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Robert Kibugi

The evidence of climate change is now irrefutable. African ecosystems are already being affected by climate change, which will further amplify existing stress on water availability in Africa, with strong adverse effects on food security. Kenya faces climate change impacts in its development efforts, particularly in the vulnerability of smallholder, mainly rain-fed, agriculture, to climate variability. The chapter examines the role of the law in framing appropriate tools that can be deployed for use by the government and farmers in order to coordinate adaptation strategies in a manner that builds resilience, and enhances adaptive capacity. In particular, the argument is that it is necessary to pursue mainstreaming of climate change strategies into agriculture law and policy priorities, in order to ensure that from national policy to land use choices by farmers, adaptation is internalized as an imperative for agriculture decision making. Key Words: climate change, adaptation, agriculture, economy, land use, extension

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Robert Kibugi

Abstract

The basis for relationships between independent nations of the world, as expressed through the United Nations (UN) Charter, include the development of friendly relations among nations based on respect for the principle of equal rights, and the principle of the sovereign equality of all its Members. In the application of formal equality, such as when the rule of sovereign equality is taken literally, existing patters of wealth are grandfathered, and such a system tends to produce optimal aggregate outcomes, such as high economic growth, but tends to overlook the welfare of disadvantaged nations. The UNFCCC recognized, explicitly, the principle of common but differentiated responsi-bilities (CBDR), calling on Parties to protect the climate system for the benefit of present and future generations of humankind, on the basis of equity, and in accordance with the principle of CBDR, and respective capabilities. The practice of CBDR, in addressing global climate change, has principally focused on notions of justice, intended for nations with historically high emissions to remedy the unequal situation through the preferential treatment of developing countries, by measures such as corrective justice. Arguments have been made in favour of developing country Parties taking on commitments, at international law, on the basis of national circumstances and respective capabilities, an approach set out under the Paris Agreement, and, most prominently, manifested through Nationally Determined Contributions (NDCs). This chapter examines this evolution of the CBDR principle in the context of global attempts to address climate change, and assesses how, so far, the implementation of the Paris Agreement has approached this in practice.