Kyoto protocol and statute regarding environmental protection in india

Kyoto protocol and statute regarding environmental protection in india - Transcript

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Kyoto protocol statute regarding environmental protection in india Legal Environment Of

Team Members
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A G Jain Anita Prajapati Master Govind Pooja Chauhan Tanisha Singh Vikas Jindal

Content
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Global Warming its Implication Kyoto Protocol Carbon Credit Global Trading System Indian perspective


Indian StatutePre Tragedy Rule of Strict And Absolute Liability Environmental protection Act



Bibliography

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Global Implication
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The number of hurricanes has almost doubled in the last 30 years Malaria has spread to higher altitudes in places like the Colombian Andes 7 000 feet above sea level The flow of ice from glaciers in Greenland has more than doubled over the past decade At least 279 species of plants and animals are already responding to







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Global Implication Contd



Deaths from global warming will double in just 25 years to 300 000 people a year Global sea levels could rise by more than 20 feet with the loss of shelf ice in Greenland and Antarctica devastating coastal areas worldwide Heat waves will be more frequent and more intense Droughts and wildfires will occur







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eason ain R M for sters Disa hese T

Climate Change
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Rapid Industrial Growth Increased energy consumption Increased CO2 and other GHG emissions Global Warming due to increased concentration of GHG Changes in wind
and precipitation Changes in Crop yields

Increased Sea Level

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Remedial Measures

Kyoto Protocol
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An amendment to the international treaty on climate change assigning mandatory targets for the reduction of greenhouse gas emissions to signatory nations Only Parties to the Convention that have also become Parties to the Protocol will be bound by the Protocol s commitments



Time Line
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May 1992 UN FCCC establishes framework for containing global warming Dec 1997 Following intense negotiations in Kyoto Japan a protocol is agreed upon by over 100 countries Feb 2005 141 countries including EU Japan Canada and Russia sign the Kyoto Protocol and it gets ratified w e f 16Feb 05 The Kyoto Protocol sets legally binding targets for reducing green house gases GHGs





The US remains a key non signatory


Developed countries have a target to reduce GHG emissions by 5 2 below 1990 levels by year 2012 EU members committed to reduce their average emissions by 8

Green House Gases
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Green house gases GHGs are gases that result in global warming


Degree of warming caused by a specific GHG depends upon its CO2 equivalence CO2e



6 GHGs are regulated under the Kyoto Protocol

Carbon dioxide CO2 Methane CH4 Nitrous oxide N2O

Global warming potential
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Global warming potential GWP for the 6 GHGs are summarised below GHG


Global Warming Potential
140 6500 9 200

Hydrofluorcarbons HFCs 11 700 Perfluorcarbons PFCs Methane Nitrous oxide 21 310



Sulphur hexafluoride

23 900

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CARBON CREDIT
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Carbon credits are certificates issued to countries that reduce their GHG emissions

One credit 1 tonne of CO2 or CO2 equivalent reduced


Surplus credits result when a country overshoots its reduction target

These can be traded with countries facing a shortfall in target able to buy and meet their targets

Kyoto Protocol Mechanism
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The Protocol allows developed countries to reach their targets in different ways through Flexibility Mechanism


Joint Implementation JI Clean Development Mechanism CDM Emission Trading ET

K P Mechanism Contd 17 UNFCCC KP

PROJECT BASED CDM Developed Developing Countries Carbon Reduction Units CER

ALLOWANCE BASED

JI Between Developed Countries Emission Reduction Units ERU

IET Between Developed Countries Assigned amount units AAU

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1 International Emission K P Mechanism Contd Trading


Emissions trading ET is a mechanism that enables countries with legally binding emission targets to buy and sell emissions allowances among themselves Each country has a certain number of emission allowances amount of carbon dioxide it can emit in line with its Kyoto reduction targets The IET allows industrialized countries to trade their surplus credits on the international carbon credit market





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2 Clean Development K P Mechanism Contd Mechanism
Technology Transfer project Financing

Developed Countries

CDM

Developing Countries

Carbon Credits

CDM Cont
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The purpose of CDM is reduce to emissions and also contribute to sustainable development in developing countries The CDM is administered by the CDM Executive Board CDM Board which reports and is accountable to the Conference of Parties COP A Carbon emission reduction CER is given by the CDM Executive Board





CER Source of Generation
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Industries like


Agriculture Energy renewable non renewable sources Manufacturing Metal production Mining and mineral production Chemicals Afforestation reforestation



3 Joint Implementation
K P Mechanism Contd 22


Projects between industrialized nations to earn emission offsets It is done because of geographical or cost implications Emission reduction units ERUs created through joint implementation is treated in the same way as those from emissions trading





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GLOBAL TRADING SYSTEM

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European Union Emission Trading Scheme


The European Union Emission Trading Scheme EU ETS is the largest multinational greenhouse emissions scheme in the world It commenced trading in 2005 Under Kyoto EU committed to reduce 8 1990 levels of emissions in 2008 to 2012



EU ETS Cont
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The Kyoto protocol sets targets to countries The States list down the amount and method of allocating allowances to facilities under NAP The total allowances granted Kyoto target Determinants of demand Volumes are tracked by National registries







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Indian Scenario

How Carbon Credit works
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An Example


British Petroleum in UK emitting more than the accepted norms of UNFCCC Tie up with Subsidiary in India or China Under CDM The credits arising out of the use of the new technology are sold to counterparts in Europe Thus a carbon credit market is created







Carbon trading in India
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Bilateral trade No fixed norms of emission reduction by government Potential Participants Registry



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Carbon Trading in India cont


Multi Commodity Exchange of India Ltd MCX entered into a strategic alliance with CCX in September 2005 to initiate carbon trading in India Offers Mini version of ECX CFI CCFE SFI The tie up would provide immense scope and opportunity for domestic suppliers to realize better prices for their carbon credits





India s potential
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India Non Annexure I country has a large scope in emissions trading India and china together contribute to 5 billion of the global carbon trade estimated at 30billion It is one of the leading generators of CERs through CDM Analysts forecast that its trading in carbon credits would touch US 100 billion by 2010







Benefits of Carbon Trading
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Sellers and intermediaries can hedge against price risk There is no counterparty risk as the Exchange guarantees the trade The price discovery on the Exchange platform ensures a fair price for both the buyer and the seller Players are brought to a single platform thus eliminating the laborious process of identifying either buyers or sellers with







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Provisions in Indian Statute Regarding protection of Environment

Bhopal Gas Tragedy
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In city Heart Of India named Bhopal UCIL Exposing 520 000 people to toxic gases Over 22 000 people died


Due to The use of hazardous chemicals MIC instead of less dangerous ones Storing these chemicals in large tanks instead of several smaller ones Possible corroding material in pipelines





Pre Tragedy Indian Statute
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The Water Prevention and control of Pollution Act 1974 The Air Prevention and control of Pollution Act 1981 Forest Conservation Act 1980 The Wild Life Protection Act 1972





Rule Of Strict liability
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Formulated by House of Lords in 1868 Continues to be in Force in India under Article 372 of Indian Constitution Available under Law Of Torts Rylands vs Fletcher Case
Construction



of Reservoir through independent

Contractor
Old

Disused Shaft were neglected on the site in flooding the adjacent coal mine with water

Resulting

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The Rule


If a person brings on his land anything which is likely to do Mischief if it escapes He will be Prima Facie answerable for the damage cause by its escape even though he was not negligent
Dangerous Escape Non

Rule to be Applicable
things

Natural use of land

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Exception to Strict Liability


Plaintiff s Own Default Act Of God Consent of the Plaintiff Act of third Party Statutory Authority

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Post Tragedy Rule of Absolute Liability


Due to failure of Rule of Strict Liability for its exception M C Mehta vs Union of India case By Supreme Court in 1987 The Rule




When an enterprise is engaged in a hazardous or inherently dangerous industry which posses a potential threat to the health and safety of people it owes an absolute and non delegable Duty to ensure

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Environmental Law Consitution Of India


Specific Provision for Environmental protection


Article 19 1 g 3 Article 214 Article 475 Article 48A6 Article 51A g 7

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THE ENVIRONMENT PROTECTION ACT 1986


Scope and Scheme of the Act


Come into force on 19 Nov 1986 Extends to whole of India Fixes responsibility on person s carrying on Industrial operations or Handling Hazardous substances To comply with certain Safety norms for prevention control and abatement of Environmental pollution Granted power to Central Govt for





Bibliography
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http www bbcnews com http www ssrn com http www karvy com http www headwaycapitaladvisor com http www baker mckenzie com http www ccnnews com Economic Labour Industrial law by ICSI Economic law by V S Datey

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Queries

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