CLIMATE CHANGE A Comparative Overview of Legislative and Executive Responses in the Americas

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CLIMATE CHANGE A Comparative Overview of Legislative and Executive Responses in the Americas
CLIMATE CHANGE
A Comparative Overview
of Legislative and Executive
Responses in the Americas
CLIMATE CHANGE A Comparative Overview of Legislative and Executive Responses in the Americas
TABLE OF                                                                       INTRODUCTION AND
CONTENTS                                                                       PURPOSE
Climate Change Responses by the                                                This document provides a
                                                                                                                    Climate Change Responses
Legislative Branch........................................................ 3   comparative analysis of trends
                                                                               in the development of legislation    and Approaches: Roles
Climate Change Responses by the                                                and policy instruments to            and Responsibilities of the
Executive Branch ...................................................... 13     address climate change in OAS
                                                                                                                    Legislative and Executive
                                                                               Member States. It looks at

At a Glance: Index of Key Legislation
                                                                               the implementation of legal          Branches
                                                                               principles by legislative and
and Policy Frameworks to Address                                                                                    The legislative branch and
                                                                               executive branches and their
Climate Change ..........................................................22                                         executive branch have distinct
                                                                               contribution to defining how
                                                                               climate change is addressed at       and interrelated responsibilities

                                                                               a national level. A companion        in addressing the issue of
The views expressed herein are presented for informational
                                                                               booklet, “Climate Change: A          climate change. Legislatures
purposes only and do not represent opinions or the official
                                                                               Comparative Overview of the          are responsible for ensuring
position of the Organization of American States, its General
                                                                               Rights Based Approach in the         that citizen interests are
Secretariat or its Member States, nor of ParlAmericas and its
                                                                               Americas” is also available. It is   broadly represented and
Members.
                                                                               intended to brief policy-makers      that governments are held
COPYRIGHT © (2017) General Secretariat of the Organization                                                          accountable in implementing
                                                                               and parliamentarians on current
of American States and ParlAmericas. Published by the                                                               laws that are supported by
                                                                               knowledge and understanding,
Department of Sustainable Development and ParlAmericas.
                                                                               and developments in the Inter-       appropriate budget allocations.
All rights reserved under the International and Pan-American
                                                                               American agenda, that relate to      The executive branch, in turn, is
Conventions. No part of the content of this material may be
                                                                               climate change, as well as its       responsible for outlining policy
reproduced or transmitted in any form​, including electronic
                                                                               linkages to environmental and        frameworks and for executing
or mechanical, a
               ​ nd not limited to photocopying, recording ​
                                                                               human rights law.                    mandates received from the
and ​storage, or extracting information without the prior
                                                                                                                    legislative branch.
written consent or authorization of the publishers​.
CLIMATE CHANGE A Comparative Overview of Legislative and Executive Responses in the Americas
CLIMATE CHANGE
RESPONSES BY                                                                           Antigua and
                                                                                       Barbuda
                                                                                                                                           Argentina

THE LEGISLATIVE
                                                                                                                                           There is no specific law in Argentina
                                                                                       There is no specific                                that addresses climate change. The

BRANCH
                                                                                       or comprehensive                                    country has nonetheless ratified
                                                                                       climate change law in                               the United Nations Framework
                                                                                       Antigua and Barbuda.                                Convention on Climate Change
Parliaments perform a critical role in democratic                                      Measures to require                                 (UNFCCC), the Kyoto Protocol and
society as the institution that represents and                                         or encourage climate                                the Paris Agreement. Several other
aggregates citizen interests in the drafting and                                       change mitigation                                   laws also have an effect of requiring
scrutiny of legislation and oversight of the                                           and adaptation are                                  or encouraging mitigation and
executive branch. Parliamentarians in OAS                                              instead found in                                    adaptation actions. These include
Member States are likewise committed to adopting                                       other laws such as                                  Law 25.675 (General Law of the
legislation, holding governments accountable,                                          the Forestry Act,2 the                              Environment) and Law 26.190,
and fostering cooperation and exchanges of                                             Beach Protection Act,3                              which establishes a regime for the
innovative practices for climate change mitigation                                     the Plant Protection                                national promotion of production
and adaptation through inter-parliamentary                                             Act, the Fisheries
                                                                                             4
                                                                                                                                           and use of renewable sources of
institutions like ParlAmericas—and initiatives like                                    Act,5 and the recently                              energy, as well as complementary
the Parliamentary Network on Climate Change                                            enacted Environment                                 laws to promote biofuels and
(PNCC) that ParlAmericas has jointly established                                       Protection                                          hydrogen energy. Law 26.639 also
with Parlatino.                                                                        Management Bill.            6
                                                                                                                                           establishes a minimum threshold
   The comparative analysis that follows, while                                                                                            regime for the protection of glaciers
not comprehensive, provides some insight on                                                                                                and periglacial environment.
legislative trends to mitigate and adapt to climate
change through national parliaments in different
countries across the hemisphere.1

                                           C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S   3
CLIMATE CHANGE A Comparative Overview of Legislative and Executive Responses in the Americas
Barbados                                                 Belize                                       Bolivia                                               Brazil
    There is no specific law                                 Belize does not                              Bolivia does not have a                               Brazil established by law the
    in Barbados addressing                                   have a specific law                          specific law addressing                               National Climate Change Policy
    climate change, but                                      addressing climate                           climate change.                                       that defines principles, objectives,
    rather a wide scope of                                   change. The                                  However, in 2012, it                                  directives and management
    separate laws that address                               Environmental                                enacted a Framework                                   instruments relating to climate
    environmental, land use                                  Protection Act         8
                                                                                                          Law of Mother Earth for                               change. Law 12.187 instructs the
    and building issues and                                  nonetheless                                  Integral Development                                  executive branch to issue sectoral
    therefore have an effect in                              has an effect                                to Live Well (Law 300),9                              plans for mitigation and adaptation.
    requiring and encouraging                                of requiring                                 which establishes                                     Other laws also have an effect of
    mitigation and adaptation                                mitigation or                                that climate change                                   requiring or encouraging mitigation
    in response to climate                                   adaption through                             projections should                                    actions. These include the Forest
    change. For example,                                     regulation of                                be incorporated in                                    Code, the Solid Waste Policy,
    the Town and Country                                     pollution and                                development decisions                                 the Coastal Zone Management
    Planning Act, which                                      effluents, and                               and requires that                                     Law, the Electricity Sector Law,
    regulates the physical land                              environmental                                climate change policies                               and the Biodiesel Law, amongst
    use planning system, has                                 impact                                       be developed.10 This                                  others. An important feature of the
    guided the development                                   assessments.                                 law also establishes                                  Brazilian legal framework is the
    of the National Physical                                                                              principles of climate                                 constitutional provision established
    Development Plan, which                                                                               justice and access to                                 in Article 225 that provides for an
    supports renewable                                                                                    justice through courts                                integral approach in environmental
    energy production by                                                                                  and tribunals in cases                                matters and establishes the
    earmarking suitable                                                                                   of violation of the rights                            responsibility of all branches of
    sites for wind energy                                                                                 of Mother Earth.                                      government and of citizens to
    development.7                                                                                                                                               protect and defend the environment
                                                                                                                                                                for future generations.

4    C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
CLIMATE CHANGE A Comparative Overview of Legislative and Executive Responses in the Americas
Canada                               Chile                                                                      Colombia                                         Costa Rica
Canada does not have a               While Chile does not have an explicit                                      Since 2015, Colombia                             Costa Rica has
specific law addressing              law that addresses climate change,                                         has been working                                 been debating
climate change but rather an         the General Law of the Environment                                         on a draft bill to                               a General Law
extensive legal framework that       acknowledges climate change                                                establish climate                                on Climate
regulates the environment            mitigation as a national priority.                                         change mitigation                                Change. In the
and energy, comprised of the         This law mandates the Ministry                                             and adaptation                                   interim, other
Environmental Protection             of Environment with proposing                                              measures. In the                                 laws such as the
Act,11 the Environmental             policies and formulating plans and                                         interim, other                                   Environmental
Assessment Act,12 the Water          programs related to climate change,                                        laws such as the                                 Law, the Forestry
Act, and the Energy Efficiency
    13
                                     in collaboration with different                                            Renewable Natural                                Law, and a
Act among other laws, which
   14
                                     entities of the public administration,                                     Resources and                                    legal regime
have an effect of requiring or       to establish mitigation and                                                Environmental                                    governing
encouraging mitigation and           adaptation measures. Other                                                 Protection Code15                                energy use have
adaptation in response to the        legislation, like the General Law for                                      and the Law for                                  had an effect
impacts of climate change.           Electric Services, the Law on Non-                                         Promotion and                                    of requiring or
Some provincial legislatures         Conventional Renewable Energies,                                           Efficient Use of                                 encouraging
have also enacted climate            the Law on Geothermal Energy,                                              Energy Resources16                               mitigation and
change and Greenhouse Gas            the Forest Law, and a law that                                             have an effect                                   adaptation
(GHG) emissions reduction            establishes a tax exemption on solar                                       of requiring or                                  actions.
laws. These include a carbon         thermal systems, have an effect of                                         encouraging
levy in the province of British      requiring or encouraging mitigation                                        mitigation and
Columbia and cap-and-trade           and adaptation. The establishment                                          adaptation actions.
systems in the provinces of          of a carbon tax on emissions from
Ontario and Quebec.                  fixed sources has contributed to
                                     historically low solar energy prices.

                                  C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S   5
CLIMATE CHANGE A Comparative Overview of Legislative and Executive Responses in the Americas
Cuba                                                         Dominica                                                                                      Dominican Republic
    There is no specific law in                                  The Commonwealth of Dominica does not have                                                    The Dominican Republic does not
    Cuba addressing climate                                      a specific law addressing climate change. A                                                   have a specific law addressing
    change, but a broad                                          series of laws have nonetheless been enacted                                                  climate change. However, the
    institutional and legal                                      to regulate use of fragile land resources. These                                              National Development Strategy
    framework is in place to                                     include inter alia: the Town and Country                                                      sets a commitment to decrease
    address mitigation and                                       Planning Act, the Land Management Authority                                                   GHG emissions. Additionally,
    adaptation objectives.                                       Act, the Forest Reserve Rules, the Forestry and                                               much of the country’s
    The Environment and                                          Wildlife Act, the National Parks and Protected                                                environmental legislation is
    Rational Use of Natural                                      Areas Act (which protects 20% of the country’s                                                relevant to climate change.
    Resources Law of 1997                                        land mass), the Beach Control Act, the Water                                                  Since issuance of the General
    established the general                                      and Sewerage Act, and the Pesticide Control                                                   Environmental Law (64-00),
    responsibilities of the State                                Act. A comprehensive Environmental, Climate                                                   environmental and climate
    to protect and rehabilitate                                  Change and Development Bill is currently being                                                change management issues are
    the environment, and                                         developed under a Cabinet directive issued in                                                 the responsibility of the Ministry
    systematically tackle causes                                 August 2011. This new legislation is expected                                                 of Environment and Natural
    of degradation. In 2014, the                                 to address key deficiencies in the existing legal                                             Resources. Legal frameworks
    Foreign Investment Law also                                  and institutional framework, and to establish an                                              such as the Law on Incentives for
    called for use of renewable                                  effective framework for managing anthropogenic                                                Developing Sources of Renewable
    energies in foreign                                          threats to vulnerable ecosystems. The bill is also                                            Energy, the Law on Hydrocarbons
    investment projects.                                         meant to establish key legal and institutional                                                and the Forestry Law among
                                                                 frameworks needed to effectively implement                                                    others, have an effect in requiring
                                                                 the country’s Low-Carbon Climate-Resilient                                                    or encouraging mitigation and
                                                                 Development Strategy and address climate and
                                                                                                     17
                                                                                                                                                               adaptation actions.
                                                                 development issues in an integrated manner.

6   C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
CLIMATE CHANGE A Comparative Overview of Legislative and Executive Responses in the Americas
Ecuador           El Salvador                                Grenada                                               Guatemala                                   Guyana
Ecuador does      El Salvador does not                       Grenada does not                                      Guatemala has                               Guyana does not
not have a        have a specific law                        have a specific law                                   a Framework                                 have a specific
specific law      addressing climate                         addressing climate                                    Law to regulate                             law addressing
addressing        change. However,                           change. Climate change                                vulnerability                               climate change.
climate change.   the legal framework                        is primarily addressed                                reduction,                                  However, the
However, the      that regulates the                         through executive                                     adaptation to                               Environmental
legal framework   environment and                            policies and strategies.                              climate change                              Protection Act,
that regulates    energy, including                          The Constitution                                      and mitigation of                           the Energy
the environment   the General                                recognizes under                                      GHG emissions.23                            Act and the
and energy        Environmental                              the general welfare                                   Complementary                               Protected Areas
has an effect     Law, the Forestry                          clause the right to a                                 frameworks                                  Act, amongst
of requiring or   Law,19 and the Land                        clean, healthy and                                    include the Forest                          other laws,
encouraging       Use Planning and                           ecologically balanced                                 Law24 and a Law                             have an effect
mitigation and    Development Law,       20
                                                             environment which                                     that provides                               of requiring or
adaptation        among others, have                         is the overarching                                    incentives for                              encouraging
measures.18       an effect in requiring                     framework for these                                   renewables.                                 mitigation and
                  or encouraging                             policies. Several                                                                                 adaptation
                  mitigation and                             individual laws also                                                                              actions.
                  adaptation actions.     21
                                                             support climate change
                                                             objectives such as the
                                                             Forestry Soil and Water
                                                             Conservation Act22 or
                                                             the Land Development
                                                             Control Act.

                                C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S   7
CLIMATE CHANGE A Comparative Overview of Legislative and Executive Responses in the Americas
Haiti                                                                              Honduras                                   Jamaica
                 While there was a lot of discussion                                                Honduras                                   In Jamaica, there is no law that
                 regarding the need to strengthen the                                               does not have                              expressly requires mitigation
                 environmental management framework                                                 a specific law                             or adaptation to the impacts of
                 in Haiti following the 2010 earthquake,                                            addressing                                 climate change. Several laws and
                 the country does not have a specific                                               climate change.                            regulations nonetheless have an
                 environmental management framework                                                 The national legal                         effect of requiring or encouraging
                 or a climate change law. Chapter II of                                             framework that                             mitigation and adaptation actions.
                 the 1987 Constitution contains articles                                            regulates the                              These include the Clean Air Act,
                 addressing the environment, and                                                    environment and                            the Watershed Protection Act, the
                 provides for maintaining an ecological                                             energy therefore                           Water Resources Authority Act,
                 balance. In 2006, a Presidential Decree                                            has an important                           the Environmental Management
                 on Environmental Management25                                                      influence in                               Act, the Land Authority Act, the
                 was issued to complement these                                                     addressing                                 Land Development and Utilization
                 constitutional provisions. The decree                                              climate change.                            Act, the Urban Development
                 contains provisions on environmental                                                                                          Corporation Act, the Meteorological
                 planning, protected areas, environmental                                                                                      Act, the Natural Resources
                 assessments, the national environmental                                                                                       Conservation Authority Act, the
                 information system, pollution, and                                                                                            Office of Disaster Preparedness and
                 environmental damage.                                                                                                         Emergency Management and the
                                                                                                                                               Disaster Management Act, as well
                                                                                                                                               as the National Heritage Trust Act,
                                                                                                                                               the Endangered Species Act and
                                                                                                                                               forestry regulations.26

8   C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
CLIMATE CHANGE A Comparative Overview of Legislative and Executive Responses in the Americas
Mexico                               Nicaragua                                    Panama                                                                   Paraguay
In 2012, Mexico enacted a            While Nicaragua                              Panama has recently established a                                        Since 2014, Paraguay
General Law on Climate               does not have a                              Ministry of Environment through                                          has been discussing
Change (amended in 2014).            specific climate                             Law 8 of 2015 and an amendment                                           a General Law on
This complements other               change law, a                                of Law 41 of 1998 (the National                                          Climate Change.
legislation like the General         resolution on                                Environmental Law) as well as                                            In the interim, the
Ecological Equilibrium and           climate change                               some provisions in the Water Law.                                        legal framework
Environmental Protection             and adaptability27                           Panama does not have a specific                                          on environmental
Law and the General Law on           amended                                      law addressing climate change,                                           management has an
Environment and Natural              the General                                  but rather an environmental legal                                        effect of requiring
Resources, which collectively        Environmental                                and regulatory framework and                                             or encouraging
address air quality, renewable       and Natural                                  an energy regulation framework                                           mitigation and
energy, wildlife and                 Resources Law28                              that supports climate change                                             adaptation to the
biodiversity, and sustainable        to include climate                           adaptation and mitigation efforts.                                       impacts of climate
forest management. In 2011,          change protection.                           In December 2016, a representative                                       change.
it also issued a law that                                                         of the National Assembly assumed
limits vehicular emissions.                                                       the presidency of the ParlAmericas
Legislative initiatives like                                                      permanent working group on
these have been a strong driver                                                   climate change, which supports
of executive policy to tackle                                                     inter-parliamentary coordination
climate change following the                                                      and experience-sharing on
Cancun Agreements in 2010.                                                        legislative measures for mitigation
                                                                                  and adaptation to climate change
                                                                                  across the hemisphere.

                                  C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S   9
CLIMATE CHANGE A Comparative Overview of Legislative and Executive Responses in the Americas
Peru                                                      St. Kitts and Nevis                                           St. Lucia                             St. Vincent and the
     Since 2014, Peru has been                                 St. Kitts and Nevis does not                                  In St. Lucia, there is
                                                                                                                                                                   Grenadines
     working on a proposed                                     have a specific law addressing                                no law that expressly                 In St. Vincent and
     Framework Law on Climate                                  climate change. Instead, the                                  requires mitigation                   the Grenadines,
     Change through outreach                                   National Conservation and                                     or adaptation to the                  there is no individual
     to different political                                    Environmental Protection                                      impacts of climate                    law that expressly
     sectors. In the interim,                                  Act (NCEPA), the Fisheries                                    change. These objectives              requires mitigation of
     the legal framework                                       Act, and the Agricultural                                     are instead supported                 or adaptation to the
     on environmental                                          Development Act, among                                        through other laws like               impacts of climate
     management, including                                     others, have an effect of                                     the Forest, Soil and                  change and no general
     the General Environmental                                 requiring or encouraging                                      Water Conservation                    environmental
     Law, the Environmental                                    mitigation and adaptation                                     Act, the Saint Lucia                  management
     Management System                                         actions.30 Other notable                                      National Trust Act, the               framework. Instead,
     Law, the Law on Regional                                  legislation includes the                                      Wildlife Protection Act,              the Forest Resource
     Governments, the Law on                                   Development Control                                           the Fisheries Act, the                Conservation Act,32 the
     Payment for Ecosystem                                     and Planning Act, which                                       Land Conservation and                 Beach Protection Act,33
     Services, the Forest and                                  established a Development                                     Improvement Act, the                  the Fisheries Act,34 and
     Wild Fauna Law, the                                       Control and Planning Board                                    National Conservation                 the Waste Management
     Protected Areas Law, and                                  with the responsibility                                       Authority Act and the                 Act,35 amongst others,
     the Water Resources Law                                   to review and make                                            Physical Planning and                 have an effect of
     support climate change                                    determinations on building                                    Development Act.                      supporting actions to
     adaptation and mitigation                                 and development planning                                                                            address climate change.
     efforts. 29
                                                               applications in relation
                                                               to environmental impact
                                                               assessments.31

10      C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
Suriname                       The Bahamas                                        Trinidad and Tobago                                    United States
Suriname does not              In the Bahamas,                                    In Trinidad and Tobago,                                In the United States, the
have a specific law that       there is no law that                               there is no law that                                   Global Climate Change
addresses climate change       expressly requires                                 expressly requires                                     Prevention Act of 199039
nor a comprehensive            mitigation or                                      mitigation or adaptation                               establishes mitigation
environmental law              adaptation to the                                  to the impacts of climate                              actions within the
enacted since the Nature       impacts of climate                                 change. These objectives                               agriculture, forestry and
Conservation Act of            change. These                                      are instead supported                                  trade sectors. While
1954.36 Issues related to      objectives are instead                             through other laws like                                there is no federal law
environmental pollution,       supported through                                  the Vehicle Emissions                                  that comprehensively
the establishment              other laws like the                                Act, the Air and Noise                                 regulates mitigation and
of an environment              Conservation and                                   Pollution Management                                   adaptation to climate
authority and fund for         Protection of the                                  Act, the Water Pollution                               change, these objectives
climate research, and          Physical Landscape                                 Management Act,                                        are supported through
provisions to make             Act.   38
                                                                                  the Environmental                                      several individual
environmental impact                                                              Management Act, the                                    laws addressing air
analysis mandatory37 are                                                          Disasters Measures Act,                                quality, energy, forestry
nonetheless expected to                                                           and the Forests Act.                                   and coastal zone
be included under a new                                                                                                                  management. Legislative
environmental law that is                                                                                                                initiatives at the state
under consideration.                                                                                                                     level complement these
                                                                                                                                         national frameworks.

                            C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S   11
Uruguay                                 Venezuela
     Uruguay does                            In Venezuela, the
     not have a law                          legal framework
     that expressly                          regarding climate
     requires                                change is comprised
     mitigation or                           of the Constitution,
     adaptation to                           the Organic
     the impacts of                          Environmental
     climate change.                         Law40 and the Law
     The General                             of Socio-Natural
     Environmental                           and Technological
     Law nonetheless                         Risks of 2009.41 The
     supports                                latter established
     compliance with                         a committee
     climate change                          responsible for the
     mitigation and                          National Adaptation
     adaptation                              to Climate Change
     measures.                               Plan and for assessing
                                             the country’s
                                             vulnerabilities to
                                             climate change.

12     C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
CLIMATE
CHANGE                                                             Antigua and                                            Argentina                                     Barbados
                                                                   Barbuda
RESPONSES BY
                                                                                                                          Argentina hosted                              Barbados has a
                                                                   Antigua and Barbuda                                    the Conference                                National Climate

THE EXECUTIVE                                                      has demonstrated
                                                                   its commitment to
                                                                                                                          of the Parties
                                                                                                                          (COP 4) of the
                                                                                                                                                                        Change Policy
                                                                                                                                                                        since 2012, which

BRANCH                                                             the implementation
                                                                   of obligations under
                                                                                                                          UNFCCC in 1998,
                                                                                                                          and established
                                                                                                                                                                        supports continued
                                                                                                                                                                        institutional,
                                                                   the United Nations                                     the Argentinian                               administrative
The executive branch has a two-                                    Framework Convention                                   Carbon Fund in                                and legislative
folded mission. First, it outlines policy                          on Climate Change                                      2015, through an                              improvements to
frameworks that require legislative                                (UNFCCC) through                                       executive decree                              mitigation and
efforts to be implemented and, second,                             the establishment                                      (Decree 1070/05)                              adaptation efforts
it executes mandates conferred by                                  of a climate change                                    to promote                                    in pursuit of a green
the legislative branch through public                              database, Greenhouse                                   mitigation projects                           economy status.
policies. The following comparative                                Gas (GHG) inventory,                                   under the Kyoto                               The country has
analysis, while not comprehensive,                                 and research and                                       Protocol. Since                               taken a leading role
illustrates trends to mitigate and adapt                           monitoring programs,                                   2012, the country                             in climate finance
to climate change through national-level                           amongst other policies.                                also possesses a                              issues, through
policies of the executive branch.   42
                                                                   It has also issued a                                   National Climate                              its representation
                                                                   National Environmental                                 Change Mitigation                             of Small Island
                                                                   Strategy and National                                  Strategy.                                     Developing States in
                                                                   Physical Development                                                                                 the Green Climate
                                                                   Plan, a National Energy                                                                              Fund Board.44
                                                                   Policy, and an Energy
                                                                   Sustainability Strategy.43

                                            C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S   13
Belize                                                             Bolivia                                           Brazil                                   Canada
     Belize has been working on                                         Bolivia has promoted                              Several executive decrees                Canada has shown
     a National Energy Policy                                           initiatives that                                  have been issued by Brazil               strong leadership on
     Proposal with support from the                                     contribute to climate                             in areas that address                    climate change issues. As
     OAS.45 One of the objectives                                       change mitigation                                 climate change mitigation                part of its contribution
     of the proposal is to minimize                                     and adaptation                                    and adaptation. Examples                 to a new global climate
     the deleterious effects of                                         through executive                                 include the establishment                change agreement, it
     climate change and GHG                                             decrees. For example,                             of an Inter-Ministerial                  intends to achieve an
     emissions. An existing Climate                                     Decree No. 28218                                  Committee on Climate                     economy-wide target to
     Change Adaptation Policy                                           incorporates clean                                Change (Decree No.                       reduce GHG emissions
     also encourages government                                         development                                       6263/2007), a National                   by 30% below 2005
     agencies to explore and                                            mechanisms                                        Plan on Climate Change,                  levels by 2030. In this
     access opportunities derived                                       in its National                                   as well as a National                    context, the country
     from global climate change                                         Development Policy.                               Climate Change Policy.                   has been implementing
     negotiations for capacity                                                                                            These executive initiatives              a sector-by-sector
     building, new funding, and                                                                                           have committed                           regulatory approach to
     support with technology                                                                                              to include 80% of                        reduce GHG emissions,
     transfers. This policy also                                                                                          renewables in the energy                 aligned with major
     mandates relevant agencies                                                                                           matrix, and to a 10%                     economic partners.
     to prepare adaptation policy                                                                                         reduction in electricity                 Actions have also been
     options for their sectors. In 2009,                                                                                  consumption by 2030                      taken by the executive
     the country issued a National                                                                                        under requirements of the                branch in areas relating
     Adaptation Strategy and Action                                                                                       National Energy Plan.                    to transportation and
     Plan to address climate change                                                                                                                                hydro-fluorocarbons
     in the water sector.46                                                                                                                                        amongst others.47

14      C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
Chile                                                      Colombia                                                               Costa Rica
Chile, through the ministry of the                         Colombia has established                                               Costa Rica has taken strong
Environment, has taken efforts to                          a National Climate Change                                              leadership in tackling
integrate climate change measures                          Adaptation Plan with the objective                                     climate change. The country
in national public policies for the                        of reducing vulnerability and                                          has a National Climate
purpose of achieving a low carbon                          increasing response capacities to                                      Change Strategy since
economy. It has also established                           extreme weather events related                                         2008, and a corresponding
a Council at the ministerial level                         to climate change.49 Three other                                       Action Plan, which entered
focused on sustainability and climate                      strategies relating to climate                                         into force in 2014. It has
change, and issued a revised
        48
                                                           change were also included in the                                       also established a Carbon
National Climate Change Adaptation                         country’s National Development                                         Neutrality System through
Plan in 2014. It is currently updating                     Plan: a Low Carbon Development                                         a ministerial resolution51
its National Climate Change Action                         Strategy, a Reduced Emissions                                          that has engaged the private
Plan through a process of public                           from Deforestation and Forest                                          sector and civil society in
consultations, and developing sector                       Degradation (REDD+) Strategy,                                          addressing climate change.
based adaptation plans. The creation                       and a strategy for financial                                           Based on this system, the
of an Agency for Sustainability                            protection in relation to extreme                                      country has reaffirmed its
and Climate Change has also been                           weather events. Presidential                                           commitment to becoming
announced. This decentralized                              decrees have also established                                          carbon-neutral by 2021.
agency will support implementation                         an Inter-Sectoral Committee on
of state policies for sustainable                          Climate Change, and a National
development and climate action in                          Climate Change System to
the private and public sectors.                            formulate and articulate climate
                                                           change policies.50

                                C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S   15
Cuba                                                                                           Dominica                                                    Dominican Republic
     In 2017, the Council of Ministers approved the                                                 The Commonwealth of                                         The Dominican Republic has
     Climate Change Plan “Tarea Vida,” with a focus on                                              Dominica has implemented                                    an Economic Development
     protecting citizens in vulnerable locations from                                               a Biodiversity and Climate                                  Plan that is compatible with
     extreme weather events, enhancing food security,                                               Change Adaptation Program                                   climate change mitigation
     and livelihoods in the tourism sector. Previously,                                             through its Convention on                                   and adaptation objectives.53
     the 2011 guidelines of the Economic and Social                                                 Biological Diversity Strategy                               A National Council for
     Policy prioritized environmental studies focused                                               and Action Plan,52 which                                    Climate Change and Clean
     on climate change, with an emphasis on water,                                                  fully integrates mitigation                                 Development was also
     soil and biodiversity conservation. The National                                               and adaptation measures.                                    established in 2008 via
     Environmental Strategy of 2011-2015 proposed                                                   Since 2012, the country also                                executive decree.54 This
     to enhance the use of renewable energy sources,                                                has a Low-Carbon Climate-                                   Council is composed of various
     strengthen adaptation measures in coastal zones                                                Resilient Development                                       ministries, government
     management, and promote adaptation planning                                                    Strategy which includes                                     entities, and representatives
     and investments to prevent impacts of extreme                                                  a Pilot Programme for                                       from the private sector and
     weather events. It further introduced mitigation                                               Climate Resilience (PPCR)                                   civil society organizations and
     and adaptation measures to minimize climate                                                    and Strategic Programme on                                  is chaired by the President of
     impacts on human health, to improve early                                                      Climate Resilience (SPCR).                                  the country.
     warning systems, and to extend land-cover in the                                               Implementation of this
     forestry sector. The Program to Combat Climate                                                 strategy is expected to lead
     Change of 2007 highlighted the incorporation of                                                the transformation to a low
     climate change adaptation in all programs, plans                                               carbon economy.
     and projects that focus on food production, water
     resource management, spatial planning, and
     hygiene and epidemiology.

16   C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
Ecuador                   El Salvador                                    Grenada                                                                        Guatemala
The Ministry of           El Salvador has                                Grenada has a National Climate                                                 Guatemala has
Environment of Ecuador    issued various policy                          Change Policy and Action Plan since                                            taken important
is responsible for        instruments that                               2007. These instruments were partially                                         actions to address
implementing policies     address climate                                driven by the country’s participation                                          climate change.
in support of climate     change. These                                  in the Caribbean Planning and                                                  Examples include
change adaptation         include the National                           Adaptation to Climate Change (CPACC)                                           a recently adopted
and mitigation. The       Environmental                                  project executed with the General                                              Energy Policy that
country also has an       Strategy, the                                  Secretariat of the OAS with funding                                            aims to source 80%
Inter-Institutional       National Energy                                from the Global Environmental Facility                                         of the country’s
Committee on Climate      Policy and the                                 (GEF). Since 2011, it has a Low Carbon                                         electricity from
Change that coordinates   National Climate                               Development Strategy, mostly driven                                            renewables by 2030.
policies and actions      Change Strategy of                             by the priority of addressing the
across government         2013.                                          impacts of climate change. The country
departments, and a                                                       has been using the following policies
National Climate Change                                                  as guiding frameworks for low carbon
Strategy to 2025.55                                                      development: the National Energy
                                                                         Policy of 2011, the Protected Area
                                                                         System Plan of 2012, and the National
                                                                         Climate Change Policy and Action Plan
                                                                         of 2007-2011.56

                             C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S   17
Guyana                                          Haiti                                        Honduras                                Jamaica                       Mexico
     As a result of                                  Haiti has an                                 Honduras has                            The Vision 2030               Mexico has a
     participating in the                            extensive policy                             a National                              Jamaica National              National Climate
     Caribbean Planning                              framework that                               Climate                                 Development Plan              Change Plan
     and Adaptation to                               aligns with global                           Change                                  establishes a blueprint       and an Inter-
     Climate Change                                  climate change                               Strategy and                            for development and           Ministerial
     (CPACC) project,                                objectives, despite                          has taken                               overarching framework         Committee that
     executed by the                                 challenges in its                            important                               for activities in support     addresses climate
     General Secretariat of                          implementation.                              actions in                              of climate change             change policies,
     the OAS with funding                            This includes                                relation                                mitigation, particularly      in addition
     from the Global                                 a Strategic                                  to climate                              through greater               to a National
     Environmental                                   Development                                  change, leading                         energy conservation.          Program on Air
     Facility (GEF),                                 Plan and National                            regional efforts                        Adaptation is                 Quality, and a
     since 2002, Guyana                              Adaptation Plan,                             to tackle                               addressed in the              GHG emissions
     has developed a                                 which addresses                              the issue of                            Sector Plan for               registry. A
     Climate Change                                  integrated                                   bark beetles                            Natural Resources             Climate Change
     Adaptation Policy                               water resource                               affecting                               and Environmental             Fund has also
     and Implementation                              management,                                  forests.    57
                                                                                                                                          Management and                been established
     Plan. It is also                                coastal zone                                                                         Climate Change.          58
                                                                                                                                                                        to promote low
     implementing a Low                              management, food                                                                     The country has also          carbon green
     Carbon Development                              security, bio trade,                                                                 developed a National          growth.
     Strategy and has                                energy transition,                                                                   Policy for the Trading
     led international                               and education to                                                                     of Carbon Credits
     efforts in support                              reduce fossil fuel                                                                   within its National
     of projects to avoid                            consumption.                                                                         Energy Policy with
     deforestation.                                                                                                                       support from the OAS.

18      C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
Nicaragua                Panama                                Paraguay                                  Peru                                               St. Kitts and
Nicaragua has            Panama has                            Paraguay has                              Since 2003, Peru
                                                                                                                                                            Nevis
issued a National        a National                            been working on                           has been working                                   St. Kitts and
Environmental and        Climate Change                        a GHG emissions                           to strengthen                                      Nevis has a broad
Climate Change           Strategy since                        inventory for                             normative,                                         policy framework
Strategy. This           2007 and                              more than a                               institutional and                                  to address
strategy is cross        has recently                          decade, and                               policy frameworks                                  environmental and
cutting in nature        engaged in                            has a National                            relating to climate                                climate change
as it is designed to     developing                            Climate Change                            change. It has                                     related challenges.
be implemented by        a conceptual                          Commission                                adopted a National                                 These include
different Ministries     framework for a                       formed by                                 Climate Change                                     the National
and to mainstream        carbon market.                        different                                 Strategy to comply                                 Environmental
climate change                                                 ministries,                               with UNFCCC                                        Management
considerations                                                 government                                commitments at the                                 Strategy (NEMS)
in government                                                  agencies and                              national level, which                              and a National
policy and land                                                representatives                           has been updated in                                Energy Policy
management. Within                                             of academia.60                            consultation with                                  developed with
this framework,                                                                                          multiple stakeholders                              support of the
sectoral authorities                                                                                     on the occasion of                                 OAS.61
have issued action                                                                                       the hosting of the
plans for climate                                                                                        Conference of the
change in relation to                                                                                    Parties (COP 20) of
agriculture, fisheries                                                                                   the UNFCCC in 2014.
and forests among
other sectors.59

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St. Lucia                           St. Vincent and                                  Suriname                                                The Bahamas            Trinidad and
     St Lucia has
                                         the Grenadines                                   In 2011, Suriname                                       The Commonwealth
                                                                                                                                                                         Tobago
     a National                          St Vincent and the                               established a Climate                                   of the Bahamas has     Trinidad and
     Climate                             Grenadines has                                   Compatible Development                                  a National Policy      Tobago has
     Change                              several different                                Agency to consolidate                                   on Adaptation to       a National
     Adaptation                          policies to support                              and streamline                                          Climate Change         Climate Change
     Policy that                         adaptation to                                    climate change                                          since 2005. This       Policy since
     is designed                         climate change.                                  related efforts across                                  policy includes        2011 and has
     to address                          These include                                    various government                                      directives for         established a
     short, medium                       the National                                     departments. The                                        multiple sectors       Green Fund.
     and long                            Economic and Social                              Agency’s responsibilities                               including              The country
     term impacts                        Development Plan                                 include coordination                                    agriculture,           also has a
     of climate                          2013-2025, which                                 of national policies                                    fisheries, the         comprehensive
     change in a                         includes climate                                 on climate change                                       energy sector,         policy
     coordinated,                        resilience in its                                mitigation and                                          the financial and      framework
     holistic and                        strategic objectives,                            adaptation, and forest                                  insurance sector,      addressing
     participatory                       and the National                                 conservation. The agency                                forestry, health and   climate
     manner.                             Environmental                                    is also mandated to                                     human settlements,     change issues
                                         Management                                       secure international                                    biodiversity, and      in relation
                                         Strategy and Action                              funding in relation to                                  the tourism sector     to forests,
                                         Plan. It is currently                            these policies, to lead                                 amongst others.64      energy and
                                         developing a                                     the country’s Climate                                                          environmental
                                         National Energy                                  Change Fund, and                                                               management.
                                         Action Plan.62                                   to support a Climate
                                                                                          Compatible Knowledge
                                                                                          Institute.63

20      C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
United States                              Uruguay                                          Venezuela
In 2014, the US Environmental              Uruguay has                                      Climate change is
Protection Agency (EPA) issued             assumed a leading                                addressed in the
the Clean Power Plan aimed                 role in negotiations                             Economic and Social
at reducing carbon pollution               for multilateral                                 Development Plan
from power plants with a focus             environmental                                    of Venezuela. In
on climate change action,                  agreements and                                   2012, the country
although this plan is currently            support to the                                   also adopted new
under litigation.65 Several states         Montevideo Program                               strategies for climate
have also adopted policies in              on Environmental                                 change mitigation
relation to climate change.                Law. It also has a                               and adaptation.67
These include climate action               comprehensive
plans in Colorado, Connecticut,            National Climate
Maine and New York; the                    Change Strategy.
establishment of GHG emission
performance standards for
vehicles in California, New
Jersey and Washington;
the establishment of
commissions to develop policy
recommendations on climate
change in Alaska, Arkansas and
Arizona, and a cap-and-trade
program in California.66

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AT A GLANCE: INDEX OF KEY LEGISLATION AND POLICY
FRAMEWORKS TO ADDRESS CLIMATE CHANGE

                                         LEGISLATIVE BRANCH                                                                       EXECUTIVE BRANCH

     Antigua and                        • Forestry Act                                                                            • Establishment of a climate change database,
     Barbuda                            • Beach Protection Act                                                                        Greenhouse Gas (GHG) inventory, and research and
                                                                                                                                      monitoring programs
                                        • Plant Protection Act
                                                                                                                                  • National Environmental Strategy
                                        • Fisheries Act
                                                                                                                                  • National Physical Development Plan
                                        • Environment Protection Management Bill
                                                                                                                                  • National Energy Policy
                                                                                                                                  • Energy Sustainability Strategy

     Argentina                          • General Law of the Environment (Ley general                                             • Argentinian Carbon Fund (Fondo argentino del
                                            del ambiente)                                                                             carbono)
                                        • Minimum threshold regime for the protection                                             • National Climate Change Mitigation Strategy
                                            of glaciers and periglacial environment                                                   (Estrategia nacional de mitigación del cambio climático)

     Barbados                           • Town and Country Planning Act                                                           • National Climate Change Policy
                                                                                                                                  • Represents Small Island Developing States in the
                                                                                                                                      Green Climate Fund Board

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LEGISLATIVE BRANCH                                                                  EXECUTIVE BRANCH

Belize    • Environmental Protection Act                                                     • National Energy Policy Proposal
                                                                                             • Climate Change Adaptation Policy
                                                                                             • National Adaptation Strategy

Bolivia   • Framework Law of Mother Earth for Integral                                       • Inclusion of clean development mechanisms in
            Development to Live Well (Ley marco de la                                            the National Development Policy (Política nacional
            madre tierra y desarrollo integral para vivir bien)                                  de desarrollo)

Brazil    • Forest Code                                                                      • National Climate Change Policy
          • Solid Waste Policy                                                               • Inter-Ministerial Committee on Climate Change
          • Coastal Zone Management Law                                                      • National Plan on Climate Change
          • Electricity Sector Law                                                           • National Energy Plan
          • Biodiesel Law

Canada    • Environmental Protection Act                                                     • Sector-by-sector regulatory approach to reduce
          • Environmental Assessment Act                                                         GHG emissions, aligned with major economic
                                                                                                 partners
          • Water Act
                                                                                             • Economy-wide target to reduce GHG emissions by
          • Energy Efficiency Act
                                                                                                 30% below 2005 levels by 2030
          • Emissions reduction laws enacted in some
            provincial legislatures

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LEGISLATIVE BRANCH                                                                       EXECUTIVE BRANCH

     Chile                     • General Law of the Environment (Ley de bases                                            • Council at the ministerial level focused on
                                   generales del medio ambiente)                                                             sustainability and climate change
                               • General Law for Electric Services (Ley general                                          • National Climate Change Adaptation Plan (Plan
                                   de servicios eléctrico)                                                                   nacional de adaptación al cambio climático)
                               • Law on Non-Conventional Renewable Energies                                              • National Climate Change Action Plan (Plan de
                                   (Ley de energías renovables no convencionales)                                            acción nacional de cambio climático) (under public
                               • Law on Geothermal Energy (Ley de concesiones                                                consultation)
                                   de energía geotérmica)                                                                • Agency for Sustainability and Climate Change
                               • Forest Law (Ley de bosques)                                                                 (Agencia de cambio climático y sustentabilidad)

     Colombia                 • Renewable Natural Resources and                                                         • National Climate Change Adaptation Plan (Plan nacional
                                  Environmental Protection Code (Código                                                     de adaptación al cambio climático)
                                  nacional de recursos naturales renovables y de                                        • National Development Plan, which includes: a
                                  protección al medio ambiente)                                                             Low Carbon Development Strategy (Estrategia de
                              • Law for Promotion and Efficient Use of Energy                                               desarrollo bajo en carbono), a Reduced Emissions from
                                  Resources (Ley de uso racional y eficiente de la                                          Deforestation and Forest Degradation (REDD+) Strategy
                                  energía)                                                                                  (Estrategia nacional de reducción de emisiones debidas a
                              • Draft bill to establish climate change mitigation                                           la deforestación y degradación forestal), and a strategy for
                                  and adaptation measures                                                                   financial protection in relation to extreme weather events
                                                                                                                        • Presidential decrees have also established an Inter-
                                                                                                                            Sectoral Committee on Climate Change (Comisión
                                                                                                                            intersectorial de cambio climático), and a National Climate
                                                                                                                            Change System (Sistema nacional de cambio climático)

24    C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
LEGISLATIVE BRANCH                                                                   EXECUTIVE BRANCH

Costa Rica   • Environmental Law (Ley orgánica del ambiente)                                     • National Climate Change Strategy (Estrategia
             • Forestry Law (Ley forestal)                                                           nacional de cambio climático)

             • General Law on Climate Change                                                     • Carbon Neutrality System that has engaged the
               (Proyecto de ley marco de cambio climático)                                           private sector and civil society
                                                                                                 • Reafirmed commitment to becoming carbon-
                                                                                                     neutral by 2021

Cuba         • Environment and Rational Use of Natural                                           • National Environmental Strategy (Estrategia
               Resources Law (Ley de protección del medio                                            nacional ambiental)
               ambiente y del uso racional de los recursos                                       • Climate Change Plan “Tarea Vida” (Tarea Vida: Plan
               naturales)                                                                            de Estado para el enfrentamiento al cambio climático)
             • Foreign Investment Law (Ley de inversión                                          • Program to Combat Climate Change (Programa de
               extranjera)                                                                           enfrentamiento al cambio climático)

Dominica     • Environmental, Climate Change and                                                 • Biodiversity and Climate Change Adaptation
               Development Bill (in progress)                                                        Program
             • Town and Country Planning Act                                                     • Low-Carbon Climate-Resilient Development
             • Land Management Authority Act                                                         Strategy

             • Forest Reserve Rules
             • Forestry and Wildlife Act

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LEGISLATIVE BRANCH                                                                       EXECUTIVE BRANCH

     Dominica                            • National Parks and Protected Areas Act
     (continued)                         • Beach Control Act
                                         • Water and Sewerage Act
                                         • Pesticide Control Act

     Dominican                           • General Environmental Law (Ley general de                                               • Economic Development Plan (Plan de desarrollo
     Republic                                medio ambiente y recursos naturales)                                                      económico)
                                         • Law on Incentives for Developing Sources of                                             • National Council for Climate Change and Clean
                                             Renewable Energy (Ley de incentivo al desarrollo                                          Development (Consejo nacional para el cambio
                                             de fuentes de energía renovable)                                                          climático y el mecanismo de desarrollo limpio),
                                         • Law on Hydrocarbons (Ley de hidrocarburos)                                                  composed of ministries, government entities,
                                                                                                                                       private sector, and civil society organizations,
                                         • Forestry Law (Ley forestal)
                                                                                                                                       chaired by the President of the country

     Ecuador                             • Legal framework that regulates environment                                              • Inter-Institutional Committee on Climate Change
                                             and energy, and requires or encourages                                                    (Comité interinstitucional de cambio climático)
                                             mitigation and adaptation measures                                                    • National Climate Change Strategy (Estrategia
                                                                                                                                       nacional de cambio climático)

26     C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
LEGISLATIVE BRANCH                                                                 EXECUTIVE BRANCH

El Salvador   • General Environmental Law (Ley de medio                                          • National Environmental Strategy (Estrategia
                ambiente)                                                                            nacional de medio ambiente)
              • Forestry Law (Ley forestal)                                                      • National Energy Policy (Política nacional de energía)
              • Land Use Planning and Development Law                                            • National Climate Change Strategy (Estrategia
                (Marco jurídico para el uso del suelo y                                              nacional de cambio climático)
                ordenamiento territorial urbanístico)

Grenada       • Land Development Control Act                                                     • National Climate Change Policy
              • Forestry Soil and Water Conservation Act                                         • Low Carbon Development Strategy
                                                                                                 • National Energy Policy
                                                                                                 • Protected Area System Plan

Guatemala     • Framework Law to regulate vulnerability                                          • Energy Policy (Política de energía) that aims to
                reduction, adaptation to climate change and                                          source 80% of the country’s electricity from
                mitigation of GHG emissions                                                          renewables by 2030
              • Forestry Law (Ley forestal)
              • Law that provides incentives for renewables

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LEGISLATIVE BRANCH                                                                       EXECUTIVE BRANCH

     Guyana                              • Environmental Protection Act                                                            • Climate Change Adaptation Policy
                                         • Energy Act                                                                              • Low Carbon Development Strategy
                                         • Protected Areas Act                                                                     • Leading role internationally in projects to avoid
                                                                                                                                       deforestation

     Haiti                               • Constitutional provisions regarding the                                                 • Presidential Decree on Environmental Management
                                             environment and ecological balance                                                    • Strategic Development Plan
                                                                                                                                   • National Adaptation Plan

     Honduras                            • National legal framework that regulates the                                             • National Climate Change Strategy (Estrategia
                                             environment and energy, and has an important                                              nacional de cambio climático)
                                             influence in addressing climate change                                                • Leading regional role in tackling the issue of bark
                                                                                                                                       beetles affecting forests

     Jamaica                             • Clean Air Act                                                                           • Vision 2030 National Development Plan, with focus
                                         • Watershed Protection Act                                                                    on greater energy conservation

                                         • Water Resources Authority Act                                                           • Sector Plan for Natural Resources and
                                                                                                                                       Environmental Management and Climate Change
                                         • Environmental Management Act

28     C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
LEGISLATIVE BRANCH                                                                 EXECUTIVE BRANCH

Jamaica       • Land Authority Act                                                               • National Policy for the Trading of Carbon Credits
(continued)   • Land Development and Utilization Act                                                 within its National Energy Policy

              • Natural Resources Conservation Authority Act
              • Disaster Management Act
              • National Heritage Trust Act
              • Endangered Species Act

Mexico        • General Law on Climate Change (Ley general de                                    • National Climate Change Plan (Plan nacional de
                cambio climático)                                                                    adaptación al cambio climático)
              • General Ecological Equilibrium and                                               • Inter-Ministerial Committee
                Environmental Protection Law (Ley general                                        • National Program on Air Quality (Programa
                de equilibrio ecológico y de protección del medio                                    nacional centrado en la calidad del aire)
                ambiente)
                                                                                                 • GHG emissions registry (Registro de emisiones de GEI)
              • Law that limits vehicular emissions
                                                                                                 • Climate Change Fund (Fondo para el cambio
                                                                                                     climático) to promote low carbon green growth

Nicaragua     • Amendments of the General Environmental                                          • National Environmental and Climate Change
                and Natural Resources Law (Ley general de                                            Strategy (Estrategia nacional ambiental y de cambio
                medio ambiente y recursos naturales) to include                                      climático)
                climate change protection

                            C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S   29
LEGISLATIVE BRANCH                                                                                EXECUTIVE BRANCH

     Panama                        • National Environmental Law (Ley general del                                                      • National Climate Change Strategy (Estrategia
                                       ambiente) and legal and regulatory framework                                                      nacional de cambio climático)
                                   • Water Law (Ley de uso de las aguas)                                                              • Developing a conceptual framework for a carbon
                                                                                                                                         market

     Paraguay                      • Legal framework on environmental                                                                 • Working on a GHG emissions inventory
                                       management                                                                                     • National Climate Change Commission (Comisión
                                   • General Law on Climate Change (Ley general de                                                       nacional de cambio climático), formed by different
                                       cambio climático) (on debate)                                                                     ministries, government agencies and
                                                                                                                                         representatives of academia

     Peru                          • General Environmental Law (Ley de medio ambiente)                                                • National Climate Change Strategy (Estrategia
                                   • Environmental Management System Law (Ley                                                             nacional de cambio climático)
                                       marco del sistema de gestión ambiental)
                                   • Law on Payment for Ecosystem Services (Ley de
                                       mecanismos de retribución por servicios ecosistémicos)
                                   • Forest and Wild Fauna Law (Ley forestal y de
                                       fauna silvestre)
                                   • Protected Areas Law (Ley de áreas naturales
                                       protegidas)
                                   • Water Resources Law (Ley de recursos hídricos)
                                   • Framework Law on Climate Change (Ley marco para
                                       enfrentar los efectos del cambio climático) (in progress)

30     C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
LEGISLATIVE BRANCH                                                               EXECUTIVE BRANCH

St. Kitts and     • National Conservation and Environmental                                        • National Environmental Management Strategy
Nevis               Protection Act                                                                 • National Energy Policy
                  • Fisheries Act
                  • Development Control and Planning Act

St. Lucia         • Forest, Soil and Water Conservation Act                                        • National Climate Change Adaptation Policy
                  • Saint Lucia National Trust Act
                  • Wildlife Protection Act
                  • Fisheries Act
                  • Land Conservation and Improvement Act
                  • National Conservation Authority Act
                  • Physical Planning and Development Act

St. Vincent and   • Forest Resource Conservation Act                                               • National Economic and Social Development Plan
the Grenadines    • Beach Protection Act                                                           • National Environmental Management Strategy
                  • Fisheries Act                                                                  • National Energy Action Plan
                  • Waste Management Act

Suriname          • Nature Conservation Act                                                        • Climate Compatible Development Agency

                              C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S   31
LEGISLATIVE BRANCH                                                                       EXECUTIVE BRANCH

     The Bahamas                         • Conservation and Protection of the Physical                                             • National Policy on Adaptation to Climate Change
                                             Landscape Act

     Trinidad and                        • Vehicle Emissions Act                                                                   • National Climate Change Policy
     Tobago                              • Air and Noise Pollution Management Act                                                  • Green Fund
                                         • Water Pollution Management Act
                                         • Environmental Management Act
                                         • Disasters Measures Act
                                         • Forests Act

     United States                       • Global Climate Change Prevention Act, which                                             • Clean Power Plan to reduce carbon pollution
                                             establishes mitigation actions within the                                                 (under litigation)
                                             agriculture, forestry and trade sectors                                               • Climate action plans, GHG emission performance
                                                                                                                                       standards for vehicles, and commissions to develop
                                                                                                                                       policy recommendations on climate change in
                                                                                                                                       several states
                                                                                                                                   • Cap-and-trade program in California

32     C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
LEGISLATIVE BRANCH                                                                   EXECUTIVE BRANCH

Uruguay     • General Environmental Law (Ley de medio                                            • Leading role in negotiations for multilateral
              ambiente)                                                                              environmental agreements and support to the
                                                                                                     Montevideo Program on Environmental Law
                                                                                                     (Programa de Montevideo para el desarrollo y la
                                                                                                     revisión periódica del derecho ambiental)
                                                                                                 • National Climate Change Strategy (Plan nacional
                                                                                                     de respuesta al cambio climático)

Venezuela   • Organic Environmental Law (Ley orgánica del                                        • Economic and Social Development Plan (Plan
              ambiente)                                                                              nacional de desarrollo económico y social)
            • Law of Socio-Natural and Technological Risks                                       • Strategies for climate change mitigation and
              (Ley de gestión integral de riesgos socionaturales y                                   adaptation
              tecnológicos), with a committee responsible for
              the National Adaptation to Climate Change Plan
              (Plan nacional de adaptación al cambio climático)

                          C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S   33
1.   This information on legislation is updated to November 2016.                                                   19. 2002. Decreto Legislativo No. 852 Diario Oficial 110. Tomo 355.

2.   Laws of Antigua and Barbuda, Chapter 178: The Forestry Act. June 17, 1941. http://www.laws.                    20. 2011 Decreto Legislativo No. 644.Diario Oficial 143. Tomo 392.
     gov.ag/acts/chapters/cap-178.pdf.
                                                                                                                    21. Ley de Medio Ambiente, Decreto No. 233, Diario Oficial de la República de El Salvador,
3.   Laws of Antigua and Barbuda, Chapter 46: The Beach Protection Act. June 18, 1957. http://                           América Central Tomo No. 339, Número 79, San Salvador, Lunes 4 de Mayo de 1998. In
     www.laws.gov.ag/acts/chapters/cap-46.pdf.                                                                           Ministerio de Medio Ambiente y Recursos Naturales de El Salvador. Ley de Medio Ambiente
                                                                                                                         con Reformas Hasta el Año 2012. 2012. http://www.marn.gob.sv/descarga/ley-del-medio-
4.   Laws of Antigua and Barbuda, Chapter 329: The Plan Protection Act. August 11, 1941. http://
                                                                                                                         ambiente-2/?wpdmdl=14734&ind=0EOg3WiNha0_2uTYSi85wVbKO-ghrxVet_ktMf5Rnc-
     www.laws.gov.ag/acts/chapters/cap-329.pdf.
                                                                                                                         G6Cx8SCp1l4Vix7uXe3pt (in Spanish).
5.   Laws of Antigua and Barbuda, The Fisheries Act. November 17, 2006. http://laws.gov.ag/
                                                                                                                    22. Act, No. 34 of 1984.
     acts/2006/a2006-22.pdf.
                                                                                                                    23. Ley Marco para Regular la Reducción de la Vulnerabilidad, la Adaptación Obligatoria ante los
6.   Laws of Antigua and Barbuda, Environmental Protection and Management Act. September
                                                                                                                         Efectos del Cambio Climático y la Mitigación de Gases de Efecto Invernadero, Decree no. 7-2013.
     24, 2015. http://laws.gov.ag/acts/2015/a2015-11.pdf.
                                                                                                                    24. Ley Forestal, Decree No. 101-96.
7.   United Nations and Economic Commission for Latin America and the Caribbean, “Review
     of the Economics of Climate Change (RECC) in the Caribbean Project: Phase I Climate                            25. Le Moniteur, Décret Portant Sur la Gestion de l’Environnement et de Régulation de la Conduite
     Change Profiles in Select Caribbean Countries.” February 3, 2010. http://repositorio.cepal.                         des Citoyens. January 26, 2006. http://extwprlegs1.fao.org/docs/pdf/hai65901.pdf (in French).
     org/handle/11362/38289?locale-attribute=en.
                                                                                                                    26. Ministry of Justice of Jamaica, Laws. 2017. http://moj.gov.jm/laws.
8.   Government of Belize, Environmental Protection Act. April 20, 2009. http://www.doe.gov.
                                                                                                                    27. Cambio Climatico y Adaptabilidad en Nicaragua, Resolution A. N. No. 003-2009. June 17,
     bz/index.php/services/send/19-belize-environmental-laws-regulations/115-environmental-
                                                                                                                         2009.
     protection-amendment-act-2009.
                                                                                                                    28. Ley General del Medio Ambiente y los Recursos Naturales, No. 217.
9.   Asamblea Legislativa Plurinacional de Bolivia. Ley Marco de la Madre Tierra y Desarrollo
     Integral para Vivir Bien. n.d.                                                                                 29. Sociedad Peruana de Derecho Ambiental, Compendio Legislativo sobre Cambio Climático en el
                                                                                                                         Perú. SPDA. November 26, 2014. http://www.spda.org.pe/?wpfb_dl=418 (in Spanish).
10. Article 32 of this Law is focused exclusively on climate change.
                                                                                                                    30. Island Planning Services, Third International Conference on Small Island Developing States
11. Canadian Environmental Protection Act, 1999 S.C. 1999, c. 33.
                                                                                                                         (SIDS): St. Kitts and Nevis, 2014. http://www.sids2014.org/content/documents/245SKN%20
12. Canadian Environmental Assessment Act, 2012S.C. 2012, c. 19, s. 52.                                                  Final%20Draft%20National%20Report.pdf.

13. Canada Water Act. R.S.C., 1985, c. C-11.                                                                        31. Island Planning Services, United Nations Conference on Sustainable Development (Rio+20)
                                                                                                                         National Preparatory Process: St. Kitts and Nevis. Stocktaking Report, 2012.
14. Canada Energy Efficiency Act S.C. 1992, c. 36.
                                                                                                                    32. Act, No. 47 of 1992.
15. Law 2811 of 1994.
                                                                                                                    33. Act, No. 10 of 1981.
16. Law 697 of 2001.
                                                                                                                    34. Act, No. 8 of 1986 Amended by No. 32 of 1986 and No. 25 of 1989.
17. Government of Dominica, Low-Carbon Climate-Resilient Development Strategy 2012-2020,
     2012. https://unfccc.int/files/cooperation_support/nama/application/pdf/dominica_low_                          35. Act, No. 31 of 2000.
     carbon_climate_resilient_strategy__%28finale%29.pdf.
                                                                                                                    36. Government of Suriname, “Legislation Suriname.” Lexadin. August 20, 1996. https://www.
18. Texto Unificado de la Legislación Ambiental Secundaria Decreto Presidencial No. 3516, 31                             lexadin.nl/wlg/legis/nofr/oeur/lxwesur.htm.
     de marzo de 2003, Edición Especial No. 2 del Registro Oficial.

34        C L I M AT E C H A N G E: A CO M PA R AT I V E OV E R V I E W O F L EG I S L AT I V E A N D E X EC U T I V E R E S P O N S E S I N T H E A M E R I C A S
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