Russia Panel: BRICKS Special Issue: Arctic Security and Climate Change Policy?

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Introduction

Russia The Russian legal system

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Russia

Largest country in the word i.t.o. territory Third largest emitter of greenhouse gases (GHGs) 17.4 % of global GHG emissions Population of 142 million Territory of 17 million km2 Streching over 11 time zones

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The Russian legal system

Civil law principles Heritage: - Soviet law

- Russian Imperial Legislation - Other legal systems

Supreme source: 1993 Constitution Predominant sources: Federal statutes Sub-laws: - Presidential decrees

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Environmental awareness and education

Misconception of global warming and climate change

milder climate Decrease in expenditure on heating Increases in crop yield Development of the north sea route

Trying to increase environmental awareness

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Governmental climate change agencies

Enforcement: Ministry of Natural Resources and Ecology Monitoring: - Global Climate and Ecology Institute of the Federal Service for Hydrometeorology - Environmental Monitoring - Russian Academy of Science
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FCCC & Kyoto Protocol

Signed and ratified on - FCCC = 28 December 1994

- Kyoto Protocol = 18 November 2004

Negotiations for new global agreement 18.12

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Post 2012

Emmission reduction target for 2020 of 15% to 25% Depend on following conditions:

- accounting of the potential of Russias forestry - 18.13

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Climate change law and policy

Not directly or specifically address climate change No code or legislation for climate change mitigation There is well two categories of law as an attempt to established liability for contribution to climate change:

- general environmental and human rights law

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Role of Soviet law

Environmental law was administrative and the state almost own everything Law regulates use and protection Emphasis was placed on natural resources Not focused on monetary reward and compensation

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Principal environmental laws

Might be applied in climate change proceedings are: - Constitution

- Multilateral environmental agreements - - Environmental Protection Law - Water code 2006 - Forest Code
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- Law on Fauna

Principal environmental laws

Rules on civil liability for damages: Civil Code and Code on Administrative Offences No explicit or direct provision to establish liability of another party Unlikely that the environmental laws could provide a basis to establish a claim for liability

Level of complexity is added to 3/27/12 environmental law

Principal human rights law

Individual human rights is controversial Bowring states that Russia has, like all its European neighbours, a long and complex relationship with human rights and with the rule of law and judicial independence, which are its essential underpinnings.

Might be applied in climate change 3/27/12 proceedings are:

Indigenous people

160 distinct peoples in Russia Law protect the rights of certain indigenous peoples through the constitution Concept paper on the Sustainable Development of the Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation Rights has been criticised

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Kyoto legislation

Some regulations which address particular aspects of the Kyoto Protocol. Climate Doctrine 2009:

-coordinate activities to support the safe and sustainable development of the Russian Federation, taking into account climate change - activities in the area of climate 3/27/12 policy

Industrial and natural resources

National resources: - oil - largest natural gas reserves - second largest coal reserves - strategic minerals - timber

Infrastructure still in need for 3/27/12 modernisation

Main resources of GHG emissions in Russia:

83.3% - electricity and heat protection 8% - transport 7% - industrial sector 1.1% - residential sector 0.6% - other sectors

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National climate change risks

Between 1990 and 2000:

- annual surface air temperature increased by 0.4C - temperatures in the arctic rising at almost double the rate of global average - milder winters in Russia - melting permafrost
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- changing precipitation patterns

Climate change litigation in Russia

There have not been any specific cases in the Russian courts which can be classified as climate change litigation and despite the dramatic consequences no claimant has filed a lawsuit against any company The future of climate change litigation will be low and focus will be on economic development Litigation relating to climate change

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Public law

Under general environmental and human rights law or Kyoto legislation, claims in respect of climate change can be brought by:

- environment-related government agencies - individuals - companies

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- environmental NGOs

Environmental permits

There is a permit system in Russia that regulates the issuance of permits for environmental pollution Permits for: - airborne emissions - water discharge and waste disposal - handling hazardous waste

A party can request to review the 3/27/12 legality of a permit

Private law: Claims between private parties with respect to climate change liability face similar issues to those under public law Other law: Attempts have been made to integrate principles of international environmental law into general law, but Russian environmental law has remained much the same since soviet times. Criminal law: Could be invoked by the state against those contravening 3/27/12

Conclusion

Climate change has not been used as a ground for legal actions in Russia and that climate change liability proceedings are unlikely in the shortto-medium term. There is no specific regime in place that would enable such litigation, and the jurisprudence in this area has yet to develop.

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Arctic Security

Polar region lockated at the northernmost part of the earth Consists of the arctic ocean, Canada, Russia, Greenland, US, Norway, Sweden, Finland, Iceland Consists of a vast, ice covered ocean, surrounded by treeless permafrost The Arctic region is a unique area among Earth's ecosystems

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Prentjies van diere en plante

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The Arctic includes sizable natural resources (oil, gas, minerals, fresh water, fish and if the subarctic is included, forest) to which modern technology and the economic opening up of Russia have given significant new opportunities.

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Artic policy of Russia

Is the domestic and foreign policy of the Russian Federation with respect to the Russian region of the Arctic

Main goals of Russia in its Arctic policy are to use Russia's Arctic as a resource source, protect its ecosystems, use the seas as a transportation system in Russia's interests, and ensure that it remains a zone of peace and cooperation. 3/27/12

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