No CrossRef data available.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 06 March 2019
The future of an effective climate regime, post-2012, depends on three nations—China, India, and the United States of America. While a deadlock persists when it comes to the question of accepting binding international legal obligations for targeted reduction of greenhouse gas (GHG) emissions, all three countries favor action to address climate change. Nationally, each country is exploring a range of policy and legislative options to retard carbon emissions, especially by promoting alternative energy options and energy efficiency.
1 Spotlight on China and India as delegates gather for U.N. global warming summit in Bali, International Herald Tribunal (December 1, 2007), available at http://www.iht.com/articles/ap/2007/12/02/asia/AS-GEN-Bali-India-and-China.php.Google Scholar
2 See generally, C. Boyden Gray, U.S. Ambassador to the European Union, Foreign Press Center Briefing, Washington D.C. (December 18, 2007), available at http://fpc.state.gov/fpc/97780.htm. For an overview of China's policy, see, Yang Zhang and Yongnian Zheng, New Development in China's Climate Change Policy, University of New South Wales Faculty of Law Research Series (2007), available at http://law.bepress.com/unswwps/flrps/art73.Google Scholar
3 For an outline of U.S. policy, see U.S. Climate Policy and Actions, U.S. Environmental Protection Agency, available at http://www.epa.gov/climatechange/policy/index.html. For an overview of China's policy, see Yang Zhang and Yongnian Zheng, New Development in China's Climate Change Policy, University of New South Wales Faculty of Law Research Series (2007), available at http://law.bepress.com/unswwps/flrps/art73. India's climate policy is discussed later in this article.Google Scholar
4 See generally Vijay Joshi & I.M.D. Little, India's Economic Reforms 1991-2001, (1996). Until the 1990s, India was a closed economy, in favor of protecting its national industry from global competition.Google Scholar
5 Reserve Bank of India Press Release, RBI Increases Cash Reserve Ratio (February 13, 2007), available at http://www.rbi.org.in/scripts/BS_ViewBulletin.aspx?Id=8333. In fact, in the past three years, India has posted a growth of about 9%, which may slow down to 8.4% in 2008. IMF, infra note 6.Google Scholar
6 World Economic Outlook, Globalization and Inequity, International Monetary Fund, xi (October 2007), available at http://www.imf.org/external/pubs/ft/weo/2007/02/pdf/text.pdf.Google Scholar
7 Id.Google Scholar
8 See OECD invites five countries to membership talks, offers enhanced engagement to other big players, Council Resolution on Enlargement and Enhanced Engagement (16 May 2007), available at http://www.oecd.org/document/33/0,3343,en_33873108_39418537_38603809_1_1_1_1,00.html.Google Scholar
9 See Economic Survey of India, Policy Brief, Organization for Economic Cooperation and Development (October 2007), available at http://www.oecd.org/dataoecd/17/52/39452196.pdf Google Scholar
10 See e.g. Anand Ghiridharadas, Mittal's Stormy Quest for Arcelor, International Tribune, June 27, 2006, http://www.iht.com/articles/2006/06/25/yourmoney/mittal.php.Google Scholar
11 See Bryce G. Hoffman, Ford Picks Tata as Top Bidder for Jaguar, Land Rover, The Detroit News, January 3, 2008, available at http://www.detnews.com/apps/pbcs.dll/article?AID=/20080103/UPDATE/801030436/1148/AUTO01Google Scholar
12 See Anand Ghiridharadas, The Making of Tata's New Car, International Herald Tribunal, January 7, 2008, available at http://www.iht.com/articles/2008/01/07/business/car.php.Google Scholar
13 In fact, by now several Indian companies are “outsourcing” the outsourced work into the United States. See Anand Ghiridharadas, Outsourcing Works, So India Exporting Jobs, The New York Times, September 25, 2007, available at http://www.nytimes.com/2007/09/25/business/worldbusiness/25outsource.html Google Scholar
14 Supra note 9.Google Scholar
15 The Planning Commission of India estimates that India will require seven or more times its current electricity supply to sustain its 8-10% GDP growth through 2031. See Integrated Energy Policy, Report of the Expert Committee, Planning Commission, Government of India (August 2006), available at http://planningcommission.nic.in/reports/genrep/rep_intengy.pdf Google Scholar
16 See, e.g., India: Meeting New Expectations, India Country Report No. 07/63, India Economic Summit, World Economic Forum, New Delhi (26-28 November 2006).Google Scholar
17 The Planning Commission of India estimates that India will require seven or more times its current electricity supply to sustain its 8-10% GDP growth through 2031. See Integrated Energy Policy, Report of the Expert Committee, Planning Commission, Government of India (August 2006), available at http://planningcommission.nic.in/reports/genrep/rep_intengy.pdf Google Scholar
18 World Energy Outlook, 2007, China and India, International Energy Agency, available at http://www.iea.org/Textbase/npsum/WEO2007SUM.pdf Google Scholar
19 Id.Google Scholar
20 See Energy Information Analysis, Country Analysis Brief, India (January 30, 2007), available at http://www.eia.doe.gov/emeu/cabs/India/pdf.pdf, hereafter EIA Country Analysis Brief.Google Scholar
21 Id.Google Scholar
22 Supra note 20.Google Scholar
23 Energy Information Agency, Report#: DOE/EIA-O484 (2002), International Energy Outlook 2002 (March 26, 2002), available at http://www.eia.doe.gov/oiaf/archive/ieo02/coalbox_txt.html Google Scholar
24 Energy Information Agency, International Energy Outlook 2002, Coal, available at http://www.eia.doe.gov/oiaf/archive/ieo02/pdf/coal.pdf Google Scholar
25 Id.Google Scholar
26 Construction of storage tanks in the coastal region of Mangalore has already commenced under the supervision of the State-controlled company, Oil Industry Development Board, EIA Country Analysis Brief, supra note 20.Google Scholar
27 See Fourth Assessment Report, Climate Change 2007: Synthesis Report, Summary for Policy Makers, Intergovernmental Panel on Climate Change, available at http://www.ipcc.ch/pdf/assessment-report/ar4/syr/ar4_syr_spm.pdf.Google Scholar
28 U.S. Environmental Protection Agency, Human-Related Sources and Sinks of Carbon Dioxide, available at http://www.epa.gov/climatechange/emissions/co2_human.html#fossil Google Scholar
29 Intergovernmental Panel on Climate Change, Contribution of Working Group I to the Third Assessment Report of the Intergovernmental Panel on Climate Change 2001: The Scientific Basis, available at http://www.ipcc.ch/ipccreports/tar/wg1/100.htm Google Scholar
30 Supra note 27.Google Scholar
31 Intergovernmental Panel on Climate Change, Contribution of Working Group II to the Third Assessment Report of the Intergovernmental Panel of Climate Change 2001: Impacts, Adaptability and Vulnerability, available at http://www.ipcc.ch/ipccreports/tar/wg2/index.htm Google Scholar
32 Id.Google Scholar
33 Id.Google Scholar
34 Id.Google Scholar
35 Id.Google Scholar
36 Rivers could either flood or recede significantly, as indicated by studies conducted on the river basins of Krishna and Mahanadi. See A. K. Gosain, Sandhya Rao, and Debajit Basuray, Climate Change Impact Assessment on Hydrology of Indian River Basins, 90 Current Science (No. 3, February 10, 2006).Google Scholar
37 Short crop durations are predicted to decrease yields. See Sathaye, Jayant, Shukla, P.R. and Ravindranath, N.H., Climate Change, Sustainable Development and India: Global and National Concerns, 90 Current Science, (No. 3, February 10, 2006).Google Scholar
38 The damage to biodiversity hotspots could be irreversible. See N.H. Ravindranath, N.V. Joshi, R. Sukumar, and A. Saxena, Impact of Climate Change on Forests in India, 90 Current Science (No. 3, February 10, 2006). See also, Climate Change Impacts on Industry in India, Keysheet 8, IIM Ahmadabad Report, available at http://www.defra.gov.uk/environment/climatechange/internat/devcountry/pdf/india-climate-8-industry.pdf.Google Scholar
39 Extreme sea-level rise could threaten life and property in coastal regions, as also increase in cyclones. See A.S. Unnikrishnan, K. Rupa Kumar, Sharon E. Fernandes, G.S. Michael and S.K. Patwardhan, Sea Level Changes Along the Indian Coast: Observation and Projections, 90 Current Science, (No. 3, February 10, 2006).Google Scholar
40 Malaria-carrying vectors are particularly worrisome. See Bhattacharya, Sumana, Sharma, C., Dhiman, R.C. and Mitra, A.P., Climate Change and Malaria in India, 90 Current Science (No. 3, February 10, 2006). See also Health Ministry Warns Spurt in Diseases, The Indian Express, May 16, 2007.Google Scholar
41 Wax, Emily, A Sacred River Endangered by Global Warming, The Washington Post, June 17, 2007, at A14.Google Scholar
42 Harrabin, Roger, How Climate Change Hits India's Poor, BBC News, 1 February 2007.Google Scholar
43 See generally, National Security and the Threat of Climate Change, CNA Corporation, pp 16-18, available at http://securityandclimate.cna.org. (CNA Report).Google Scholar
44 The Little Green Data Book, World Bank, 2007, available at http://siteresources.worldbank.org/INTDATASTA/64199955-1178226923002/21322619/LGDB2007.pdf Google Scholar
45 See Climate Change Performance Index 2008, German Watch, available at http://www.germanwatch.org/klima/ccpi2008.pdf.Google Scholar
46 See P.R. Shukla, Rajesh Nair, Manmohan Kapshe, Amit Garg, S. Balasubramaniam, Deepa Menon, and K.K. Sharma, Development and Climate: An Assessment of India, Indian Institute of Management, Ahmadabad (2003) (on file with author).Google Scholar
47 See Sathaye, supra note 37.Google Scholar
48 See Economic and Policy Reforms in India, National Council of Applied Economic Research, 2002 (on file with author); Vijay Joshi, supra note 4.Google Scholar
49 India: 2006 Article IV Consultation—Staff Report, Staff Statement, and Public Information Notice on the Executive Board Discussion, IMF Country Report No. 07/63, International Monetary Fund (February 2007).Google Scholar
50 Foreign Trade Policy, 1st September 20040-1st March 2009, Notification No. 1 (RE-2006)/2004-2009, New Delhi, 7 April 2006 (with effect from 1 April 2006).Google Scholar
51 Id.Google Scholar
52 See Annual Report 2004-2005, Ministry of Commerce and Industry, available at http://commerce.nic.in/traderemedies/annualreport.asp.Google Scholar
53 Supra note 49.Google Scholar
54 FDIs have been facilitated by a series of policy measures. For an overview of how FDIs in India, see Manual of Foreign Direct Investment in India, Policy and Procedures, Secretariat for Industrial Assistance, Department of Industrial Policy and Promotion, Department of Industry and Commerce (May 2003), available at http://dipp.nic.in/manual/manual_0403.pdf Google Scholar
55 Supra note 20.Google Scholar
56 Id.Google Scholar
57 India has also started several new projects for import of natural gas, including projects to construct pipeline with Iran-Pakistan, Turkmenistan-Afghanistan-Pakistan, and Myanmar. EIA Country Analysis Brief, supra note 20.Google Scholar
58 Id.Google Scholar
59 MDPM replaces the Administered Price Mechanism (APM), under which the Government determined the prices. Id.Google Scholar
60 See generally Timmons, Heather, Citing Oil Prices, Asia Starts Reducing Fuel Subsidies, The New York Times, Nov. 2, 2007, available at http://www.nytimes.com/2007/11/02/business/02fuel.html. However, the Government continues to subsidize fuels for consumers, driving several private refiners such as Reliance Petroleum to export their products. Supra note 20.Google Scholar
61 The Electricity (Amendment) Act, 2003, No. 57 of 2003.Google Scholar
62 Measures to drive up investments include a fixed return of 16% on investment, removing licensing requirements to operate and maintain power-generation stations, participation in distribution and transmission with license from a newly created Central Electricity Regulatory Commission (CERC), provision for selling power directly without government intervention, and the creation of a separate Appellate Tribunal for Electricity. See Mark J. Reidy and Andrews Kurth, Project Finance India, 1587 Practicing Law Institute 143 (2007).Google Scholar
63 Nelivigi, Nandan, Peel, Doug, and Krishnamoorthy, Christopher, Infrastructure Project Finance in India: Recent Developments, 1587 Practicing Law Institute, 133 (2007).Google Scholar
64 Id.Google Scholar
65 See Reidy, and Kurth, , supra note 62.Google Scholar
66 Id.Google Scholar
67 Report on Reforming Investment Approval and Implementation Procedures, Part-I (Investment Approval Procedures-Government and Public Sector Projects), Government of India, May 2002.Google Scholar
68 The Energy Conservation Act, 2001, No. 52 of 2001, Ministry of Law, Justice and Company Affairs, Sec. 1, The Gazette of India Extraordinary 3.Google Scholar
69 These include the Ministries of Power, Petroleum and Natural Gas, Coal, Non-conventional Energy Sources, Atomic Energy, Consumer Affairs, Central Electricity Authority, Commerce and Industry of Kolkata, the Central Mine Planning and Design Institute, the Bureau of Indian Standards, and the Central Power Institute of Karnataka. See Section 4 of the Energy Conservation Act, supra note 68.Google Scholar
70 Section 30, Energy Conservation Act, 2001, The Gazette of India, Extraordinary, NO. 60, New Delhi, October 1, 2001, available at http://powermin.nic.in:80/acts_notification/pdf/ecact2001.pdfGoogle Scholar
71 Id.Google Scholar
72 For a comprehensive overview of the powers and functions of the Bureau, see http://www.bee-india.nic.in Google Scholar
73 The Ministry began as the Department of Non-Conventional Energy Sources within the Ministry of Energy, which was established in the 1980s to ensure energy security during the oil crisis in the 1970s. The Department became a separate Ministry of Non-Conventional Energy Sources in 1992 and was renamed the Ministry of New and Renewable Energy in 2006. See Ministry of Renewable Energy, Annual Report 2005-2006. See also Administrative Circular Notification, NO. 24/1/1993-Admn.II, Government of India, October 20, 2006.Google Scholar
74 Id.Google Scholar
75 India, France to Sign Nuclear Deal, Business Standard, New Delhi, January 26, 2008, available at http://www.business-standard.com/common/news_article.php?leftnm=3&autono=311767.Google Scholar
76 See VandeHei, Jim and Linzer, Dafna, U.S., India Reach Deal on Nuclear Cooperation, The Washington Post, March 3, 2006, at A1.Google Scholar
77 See Clean Development Mechanism of India, http://cdmindia.nic.in Google Scholar
78 Per capita emission is defined in terms of total emissions (excluding land-use) Units—thousands metric tones of carbon dioxide consumption per capita per 1000 population, see The World's Top Emitters, Center for American Progress, Sept. 21, 2007, available at http://www.americanprogress.org/issues/2007/09/emissions.html. For a list of countries with high per capita emissions, see CO2 Emissions (per capita) (most recent) by Country, NationMaster, available at http://www.nationmaster.com/graph/env_co2_emi_percap-environmentco2-emissions-per-capita. A listing of countries in the order of per capita emissions is available at http://www.ucsusa.org/global_warming/science/each-country-share-of-co2-emissions.html.Google Scholar
79 Annex I countries are required to reduce their GHG emission by specific percentages below their 1990 levels under Article 2 of United Nations Convention on Climate Change, Dec. 10 1997, 37 I.L.M. 32.Google Scholar
80 See Article 12, Kyoto Protocol to the United Nations Convention on Climate Change, Dec. 10 1997, 37 Int'l Legal Materials 32, available at http://unfccc.int/resource/docs/convkp/kpeng.pdf Google Scholar
81 The Authority was established by an Order of the Joint Secretary, as required under UNFCCC. Ministry of Environment and Forests, Order, New Delhi, the 16th April, 2004, S.O. 515 (E), F.No. 4/5/2003-CCC, issued by R.K. Viash, Joint Secretary, available at http://envfor.nic.in/news/aprjun04/so515e.doc.Google Scholar
82 See National CDM Authority, CDM India: Designated National Authority, available at http://cdmindia.nic.in/cdm_india.htm Google Scholar
83 See, e.g., UK-India Collaboration to Identify the Barriers to the Transfer of Low Carbon Energy Technology, University of Sussex, The Energy and Resources Institute, and Institute of Development Studies, October 2006 (on file with author).Google Scholar
84 PM's Council on Climate Change constituted, Press Release, Prime Minister of India's Office, June 5, 2007, available at http://pmindia.nic.in/prelease/pcontent.asp?id=585.Google Scholar
85 See Khosa, Aasha, Draft Climate Change Report This Month, The Business Standard, February 20, 2008, available at http://www.business-standard.com/common/news_article.php?leftnm=3&autono=314119.Google Scholar
86 For instance, the former President of India Abdul Kalam noted the importance of energy efficiency to energy independence, stating “Energy independence [was] the lifeline of [the] nation,” but not referring to the nexus with global warming. See Address at the Inauguration of The South Asian Conference on Renewable Energy, New Delhi, 18th April 2006.Google Scholar
87 For example, in 1988 the Ministry of Environment and Forests adopted the National Forest Policy under the Forest (Conservation) Act, 1980, and launched a series of afforestation and reforestation programs through community partnerships—the Joint Forest Management Programs. However, much needs to be done yet in terms of conservation of species and gene pools, and drawing up comprehensive forest management plans. See e.g. Rosencranz, Armin, Boenig, Edward, and Dutta, Brinda, The Godavarman Case: The Indian Supreme Court's Breach of Constitutional Boundaries in Managing India's Forests, 37 Environmental Law Reporter 10032 (January 2007).Google Scholar
88 See Jayalakshmi, K., Biofuels and the Need for Caution, Deccan Herald, Tuesday May 29, 2007, page 3. The government's interest in promoting biofuels is evident in its efforts to establish a National Mission on Biofuels by 2011-2012. See Preety Bhandari, India's Pragmatic Approach to Climate Change, Science and Development Network, 31 August 2006, http://www.scidev.net/Opinions/index.cfm?fuseaction=readOpinions&itemid=518&language=1.Google Scholar
89 India's reluctance to adopt any pollution-reduction measure was articulated by Prime Minister Manmohan Singh in a recent address in which he stressed the importance of climate change and assuring that India's per capita emissions would not surpass that of industrialized nations, implicitly conveying that no emissions control measures would be taken. Mukherjee, Krittivas, India's Climate Change Roadmap to be ready in June, Reuters UK, February 7, 2008, available at http://uk.reuters.com/article/oilRpt/idUKSP28730620080207?pageNumber=3&virtualBrandChannel=0&sp=true.Google Scholar
90 For instance, the government passed legislation adopting the Euro Emissions II standards for all road vehicles, following litigation before the Supreme Court of India. See M.C. Mehta v. Union of India and Others, WP 13020/1985 (1999.04.06). Litigation, however, may not be the answers to many of the concerns either. See e.g. Pachauri, R.K., Clearing the Way: Many Roadblocks on the CNG Route, The Times of India, 1 September 2001.Google Scholar
91 See generally India's Initial Communications to the United Nations Framework Convention on Climate Change, Ministry of Environment and Forests, New Delhi, 2004, available at http://unfccc.int/resource/docs/natc/indnc1.pdf.Google Scholar
92 The Government is currently exploring insurance and technology solutions to address the issue. See Climate Change Dialogue India Country Presentation, Sethi, Surya P., Adviser, Energy Planning Commission, India, May 2006 (on file with author).Google Scholar
93 See generally PM Reviews India's Response to Tsunami, December 24, 2005, available at http://pmindia.nic.in/tsunamireview_body.htm; Indian Monsoon Death Toll Soars, BBC News, 28 July 2005.Google Scholar
94 See Sathe, S.P., Judicial Activism: The Indian Experience, 6 Washington University Journal of Law and Policy 29, 38 (2001),Google Scholar
95 See Honorable Mr. Justice Sabharwal, Y.K., Chief Justice of India, Speech at the Inauguration of the Joint Conference of Chief Justices and Chief Ministers, March 11, 2006, available at http://supremecourtofindia.nic.in/news_links/cji11_3_06.doc. See also Dr. Jayaprakash Narayan, Judicial Reforms—Need of the Hour, Loksatta Research Paper, available at http://www.loksatta.org/Jud%20Reform.pdf Google Scholar
You have
Access