Legal Approaches to Tackle
Climate Change in AsianCountries
Naoyuki Sakumoto
Japan External Trade Organization1

タイ・マプタプット工業団地(出所）Bangkok Post 09.02.2010 “Thai PM looks to Japan for pollution solutions”（http://www.thainewsland.com/a429259-thai-pm-looks-to-japan-for-pollution-solutions）

22タイ･マプタプット（２）(出所）Bangkok Post October 19, 2009
“Map Ta Phut closures a wake up call Time to move industry to rural
hinterland“（ｈttp://www.readbangkokpost.
com/business/industries/map_ta_phut_closures_a_wake_up.php）(出所）Bangkok Post October 21, 2009
”Cheap air pollution monitoring for Map Ta Phut: Trace source of
toxic chemical emissions in real time“(http://www.bing.com/images/search?q=Map+Ta+Phut&view=detai
l&id=27766D73C8F2B1B03C5B0419570ABDA6339DFD1B&first=
1&FORM=IDFRIR)

33

カンボジア・廃棄物処分場(出所）筆者撮影（２００６．８）

44

カンボジア廃棄物処分場

55

インドネシア・シドアルジョ火山泥(出所）筆者撮影（２００６．８）

66

(出所）筆者撮影（２００６．８）

77

シドアルジョ住民避難キャンプ村(出所）筆者撮影（２００６．８）

88

避難キャンプ村で日に2回、提供されていた弁当と飲料水(出所）筆者撮影（２００６．８）

99

シドアルジョで救済を訴える住民ら(出所）筆者撮影（２００8.2）

10
10

「デモの垂れ幕には、生活の権利を侵害された、裁判官らはラピンド社の責任を免除するのかと」1111インドネシア・チレボン漁港(出所）筆者撮影（２００７.１１）

12
12

チレボン漁港の周辺(出所）筆者撮影（２００７.１１）

13
13

インドネシア・ジャカルタ市内のチリウン川周辺
民家(出所）筆者撮影（２００９.２）

14
14

ジャカルタ郊外･ボゴール乾季時の川(出所）筆者撮影（２００９.２）

15
15

ジャカルタ郊外・バンタールグバ
ン廃棄物処分場（１）(出所）筆者撮影（２００６.８）

16
16

バンタールグバン廃棄物処分場（２）(出所）筆者撮影（２００６.８）

17
17

I．
II.

Introduction
International negotiations on climate change
and developing countries
III. Available legal approaches to climate change
in developing Asian countries
IV. Internationally supported approachV.
Domestic & sub-regional cooperation approach
VI. Conclusion

18

I. Introduction
Status of Global Warming and Asia
Global warming is prospected to cause irreversible huge environmental
impacts to our planet.
Anthropogenic carbon dioxide consumption, produced by the burning offossil fuels such as coal and oil is assumed as the main cause of global
warming.
Presently, China became the world-largest CO2 emitter and India will follow
this trend. China and India are highly populated and achieving rapid
economic progress, but their environmental impacts are threatening theworld climate situation.
CO2 emission amount from Asian region already occupied 44% of the world
total amount in 2010. It is predicted that total emission amount from Asia
region will reach over 50% of the world total in the year of2030(International Energy Outlook 2011).


However, international negotiations on climate change sometimes become
deadlocked. Effective solutions have not yet been found. Without thepositive participation and implementation of reducing Co2 by developing
countries and USA, it would be impossible to achieve the global CO2
19
mitigation target.

World CO2 emissions by region（MMton/CO2）
2010

2020

2030

7123

6693

6924

7431

United States

6022

5644

5777

6108

Other

1101

1049

1147

1323

OECD Europe

4413

4094

4147

4198

OECD Asia

2206

2074

2181

2253

Japan

1254

1090

1142

1110

South Korea

503

528

562

634

Australia/New Zealand

449

456

477

509

Total OECD

13742

12861

13252

13882

Non-OECD Europe and Eurasia

2790

2759

2767

2863

Non-OECD Asia

9416

11736

14475

18238

China

6257

8262

10128

12626

India

1367

1602

2056

2728

Other

1793

1872

2291

2884

Middle East

1479

1692

2019

2435

Africa

1016

1107

1311

1568

Central and South America

1085

1150

1386

1654

Total Non-OECD

15786

18445

21958

26758

Region/Country

OECD Americas

2007(Source) EIA International Energy Outlook 2011, Sept. 2011.

20

World annual average temperaturerise, sea-level rise and snow covered
area decrease(1961-1990)

World average temperature rise⇒

World average sea-level rise⇒

Decrease of snow covered area
In northern hemisphere⇒
IPCC Fourth Assessment Report21

(Source) IPCC Fourth Assessment Report data processed by MOE, Japan

22

23

(Source) IPCC Fourth Assessment Report data processed by MOE, Japan.

24

Prospected Impacts to AsianRegion











By 2050, more than 1 billion people may have negative impacts due toinsufficient water resource.
Diarrhea disease may increase due to flooding and droughts.
Toxicity of vibrio chorea may increase, due to the temperature rise of sea
water.
Cereal production in South and SE Asia may increase up to 20% by the
middle of 21 century.
One meter sea level rise in the Asia-Pacific region would force 75 to 150 million
people to be displaced. Global prospect of sea-level rise is up to 16 centimeters (sixinches) by 2030, and up to 50 centimeters by 2070.
Low river delta areas of Bangladesh, India, Vietnam and China, as well as small
Pacific islands would be flooded.
Increased temperature and rainfall would expose millions of people to the infectious
diseases of Dengue fever and chorea.
Frequent flooding and intensification of tropical cyclones would increase the numberof causalities and the destruction of natural resources.

(Source) IPCC Fourth Assessment Report data processed by MOE, Japan,
and WB HP.

25

IPCC Fourth Assessment Report26II. International negotiations
on climate change anddeveloping countries

27

Brief history of international
negotiations on global climate
1992 United Nations Framework Convention on
Climate Change /UNFCCC adopted
1994 UNFCCC took effect. Developed countries must
reduce GHG emission to the level of 1990 yr levelby 2ooo yr.
1997 Kyoto Protocol adopted(COP3)
2005 Kyoto Protocol took effect2007 IPCC 4th Assessment Report
2007 Bali Action Program and BaliRoadmap(COP13)2009 Copenhagen Accord(COP15)2010 Cancun Agreements(COP16)
2012 Durban Platform for Enhanced Action(COP17)28
2013 To be held at Qatar(COP18)

Recent developments ofinternational negotiations on climatechangeFrom Copenhagen Accord/COP15, to Cancun
Agreement/ COP16, and to Durban
Agreement/COP17, and the coming future・Copenhagen Accord was only taken noteof by the conference parties. Because It
was criticized by some developing
countries that the decision making process
was not transparent and non-democratic.
Under the UNFCCC, consensus method wascommon as the decision making rule.
・ Main discussion was directed to the 2ndcommitment period of the Kyoto Protocolthat starts from 2013.
29

CancunAgreement(COP16)(1)








Much attention was paid to transparent decision making.
Trust seemingly lost between parties have recovered.
Decision-making process at Cacun was evaluated. No
previously prepared paper by the Chairman was distributed.
Two working groups on the long-term cooperative Action(AWG13) and the Kyoto Protocol(AWG15)were respectively
held and 3 decisions were made. ① Long-term cooperative
action under the Convention, ② the 2nd commitment of the
Kyoto Protocol , and ③ on landuse / landuse change/
forestry, respectively.
Preparation for the 2nd Kyoto commitment was argued andagreed. But, Japan, Canada, Russia were opposite. Setting
emission targets itself was agreed but the target emission
amount was sent to Durban Conf.
It was agreed that instead of using QELROs (Quantified
Emissions Limitation and Reduction Objectives: 5-year
mean emission amount), target emission amount was
adopted.
30

Cancun Agreement(COP16) (2)Cancun conference provided a solid preparation basis for the
Durban conference. What was agreed on is as thefollowing;
･

・
・
・
・
・

Emission Reduction: Term of emission reduction target/action of GHG was officially fixed for both developed andmajor developing countries. Internationally supported
mitigation action must accept MRV (Measurement,
Reporting and Verification).
Large scale emission reduction to keep the temperaturerise within ２℃ before 2050.
Adaptation: Adaptation Committee will be set-up.
Market Mechanism: Study of establishment on the newmarket mechanism under COP17.
Financial Resource: Establishment of Green Climate Fundto support poor developing countries and the relatedtransitional committee.
Technology: Establishment of climate technology center
31

Results at UN Climate Summit
in Durban(COP17)
Green Climate Fund :Raising US$100 billion a yearby 2020 to help poor nations fighting global
warming Durban Platform: All countries shall sign a pact“with legal force” by 2015, which will become
effective in 2020.
 Kyoto Protocol: The first commitment period set
was to expire at the end of 2012, but theextension for the 2nd commitment period to 2017
was agreed.
 MRV: Strengthening the existing system ofreporting and expert review to establish newmechanism for peer review of mitigation actions
through measurement, reporting and verification.32
Different interest Groups in global
climate negotiations
EU has been warning the serious impacts ofglobal climate issues and insists on
drastic CO2 emission reduction.
USA has stressed scientificuncertainties on global climate andis negative insetting mitigation goal of CO2..

Japan, Russia and Canada did not join in the second
Commitment of the Kyoto Protocol. Canada pulled out.
China and India condemn that developed countries havecaused climate issues and criticize the lack of
responsibilities of developed countries. BASIC (Brazil
South Africa, India and China).
Small island countries are worried because climate
issue may become a critical life or death matter(AOSIS).

33

Different socio-economic, environmental
situations and different interest exist.
・Newly developing super economies (china & India): need moreenergy use and insists on more CO2 emission to support
their economies and to alleviate domestic poverty (BASIC).

・LDC (Least developing countries) are poor economically andsome included are extremely vulnerable to climate change.
・SIOSIS geographically vulnerable island countries are mostly
located in the South Pacific and they have a potential to
become submerged by the sea water rise.
・OECD country: Japan, Korea make efforts within theircapacities to mitigate the world CO2 emission volume.

34

China as the biggest emitter of GHG
and as an emerging new economic
power(COP17at
Durban)China's top negotiator Xie Zhenhua said;"What needs to be pointed out is that developed
country lacks political wills to reduce
emissions and provide finance and technology
transfer to support developing country. The lackof political wills is the main element thathinders cooperation on addressing climate change
in the international community,"
Xie also said the nation is open to a legal
framework after 2020 on the principles, based on
five preconditions including an extension of the
Kyoto Protocol and the principles of "common but
differentiated responsibilities".
35

UNEP (COP1７ at Durban）“The Kyoto principles should not be lost,whether you call it a second commitment
period, an extension or whatever isagreed,as long as it keeps the Kyoto
Protocol alive, it would be good,”
said Achim Steiner,
Executive Director, UNEP.

36

Tasks left for the coming
negotiation of COP 18
 Establishment of the 2nd Kyoto

commitment period and theimplementation

 Negotiations under the Durban Platform Implementation of the Cancun Agreement37

III. Available legal approaches toclimate change in developing Asian
countries
A.

Internationally supported approach:Non-legal binding cooperative approach under UNFCCC ⇒Top-down decision-making approach at an international level is
not always efficient and functional without local support. It
will gradually be changed to a legal-binding and integrative
approach under UNFCCC through consensus method. However, thedecision-making process will stay basically as top- down.

B.

Domestic & sub-regional cooperation approach: as acomplementary tool to develop international framework. It
is a slow but steady approach, however, bottom-up
approach by locals/regions through well-mixed integrativeenvironmental management measures will be supportive. .

38

IV. Internationally supported
approach39Non-legal commitments by developing
countries under UNFCCC (Art.4.1)
1. National inventories of anthropogenic emissions by sources andremovals
2. National and regional programmes containing measures to mitigate
climate change
3. Transfer, of technologies, practices and processes that control,
reduce or prevent anthropogenic emissions of greenhouse gases
4. Sustainable management, conservation and enhancement, as
appropriate, of sinks and reservoirs of all greenhouse gases
5. Adaptation to the impacts of climate change
6. Climate change considerations into account, to the extent feasible
7. Scientific, technological, technical, socio-economic and otherresearch
8. Full, open and prompt exchange of relevant scientific, technological,
technical, socio-economic and legal information
9. Education, training and public awareness10.Communication of the Conference of the Parties information related
to implementation
40

Environmental principles adopted
under UNFCCC(Art.3)
1.The basis of equity, common but differentiatedresponsibilities and respective capabilities
2.Specific needs and special circumstances ofdeveloping country Parties
3. Precautionary measures to anticipate, preventor minimize the causes of climate change andmitigate its adverse effects. Where there arethreats of serious or irreversible damage, lackof full scientific certainty should not be used
as a reason for postponing such measures
4.The Parties have a right to, and should, promotesustainable development.
5.The Parties should cooperate to promote a
supportive and open international economic
system that would lead to sustainable economic
growth and development in all Parties,
41
particularly developing country Parties.

Supporting Measures to developing
countries under UNFCCC・ MRV (measurement, reporting and verification) Started discussion at Bali
Roadmap and strengthening MRV was agreed through Copenhagen Accord andCancun Agreement. Submission of National Report needed once in two years likedeveloped countries. （ 途上国の行動の見える化）・・

Adaptation, NAPAs (National Adaptation Programme of Action) 47 reports on
urgently needed programmes from LDCs were submitted to UNFCCC for funding
from GEF.)
Mitigation （Formulation of low carbon development strategy/plan and the emission
target , same with developed coutries)

・Green Climate Fund (GCF)

to support LDC

・Technology transfer (decided to establish Climate technology center)・ Market mechanism: CDM, Carbon trading, REDD+.
42

National Adaptation Programmes of Action : Index of projects
by sector in Asia
NAPA
bysectorCrosssectoralprojects( 5 )FOOD
SECURITY(9)COASTALZONES/MARINE
ECOSYST
EMS(8)EARLY
WARNINGSYSTEMAND
DISASTERMANAGEME
NT9))EDUCATIO
N/CAPACITY
BUILDING(4)HEALTH(6)

INFRASTRUCTURE(7)

INSURA
NCE
(1)

TERRE
STRIA
L
ECOSY
STEMS
(8)

TOURI
SM(4)

WATER
RESOURCES(
11)

BangladeshMaldives
Samoa
SolomonIslands

Bangladesh
Cambodia
Lao PDR
Maldive
s
Nepal
Samoa
TimorLeste
TuvaluVanuatuBangladesh
Cambodia
Kiribati
Maldives
SolomonIslands
TuvaluVanuatu

BhutanCambodia
Comoros
Lao PDR
Nepal
Samoa
SolomonIslands
TimorLeste
TuvaluBangladesh
Lao PDR
Nepal
TimorLeste

Cambodia
Maldive
s
Nepal
Samoa
TimorLeste
TuvaluBangladesh
Cambodia
Maldives
Samoa
SolomonIslands
TimorLeste

Bangla
desh

Afgha
nista
n
Bhuta
n
Cambo
dia
Lao
PDR
Nepal
Samoa
Timor
Leste
Vanua
tu

Samoa
Solom
on
Islan
ds
Vanua
tu

Afghanistan
Bangladesh
BhutanCambodia
Lao PDR
Maldives
Nepal
Samoa
Timor Leste
TuvaluVanuatu

Sectors are requested adaptation activities and projects by LDC.
（Source.UNFCC. National Adaptation Programmes of Action, 2011.11）

43

・ Negotiation pattern is being varied. EU and LDC and AOSIS became one groupto support the Kyoto Protocol and newly emerging big developing countries
China and India were against this EU group. Japan, Russia and Canada willagainst the 2nd Kyoto commitment.
Secondly, the change to a more legal binding framework under UNFCCC toevery party was supported also by LDC.
・ Does this means that the traditional pattern of understanding North-south issue
may no longer be applicable to the Durban negotiation? It could be understoodthat developing countries are being differentiated in their responsibilities before
such global common issues. Environmental interest, if any, is becoming aserious socio-political issue to every people and country.

・ However, as Prof. Takamura* writes in her writing, general concern and doubt
toward developing countries are increasing because some countries are
inducing economic interest through CDM projects and other financial
mechanisms. Many developing countries are sometimes criticized because of
the lack in their efforts and incentives in implementing aided projects byinternational organizations.
+ Yukari Takamura “Sho-ene, ondanka-taisaku to kokusai-kyoryoku,” Kikohendo wo meguru seisaku-shuhou to Kokusai-kyouryoku, Shojihomu，２０１０．

44Domestic & sub-regional
development approach
Why such a need arises to look from domestic laws and policies
about Asia ?
(1)
Implementation of law and policy on climate change must be
strictly based on domestic laws in respective country. However,lack of insufficient governance capacity is still outstanding
almost all developing Asian countries. How can we expect strong
and efficient enforcement in Asian countries?
(2) Negotiations at Durban were reportedly transparent and based onconsensus. Decision making process by top-down but with favorable
results can always be applicable to any global issue negotiation?
(3) Actually, developing countries will continue to receive money andtechnological assistance from developed countries. Rich countries
including USA, Japan, China, India, and Canada were almost
defeated or excluded from the negotiations. Does this spoil
developing countries to make self-help efforts?
(4) Common, but differentiated responsibility principle was well
examined or not.
(5) Regional approach on such global issues should be enhanced.
Sub-regional decision-making process will assist the bottom45
up process.

Climate change law and policy
by country in Asia

46

List of major laws on climate change in
Asian countries

China
・Climate Change Act(?) Under drafting
Korea
・Framework Act on Low Carbon and Green Growth ( No.9931,2010)
・Enforcement Decree of the Framework Act on Low Carbon and Green
Growth （Presidential Decree No.22124,２０１０）
Philippines
・Climate Change Act of 2009 （REPUBLIC ACT NO. 9729、2009）
・Renewable Energy Act of 2008, RA 9315
Indonesia:
・.Environmental Protection and Management Act of 2009 (No.32/2009
・Energy Act No. 30/ 2007
Vietnam・The Law on Environmental Protection of 2005
・Law on Electricity of 2004
・Decision of the PM on approving on National Program on saving and using
energy efficiently, 2007
India
The Climate Change Bill (Indian Parliamentarian Kalikesh Narayan Singh
Deo submitted ) Apr. 2. 2012)47

Climate change Law and policy
in China・･

Policy: China’s national Climate Change Programme(2007)
In Noｖ.2009, China declared CO2 emission per unit of GDP as an appropriatetechnique to balance economic growth with controlling emissions. 40-45% CO2
reduction per GDP by 2020 compared with 2005.
During the period of national five year development plan 2008-2012, Gov. declared ①
to address climate change within the framework of SD, ②to follow the UNFCCC
principle common but differentiated responsibilities, ③to place equal emphasis on
mitigation and adaptation, ④to integrate climate change policy with other related
policies, ⑤to rely on the advancement and innovation of science and technology, ⑥toparticipate in international cooperation. Under the 12th national five year
development plan 2011-2015, 17% CO2 reduction goal was forcefully introduced andallotted to local Provincial level governments.

As for sulfur dioxide, which causes acid rain, has also been a matter of focus. Someadministrative rules have been regulated and big cities as Shanghai are introducing
CO2 exchange market of ETSs.
・ Under the said 12th national five year development plan, Gov. will arrange institutions
for statistical data and its examination on the CO2 emission and gradually
institutionalize ETSs.
・ In Oct. 2011, NDRC (National Development Reform Committee) ordered major 7
local governments to formulate a policy on the reduction of total GHG amountincluding its goal of total CO2 reduction and the plan of CO2 emission distribution.
(Among these, Guangdong Province, shanghai City, Peking are included.)/･48

Climate change law and policyin Korea
・In Aug. 2008, Low carbon Green Growth Policy was adopted as the
new national vision for another 60 years. Based on thisnational policy, Basic Act on low carbon and green growth wasenacted in Aug.2010. Art.46 of the Act introduced a new system
to regulate total emission amount.

・Model project of emission trading scheme/ETS was
implementated(2010-2012). Proponents were required to make acontract with the Min. of Environment for the project.
Emission target is 1-2 percent reduction of GHG compared withthe emitted amount in 2005-2007. Emission amount will be
examined by a governmental organization (EMC) and also by athird party. Emission is traded at the Korean Trading Office(KRX).
・In Nov. 2010, Korea Gov. announced a bill on the climate change
gas trading scheme. Prime Minister’s Office submitted therevised bill to the Parliament in April 2012, in order tostart the trading program from 2015.
49

Climate change law and policyin Indonesia








Indonesia is rich in natural resources and biodiversity, but very
vulnerable to climate change. Most part of GHG emission is causeby the anthropogenic landuse change for commercial plantation
usage and the forest fire.
In 2010, Indonesia formulated the 2nd Crush Program 2010-2014,
based on Presidential Decree No. 4. The 1st program 2006- 2009
focused on the development of small-medium sized coal plants,
however, the succeeding 2nd program emphasizes the increase ofrenewable energy development such as geothermal energy (39%)
and hydropower(12 %).
Ministerial Regulation No. 24, 2010, introduced tax incentive
measures to renewable energy businesses. Geothermal energy,
wind power energy, biofuell energy, solar energy, hydropower,
ocean current energy and ocean thermal energy.
Indonesia expects the development of REDD plus projects by
utilizing its abundant forest as the source of carbon sink. UNDP
supports Indonesia with various climate change projects such as
the policy recommendation to climate change programs, financial
mechanism, and sustainable management of natural resources.
50

Climate change law and policyin India･ The Gov. established Min. of Non-conventional Energy Sources in 1992
to promote alternative energy, and in 2006, changed its name to Min. of
New & Renewable Energy. Formulation of long-term comprehensive
save-energy policy plan was made.
・ In 2001,the Energy Conservation Act was enacted and, under this Act,
Energy Efficiency Bureau was established to implement save-energy
policy in entire industrial sectors. It specified 15 sectors as the energyconsuming industries including aluminum, fertilizer, steel & works,
cement, sugar, chemicals and so on. It also obligated certain energyconsuming factories to employ a qualified energy manager/an auditor,and submit their annual report on energy. Setup of energy fund atrespective State and save-energy labeling system were introduced.
・ Under Electric Act of 2003, co-generation system with renewableenergy source was enhanced. The National Electricity Policy of 2005
stated that the non-conventional energy use was increased. India isenthusiastic in receiving CDM projects like China. India has continually
opposed to the reduction of GHG, however, especially after the Bali
Conference (COP13, 2007), it is said that India is changing its
51
awareness.

Indonesian forestry related laws
and regulations(1)1.Presidential regulation Perpres No.3, 2012 on
spatial planning of Kalimantan Island to protect
biodiversity and keep at least 45 % of thetropical forest protected as a lung of the earth
2. Presidential regulation Perpres No.71, 2011 on
conducting national Inventory of GHG
3. Ministerial regulation (Min .of Forestry) :Menhut-II No.67//2011: Guidelines on financial
support to conserved village areas52

Indonesian forestry related laws
and regulations(2)４．Regulation of the Minister of Forestry No. (P30/MENHUTII/2009) on Compliance scheme.

5. Regulation of the Minister of Forestry (P36/MENHUT-II/2009)
on Voluntary scheme.

53Different situation in Indonesia from others(1)54Indonesia (2)55Indonesia(3)56Korea: Framework Act on Low Carbon
and Green Growth (No.9931,2010)
・Framework Act on Low Carbon and Green Growth aims to lay
down a basis for low carbon and green growth. The Gov.
must formulate national policies, taking into considerationof impacts to the economy, environment and climatechange. The Gov. must encourage/ support local
governments to apply measures for low carbon and green
growth. Local Governments and business entities are
responsible for climate change.
・The Gov. must establish/enforce national strategy for low
carbon and green growth, as well as an action plan for
central Gov. agencies and local gov’ts.
・The Green Growth Committee chaired by the President mustbe established. The Green Growth Task Force is establishedto assist the Committee.
・The Gov. must establish/ implement the basic energy policy
and the plan on climate change. The Gov. introduces the
Cap and Trade System.
57

Philippines：Climate Change Act of 2009（REPUBLIC ACT NO. 9729,2009） (1)

Vulnerability of the archipelagic Philippines andthe local communities is recognized.
Cooperation with the global community is
declared to solve climate change issues.
Under this Act, the Climate Change Commission iscreated, which is an independent and autonomous
departmental-level governmental body. The
Commission is chaired by the President of thePhilippines and is attached to the Office of the
President..
The Commission shall be the sole policy-making
body of the government on the climate change andClimate Change Office is created to assist the・Commission.
58

Philippines：Climate Change Act of 2009（REPUBLIC ACT NO. 9729,2009）(2)

First of all, ｔhe Commission ensures the mainstreaming ofclimate change in various development plans and programs. It
also coordinates and synchronizes climate change programs ofnational government. It formulates a Framework Strategy on
Climate Change to serve as the basis for a program on climatechange.
It can also recommend legislation, policies, strategies, programson and appropriations for climate change adaptation andmitigation and other related activities.
The Commission also formulates a National Climate Change
Action Plan in accordance with the Framework.. Local
Governments must formulate Local Climate Change Action Plan.
Respective Government Agency must implement the framework
strategy and program on climate change. It also provides forallocation funding for Climate Change activities.
59

Common features
To organize a commission responsible forformulating national climate change policy undera strong leadership To formulate climate change policies both atnational and local government levels
 To regulate roles and functions of thecommission
 To specify responsible administrative
organization and the assisting secretariat to thecommission
60

Environmental laws in Asia have
rapidly developed but why they arestill stagnant ?

Laws are mostly imported from developed
countries, however, they are still at adaptation
stages.
 Procedural and subsidiary regulations are not
yet provided.
 Lack of applicability because of the lack ofgovernance ability.
 Socio-economic and political systems lookrapidly developing, However, they are notalways the same with the developed countries.


61

Useful bottom-up measures forinternational decision-making
process
Different legal systems of different countries canbe well harmonized and developed on global
matters.
 Different env. policies and management
measures can be mixed and developed forfurther application.
 Regional cooperation between neighboring
countries can support democratic decision
making process for regional and global common
issues.
62

Mixture of various pollution management measures

Top-down or Bottom up? How can different measures bewell categorized? (efficiency or effectiveness, or cost
performance ?)(1) Integrative & comprehensive policy measures: env.
policy& plan, land use, zoning, designation of polluted
area, EIA/SEA(2)Regulatory measures: standards, inspection, sanction,env. Police(3)Economic measures: tax, deposit, emission charge, CDM(4)Participative & educational measures: env. Education,env. Information, public participation, consultation

63

Major sub-regional env. programs in Asia （１）Sub-regional
Programs

env. Yr./No. of member Programs
countries,
organization

Regional
agreement

Decisions and declarations for regional
cooperation

ASOEN

ASEAN 10 countries, ASEP
I ～ ASEAN nature Manila (81),Heritage parks （ 84 ） ,1987,
III(78～ conservation
Bangkok(84).Jakarta
SD(87),
Kuala
Secretariat in Jakarta, 82,83 ～ 87, agreement
Lumpur(90 ） , Singapore (92),Bandar
Haze
Coordinating 88～ (85),ASEAN
Sri Begawan(94 ） , Haze action
Center92),Strategi hazeplan(97 ） ,Jakarta （ 97 ） ,biodiversitycaction agreement
center(99 ）,Kotakinabaru(00),program（02）, ASEAN Heritage parks （ 03 ） ,Yangon SD（94～ biodiversity（03）,Sebu SD(06),ASEAN SD(07)98 ） ,Hanoi center
actionagreement
program(99 （ 05 ） ,ASEAN～
Constitution(004 ） ,Vientia 8)
neactionprogram(04
-10)

SACEP

South
Asian
8 Colombo
countries,1982,Colom declarationbo

64

Colombo （ 81 ） ,natural resources
information center （ 90 ） ,Sea action
program （ 95 ） ,Male transfronteer air
pollution （ 98 ） ,Oil contingency plan
（ 03 ） ,bio-diversity clearing housemechanism64

Major sub-regional env. programs in Asia （2）
SPREP

21
Pacific Strategic programs with 2 South Pacific Natural South pacific strategic env.
archipelagic
future tasks, action plan resources
andenv. cooperation program （ 04 ～countries/region with 3 tasks; harmonized protection
agreement 13 ） ,South
Pacific
Actions
including
4 approach, partnership and （86）, Establishment of Program （ 05 ～ 09 ） ,and othersuchcountries etc.
SPREP
many action programs
asAustralia &agreement(93),Waigami
NZ.1993, Apia inagreement(95),Apia
Samoa
agreement(76,
butsuspended in 06)

CAREC

nil

Caspian Sea env. program nil（CEP）

Caspian Sea （ 95 ） ,Strategic
regional cooperation program（ 05 ～ 07 ） ,establishment of
Scientificinformation
center（SIC）

NEASPEC

Northeast
6 Senior high officials meet nil
Asian 6 countries, annuallytoexchange
1993,
no information,
capacity
secretariat office building, and monitoring tosolve global and regional
env. Issues.

Trainingofairpollution
prevention, data collection andetc.

(Source) Author.Ajiken World Trend No.132（Sept., 2006） modified.

65

65

Env. Rights provisions in Asian Constitutions
国名Constitution

Env. rights

Env. obligations

China

1982 Const.

Korea

1987 Const.

RI

1945 Const.

PH1986 Const.

TH

1997 Const.

VT

1992 Const.

○(Gov.& individual
are responsible)

LA

1991Const.

○CA

1993 Const.

Myanmar1974 Const.

○

India

1985年Const.

○(Gov.& individual
are responsible)

Bothrights&obligations

Information Disclosure related
Acts○

1996年情報公開法○(Nation is
responsible)○

2000年公衆参加と環境情報に関する
環境管理庁長官令○(Gov. responsible
for policy
making )2000年固形廃棄物法他(情報公開規定
有)○(participation &suing rights)

1997年情報公開法○

1997年環境森林省通達
2005年情報公開法66

Conclusion(Advantages of bottom–up approach) Complementary support to an international
decision making process.
 Participatory bottom-up decision making processfrom individual countries to global issues.
 Harmonization and coordination of different
environmental interest through regional
cooperation on the environment.
67Thank you very much.

68