climate change law
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Unit 7
Climate Change Damage in
International Climate
Regime
Objectives
After completion of this unit, the students will be aware of the
following topics:
UN Framework Convention
Kyoto Protocol
Adaptation and Funding Activities under FCCC and Kyoto Protocol
Introduction
The body of law of nations is constituted of customary
international law and treaty law Rather independent of
growths in the customary law on state obligation, practicalproblems of highly hazardous substances and products
threatening transboundary harm, like threats to the global
commons by overuse has prompted States to adopt a
multitude of two sided and multilateral pacts, These deal
primarily with the prevention of harm but also with the
problem of post-damage regulation, i.e. restoration,
compensation etc. though the adoption of the United Nations
Framework Convention on Climate Change in 1992, the issue
of global climate change has been dealt with through the
climate regime, i.e. the provisions of the Kyoto Protocol and
FCCC (KP) of 1997, and the wealth of Party decisions and
execution actions happening within the framework of those
agreements.
This Unit depicts both the Kyoto Protocol and FCCC with a
special concentration on how these handle the problem of
climate change harm, that is. both, direct and indirect
damage prevention (adaptation and mitigation) and the
problem of reward of any residual harm. To some extent this
position requires a general analysis of the pacts and their
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execution process practice, but an attempt is made to take
the position of those States that are or potentially will be
injured by the effects of' climate change.
7.1 UN Framework Convention
Negotiation History
The FCCC is 1 of the supposed Rio agreements, highly-
developed and followed in conjunction with the United
Nations Conference on Environment and Development
(UNCED) in 1992. It was followed on ninth May 1992 by the
Intergovernmental Negotiation Committee (INC), ratified at
UNCED by 155 States and has since been signed by 189States. The FCCC entered into force after the fiftieth
ratification on 21 March 1994. The INC was appointed by the
UN General Assembly (UNGA) in December 1990 executing
the Assembly's earlier call for preparations of negotiations for
a framework convention on climate change under the
auspices of the UN.'
The landmark Conference on Human Environment in
Stockholm in 1972 was the 1st international effort to focus on
the human impact on environment and the requirement toprotect it. But it took 20 yrs for the international community
to concretize actions in the form of a Convention on Climate
Change at the United Nations Conference on Environment
and Development (UNCED) held in June 1992 in Rio de
Janeiro, popularly termed as the Rio Earth Summit.
At the Rio Earth Summit, delegates from over 154 nation
signed a multilateral environmental treaty that provides a
Framework Convention on Climate Change. The United
Nation Framework Convention on Climate Change (UNFCCC)
came into force on March 21, 1994. Supported by the 1st
Scientific Assessment of the Intergovernmental Panel on
Climate Change (IPCC 1990), the UNFCCC set the objective of
the Convention to stabilize GHG concentrations in the
atmosphere at levels that would prevent dangerous
anthropogenic interference with the climate system. Such a
level was to be attained within a time frame sufficient to
allow the ecosystem to adapt naturally to climate change and
to foster that food production is not threatened and economic
growth moves in a sustainable way.
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Objectives of the UNFCCC
To achieve stabilization of green house gasesconcentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the
climate system
Such a level should be attained within a time-frame to:
foster food production is not threatened, and
alter economic growth to move in a sustainable way
Basic Principle Agreed Upon in UNFCCC
Protecting the climate system
for the benefit of present and future generations of
human kind
on the basis of equity, and
in accordance with their common but
differentiated responsibilities and respective
capabilities.
Developed nation Parties agreed to take the lead in
combating climate change and negative impacts thereof
All Parties (developed and under developed) to the
Convention also undertook commitments taking into
account their common but differentiated
responsibilities and their specific national and
regional growth objectives and circumstances, to
periodically update, publish and make available
national inventories of anthropogenic emissions by
sources and the removal by sinks of all GHG not
controlled by the Montreal Protocol, using
comparable methodologies, etc. The industrialized
(Annex 1) nation parties, in addition, targeted to
bring down their GHG emissions to their 1990 levels
by the yr 2000.
According to Article 2 FCCC, the "final objective" of the
Convention and its related legal instruments is
"to achieve, in accordance with the relevant provisions of the
Convention, stabilization of greenhouse gas concentrations in
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the atmosphere at a level that would prevent dangerous
anthropogenic interference with the climate system. Such a
level should be achieved within a timeframe sufficient to
allow ecosystems to adapt naturally to climate change, to
ensure that food production is not threatened and to enable
economic growth to move in a sustainable way.
As per the Convention (Article 7.3), the 1st Conference of
the Parties (COP1) was convened by the Climate Change
Secretariat during 28 March7 April 1995 in Berlin. By
the time the COP1 met, it had become very clear that
most of the developed nation had not initiated provisions
to achieve their current target of returning GHGemissions to 1990 levels by the year 2000. In fact, a
number of highly industrialized nations had increased
their GHG emissions by 10-15 per cent from 1990 levels.
The Global NGO Meet in Berlin in March 1995 very
competently determined that Rio is not enough and
called for higher commitments by the developed nation.
The Convention had been silent on provisions and actions
for stabilization of concentrations of GHG beyond 2000.
The problem of emission cuts beyond 2000 by thedeveloped nation during the COP1 became the main
problem. Besides, national communications from the
Annex I nation, describing their efforts to execute the
Convention, institutional arrangements and standards of
procedure, the most important agenda for the COP1 in
Berlin was the Adequacy of Commitment of the Annex-I
nation Parties, and their additional commitments. This
was reflected in the Berlin Mandate.
An Adhoc Group on the Berlin Mandate (AGBM) was set
up by COP1 to begin a process to alter it to take
appropriate action for the period beyond 2000 through
adoption of a protocol or another legal instrument,
including strengthening the commitments of Annex I
Parties in Article 4.2 (a) and (b) and continuing to
advance the execution of the existing Article 4.1 of the
Convention. The AGBM met eight times during the course
of 2 and half yrs. Many problems remained unresolved,
particularly the problem of strengthening the
commitments of Annex I nations, and quantified emissionlimitation and diminution objectives (QELROs), for
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decisions to be taken in the COP3 in Kyoto, Japan, during
1-10 December 1997. Under-developed nations had no
commitment under the Berlin Mandate.
7.2 Kyoto Protocol
The Kyoto Protocol is an international and legally binding
agreement to decrease GHG emissions worldwide. It
came into force on 16th February 2005. The major feature of
the Kyoto Protocol is that it sets binding targets
for industrialized nation for reducing GHG (GHG) emissions.
The green house gases include carbon dioxide, methane,
nitrous oxide, sulphur hexafluoride, hydrofluorocarbons andperfluorocarbons. As of 2008, 183 parties have ratified
the protocol, which includes India.
Recognizing that developed nation are principally responsible
for the current high levels of green house gases
emissions in the atmosphere as a result of more than 150
yrs of industrial activity, the Protocol places a heavier burden
on developed nations under the principle of common but
differentiated responsibilities. Under the protocol, the
developed nations are needed to decrease
emissions of green house gases by an average of 5.2 per
cent below 1990 levels by 2012.
Overview of the Kyoto Protocol
Under the Kyoto Protocol, industrialized nations agreed to cut
their GHG emissions to a certain % below 1990 levels. The yr
1990 was chosen as a baseline because that was the yr when
the UN 1st launched negotiations on climate change. These
total cuts in emissions would have to be accomplished by the
target period of 2008-2012.
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Source: http://climatechange.sea.ca/kyoto_protocol.html
The Kyoto Protocol enforces to industrialized nations only.
Under developed nation, including India and China were not
needed to commit to diminutions because their per-capita
GHG emissions are much lower than those of developed
nations. This decision also took into account the fact that thepoorer economies of the under developed nation would be
unable to absorb the costs of switching from a fossil fuel
based system to cleaner fuels. The plan is that poorer nations
will be brought more actively into future climate change
agreements as cleaner technologies develop and become
less expensive.
Diminution Targets and Ratification Status
Eighty-four nations, including the U.S, the European Union,
Japan, Russia, and Canada, signed the Protocol. Thesesignatures indicate a desire to participate in the program and
work towards the agreed diminutions.
The European Union agreed to cut its emissions by 8percent
below 1990 levels, Japan by 7percent, the U.S by 7percent,
and Canada by 6percent. Russia agreed to stay at 1990
levels, which still represents an essential diminution. The
targets differentiate because some nations will find it easier
to make cuts than others.
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None of these targets are meaningful until a nation signs the
Kyoto Protocol and agrees to put the appropriate provisions
in place to achieve the diminution. In order for the Kyoto
Protocol itself to come into effect, 55 nations, together
producing at least 55percent of the world's 1990 carbon
dioxide emissions, must ratify the Protocol. This is termed as
the 55/55 target.
The Kyoto Protocol suffered a major setback in March, 2001,
when the U.S, which produces 36.1percent of the carbon
dioxide emissions of the Protocol's Annex I nations, decided
not to ratify the Protocol. This meant that in order for the
Protocol to come into effect, it became absolutely significantfor nations like Russia, which produces 17.4percent of
emissions, to ratify in order for the 55percent target to be
attained.
Geopolitics of the Protocol
The European Union and Japan, which are the 2 large players
that firmly support the Protocol and have ratified it, have
been working frantically to keep support for the Kyoto
Protocol in place. Both are relatively small, densely
populated, developed nations that do not have access totheir own low-cost sources of fossil fuel or hydro power.
Setting aside environmental considerations, they see
economic advantages for themselves if the Protocol were put
into effect.
The most reluctant supporters of the treaty are the large,
sparsely populated, developed nations like the U.S, Australia,
Russia, and Canada. All of these nations have relatively
cheap energy supplies and, in the short run, their economies
and businesses would likely be at a disadvantage if theProtocol were executed without added incentives.
Points of Controversy
The Kyoto Protocol was initiated in 1997, but it has still not
been put into effect since the 55/55 target has not yet been
attained. There has been a general reluctance to accept the
agreement since controversy surrounds a number of
problems. The UNFCCC has held annual conferences to
discuss and address these problems and the people concerns
of some nations, but little progress has been done. This has
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lead some to state that the Kyoto Protocol is fundamentally
flawed, but before passing this judgement, the points of
controversy should be examined individually
Penalties for Non-Compliance / Withdraw
At present, no penalties exist for a nation that signs the
Protocol and fails to meet its diminution targets. Possibilities
under consideration include financial penalties, trade
sanctions, and emissions penalties under future climate
change agreements. The details for such penalties have not
been established and negotiations have been very slow and
difficult.
moreover, any nation can withdraw from the treaty after
signing it by simply giving 1 year's notice. This part of the
treaty, coupled with the lack of penalties for non-compliance,
has come under harsh criticism from the scientific
community: as it stands, the Kyoto Protocol is completely
unbinding and seems to embody something that does not
require to be taken seriously since there are no
consequences for non-compliance.
What constitutes an "emissionsdiminution?"Thus all nations that ratified the Kyoto Protocol agreed to
GHG "diminutions," they did not agree on what exactly is to
be counted as "diminutions."
Some nations, particularly Canada and Russia with their large
forests, argued that they should receive credits towards their
diminution targets for these "carbon sinks" that absorb green
house gases out of the atmosphere from across the globe.
Other nations argued that integrating the planting of forests
as a part of regular industrial projects should count in thesame sort of way.
Uncertainly, no real method exists for quantifying the actual
benefits of either proposal, and while some allowances have
been done, all of the parties involved claim that they have
not yet been credited enough.
The Kyoto Mechanisms
Under the Kyoto Protocol, there are three Mechanisms that
allow nations and companies to buy, generate, or trade
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"emissions credits." These credits then count towards the
nation's diminution target.
The Mechanisms are termed as International Emissions
Trading - buying credits from other industrialized nations who
have exceeded their diminution targets, Joint Execution -
investing in emissions diminution projects in other
industrialized nations, and Clean Development - investing in
clean energy and other emission diminution projects in under
developed nations. The logic behind all of the Mechanisms is
that the planet as a whole does not care where the
diminutions in emissions are attained, simply that they are
attained somewhere. As such, by investing in adiminutionproject on the other side of the globe, a nation is
still contributing to its own diminution quota.
The controversy concerning the Mechanisms surrounds the
fact that the methods for their actual use have yet to be
finalized. If executed, a new global market would emerge
surrounding energy credits, and they would be traded much
in the same way as other commodities like oil or coffee.
Prices would fluctuate with supply and demand, and there
would certainly be ample opportunities for profits and losses.No method acting for influencing this market have been
finalized, and some debate that it detracts the Kyoto Protocol
away from its true goal. By creating a global marketplace out
of emissions trading, the treaty would fundamentally
transform the act of reducing emissions into a game of
economics from its true meaning of achieving goals that will
improve the quality of life on the planet.
Under the Treaty, nations must meet their targets primarily
through national provisions. Although,the Kyoto Protocol offers them an additional
means of meeting their targets by way of three market-based
mechanisms.They are
Clean development mechanism (CDM)
Emissions trading termed as the carbon market"
Joint execution (JI).
Emissions trading - Carbon trading
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Nations with commitments under the Kyoto Protocol have
accepted targets for limiting or reducing emissions. These
targets are expressed as levels ofallowed emissions, or
assigned amounts. The allowed emissions are dividedinto
assigned amount units (AAUs).
The Kyoto Protocol allows nations that have emission units to
spare (emissions permitted to them but not "used") to sell
this excess capacity to nations that are over their targets.
Although, a new commodity was initiated in the
form of emission diminutions or removals. Since carbon
dioxide is the principal GHG, it was termed carbon trading.
Carbon is now tracked and traded like any other commodity.
This is often termed the carbon market.
Other trading units in the carbon market
The other units which may be transferred under the scheme,
each equal to 1 tonne of CO2, may be in the form of:
A removal unit (RMU) on the basis of land use, land-
use change and forestry (LULUCF) activities like
reforestation
An emission diminution unit (ERU) generated by ajoint implementation project
A certified emission diminution (CER) generated from
a clean development mechanism project activity
Clean Development Mechanism
The Clean Development Mechanism (CDM), defined in Article
12 ofthe Protocol, allows a nation with an emission-diminution
or emission-limitation commitment under the Kyoto Protocol to
execut an emission-diminution project in under developed
nations. Such projects can earn saleable certified emission
diminution (CER) credits, each equivalent to 1 tonne ofCO2,
which can be counted towards meeting Kyoto targets.
A clean development mechanism project activity
might involve, for instance, a rural electrification project using
solar panels or the installation ofmore energy-efficient
boilers. The mechanism stimulates sustainable growth and
emission diminutions, while giving industrialized nations
some flexibility in how they meet their emission diminution or
limitation targets.
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A clean development mechanism project must provide
emission diminutions that are additional to what would
otherwise have happened. The projects must qualify through
a rigorous and public registration and issuance process.
Approval is given by the Designated National Authorities.
Public funding for clean development mechanism project
activities must not result in the diversion of official growth
assistance.
Joint implementation
The mechanism termed as joint implementation,
defined in Article 6 of theKyoto Protocol, allows a nation with
an emission diminution or limitation commitment under
the Kyoto Protocol to earn emission diminution units (ERUs)
from an emission-diminution or emission removal
project in another nation, each equivalent to 1 tonne of CO2,
which can be counted towards meeting its Kyoto target
Shortcomings of the Protocol
In addition to having controversial flaws that impede the
implementation of the Protocol, there are a number of
fundamental shortcomings with the ideas behind the treaty
that question its benefit as a whole.
Exclusion of Under developed Nations
While many argue that it would not be viable to require under
developed nations to meet diminution targets under the
Kyoto Protocol, their exclusion raises serious questions about
the overall effectiveness of the agreement.
Many under developed nations make use of older, dirtier
technologies or simply lack the infrastructure and policies to
develop environmentally-friendly alternatives. As such, bynot including such nations, they will continue to rely on these
older technologies as their economies and populations grow.
Their emissions will continue to grow without being limited by
the Kyoto Protocol, so any gains done by the nations under
the Protocol could be easily offset by the growth of emissions
in the under developed world.
This shortcoming is best shown by the fact that China and
India, which together represent 1 3rd of the world's
population and are growing rapidly in terms of industrial
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capacity, are left completely unchecked in terms of GHG
emissions.
If the Kyoto Protocol is to achieve its goal of reducing global
emissions, it will have to be changed to include all nations of
the world, each contributing accordingly.
Costs and Economic Implications
A global diminution in GHG emissions provided by the Kyoto
Protocol might be good in the future, but a comparison of its
straightaway benefits to its costs is hardly favourable.
The costs of executing the treaty, when looked at in terms of
direct costs, loss of jobs, and long-term economic
implications, are of such a magnitude that many experts
think there are far more important straightaway global
priorities to be considered. While no bounded estimate of
how much the Kyoto Protocol would cost has been prepared,
projects like providing clean water to the world's population,
which would save millions of lives yearly, could be realized
for a fraction of the cost and have far more immediate
benefits.
Result: Too Little, Too Late.
The ultimate, and perhaps most significant, criticism of the
Kyoto Protocol is that it simply represents too little, too late.
When it initially presented its findings to the United Nations
in 1990, the Intergovernmental Panel on Climate Change
(IPCC) charged that a drastic diminution of GHG emissions in
the range of 60 to 80 percent was necessary just to slow the
process of climate change to an acceptable rate that would
allow ecosystems to adapt. Although it were executed at
100percent effectiveness, the Kyoto Protocol barelyrepresents any progress at all, both because its diminution
targets are low and emissions in under developed nations will
continue to grow unchecked. The following charts represent
forecasts made comparing various levels of emission
diminutions for the next century:
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Source: http://climatechange.sea.ca/kyoto_protocol.html
The Negotiating Debate
The central theme of the COP3 negotiations was the
quantified emission limitation and diminution objectives
(QELROs), a clear binding and verifiable commitment by the
industrialized nations to decrease their emission below 1990
levels by early next century. In total, 70 proposals from over
30 developed and under developed nation parties were
received subsequent to COP2 in Geneva in 1996 by the FCCC
Secretariat. The Adhoc Group on the Berlin Mandate (AGBM)
prepared a negotiating text for a protocol or another legal
instrument, and also a chairmans text which was the focus
of discussion at the eighth and ultimate session of the AGBM
in Bonn in October 1997.
The Kyoto Conference had a wide range of proposals on
targets and timetables for legally binding diminution for the
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developed nations over the next 2 or three decades. The
main proposals negotiated are given in the Table-7.1 below.
The underlying essence of the entire negotiation in Kyoto was
the required for a political will to reach an understanding and
agreement on commitments that will lead the process
towards achieving the objective of the Convention:
stabilization of GHG concentrations in the atmosphere at a
level that would prevent dangerous anthropogenic
interference with the climate system.
The G-77 and China, at every opportunity of the 10-day
debate, totally rejected the idea of under developed nations
accepting any form of GHG diminution targets until and
unless these nations main agenda, poverty eradication, was
fully addressed and met. In support of the under developed
nations stand, Chairman Raul Estrada (AGBM and Committee
of the Whole of COP3) made a powerful plea on various
occasions that between 1987 and 1993, non-Annex 1 parties
as a group recorded a greater average diminution in energy
intensity per unit gross domestic product than did Annex 1
parties. At the same time, the biggest economy in the world
had a growth in emission equal to their growth in grossdomestic product during 1996.
Table 7.1
(i) Inclusion of CO2, CH4, N2O in 1 basket and treating
the other three Fluoride gases, viz., HFCs, PFCs, and SF6 in a
separate basket or all the six gases to be included in 1
basket and in the COP3 itself
(ii) Methodologies to be used to estimate emissions by
sources and removals by sinks in the new instrument
(iii) Treatment of sinks in the new instrument
(iv) Emission trading
(v) Joint implementation
(vi) Clean development fund
(vii) Evolution issues
(viii) Policies and measures
(ix) Continuing to advance the implementation of Article
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4.1 of the Convention
(x) A strong compliance mechanism and closing of allloopholes
Main Features of the Kyoto Protocol to the UNFCCC
The ultimate Kyoto Protocol is the outcome of eight AGBM
meetings during the 2 and half yr period and the 10 days (1-
10 December 1997) of day and night negotiations in the
COP3 at Kyoto, Japan, among the signatory nations to the
UNFCCC followed in 1992. The protocol adds a new legal
responsibility to meet targets and deadlines for thediminution of GHG emissions by the industrialized nations.
The main features of the protocol signed at Kyoto on 10
December 1997 are:
Complete absence of any compliance mechanism
Average global emission cuts by 38 developed nation
parties and nations in transition by at least 5 per cent
below 1990 levels, particularly
8 per cent by EU,
7 per cent by USA, and
6 per cent by Japan,
Over their 1990 GHG emissions:
Cuts to apply to all the six gases viz., CO2, CH4, N2O,
HFCs, PFCs, and SF6.
Inclusion among the cuts of net changes in GHG
emissions from sources and removals by sinks resulting
from direct human induced land use change and forestry
activities, limited to afforestation, reforestation, and
deforestation since 1990, measured as verifiable changes
in stocks.
The commitment period will be 2008 to 2012.
Each party included in Annex I shall by 2005 have done
demonstrable progress in achieving its commitments
done in the protocol.
Acceptance of emission trading, joint execution, and theClean Development Mechanism (CMD).
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Clean Development Mechanism (CDM)
The Kyoto Protocol set up a Clean DevelopmentMechanism to assist under developed nation parties
in achieving sustainable growth and in contributing
to the ultimate objective of the Convention and to assist
Annex I parties in achieving compliance with their
quantified emission limitation and diminution
commitments under Article 3 of the protocol.
Complete Absence of a Strong Compliance
Mechanism in the Protocol
The total non-compliance by industrialized nations to thetargets of the Convention to decrease GHG emissions to
1990 levels by 2000 leaves a question mark on their
compliance of the provisions of the Kyoto Protocol.
Moreover, there is complete absence of a strong
compliance mechanism in the protocol.
Some aspects of the Kyoto Protocol which are of special
interest to under developed nations like India are:
1. Article 2.3 states that the parties included in Annex I shall
strive to execute policies and provisions under Article 2 in
such a way as to reduce negative impacts, including the
negative impacts of climate change, effects on
international trade, and social and environmental and
economic effects on the parties, particularly under
developed nation parties. Similarly, Article 3.14 states
that each party included in Annex I shall strive to achieve
the commitments in such a way as to reduce adverse
social, environmental, and economic effects on under
developed nation parties.These aspects need careful monitoring and study by India
and other under developed nations. In case any adverse
effects are anticipated, corrective actions through the
future meetings of the parties should be initiated without
loss of time.
2. Article 3.3 on sinks states that net changes in GHG
emissions from sources and removals by sinks resulting
from direct human-induced land use change and forestry
activities, is limited to afforestation, reforestation, anddeforestation since 1990. The article is silent on the
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question of natural regeneration through better
management in the forestry sector. This requires
clarification.
3. Article 5.2 states that the methodologies for estimating
anthropogenic emissions by sources and removals by
sinks of all GHG not controlled by the Montreal Protocol
shall be those accepted by the IPCC and agreed upon by
the COP3. Such methodologies require to be circulated by
the FCCC to all the Parties and other observers including
NGOs for their scrutiny and comments before ultimately
adopting for compliance.
4. Article 6.1(d) states that the acquisition of emission
diminution units shall be supplemental to domestic
actions for the purpose of commitments under Article 3.
The protocol is silent on what %s of the total
commitments will be through domestic actions and
through actions which are supplemental.
5. Article 10 of the Kyoto Protocol states that all parties,
taking into account their common but differentiated
responsibilities and their specific national and regional
developmental priorities, objectives, and circumstances,
without introducing any new commitments for parties not
included in Annex 1, but reaffirming existing
commitments in Article 4.1 of the FCCC ....
shall formulate where relevant and, to the extent
possible, cost-effective national and (where appropriate)
regional programme to improve the quality of local
emission factors, activity data and/or models which
reflect the socio-economic conditions of such a party for
the preparation and periodic updating of nationalinventories of anthropogenic emissions by sources and
removals by sinks of all GHG not controlled by the
Montreal Protocol using comparable methodologies.
Further Article 10(b) (i and ii) states that all parties shall
formulate, execute, publish, and regularly update
national and (where appropriate) regional programme
containing provisions to mitigate climate change and
provisions to facilitate adequate adaptation to climate
change; such programme would inter alia concern the
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energy, transport, and industry sectors and agriculture,
forestry, and waste management.
Problems Confronting Under developed
Nations and the Eighth Conference of the
Parties (COP8) to the UNFCCC
Most of the under developed counties in the post-
independent era concentrated their efforts on economic
growth to address poverty eradication and provide a
better quality of life, education, and basic health
facilities to citizens. The under developed nations are
already under pressure from forces like populationgrowth, large population (like Indias), resource
depletion, and poverty. These nations require massive
financial aid, technological support, and capacity
building to address to their social growth, economic
growth, environmental protection, and technological
growth to address their main agenda of growth, i.e.
poverty eradication.
Many in these under developed nations live not onlywithout safe drinking water, sanitation, and medical
care, but also without homes. Sustainable livelihoods
require to be initiated in millions. Added to this,
education facilities require to be provided to all children.
Lack of education of such a large % of the population
makes the situation still worse.
Climate Change Funds
During COP7 at Marrakesh there was an effort for the
creation of different funds to help under developed
nations in addressing climate change. A collective
contribution of some of the industrialized nations to the
tune of US $ 401 million annually by 2005 was promised.
This fund as a token of good gesture from some of the
affluent nations was although a drop in the ocean. Under
developed nations have waited patiently for too long. At
least few trillion-dollar fund may be able to raise the
under developed nations from the present miserable
state of affairs to survival level and provide a future forthem for a better quality of life. Poverty and equity in fact
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received only marginal attention so far. COP8 presented
an unique opportunity to integrate such policies in the
Convention.
Policies that lessen pressure on resources, improve
management of environmental risk, and increase the
welfare of the poorest and downtrodden members of the
society can simultaneously advance sustainable growth
and equity, and enhance adaptation. In fact, the
adaptation process complements the process of
mitigation of climate change.
G-77 requirements, in consultation with other
stakeholders in a participatory process, to formulate a
strategy for demanding massive economic aid like the
Marshall Plan for Europe. Combating poverty on a priority
basis is the surest way of addressing the global climate
change, sustainable growth, and equity. This may be the
surest way of achieving the millennium growth goals as
well.
Developing Nations and UNFCCC Provisions
The Parties (nations) to the Convention should protect
the climate system for the benefits of present and future
generations of mankind on the basis of equity and in
accordance with their common but differentiated
responsibilities and respective capabilities and as such,
the developed nations should take the lead in combating
climate change and negative impacts thereof.
The Convention affirmed that reactions to climate change
should be coordinated with social and economic growth in
an integrated way with a view to avoiding adverse impact
on economic growth, taking into full account the
legitimate priority requirements of under developed
nations for the achievement of sustained economic
growth and the eradication of poverty
The Convention recognized that under developed nations
requirement access to resources needed to achieve
sustainable social and economic growth. In order to
progress towards that goal, energy consumption will
required to grow taking into account the possibilities for
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achieving greater efficiency through application of new
technologies for the economic and social benefit.
The developed counties further committed in the
Convention to provide new and additional financial
resources including for the transfer of technology to the
under developed nations for executing different provisions
as needed to promote, facilitate, and finance as
appropriate, the transfer of or access to environmentally
sound technologies and know-how to under developed
nations to alter them to execute the Convention provision.
The developed nations should also support the growth
and enhancement of endogenous capacities.
The highly industrialized nations (Annex II of the
Convention) should also assist under developed nations
vulnerable to climate change in meeting the costs of
adaptation to those negative impacts.
COP8 provided the best opportunity to mobilize these
provisions in the Convention to the fullest advantage for
social, economic, and technological growth and
protection to the environment of the under developed
nations.
Status of Implementation of these Provisions
The Convention provisions of transfer of financial and
technological resources to the under developed nations
have received only marginal response from the
industrialized nations so far. Future COPs must go for a
major debate, deliberation, and decision on the
fulfillment of commitments and total compliance by the
industrialized nations in Rio.
India signed the UNFCCC on 10 June 1992 and ratified it
on 1 November 1993. Under the UNFCCC, under
developed nations like India do not have binding GREEN
HOUSE GASES mitigation commitments in recognition of
their small contribution to the greenhouse issue and low
financial and technical capacities. The Ministry of
Environment and Forests is the nodal agency for climate
change problems in India. It has constituted Working
Groups on the Kyoto Protocol and UNFCCC. Work is
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presently in progress on India's initial National
Communication (NATCOM) to the UNFCCC.
The Kyoto Protocol to the UNFCCC was followed in 1997
and needs developed nations and economies in transition
listed in Annex B of the Protocol, to decrease their GREEN
HOUSE GASES emissions by an average of 5.2percent
below 1990 levels. Article 12 of the Kyoto Protocol
provides for the Clean Development Mechanism (CDM).
India acceded to the Kyoto Protocol on 26 August 2002.
Current initiatives in India to improve understanding of
climate change, and comply with the requirements of theUNFCCC include:
Preparation of the nation's initial National Communication
to the UNFCCC by the Government of India. All Parties are
needed to communicate a national inventory of green
house gases, and a general description of steps taken for
the execution of the Convention. The green house gases
inventory for the nation is being prepared for the base yr
1994, and will cover 5 sectors: energy, industrial
processes, agriculture, forestry, and waste. This exercise
involved detailed work on estimation of sectoral green
house gases emissions and identification of nation-
specific emission factors. Vulnerability and adaptation
assessment is also part of the National Communication
project.
Support of the Asian Least-cost Greenhouse Gas
Abatement Strategy (ALGAS) study, by the Government
of India. The study developed a national inventory of
green house gases sources and sinks, and distinguished
potential mitigation options. Nation-specific emissionfactors have been developed for methane emissions from
paddy cultivation, carbon dioxide emissions from Indian
coal, etc.
An extensive methane measurement campaign
coordinated by the National Physical Laboratory in 1991.
Measurements were undertaken in major paddy growing
regions of the nation under different rice environs for the
whole cropping period. Emissions from paddy cultivation
in India were estimated to be about 4 Tg/yr (a tenth of
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U.S Environmental Protection Agency estimates obtained
by extrapolating European and American data to India).
Several provisions being undertaken in the nation, which
contribute togreen house gases mitigation.
Establishment of theTechnology Information, Forecasting
and Assessment Council under the Department of
Science and Technology, which facilitates the transfer of
environmentally sound technology.
Extensive efforts in conservation of forests and
biodiversity. The Participatory Forest Management
Strategy of the Government of India securesrehabilitation of degraded areas, conservation of
biodiversity, along with sharing of benefits with local
citizens. In situ conservation is undertaken through a
system of protected areas, including 75 national parks
and 421 wildlife sanctuaries, covering 146,000 square
km.
Coastal zone management plans by all coastal states
and Union Territories as per the Coastal Zone Regulation
Notification of 1991by all coastal states and Union
Territories. The Government of India has set up Standing
Committees for monitoring growth in such fragile
ecosystems as islands.
Generation of much-required information about the
vulnerability to climate change under the ongoing Indo-
UK Climate Change Impacts Programme supported by the
Ministry of Environment and Forests, Government of
India. Several research organizations and academic
institutions in the nation are also engaged in research on
climate change effects. The Indian Institute of TropicalMeteorology, Pune, and the Indian Institute of
Technology, Delhi are engaged in under developed
climate change scenarios for India.
Involvement of a number of governmental and
independent agencies in climate change research in
India. The India Meteorological Department
(IMD) observes climatic parameters at surface and upper
air observatories throughout the nation. IMD's network
includes 559 surface observatories, more than 8000rainfall monitoring stations, 100 satellite-based data
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collection platforms in remote areas, 203 voluntary
observing ships, 10 cyclone detection radars, and 17
storm detection radars. Since 1983, IMD has maintained
a meteorological observatory at the Indian Antarctic
station. This data is scrutinized and archived at the
National Data Centre, Pune, and used to study, predict,
and determine the effects of climate change.
Replacement of the existing cyclone detection
radars with state-of-art Doppler Weather Radars in a
phased way. The cities of Calcutta and Chennai have
been the 1st ones to witness their use. An indigenous
Doppler weather radar is being developed under acollaborative programme of the IMD with the Indian
Space Research Organisation (IMD, 2001).
Using satellite data received from INSAT to provide cloud
imageries in the visible and infrared channels, which in
turn, are used to derive cloud motion vectors, sea surface
temperatures, and outgoing long wave radiation.
Key role played by Indian scientists in national and
international climate research efforts like the IIOE
(International Indian Ocean Expedition), MONEX(Monsoon Experiment), INDOEX (Indian Ocean
Experiment), World Climate Research Programme, Global
Observing System, and International Geosphere-
Biosphere Programme.
7.3 Adaptation and Funding Activities under
FCCC and Kyoto Protocol
The worlds climate is changing and will continue to change
at rates unprecedented in recent human history. The effectsand risks associated with these changes are real and are
already happening in many systems and sectors essential for
human livelihood, including water resources, food security,
coastal zones and health.
Under developed nations, particularly those that are least
developed, and the poorest communities, are the most
vulnerable. In these vulnerable nations and communities, the
effects of climate change pose a direct threat to citizens
very survival. Although, the devastating effects of extreme
events, temperature increases and sea level rise have
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consequences for all of us, particularly the poor, and will only
worsen in the future.
Effects underlined by the Fourth Assessment Report of the
Intergovernmental Panel on Climate Change (IPCC 2007)
include:
In 2008 alone, more than 20 million citizens were
displaced by sudden climate-related disasters. An
estimated 200 million citizens could be displaced as a
result of climate effects by 2050;
Widespread melting of glaciers and snow cover will
decrease melt water from major mountain ranges (e.g.Hindu Kush, Himalaya, Andes), where more than 1 billion
citizens presently live;
Worldwide, approximately 20-30percent of plant and
animal species are likely to be at increased risk of
extinction if increases in global average temperature
exceed 1.5-2.5C;
Climate change presently contributes to the global burden
of disease and premature deaths. Adverse health effects
will be greatest in low-income nations, including from heatstroke, malaria, dengue and diarrhoea.
Adequate attention must be given to respond to the effects
of climate change that are already happening, while at the
same time preparing for future effects. In this connection, it
is most urgent to foster adequate and rapid support to the
most vulnerable nations and communities. Increased
investment in adaptive capacity, like strengthening the
ability of nations to decrease disaster risk, will safeguard
economic progress already done and increase the climate
resilience of economies on the way to achieving overall
growth goals.
In this context, there is an urgent requirement for an
integrated policy response to the climate change and growth
challenge.
Adaptation and sustainable development
Climate change has the potential to push under developed
nations back into the poverty trap and to undo many
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achievements that have been done to date with regard to the
Millennium Development Goals (MDGs).
Climate change effects on all aspects of sustainable growth.
Future vulnerability depends not only on climate change, but
also on growth pathways. Sustainable growth can decrease
vulnerability.
The execution of adaptation requirements to be integrated
into national and international sustainable growth priorities,
and into national and sectoral growth plans.
Steps for effective execution strategies at the national level
include:1. Enhancement of the scientific basis for decision-making
2. Strengthening methods and tools for the assessment of
adaptation
3. Education, training and public awareness on adaptation,
including for young citizens
4. People and institutional capacity-building
5. Technology growth and transfer; and promotion of local
coping strategies
6. Appropriate legislation and regulatory frameworks, which
promote adaptive-friendly action
7. An adaptive planning process that covers different time-
scales and levels (e.g. national, regional) and sectors
Using climate change, including adaptation, as a driver to
undertake activities with multiple benefits can catalyze
progress in achieving a nations sustainable growth goals.
Many nations are starting to take concrete action towards
adaptation to climate change. Such action requires to be
expanding and integrating into national and sectoral planning
to foster that sustainable growth and adaptation are mutually
enhanced.
Options for responding to adaptation requires to date
Adaptation options are many, including:
Behavioural change at the people level, like the
sparing use of water in times of drought
Promotion of adaptive management strategies
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Technological and engineering options like increased
sea defences or flood- proof houses
Risk management and diminution strategies like early
warning systems for extreme events
Growth of financial instruments like insurance schemes
Promotion of ecosystem management principles, like
biodiversity conservation to decrease the effects of
climate change on citizens, e.g. by conserving and
restoring mangroves to protect citizens from storms
Funding for adaptation
Adaptation requirements sufficient and sustained funding so
that nations can plan for and execute adaptation plans and
projects. Funding is needed for all under developed nations
to maintain national adaptation plans and for these to exist
at all levels: local, sub-national and national.
Many estimates for financing adaptation actions have been
produced in recent months. While it is difficult to ascertain
their accuracy given that they involve future costs, it is safe
to say that funding requirements for adaptation are likely to
run to several 10s of billions of dollars annually.
Without sustained funding, adaptation reactions are likely to
be limited to reactive action, like short-term emergency
relief or humanitarian aid. Furthermore, humanity will face
increased costs and greater risks in the future, including:
Conflict because of competition over scarcer resources
like water, food and energy
Large-scale population movements, with the number of
environmentally displaced persons outgrowing thenumber of traditional refugees
Current Official Development Assistance (ODA) is insufficient
to cover the adaptation requirements. This funding gap
becomes clear when looking at current available funding for
adaptation. Calculations indicate that available per capita
money for adaptation in under developed nations ranges
from between 3 cents per annum to USD 3.82 per annum. It
is critical that start-up funding for adaptation actions in under
developed nations, as laid out in the Copenhagen Accord, be
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done available to address the most urgent adaptation
requirements.
Current efforts under the UNFCCC
It is critical that the execution of adaptation be brought
forward on policy agendas.
Under developed nations require to receive increased and
sustained assistance to adapt to the effects of climate
change.
Foster appropriate enabling environments to foster
effective and efficient provision of capacity-building,
technology and funding.
The climate change regime has to deliver sustained and
sufficient funding for the execution of large-scale
adaptation initiatives to prevent funding being largely
limited to reactive funding, e.g. short-term emergency
relief. Reactive funding would be unsupportive of
sustainable growth strategies and be very costly. (It is
estimated that 1 US dollar invested in anticipatory
provisions can save up to 7 US dollars in future relief
costs.)
The UNFCCC commits all Parties to formulate, execute,
publish and update adaptation provisions, and to cooperate
on adaptation. It provides for a variety of support
mechanisms for adaptation execution in under developed
nations, including provisions on:
The provision of funding
Scientific and technical assistance for all Parties to
enhance their knowledge base
Insurance and technology transfer
National Adaptation Programmes of Action (NAPAs) are
presently an option for Least Developed Nations and provide
a rigorous assessment of urgent adaptation requirements in
LDCs. As of October 2010, 44 out of 49 NAPAs had been
submitted. In total, 467 projects have been distinguished,
and their total aggregate cost is USD 1.7 billion.
Essential support from the international community is
required to execute the projects distinguished in the NAPAs,like early-warning systems, disaster risk diminution,
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improving food security and water resource management. As
at October 2010, donor nations have made contributions and
pledges to the LDC Fund of around USD 292 million. More
information on nations, projects, donors and a Q & A on
LDCs can be found here (unfccc.int/4751)
The 5-yr Nairobi work programme (2005-2010) on effects,
vulnerability and adaptation to climate change (NWP) has the
objective of assisting all nations in understanding and
assessing effects, vulnerability and adaptation and making
informed decisions on practical adaptation actions and
provisions to respond to climate change on a sound scientific,
technical and socio-economic basis, taking into accountcurrent and future climate change and variability. It provides
a structured framework for knowledge sharing and
collaboration among Parties and organizations.
During the last 5 yrs, the Nairobi work programme has been
successful in fulfilling its objective and accomplishing its
expected outcomes. In particular, the programme has proved
to be an important know-how-sharing and discovering
platform on adaptation and an effective mechanism for
enhancing cooperation among a wide range of adaptationstakeholders and for catalyzing adaptation actions in all
areas and sectors. As of Oct 2010:
195 organizations are partners to the Nairobi work
programme, of which thirty-two are from the private
sector
9 calls for action highlighting priority actions to help
adaptation, that respond to gaps and requirements
distinguished under the NWP, have been produced under
the guidance of the Chair of the SBSTA. The calls foraction are based on discussions during workshops and
expert meetings.
Online compendia and databases have been
initiated, including the Adaptation Principles interface - a
gateway to information on adaptation principles
worldwide and the Compendium on methods and tools to
evaluate effects of, and vulnerability and adaptation to,
climate change.
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133 action pledges have been received from 51
organizations
The Adaptation Fund
The Adaptation Fund was set up to finance concrete
adaptation projects and programmes in under developed
nations that are Parties to the Kyoto Protocol. The Adaptation
Fund is to be financed with a contribution of moves from
clean growth mechanism (CDM) project activities and funds
from other sources. The contribution of moves amounts to
2percent of certified emission diminutions (CER) problem for
a Clean Development Mechanism project activity. At the end
of July 2010, the AFB had around USD 160 million available to
help adaptation. By the end of 2012 total potential resources
from CER monetization is expected to be around USD 350
million.
The Adaptation Fund is managed by the Adaptation Fund
Board (AFB) with the Global Environment Facility (GEF)
providing secretariat services to the Board, and the World
Bank serving as the trustee of the Adaptation Fund. The AFB
is composed of 16 members and 16 alternates and it meets
at least twice a yr.
The 1st 2 adaptation projects over USD fourteen million were
approved by the Board in September. While the project from
Honduras employs a set up practice of using a Multilateral
Implementing Entity (UNDP) to improve water management
and decrease vulnerability; the project from Senegal makes
use of the ground-breaking direct access modality, i.e. it uses
a National Implementing Entity (Centre de Suivi Ecologique)
to combat coastal erosion exacerbated by climate change
and rising sea levels.Round-Table Discussions among Ministers and the Heads of
Delegations during the 9th Group discussion of the Parties to
the UNFCCC (COP9) at Milan, Italy, at its eighteenth Session,
recommended organizing round-table discussions to function
as a fomite for the Ministers and Heads of Delegations to
exchange views in COP9.
COP9 decided to have 3 round-table discussions on the
following themes:
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Climate Change mitigation, adaptation, and
sustainable growth, on 10 December 2003,
Assessment of progress at the national, regional, and
international levels to fulfil the promise and objectives
enshrined in the Climate Change agreements, including
scientific policy and financial aspects, on 11 December
2003.
Technology, including technology use and growth and
transfer of technologies, on 11 December 2003, and
Some Interesting Conclusions in the Round Table
Round Table I: Adaptation, Mitigation and Sustainable
Development
Climate Change remains the most significant global
challenge for humanity.
Negative impacts of climate change are a reality in all
parts of the world.
The importance of the clean development mechanism as
an instrument for capacity building was clearly brought
out.
Urgent and coordinated action is required by all nations
taking into account their special circumstances and
common but differentiated responsibilities.
The execution of mitigation and adaptation provisions in
the context of national policies for sustainable growth
involves the realization of synergy and complementarity
between economic growth, poverty alleviation, and
environmental protection.
A coherent mitigation strategy over time would require
provisions to improve energy efficiency, application of
renewable energy technologies, and growth of new
technologies for the next decade.
Importance of capacity of local communities to cope with
negative impacts of climate change.
Special Climate Change Fund (SCCF) must be operational
at the earliest with priority for Adaptation.
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Scarcity of resources in under developed nations is
placing severe restrictions/ limitations on the execution
of mitigation and adaptation provisions.
Under developed nations require more funding from
developed nations to develop capacity and incentives to
successfully execute the Convention and its Protocol.
Round Table II: Technology, Technology Development,
and Technology Transfer
The Round Table underlined the requirement for
sustainable economic growth to alleviate poverty and
promote social growth.
Developed nations were asked to provide precise
information on the technologies being transferred to
under developed nations to build an inventory of
technologies and the requirement for focus on areas like
agriculture, water, coastal zones, and public health.
Expert Group on TT (EGTT) requirements to be actively
involved in analysis, success and failures in TT in order to
replicate success stories.
Technology transfer, growth and cooperation cannot
be left only to the dynamics of the private sector.
Round Table III: Fulfilling the Promise and Objectives
Enshrined in the Climate Change Agreements
Much more requirements to be done in order to
stabilize atmospheric concentrations of green house
gases at a level that would prevent dangerous
anthropogenic interference with the climate system.
We (all nations) require maintaining a road map to
achieve this.
There is still a huge gap between what is required and
what is available, particularly in the areas of adaptation.
Policies and provisions to decouple economic growth
and growth in emissions in addition to achieving social
and environmental benefits.
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More financial assistance is needed by under
developed nations to help their efforts to address climate
change.
Recent Developments and Indias position in
Global Negotiation on Climate Change
India is one of the major under developed nations which has
taken very pro-active stands in the process of international
dialogue on climate change. India has also signed the Kyoto
Protocol and intends to take part in the market mechanism
as though Clean Development Mechanism (CDM). The various
stakeholders, like the project developers, the financialorganization, and the ministries (MoEF, MNES, etc.) are
already putting the organisation in place for effective
participation.
The issues that could potentially prevent a much deeper and
wider involvement by India in future negotiations will be:
A Lack of inspirational leadership both from within the
European Union and other Annex 1 nations on the
problem of deeper commitments in the second
commitment period.
Unclear signals for the continuity and deepening of the
carbon markets and also newer avenues for engagement
for under developed nations beyond the 1st commitment
period.
Recognition of the urgent requirement for an
assessment of the funds needed for Adaptation
requirements of the poorer and under developed states
and a positive approach towards exploring options for
meeting these costs.
Attaining this will need a clear and meaningful engagement
from the Annex 1 nations on several fronts, namely,
technology transfer, Foreign Direct Investment inflows, two
sided agreements, easier availability of best available
technology, and help in R&D projects. Further, capacity
building is critical in varying degrees within the South Asian
nations to be able to absorb flows of this nature and to be
able to undertake activities related to both the mitigation and
adaptation fronts.
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Negotiations on the future post-2012
Parties to the UNFCCC have already underlined the mostimportant elements that might be part of an enhanced
multilateral response to climate change up to and beyond
2012. Adaptation was distinguished to be 1 of the 5 key
building blocks (shared vision, mitigation, adaptation, finance
and technology) of a future climate change deal.
The significance of adaptation was repeated in the
Copenhagen Accord, which emphasizes that raised action
and international pattern on adaptation is urgently needed to
foster the execution of the Convention by enabling and
helping the execution of adaptation actions targeted at
reducing vulnerability and building resilience in under
developed nations, particularly in those that are particularly
vulnerable, particularly least developed nations, small island
under developed States and Africa.
Under the negotiating process toward Cancun, nations made
progress in defining a comprehensive adaptation framework,
which will alter all nations to contribution knowledge and
lessons learned from adaptation and under developed
nations to maintain and execute adaptation provisionshelped through scaled-up financial help, technology and
capacity-building. The final elements of the framework
remain to be agreed through the negotiations.
Parties have underlined that mitigation and adaptation
require to be accorded the same level of importance.
Adaptation does not replace mitigation of GHG emissions. On
the contrary, both mitigation and adaptation require to be
pursued in parallel during the same period of time, although
complementing each other, and they require to be executedthrough sufficient financing and appropriate technology.
The eighteenth session of the Conference of the Parties to
the UNFCCC and the eighth session of the Conference of the
Parties doing as the Meeting of the Parties to the Kyoto
Protocol will happen from Monday, twenty-six November to
Friday, seven Dec 2012 at the Qatar National Convention
Centre in Doha, Qatar.
33UNIT 1Introduction to Port and Shipping
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Source:
HTTP://UNFCCC.INT/FILES/INC/GRAPHICS/IMAGE/JPEG/DOHA_
CONF_CENTER_1_533.JPG
7.4 Student Activity
Make a draft of the recent developments and Indias position
in global negotiation on climate change.
7.5 Summary
Speedy economic growth and development is the prime of
life schedule for all the under developed nations to deal
poverty eradication. Signals of climate change are already
getting see able and may pose a threat to our growth untiland unless under developed nations gear up now and unite
to put forward their voice to the world about their
requirements to mitigate and to adapt to reduce the negative
impacts of climate change.
While international agreements like the Kyoto Protocol are
certainly a step in the right way in that they raise awareness
about the severity of global climate change, they are not a
complete solution and will not solve the issue alone. Real
results and improvements will be seen when fundamental
diminutions in energy consumption and changes in lifestyle
are attained on a people level across the globe. Continue by
reading about what you can do to contribute towards
reducing GHG emissions and improving your lifestyle.
7.6 Keywords
The Adaptation Fund: It was set up to finance concrete
adaptation projects and programmes in under developed
nations that are Parties to the Kyoto Protocol.
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National Adaptation Programmes of Action (NAPAs): It
provides a rigorous assessment of urgent adaptation
requirements in LDCs.
Joint Implementation: The mechanism which allows a
nation with an emission diminution or limitation commitment
under the Kyoto Protocol to earn emission diminution units
(ERUs) from an emission-diminution or emission removal
project in another nation.
7.7 Review Questions
1. What is meant by the term global warming'' and why
may it be a problem?
2. What is the Kyoto Protocol? What are the provisions of the
agreement?
3. What scientific criteria might be used to decide whether
to regulate GHG emissions?
4. What policy considerations require to be considered?
7.8 Further Readings
BooksBirnie, P., and Boyle, A., (1993) International Law and the
Environment, (Oxford: Clarendon Press).
Diwan, Shyam & Rosencraz, Armin, (2001) Environmental
Law and Policy in India, (New Delhi: Oxford University Press).
Guindling, Lothar & Tarasofsky, Richard, (1999) International
Environmental Law: Marine Environment, Polar Regions,
Outer Space, (UK).
Land-based Marine Pollution, (London, Dordrecht, and
Boston: Meng Qing-Nan, (1987) Graham and
Trotman/Martinus Nijhoff).
Krishnendu Mukherjee, A Hungry Tide: The Legal Response
to Climate Change Adaptation, 2008,
Adger WN, Agrawala S, Mirza MMQ, Conde C, OBrien K,
Pulhin J, Pulwarty R, Smit B and Takahashi K. 2007.
Assessment of adaptation principles, options, constraints and
capacity. Climate Change 2007: Impacts, Adaptation and
Vulnerability. Contribution of Working Group II to the FourthAssessment Report of the Intergovernmental Panel on
35UNIT 1Introduction to Port and Shipping
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Climate Change. Parry ML, Canziani OF, Palutikof JP, van der
Linden PJ and Hanson CE (eds). Cambridge University Press,
Cambridge, UK: pp. 717 743.
Alan E. Boyle, Land-based Sources of Marine Pollution:
Current Legal Regime, Marine Policy, Vol.16, 1992.
Louis Sohn, The Stockholm Declaration on Human
Environment, Harvard International Law Journal, Vol. 14,
1973.
Web Readings
http://unfccc.int/press/fact_sheets/items/4985.php
http://cmsdata.iucn.org/downloads/k__mukherjee__a_hungry_
tide_.pdf
http://awsassets.wwfindia.org/downloads/mea_handbook_cel.
pdf
http://climatechange.sea.ca/kyoto_protocol.html
http://envfor.nic.in/cc/india_unfccc.htm
http://www.indg.in/rural-energy/environment/kyoto-protocol
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