Framework Convention on Climate Change (UNFCCC), 1992

The international response to climate change is structured around a series of agreements negotiated under the auspices of the United Nations. The foundation of this regime is the United Nations Framework Convention on Climate Change (UNFCCC), which was adopted at the Earth Summit in Rio de Janeiro in 1992 and entered into force in 1994.

Objective: Stabilisation of greenhouse gas concentrations

The ultimate objective of the UNFCCC is stated in its Article 2:

"The ultimate objective of this Convention and any related legal instruments that the Conference of the Parties may adopt is to achieve, in accordance with the relevant provisions of the Convention, stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system."

Key elements of this objective:

• Stabilisation of Greenhouse Gas (GHG) Concentrations: The Convention aims to limit the buildup of human-caused greenhouse gases (like carbon dioxide, methane, nitrous oxide, etc.) in the Earth's atmosphere. These gases trap heat, leading to global warming and climate change.
• Dangerous Anthropogenic Interference: The stabilisation should be achieved at a level that avoids "dangerous" human-induced changes to the climate system. What constitutes "dangerous" is subject to interpretation and scientific assessment (e.g., leading to sea-level rise, extreme weather events, ecosystem disruption).
• Timing: The stabilisation should be achieved within a timeframe "sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner." This highlights the need for a balance between environmental protection, adaptation, food security, and sustainable development.

The UNFCCC itself does not set legally binding emission reduction targets for individual countries. Instead, it provides the framework for international cooperation, data collection, and reporting, and established institutions like the Conference of the Parties (COP) where countries meet regularly to discuss progress and negotiate further instruments (like the Kyoto Protocol and the Paris Agreement) to achieve the Convention's ultimate objective.

The Convention acknowledges the difference in responsibility and capability among countries, dividing them into Annex I Parties (developed countries and economies in transition) and Non-Annex I Parties (developing countries), and introduces the principle of "common but differentiated responsibilities" (discussed further under the Paris Agreement section).

Kyoto Protocol, 1997

Building upon the UNFCCC, the Kyoto Protocol was adopted in Kyoto, Japan, in 1997 and entered into force in 2005. It represents the first time that legally binding emission reduction targets were set for developed countries.

Binding emission reduction targets

The defining feature of the Kyoto Protocol was the commitment by Annex I Parties (developed countries and economies in transition) to achieve quantified, legally binding targets for reducing their overall emissions of greenhouse gases. These targets were specified for a commitment period. For example, under the first commitment period (2008-2012), Annex I Parties aimed to reduce their collective GHG emissions by at least 5% below 1990 levels.

A second commitment period (2013-2020) was agreed upon through the Doha Amendment (though not universally ratified). Developing countries (Non-Annex I Parties), including India, did not have binding emission reduction targets under the Kyoto Protocol, reflecting the principle of common but differentiated responsibilities. They were encouraged to take voluntary actions and report on their emissions.

Flexibility mechanisms (CDM, JI, Emissions Trading)**

To help Annex I Parties meet their binding emission reduction targets in a cost-effective manner, the Kyoto Protocol introduced three market-based flexibility mechanisms:

Clean Development Mechanism (CDM) (Article 12):

This mechanism allowed Annex I Parties to implement emission reduction projects in Non-Annex I Parties (developing countries). In return, they would earn certified emission reductions (CERs), equivalent to one tonne of $CO_2$ equivalent, which they could use to meet a part of their emission reduction targets. The key requirements for CDM projects were that they contribute to sustainable development in the host developing country and result in emission reductions that are additional to what would have occurred in the absence of the project. India was a major host country for CDM projects, attracting investment in renewable energy, energy efficiency, and other emission-reducing technologies.

Joint Implementation (JI) (Article 6):

This mechanism allowed Annex I Parties to implement emission reduction projects in other Annex I Parties (specifically, economies in transition). They could earn Emission Reduction Units (ERUs) from such projects to count towards their targets. JI was designed to promote technology transfer and investment among Annex I countries.

Emissions Trading (Article 17):

This mechanism allowed Annex I Parties that had emission units to spare (i.e., they emitted less than their assigned amount) to sell this excess capacity to Annex I Parties that were struggling to meet their targets. This created a market for emission allowances among developed countries, providing flexibility in meeting targets. This is often referred to as 'cap-and-trade'.

These flexibility mechanisms were controversial but aimed at lowering the overall cost of emission reductions globally by allowing activities to take place where emissions could be reduced most cheaply. The CDM, in particular, generated significant financial flows towards emission reduction projects in developing countries, including India.

The Kyoto Protocol demonstrated the complexity of achieving binding global agreements but laid important groundwork for carbon markets and international cooperation on climate projects. However, its scope was limited as it only imposed binding targets on developed countries, and major emitters like the USA did not ratify it.

Paris Agreement, 2015

The Paris Agreement, adopted in Paris in December 2015 at COP21 of the UNFCCC and entered into force in November 2016, represents a significant shift in the international climate regime. It aims for a more inclusive and comprehensive approach to climate action, involving commitments from almost all countries, both developed and developing.

Nationally Determined Contributions (NDCs)

A key innovation of the Paris Agreement is the shift from top-down, internationally agreed binding targets (as in the Kyoto Protocol) to a bottom-up, country-driven approach based on Nationally Determined Contributions (NDCs) (Article 4). Under the Paris Agreement, each country determines its own national climate action plan, outlining its targets for reducing greenhouse gas emissions (mitigation) and adapting to the impacts of climate change (adaptation). These NDCs are reported to the UNFCCC Secretariat and are publicly accessible.

While the *submission* of NDCs is mandatory for all Parties, the *targets themselves* are nationally determined. However, the Agreement includes mechanisms to promote increasing ambition over time. Parties are required to submit new NDCs every five years, with each successive NDC expected to represent a progression beyond the previous one and reflect the highest possible ambition (the principle of "ratcheting up"). The Agreement also includes a "global stocktake" process every five years to assess collective progress towards long-term goals.

India submitted its first NDC in 2015 and updated it in 2022. India's NDC commitments, among others, include reducing the emissions intensity of its GDP by 45% by 2030 from 2005 level, achieving 50% cumulative electric power installed capacity from non-fossil fuel-based energy resources by 2030, and creating a carbon sink of 2.5 to 3 billion tonnes of $CO_2$ equivalent through additional forest and tree cover by 2030.

Limiting global temperature rise

The Paris Agreement sets an ambitious, long-term goal for limiting global warming (Article 2). It aims to strengthen the global response to the threat of climate change by:

"holding the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels, recognizing that this would significantly reduce the risks and impacts of climate change."

This establishes a clear temperature limit derived from scientific consensus regarding safe levels of global warming. The NDCs submitted by individual countries are intended to collectively contribute towards achieving this global goal. The "ratcheting mechanism" and "global stocktake" are designed to ensure that the collective ambition increases over time to stay within this temperature limit.

Achieving the 1.5°C or even 2°C limit requires deep and sustained reductions in global greenhouse gas emissions over the coming decades, reaching net-zero emissions around mid-century or shortly thereafter.

Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC)**

The principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC) is a foundational principle of the international climate change regime, originating from the UNFCCC (Article 3). It acknowledges that while all countries share a "common responsibility" to address climate change (as it's a global problem), they have "differentiated responsibilities" and "respective capabilities" in doing so.

Meaning of CBDR-RC:

• Common Responsibility: All countries are part of the global effort to tackle climate change.
• Differentiated Responsibilities: Countries have contributed differently to the accumulation of greenhouse gases in the atmosphere over time, with developed countries having historically emitted much more. Therefore, developed countries bear a greater responsibility for leading emission reductions.
• Respective Capabilities: Countries have different capacities (economic, technological, institutional) to address climate change. Developing countries, facing challenges of poverty eradication and development, have less capacity compared to developed nations.

The CBDR-RC principle has evolved but remains relevant in the Paris Agreement. While the Paris Agreement requires all countries to submit NDCs, the nature and ambition of these NDCs, as well as the obligations related to finance and technology transfer, are expected to reflect the CBDR-RC principle. Developed countries are expected to take the lead in mitigation efforts and provide financial and technological support to developing countries to help them implement their NDCs and adapt to climate change impacts (Article 9, 10, 11 of Paris Agreement).

India, as a developing country, strongly advocates for the continued relevance and application of the CBDR-RC principle in the international climate negotiations. India's NDC and climate actions are framed within its capability and development priorities, while stressing the need for developed countries to fulfil their historical responsibilities and provide adequate support to developing nations.

The Paris Agreement seeks to balance the need for global participation with the principle of equity and fairness enshrined in CBDR-RC, creating a flexible but ambitious framework for global climate action.

India's Climate Change Actions

India is a signatory to the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement. Recognising the significant threat posed by climate change, India has developed national policies and initiated various actions to address both climate change mitigation (reducing greenhouse gas emissions) and adaptation (adjusting to the impacts of climate change). While development and poverty alleviation remain high priorities, India is increasingly integrating climate considerations into its planning process.

National Action Plan on Climate Change (NAPCC)

The National Action Plan on Climate Change (NAPCC) was launched by the Government of India in 2008. It is the country's overarching strategy document outlining the steps to be taken to meet the challenges of climate change. The NAPCC is guided by the principle of sustainable development, balancing economic growth with environmental protection.

The NAPCC identifies measures that can be taken at the national level, focusing on both mitigation and adaptation. It is structured around eight core national missions, each focusing on a specific area relevant to climate change:

• National Solar Mission: Aims to promote the development and use of solar energy for power generation and other applications.
• National Mission for Enhanced Energy Efficiency: Focuses on measures to improve energy efficiency in various sectors of the economy.
• National Mission on Sustainable Habitat: Addresses sustainability aspects in urban planning, including energy efficiency in buildings, waste management, and urban transport.
• National Water Mission: Aims to conserve water, minimise wastage, and ensure equitable distribution of water resources, considering the impacts of climate change on water availability.
• National Mission for Sustaining the Himalayan Ecosystem: Focuses on conservation and ecological restoration in the fragile Himalayan region, which is particularly vulnerable to climate change impacts.
• National Mission for a 'Green India': Aims to enhance carbon sinks in forests and other ecosystems, improve forest quality, and increase forest cover.
• National Mission for Sustainable Agriculture: Seeks to develop climate-resilient crops and farming practices to make Indian agriculture more sustainable and adaptable to changing climate conditions.
• National Mission on Strategic Knowledge for Climate Change: Aims to build a knowledge system to support climate-related policies and actions, including research and development.

The NAPCC provides a framework for action, and its missions are implemented by various ministries and government departments, often with the support of state governments. While the original NAPCC missions set out broad goals, they have been further operationalised through state-level action plans and specific programs.

Renewable energy targets

A major component of India's climate change mitigation strategy, particularly under the National Solar Mission and National Mission for Enhanced Energy Efficiency, is the aggressive push for the deployment of renewable energy. India has set ambitious targets for increasing the share of renewable energy in its energy mix.

Driven by the need to reduce reliance on fossil fuels and improve energy security, India's renewable energy targets have significantly increased over the years. The initial target was 175 GW of renewable energy capacity by 2022. Having largely achieved this, India has subsequently set even higher goals.

India's current target, as articulated in its Nationally Determined Contribution (NDC) under the Paris Agreement and reiterated in policy statements, is to achieve about 500 GW (Gigawatts) of installed electricity capacity from non-fossil fuel sources by 2030. This includes targets for solar power, wind power, hydro power, and other renewable sources. Achieving this target requires massive investments in renewable energy infrastructure and associated technologies like energy storage and grid modernisation.

The transition to renewable energy contributes directly to climate change mitigation by reducing greenhouse gas emissions from the power sector, which is a significant source of emissions. It also contributes to sustainable development by providing cleaner energy and creating new economic opportunities.

National Action Plan for Climate Change

As mentioned earlier, the term "National Action Plan for Climate Change" (NAPCC) refers to the comprehensive plan launched in 2008. It is the key document outlining India's approach to climate change. While there isn't a distinct second "National Action Plan", the implementation of the NAPCC happens through the eight core missions described above. Furthermore, states have been directed to prepare their own State Action Plans on Climate Change (SAPCCs), aligned with the NAPCC framework but tailored to the specific vulnerabilities, priorities, and capabilities of each state. These SAPCCs provide a decentralised approach to climate action, identifying state-specific strategies for mitigation and adaptation across various sectors like water, agriculture, forests, and urban development.

Therefore, India's strategic response at the national level is primarily guided by the NAPCC and its missions, complemented by state-level plans and specific schemes promoting renewable energy, energy efficiency, afforestation, and climate-resilient practices.

Role of existing environmental laws in climate change mitigation and adaptation

While specific climate change legislation is still evolving in India, the country's existing environmental laws, although primarily designed to address pollution, conservation, and resource management, play a significant indirect role in climate change mitigation and adaptation.

Existing environmental laws contribute to climate action in the following ways:

• Environment (Protection) Act, 1986 (EP Act): This Act provides the overarching framework for environmental protection in India.
  • EIA Notification: The mandatory Environmental Impact Assessment (EIA) process under the EP Act for new projects requires assessment of various environmental impacts. While GHG emissions were not always a primary focus, increasingly, EIAs for large projects (like power plants, industrial complexes) require estimation of carbon footprints and proposed mitigation measures, indirectly contributing to climate mitigation.
  • Rules on Specific Pollutants/Wastes: Rules on air emissions, wastewater discharge, hazardous waste management, etc., notified under the EP Act, compel industries to adopt cleaner technologies and improve efficiency, which often results in reduced energy consumption and lower GHG emissions. For instance, stricter emission standards for thermal power plants reduce pollutants but can also lead to efficiency improvements. Regulations on waste management can promote waste-to-energy projects or methane capture from landfills (mitigation).
• Air (Prevention and Control of Pollution) Act, 1981: This Act aims to control air pollution. While its focus is on criteria pollutants ($SO_2$, $NO_x$, PM, etc.), many sources of conventional air pollutants (e.g., power plants, vehicles, industries) are also major emitters of greenhouse gases. Regulations under the Air Act, such as emission standards and consent conditions, often lead to improvements in combustion efficiency and the adoption of cleaner technologies, thereby reducing GHG emissions as a co-benefit (mitigation).
• Water (Prevention and Control of Pollution) Act, 1974: While focused on water quality, effective water management (conservation, efficient use, wastewater treatment) can indirectly support climate action. For example, reducing water use in thermal power plants improves their efficiency (mitigation). Managing water resources sustainably is also crucial for climate change adaptation, as climate change impacts water availability and patterns.
• Forest (Conservation) Act, 1980: This Act regulates the diversion of forest land. Forests are critical carbon sinks, absorbing $CO_2$ from the atmosphere. Protecting existing forests and promoting afforestation/reforestation under the FCA (e.g., through compensatory afforestation) directly contributes to increasing carbon sequestration (mitigation). Healthy forests also play a role in climate adaptation by protecting watersheds, preventing soil erosion, and providing habitats that can withstand climate-induced stresses.
• Wildlife (Protection) Act, 1972: While primarily focused on species and habitat protection, maintaining biodiversity and healthy ecosystems is crucial for building resilience to climate change impacts (adaptation). Diverse and intact ecosystems are generally more adaptable to changing climate conditions than degraded ones.

These existing laws provide the regulatory infrastructure and enforcement mechanisms that can be leveraged, and in some cases are already being used, to implement aspects of India's climate action plan, even if they were not originally enacted with climate change as their primary objective. Their effective implementation is essential for achieving broader environmental and climate goals.

Emerging legal challenges in climate change litigation

As the impacts of climate change become more apparent and the urgency for action increases, climate change-related legal disputes are emerging in India, similar to trends seen globally. These cases often involve novel legal arguments and challenge existing regulatory and corporate practices.

The emerging legal challenges in climate change litigation in India often centre around:

• Holding Government Accountable for Inaction or Insufficient Action: Litigants are filing cases arguing that the government's failure to take adequate steps to mitigate climate change or adapt to its impacts violates fundamental rights, particularly the Right to Life under Article 21. The argument is that climate change poses an existential threat, and the state has a duty to protect its citizens from this threat. Cases might challenge the slow pace of renewable energy transition or inadequate measures to protect vulnerable populations from climate impacts (like extreme heat or sea-level rise).
• Corporate Accountability for Emissions and Impacts: Legal challenges are being brought against corporations, particularly those in high-emitting sectors (like thermal power, cement, steel), arguing that their contributions to GHG emissions are causing environmental damage and violating environmental laws or even fundamental rights. Litigants may seek injunctions to stop or limit certain operations or demand compensation for climate-related losses based on principles like the Polluter Pays Principle or Absolute Liability (if hazardous substances are involved).
• Challenging Project Approvals: Environmental clearances granted to large infrastructure or industrial projects (e.g., coal mines, power plants, large construction projects) are being challenged before the NGT or High Courts on the grounds that the climate change impacts (e.g., GHG emissions, deforestation affecting carbon sinks) were not adequately assessed or mitigated during the EIA process.
• Rights-Based Litigation: Arguments are being framed around the right to a healthy environment encompassing the right to a stable climate, the rights of future generations to a liveable planet, or the rights of specific communities (like coastal populations or farmers) disproportionately affected by climate change impacts.
• Attribution Science in Courts: A key challenge in climate litigation is establishing the causal link between specific emissions from a particular entity and the climate change impacts suffered by the plaintiff. Advancements in climate change attribution science, which can estimate the extent to which human-caused warming increased the probability or intensity of specific extreme weather events, are beginning to be explored in legal arguments, although establishing legal causation remains complex.
• Aligning Domestic Actions with International Commitments: While international climate agreements like the Paris Agreement are not always directly enforceable in domestic courts, legal arguments might be made regarding the government's obligation to align its domestic policies and actions with its international commitments and the global goal of limiting temperature rise.

Cases before the NGT and higher courts are increasingly engaging with these complex issues, contributing to the evolution of climate change jurisprudence in India. While still a nascent area compared to traditional environmental litigation, climate change litigation is expected to grow in prominence as the impacts of a changing climate become more severe and widely felt across the country.