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KYOTO PROTOCOL & STATUTE REGARDING ENVIRONMENTAL PROTECTION IN INDIA Legal Environment Of Business
Team Members 2
A G Jain Anita Prajapati Master Govind Pooja Chauhan Tanisha Singh Vikas Jindal
Content 3
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 5
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 global warming, moving closer to the
Global Implication Contd..
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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 more often. The Arctic Ocean could be ice free in summer by 2050.
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n o s a e R n i Ma for s r e t s a s i D e s e h T
Climate Change 8
Rapid Industrial Growth Increased energy consumption Increased CO2 and other GHG emissions Global Warming due to increased concentration of GHG Increased Sea Level
Changes in wind and precipitation
Changes in Crop yields
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Remedial Measures
Kyoto Protocol 10
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. (by ratifying, accepting, approving, or acceding to it)
183 countries and one regional economic integration organization (the EEC) have
Time-Line 11
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 US remains a key non-signatory
The Kyoto Protocol sets legally binding targets for reducing green house gases (GHGs) – 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 % – India, China, and Brazil are classified as emerging countries and
exempted from this protocol
hence
Green House Gases 12
Green house gases (GHGs) are gases that result in global warming
6 GHGs are regulated under the Kyoto Protocol – – – – – –
Degree of warming caused by a specific GHG depends upon its CO2 equivalence (CO2e) Carbon dioxide (CO2) Methane (CH4) Nitrous oxide (N2O) Hydrofluorocarbons (HFCs) Perfulourocarbons (PFCs) Sulphur Hexafluoride (SF6)
There are at least 25 other gases, including chloroform, CO, and water vapour that influence climate-change
Above-mentioned six are key ones, that can be controlled by human intervention with relative ease
Global warming potential 13
Global warming potential (GWP) for the 6 GHGs are summarised below: GHG : Global Warming Potential
Hydrofluorcarbons (HFCs) : 140 – 11,700 Perfluorcarbons (PFCs) : 6500 – 9,200 Methane : 21 Nitrous oxide : 310 Sulphur hexafluoride : 23,900 Carbon dioxide : 1
GWP is the global warming impact that a GHG would have over a 100-year timeframe – By definition, CO2 is used as the reference benchmark, with GWP of 1
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CARBON CREDIT 15
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 – Carbon credit trading encourages emission reduction, provides financial
Kyoto Protocol Mechanism 16
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
Carbon Credits
Developing Countries
CDM Cont.. 20
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 One CER is equivalent to one tonne of
CER – Source of Generation 21
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.. 25
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 Scena rio
How Carbon Credit works? 27
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 28
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 being a major supplier of carbon credits, the tie-up between the two
India’s potential 30
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 Currently, the total registered CDM projects are more than 300, almost 1/3rd of the total CDM projects registered with the UNFCCC The total issued CERs with India as a host country till now stand at around 34 million, again around 1/3rd of the total CERs issued by the UNFCCC
Benefits of Carbon Trading 31
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 enough credibility
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Provisions in Indian Statute Regarding protection of Environment
Bhopal Gas Tragedy 33
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 Poor maintenance after the plant ceased production in the early 1980s Failure of several safety systems (due to poor maintenance and regulations)
Leads to:
Pre Tragedy Indian Statute 34
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 35
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 Resulting in flooding the adjacent coal mine with water
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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”. Rule to be Applicable Dangerous
things
Escape Non
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 that no harm results to anyone from such activity”.
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Environmental Law & Consitution Of India
Specific Provision for Environmental protection Article Article Article Article Article
19(1)(g)3 214 475 48A6 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 environmental protection
Bibliography 41
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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Queri es
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Than k you