Legal issues in climate change

Topics: Global warming, Climate change, Greenhouse gas Pages: 39 (10942 words) Published: March 19, 2015
INDIAN INSTITUTE OF MANAGEMENT, LUCKNOW

LEGAL ASPECTS IN MANAGEMENT

Topic: Legal Issues In Climate Change Management

Project submission to
PROF.D.SENGAR
BY
GROUP 1
SECTION G
ABM11037 KRITI PATHAK
ABM11038 KRITI THAKUR
ABM11039 MANJARI MULUKUTLA
ABM11040 MEERA NAUTIYAL
ABM11041 PEDDI BHAVANA

TABLE OF CONTENTS
1) Introduction……………………………………………………………………….…..3 2) Status and severity of the problem- national, international & local……….……4 3) Legal and regulatory measures adopted to control and prevent it………….…9 4) Compliance and enforcement mechanism………………………………………11 5) Role of judiciary- courts’ guidelines or judicial enforcement of law…………...15 6) Role of NGOs /civil society groups………………………………………………17 7) Role of business/industry associations………………………………………….20 8) Role of legal education and awareness………………………………………...24 9) Conclusion & suggestions……………………………………………………..….32 10) Relevance in Management………………………..…………………………..…34 11) References…………………………………………………………………………37 12) Individual contribution to the project…………………………………………….38

LEGAL ISSUES IN CLIMATE CHANGE MANAGEMENT
I. INTRODUCTION
The burgeoning population in the in the world gives rise to an intense competition for the limited natural resources available. In the name of globalization, most of the nations have unscrupulously exploited these resources which left a devastating impact on the climate .This is evident by the ever rising concentration of pollutants in the atmosphere and the rising number of previously unheard health complications. Due to intense pressure on the economies to expand, the blame game about who is to mitigate the problem is on. Due to the developed countries` economic hegemony, the onus is passed on to the developing countries to reduce their harmful gas emission levels and adhere strictly to the legislation. The developing countries can`t afford to do so at the cost of their expansion. The problem cannot be solved with a one-sided effort by the developing countries alone. It is imperative for all the nations to realise that climate change impacts the entire ecosystem and that all the nations should work in unison in formulating relevant legislations and strict adherence to them. The lackadaisical attitude reflected in not being able to achieve the target level reduction in emissions as agreed in the Kyoto Protocol where 37 industrialised countries entered into an international agreement linked to reducing greenhouse gas emissions cannot be the way forward. The Protocol entered into force on 16 February 2005 after the minimum of 55 countries had ratified it. The treaty expired on 31 December 2012. However, on a positive note, there has been rising awareness about the seriousness of the issue and nations are working towards passing relevant climate laws. Some of the legal issues that fall under the purview of climate change include water rights as a consequence of water shortage due to climate change, whether the emissions from vehicles, factories, power plants come under the purview of Clean Air Act and to what extent, water diversions and delivery cutback, issues related to levees and dams and manage retreat measures. The legal framework has been developed with the premise from leading scientific opinion that human activities are causing this devastating impact to climate. This project aims to highlight the various legal issues that relate to climate change management.

II. STATUS OF THE PROBLEM AT THE NATIONAL LEVEL
Climate change and agriculture
Climate change has a very adverse impact on agriculture which contributes to 35 % of our GDP and hence with severe economic implications also. Various studies on the impact of climate change on agriculture have indicated that increase in temperature (around 2o C) has decreased the potential yield up to 6%. It is expected to decrease further more as the global temperatures rise. Irregular and unexpected rainfall due to climate...

References: ………………………………………………………………...…………37
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