The Joint Implementation mechanism, one of the Kyoto mechanisms, actually provides for the Annex I country

“Our people have a right to economic and social development and to discard the ignominy of widespread poverty. For this we need rapid economic growth. But I also believe that ecologically sustainable development need not be in contradiction to achieving our growth objectives.”The Road To Copenhagen: India’s Position on Climate Change Issues’. This statement clearly depicts the dilemma India is facing as a developing country wanting to scale up the economic growth as an answer to poverty but also having to reconcile with the challenging issue of climate change caused by green house gas emissions. This is not a phenomenon limited to India only, as climate change cannot be no more considered to be a just an environmental issue but need to be perceived as one of the greatest challenge to developmental and governance aspects. The United Nations Framework Convention on Climate Change (hereinafter referred to as “UNFCCC”), defines climate change as:“a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods”.

India is the fifth largest emitter in the world but at the same time India’s per capita emission is just one ton per person, which is way below the world average emission per capita emission of four ton per person. The preceding sentence is a double sided coin, which could be actually used for or against India, but objectively looking at the statistics clearly shows us that the India’s green house gas emissions have increased by around fifty eight percent between 1994-2007. Hence it is important for India to pro-actively take action so as to curb the green house gas emissions and not create additional emission. The pressure for concrete action to curb green house gas emission is mounting upon India, with India being recognised as important player at the international climate change negotiations and the developed countries looking towards emerging economies such as India to take higher pollution caps. 

In this context this paper look at 1) India’s obligation under the international climate change law and policy regime, 2) the present climate change legal framework in India and 3) improving India’s climate change legal and policy framework.

2: India and International Climate Change Legal Regime

This part looks into India’s obligation under UNFCCC, Kyoto Protocol and the analysis of the recent changes at Copenhagen and Cancun Conference of the Parties.

2.1 Overview of UNFCC

Due to the lack of institutional mechanism for environmental governance at the global level, it was United Nations who had to play the initiator role for the purpose of developing an international convention relating to climate change. UNFCCC is a significant outcome of the United Nations Conference on Environment and Development, Rio de Janeiro in June 1992 and the UNFCCC came into force on 21 March 1994 and today have around 192 parties. The UNFCCC tries to achieve the objective of stabilising the emission of greenhouse gases “‘at a level that would prevent dangerous anthropogenic interference with the climate system”. Emphasis is laid upon the sustenance of the ecosystem and enabling economic development in sustainable manner. Article 3, UNFCCC, highlights the principles of inter generational equity, intra generational equity, precautionary principle and also introduces the concept of common but differentiated responsibilities. Common but differentiated responsibilities is based on the concept of that most of the historical and present greenhouse gas emission is taking place due to the developed countries and even now the emission originating from the developing countries are less as compared to the developed countries but the emission from the developing countries will be increasing in their quest for social as well as developing needs and thus contributing towards the global emissions.

2.2 Overview of Kyoto Protocol

The Kyoto Protocol which was enter into force on 16^th February,2005, helped in stipulating binding emission targets against the 1990 level for the Annex I countries and firm targets to be met. Kyoto Protocol is based on the Berlin Mandate, by which it was decided at the first Conference of Parties (COP) that ‘appropriate action’ for would be initiated for the period after 2000 by the acceptance of a protocol or another legal instrument at its third session. The detailed commitments of Annex I parties are set out in Annex B to the Protocol, according to which during the five years of the commitment period from 2008 to 2012, those parties will have reduced their emissions by an average of 5.2% from 1990 levels. An important development brought about by the Kyoto Protocol is market-based mechanism into the international climate change law, which is referred to as flexibility mechanism or Kyoto mechanism. The Kyoto Protocol also divides the countries into Group 1, Group 2 and Group 3 countries representing, developed countries, countries with transition economies and developing countries respectively. Group 1 and Group 2 countries have obligations to adjust the green house gas emissions to a percentage of 1990 levels, while there is no obligation for reduction of emissions upon the developing countries.

The Joint Implementation mechanism, one of the Kyoto mechanisms, actually provides for the Annex I country to transfer to, or acquire from, another Annex I country, reductions of the green house gas emissions, know as Emission Reduction Units, achieved by project activities. The Emission Reduction Units may be made by any projects that reduce anthropogenic emissions of the greenhouse gases or which enhance the anthropogenic removal of such gases. The Clean Development Mechanism allows the Annex I countries to finance emission reductions in developing countries which are not in the Annex I and do not have commitments under the Protocol to meet green house gas emission reduction targets and as a quid pro quo the developed countries obtain credits, called Certified Emission Reductions, which is used as set-off against their emission obligations. Though Clean Development Mechanism is much lauded as tool for co-operation which helps the developing country to reduce emission, if looked from an objective lens, the Clean Development Mechanism reminds of toxic imperialism, as the developed countries could offset their emission obligation by funding the clean development projects in developing countries and thus in fact emit more.