurisdiction is reconcilable with the division of powers.

References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 (CanLII)