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

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Introduction
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Russia The Russian legal system

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Russia
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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 .Presidential decrees 3/27/12 § .Other legal systems § § Supreme source: 1993 Constitution Predominant sources: Federal statutes Sub-laws: .

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 3/27/12 .

Governmental climate change agencies • Enforcement: Ministry of Natural Resources and Ecology Monitoring: .Russian Academy of Science 3/27/12 • .Global Climate and Ecology Institute of the Federal Service for Hydrometeorology .Environmental Monitoring .

FCCC & Kyoto Protocol § Signed and ratified on .Kyoto Protocol = 18 November 2004 § Negotiations for new global agreement 18.FCCC = 28 December 1994 .12 § 3/27/12 .

13 3/27/12 .18.accounting of the potential of Russia’s forestry .Post 2012 • Emmission reduction target for 2020 of 15% to 25% Depend on following conditions: • .

general environmental and human rights law 3/27/12 .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: § § .

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 § § § 3/27/12 .

.Environmental Protection Law .Principal environmental laws § Might be applied in climate change proceedings are: .Constitution .Forest Code 3/27/12 .Law on Fauna .Multilateral environmental agreements .Water code 2006 .

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. § § Might be applied in climate change 3/27/12 proceedings are: . like all its European neighbours. which are its essential underpinnings. a long and complex relationship with human rights – and with the rule of law and judicial independence.

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 § § 3/27/12 .

Climate Doctrine 2009: § -coordinate activities to support the safe and sustainable development of the Russian Federation.activities in the area of climate 3/27/12 policy .Kyoto legislation § Some regulations which address particular aspects of the Kyoto Protocol. taking into account climate change .

timber § Infrastructure still in need for 3/27/12 modernisation .second largest coal reserves .oil .strategic minerals .Industrial and natural resources § National resources: .largest natural gas reserves .

residential sector 0.1% .Main resources of GHG emissions in Russia: § 83.electricity and heat protection 8% .transport 7% .other sectors § § § § 3/27/12 .6% .3% .industrial sector 1.

melting permafrost 3/27/12 .temperatures in the arctic rising at almost double the rate of global average .milder winters in Russia .National climate change risks § Between 1990 and 2000: .annual surface air temperature increased by 0.4°C .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 § §3/27/12 .

claims in respect of climate change can be brought by: .environment-related government agencies .individuals .companies 3/27/12 .Public law § Under general environmental and human rights law or Kyoto legislation.environmental NGOs .

airborne emissions .Environmental permits § There is a permit system in Russia that regulates the issuance of permits for environmental pollution Permits for: .handling hazardous waste § § A party can request to review the 3/27/12 legality of a permit .water discharge and waste disposal .

Criminal law: Could be invoked by the state against those contravening 3/27/12 § § .§ 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.

§ 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.

Finland. US. Canada.Arctic Security § Polar region lockated at the northernmost part of the earth Consists of the arctic ocean. Iceland Consists of a vast. Norway. ice covered ocean. surrounded by treeless permafrost The Arctic region is a unique area among Earth's ecosystems § § § 3/27/12 . Greenland. Russia. Sweden.

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• Prentjies van diere en plante 3/27/12 .

minerals. fish and if the subarctic is included. forest) to which modern technology and the economic opening up of Russia have given significant new opportunities.§ The Arctic includes sizable natural resources (oil. 3/27/12 . gas. fresh water.

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. 3/27/12 . and ensure that it remains a zone of peace and cooperation.

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