9.Convention on Biological Diversity (CBD):
Background and Legal Status:
- Became a legally binding treaty on December 29, 1993.
- Currently has 196 parties and 168 signatories, including India.
- Almost all nations have ratified the CBD, with the notable exception of the United States, which has signed but not ratified it.
CBD Secretariat and Operations:
- The CBD Secretariat is based in Montreal, Canada.
- Operates under the United Nations Environment Programme (UNEP).
Key Protocols:
- Cartagena Protocol on Biosafety:
- Adopted during COP 5 on January 29, 2000.
- Came into force on September 11, 2003.
- Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS):
- Adopted on October 29, 2010, in Nagoya, Japan, at COP10.
- Entered into force on October 12, 2014.
Strategic Plan and Targets:
- COP-10 adopted the ten-year framework known as the “Strategic Plan for Biodiversity 2011-2020.”
- This plan includes 20 ambitious yet achievable targets collectively known as the Aichi Targets for biodiversity.
National Implementation:
- India enacted the Biological Diversity Act in 2002 to give effect to the provisions of the CBD.
Global Perspective:
- The CBD focuses on three main goals:
- Conservation of biological diversity.
- Sustainable use of the components of biological diversity.
- Fair and equitable sharing of benefits arising from the utilization of genetic resources.
International Participation:
- Apart from the United States, all UN member states are parties to the CBD.
9(A).Nagoya Protocol:
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) stands as a supplementary agreement to the UN Convention on Biological Diversity (CBD).
- Adopted in 2010 in Nagoya, Japan.
- Entered into force in October 2014.
Objectives of the Protocol:
The primary objective of the Nagoya Protocol is to ensure the fair and equitable sharing of benefits derived from the utilization of genetic resources, contributing to the conservation and sustainable use of biodiversity.
- Establishes a legal framework to implement the Convention on Biological Diversity’s goal of fair and equitable benefit-sharing.
- Imposes obligations on members to enact measures related to access to genetic resources, benefit-sharing, and compliance.
Significance of the Nagoya Protocol:
The Nagoya Protocol holds substantial importance in the realm of biodiversity conservation and the fair distribution of benefits linked to genetic resources, aiming to prevent the exploitation of indigenous peoples and their traditional knowledge.
- Promotes legal certainty and transparency for both users and owners of genetic resources.
- Sets predictable conditions for access to genetic resources.
- Enhances benefit-sharing experiences when genetic resources move across borders.
- Contributes to better conservation and sustainable use of genetic resources, consequently supporting biodiversity conservation.
- Represents a crucial step in the implementation of the CBD.
Role in Biodiversity Conservation:
The Nagoya Protocol plays a vital role in the conservation of biodiversity by addressing the specific needs of genetic resources from animals, plants, and microorganisms.
- Genetic resources are increasingly valuable in various fields such as drug development, crop protection, specialized chemicals production, and industrial processing.
- Provides researchers with a framework to access genetic resources for biotechnology research, ensuring a fair share in benefits.
- Respects the value of traditional knowledge associated with genetic resources, benefiting indigenous and local communities through a legal framework.
9(B).Cartagena Protocol on Biosafety:
The Cartagena Protocol on Biosafety is a supplementary agreement to the Convention on Biological Diversity (CBD) and was adopted on January 29, 2000, in Cartagena, Colombia. This protocol specifically addresses the safe handling, transfer, and use of living modified organisms (LMOs), also known as genetically modified organisms (GMOs), that may have adverse effects on biodiversity.
Key Objectives:
- Regulating Transboundary Movements: The primary aim of the Cartagena Protocol is to regulate transboundary movements of LMOs to ensure their safe transfer and prevent potential risks to biological diversity.
- Advance Informed Agreement (AIA): The protocol introduces the concept of Advance Informed Agreement, requiring exporting countries to notify and obtain consent from importing countries before transferring LMOs.
- Risk Assessment and Management: It establishes a clear framework for the risk assessment and management of living modified organisms, incorporating scientific principles to evaluate potential adverse effects on biodiversity.
Core Provisions:
- Biosafety Clearing-House (BCH): The Cartagena Protocol establishes a Biosafety Clearing-House, a mechanism designed to facilitate the exchange of information on living modified organisms, their potential risks, and risk management measures.
- Identification, Documentation, and Labeling: The protocol emphasizes the importance of proper identification, documentation, and labeling of LMOs to enhance transparency and enable better monitoring of their movements.
- Capacity Building and Public Awareness: Recognizing the need for global cooperation, the protocol encourages capacity-building initiatives and promotes public awareness regarding the safe transfer and use of living modified organisms.
Implementation and Compliance:
The Cartagena Protocol operates on a system of mutual cooperation and respect for national sovereignty. It calls for countries to develop their domestic regulations to align with the protocol’s objectives and encourages the sharing of information and experiences among nations.
10.United Nations Framework Convention on Climate Change (UNFCCC):
- An international environmental treaty addressing climate change.
- Negotiated and signed at the UN Conference on Environment and Development (Earth Summit) in Rio de Janeiro in June 1992.
- Headquarters located in Bonn, Germany; entered into force on March 21, 1994, with 197 parties.
Key Features and Classification:
- Objective:
- Aims to stabilize Greenhouse Gas (GHG) concentrations in the atmosphere to prevent dangerous anthropogenic interference with the climate system.
- Legally Non-Binding:
- The convention itself is not legally binding.
- Parties:
- Involves 197 countries.
- Parties classified into different groups.
- Annex I Parties:
- 43 countries, including the European Union.
- Classified as industrialized (developed) countries and “economies in transition” (EITs).
- 14 EITs are the former centrally-planned (Soviet) economies of Russia and Eastern Europe.
- Annex II Parties:
- 24 Parties, including the European Union.
- Made up of members of the Organization for Economic Cooperation and Development (OECD).
- Required to provide financial and technical support to EITs and developing countries for climate change mitigation and adaptation.
- Annex B Parties:
- Parties listed in Annex B of the Kyoto Protocol with first- or second-round Kyoto greenhouse gas emissions targets.
- Amendments related to second-round targets from 2013–2020 have not entered into force.
- Least-Developed Countries (LDCs):
- 49 Parties are LDCs, granted special status under the treaty due to their limited capacity to adapt to climate change effects.
- Non-Annex I Parties:
- Parties not listed in Annex I are mostly low-income developing countries.
- Developing countries may volunteer to become Annex I countries when sufficiently developed.
Additional Information:
- Originally sets no binding limits on GHG emissions for individual countries and contains no enforcement provisions.
- The Kyoto Protocol (1997) was negotiated under this framework.
- Conference of the Parties (COP) is the supreme governing body of the UNFCCC.
- Climate Technology Centre Network serves as the operational arm, promoting the transfer of technology for low-carbon and carbon-resilient development.
Common But Differentiated Responsibilities (CBDR):
Historical Context:
- Formalized during the United Nations Framework Convention on Climate Change (UNFCCC) at the0 Earth Summit in Rio de Janeiro in 1992.
- UNFCCC represents the first international legal instrument aimed at addressing climate change comprehensively.
Principle Overview:
- The CBDR principle is a core component of the UNFCCC.
- It recognizes that all states share an obligation to address environmental destruction.
- However, it underscores the unequal responsibility of states concerning environmental protection.
Basis and Rationale:
- CBDR is grounded in the relationship between industrialization and climate change.
- It posits that more industrialized countries are more likely to have contributed significantly to climate change.
Key Characteristics:
- CBDR acknowledges the need for a differentiated approach, considering the varying levels of industrial development among states.
- It highlights the historical context of environmental impacts, emphasizing the responsibility of more industrialized nations.
Application and Implications:
- The principle guides international efforts to address climate change by recognizing the need for differentiated responsibilities based on historical contributions to environmental degradation.
- It forms the basis for negotiations and agreements that seek to balance the global commitment to environmental protection with the recognition of historical disparities in industrial development.
Kyoto Protocol Overview:
- Adopted in Kyoto, Japan, during the CoP3 of UNFCCC in 1997.
- Came into force by February 2005.
Parties and Non-Parties:
- Involves 192 parties; notable non-parties include Andorra, Canada, South Sudan, and the United States.
- India ratified the protocol in 2002.
Emission Reduction Goals:
- Aims to reduce greenhouse gas (GHG) emissions across the developed world by approximately 5% by 2012 compared to 1990 levels, focusing on the first commitment period from 2008 to 2012.
Covered Greenhouse Gases:
- Applies to six GHGs listed in Annex A:
- Carbon dioxide (CO2)
- Methane (CH4)
- Nitrous oxide (N2O)
- Hydrofluorocarbons (HFCs)
- Perfluorocarbons (PFCs)
- Sulfur Hexafluoride (SF6).
Principle of Common but Differentiated Responsibilities:
- Built on the principle of common but differentiated responsibilities.
Classification of Parties:
- Annex-I countries:
- Includes industrialized countries and economies in transition.
- Enforced with compulsory binding targets to reduce GHG emissions.
- Annex II:
- A sub-group of Annex I.
- Mandated to provide financial assistance and technology to Non-Annex countries.
- Non-Annex:
- Comprises developing countries such as India, Brazil, and China.
- No binding targets for reducing GHG emissions.
- LDCs (Least Developed Countries):
- Least-developed countries.
- Exempt from binding targets.
Commitment Periods:
- Two commitment periods under the Kyoto Protocol:
- 2008 – 2012
- 2013 – 2020 (Doha Amendment to the protocol, 2012)
Kyoto Mechanisms: Joint Implementation, Clean Development Mechanism (CDM), and Emissions Trading
Introduction:
The Kyoto Mechanisms, established under the Kyoto Protocol, serve as innovative tools to address climate change, promote sustainable development, and facilitate emission reduction efforts globally. This comprehensive approach comprises Joint Implementation (JI), the Clean Development Mechanism (CDM), and Emissions Trading.
Clean Development Mechanism (CDM):
- Purpose:
- Facilitates emission reduction projects in developing countries by Annex B Parties (countries with emission-reduction commitments).
- Projects earn Certified Emission Reduction (CER) credits, each equivalent to one tonne of CO2, contributing to Kyoto targets.
- Projects and Sustainability:
- Examples include rural electrification through solar panels or installing energy-efficient boilers.
- Trailblazing as the first global environmental investment and credit scheme.
- Flexibility:
- Provides flexibility for industrialized countries in meeting emission reduction or limitation targets.
- Standardized emissions offset instrument in the form of CERs.
Joint Implementation (JI):
- Definition:
- Allows Annex B Parties to earn Emission Reduction Units (ERUs) from emission-reduction or removal projects in other Annex B Parties.
- Promotes flexibility and cost-efficient fulfillment of Kyoto commitments.
- Eligibility and Approval:
- Projects must result in additional emissions reduction or removal.
- Requires approval from the host Party and authorization of participants by a Party involved in the project.
- Timing and Eligibility:
- Projects starting from 2000 may be eligible, but ERUs are issued for crediting periods starting after 2008.
Emissions Trading:
- Concept:
- Greenhouse gas emissions treated as a commodity.
- Allows Annex B Parties to trade emission units to meet their Kyoto targets.
- Creation of a New Commodity:
- Assigned Amount Units (AAUs) represent allowed emissions over the commitment period.
- Carbon trading established as the “carbon market.”
- Trading Units:
- Various units traded, including Removal Units (RMUs) based on land use, ERUs from Joint Implementation, and CERs from Clean Development Mechanism projects.
- Registry Systems and International Transaction Log:
- Tracks and records transfers and acquisitions of units.
- Ensures secure transfer of emission reduction units between countries.
- Commitment Period Reserve:
- Parties maintain a reserve of ERUs, CERs, AAUs, and RMUs in their national registry.
- Aimed at preventing overselling units, ensuring compliance with emissions targets.
Various COPs
| CoP |
DESCRIPTION |
| Bali Summit COP13 |
Introduction of Nationally Appropriate Mitigation Actions (NAMA), to engage developing countries in voluntary mitigation effort |
| Copenhagen Summit COP15 |
- This was the first Climate Agreement which endorsed the 2ºC warming limit as the benchmark for global progress on climate change.
- The Copenhagen Accord (2009) abandoned the spirit of the Rio principles & wanted voluntary GHG reduction targets.
- However, developing countries revolted & Paris Agreement was born out of Copenhagen and adopted in 2015.
|
| Cancun Summit COP16 |
- Cancun Agreement – all parties to the convention have agreed to report their voluntary mitigation goals for implementation.
- Outcome of COP16:
1. Technology Mechanism
2. Green Climate Fund
3. Adaptation Fund
|
| Durban Summit COP17 |
- Second phase of Kyoto Protocol secured
- Launching the Green Climate Fund
- Adaptation and Transparency mechanism
- Review of Adaptation Fund
|
| Doha Summit COP18 |
Amendment to the Kyoto Protocol to start second commitment period (2013-2020) |
| Warsaw Summit COP19 |
- Two important things emerged:
1. INDC: Intended Nationally determined Contribution
2. REDD+: Reduction in Emission from Deforestation and Forest Degradation
|
| Lima Summit COP20 |
COP20 Lima Summit Highlights:
- Green Climate Fund Pledges:
- Both developed and developing countries committed to supporting the Green Climate Fund.
- NAPs – National Adaptation Plans Global Network Launch:
- The National Adaptation Plans Global Network was officially launched during the summit.
- INDC Communication by India:
- India communicated its Intended Nationally Determined Contributions (INDC) to the United Nations Framework Convention on Climate Change (UNFCCC).
Intended Nationally Determined Contributions (INDC):
- Definition:
- INDCs represent intended reductions in greenhouse gas emissions, as per the UNFCCC.
- Mandate:
- All signatory countries to the UNFCCC were required to publish their INDCs, as decided during the 2013 United Nations Climate Change Conference in Warsaw.
- Compromise Terminology:
- Coined as a compromise term bridging the gap between “quantified emissions limitation and reduction objective” (QUELROs) and “nationally appropriate mitigation actions” (NAMAs) used by the Kyoto Protocol.
- Under Paris Agreement:
- Under the Paris Agreement, adopted in December 2015, INDCs transition into the first Nationally Determined Contribution (NDC) upon ratification unless a country opts to submit a new NDC simultaneously.
India’s INDC Targets:
-
- GDP Emission Intensity:
- Reduce the intensity of GDP emission by 33-35% by 2030 below the 2005 level.
- Non-fossil Fuels-based Electricity:
- Increase the share of non-fossil fuels-based electricity to 40% by 2030.
- Renewable Energy Capacity:
- Achieve a total renewable energy capacity of 175GW by 2024.
- Carbon Sink Enhancement:
- Increase additional carbon sink by 2.5 – 3 billion tonnes by 2030.
|
| Paris Summit COP21 |
Paris Agreement on Climate Change (COP21):
- Legally binding international treaty on climate change adopted at COP21 in Paris on December 12, 2015.
- Entered into force on November 4, 2016, with the primary goal of limiting global warming to well below 2 degrees Celsius, preferably to 1.5 degrees Celsius, compared to pre-industrial levels.
Key Provisions:
- Requires all participating nations to submit their Nationally Determined Contributions (NDCs), which are voluntary commitments outlining climate actions.
20/20/20 Targets:
The agreement outlines three key targets to be achieved:
- CO2 Emissions Reductions:
- Aims for a 20% reduction in CO2 emissions.
- Renewable Energy Market Share:
- Targets a 20% increase in the market share of renewable energy.
- Energy Efficiency Improvement:
- Aims for a 20% improvement in energy efficiency.
USA Withdrawal:
- The United States announced its withdrawal from the Paris Agreement in 2017, creating global concern about the commitment to combating climate change.
Review Mechanism:
-
- Incorporates a review mechanism, requiring a comprehensive review every five years.
- The first world review is scheduled for 2023, ensuring periodic assessments of the progress made and encouraging adjustments to meet climate goals.
|
| Marrakech Summit COP22 |
The Marrakech Summit COP22 focused on deliberations aimed at effectively addressing the Global Stock take. During the summit, participating parties engaged in the inaugural review of the Warsaw International Mechanism for Loss and Damage.
Contentious Issues:
-
- The summit addressed challenging aspects related to the establishment of a common timeframe for Nationally Determined Contributions (NDCs).
- Future of the Adaptation Fund: Another point of contention revolved around the decision on whether the Adaptation Fund would be sustained or discontinued. This deliberation held significance in shaping the trajectory of climate adaptation efforts.
|
| Bonn Summit COP23 |
– |
| Katowice Summit COP24 |
- Overview:
- COP-24 took place in Katowice, Poland, focusing on implementing the Paris Agreement.
- The outcome was the “Katowice Rulebook,” providing guidelines for the effective execution of the agreement.
Revised Commitment to NDCs:
- Parties committed to Nationally Determined Contributions (NDCs) were revised and strengthened.
- The aim was to enhance global efforts in combating climate change.
Global Stocktake Guidelines:
- The Katowice Rulebook outlines guidelines for the “global stocktake,” a pledge-and-review cycle for assessing countries’ progress.
- This mechanism aids in evaluating the effectiveness of climate action globally.
Developed Countries’ Financial Commitment:
- Developed nations pledged $100 billion annually from 2020 to support climate action in developing countries.
- This financial commitment is crucial for fostering climate resilience and sustainable practices in vulnerable regions.
Katowice Rulebook Details:
- Specifies the actions each member nation must take to combat global climate change.
- Operationalizes the provisions of the Paris Agreement for practical implementation.
- Extends support to developing nations in implementing their NDCs, promoting global collaboration.
Global Stock Take (GST) Focus:
- The GST, scheduled for 2023, assesses the effectiveness of climate action worldwide.
- Evaluates progress in the development and transfer of technology to address climate challenges.
Significance of Katowice Rulebook:
- Ensures accurate accounting of each “tonne of GHG emissions,” fostering transparency and accountability.
Issues and Challenges:
- Failure to agree on common rules for carbon markets and emissions trading.
- Lack of consensus on a general commitment to limit global warming to below 1.5°C above pre-industrial levels remains a critical challenge.
|
| COP25 Madrid |
|
11.UN-REDD:
Overview:
- The United Nations Collaborative Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries (UN-REDD) is a significant environmental convention.
- Established in 2008, UN-REDD serves as the UN platform providing knowledge and guidance on forest-centric strategies to address climate-related challenges.
Contributing Entities:
- UN-REDD receives contributions from key organizations, including the United Nations Development Programme (UNDP), the United Nations Environment Programme (UNEP), and the Food and Agriculture Organization of the United Nations (FAO).
REDD+:
Introduction:
- REDD+ is a global warming mitigation approach developed by parties to the United Nations Framework Convention on Climate Change (UNFCCC).
- The primary focus of REDD+ includes forest conservation, sustainable management, and the enhancement of forest carbon reserves, complementing efforts against deforestation and forest degradation.
Warsaw Framework for REDD+ (WFR):
- The Warsaw Framework for REDD+ (WFR), accepted at COP 19 in December 2013, provides a comprehensive set of methodological and financial recommendations for the implementation of REDD+ projects.
- This framework signifies a pivotal step in the global commitment to address climate change through sustainable forest management.
Inclusion in the Paris Agreement:
- Article 5 of the Paris Agreement formally recognizes the importance of REDD+, further emphasizing its role in international efforts to combat climate change.
Conventions related to Pollutants :
Basel Convention:
Background:
- Adopted in 1989 during the Conference of Plenipotentiaries in Basel, Switzerland.
- Officially known as the “Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their Disposal.”
- Came into force in 1992.
Objectives:
- International treaty with the primary goal of reducing the trans-boundary movement of hazardous waste between countries.
- Focuses on preventing the transfer of hazardous waste from developed nations to less developed countries (LDCs).
- Aims to ensure the safe disposal of hazardous waste as close as possible to its source of generation.
Key Features:
- Secretariat Location: Basel, Switzerland.
- Number of Parties: 187 (Note: Haiti and the United States have signed the Convention but not ratified it).
- The convention does not address the movement of radioactive waste.
Cooperation and Information Exchange:
- Provides a framework for cooperation among the parties involved.
- Emphasizes the exchange of information on issues relevant to the effective implementation of the Convention.
Rotterdam Convention :
- Adopted in 1998 during a Conference of Plenipotentiaries in Rotterdam, the Netherlands.
- Entered into force on 24th February 2004.
Coverage and Objectives:
- Addresses pesticides and industrial chemicals banned or severely restricted for health or environmental reasons.
- Inclusion in the Prior Informed Consent (PIC) procedure is based on notifications from Parties.
- Aims to promote shared responsibility and cooperative efforts among Parties in the international trade of hazardous chemicals.
- Seeks to protect human health and the environment from potential harm caused by these chemicals.
- Contributes to the environmentally sound use of hazardous chemicals by facilitating information exchange and implementing a national decision-making process on import and export.
- Legally binding obligations for the implementation of the PIC procedure are central to the Convention.
Secretariat and Parties:
- Secretariat Location: Rotterdam, the Netherlands.
- 161 parties are actively involved, with the United States among the non-member states.
Evolution from Voluntary to Legally Binding:
- The Convention builds upon the voluntary PIC procedure initiated by UNEP and the Food and Agricultural Organisation (FAO) in 1989.
- The voluntary procedure ceased on 24th February 2006, and the Rotterdam Convention took its place with enhanced, legally binding obligations for the PIC procedure.
Stockholm Convention on Persistent Organic Pollutants:
Overview:
- The Stockholm Convention is a global treaty established to safeguard human health and the environment from Persistent Organic Pollutants (POPs).
- Opened for signature in 2001 in Stockholm, Sweden, it came into effect in 2004.
Objectives:
- Support Transition to Safer Alternatives:
- Encourage the shift to safer alternatives for substances listed in various Annexes of the Stockholm Convention.
- Target Additional POPs for Action:
- Identify and address new Persistent Organic Pollutants through comprehensive scientific research, deliberations, and negotiations among member countries.
- Cleanup Old Stockpiles and Equipment:
- Undertake initiatives to clean up existing stockpiles and equipment containing POPs, contributing to environmental protection.
- Work Towards a POPs-Free Future:
- Collaborate globally to strive for a future free from Persistent Organic Pollutants.
Key Provisions:
- The convention calls for the prohibition of nine chemicals identified as the “dirty dozen,” which are prominent Persistent Organic Pollutants.
- It aims to restrict the use of DDT (Dichlorodiphenyltrichloroethane) for malaria control.
- Addresses the inadvertent production of dioxins and furans, further emphasizing environmental safety.
India’s Ratification:
- India ratified the Stockholm Convention in 2006 under Article 25(4), placing itself in a default “opt-out” position.
- This position implies that amendments in various Annexes of the convention cannot be enforced on India unless an instrument of ratification/acceptance/approval or accession is explicitly deposited with the UN (United Nations) depositary.
Global Participation:
- Parties: Currently, there are 184 parties to the Convention (183 states and the European Union).
- Non-Ratifying States: Notable non-ratifying states include the United States, Israel, Malaysia, and Italy.
Financial Mechanism:
- The Global Environmental Facility (GEF) serves as the designated interim financial mechanism for the Stockholm Convention, supporting its implementation on a global scale.