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(i)

A STUDY ON GLOBAL WARMING: THE APPLICATION OF THE KYOTO PROTOCOL IN MALAYSIA

BY:

NORINA BINTI MALUDIN (2005479331)

NUR MELATI DIANA BINTI ABD WAHAB (2005479356)

Submitted in partial fulfillment of the requirements for the degree of Bachelor in Legal Studies (Hons.)

UNIVERSITITEKNOLOGI MARA FACULTY OF LAW

OCTOBER 2007

The students/authors hereby confirm that the work submitted is their own and that appropriate credit has been given where references has been made to the work of others.

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ACKNOWLEDGEMENTS

First and foremost, we wish to thank Almighty Allah, because of His blessings, we had granted with good health and were able to finish this challenging assignment. Not to forget we would also like to express our highest gratitude to our supervisor of this research, Mr. Irmohizam Bin Ibrahim who had helped us from the beginning to the completion of this task. We are appreciatively blessed by his presence and tolerance.

Not to forget, a high appreciation goes to Madam Norha Bt Abu Hanifah and Puan Azlena Bt Khalid as they have kindly assisting us regarding to this topic.

Our greatest thank and love goes to our parents- an Emeritus Professor in the 'University of Life'. These noble people in our lives always gave us moral and monetary support to us. Our sincere appreciation thanks goes to them.

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ABSTRACT

This research was conducted to determine to what extent the application of the Kyoto Protocol in Malaysia together with the latest issues pertaining to the global warming. This topic was preferred because it had never been brought up for a detailed discussion. Therefore, this topic needs more discussion and enlightenment for future benefits.

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TABLE OF CONTENTS

Acknowledgment ii

Abstract iii List of Cases iv List of Statutes v

CHAPTER 1: INTRODUCTION

1.1 Introduction 1 1.2 Background of the Research 3

1.3 Problem Statement 4 1.4 Literature Review 5 1.5 Objectives of the Study 8 1.6 Significance of the Study 8

1.7 Limitation 9 1.8 Methodology 9 1.9 Definition of Terms 10 1.10 Provisional Plan of Research 10

CHAPTER 2: GLOBAL WARMING IN THE INTERNATIONAL CLIMATE REGIME-OVERVIEW

2.1 Introduction 12 2.1.1 History of Global Warming 12

2.1.2 Definition of Global Warming, Climate Change and the Greenhouse

Effect 13 2.1.3 Sources of Global Warming 14

2.2 Legal Framework 15 2.2.1 The United Nation Framework Convention on Climate Change 15

2.2.1.1 The Conference of the Parties 15 2.2.1.2 Rules, Functions and Objective of UNFCCC 17

2.2 .2 The Kyoto Protocol 19 2.2.2.1 Kyoto's Obligations and Commitment 19

2.2.2.2 Main Provisions and the Kyoto Mechanisms 21 2.2.3 Problems to the Implementation of the Kyoto Protocol 22

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2.2.3.1 State's Responsibility Not to Cause Damage to the

Environment of Other State 22

2.2.3.2 Customary Rules 23 2.2.3.3 Issues With Regards to the Kyoto Protocol in Malaysia 25

2.2.4 The application of the UNFCCC and the Kyoto Protocol in Malaysia 27

2.3 Conclusion 31

CHAPTER 3: A NEED FOR AN INTERNATIONAL TREATY

3.1 Introduction 33 3.2 Global Warming in International Law 33

3.2.1 Ranging Implications of Global Warming-The Problem 33 3.2.2 Legal Attempts to Combat Emissions of Greenhouse Gases 36

3.3 Malaysia's Response to Global Warming 37

3.3.1 Background 37 3.3.2 An Overview of Problems Related to Global Warming in

Malaysia 38 3.3.2.1 Floods 38 3.3.2.2 Hotter Temperature/Drought 38

3.3.2.3 Rising of Sea Levels 40 3.3.2.4 Lack of Awareness 40 3.3.3 Adaptation Activities and Funding Under the Kyoto Protocol 43

CHAPTER 4: ANALYSIS AND RESULTS 45

4.1 Questionnaire and finding 45 4.1.1 Personal Information 45 4.1.2 Knowledge Regarding Global Warming 47

4.1.3 Knowledge Regarding the Kyoto Protocol 51

CHAPTER 5: CONCLUSION AND RECCOMENDATIONS 56

5.1 Conclusion 56 5.2 Recommendations 5 7

5.2.1 Educational Approach 57

Referensi

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