Australia's CPRS Breaching International Obligations

The low levels of ambition demonstrated by the proposed CPRS legislation have been
widely condemned. The target range of between 5 and 15% reduction below 2000 levels
by 2020, (rising to 25% in the event of international agreement) falls unacceptably
below world standards, with the current international negotiating range for developed
countries falling between at least 25% and at least 45% below 1990 (a lower base year
than the Australian commitment) levels by 2020 according to the revised negotiating
text prepared for Copenhagen in June 2009.3 This represents an increase of 5% in the
upper end of the range of 25-40% that was agreed upon by the Ad Hoc Working Group
on Further Commitments for Annex 1 Parties under the Kyoto Protocol in 20084,informed by
IPPC 4th Assessment Report of 2007. It is noted that this range does not take into account lifestyle
changes which have the potential to considerably increase this range.

On an analysis of the legal texts, combined with the critical mass of scientific evidence
and international momentum, ClientEarth advises that the current target range
proposed in the CPRS Bill leaves Australia open to allegations of breach of its
international legal obligations under articles 4, 5 and possibly 6 of the World
Heritage Convention (WHC) and article 4 of the United Nations Framework
Convention on Climate Change (UNFCCC). Targets also have a significant bearing on
Australia’s ability to discharge its obligations under other instruments of international law
such as the Convention on Biological Diversity 1992.

(extracted from "Australian Carbon Pollution Reduction Scheme Legislation – International Comparative Analysis"). To read the full document click here .