Adaption to climate change : legal implications for Malta

Abstract

Climate Change is an inevitable reality. Backed by solid scientific knowledge and statistical proof, it involves all sectors of society, nature and the economy. Whilst concerted multilateral efforts have focused mainly upon mitigating the increase of the effects of climate change, it is evident that mitigation alone is insufficient to fully tackle the problem at hand. Faced with a changing climate, the need for adaptation to new conditions is evident. Several international efforts, culminating in the United Nations Framework Convention on Climate Change and its Kyoto Protocol, have tackled climate change, particularly via mitigation practices. The extent of enforceability with regard to adaptation measures, however, remains highly debatable. Malta being a Party State to the Framework Convention and the Kyoto Protocol is bound to follow the treaty provisions. Being also a Member State to the European Union as of 2004, its corpus of legislation contains several EU provisions concerned with adaptation to climate change within diverse fields. The Directives require Malta to set up several mechanisms aimed at data collection and the creation of long-term solutions for particularly vulnerable sectors. However, Malta requires the introduction of several more measures, and the resolution of several legal conundrums attached to adaptation, which should eventually lead to the drafting and implementation of a National Adaptation Strategy concerning a multitude of issues affected by climate change.