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Beating the big smoke

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Londoners are used to inhaling poison. In Victorian Britain, the sickly brown smog that blanketed the capital was known as a “pea-souper”, so thick that on bad days it was impossible to read a book. But it wasn’t until the Great Killer Fog of 1952, which lasted a week and killed as many as 12,000 people, that the government finally decided to tackle the miasma that had immiserated Londoners for centuries and earned the city its nickname, “The Big Smoke”. 

London has struggled to shake off this “badge of dishonour”. While air pollution may be less visible today, it is no less deadly. Each day, more than eight million Londoners breathe air that is considered unsafe by the World Health Organization. This means that thousands of the city’s residents die prematurely every year because of the nasty cocktail of toxins that have fouled the city’s air. 

This won’t make for pleasant reading, but the reality is that these noxious gases and tiny particles of poison penetrate deep inside our lungs, permanently damaging our bodies. From Ealing to the East End, babies across London are being born earlier than normal, children are growing up with weaker lungs and adults are more likely to die prematurely from heart attacks, strokes, lung cancer and other lung diseases as they age. Studies show that air pollution steals an average of two years from the lives of every child born in London in 2010. This terrible blight, which seeps insidiously into our schools and homes, must be stopped. 

Once again, London is in the throes of a major pollution emergency. This time there is a plan to tackle its root causes. We already know what needs to be done to clean up the capital’s dirty air. Vehicles cause roughly 50 per cent of the city’s air pollution. To improve the health of Londoners, the capital must transform its transport system, removing from its roads the vehicles that are spewing out the most damaging fumes. 

This is exactly what London has started to do with its new toxicity charge on the most polluting vehicles comes. As the previous congestion charge has already proved, this should dramatically cut the number of big polluting vehicles and their harmful fumes. 

However, this is just the beginning. The mayor has doubled the amount of money the city will spend on tackling smog. He also plans to retrofit 5,000 of London’s older buses and introduce new hybrid and electric buses to further cut emissions. The mayor aims to phase out diesel taxis and invest in electric charging ports across the city as part of plans to introduce an ultra-low-emission zone in central London. 

These are bold steps that will help London hit its most ambitious target: achieving the WHO’s Air Quality Guideline Goals by 2030 – the “gold standard” for air quality. London is the first capital city in the world to commit to this target as part of its pledge to the BreatheLife Campaign, launched by WHO, UN Environment and the Climate and Clean Air coalition. This places it at the vanguard of a growing coalition of cities seeking to combat the devastating impact that air pollution has on our health, our economies and our environment. 

Over the last year, more than 100 cities, including Manchester, Washington DC, Medellin and Tshwane, have joined the BreatheLife campaign with public commitments to reduce air pollution, which kills about 6.5 million people around the world every year. The campaign gives cities the tools that are needed to clean the dirty air that plagues their citizens. But we urgently need more cities to join the coalition. This is a global epidemic – and many of the same pollutants that harm our health are also driving climate change. 

Never has it been more important for cities to unite to fight the smog. By investing in cleaner forms of transport, improving the way cities are built and switching to greener forms of power, we not only boost the health of our people. We also slow down global warming by reducing “short-lived climate emissions” of black carbon from vehicle emissions and methane from sources like waste dumps. By tackling the key sources of urban air pollution we also reduce carbon dioxide emissions, which persist for centuries and threaten the long-term health of our planet. If the world is to keep warming below the levels set out in the Paris Climate Agreement, then it is vital that cities follow London’s lead and immediately move to tackle the pollution in their air. 

London’s history teaches us that in crisis there is huge opportunity for change –provided we act together. In 1854, British physician John Snow improved the health of millions around the world when he discovered that a single well pump had triggered a cholera outbreak in the city. Now renowned as the father of epidemiology, Snow’s findings dramatically improved water quality in London and, as cities began to follow suit, the world. Today, we already know where to find the sources of air pollution and we already know how to tackle them. It is again time for cities to follow London’s example to defeat this menace. The need to do so is as clear as the air that all of us deserve to breathe. 

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Green Planet

2021 will be defined by the more long-term crisis facing humanity: Climate change

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Rather than low-tech and often unworkable solutions (reduced or no travel, mass vegan diets) governments are increasingly embracing technology to help us understand and influence the climate – rather than merely respond to it. This should become the norm for public authorities across the world.

China’s weather modification programme, for example, could be a lifeline for workable solutions to climate change globally. The technique, known as cloud-seeding, uses silver iodide and liquid nitrogen to thicken water droplets in the cloud, leading to increased rain or snowfall. 

The technology has been used to prevent droughts and regulate weather before major events, like in the run up to the 2008 Beijing Olympics

The Chinese cabinet has announced that its weather modification programme will cover half the country by 2025, with the aim to revitalize rural regions, restore ecosystems, minimize losses from natural disasters and redistribute water throughout the country.  

And China’s ambitious ‘Sky River’ programme could eventually divert 5 billion cubic meters of water annually across regions, which could protect millions of people from the effects of drought and water scarcity. 

Although critics have, without evidence, described these projects as ‘weaponization of the weather’, the humanitarian and development potential is huge. 

Necessity is the mother of invention, and this is truer than ever with regards to the climate. The world faces a climate-change induced water crisis, with 1.5 billion people affected globally. 

The UN predicts that at the current water usage levels, water scarcity could displace 700 million people by 2030. 

Carbon emissions are unlikely to be eliminated in high growth economies in regions like Asia, meaning that the world must develop a way to manage emissions’ effects on the climate. 

Whilst it is true that the basic solutions of eating less meat, cycling to work and cutting back on international flights can help to curb our carbon output in the long-run, it does nothing to help those who suffer from flooding or water scarcity today. 

Ultimately, technology is an essential part of the solution.

Big Tech is leading the charge in tackling climate change through the use of Big Data and machine learning. In November 2019, a group of data scientists published a paper entitled ‘Tackling Climate Change with Machine Learning’. The paper laid out 13 different applications of using machine learning to tackle the impacts of climate change. One such application was using machine-learning to predict extreme weather events. 

Such an application is already being put into action. For example, Bangladesh is one of the most flood-prone countries in the world; approximately 5 million people were negatively affected by flooding last year alone. In order to help combat this, Google teamed up with the Bangladesh Water Development Board and the Access to Information (a2i) Programme to develop a flood notification app that is approximately 90% accurate

The app, which is enabled by AI flooding simulation, provides the population with timely, updated, and critical information that can help users make informed decisions on the safety of their families and friends. 

The same technology has been used in both India and South Africa, and has the potential to save thousands of lives and livelihoods. It is these sorts of innovations that we must rely on to help those who are most vulnerable to the impact of climate change. 

It is not only cloud-seeding and weather prediction technologies that will provide humanity with a route out of its biggest existential threat. Breakthrough battery technology, green hydrogen, 5G-based smart grids and carbon-negative factories are set to become commonplace in our fight against rising CO2 levels. 

As a global society, we must set our political divisions and some critics’ technophobia aside, and step forward in a spirit of international collaboration.

Similarly to how the pandemic showed the need for united global action, climate change will do the same. And just as technology and science was a key part in how the pandemic was brought under control, climate change can only be addressed through tech-based solutions.

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The solution to marine plastic pollution is plural, and plastic offsetting is one of them

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Due to growing concerns around environmental protection, businesses, individuals and governments have been looking for solutions that can be largely implemented to close the tap on plastic pollution.

In the last five years, businesses have strengthened their Sustainability Approach to acknowledge the need to take responsibility for their plastic production and consumption.

If targets have been defined and strong policies followed them to ensure high recycling rates of plastic products, a problem remains. What is the solution for low-value non-recyclable plastics?

This is where plastic offsetting enters the scene. As a derivative of the Carbon Offsetting concept, where trees are planted or protected to capture CO2 emissions, Plastic offsetting also known as Plastic Neutralization, enables companies to take responsibility for their plastic footprint.

Put simply, neutralizing means funding the collection and treatment of plastic, equivalent to the plastic impact of the business. Therefore, giving it the opportunity to compensate for every ton of plastic it has produced by ensuring there is one ton less in the environment.

From linear to Circular Economy Itis also a breakthrough in our traditional model of production, the linear economy. By extending the producer responsibility (EPR), this concept allow to build the bridge that lead to the ideal model, the circular economy, where no waste remains.

This innovative solution brings with it diverse positive impact. To the environment, by protecting ecosystems from plastic pollution, reducing landfilling and CO2 emissions. A strong social impact, by local communities by empowering local communities with work and better incomes. But also businesses, by becoming more sustainable with the reduction of the plastic footprint and a strengthen corporate social responsibility.

TONTOTON, a Vietnamese company, based in Ho Chi Minh City has succeed to connect all stakeholders to create a new market for low-value non-recyclable post-consumer plastic, on the scheme of circular economy.

TONTOTON Plastic Neutralization Program

Following the idea that the informal sector achieve to collect and recycle large amount of plastic in poor waste management areas, Barak Ekshtein, director of TONTOTON decided to look closer to the problem. In fact, a study shows that ‘97% of plastic bottles were collected by informal waste pickers.

The problem therefore does not lie in the logistics but in the price. By giving a market price to non-recyclable plastic, it allows waste collectors to collect and treat waste and thus avoid plastic pollution.

TONTOTON currently works in Southern Vietnamese Islands, Hon Son and Phu Quoc, and has already few tons of low-value plastic waste. To do so, it collaborates with local waste-pickers and thus provide them better incomes. The program focuses on preventing ocean plastic by following the Ocean Bound Plastic Certification. Their activities are audited by a 3rd party control body, the internationally recognized company, Control Union.

To treat the waste, TONTOTON partners with a certified cement plant, through co-processing, to valorize waste as an alternative energy and raw material. “Our system can solve two issues. Plastic is made of fossil fuels and contains more energy than coal. Thus we can replace industrial coal consumption with non-recyclable plastic waste. The plastic will not end up in landfill or oceans, therefore reduce levels of coal consumption and thus also CO2 emissions.”, says Barak Ekshtein.

Businesses engaged in their program can claim plastic neutrality on the amount of plastic neutralized to share their sustainability efforts. Moreover, indicate it on their neutralized product by bearing the “Plastic Neutral Product” label.

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Climate Change in Vanuatu: Problems Ensue

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Authors: Harsh Mahaseth and Shubham Sharma*

Vanuatu announced its intention to seek legal action against corporations and governments who have benefited from products which had caused climate change. Minister Regebvanu, in the 2018 Climate Vulnerable Summit sought to explore legal actions against companies, financial institutions and governments liable for the damages caused to Vanuatu due to climate change, either by direct to indirect actions of the said parties. Vanuatu, like other small island nations, is seeking damage claims against carbon emitters who have contributed to climate change and benefited from it. Vanuatu seeks to claim reparations for damage caused by events related to climate change such as the 2015 cyclone which wiped out an estimated 64 per cent of Vanuatu’s GDP.

A case of action against global polluters isn’t novel. Climate Change litigation has its precedence, with over 1300 cases having been filed across 28 countries, where various public and private entities have petitioned the Courts for environmental action or relief. The source of the litigation comes for various multilateral treaties, such as the Stockholm Declaration on the Human Environment, Convention on Environmental Impact Assessment in a Transboundary Context, United Nations Framework Convention on Climate Change, United Nations Convention on the Law of the Sea, and others treaties combating pollution.

For Vanuatu, one of the major obstacle, other than the likely opposition from powerful States, includes finding a suitable forum; identifying relevant substantive obligations and various challenges relating to attribution, causation and evidence before they are able to make successful climate litigation before an international body such as the International Court of Justice (ICJ), scholars have argued that a path for successful litigation exists through Article 36, paragraph 2 of the ICJ Statute, where by accepting compulsory jurisdiction of the ICJa case for prevention obligations under the lex special is of the UNFCCC, human rights law or customary international law.

Strategic Public Climate Litigation, an injunctive relief solution where the aim is to influence public policy or policy decisions primarily through the attainment of injunctive relief by asserting governmental failure to account for GHG emissions associated with public projects and cases of judicial review of public regulatory action (or inaction) on climate change, has already achieved some degree of success. An example would be the Australian Conservation Foundation et al. v. Minister for Planning where there were concerns with regards to GHG emissions of a new coal mine which lead a tribunal to determine the lasting significant environmental effects of the coal mine in the future would be against the objective of the act which is to “maintenance of ecological processes” and the “future interest of all Victorians.” Another example is that of the State of the Netherlands v. Urgenda Foundation, where an injunction was sought to compel the Dutch government to reduce GHG emissions, the supreme court of appeals, upheld this view and ordered the Dutch government to cut greenhouse gas emissions by 25 per cent by the end of 2020, compared with 1990 level.

The second option for Vanuatu is to cast a wide net of a variety of legal theories, such as domestic tort law against carbon majors similar to the petition brought before the Commission on Human Rights of the Philippines, which investigate the responsibility of 47 investor-owned carbon majors for human rights violations due to climate change. For this approach, the initial challenge Vanuatu faces is the lack of a national human rights institution who can bring rights violations caused by climate change. However, the lack of a human rights institution can be mitigated by Vanuatu’s independent judicial system, as it is competent to address claims for damage caused by climate change by the polluters. The major hurdle Vanuatu faces is establishing the causation between the defendants’ conduct and its result, which is to say whether the action of the defendant lead to or contributed to the disaster, and secondly, the ability to certain specific damage sorted by Vanuatu on the other, especially in cases of non-economic loss and damage.

The recent surge in climate change litigation bodes well for Vanuatu, as the establishing precedence only strengthens their claim for damages. However, Vanuatu still faces major obstacles. Firstly, a lack of an international body to address the issue. Even if a case is brought before the ICJ, it can only be against a Member State. Thus, action against private entities cannot be brought before the ICJ. Secondly, identifying the rights violated and then assessing and assigning the damage liability to individuals, entities and governments. Thirdly, if Vanuatu pursues action in domestic courts, there are issues relating to the appearance of the party to the summons and the ability of Vanuatu to enforce the judgment. As the primary means of compliance for offenders in the international area are sanctions, Vanuatu without support from larger nations wouldn’t be able to handout sanctions to force compliance. There are many problems that Vanuatu faces but they cannot sit still now, and it is time to act and make the polluters liable.

* Shubham Sharma is a graduate from NALSAR University of Law. He has worked on several research projects relating to human rights, juvenile justice, and climate change.

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