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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:

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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, practical problems 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, highlydeveloped 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 189 States. 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 to protect 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 gases concentrations 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 GHG emissions 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 the developed 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 emission limitation 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 and perfluorocarbons. 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 the poorer 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. These signatures 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 significant for 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 to their 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 the Protocol 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 the same 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 a diminutionproject 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, landuse change and forestry (LULUCF) activities like reforestation An emission diminution unit (ERU) generated by a joint 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 of the 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 of CO2, 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 of more 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, by not 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 barely represents 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 gross domestic 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) (iv) (v) (vi) (vii) (viii) (ix)

Treatment of sinks in the new instrument Emission trading Joint implementation Clean development fund Evolution issues Policies and measures Continuing to advance the implementation of Article

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4.1 of the Convention

(x)

A strong compliance mechanism and closing of all loopholes

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 (110 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 the diminution of GHG emissions by the industrialized nations. The main features of the protocol signed at Kyoto on 10 December 1997 are:

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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 the Clean Development Mechanism (CMD).

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Clean Development Mechanism (CDM) The Kyoto Protocol set up a Clean Development Mechanism 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 Mechanism in the Protocol Strong Compliance

The total non-compliance by industrialized nations to the targets 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, and deforestation since 1990. The article is silent on the

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question of management clarification.

natural regeneration through better in the forestry sector. This requires

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 national inventories 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 postindependent 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 population growth, 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 only without 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 for them 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 Communication (NATCOM) to the UNFCCC.

National

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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 the UNFCCC 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 nationspecific 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 emission factors 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 the Technology 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 secures rehabilitation 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 IndoUK 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 Tropical Meteorology, 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 8000 rainfall 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 a collaborative 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 GeosphereBiosphere 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 effects and 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 heat stroke, 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 the number 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 account current 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 adaptation stakeholders 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 for action 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 organizations

have

been

received

from

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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, sustainable growth, on 10 December 2003,

and

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.

211

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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 Global Negotiation on Climate Change

in

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 financial organization, 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 most important 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 provisions helped 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 executed through 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.

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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 until and 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

Books
Birnie, 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, Boston: Meng Qing-Nan, Trotman/Martinus Nijhoff). (London, (1987) Dordrecht, Graham and and

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 Fourth Assessment Report of the Intergovernmental Panel on

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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