Area of Law-Environmental Law Research Area- Are we ready for climate change?

A study of the Indian policy and statutory framework

Synopsis Submitted as Partial fulfillment in the Course Requirement of LLM Submitted to Nawneet Vibhaw Asst. Professor of Law Submitted by- Nakul Sharma 08/LLM/2011

National Law University Delhi

1. Introduction
Our Earth is warming. Earth's average temperature has risen by 1.4F over the past century, and is projected to rise another 2 to 11.5F over the next hundred years. Small changes in the average temperature of the planet can translate to large and potentially dangerous shifts in climate and weather.1 Planet Earths climate is the sine qua non for Civilisation we have today, but rising storms and sea levels, reduced forest cover, less crop yield, increased carbon emission by countries in search of economic advancements and scarcity of available natural resources put the very organisation of current civilization at stake.2 The concern for change in climate patterns was brought in 19th century where it was put forth that the certain human activities have increased the concentration of greenhouse gases (GHGs) giving rise to global temperature levels, which has the capability to bring disastrous and unpredictable changes in climate patterns.3 The IPCC has the same opinion that anthropogenic emissions of GHGs are causing the global temperature since the inception of industrialisation. 4 Even the two degree Celsius increase in the global temperature by the end of 21st century is likely to result in a climate tipping point which will have irreversible long -term impacts. 5 The problem of climate change has been markdown as urgent by world climate

Climate Change: Basic Information Climate change is happening, Available at http://www.epa.gov/climatechange/basics/ 2 Wirth E Timothy., A Way Forward on Climate Change, 2 Harv. L. & Pol'y Rev. 313 2008 3 Badrinarayana Deepa, The Emerging Constitutional Challenge of Climate Change: India in Perspective, 19 Fordham Envtl. L. Rev. 2 2009 4 Intergovernmental Panel on Climate Change, Fourth Assessment Report, Climate Change 2007. Synthesis Report, Summary for Policy Makers (IPCC Synthesis Report 2007), available at http://www.ipcc.ch/pdf/assessmentreport/ar4/syr/ar4_syrspm.pdf. 5 Supra Note 2 at 4

conference in 19796.The climate change7 indeed poses great threat for human existence.8 The race for development in developed countries as well as in developing countries does not require evidence. In this quest, the cost is inflicted on climate by way of carbon emission.9 The statistics shows that China, USA, India, Japan, Russia are emitting more carbon than the rest countries which are falling in the top 20 emitter.10 It was rightly pointed out that the responsibility of an effective climate regime, after-2012, by and large rests on three nations- China, India, and the United States of America.11 Arguably, the climate change is an issue before mankind, which requires attention from both developed and developing countries on the basis of common but differentiated responsibility12.

Albert Mumma, David Hodas, Designing a Global Post-Kyoto Climate Change Protocol that Advances Human Development, 20 Georgetown Int'l Envtl. Law Review, 619 7 Article 1 of the UNFCC defines the Climate Change as a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods. But IPCCs Climate Change 2007: Synthesis Rep ort observed different definition of Climate Change. It provides that a change in the state of the climate that can be identified (e.g. using statistical tests) by changes in the mean and/or the variability of its properties, and that persists for an extended period, typically decades or longer. It refers to any change in climate over time, whether due to natural variability or as a result of human activity. 8 Supra Note 1, the author has observed that the CO2 level in Mauna Loa in Hawaii in 1958 was 280 parts per million (ppm) whereas the level in 2012 has increased upto the 397.55 ppm. This shows that the CO 2 level is increasing drastically, posing environmental concern. For 2012 data, http://www.esrl.noaa.gov/gmd/ccgg/trends/ (Last accessed on July 19, 2012) 9 More than half of all carbon pollution released into the atmosphere comes from five countries, viz China, the United States, India, Russia and Japan and these countries are followed by Brazil, Germany, Canada, Mexico and Iran, available at http://phys.org/news/2011-12-greenhouse-gases-emitted-nations.html (last accessed on July 10, 2012) 10 The top five carbon emitter countries, i.e. developed countries and major emerging economy nations, emit nearly 70 percent of the carbon in comparison to 30 percent total carbon emission by remaining 15 countries. Available at http://www.ucsusa.org/global_warming/science_and_impacts/science/each-countrys-share-of-co2.html (Last accessed on 6 July, 2012). In 2009, the largest five emitters (China, the United States, India, the Russian Federation and Japan) comprised 45% of the total population and together produced 56% of the global CO2 emissions. Available at CO2 Emissions From Fuel Combustion Highlights 2011 Edition, International Energy Agency, http://www.iea.org/co2highlights/co2highlights.pdf (Last accessed on 10th July, 2012) 11 Badrinarayana Deepa, India's Policy Priorities - Bleak Forecast for a Global Climate Regime? 9 German L.J. 327 2008 12 Article 3.1 of the UNFCCC states that parties should protect the climate system for the benefit of future and present generations of human kind on the basis of equity and in accordance with their common but differentiated responsibility and respective capabilities. Accordingly, developed countries should take the lead in combating climate change and the adverse effects thereof.

Review of Literature
The Earth's climate has changed throughout history. Civilization was built around the climate we have-along coastlines that may be washed away by storms and rising sea levels, around farmland and forests that may become less productive as water supplies diminish, and away from lowlands infested with insect-borne disease. Changing the climate puts the very organization of modem civilization at risk. The Swedish chemist Svante Arrhenius suggested in that increased levels of carbon dioxide in the atmosphere could warm the surface temperature of the Earth, the industrial revolution was in full swing. (1896). For the very first time policy measure for the climate change was seen in 1972. Accordingly Earth Resources has to be regulated in line with the aim of maintain the development opportunity. (Stockholm Conference 1972). The problem of climate change was attributed to Green House Gases. (Intergovernmental Panel on Climate Change, 1988). Frederic (1990) recognizes a collective interest in climate change that presumably extends well beyond the interests acknowledged at the Stockholm Conference on the Environment in 1972.Daniel (1991) raises concerned that because of climate change major disruptions would take place in many aspects of our environment. Ranee(1993) tried to analyze the Climate Change Convention and assess its significance within the global context of international problems which it attempted to resolve. Alex analyzes some of the critical legal and institutional issues

surrounding an international joint implementation program (1998). Ved (1999) discusses The Kyoto Protocol on Climate Change and the Challenges to Its Implementation. Svitlana (2007) highlighted: human rights approaches to climate change. Deepa (2008) asserted that the future of an effective climate regime, post2012, depends on three nations-China, India, and the United States of America. NAPCC (2008) launched with eight missions to address the issue of climate change. Deepa (2009) again reiterated the same. Arnim et al (2009) Climate projections for India suggest that impacts of climate change in India are likely to be varied, with some regions experiencing intense rainfall, flood, and storm risks, while other regions will encounter sparser rainfall and prolonged droughts. The impacts of climate change are likely to affect food production, water supply, coastal settlements and deltas, forest and mountain ecosystems, health, and energy security. India's rainfall patterns are particularly important because of the vast number of Indians who depend on rain-fed agriculture. Rising sea levels also pose a risk to coastal and fishing communities and river deltas. Autri and Karan (2010) asserted that India should abandon its present stand and negotiate to join a post 2012 International Agreement on Climate Change, provided it can secure a fair deal. Deepa (2011) argued that Nuclear based energy generation is good for India to combat climate change.

Objective of Research
The issue of Climate Change is at its peak today. Almost every country in the world is being pushed to address the issue of Climate Change. As the World Bank Suggests, Climate change is expected to hit developing countries the hardest13, the current study is being undertaken to analyse the issue of Climate Change along with the International Climate Change Regime. Further to evaluate the Indian regulatory and Policy framework for Climate Change. The Climate Change issue can be tackled only when the legal framework of a country is adequately addressing the concerned issue. In this light the study of Indian legal frame work with reference to climate change is the core research focus.

Hypothesis
1. Rise in Climate Change concern is likely to increase Indias role in International Climate Change Regime.

Statement of Problem
The present study is intended to focus upon the issue of Climate Change. The proposed exercise is attempted to know as to why issue of climate change is being considered most important than any other environmental concern. With the help of doctrinal methods, the study is endeavored to find out as to what are the
13

http://climatechange.worldbank.org/

developments at National level in light of international level to address the issue of climate change. This study aims at critically analyzing the Indian legal framework for climate change. This study has been geared on the key assumption that human led development is mainly responsible for climate change.

Research Design
In accordance with the objectives of the present study qualitative flexible doctrinal research design has been adopted. This has been done primarily with the help of literature available on the concerned area of study. The reports of committees and commissions have been analysed for better understanding of the research problem. Reason for choosing the aforesaid research Design The qualitative flexible doctrinal research design is being adopted as it gives liberty to the researcher to frame hypothesis and research questions while carrying out the research.

Data Collection
Secondary Data Collection

Time Line for Completion of Research Work

20 May 2013

Scheme of Dissertation 2. Climate Change and Raised Concern- An Overview

This chapter focuses on the definitions of climate change and their possible interpretation and relevance. And also highlight the areas, because of which climate change issue has become a matter of concern all over the world. This chapter tries to address the indicators of climate change.

3. International Regime on Climate Change

In this chapter the international legal instrument with reference to climate change is being discussed. And this also analyse the development of legal instrument on climate change till date.

4. India as a Key Player in Climate Change

This chapter tries to analyse the factors which makes India as one of the forerunner in addressing the climate change.

5. Statutory Frame work for Climate Change in India

In this Chapter the legislative framework is being discussed like Energy Act , 2000, The Air (Prevention and Control of Pollution) Act, 1981 The Indian Forest Act, 1927 Environment Protection Act- 1986

 Forest Conservation Act, 1980 Constitutional Framework etc (This list not exhaustive) And Supreme Courts verdicts have been discussed like CNG Vehicle case, T.N.Godavarman case etc.

6. Policy Frame Work for Climate Change in India

Under this head, government initiate policies have been discussed which help in combating the climate change problem National Forest Policy 1988 National Environmental Policy, 2006(NEP) National Action Plan for Climate Change 2008 National Policy on Biofuel 2009(NPB), National Action Programme to Combat Desertification National Mission for Enhanced Energy Efficiency (NMEEE approved by Government in June, 2010) National energy labeling program (NELP) for Air Conditioners National Mission on Sustainable Habitat Integrated Energy Policy(report) National Urban Transport Policy JNNURM

 Building Rating System (89) Inter_Expert National Mission for a Green India,( see details 103 Inter_Expert = Adobe
Number 103) Policy ke bare main likha hai

(This list not exhaustive)

7. Challenges for India

This chapter analyse the main challenges to tackle climate change i.e. population growth, energy demand, maintaining economic growth etc.

8. Suggestions
This includes the measure to be adopted to combat the issue of climate change, like technology transfer from developed country, strict enforcement of international instruments

9. Conclusion
The most secure basis for conservation is to ensure that people dependent on particular resources obtain better livelihoods from the fact of conservation than from degradation of the resource.

Bibliography
Books
PAUL Q WATCHMAN, CLIMATE CHANGE-A GUIDE TO CARBON LAW AND PRACTICE, (GLOBAL BUSINESS PUB. LTD.) 2008 MICHAEL R. REDCLIFT, DAVID MANUEL NAVARRET AND MARK PELLING, CLIMATE CHANGE AND HUMAN SECURITY THE CHALLENGE TO LOCAL GOVERNANCE UNDER RAPID COASTAL URBANISATION, (EDWARD ELGAR PUB.LTD.)(2011) MICHAEL FAURE AND MARJAN PEETERS, CLIMATE CHANGE LIABILITY, (EDWARD ELGAR PUB.LTD.)(2011) Articles Alex G. Hanafi, Joint Implementation: Legal and Institutional Issues for an Effective International Program to Combat Climate Change, 22 Harv. Envtl. L. Rev. 441(1998) Armin Rosencranz, Dllpreet Singh and Jahnavi G. Pai, Climate Change Adaptation, Policies, and Measures in India, 22 Geo. Int'l Envtl. L. Rev. 575 (2009-2010) Autri Saha and Karan Talwar, India's Response To Climate Change: The 2009 Copenhagen Summit And Beyond, 3 NUJS L. Rev. 159 (2010)

 Deepa Badrinarayan , Environmental Challenges of Climate-Nuclear Fusion: A Case Study of India, 29 UCLA J. Envtl. L. & Pol'y 129 (2011) Deepa Badrinarayana, India's Policy Priorities - Bleak Forecast for a Global Climate Regime?, 9 German L.J. 327 (2008) Deepa Badrinarayana, The Emerging Constitutional Challenge Of Climate Change: India In Perspective, 19 Fordham Envtl. L. Rev. 1 (2009) Frederic L. Kirgis, Jr., Standing To Challenge Human Endeavors That Could Change The Climate, 84 A.J.I.L. 525(1990) Malti Goel, Recent approaches in CO2 fixation research in India and future perspectives towards zero emission coal based power generation, Current Science, Vol. 97, No. 11, 10 December (2009) Rahul Saksena, Economic Growth And The Environment: India Confronts The Link Between Automobiles And Climate Change, 7 Sustainable Dev. L. & Pol'y 59 (2006-2007) Svitlana Kravchenko, Right To Carbon Or Right To Life: Human Rights Approaches To Climate Change, 9 Vt. J. Envtl. L. 513 (2007) Timothy E. Wirth, A Way Forward on Climate Change, 2 Harv. L. & Pol'y Rev. 313 (2008)

 Ved P. Nanda, The Kyoto Protocol on Climate Change and the Challenges to Its Implementation: A Commentary, 10 Colo. J. Int'l Envtl. L. & Pol'y 319 (1999) Reports Minsstry of Environment and Forest, ANNUAL REPORT 2011-12 Climate Change 2007: Synthesis Report