1. REVIEW OF THE LEGAL FRAMEWORK AND POLICY TOOLS FOR ADDRESSING CLIMATE CHANGE: SUMMARY OF SEVEN ASIAN COUNTRY STUDIES SUPPORTED BY UNEP-AECEN Presented by Peter King 2008 AECEN Regional Forum Bali, Indonesia November 2008

2. Objective of Reviews Reviews of the legal framework and policy tools for addressing climate change in China, Japan, India, Indonesia, Philippines, Thailand and Vietnam are intended to explore how the legislative framework and enforcement of the laws can be strengthened, especially by comparing country studies and experience. This synthesis report summarizes results of seven country papers supported by UNEP and AECEN, of which two will be presented at AECEN Forum.

3. Climate Change Human contribution to climate change is unequivocal – uncertainty is no longer an excuse for inaction.

4. Asia’s Contribution to Climate Change No global solution is possible without a comprehensive Asian contribution.

5. Climate change impacts already occurring - more are inevitable 1°C2°C5°C4°C3°C Sea level rise threatens major cities Falling crop yields in many areas, particularly developing regions Food Water Ecosystems Risk of Abrupt and Major Irreversible Changes Global temperature change (relative to pre-industrial) 0°C Falling yields in many developed regions Rising number of species face extinction Increasing risk of dangerous feedbacks and abrupt, large- scale shifts in the climate system Significant decreases in water availability in many areas, including Mediterranean and Southern Africa Small glaciers disappear – water supplies threatened in several areas Extensive Damage to Coral Reefs Extreme Weather Rising intensity of storms, forest fires, droughts, flooding and heat waves Possible rising yields in some high latitude regions Risk of irreversible impacts increases strongly as temperatures increase

6. Positive Response Measures Response to UNFCCC and Kyoto Protocol - all countries reviewed have ratified the Convention and Kyoto Protocol and adopted a range of national policies to implement the convention and protocol. Emerging legal and regulatory measures to implement the Kyoto Protocol, according to Annex 1 and non-Annex 1 country obligations Institutional arrangements for climate change: Most of the governments have set up special institutional arrangements to address climate change

7. Positive Response Measures (cont.) Integrating climate change objectives into national plans – Most of the governments concerned prepare 5-year social and economic development plans and are integrating climate change objectives into those plans Sector laws are contributing to climate change efforts – energy conservation, forestry, air pollution, ozone depletion, biofuels, vehicle emission standards etc. Climate Change Programs – Japan’s Voluntary Action Plan on Environment, Top-Runner Program; Vietnam’s Strategy of Natural Disaster Prevention, Combat and Mitigation; China’s National Program on Climate Change; India’s mandatory energy audits; Thailand’s air quality control program; and Philippines energy conservation program and air pollution control.

8. Current Legislation Directly related to climate change: Japan’s Climate Change Policy Law 1998 Environment Laws: Japan’s Basic Environment Law 1993 Vietnam’s Law on Environmental Protection 2005 China’s Environmental Protection Law 1989 India’s Environment (Protection) Act (1986); Air (Prevention and Control of Pollution) Act 1981 Indonesia’s Environmental Management Act 1997 Philippines Clean Air Act 1999

9. Current Legislation (cont.) Energy Laws: Japan’s Energy Conservation Law (1979, 1999); Renewable Energy Portfolio Standard Law (2003) China’s Law on Coal (1996); Law on Energy Conservation 1997 (2007); Renewable Energy Law (2005) India’s Energy Conservation Act (2001) Thailand’s Energy Conservation Promotion Act (1992); Energy Development Promotion Act (1992) Indonesia’s Energy Act (2007) Philippines Republic Act 7638 of 1992; Biofuels Act

10. Current Legislation (cont.) Transportation Sector: Vietnam’s Law on Road Traffic (2001) India’s Motor Vehicles Act (1988); Pollution Under Control Norms (2004) Thailand’s Land Traffic Act (1992); Land Transportation Act (1979) China’s Air Pollution Prevention and Control Law (2000)

11. Current Legislation (cont.) Other Sectors: China’s Cleaner Production Promotion Law (2002) Thailand’s Town and Country Planning Act (1975); Building Control Act (1979); Land and Household Tax Act (1932); Locality Tax Act (1965) Vietnam’s Strategy of Natural Disaster Prevention, Combat and Mitigation toward 2020 Philippines Law on Agriculture and Fisheries Modernization 1997

12. Gaps in Legislation Few direct climate change laws Need for reconciliation with economic growth promotion priorities Fragmentation and outdated laws Response to conflicting institutional arrangements Unclear assignment of responsibilities Inadequate sanctions in command-and-control legislation – insufficient incentives Missing supporting regulations and standards CO 2 not regulated as a pollutant Excessive reliance on command-and-control legislation

13. Enforcement Challenges Insufficient specificity in the laws Lack of quantitative targets and time lines Excessive exemptions and flexibility Reliance on voluntary compliance and self- reporting Conflicts between related laws Excessive legislative complication Inadequate sanctions and incentives Lack of public participation

14. Enforcement Challenges (cont.) Prosecution challenges, policing inadequacies, and few legal precedents Administrative constraints – staffing and funding priorities Decentralization without sufficient resources or staff capacity Monitoring challenges and lack of reliable data

15. Conclusions & Recommendations Strongly link climate change and sustainable development Consider an umbrella climate change law Mix policy instruments – command and control, economic instruments, and voluntary compliance Review and revise sector laws and achieve co- benefits Enact laws and policy to implement adaptation Empower communities to participate in climate change measures – class action Upgrade compliance and enforcement

16. Thank you Comments and suggestions to: pnking1948@yahoo.com.au