The Legal Eye - Faculty.law.ubc.ca - University of British Columbia

More documents

Recommendations

Info

Russia set to ratify Kyoto Accord by Michael Fox, Law III Having spent the better part of his nearly five years in office consolidating power in his own hands, using fear of terrorism as a justification for trampling on civil liberties, and emaciating the few checks and balances that the Duma (the Russian Parliament) placed on his actions, Russian President Vladimir Putin exercised his unfettered discretion in a rather benevolent way [October 12th], by stating his support for the Kyoto Accord, and saying that he would support Russia’s ratification of the treaty. [On October 22nd, the lower house of the Duma ratified the Accord.] Russia’s ratification means that the requisite 55 percent of global emissions has now been accounted for by the treaty’s signatories, paving the way for the treat to enter into force. But will the treaty actually make any difference? In Russia itself, at least, Kyoto will not require any reduction in emissions. This is because Kyoto requires its signatories to reduce emissions levels to what they were in 1990, which was just prior to the collapse of communism in Eastern Europe (and along with it the collapse of bloated, centrally-controlled Soviet industry). As Russia’s inefficient economy collapsed, so did its emissions. In fact, Russia actually has a “surplus” of emissions credits, which it can sell to other participating countries (such as Canada) who can in turn use these credits against their own emissions. In theory, this will allow overall global emissions levels to be reduced to their No difference noticed yet at UBC Law 1990 levels, even if some countries individually emit less and other countries individually emit more. Of course, as the old adage goes, in theory, there is no difference between theory and practice; in practice, there is. In order for global emissions to be reduced, the entire globe must participate. While signatories such as Canada and France may be successful in reducing their emissions to 1990 levels, non-signatories such as China and the US will not. As the Beastie Boys so eloquently note, “We got a President we didn’t elect/the Kyoto treaty, he decided to neglect.” The US, citing the non-participation of countries such as China as a major flaw in the treaty, decided to exacerbate that flaw by themselves withdrawing from the treaty. Their criticism, however, misses the point. As with many environmental problems, global greenhouse gas emissions are due almost entirely to the developed world, and only now are we beginning to be confronted with the long-term consequences of our past actions. Why, asks China, should they have to bear the burden of a problem that they had little or nothing to do with? The short answer is that whether or not China started it, China is now unquestionably a part of global greenhouse gas emissions, and cannot escape the consequences of its own actions. And so yes, in the humble opinion of this author, the fact that China is not a participant is clearly a flaw. Who is this person? © Steve Wexler Kyoto Protocol: Timeline of Development 1992: United Nations Member Governments meet in Rio de Janeiro, Brazil and create the United Nations Framework Convention on Climate Change (UNFCCC). 1997: Pursuant to the UNFCCC, UN Member Governments meet in Kyoto, Japan and develop the Kyoto Protocol, which sets targets for reductions in greenhouse-gas emissions. The treaty includes novel provisions, such as allowances for “emissions trading” which will enable individual countries to buy and sell unused emissions “credits” on international markets. 2001: Despite having pledged to ratify the Protocol, President George W. Bush announces that the United States will withdraw from the treaty, claiming that Kyoto “would cause serious harm to the US economy.” The US withdrawal throws the status of the treaty into serious doubt, leaving Russia as the kingmaker in the treaty’s fate. 2004: As of October 5, 2004, 126 countries had either ratified, accepted, acceded or approved Kyoto, responsible for 44.2% of global emissions. In order to enter into force, signatories must account for 55% of global emissions. Oct. 2004: Vladimir Putin announces his intention to ratify Kyoto; it is virtually certain the Russian Parliament (the Duma) will follow Putin’s lead. Russia’s ratification means that signatories will now account for 61.6% of global emissions, and the treaty will come into force. Already, an international carbon exchange (based in Europe) has sprung up, and along with it dozens of consulting firms, technology-start-ups and “carbon accountants.” London is fast becoming the world’s “carbon finance capital,” and is home to Climate Change Capital, the first merchant bank dedicated to carbon issues. However, there is a method to Kyoto’s madness. The point of binding only rich countries is to encourage innovation and the development of alternative energy sources. Ideally, as rich countries begin to develop alternative energy sources, the technology can be transferred to developing countries, who will then be able to reduce their emissions, but without bearing the cost of technological development. But without the participation of the US, the world’s prolific innovator, Kyoto may be doomed to fail, and the past seven years of negotiations may have all been for naught. At this point, it seems that people power is really the only way to avoid this. To once more quote the Beastie Boys: “Hold up wait up know we come correct/You wanna change things up, well hey just get set.” This article was first published in Volume 1, Issue 2 of “Greenspace,” the newsletter Environmental Law Group at UBC Law. Michael Fox is the co-Chair of ELG and the editor of “Greenspace. For more info, email elg-law@interchange.ubc.ca. Got an answer? Then, email us at contests@legaleye.ca. by Deborah Ling, Law II Page 10 The Legal Eye November 2004
All events are at the Curtis Law Building, 1822 East Mall unless otherwise noted. To submit a notice to Bulletin Board, please email us at events@legaleye.ca. The deadline is the 15th of the month preceding publication. compiled by Caley Howard, Law II David Yarrow UBC Law & Society is hosting a seminar by Dr. David Yarrow of Monash University in Australia, Monday Nov 1st in the Faculty Comference Room from 12:30- 2:00pm. Dr. Yarrow will give a seminar, entitled “Copyright, Empire and the Legal Independence of Canada.” For more info contact Prof. Wes Pue at pue@law.ubc.ca. Esoteric Magazine Benefit Esoteric invites you to a night of musical entertainment to support UBC’s creative magazine. The benefit will take place on Wednesday Nov 3rd at the world-famous Marine Club, 573 Homer St. (at Dunsmuir). Show starts at 9:00pm; cover is $7. For more info see the ad on page 9 or email esotericmagazine@hotmail.com. Margaret Hall The Centre for Feminist Legal Studies invites you to a lecture by Margaret Hall on Thursday Nov 4th from 12:30-1:30pm in Room 157. Prof. Hall will be speaking Bulletin Board about Bonnie Mooney’s civil suit against the police for not protecting her against her abusive ex-partner. For more info contact the CFLS at (604) 822-6523 or cfls@law.ubc.ca. LBS Billiards Night The UBC Law & Business Society is hosting a Billiards Night, Thursday Nov 4th, 6:00-8:30pm at Soho Billiards, 1144 Homer St. For more info email ubclbs@yahoo.ca. Night of a Thousand Dinners The Night of a Thousand Dinners will be held on Thursday, Nov 4th at the Strathcona Community Centre, 601 Keefer St. The event is a fundraiser for Landmines Action Canada and other landmines NGOs. Proceeds will go to education campaigns in landmine and non-landmine affected areas, de-mining projects, and artificial limb construction and fitting. The dinner starts at 7:30 pm; suggested donation is $10. For more info visit www.1000dinners.com, or email Johanna MacDonald (Law II) at jojomacd@yahoo.com. Lysyk Symposium A symposium honouring Mr. Justice Kenneth Lysyk, who served as Dean of UBC Law from 1976–1982, will be held November 5th-6th at the Law School. The symposium is organized around themes to which Ken Lysyk made special contributions: Aboriginal law, federalism, conflict of laws, and the 1981 Patriation Reference. For more info, visit http:// faculty.law.ubc.ca/lysyk. November 2004 The Legal Eye Kim Pate The Centre for Feminist Legal Studies is hosting a talk by Kim Pate, the executive director of the Canadian Association of Elizabeth Fry Societies, on Monday Nov 8th from 12:30-1:00pm in Room 157. The topic of Pate’s lecture is “Confessions of a Recovering Lawyer: Why Prisons are the Latest Answer to Poverty, Homelessness and Mental Illness.” For more info contact the CFLS at (604) 822-6523 or cfls@law.ubc.ca. Andreas Schloenhardt The UBC Law & Society Seminar Series presents a talk by Dr. Andreas Schloenhardt, a professor at the University of Adelaide Law School, on “Global Terrorism and International Criminal Law.” The talk will be held on Monday Nov 8th from 12:30-1:30pm in the Small Dining Room at Green College, 6201 Cecil Green Park Rd, UBC. For more info contact Prof. Wes Pue at pue@law.ubc.ca. Phi Delta Phi Meeting The McLachlin Inn, the UBC chapter of Phi Delta Phi (a fraternity promoting ethics in the legal profession) is having a meeting on Wednesday Nov 10th at 12:30pm in Candida’s. For more info about PDP, visit http://faculty.law.ubc.ca/phideltaphi. Charles Menzies The Xwi7xwa Indigenous Scholars’ Series is hosting a talk by Dr. Charles Menzies of the UBC Department of Anthropology and Sociology on Thursday Nov 25th from 12:00-1:30pm at The Longhouse, 1985 West Mall, UBC. The topic of Dr. Menzies’ talk is “Relations of Respect: Gitxaala Approaches to Sustainability and Conservation.” For more info visit www.library.ubc.ca/xwi7xwa. Peter Burns Dinner The UBC Faculty of Law and the UBC Law Alumni Association is hosting a retirement dinner for Prof. Peter Burns Thursday Dec 2nd at the Law Courts Inn, 800 Smithe St. Prof. Burns has been a member of the Faculty for 36 years, and is a highly respected teacher and scholar. Cocktails will be served at 5:30pm; the dinner begins at 7:00pm. Tickets are $80 each. Please RSVP to Judy Pozsgay at (604) 822-6350, pozsgay@law.ubc.ca, or to Gloria Casciano at 604-822-9165, casciano@law.ubc.ca. Law Library Resources The UBC law librarians remind students that the Law Library website is full of useful resources such as legal websites & databases links, research guides, and indexes to legal periodicals. Make the law library website your homepage: www.library.ubc.ca/law. Law Library Blog Want to know the current news & information of interest to UBC law students and faculty, or tips on legal research, or information about various events and sessions happening at the law library, then check out the Law Library’s blog at http:// careo.elearning.ubc.ca/weblogs/lawlib. Page 11
Page 1 and 2: First years, first month, free pizz
Page 3 and 4: It’s high time for some big chang
Page 5 and 6: A visit with Judge Mary Ellen Turpe
Page 7 and 8: tivities that the future may see. U
Page 9: Dershowitz puts America on trial by

The Legal Eye - Faculty.law.ubc.ca - University of British Columbia

Create successful ePaper yourself

Delete template?

Save as template?