Date: April, 26, 2012

The 8^th Climate Change Law and Policy Forum was hosted by PLES on April, 26, 2012. The key speaker of the forum was Professor Jiunn-rong Yeh, PLES chief director, and the forum contains the topic of “Phenomenon of Emptiness - Convergence and Divergence of Democratic Drive and International Pressure of Climate Change” Assistant Professor Tsung-sheng Liao and PLES post doctoral scholar Dr. Chun-Yuan Lin were also invited to join the discussion.

The forum began with Professor Jiunn-rong Yeh pointed out that the government has continual emphasis on the importance in response to climate change without actual movement of related policy and legislation, causing this “phenomenon of emptiness” with just words and no actions. Professor Yeh continued that there are three driving forces in environmental legislation: political leadership, democratic drive, and international movement. These forces have shown different intensity in environmental legislation among different countries. According to his previous studies, the considerable environmental legislation in Taiwan was shown in relation to the development of Taiwanese democratic progress. On the other hand, Professor Yeh put forward that due to the international circumstance of Taiwan, we are relatively unfamiliar with international environmental issues. The international effects were absent during the process of Taiwanese environmental legislation, except in the cases of Rhinoceros horns and the Tiger bone events. The fundamental issue of Taiwan being excluded from the international environmental convention was that Taiwan has no knowledge even as to what evaluations we should undertake. While there are correlated national studies, there is still lack of survey from an international point of view. That is exactly why Taiwan is lack of attitudes towards climate change. The democratic drive has shown the massive and large-scale characteristic of climate change while there are less influences of climate change governance, and that the importance of international effects has risen up. Professor Yeh concluded that the future of Taiwan is not necessarily pessimistic; NGO’s global effect and participation with global judicial network could be our breakthroughs.

Assistant Professor Tsung-sheng Liao further discussed possible reasons of the “phenomenon of emptiness.” For instance, the current situation of bad economy makes people and the governments emphasize economy development as the priority, the deprivation of international pressure, and that society does not get in touch with the effects of climate change. Assistant Professor Tsung-sheng Liao continued with Freudian aspect on human’s priorities of economy development, social development and environmental protection. Assistant Professor Liao also compared the international emphasis during different phases. While Taiwan is ten years slower than other countries’ progress, we still focus more on economy and social development, which affects Taiwan’s attitude towards climate change.

Dr. Chun-Yuan Lin put forward that whether Taiwan faces climate change with a hollow attitude, and continued that whether democracy couldn’t drive a more active response in Taiwan. Dr. Lin recognizes the phenomenon of emptiness pointed out by Professor Yeh, and further strengthening the argument, presenting that Taiwan was ranked 50 from the German Watch list out of 58 countries. Dr. Lin addressed the issue of whether or not the democracy itself isn’t sufficient in pushing the issue of climate change policy; he confirmed the status quo of Taiwan, but also pointed out the counter examples of the United States of America and Australia. Dr. Lin believes that this is one possible solution for Taiwan under such divergence, using the power of civil groups, linking its way out through democratic and international pressure.

Date: February 23, 2012

Topic: Climate Change Policy of European Union – from a WTO Law Retrospect and Perspective.

The 7th Climate Change Law and Policy Forum was hosted by PLES with Professor Yao-Ming Hsu from NCCU College of Law invited as the chief speaker, touched on the issues regarding European Union Climate Change policies from a retrospective point of view of WTO Law. PLES also invited guest speakers Yi-Yuan Su, Assistant Professor of NCHU and Assistant Professor Anton Ming-Zhi Gao from Institute of Law for Science and Technology, NTHU to participate in the forum.

Associate Professor Yao-Ming Hsu first addressed that currently, the European Union has mostly adopted unofficial sources of law as the regulations in climate change field, including programme, communication, and open method of coordination. Associate Professor Hsu further discussed the main materials of European Union’s climate change regulations. That being said, Associate Professor Hsu pointed out the relevant issues of WTO’s legal system and climate change. Issues such as establishing the categories of like products, whether or not the energy standard or emission standard conforms to GATT’s general exception clauses, definition of dumping, and climate change related border tax were brought on the table. Associate Professor Hsu pointed out that in order to resolve the conflict between climate change and WTO’s legal systems; we might have to start with the interpretation of DSB treaties, the strengthening according to legislation and CTE’s function, and the specific references of revision in between treaties.

Assistant Professor Yi-Yuan Su, on the other hand, has discussed about carbon right from the perspective of Taiwanese legal system. Assistant Professor Su deemed that the issues of carbon right were established on its nature and character of the property. How we define the character of carbon right is vital for Taiwan to promote carbon emission trade in the future. Secondly, the intense sovereignty as the nature of carbon right is also a hot topic for our coming future. Finally, Assistant Professor Anton Ming-Zhi Gao cut into the point from the development of Taiwanese climate change technology industries, presuming two issues as follows: 1) How Taiwanese technology industry ought not to confront with WTO’s free trade regulations; and 2) how the policy could achieve the purpose of subsidizing and helping the domestic industry to grow indeed.

Slides on Associate Professor Yao-Ming Hsu’s Keynote Speech
 

Slides on Assistant Professor Ming-Zhi Gao’s Paneling speech

Date: December 14, 2011

Topic: After Durban: The 17th Conference of the Parties to the United Nations Framework Convention on Climate Change

The Forum “After Durban: The 17th Conference of the Parties to the United Nations Framework Convention on Climate Change” on December 14, 2011 was held by PLES to discuss the process and outcomes of UNFCCC COP17 which had just ended in Durban, South Africa. The Forum was hosted by PLES chief director Professor Jiunn-rong Yeh. The panelists invited were Associate Professor Hsin-Chun Wang of NTU College of Law; Assistant Professor Tze-Luen Lin of NTU Department of Political Science; Assistant Professor Chen-Ju Chen of NCCU College of Law; Dr. Ying Shih Hsieh, Chairman of Environmental Quality Protection Foundation and Secretary General; and Secretary General Echo J. Lin of Environmental Jurists Association. The issues addressed in the Forum are: the importance and breakthrough of Kyoto Protocol on limiting greenhouse gases emissions; Durban outcome supplementing and strengthening Cancun Agreements; the break of political deadlocks and future ascension of Durban Conference; and the multiple aspects of Durban Conference involved. The Forum also covered the climate change policies and strategies of Taiwan after COP17.

The Forum began with PLES’s brief introduction to Durban’s core issues and development. PLES observed that Durban will serve as the gateway to the second commitment period of Kyoto Protocol, building on the structures of the Cancun Agreements, launching funds of climate change, establishing MRV directives, constructing a full technological mechanism in 2012. The participating panelists addressed and discussed different issues on the basis of PLES’s observation. The keynotes are as follows.

PLES Chief Director – Professor Jiunn-rong Yeh:

“The extension of Kyoto Protocol is the main focus of Durban.”

During the introduction, PLES Chief Director Professor Jiunn-rong Yeh specified the main focus on Durban as the continuation of both Copenhagen and Cancun’s unfinished missions. With the first commitment period of Kyoto Protocol coming to an end by the end of 2012, the international society needs to systematically forge a post-2012 climate regime that can continue the global effort to deal with climate change. Meanwhile, Professor Yeh also pointed out that Durban had shown increasing signs of multi-level governance but also problems of state-centric international climate negotiation, which would be worth further research and discussion.

Dr. Ying Shih Hsieh - Chairman of Environmental Quality Protection Foundation:

“The heat of Climate Change issues has cooled off, thus raising the importance of communication between nations.”

Dr. Hsieh, as a participant in COP17, felt that the passion for addressing climate change among participating countries had become weaker, and China wanted to wait until 2020 to be obligated by the new treaty instead of taking the social responsibilities now. It was obvious that COP17 functioned as a political negotiation instead of presenting what is best for the environment. As the heat of climate change issues began to cool off, the communication between nations and groups would become more significant, and we should have more education on the issues in Taiwan.

Assistant Professor Tze-Luen Lin:

“Even though Durban may seem like a political negotiation of nations’ own benefits, there are still some achievements.”

Professor Tze-Luen Lin agreed with Dr. Hsieh that the heat of climate change topics has begun to cool down, but he also thought that the political negotiations between nations weren’t without any achievements. While the second commitment period was negotiated in exchange for the new 2020-treaty, it also showed the EU prospects of climate change had been recognized by most countries. Professor Lin also pointed out that the meaning of the second commitment period won’t be the same as the first commitment period; under the circumstance that Canada, Russia and Japan dropping out, the GHG emissions regulated by the Protocol will plummet to only 16% of overall anthropogenic emissions. However, from Copenhagen to Cancun, and to Durban, the whole negotiation process has become more transparent and open. This year, the conference was hosted in South Africa, with Indaba process of democratic tribal conference making COP17 more diverse and tolerant. Last but not least, Professor Lin commented that while the international negotiation strategies have become more flexible, Taiwan should discreetly consider our own strategies.

Secretary General, Echo J. Lin of Environmental Jurists Association:

“Durban has a certain progress from a political and diplomatic point of view, but lacks the importance on environmental aspect.”

Secretary General Lin pointed out that Durban Conference, by continuing the focus of Kyoto Protocol and reaching a non-compulsory agreement, has strengthened the conclusion of Cancun. Although the result of Durban is confusing from a human rights and climate change policy points of view, but it is quite fundamental for international societies to reach a consensus with negotiation based on politics and diplomats. The conference reached a different level of progression by breaking the boundaries between Annex I and non-Annex I countries. However, Secretary General Lin stated that from an environmental protection and human rights point of view, Durban does not have any substantial development.

Assistant Professor Chen-Ju Chen:

“More emphasis should be focused on the part of ocean in climate change.”

Assistant Professor Chen-Ju Chen mentioned the importance of ocean by analyzing the event “Oceans Day at Durban,” saying that the world’s oceans play a central role in absorbing and adjusting CO2 in the atmosphere. But GHG emissions are affecting the world’s oceans, causing ocean acidification and sea-level rise, which will further affect human society and eco-system. At Oceans Day at Durban, NGOs underscored how they could better assist governments in the management of oceans, and discussed how climate change can be addressed outside the UNFCCC framework. The issues discussed included international human rights regimes and United Nations Convention on the Law of the Sea.

Associate Professor Hsin-Chun Wang:

“The insurance mechanism will become an important aspect in adaptation to climate change.”

Professor Hsin-Chun Wang outlined how the insurance mechanism will become one of the important adaptive strategies in dealing with climate change damages in policy and assessment and financial consideration. Citing the report by Swiss Re-insurance Company, Wang said that insurance can help transfer the risks of catastrophes under climate change, and people’s financial crisis induced by climate change related loss and damage can be mitigated through micro-insurance.

Conclusion: the importance of the procedures; the future variation of common but differentiated responsibilities principle; and the pressing need for Taiwan to think about its strategies.

Professor Yeh concluded in the end that, firstly, during the discussion with the panelists, we could see the outcome of the agreement being affected by the system, thus showing the importance of procedural construction. Secondly, Durban showed signs of variation of the principle of common but differentiated responsibilities. Some obligations have become more common, while others more differentiated. Taiwan, with its unidentified status in the international society, is facing pressing needs to find its place under climate change. Finally, Professor Yeh concluded that the rise of China will affect numerous issues greatly, and Taiwan should not overlook the impact of China while observing related topics.

Slides on PLES observation report of Durban

Slides on Secretary General Lin’s after Durban Discussion

Slides on Assistant Professor Chen-Ju Chen’s after Durban Discussion

Date: December 1, 2011

Topic: Climate Change and Insurance Mechanism: Future Perspectives on Adaptation with a Feasible Catastrophe Insurance Model

Speaker: Hsin-Chun Wang (Associate Professor at NTU College of Law; member of PLES)

At this Forum, Associate Professor Hsin-Chun Wang discussed the challenges of insurance mechanism under climate change and how an ideal insurance policy could be specifically designed. PLES also invited Professor Shih-Chieh Chang of NCCU Department of Risk Management and Insurance to attend the seminar, providing a deeper aspect with Professor Chang’s professional knowledge in mathematics, statistics, and risk management.

Associate Professor Wang’s presentation focused on how insurance mechanisms can contribute to adaptation to climate change. First, he pointed out that possible insurance mechanisms of catastrophic risks include social insurance, tort-based compensation, natural-disaster insurance, compulsory liability insurance, and personal insurance. No matter which kind of insurance strategies, there exists the issue of insurability. We must understand the insurability and uncertainty of climate change risks while designing the insurance model for climate change issues. Associate Professor Wang continued to provide two models: obligatory insurance model and the model based on the recovery of damages, and he further discussed the pros and cons of both models.

Professor Wang suggested that the compulsory first-party insurance may seem to be a more viable and feasible solution. However, he also pointed out that the problems of this model include moral hazard; inefficiency of insurance market; and possible risk discrimination and equity. Finally, Associate Professor Wang concluded that governments are expected to provide compensation and can be deemed as the ultimate insurers for all societal risks.

Professor Shih-Chieh Chang further outlined Taiwan’s insufficiency of insurance knowledge and immaturity of insurance culture. While the knowledge of personal insurance is quite common, we still lack the knowledge of property insurance. Taking the example of fire insurance and earthquake insurance on houses, the rate of insured houses is only 25%. And the same issue will appear in the insurance mechanism of climate change as well, thus, taking us to the next level: whether the insurance mechanism should be compulsory or more flexible. Professor Chang also presented the issue of climate change, while related to the issues of catastrophe risks, economic losses, and unequal insurance and damages. These issues are all involved with the actuarial premium. Lastly, Professor Chang agreed with Associate Professor Wang on the importance governments’ role in risk management.

Slides on Climate Change and Insurance Mechanism (Hsin-Chun Wang)

PLES Master’s and Doctoral Thesis Conference (2) will be at Conference Room No. 1, NTU College of Law on December 8, 2011, 13:30-15:30.

Name and thesis topic of the doctoral candidate from National Taiwan University College of Law participating: 

Lin, Chun-Yuan
Title: Beyond Administrative Law and International Law--The Evolution, Features and Effects of Global Administrative law in Climate Change Regime
Thesis advisor: Professor Yeh, Jiunn-rong

All are welcome to attend this conference.

PLES Master’s and Doctoral Thesis Conference (1) will be at Conference Room No. 1, NTU College of Law on December 8, 2011, 10:00-12:00.

 Name and thesis topic of the graduate student from National Taiwan University College of Law participating: 

 Lu, I-Ting
Title: Managing Catastrophic Compound Disaster Through Public/Private Stakeholder Solutions: A Research of Government Risk Pools
Thesis supervisor: Professor Yeh, Jiunn-rong

 All are welcome to attend this conference.

Date: November 11, 2011

Topic: Environmental Impact Assessment as a Duty under International Law: The Case Study of Pulp Mills (Argentina v. Uruguay)

Speaker: Wen-Chen Chang (Associate Professor at NTU College of Law; member of PLES)

PLES invited Associate Professor Wen-Chen Chang to this Forum for the case study of Pulp Mills, addressing the status of environmental impact assessment in international regulations and the application of related environmental law principles. PLES also invited National Taiwan University Professor, Kuei-Tien Chou of Graduate Institute of National Development, and Dean of National Taiwan University Engineering for Sustainable Environment Department, Professor Ching-Pin Tung to join the discussion.

During the discussion, Associate Professor Chang pointed out four important aspects in Pulp Mills: the distinction of procedural and substantial obligation; the importance of experts out of court; the prevention of damages and risk management; and international environmental law and the application of related principles. Associated Professor Chang pointed out that two phenomena were revealed in this case: the competition of law-making between judiciary and legislative; and the convergence of domestic and international environmental law. Associate Professor Chang specifically addressed that on the one hand, the International Court of Justice (ICJ) listed environmental impact assessment as a duty under international environmental law by using the case law without quoting ESPOO Convention. On the other hand, the ICJ had a heavy percentage in its judgment reviewing whether the pulp mills had negative impacts on the environment, instead of examining the environmental impact on the account of the experts. The ICJ did have an active attitude towards environmental care, which nevertheless also showed the arrogance of the Court.

Professor Kuei-Tien Chou started the conversation by discussing and analyzing the role of the court from the angle of social construction, and from the points of view of precautionary principle in risk management and communication. Professor Chou indicated that we must observe the role and function of the court under the social schemes of risk management and communication. Professor Tung emphasized specifically on the limitation of science. If we only look at the fact that whether there will be an impact on the environment from a scientific point of view, there will be numerous results of the assessment; and the social consensus and values will be tremendously important. Professor Tung also pointed out that Taiwanese environmental impact assessment system focuses on singular development projects, and does not assess the cumulative impacts that will arise from these projects; therefore, the conclusion might be that the development actions are not harmful to the environment.

 Associate Professor Wen-Chen Chang said, in response to Chou’s and Tung’s discussion, that the role of the court is not inflexible, given that the court is also part of the social construction. However, an aggressive and even a bit arrogant court might better manifest the values of the environment and increase response with the demand of risk communication.

Slides on Environmental Impact Assessment as an International Law Duty (Professor Wen-Chen Chang)

 Seminar Article: Environmental Impact Assessment as an International Law Duty (Professor Wen-Chen Chang)

As a part of its environmental awareness initiatives, PLES, since its establishment in 2009, has been holding film screening and discussion on environmental issues. Two documentary movies regarding the most significant EIA events in the past two years in Taiwan, “The Ebb Tide” and “Hsiang-si Liao on the Taiping Road”, were screened on Oct. 12, 2011. Two  discussants, Attorney Shun-Kuei Chan and Attorney San-Chia Lin, shared their experiences and opinions with the audience. Both of them have been devoted to environmental litigations in Taiwan and know every well about the EIA system and its relevant events. The film screening brought about deep reflections on the relationship of humans and land as well as the EIA system which has been practiced in Taiwan for nearly 17 years.

PLES held a forum on the assessment of Taiwan's Environmental Impact Assessment (EIA) institution on Wednesday, January 26 2009. Scholars, legal professionals, NGO delegates, and representatives of government organizations were invited to contribute their opinions. They analyzed the causes of the problems occurred in Taiwan’s EIA institution, and brought up propositions and recommendations on the issues.

The full- time lawyer in Legal Aid Foundation, San-jia Lin, was invited to give a lecture in the environmental law course delivered by the director of PLES, Jiunn-rong Yeh, on December 29^th 2009. He shared his own experience of education and the reflection on participating in litigations related to environmental public welfare. Mr. Lin also provided his perspective on public participating on environmental issues. Besides, he commented on the activity of saving old trees at Song-San Cigarette Factory in February this year in the aspects of judicial practice, law enforcing, participating of the community, and comparison with foreign cases. In the end of the lecture, Mr. Lin replied the students’ question　regarding life planning, the reformation of law and policies, etc.