Env Law Enotes Twelve Part2

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VI. What Are the Paris Agreement's Costs?

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.

a) United Nations Framework Convention on Climate Change


1. In 1992, President George H.W. Bush joined 107 other heads of state at the Rio Earth
Summit in Brazil to adopt a series of environmental agreements, including the UNFCCC
framework that remains in effect today.
2. The pact sets no limits on greenhouse gas emissions for individual countries and contains
no enforcement mechanisms, but instead establishes a framework for international
negotiations of future agreements, or protocols, to set binding emissions targets.
3. Participating countries meet annually at a Conference of the Parties (COP) to assess their
progress and continue talks on how to best tackle climate change.
b) Kyoto Protocol
1. The Kyoto Protocol, a landmark environmental treaty that was adopted in 1997 at the
COP3 in Japan, represents the first time nations agreed to legally mandated, country-
specific emissions reduction targets.
2. The United States initially signed the agreement but never ratified it; President George
W. Bush argued that the deal would hurt the U.S. economy since developing nations such
as China and India were not included.
3. Without the participation of those three countries, the treaty’s effectiveness proved
limited, with its targets covering only a small fraction of total global emissions.
4. The Kyoto Protocol’s initial commitment period extended through 2012. That year, at the
COP18 in Doha, Qatar, delegates agreed to extend the accord until 2020 (without some
developed nations that had dropped out).
5. They also reaffirmed their 2011 pledge from the COP17 in Durban, South Africa, to
create a new, comprehensive climate treaty by 2015 that would require all big emitters
not included in the Kyoto Protocol
6. such as China, India, and the United States to reduce their greenhouse gas emissions.
7. The new treaty what would become the Paris Agreement was to fully replace the Kyoto
Protocol by 2020. However, the Paris accord went into effect earlier than expected, in
November 2016.

VIII. Beyond Paris

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.

(b) India’s 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 two suggestions made by India at the Paris COP 21 negotiations

• 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.

a) Encouraging Environmental Education for Behavioural Change:


1. Environmental and climate change education must be imparted at all levels (primary/
secondary/ graduate and post- graduate) of educational institutions in an adequate
manner.
2. In order to address the issues of climate change, the youth of the country needs to be
involved as they are going to be the future climate leaders.
b) Utilizing Traditional Knowledge:
1. The rich traditional knowledge and practices of people of India regarding adaptation
and mitigation of climate change should be documented, spread and applied in every
corner of the nation.
2. An important initiative in this regard is the release of ‘Parampara: A Book on India’s
Climate Friendly and Resilient Practices’ which was released by the Prime Minister
of India at the COP 21st session in Paris last year.
c) Bottom-up approach:
1. The governments and regional and local bodies must draw inspiration from the
implementation of the Albuquerque sustainable city plan where in the city has been
recognized as a leading city in the United States in addressing sustainability issues.
2. Such plans must be studied at the governmental level and implemented in the country
with necessary modification in order to adapt to Indian situations.
3. In addition to this, National Policy implementation methods must be designed to achieve
the last mile connectivity in order to make known every person that the climate risk is
affecting their domains and that it requires innovative solutions to mitigate climate
change with an integrated approach.

d) Establishing Compliance and Monitoring Units:


1. Efficient implementation of laws and policies directed towards mitigation and
adaptation of Climate Change could be ensured through proper compliance and
monitoring measures.
2. Country Required National level Climate Change monitoring Cell (CCMC) and
State/UT required the SCCMC and if possible District level CCMC could be
established for monitoring the entire programme (In the integrated approach) for the
carbon emission and reduction to do the carbon audit.
PXI. Conclusion

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.

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