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National Climate Change Legal Frameworks in Asia and the Pacific

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National Climate Change Legal Frameworks in Asia and the Pacific CLIMATE CHANGE, COMING SOON TO A COURT NEAR YOU NATIONAL CLIMATE CHANGE LEGAL FRAMEWORKS IN ASIA AND THE PACIFIC DECEMBER 2020 ASIAN DEVELOPMENT BANK CLIMATE CHANGE, COMING SOON TO A COURT NEAR YOU NATIONAL CLIMATE CHANGE LEGAL FRAMEWORKS IN ASIA AND THE PACIFIC DECEMBER 2020 ASIAN DEVELOPMENT BANK Creative Commons Attribution 3.0 IGO license (CC BY 3.0 IGO) © 2020 Asian Development Bank 6 ADB Avenue, Mandaluyong City, 1550 Metro Manila, Philippines Tel +63 2 8632 4444; Fax +63 2 8636 2444 www.adb.org Some rights reserved. Published in 2020. ISBN 978-92-9262-547-4 (print); 978-92-9262-548-1 (electronic); 978-92-9262-549-8 (ebook) Publication Stock No. TCS200364-2 DOI: http://dx.doi.org/10.22617/TCS200364-2 The views expressed in this publication are those of the authors and do not necessarily reflect the views and policies of the Asian Development Bank (ADB) or its Board of Governors or the governments they represent. ADB does not guarantee the accuracy of the data included in this publication and accepts no responsibility for any consequence of their use. The mention of specific companies or products of manufacturers does not imply that they are endorsed or recommended by ADB in preference to others of a similar nature that are not mentioned. By making any designation of or reference to a particular territory or geographic area, or by using the term “country” in this document, ADB does not intend to make any judgments as to the legal or other status of any territory or area. This work is available under the Creative Commons Attribution 3.0 IGO license (CC BY 3.0 IGO) https://creativecommons.org/licenses/by/3.0/igo/. By using the content of this publication, you agree to be bound by the terms of this license. For attribution, translations, adaptations, and permissions, please read the provisions and terms of use at https://www.adb.org/terms-use#openaccess. This CC license does not apply to non-ADB copyright materials in this publication. If the material is attributed to another source, please contact the copyright owner or publisher of that source for permission to reproduce it. ADB cannot be held liable for any claims that arise as a result of your use of the material. Please contact [email protected] if you have questions or comments with respect to content, or if you wish to obtain copyright permission for your intended use that does not fall within these terms, or for permission to use the ADB logo. Corrigenda to ADB publications may be found at http://www.adb.org/publications/corrigenda. Notes: In this publication, “$” refers to United States dollars, unless otherwise stated. ADB recognizes “Burma” as Myanmar, “China” as the People’s Republic of China, “Independent State of Papua New Guinea” as Papua New Guinea, “Laos” as the Lao People’s Democratic Republic, “Micronesia” as the Federated States of Micronesia, “United States of America” as the United States, “Vietnam” as Viet Nam, “Bombay” as Mumbai, and “Hanoi” as Ha Noi. All photos are by ADB. Cover design by Gayle Certeza, Daniel Desembrana, and John Michael Casipe. CONTENTS Tables and Figures xii Forewords Justice Antonio Herman Benjamin xv Lord Robert Carnwath xix Justice Syed Mansoor Ali Shah xxi Preface xxv Acknowledgments xxvii Abbreviations xxix Executive Summary xxxiii Climate Change: A Clarion Call for Judges xxxiii Why These Reports? xxxiii Report Series Structure xxxv Key Takeaways xxxv Moving Forward xxxviii PART ONE. INTRODUCTION 1 I. Judiciaries Play a Role in Domestic Climate Action and 1 Need Resources II. Report Structure and Scope 3 III. Report Methodology and Preparation 5 IV. Looking Forward 6 PART TWO. TRENDS IN CLIMATE LAWS AND POLICIES IN ASIA 11 AND THE PACIFIC I. The Paris Agreement and National Laws and Policies 11 Are Mutually Reinforcing II. National Preferences Guide Climate Change Legal and 12 Policy Frameworks III. Framework Climate Laws Are Growing and Have Benefits 13 for Propelling Coordinated Action IV. Data and Reporting Requirements Are Influencing Legal 14 Frameworks V. Climate Litigation Is Shaping Climate Law Globally 14 iv CONTENTS VI. Science Is Evolving Responses to Climate Change 16 VII. Courts Are Integrating Scientific Consensus into National Law 17 VIII. Adaptation Legal Frameworks Need Strengthening 18 IX. Environmental Impact Assessments Should Consider 18 Climate Change X. Legal Frameworks on Oceans Need Strengthening 19 XI. Technology and Markets Need Responsive Legal and Regulatory 20 Frameworks XII. Carbon Pricing Laws and Policies Remain in the Minority 21 Across the Region PART THREE. COMPARATIVE CONSTITUTIONAL SURVEY 25 I. Constitutional Rights Litigation in Asia and the Pacific 25 II. Constitutional Climate Litigation Is More Common in South Asia 26 III. Rights-Based Climate Litigation Is Less Frequent in Southeast Asia 28 and the Pacific IV. Rights-Based Litigation Applies Universal Principles, Making It 31 Readily Transferable V. Using Tables 3.1–3.3 31 PART FOUR. SOUTH ASIA LEGAL FRAMEWORKS 45 I. AFGHANISTAN 45 A. Country Snapshot: Climate and Environmental Challenges 45 B. Overarching Climate Change Legal and Policy Framework 45 C. Energy Supply 47 D. LULUCF and REDD+ 50 E. Disaster Risk Management 51 II. BANGLADESH 52 A. Country Snapshot: Climate and Environmental Challenges 52 B. Overarching Climate Change Legal and Policy Framework 52 C. Energy Supply 54 D. Energy Demand 57 E. Climate Finance 58 F. LULUCF and REDD+ 58 G. Transportation 59 H. Adaptation 59 I. Disaster Risk Management 60 III. BHUTAN 61 A. Country Snapshot: Climate and Environmental Challenges 61 B. Overarching Climate Change Legal and Policy Framework 61 C. Energy Supply 63 D. Energy Demand 66 CONTENTS v E. LULUCF and REDD+ 66 F. Adaptation 67 G. Disaster Risk Management 68 IV. INDIA 68 A. Country Snapshot: Climate and Environmental Challenges 68 B. Overarching Climate Change Legal and Policy Framework 69 C. Energy Supply 72 D. Energy Demand 74 E. Carbon Pricing 75 F. LULUCF and REDD+ 75 G. Cities and Buildings 75 H. Adaptation 76 I. Subnational Activities 76 V. MALDIVES 76 A. Country Snapshot: Climate and Environmental Challenges 76 B. Overarching Climate Change Legal and Policy Framework 77 C. Energy Supply 78 D. Energy Demand 81 E. Transportation 81 F. Adaptation 81 G. Disaster Risk Management 82 VI. NEPAL 83 A. Country Snapshot: Climate and Environmental Challenges 83 B. Overarching Climate Change Legal and Policy Framework 83 C. Energy Supply 84 D. LULUCF and REDD+ 87 E. Agriculture 88 F. Water 89 G. Adaptation 89 H. Disaster Risk Management 90 VII. PAKISTAN 90 A. Country Snapshot: Climate and Environmental Challenges 90 B. Overarching Climate Change Legal and Policy Framework 91 C. Energy Supply 94 D. Energy Demand 96 E. LULUCF and REDD+ 96 F. Transportation 96 G. Adaptation 97 H. Disaster Risk Management 97 VIII. SRI LANKA 98 A. Country Snapshot: Climate and Environmental Challenges 98 B. Overarching Climate Change Legal and Policy Framework 99 vi CONTENTS C. Energy Supply 100 D. Energy Demand 103 E. Adaptation 103 F. Disaster Risk Management 104 PART FIVE. SOUTHEAST ASIA AND PEOPLE’S REPUBLIC OF CHINA 107 LEGAL FRAMEWORKS I. CAMBODIA 107 A. Country Snapshot: Climate and Environmental Challenges 107 B. Overarching Climate Change Legal and Policy Framework 107 C. Energy Supply 112 D. Energy Demand 113 E. Climate Finance 114 F. LULUCF and REDD+ 114 G. Transportation 114 H. Adaptation 115 I. Disaster Risk Management 115 II. INDONESIA 116 A. Country Snapshot: Climate and Environmental Challenges 116 B. Overarching Climate Change Legal and Policy Framework 116 C. Energy Supply 122 D. Energy Demand 123 E. LULUCF and REDD+ 124 F. Transportation 125 G. Adaptation 126 III. LAO PEOPLE’S DEMOCRATIC REPUBLIC 126 A. Country Snapshot: Climate and Environmental Challenges 126 B. Overarching Climate Change Legal and Policy Framework 127 C. Energy Supply 130 D. Energy Demand 130 E. LULUCF and REDD+ 131 F. Adaptation 131 G. Disaster Risk Management 132 IV. MALAYSIA 132 A. Country Snapshot: Climate and Environmental Challenges 132 B. Overarching Climate Change Legal and Policy Framework 133 C. Energy Supply 135 D. Energy Demand 137 E. LULUCF and REDD+ 138 F. Transportation 138 G. Adaptation 139 H. Disaster Risk Management 139 CONTENTS vii V. MYANMAR 140 A. Country Snapshot: Climate and Environmental Challenges 140 B. Overarching Climate Change Legal and Policy Framework 140 C. Energy Supply 142 D. Energy Demand 145 E. LULUCF and REDD+ 145 F. Transportation 146 G. Adaptation 146 H. Disaster Risk Management 147 VI. PEOPLE’S REPUBLIC OF CHINA 148 A. Country Snapshot: Climate and Environmental Challenges 148 B. Overarching Climate Change Legal and Policy Framework 148 C. Energy Supply 152 D. Energy Demand 153 E. Carbon Pricing 154 F. LULUCF and REDD+ 154 G. Adaptation 155 H. Managing Water Resources 155 VII. PHILIPPINES 156 A. Country Snapshot: Climate and Environmental Challenges 156 B. Overarching Climate Change Legal and Policy Framework 156 C. Energy Supply 163 D. Energy Demand 164 E. LULUCF and REDD+ 165 F. Transportation 166 G. Adaptation 167 H. Disaster Risk Management 168 VIII. SINGAPORE 168 A. Country Snapshot: Climate and Environmental Challenges 168 B. Overarching Climate Change Legal and Policy Framework 168 C. Energy Supply 170 D. Energy Demand 172 E. Transportation 174 F. Adaptation 174 IX. THAILAND 175 A. Country Snapshot: Climate and Environmental Challenges 175 B. Overarching Climate Change Legal and Policy Framework 175 C. Energy Supply 179 D. Energy Demand 180 E. LULUCF and REDD+ 181 F. Transportation 182 viii CONTENTS G. Adaptation 183 H. Disaster Risk Management 183 X. VIET NAM 184 A. Country Snapshot: Climate and Environmental Challenges 184 B. Overarching Climate Change Legal and Policy Framework 184 C. Energy Supply 187 D. Energy Demand 194 E. LULUCF and REDD+ 195 F.
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