Env Law Enotes Twelve Part2
Env Law Enotes Twelve Part2
Env Law Enotes Twelve Part2
1. There’s a lot of misinformation out there about the Paris Agreement, including the idea
that it will hurt the U.S. economy. That was among a number of unfounded claims Trump
repeated in his 2017 Rose Garden address, arguing that the accord would cost the U.S.
economy $3 trillion by 2040 and $2.7 million jobs by 2025, making us less competitive
against China and India.
2. But as fact checkers noted, these statistics originated from a debunked March 2017 study
that exaggerated the future costs of emissions reductions, underestimated advances in
energy efficiency and clean energy technologies, and outright ignored the huge health
and economic costs of climate change itself.
3. One recent study suggests that if the United States failed to meet its Paris climate goals, it
could cost the economy as much as $6 trillion in the coming decades. A worldwide
failure to meet the NDCs currently laid out in the agreement could reduce global GDP
more than 25 percent by century’s end.
4. Meanwhile, another study estimates that meeting—or even exceeding—the Paris goals
via infrastructure investments in both clean energy and energy efficiency could have
major global rewards—to the tune of some $19 trillion.
5. In terms of employment, the clean energy sector already employs more than 3 million
Americans—about 14 times the number of coal, gas, oil, and other fossil fuel industry
workers—and has the potential to employ many more with further investments in energy
efficiency, renewable energy, and electric grid modernization to replace the aging coal-
powered infrastructure.
6. Indeed, moving forward with the Clean Power Plan alone could deliver more than a half-
million new jobs by 2030.
.
VII. International Agreements on Climate Change
The Paris Agreement is the culmination of decades of international efforts to combat climate
change. Here is a brief history.
While the Paris Agreement ultimately aims to cap global temperature rise at 1.5 degrees Celsius
in this century, many studies evaluating the voluntary pledges individual countries made in Paris
show that the cumulative effect of those emissions reductions won’t be large enough to keep
temperatures under that cap.
Indeed, the targets countries laid out are expected to limit future temperature rise to between 2.7
and 3.7 degrees Celsius. Meanwhile, current evaluations of how countries are performing in the
context of their Paris climate goals indicate some nations are already falling short of their
commitments.
1. However, it’s important to remember the Paris Agreement isn’t static. Instead, it’s
designed to boost countries’ national efforts over time meaning that current commitments
represent the floor, not the ceiling, of climate change ambition.
2. The heavy lifting reining in emissions even further by 2030 and 2050 still needs to be
done, and the accord provides the tools to ensure that happens.
3. Reflecting the collective belief of nearly every nation on earth that climate change is
humanity’s war to fight, the Paris Agreement exposes America’s climate skeptics
including Trump as global outliers.
4. In fact, the mobilization of support for climate action across the country and the world
provides hope that the Paris Agreement marked a turning point in the fight against
climate change.
IX. India’s INDCs: A way forward for developing countries
India’s commitment to address climate change did not emerge from the coming up of the
UNFCCC or the Paris Agreement. The age-old traditions and customs of this country have made
it inherent for the people to grow and prosper along with nature and to respect and appreciate it
for all that it gives.
Therefore, India despite having no binding mitigation obligations as per the Convention,
declared a voluntary goal of reducing the emission.intensity of its GDP by 20-25% over 2005
levels, by 2020.
Through various administrative, regulatory and policy measures adopted by the government, it
has been able to reduce its emission intensity of its GDP by 12% between 2005 and 2010. In
view of this, the United Nations Environment Programme (UNEP) in its Emission Gap Report
2014 has recognized India as one of the countries that is working very well on its course to
achieving its voluntary goals to mitigate climate change.
India’s well-designed policy on climate change has been the backbone of its strong commitments
and actions towards the mitigation of and adaptation to climate change at the international level.
(a) Existing framework of law and policy for climate change in India
1. Given its geographical location and the diversity of natural ecosystems available, India is
highly vulnerable to adverse effects of climate change. India has laid out national laws,
rules, plans and policy instruments to address environmental issues.
2. The Constitution also states that it shall be the fundamental duty of each and every citizen
of the country to protect and improve the environment.
3. The Environment (Protection) Act, 1986 is the comprehensive legislation on the
protection and improvement of the environment in the country. In addition to this law, the
Air (Prevention and Control of Pollution) Act, 1981 provides for prevention, control, and
abatement of air pollution.
4. Directed towards the larger objective of mitigation and adaptation to climate change, the
Energy Conservation Act, 2001 lays out a clear road map for efficient energy use and
energy conservation by enforcing energy consumption norms for industries, energy
labelling and standards for electrical goods as well as energy efficient building codes
through the Bureau of Energy Efficiency.
5. Further, the National Environment Policy, 2006 promotes sustainable development
options and intends to mainstream environmental concerns in all developmental
initiatives undertaken in the country.
6. The National Action Plan on Climate Change (NAPCC), 2008 and various state action
plans on climate change are formulated with an aim to contribute towards mitigation of
greenhouse gas emissions, application of appropriate technologies for adaptation as well
as mitigation, promotion of new and innovative forms of market and voluntary
mechanisms.
7. These environmental laws and policy frameworks enable the country to work towards the
fulfilment of its INDC. The following section analyses the scope and reach of India’s
ambitious INDC.
India’s INDC aims at establishing an effective, cooperative and equitable global architecture
based on climate justice and the principles of equity, CBDR and respective capabilities enshrined
under the UNFCCC.
• The concept of climate justice and the need for promoting sustainable lifestyle and
sustainable patterns of consumption
Production amongst people were made part of the final text of the Paris Agreement.
1. In addition to this, the country has promised to create an additional carbon sink of 2.5 to
3 billion tones of CO2 equivalent through additional forest and tree cover by2030.
2. India also aims to generate 40 percent of cumulative electric power installed capacity
from non-fossil fuel based energy resources by 2030 with the help of technology transfer,
and international financing.
3. Two funding mechanisms at the national level, such as the National Clean Environment
Fund and National Adaptation Fund have been created to support mitigation and
adaptation programmes.
The concern of India towards climate change is well reflected in all its national level and state
level developmental plans and schemes irrespective of the sectors to which they are focused.
The latest Economic Survey highlights that as on 4 January 2016, out of 7685 projects registered
under Clean Development Mechanism (CDM) of UNFCCC, India has registered 1593 projects
that make the second highest number of projects registered under CDM.
The emphasis is both on the increase in production as well as protection of the environment. This
policy brings the concept of sustainable development nearer to its realization at the grass-root
levels.
X. Suggestions
In addition to energy efficiency measures, the following suggestions shall be useful in ensuring
efficient implementation of various governmental policies and schemes directed towards
mitigation and adaptation of climate change and pave the way for India to emerge as a global
leader on climate change issues among the developing countries.
With the advent of the Paris Agreement and the INDCs submitted by the state parties, a well-
framed international legal framework, and adequate national commitments are now in place to
address the global issue of climate change.
In the light of these developments, climate-smart approaches have to be adopted by all states to
mainstream the developmental policies creating enough sectoral and cross-sectoral linkages.
1. The Paris Agreement rightly recognies this point and calls for cooperation of all states
and peoples of the world irrespective of their level of development.
2. The idea of CBDR, besides being viewed in the cross-country context, should be
understood and implemented at an ‘individual level’ too.
3. A new idea of common but differentiated responsibilities and respective capabilities of
an individual irrespective of his/her nationality, race or gender needs to be envisioned
and propogated the world at large.
4. After all, each individual needs to contribute and perform his/her part of obligation
towards addressing this global issue.
5. As a developing country, no doubt, India has an excuse to pursue its developmental
march based on conventional energy sources. However, the challenge of climate change
and the Paris Agreement provide an opportunity for India do revisit its energy options
and redesign its developmental path.
6. The abundant natural sources of energy i.e. the Sun, the wind, the water are the answers
to the issue of climate change.
7. Developmental activities in harmony with nature will prevent harm resulting to the
atmosphere and provide a healthy progress.
8. India should promote innovative projects to tap alternative sources of energy. It should
also build the capacity of different stakeholders at the national and local levels to deal
with climate risk.
9. India should set up Climate Change monitoring Cells (CCMC) at the national, state and
district levels for monitoring all the programmes for involving the local expertise and to
monitor the level of carbon emission and reduction.