climate change law

7/29/2019 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

1UNIT 1Introduction to Port and Shipping

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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.


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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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http://unfccc.int/files/inc/graphics/image/jpeg/doha_conf_center_1_533.jpghttp://unfccc.int/files/inc/graphics/image/jpeg/doha_conf_center_1_533.jpghttp://unfccc.int/files/inc/graphics/image/jpeg/doha_conf_center_1_533.jpghttp://unfccc.int/files/inc/graphics/image/jpeg/doha_conf_center_1_533.jpg


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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


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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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