Reviewer
Dr hab. Robert Grzeszczak, prof. UW Proofreading
Anna Skrzynecka Technical Editor Maria Kosznik Cover and Title Pages Design
Karolina Zarychta Created by Freepik
The maps and graphs in this book were used with the kind permission of the European Environment Agency
Typesetting and Page Layout Mariusz Szewczyk
The following book constitutes a part of the research conducted within the framework of the project funded by the grant no. 2014/15/D/HS5/02678 „Climate
change and food security – the legal aspects with special focus on the European Union”, financed
by the National Science Centre of Poland
© Copyright by Uniwersytet Gdański Wydawnictwo Uniwersytetu Gdańskiego
ISBN 978-83-7865-671-5
Gdańsk University Press ul. Armii Krajowej 119/121, 81-824 Sopot
tel./fax 58 523 11 37, tel. 725 991 206 e-mail: wydawnictwo@ug.edu.pl
www.wyd.ug.edu.pl
Online bookstore: www.kiw.ug.edu.pl
Spis treści
Spis treści
About the Authors . . . . 9
Preface . . . 11
Acknowledgements . . . 13
List of Abbreviations . . . 15
Introduction . . . 17
1. Reasons for this research . . . 17
2. Problem definition . . . 18
3. Research questions, structure and methodology . . . 22
Chapter I. Setting the Scene . . . . 27
1. General remarks . . . 27
2. Terminology . . . . 28
3. Fundamental concepts . . . 30
3.1. Climate as common good . . . . 30
3.2. Solidarity and human rights . . . 31
3.2.1. Solidarity . . . 31
3.2.2. The right to environment . . . 34
3.2.3. Climate change and human rights . . . 38
3.3. Good governance . . . . 41
4. The legal framework . . . . 44
4.1. The international law . . . . 44
4.2. EU hard law . . . 45
4.3. EU soft law . . . . 48
Spis treści
6
5. Institutions and agencies . . . 53
5.1. International level . . . 53
5.1.1. United Nations . . . . 54
5.1.2. COP . . . 55
5.1.3. FAO . . . 55
5.2. European level . . . 56
5.2.1. European institutions . . . . 57
5.2.2. European agencies . . . . 60
Chapter II. Climate law . . . 63
1. General remarks . . . 63
2. The EU & Environment . . . 69
2.1. The development of European Environmental Law . . . 69
2.2. The objectives of European Environmental Law . . . . 69
2.3. The principles of European Environmental Law in relation to Climate Law . . . . 73
2.3.1. Principle of sustainable development . . . 73
2.3.2. Precautionary principle . . . 75
2.3.3. The principle of inter- and intragenerational justice . . . . 76
2.3.4. The principle of common but differentiated responsibilities . . . 77
2.3.5. The principle of preventive action . . . 78
2.3.6. The polluter pays principle . . . 78
2.3.7. The principle of good neighbourliness . . . 79
3. Governing climate change . . . . 80
3.1. The international perspective . . . . 80
3.1.1. The Climate Convention . . . . 80
3.1.2. The Kyoto Protocol . . . 81
3.1.3. The Paris Agreement . . . 83
3.2. The EU perspective . . . . 84
3.2.1. Legal basis . . . . 84
3.2.2. Implementing the Kyoto Protocol . . . 87
3.2.3. Adaptation strategy . . . 92
7 Spis treści
Chapter III. Food security . . . 95
1. General remarks . . . 95
2. Agriculture . . . 99
2.1. The future of food and agriculture . . . 99
2.2. New objectives of the CAP . . . . 103
2.3. Aquaculture . . . . 105
3. Food security and human rights . . . . 107
3.1. Food security . . . . 107
3.2. Right to food . . . . 110
4. Governing food security . . . . 116
4.1. The international perspective . . . . 116
4.2. The EU perspective . . . . 118
Chapter IV. Climate change and food (in)security go in pair . . . . 123
1. General remarks . . . . 123
2. Climate change and food security as global problems . . . . 126
2.1. Global problems . . . . 126
2.2. Global concepts . . . . 128
3. „Green” participation . . . . 131
3.1. Public Participation in Environmental Matters . . . . 131
3.2. The „green” participation of NGOs . . . . 133
3.3. Transnational networks . . . . 136
3.3.1. Civil society organisations . . . . 136
3.3.2. Corporate social responsibility . . . . 137
3.3.3. EU Digital society . . . . 138
Conclusion . . . . 141
Literature . . . . 149
Table of cases . . . . 159
About the Authors
About the Authors
About the Authors
Dr Monika Adamczak-Retecka – Assistant Professor at the Department of Euro- pean Union Law and Comparative Law at the Faculty of Law and Administration of the University of Gdańsk
Dr Olga Śniadach – Assistant Professor at the Department of European Union Law and Comparative Law at the Faculty of Law and Administration of the Uni- versity of Gdańsk
Preface
Preface
Preface
According to the Intergovernmental Panel on Climate Change Report pre- sented in March 2014, today climate change is already having substantial and widespread impacts which are being felt on all continents of the world.
In the recent decades, changes in climate have caused impacts on both natural and human systems. Global warming is already having serious consequences on human health, biodiversity, ecosystems and the goods and services they provide, as well as on many social and economic sectors, including agriculture and food production. The aim of this monographs is to analyse the legal aspects of climate change impacts on food security from the European Union law perspective. It will be also attempted to show that both climate change and food security are global problems to solve with necessary international cooperation.
Moreover, it is essential to change the consumption mentality of the present society for the sake of future generations. We assume that the problems already experienced in tropical and subtropical countries nowadays might soon enter Europe and that European citizens should be prepared for changes. Therefore, an immediate action is required and legally binding documents are essential for adapting to the unavoidable impacts of climate change and creating „climate resilient society”.
Acknowledgements
Acknowledgements
Acknowledgements
The present book is the outcome of our research project financed by the National Science Centre of Poland. We are grateful for the support that we received from numerous people over the course of the last three years. First and fore- most we would like to express our deep gratitude to prof. Robert Grzeszczak for the thorough and kind review of our book. We also thank dr Blaž Kurnik from the European Environment Agency for sharing with us his knowledge on climate change impacts. We also express our gratitude to prof. Zdzisław Brodecki and prof. Henri Goverde who supported us with their profund legal and administrative understanding. Last but not least we want to thank our families for all their invaluable support and patience.
15
List of Abbreviations
List of Abbreviations
List of Abbreviations
art. article
CAN Climate Action Network CAP Common Agricultural Policy CDM Clean Development Mechanism CCS Carbon Capture and Storage CLJ Cambridge Law Journal
CLIMATE-ADAPT European Climate Adaptation Platform CMLRev. Common Market Law Review
COP Conference of the Parties CSOs civil society organizations CSR corporate social responsibility EEA European Environment Agency
EAP The new general Union Environment Action Programme ECCP European Climate Change Programme
EEELRev. European Energy and Environmental Law Review E.L.Rev. European Law Review
EFSA European Food Safety Agency FAO Food and Agriculture Organization
FAS Farm Advisory System
ICLQ International and Comparative Law Quarterly IPCC International Panel on Climate Change TEU Treaty on European Union
UNFCCC United Nations Framework Convention on Climate Change ICESCR International Covenant on Economic, Social and Cultural
Rights
REFIT Regulatory Fitness and Performance Programme SDG Sustainable Development Goal
17
Introduction
Introduction
1. Reasons for this research
1. Reasons for this research
The potential and real impacts of climate change are widely debated and inves- tigated by scientists, economists and politicians all over the world.1 Recently, it has become also the object of interest of the doctrine of law. The majority of research on climate change is conducted in the common law system. Neverthe- less, the impact on food security and the legal aspects of that issue seem to have remained a less studied topic. That is why the research conducted is pioneering.
Both authors of the monographs are lawyers and specialize in the European Union law – that is one of the reasons for choosing EU law perspective for the con- siderations. However, it must be stressed that the European Union is the global leader of climate change action. It has long been a motor in international negotiations on climate change and fights for a legally binding document in that field. Moreover, it was decided to place climate change in art. 191 of the TFEU and to incorporate funding on climate action into the EU budget.
The purpose of the research conducted within the project was to acquire and extend the existing knowledge concerning legal aspects of climate change impact on food security. The project is innovative as it links together legal aspects of climate change and food security, which has not been the subject of a comprehensive study so far. However, some aspects were discussed in the lit- erature and European Union’s strategies. Many articles and some books have been written in order to assess how far climate change needs to be conceived
1 P.G. Harris (ed.), Routledge Handbook of Global Environmental Politics, London 2014.
Introduction
18
as a security problem. Few authors have, however, attempted to tackle the issue of food shortages as an outcome of climate change. Also, none of them used the context of the EU legal system in order to link those two global problems.
That is another reason why the authors of this monographs found it important to discuss the topic.
The solutions presented so far by the EU have mainly taken the form of soft law. The aim of this research was to obtain a comprehensive picture of the legal aspects of potential impact of climate change on the European food security. The researchers focused on the vulnerability of the European food security in the context of ecological change and looked into the new challenges and opportunities that climate and food security might face in the nearest future.
The research was therefore aimed at developing a theoretical model which could serve the purpose of drafting a legally binding comprehensive act.
2. Problem definition
2. Problem definition
Climate change problems have recently become one of the most critical issues in law, politics and economy, both on domestic and international level. The prem- ises of international cooperation on the reduction of greenhouse gases emission responsible for global warming were set forth in the United Nations Framework Convention on Climate Change (UNFCCC; hereinafter referred to as the Climate Convention).2 The Climate Convention has initiated a process of devising norms of climate law that in the last years have become a comprehensive set of norms on climate protection. Said principles recur in the international, EU and domes- tic legislative acts. Their catalogue has not been closed, as the process of climate law formation has not been completed.3
2 United Nations Framework Convention on Climate Change, FCC/INFORMAL/84/Rev.1 GE.14- 20481 (E). The UNFCCC entered into force on 21 March 1994. Today, it has near-universal mem- bership. The 197 countries that have ratified the Convention are called Parties to the Convention.
The ultimate aim of the UNFCCC is preventing ‘dangerous’ human interference with the climate system. The consolidated versions of the Convention text, including amendments to Annex I and II, in all six official United Nations languages, have been prepared by the secretariat, and can be found at: http://unfccc.int/essential_background/convention/items/6036.php (access: 10.05.2018).
3 J. Ciechanowicz-McLean, Zasady prawa klimatycznego, „Gdańskie Studia Prawnicze” 2010, vol. 24, p. 329.
2. Problem definition
19
The Intergovernmental Panel on Climate Change4 reports find clear evidence that climate change is already having substantial and widespread consequences today and that strong and immediate action should be taken in order to mini- malize the negative impacts in the future. According to the 2014 Report, human influence on the climate system is clear and growing, with impacts observed across all continents and oceans. Many of the observed changes since the 1950s are unprecedented over decades to millennia. The IPCC is now 95 percent certain that humans are the main cause of current global warming. The more human activities disrupt the climate, the greater the risks of severe, pervasive and irreversible impacts for people and ecosystems, and long-lasting changes in all components of the climate system.5 The 5th Assessment Report of the IPCC published in 2014 confirmed with certainty that mankind will have to contend with significant challenges of climate change. Also vast majority of scientists holds a view that climate changes are a fact and their reason lies in man’s activity, e.g. deforesta- tion and burning fossil fuels (carbon, oil and gas) which causes greenhouse gas emissions.6 There are scientific findings showing that if the temperature rises by above 2ºC in comparison with the pre-industrial epoch, the environment across the whole world is likely to suffer from irreversible changes, the effects of which may be catastrophic also for future generations.
As a result of human activity, the emission level of greenhouse gases has been on the constant rise, leading to an increase in the average temperature in the world. The denser the layer of the greenhouse gases the Earth is coated with, the more energy is stopped. An increase in the temperature is bringing
4 The Intergovernmental Panel on Climate Change (IPCC) was established in 1988 by the World Meteorological Organization (WMO) and the United Nations Environment Programme (UNEP) in order to generate comprehensive, internationally co-ordinated scientific assessments of the mag- nitude, timing and potential environmental and socio-economic impacts of climate change and real- istic response strategies. Series of IPCC Assessment Reports, Special Reports, Technical Papers, Methodology Reports and other products have become standard works of reference. UN General Assembly Resolution A/RES/43/53 from 6 Dec.1988. See also: F. Johns, Non-Legality in International Law, Cambridge 2013, p. 153.
5 R.K. Pachauri, L.A. Meyer (eds.), Climate Change 2014: Synthesis Report. Contribution of Work- ing Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change, IPCC 2014, Geneva, p. 151.
6 M. Munasinghe, Sustainable Development in Practice. Sustainomics Methodology and Appli- cations, Cambridge 2009, pp. 137–138.
Introduction
20
about phenomena of an unprecedented scale in the world. The Arctic ice cap is melting and the sea level of the oceans is rising. Disappearing ice caps in the Arctic Ocean exert an adverse influence on atmospheric circulation.7 The intensifying incidence of extreme weather phenomena in the world is also put down to global warming. Violent downpours, hurricanes, waves of scorching heat have been currently appearing in the regions that have not experienced such extreme weather conditions in the past. The foregoing anom- alies have an increasingly visible and adverse bearing on economy, security, environment, man’s health and everyday life.8 Climate changes are leading to drying up of natural water reservoirs , desertification, drought, flood and, in consequence, hunger.9
Food security has always been dependent on the environmental conditions when it comes to production, storage and distribution, and food markets have always been sensitive to weather extremes and climate fluctuations. The scope and scale of the above interactions are changing dramatically, particularly because of climate change. This has started to rise concerns about food security, not only on governmental level, but also in private sector and non-governmental organizations. These problems seem to affect mainly the developing world, but it has become clear that the industrialized countries can hardly ignore the issue either. The EU, being the main importer of food products and the main source of scientific and technological capabilities, is in the possession of policy tools that can either stop or increase global food security.10
By the year 2050, the global population is expected to increase to 9.2 billion people, 86% of whom will live in less-developed countries and 70% in urban areas. It means that agriculture will need to provide 60% more food globally if it is to meet the demand at the current levels of consumption. Food and Agri- culture Organization (FAO) estimates that urbanization and changing lifestyles
7 K. Cowtan, R.G. Way, Coverage bias in the HadCRUT4 temperature series and its impact on recent temperature trends, Q.J.R. Meteorol. Soc. 2014, 140: 1935–1944. Doi: 10.1002/qj.2297.
8 R. Youngs, Climate Change and European Security, London 2015, p. 2.
9 Un/Natural Disasters: Communicating Linkages Between Extreme Events and Climate Change 2016, vol. 65(2).
10 M. Kaiser, C.M. Romeo-Casabona, Preface to Global food security. Ethical and legal challenges (in:) C. Casabona, L. Epifanio, A. Ciron (eds.), Global Food Security. Ethical and legal challenges, Wageningen 2010, p. 20.
