Analysis of the International Climate Change Legal System, Diagnosis & Policy Recommendations for the Colombian case: High biodiversity, tropical forests & impoverished indigenous peoples
Open AccessClimate change and its associated effects create an especially challenging problem for developing countries with limited financial resources. Using Colombia as a case study, this thesis demonstrates how the world economy and international climate change law could offer economic opportunities to these same countries if they are able to develop their carbon storing resources. I show that the current Clean Development Mechanism of the Kyoto Protocol excludes tropical developing countries that are middle CO2 emitters because its' Executive Board rules restrict forest projects. This situation needs to be remedied. But this thesis presents other options that Colombia has to work within the current international environment to develop a better climate change policy. Currently, only the voluntary carbon market supports forest projects needed to reduce CO2 emissions, protect biodiversity, and improve communities' livelihoods. I present an integrative analysis of the legal and institutional environmental framework of Colombia which will be useful to NGOs, indigenous peoples, project developers, investors and international policy advisors in climate change and REDD+. I also demonstrate why a united agricultural and forestland policy mindful of biodiversity, conservation laws, water resources, and respect for the free prior and informed consent of indigenous peoples is necessary. I show why it is risky to invest in CO2 reduction projects managed and monitored solely by the Colombian government and suggest a project approach with a reduced governmental intervention. I explain why results based contracts like the Payment for Environmental Services are a tool for handling CO2 reductions. I clarify the carbon property rights attached to property of the indigenous peoples. I also propose the enforcement of consumer protection laws to give the consumer a legal tool to control greenhouse gas reductions if false advertisement occurs. Through the discussion and analysis in this thesis, I will clearly demonstrate how Colombia can benefit from the world economy and international climate change law to develop their carbon storing resources.
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Heggestad_gwu_0075M_11214.pdf | 2018-01-16 | Open Access |
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