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Chapter 1

INTRODUCTION TO GLOBAL WARMING: IT’S INDUCING FACTORS

1.1 Prelude:

Most of the information available on global warming is subject to contradictions –

contradictions that lead to differences of opinion between what and who is correct. As all

reports on global warming are not considered authentic (some are considered as emotional

outbursts, while some are regarded as skewed), exchange of dialogue, views and expectations

in the context of global warming gets meatier and perplex not just nations and their economy

but also affect the geographical, anthropological, sociological and psychological systems and

structures that exist today.

Impacts of global warming stand galore. The World Health Organization, United Nations

Environment Programme and the World Meteorological Programme observe that each year

more than 1, 50,000 people succumb on grounds associated or linked to global warming1. In

recent years, nature has witnessed several disasters, ranging from floods in Yugoslavia,

Romania, Serbia and Bulgaria to droughts in Sahel in Africa, from hurricanes in United

States of America to forest fires in diverse regions of the world such as Australia, Greece,

Spain and Portugal, from melting of Arctic glaciers and Antarctica ice-sheets to melting of

permafrost2. All such natural catastrophes leave profound impact on the diverse components

of nature. Loss of species, migration of species, change in the breeding seasons of animals,

shift in the growing seasons of plants, spread of diseases such as chickenguniya, malaria and

encephalitis, violation of human rights, etc. are some of the expressions of such catastrophes.

Such damage and destruction encompassing the subject of global warming poses certain

pertinent questions before us like:

1 http://www.guardian.co.uk/environment/2003/dec/12/climatechange.climatechangeenvironment

2 http://www.rupe-india.org/mail.html

2

1. Are we enduring such impacts due to the current emissions of greenhouse gases?

2. Is it global warming that is responsible for such impacts?

3. Is global warming an environmental change that has to be faced by us because of

industrialization?

4. Finally, if all the questions mentioned hereinabove are answered in the affirmative,

what legal regime exist at the international and national levels to tackle such issue and

what else can be undertaken to resolve the said crisis?

1.2 Definition of the term “Global Warming”:-

The Earth’s climate continuously changes following a natural process. It is as a consequence

of such natural process that the ice-cold climate of the Earth became favourable for the

evolution of mankind. The solar energy that passes through the Earth’s atmosphere is

absorbed by the surface of the Earth while a major portion of it is reflected into space. This

process, if continued naturally, would not have disturbed the atmosphere of the Earth and

hence would not have become a cause of concern. However, with industrialization,

overpopulation, land-use change, deforestation and change in lifestyles, the concentration of

the different gases present in the atmosphere have undergone change. Some of such gases

like carbon-dioxide, nitrous oxide, methane, etc., create a partial blanket over the Earth’s

atmosphere and do not allow the outgoing infra-red radiations to travel back into space. They,

in turn, trap the infra-red radiations and reflect them into the Earth’s atmosphere. This

mechanism of trapping gases is mostly adopted in greenhouses to take aid of the warmth

generated from such gases in the quicker growth of plants present therein. As the mechanism

involved is similar to what is deliberately done in a greenhouse, such effect in the Earth’s

atmosphere is known as the ‘Greenhouse Effect’. As a consequence of the greenhouse effect,

the global mean temperature of the Earth increases. Such increase in temperature continues

3

over a long period of time and is the main cause of extensive warming of the planet and

hence termed as ‘Global Warming’. The fallacy here is that warming of the Earth is necessary

to make it habitable otherwise the Earth would be a big ball of ice, non-conducive to life, but

such warming should be following the natural cycle. When the increase in the concentration

of the greenhouse gases happens irrationally due to human induced activities, the enhanced

greenhouse effect occurs and hence global warming.

The emission of the greenhouse gases has been on the rise since pre-industrial times but such

increase has become extensively rapid in recent times with the advancement of science and

technology, the increase in the burning of fossil-fuels and land use change. It may be

observed herein that the Fourth Assessment Report of the Intergovernmental Panel on

Climate Change published in 2007 has stated that the increase in the global greenhouse gas

emissions has been up to 70% between 1974 and 20063.

Apart from the naturally occurring greenhouse gases namely carbon-dioxide, methane and

nitrous oxide, there are certain other man-made greenhouse gases like chlorofluorocarbons

(CFCs), per fluorocarbons (PFCs), hydrofluorocarbons (HFCs) and sulphur hexafluoride

(SF6). Increase in the concentration of such man made gases further enhances the average

temperature of the Earth and causes the enhanced greenhouse effect. When the increase in the

stock of the greenhouse gases goes beyond the carrying capacity or the assimilative capacity

of the Earth, there occur manifestations of the same through changes in the weather regime

and impacts are also observed on the diverse ecosystems of the globe.

1.3 Global Warming - Relationship with Climate Change:

The Synthesis Report of the Fourth Assessment Report on Climate Change published by the

Intergovernmental Panel on Climate Change in 2007 clearly establishes the fact that global

3 Climate Change: Challenges to Sustainable Development in India, Rajya Sabha Secretariat, New Delhi, 2008,

Occasional Paper Series (3)

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warming is occurring at an alarming rate which is observable from the increase in the average

air temperature and ocean temperature, the widespread melting of ice-sheets and the rise in

the sea-levels. The Third Assessment Report of the Intergovernmental Panel on Climate

Change, published in 2001, established the fact of climate change and stated that it is beyond

the ‘normal’. Climate change refers to the changes brought about in the Earth’s climate

system over a wide period of time taking place mainly by human intervention or more

specifically, human induced global warming. Article 1 of the United Nations Framework

Convention on Climate Change defines ‘climate change’ as “a change which is attributable

directly or indirectly to human activity that alters the composition of the global atmosphere

and which is in addition to natural climate variability observed over comparable time

periods”.

Interpretation of such definition implies the following:

a) That human induced activities are primarily responsible for climate change;

b) That climate change brings about a change in the composition of the global

atmosphere, i.e., a change in the acceptable concentrations of gases in the

atmosphere;

c) That it is not naturally induced.

It has however to be kept in mind that all the impacts observed are not due to the current

emissions of greenhouse gases but a result of the cumulative impact of such emissions that

have happened since pre-industrial times. The temperature of the earth has already increased

by 0.8 degrees Centigrade since the Industrial Revolution4. With the current trend of global

warming, it is expected that there would be a further increase of about 0.7 degrees

4 Climate Change:Challenges to Sustainable Development in India, Rajya Sabha Secretariat, New Delhi, 2008,

Occasional Paper Series (3)

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Centigrade5. This means that in the recent future, there would be a total rise of about 1.5

degrees Centigrade even if we manage to arrest global warming today6.

1.4 Understanding Greenhouse Gases:

The major greenhouse gases traced till date include carbon dioxide, methane, nitrous oxide,

per fluorocarbons, chlorofluorocarbons, hydrofluorocarbons, etc. A deeper understanding on

these gases will help us in understanding global warming in a much better way.

I. Carbon dioxide (CO2): Of all the greenhouse gases, carbon dioxide is regarded as

the most significant contributor to global warming. It is the increase in the

concentration of the said gas that causes the maximum climate variability and climate

change. The pre-industrial concentration of carbon-dioxide was 280 parts per million

(ppm)7 while the said concentration rose to above 350 ppm in 1998

8. It has been

projected that with the current trend of increase in the concentration of carbon-

dioxide, the concentration of the said gas will be anything close to 500 ppm9 by the

end of the twenty-first century. Out of the six major identified greenhouse gases,

carbon dioxide has the highest lifespan of close to thousand years. Of this, about half

remains in the atmosphere for almost a hundred years scenario. Carbon dioxide is

generated through multifarious activities ranging from plant and animal exhalation to

volcanic eruptions and oceans, from decaying of plants and animal bodies to the

burning of fossil-fuels. It is said that most of the world’s economy runs on carbon and

hence with the burning of the fossil fuels, the concentration of carbon-dioxide is

constantly being liberated. In industrialised nations, coal, petroleum and natural gas

5 Climate Change:Challenges to Sustainable Development in India, Rajya Sabha Secretariat, New Delhi, 2008, Occasional Paper Series (3) 6 Ibid

7 http://www.fas.org/sgp/crs/misc/RL34266.pdf

8 http://www.guardian.co.uk/environment/datablog/2009/sep/02/atmospheric-carbon-dioxide-

concentration-emissions-climate 9 Patwardhan Anand, ‘Global Warming and India’, Seminar486-February 2000, Pgs. 63-67

6

are responsible for carrying out the major portion of the industrial functions and hence

the emission of carbon-dioxide is always on the rise. One of the other reasons for the

increase in carbon dioxide concentration in the atmosphere is the change in the land

use patterns which are constantly happening either to provide land for the burgeoning

population or to make way for biofuels production, little realising the fact that while

trying to reduce greenhouse gases, there is occurring an increase in the concentration

of such gases.

II. Methane (CH4): Methane is the second most noteworthy contributor towards global

warming. Being a hydrocarbon gas and having over a hundred year’s lifespan, it is

considered to be 21 times more damaging than carbon-dioxide by weight10

but its

availability in the atmosphere is less as compared to carbon-dioxide. Methane is very

readily available from manure of domestic livestock. Again, while digesting the grass

accumulated while grazing, the cattle exhale the poisonous gas, methane. Methane is

also a by-product of rice production and is found when organic matters decompose in

swamps. It is also obtained in the guts of termites and cud-chewing animals. It has

been observed that with each passing year, the concentration of methane in the

atmosphere is growing by about one percent11

. It has been observed in the Synthesis

Report of the Fourth Assessment Report of the Intergovernmental Panel on Climate

Change published in 2007 that the atmospheric concentration of carbon dioxide has

increased to 379 ppm in 2005 while the concentration of methane has shot up to 1774

parts per billion (ppb) in the same year12

. Such increase bypasses the natural range of

such gases over the last 650,000 years13

.

10

http://epa.gov/methane/scientific.html 11

www.epa.gov/highgwp/pdfs/ffa.pdf 12

http://www.ipcc.ch/pdf/assessment-report/ar4/syr/ar4_syr_spm.pdf 13 http://www.epa.gov/climatechange/science/causes.html

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III. Nitrous oxide (N2O): It is also another powerful greenhouse gas that is liberated into

the atmosphere through practices adopted in soil cultivation especially when organic

pesticides and fertilizers are used in farming activities. Biomass burning and fossil

fuel combustion also increase the concentration of nitrous oxide in the atmosphere.

The pre-industrial concentration of nitrous oxide in the atmosphere was found 0.27

parts per million14

by volume which has stealthily risen to 0.31 parts per million by

volume in 1998. Having the atmospheric lifespan of 114 years, nitrous oxide once

generated has the global warming potential of 298 for a 100 year time horizon15

.

IV. Chlorofluorocarbons (CFCs): These are synthetic compounds having industrial

origin and had huge usage as refrigerant coolants. At present their production and

release is highly regulated by international protocol and national legislations as it has

been scientifically proved that chlorofluorocarbons make significant contributions in

damaging the ozone layer of the atmosphere thereby leading to skin cancer.

V. Perfluorocarbons (PFCs): Aluminium and semiconductor chip manufacture has led

to the prominence of per fluorocarbons as a major greenhouse gas. Their atmospheric

lifespan is quite high and in the context of climate change, the major perfluorocarbons

include per fluoromethane and perfluoroethane. Soluble perfluorocarbons include the

oxygenated perfluorocarbons which are strongly present in the ocean environment.

Although the atmospheric concentration of perfluoromethane is around 100,000 times

lower than carbon dioxide, the radiative forcing of perfluoroethane is as much as one

five-hundredth of the radiative forcing16

due to carbon -dioxide. With the consensus

being generated about perfluorocarbons, the concentration of atmospheric

14

Sondergard Steven E., ‘Climate Balance: A Balanced and Realistic View of Climate Change’, Pg. 29 15

http://www.worldpreservationfoundation.org/blog/climate/un-ipcc-states-that-nitrous-oxide-n2o-is-298-times-more-powerful-than-carbon-dioxide-as-a-greenhouse-gas/ 16 Radiative forcing is a measure of the global warming effect of a chemical at a given atmospheric

concentration; http://what-when-how.com/global-warming/perfluorocarbons-global-warming/

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perfluorocarbons has reduced but the oxygenated perfluorocarbons has been found to

be present in the living tissues of humans, rodents and dolphins, etc. The oxygenated

perfluorocarbons have carcinogenic effects on human health and hence their emission

is necessary to be regulated.

VI. Hydrofluorocarbons (HFCs): While perfluorocarbons and sulphur hexafluoride

have atmospheric lifespan reaching to centuries, the atmospheric lifespan of

hydrofluorocarbons are several decades. However their ability to absorb infra-red

radiations is quite higher and it is such quality that makes it recognised as a major

greenhouse gas. As the hydrofluorocarbons do not contain ozone-destroying chlorine

or bromine atoms which deplete the ozone layer, their use as refrigerants and in air

conditioners continue to rise. Having the positive quality of protecting the ozone

layer, its use in recent times in the developing world has increased tremendously.

Projections reveal that by the year 2050, the use of hydrofluorocarbons will be 800

times more in the developing countries as that in the developed countries17

and the

said emissions are likely to warm the planet similar to 5-9 billion tonnes of carbon-

dioxide18

.

VII. Sulphur hexafluoride (SF6): According to the Intergovernmental Panel on Climate

Change, sulphur hexafluoride is a potent greenhouse gas whose global warming

potential is 23,900 times more than that of carbon-dioxide over a hundred year span

of time19

. Having excellent dielectric properties, sulphur hexafluoride is used for

insulation in electric power transmission equipments and in the semiconductor

manufacturing industries. It is also used as a tracer for gas leak detection. The sinks

17

Guus J. M. Veldersa, David W. Fahey, John S. Daniel, Mack McFarland, and Stephen O. Andersen, ‘The large contribution of projected HFC emissions to future climate forcing’, available at http://www.epa.gov/greenchill/downloads/Velders_PNAS.pdf 18

Beyond Carbon Dioxide: Growing Importance Of Hydrofluorocarbons (HFCs) In ClimateWarming ; Science Daily, June 22, 2009; available at http://www.sciencedaily.com/releases/2009/06/090622171503.htm 19 http://unfccc.int/ghg_data/items/3825.php

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available for sulphur hexafluoride are minimal and hence sources for its accumulation

include all man-made sources. Although sulphur hexafluoride is itself non-toxic, it

decomposes under electric stress and thereby produces toxic by-products20

.

Present records determine that globally there has occurred a steep increase in carbon dioxide

gas emissions from fossil fuels – approximately 21.39 billion metric tonnes (Gt) in 1990, the

benchmark year since when emission cuts began to be measured, to 22.97 billion metric

tonnes (Gt) in 1997, the year when the Kyoto Protocol was enacted to approximately 26.40

billion metric tonnes(Gt) every year during 2000-2005 and finally reaching 28.19 billion

metric tonnes (Gt) in 2005 (when the Kyoto Protocol was brought into force)21

. The question

that automatically crops in our mind after hearing all such quantitative amounts is that why

then has it taken so long for the environment to react to such high concentration of

greenhouse gases in the atmosphere. This is due to the fact that the oceans are much cooler

than the atmosphere and the thermal capacity of the water in the oceans is much higher than

the atmosphere. Further, the carbon dioxide stands dissolved in the oceans and such dissolved

carbon-dioxide does not have the ability to trap the sunlight and cause global warming. On

account of such features, it takes quite some time to warm and reveal itself through impacts.

Observing on emissions, it may be stated that most of the human induced emissions warm the

planet as they do not allow the long wave radiations to leave the earth and radiate back into

space. The exceptions to this list however include the aerosols such as organic carbon, soot,

sulphates, etc. and water vapour which in turn forms clouds that shower rains which cool the

planet by blocking the sunlight.

1.5 Causes Responsible for Global Warming:

20

http://www.ncbi.nlm.nih.gov/pubmed/10680375 21

http://www.rupe-india.org/mail.html

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The cumulative onus for such stupendous and sharp increase in the emission of the

greenhouse gases is singly borne by humans alone for it is us, humans, who have contributed

towards the menace only to uphold our selfish wants and desires. Discussing on the major

ways in which humans have aggravated the issue it can be said that the major sources to be

blamed for such high increase in the greenhouse gas emissions include the power sector,

industry and the transport sector respectively. The contribution of the agricultural sector

towards the occurrence of global warming cannot also be ignored considering the fact that

agriculture contributes 14% to the problem22

, a percentage share similar to that made by the

transport sector. In most cases, the contribution of agriculture as a predominant source of

global warming stands very less highlighted on account of its prominent utility in feeding the

masses and tackling food insecurity and also generating livelihood options. Another

important source responsible for the emission of large concentration of greenhouse gases in

the atmosphere is the land use pattern change. It would be pertinent to mention in this context

that the change in the land usage has a contribution of 18% towards the enhancement of

greenhouse gases23

with peat fires, peat decay, deforestation and the burning and decay of

biomass occurring worldwide. In Brazil, for instance, between the years 1999 and 2005, there

has occurred continuous carbon dioxide emissions to the extent of 1.11 billion tonnes every

year only due to deforestation24

. The other instance that would be relevant to cite in this

context is the case of Indonesia where the total emissions per year for the same period was as

high as 2.27 billion tonnes on account of deforestation engineered deliberately to create land

space for the growth of biofuels25

.

Natural factors have continued to warm the planet even prior to the Industrial Revolution also

even prior to when humans had their presence felt on the Earth. The geological records reveal

22

http://entertainment.howstuffworks.com/hsw-shows/sysk-crowd-sourced-quiz.htm 23

http://www.rupe-india.org/mail.html 24

Ibid 25 Ibid

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that such natural warming and cooling is a one thousand and five hundred years cycle which

began at least one million years ago. The last hundred years has noticed warming of the

planet and scientists are of the view that such warming is a recovery trend from the Little Ice

Age. There are several natural factors responsible for causing global warming, the most

prominent ones being, solar variability, continental drifts, changes in the Earth’s orbit,

volcanic eruptions, increase in the temperature of the oceans, plant and animal exhalation and

natural decomposition processes. Solar activity, for instance, is attended by increased solar

winds which shield the Earth from cosmic rays. As a consequence, the cosmic rays are not

able to play any meaningful role and help in cloud formation. Thus, when the sun’s activity is

stronger, there is a decrease in the formation of low-altitude clouds. Non-cloud formation

allows more sun’s rays to reach the Earth’s surface and thereby increase in the temperature

occurs.

It is human induced global warming that holds the real responsibility for the stupendous

increase in the concentrations of the greenhouse gases in the atmosphere. There are

multifarious factors accountable for the same, the most noteworthy being the burgeoning

overpopulation. Latest reports on world population mention that the current population of the

world is more than seven hundred billion26

with India housing more than 120 billion people27

.

Thomas L. Friedman in his book “Hot Flat and Crowded” has explained the present scenario

in a very lucid manner when he says:

“........It is getting hot, flat, and crowded. That is, global warming, the stunning rise of middle classes

all over the world, and rapid population growth have converged in a way that could make our planet

dangerously unstable. In particular, the convergence of hot, flat, and crowded is tightening energy

26

http://www.huffingtonpost.com/2011/07/11/world-population-day-high_n_894592.html 27 National Census, 2011

12

supplies, intensifying the extinction of plants and animals, deepening energy poverty, strengthening

petrodictatorship, and accelerating climate change.........”28

Resources have become limited to meet the requirement for such masses of population which

has in turn converted land use patterns to meet their social security needs. Migration of

people either in the name of urban prosperity or being forced upon to be displaced as a

consequence of developmental projects have both contributed to the change in land patterns.

Along with change of agricultural lands for urban settlements and industrial projects, forests

have been cleaned in major parts of the globe either to serve the requirement of timber or

non-timber forest produce or to engage the areas with more productive farming, namely bio-

fuel production. Sometimes however felling of trees has been continued indiscriminately

either with the connivance of forest officials or without them in the loop to meet other selfish

motives. As a consequence of over-felling of trees, the carbon sinks that are present in the

forests have shrunk thereby exposing us to further concentrations of carbon-dioxide. It can be

said that the unsustainable ecological resource management is one of the major factors that

induces global warming. The burning of fossil fuels to meet the demands of industrialization,

the emissions from the transport sector and the domestic sector continues unabated and hence

account for further global warming. The burning of coal and oil complemented with natural

gas has assisted mankind in the generation of wealth and prosperity but has also aided in their

destruction by enhancing climate change.

That global warming is here to stay is for sure but still the debate continues as to whether it is

naturally caused or human induced. Although the Human Development Report of 2007-2008

published by the United Nations Development Programme holds that there exists 90 percent

probability that global warming at the enhanced rate as it occurs in the present day is human

induced, there exist opponent views on the subject which hold that global warming is

28

http://www.huffingtonpost.com/2011/07/11/world-population-day-high_n_894592.html

13

continuing but it is not human induced. Such view opposes the findings of the

Intergovernmental Panel on Climate Change on the ground that most of the panellists of the

said Panel lack the required scientific qualifications. Also, the Intergovernmental Panel’s own

findings have been questioned by their own fraternity on grounds of questionable scientific

models being floated to proclaim global warming. The other submission made revolves

around the fact that, theoretically, the rate of global warming observed around the tropics

should be logically higher with the maximum being at six miles just above the Earth’s

surface. This, is however, not true in reality. According to the critics of human induced global

warming, balloon borne radiosondes reveal that there is rather a slight reduction in

temperature over the equator29

. Highlighting the said opposite stand, they firmly believe that

the natural causes of global warming have operated in the past and will continue to do so in

the future. Hence, the regulation of the carbon dioxide emissions is pointless. They further

highlight the positive outcomes of a warmer climate with more carbon dioxide and observe

that such climate is beneficial to a certain extent as it enhances agricultural productivity. It

has been observed that a slight increase in the concentration of carbon-dioxide in the

atmosphere would yield beneficial outcomes for countries such as Canada, Russia, Mongolia

and parts of northern Europe as their agricultural productivity will be enhanced.

Under the present backdrop, what remains prominently present is that global warming is

happening and is likely to continue in the near future at even higher rates if the present trends

of human induced global warming are not regulated. The Human Development Report of

2007-2008 further states that the greenhouse gas stocks are likely to increase by 4-5 parts per

million each year till the year 2035 if current trends of emissions continue. This means that

the accumulated stocks will increase to the extent of 550 parts per million which will in turn

29

Singer Fred S., “Global Warming: Man-Made or Natural?”, Imprimis, August 2007, Volume 36, No.8, available at http://www.hillsdale.edu/hctools/ImprimisTool/archives/2007_08_Imprimis.pdf

14

be anything close to 800 parts per million by the end of the 21st century. It therefore becomes

crystal clear that the sooner we are able to cut down such emissions, the lesser global

warming will occur and its impact on the future will also automatically stand reduced.

1.6 Impacts of Global Warming Enhances Global Warming:

It is not only the greenhouse gases that contribute towards global warming. Apart from the

emissions discussed hereinabove, the warming of the earth itself is also responsible for

generating effects that lead to further warming. As the ice-sheets melt, the melt water gets

formed. The melt water is darker than ice, and hence absorbs more heat thus resulting in

further warming. One of the foremost reasons for the speedy meltdown of the ice-sheets of

Greenland and Antarctica is due to such effect. Further, with the passage of time, the capacity

of oceans to absorb emissions reduces30

. The other impact of global warming which further

enhances global warming is the increase in global temperatures. With the rise in temperature,

metabolic processes get enhanced and allow the carbon dioxide in the soils to escape. This, in

turn, increases the concentration of carbon dioxide in the atmosphere which accelerates the

process of global warming.

Human aspirations and development patterns are responsible for global warming but when

the manifestations of global warming occur, the same is beyond human comprehension and

control. Hence in any discussion on global warming scenarios, two important points that

should be kept in mind are – firstly, it is immaterial where the emissions have occurred for

global warming impacts do not get determined and limited to geographical boundaries and

limitations and secondly, half of the emissions are supposed to be absorbed by oceans and

forests which act as carbon sinks. With the acceleration in the rate of global warming and the

rate at which deforestation continues, the number of such carbon sinks is sharply reducing as

30

Singer Fred S., “Global Warming:Man-Made or Natural?”, Imprimis, August 2007, Volume 36, No.8, available at http://www.hillsdale.edu/hctools/ImprimisTool/archives/2007_08_Imprimis.pdf

15

also the capacity of the oceans to absorb carbon dioxide is also getting reduced. Therefore an

effective and thorough assessment of the present global situation is necessary to be

undertaken for the sake of humans and for upholding the true spirit of humanity.

1.7 Objective of the Study:

The all encompassing existence of global warming is not subject to too many questions

today. What stands noticeable as a subject matter of question is the fact of unearthing the

existing direct visible impacts brought about by global warming and then matching them with

future projections on the issue. This is necessary to be commenced at the earliest to assess

the future of the planet. The subject of global warming has therefore to be gazed from climate

change that has happened or is likely to happen in the future.

There exist diverse direct and indirect methods to measure climate change. The direct

methods to measure climate change include the use of particular instruments to take regular

instrumental records of temperature, wind, sea-level and precipitation on a periodical basis

since the early nineteenth century while the indirect methods refer to measurements taken

using climatic indicators form paleoclimatic records such as from tree rings, the study of

corals, understanding ice cores and through borehole measurements. All such measurements

indicate that since 1750, the percentage increase in concentration of particular greenhouse

gases has been quite magnificent. While carbon dioxide concentration has increased 35%

more since the pre-industrial levels, the increase in methane and nitrous oxide concentration

has been around 153% and 18% higher31

.

All such evidences highlight that a comparative analysis of past and present visible changes

with the future projections is to be initiated on different parameters of the climate and the

diverse ecosystems to be certain on the growing dimensions of global warming. The objective

31

Peake Stephen and Smith Joe, “Climate Change: From Science to Sustainability”, Oxford University Press, Second Reprinted Edition 2010, Pg. 62

16

of the present study is to ascertain the findings of the present manifestations of climate

change impact and that of the future predictions to bring out the socio-political impact of

climate change on the entire world community and more especially upon India. Through such

study, the significance is to analyse and create a uniform framework of operation to deal with

global warming.

1.8 Issues and Problems:

Differences exist in the topography, geographical position, economical astuteness and

lifestyles of peoples of different countries and hence the limitations of countries exist

dependent on their capabilities and unique positioning. It is such differences that finally lead

to the emergence of issues in dealing with any global issue of concern. In attempting to assess

the impact of global warming, what is sought to be established is the fact that the issue of

global warming transpires as a modern environmental problem although we can trace its

existence since 1750 onwards. The modernism in global warming can be detected under two

counts – one, in the manner in which the impacts that are manifested can be addressed and

two, the modern independent touch inflicted by nations across the globe in dealing with such

contentious issue. The risks from extreme climate events are undoubtedly necessary to be

addressed through global concerted unified actions but the contentious issue of discussion is

the fact whether such concerted unified actions is possible to be undertaken in an

economically, politically and ideologically divided world.

1.9 Hypothesis of the Study:

The occurrence of global warming cannot be questioned in the twenty-first century.

Deliberations are regularly continuing between the developed, developing and the least

developed economies to find solutions to tackle global warming without hampering their

respective priorities and their respective capabilities. What can become the area of discourse

17

is the question whether it is possible to tackle the said socio-economic problem of global

warming in a unified manner which is globally acceptable. The present research study

attempts to discuss on the said issue and endeavours to arrive at prospective and positive

conclusions to deal with the contentious issue of global warming.

1.10 Research Methodology:

The title of the research work is a reflection of the very purpose the research study. This

research study is basically concerned with the analysis of the legal framework on global

warming both at the national and at the international levels. It attempts to showcase the

changes that have been proposed to be undertaken at the international and at the national

levels and the objective of proposing such changes in place of more prospective alternatives

with sustainable futures. The said study further attempts to highlight whether there is the need

for an alternative system of environmental governance to tackle the issue of global warming

at the international level and if so, what should be the legislative strength of such governing

authority.

The study of global warming is undertaken by analysing the diverse impacts of climate

change with the future projections to arrive at an understanding of the existence and the

expansiveness of the problem. In attempting to understand the same, literature review of

articles from books, journals, magazines, news reports and web references have been done

and the practical existence of the problem has been further grounded by analysing the diverse

legal documents on the issue. The assistance has also been taken from law journals, study of

international relations documents, case law references, periodicals and resolutions of the

United Nations. Furthermore, library research and books on contemporary environmental

issues and on globalization related and/or associated to the subject-matter have also been

used for the research study. In understanding the issues involved, secondary data has played

18

an integral role as most of the information obtained has been gathered from legal and non-

legal documents pertaining to global warming and climate change.

1.11 Limitations of the Study:

An-in-depth study has been undertaken to reveal the political clout that exists in the world

related to the issue of global warming. However in undertaking such study, proper

explanation of particular facts could not be provided due to lack of relevant information on

the said issue. For instance, relevant information on the quantified usage of water in the

developing economies prior to the initiation of developmental activities and post

development activities is not available and hence substantive understanding on the said issue

is not possible to be given.

1.12 Organization of the Study:

The entire thesis or research work has been segregated into seven chapters, including the

present introductory chapter and ‘Conclusions and Suggestions’. A brief outline of the plan of

study adopted is as follows:

1. Chapter 1: Introduction to Global Warming: Its Inducing Factors

This Chapter outlines the concept of global warming and introduces the relevance of

global warming with climate change.

2. Chapter 2: Facts on Global Warming

This Chapter observes the present impacts of climate change and highlights the future

projections of climate change.

3. Chapter 3: Legal Problems and Issues

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This chapter focuses on the legal issues and problems associated with global warming

and thereby act as the foundation on which further discussion proceeds in the

forthcoming Chapters.

4. Chapter 4: International Legal Framework of Action to Resist Global Warming -

An Indepth Study

The existing international legal framework both within the aegis of the United Nations

and outside it established to deal with global warming is the subject-matter of discussion

in the present Chapter. It also analyses the said framework to highlight the loopholes

existing in such framework.

5. Chapter 5: National Legal Measures to Combat Global Warming – A Necessary

Initiative

The national legal framework to tackle the problem of global warming is evaluated in

the present Chapter. Emphasis has been laid to highlight the legal scenario from the

stage of planning to the stage of implementation followed by interpretations of the said

laws made by the Judiciary in this regard. An analysis of the entire legal framework of

India brings out an interesting shade in the study of environmental law and more

especially in the study on global warming.

VI. Chapter 6: Public Involvement in Combating Global Warming

Enactment of laws merely cannot help in tackling the contentious issue of global

warming. The present Chapter emphasize on the role of public participation in helping to

combat climate change and discusses the different mechanisms that are operative to

establish public participation in the domain of global warming.

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VII. Chapter 7: Conclusions and Suggestions

The concluding remarks based on the present research work is depicted in the present

Chapter along with suggestions to adapt and mitigate the said issues that would help in

arriving at the solutions to the issues involved, conscientiously.