India's Role in the Post-Kyoto Regime

Ellen Shaw and Kalipada Chatterjee 

A Curtain Raiser to the Climate Change Conference in Buenos Aires during November 1998

Last December in Kyoto, delegates from more than 150 countries assembled for one purpose: to forge a global climate change regime that would limit anthropogenically produced greenhouse gases (GHGs), to protect the world’s most vital asset — the atmosphere — for future generations.  In 1992, this same group of countries wrote and agreed upon the United Nations Framework Convention on Climate Change (FCCC), which laid the groundwork for control of emissions; the Kyoto Protocol was built upon this framework to begin in earnest a global climate change regime.  The primary objective of the delegates at the Kyoto meeting was to agree upon legally binding commitments for Annex I countries to reduce their GHG emissions by targeted percentages, and a timeframe in which these reductions would occur.  (See Chatterjee, Kalipada, “COP 3: In the Land of the Rising Sun,” Development Alternatives Newsletter, vol. 8 no. 1, January 1998 and “In the Land of the Rising Sun, Part II,” Development Alternatives Newsletter, vol. 8 no. 3, March 1998, for an account of the Kyoto conference.) 

In November, the Conference of Parties are meeting once again to clarify, refine and build upon the Kyoto Protocol.  Several issues under discussion now, are of significant importance to India; two of the most important ones are the Clean Development Mechanism and the question of developing country commitments to emission reductions.


Cooperative Mechanisms

To assist Annex I countries in their efforts to reduce their GHG emissions, three cooperative mechanisms emerged from the Kyoto conference: the Clean Development Mechanism (CDM), Joint Implementation (JI), and Emission Trading (ET).  Of these three, the CDM is  most important to developing countries like India; the others pertain to projects between Annex I countries only.

The CDM, known as the “Kyoto Surprise,” emerged in Kyoto as a way to provide for transfer of improved technology from Annex I countries to non-annex I countries.  In return, the Annex I country partner would earn emission “credits” for any emissions saved through the imported technology. 

The CDM is quite controversial, because many people in developing countries see it as a loophole for Annex I countries to escape decisive domestic action.  Overuse and abuse of the CDM, it is feared, could remove incentives for industrialised countries to develop a new and better technology, as well as discourage sincere domestic efforts at emission reduction among Annex I countries.  Some also fear that such a mechanism in the private sector, without proper government control and monitoring, could be misused to import inappropriate technology and saddle developing countries with technology they can not use or adapt to their own needs.

The CDM , however, does present several advantages for developing countries like India.  It is an opportunity for developing countries to acquire a new technology,  secure CDM funds and develop their economies more efficiently than was previously expected.  More important, the new technology would be accompanied by foreign loans and equity capital, management, marketing, and technological capability — “capacity building,” in protocol parlance.  India’s first goal is development; climate change mitigation is a secondary concern.  But the CDM is intended to profit both environment and development — a “win-win” situation for all parties involved.

The CDM is not an entirely new idea; an existing cooperative mechanism, Activities Implemented Jointly (AIJ), is already in operation in several countries around the world. AIJ was the original “flexibility” mechanism of the climate change discussions, and was intended to be a temporary, experimental phase of joint implementation. The idea behind AIJ was for countries with energy efficient technologies to begin transferring these technologies to other countries whose technological resources were limited or outdated. 

The AIJ pilot phase is to end in the year 2000; the advantage would be early establishment of working relationships, and knowledge gained as to how technology transfers may realistically work.  After 2000, AIJ projects will segue into the CDM.  It is hoped that the lessons learned in AIJ will facilitate the design of CDM projects; AIJ facilitation centres are an important part of AIJ, acting as communication channels for existing pilot projects and providing information about starting new ones.

Though the CDM will not begin until 2000, there is immense interest in it because it offers something AIJ doesn’t: it will allow industrialised countries to claim carbon credits for the difference in emissions between their technology and the partner country’s baseline emissions.  The developing country would, in turn, be able to accelerate its development, but do so more cleanly.

There are currently five AIJ pilot projects approved in India; it is hoped that these five projects and more can be used to learn how cooperative mechanisms work.  The AIJ projects are supposed to ease the transition into the CDM, helping India to fulfil its hopes for sustainable development.


GHG Reduction Commitments

The Annex I countries — industrialised and former Eastern Bloc countries — agreed in the Framework Convention on Climate Change that the problem of global climate change is primarily their responsibility, and that they alone, for the time being, should take steps to address it.  Article 4, Paragraph 7 of the FCCC states:

“The extent to which developing country Parties will effectively implement their commitments under the Convention will depend on the effective implementation by developed country Parties of their commitments under the Convention related to financial resources and transfer of technology and will take fully into account that economic and social development and poverty eradication are the first and overriding priorities of the developing country Parties.”

Both the FCCC and the Kyoto Protocol are less strict toward developing countries, recognising that they have not historically been the primary producers of greenhouse gases, and that they do not have the financial resources at present to address the problem in earnest.  Instead, Annex I countries are obliged to contribute financial and technological resources to assist poor countries in their general commitment toward clean development.

At Kyoto, however, some Annex I countries with the highest emission levels threatened not to ratify the Protocol without commitments from some developing countries, namely India, China, Brazil and Mexico.  During the Kyoto negotiations, India maintained — as a poor country with a per capita GDP of around US$300 and relatively low per capita GHG emissions — that climate change should not be its priority, and that the country has more immediate, pressing issues to address first.  Delegates pointed out that they were not to face commitments at present, as specified in the FCCC. 

Despite these arguments, the conflict over whether certain developing countries should make commitments is likely to play an important role in the November climate change meeting in Buenos Aires.  This issue is crucial, because the Kyoto Protocol cannot go into effect as a legally binding international agreement without ratification by at least 55 per cent of the countries involved in these discussions, representing at least 55 per cent of global GHG emissions.  In other words, without ratification by key Annex-I countries that are now pressurising developing countries for a commitment, the Protocol will not go into effect.

India has a significant role to play in the discussion of climate change — from the impact it will have on vulnerable developing countries, to learning more about how countries can work toward mitigation.  But the Indian delegation must prepare its answer to the question of developing country commitments, to persuade others that a) developing countries have more pressing priorities for the use of their limited funds; b) the Annex I countries have already made a commitment and agreed not to require commitments from developing countries initially; c) if Annex I countries expect developing countries to participate, they must contribute both appropriate funds and technology to assist in the process.

In addition, India can provide proof that it has already invested considerably in sustainable development and energy efficiency. Its legal and institutional framework, as well as its cultural heritage, emphasise the importance of environmental protection.  Since 1990, for example, India has become one of the world’s top five countries in wind energy ; biogas is already promoted heavily in rural areas ; and solar energy research is on the rise.  These facts show that India is working in earnest toward clean development, even without binding commitments to lower emissions. 

But regardless of India’s actions, the fact remains that Annex I countries agreed in both the FCCC and the Kyoto Protocol that they recognised the special circumstances of developing countries, and that they would take the first official steps toward climate change mitigation. Direct, unified action and lobbying by developing countries will be a key element to persuade Annex I countries to take all necessary steps to reduce their domestic GHG emissions.  India’s delegation should take a leading role among developing countries to emphasise this, and to design a compliance mechanism that will ensure Annex I countries adhere to their commitments.  q

This article is excerpted from Shaw, Ellen and Kalipada Chatterjee's document titled,
“India’s Role in the Development of Global Climate Change Policy”, 
Development Alternatives, New Delhi, 1998.

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