India and Climate Change: What India Wants, Needs, and Needs to Do

Abstract

Acknowledgments

I am grateful to the anonymous reviewers for their comments and to Devesh Kapur, Ajay Mathur, Chandrashekar Dasgupta, and Pratap Bhanu Mehta for conversations that have informed my views.

Notes

1. UN General Assembly Res. 44/228, 1989.

2. UNDP, Human Development Report, 2007–08, Fighting Climate Change: Human Solidarity in a Divided World. Accessible at http://hdr.undp.org/en/reports.

3. The United Nations Framework Convention on Climate Change, May 29, 1992, 31 ILM 849, 1992 (hereinafter FCCC).

4. The Kyoto Protocol to the United Nations Framework Convention on Climate Change, December 10, 1997, 37 ILM 22, 1998 (hereinafter Kyoto Protocol).

5. The current commitments require industrialized countries to reduce a basket of green house gases (GHG) 5% below 1990 levels in the commitment period 2008–2012, see Article 3, Kyoto Protocol. The IPCC recommends 25–40% below 1990 levels by 2020 for industrialized countries, see Terry Barker et al., Climate Change 2007: Mitigation of Climate Change, Contribution of Working Group III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (Cambridge University Press, 2007), Box 13.7 at 776. Two IPCC authors later recommended 15–30% below baseline for developing countries by 2020, see Michel den Elzen, Emission Reduction Trade-Offs for Meeting Concentration Targets, Bonn Climate Change Talks, Presentation at the IPCC in-session workshop, UNFCCC SBSTA 28, June 6, 2008. Accessible via http://www.ipcc.ch.

6. For status of implementation, see Annual compilation and accounting report for Annex B Parties under the Kyoto Protocol FCCC/KP/CMP/2008/9/Rev.1. Accessible via http://www.unfccc.int.

7. Mathew Paterson and Johannes Stripple, “Singing Climate Change into Existence: On the Territorialization of Climate Policymaking”, in Mary E Pettenger, ed., The Social Construction of Climate Change 149 (2007).

8. Reiner Grundmann, “Climate Change and Knowledge Politics”, 16(3) Environmental Politics (2007) 414—32.

9. Jon Barnett, “The Geopolitics of Climate Change,” 1/6 Geography Compass 1361–75 (2007)

10. Statistics, Human Development Report (2007). Accessible via http://hdr.undp.org.

11. Human Development Report (2007)

12. Human Development Report (2007).

13. The global average is 4.5. India's per capita rate is low compared to most developed countries and less than half of China's 3.8 metric tons rate. The US has a per capita emissions rate of 20.6, Australia of 16.2, and Canada of 20. Human Development Report (2007).

14. See Economic Surveys, Ministry of Finance, Government of India for current growth rate. Accessible via http://finmin.nic.in.

15. See Dialogue on long term cooperative action to address climate change by enhancing implementation of the Convention, India Country Presentation. Accessible via http://unfccc.int.

16. Towards Faster and More Inclusive Growth: An Approach to the 11^th Five Year Plan, Planning Commission, Government of India (2006) 98. Accessible via http://planningcommission.nic.in.

17. India's Initial National Communication to the United Nations Framework Convention on Climate Change, Ministry of Environment and Forests, Government of India (2004) Table 6.1, 192-3, Accessible via http://unfccc.int.

18. The rate of growth of GHG emissions in India is approximately 4.6% annually as compared to a world average of 2%. See Subhodh Sharma, Sumona Bhattacharya and Amit Garg, “Greenhouse Gas Emissions from India: A Perspective” Current Science Vol. 90, No. 3 (2006), pp. 326–33. February 10, 2006.

19. Executive Summary, World Energy Outlook 49 (2007), Accessible via http://www.iea.org.

20. Executive Summary, World Energy Outlook 12 (2008), Accessible via http://iea.org.

21. “What will India do about climate change? UN Official,” India eNews, February 6, 2008.

22. National Environmental Policy (2006) Accessible via http://www.moef.nic.in.

23. Summary of the twelfth Conference of the Parties to the UNFCCC and second Meeting of the Parties to the Kyoto Protocol, 6-17 November 2006, 12(318) Earth Negotiations Bulletin 17 (November 20, 2006).

24. For a flavor of these see “PM Panel readies Bali strategy,” Indian Express, 27 November 2007; “After releasing Montek trashes UNDP report”, The Times of India, 28 November 2007; “Ministry hints tough stand on climate; PM Meet today” The Indian Express, May 16, 2007; and, “India to take firm stand on global warming” The Hindustan Times, May 22, 2007.

25. “GHG Mitigation Interventions - How far feasible in India”, India Country Presentation, Vienna Climate Change Talks, Dialogue Fourth Workshop, August 27–31, 2007.

26. “India takes Rich Nations to Task on Emission Norms” The Indian Express, August 22, 2007.

27. Personal Interview with A. Mathur, February 11, 2009.

28. J. Parikh, “Long-term Perspectives on Climate Change for India”, Integrated Action for Research and Development, 2008.

29. Personal Interview with A. Mathur, February 11, 2009.

30. Statement by N. Sen, Permanent Representative of India to the UN, on Climate Change, at the 61^st session of the UN General Assembly, New York, August 1, 2007.

31. In the words of M. S. Ahluwalia, Deputy Chairman, Planning Commission, “it is not logical to talk of emissions cuts without reference to per capita emissions levels,” quoted in “India's climate change policy a hot topic,” The New York Times, March 9, 2008.

32. S. Soz, India Rejects Incorporation of New Environmental Commitments for Developing Countries, Address to the UNFCCC, December 8, 1997.

33. “Climate Change: Indian Prime Minister Rejects Demands for More Emissions Cuts from Poor Nations” International Environment Daily , October 31, 2002.

34. See Submission by India, Mechanisms Pursuant to Article 6, 12, and 17 of the Kyoto Protocol, Additional Submissions by Parties, FCCC/SB/2000/MISC.4/Add.2/Rev.1 (September 14, 2000) at 42-3.

35. Joint Press Conference by Prime Minister Manmohan Singh and Chancellor of Federal Republic of Germany Angela Merkel, 30/10/2007. Accessible via http://meaindia.nic.in/pressbriefing.

36. Personal Interview, C. Dasgupta, April 16, 2007; see C. Dasgupta, “Who pays for it?” The Telegraph, July 10, 2007, (C. Dasgupta has been part of the Indian delegation at various times from the start of the climate negotiations); see also “No Compromise on Growth Rate: PM' The Hindustan Times, December 7, 2007; and “India: Roadmap from Bali, clear, unambiguous,” Hindustan Times, December 16, 2007 (quoting India's Foreign Secretary as saying “development is the best form of adaptation to climate change”).

37. PM's statement on the departure to Germany for G-8 and Outreach Countries Summit, June 6, 2007. Accessible via http://pmindia.nic.in.

38. Submission by India, Ideas and proposals on the elements contained in paragraph 1 of the Bali Action Plan, Submissions from Parties, Addendum, FCCC/AWGLCA/2008/MISC.5/Add.1 (November 21, 2008) at 21-25.

39. Statement by N. Sen, Permanent Representative of India to the UN, on Climate Change, at the 61^st session of the UN General Assembly, New York, August 1, 2007.

40. Sen, 2007.

41. Sen, 2007.

42. PM'saddress at the 94^th Indian Science Congress, January 3, 2007. Accessible via http://pib.nic.in.

43. PM's address, 2007.

44. PM's address at the 95^th Indian Science Congress, January 3, 2008. Accessible via http://pib.nic.in.

45. PM's address, 2008.

4 6. “Dealing with the threat of climate change” India Country Paper, the Gleneagles Summit, 2005.

47. Statement by R. Gandhi, Member of Parliament, Second Committee of the 61^st session of the UN General Assembly, October 25, 2006.

48. Statement by P. Ghosh, Secretary Ministry of Environment and Forests, Government of India, High-level segment, Fifteenth Session of the Commission on Sustainable Development, May 10, 2007.

49. Indian Foreign Secretary, S.S. Menon cited in “Climate Policy must address Third World Needs” The Times of India, April 11, 2007.

50. Statement by N. Sen, Permanent Representative of India to the UN, during the Thematic Debate on Addressing Climate Change, at the 62^nd session of the UN General Assembly, New York, February 13, 2008.

51. PM's Inaugral Address at the Delhi Sustainable Development Summit, February 7, 2008. Accessible via http://pib.nic.in.

52. National Action Plan on Climate Change, Prime Minister's Council on Climate Change, Government of India, 2008, at 2 and 47. Accessible via http://pmindia.nic.in.

53. Submission by India, Ideas and proposals on the elements contained in paragraph 1 of the Bali Action Plan, Submissions from Parties, Addendum, FCCC/AWGLCA/2008/MISC.5/Add.1 (November 21, 2008) at 36-40.

54. Sen, 2007.

55. Submission by India, Financing Architecture for Meeting Financing Commitments under UNFCC, FCCC/ANGLCA/2008/Misc.5/Add.1 (October 17, 2008).

56. Submission by India, Financing, 2008.

57. Submission by India, Financing, 2008.

58. Towards a comprehensive climate change agreement in Copenhagen, Communication From The Commission To The European Parliament, The Council, The European Economic And Social Committee And The Committee Of The Regions, Com(2009) 39 final, January 28, 2009.

59. Supplemental Submission by India: Why Financial Contributions to the Financial Mechanism of the UNFCCC Cannot be Under the Paradigm of “Aid,” FCCC/ANGLCA/2009/Misc. 1 (February 10, 2009).

60. PM's Intervention on Climate Change at Heiligendamm Meeting of G8 plus 5, Heiligendamm, Germany, June 8, 2007. Accessible via http://pib.nic.in; see for subsequent reportage of India's position, “India snubs West on Climate Change,” The Telegraph, June 12, 2007, and “India sets terms for a Cap on Greenhouse Gas Emissions,” The Hindu, November 22, 2007. A recent reiteration, “India to ensure less carbon emissions: Prez”, The Times of India February 25, 2007.

61. PM's address, 2008.

62. Human Development Report (2007).

63. “Dealing with the threat of climate change” India Country Paper, the Gleneagles Summit, 2005.

64. “Dealing with the threat of climate change” India Country Paper, the Gleneagles Summit, 2005.

65. India”s Initial National Communication to the United Nations Framework Convention on Climate Change, Ministry of Environment and Forests, Government of India (2004) Table 6.1, 192-3. Accessible via http://unfccc.int.

66. See Dialogue on long term cooperative action to address climate change by enhancing implementation of the Convention, India Country Presentation. Accessible via http://unfccc.int.

67. Further details accessible via http://mnes.nic.in.

68. Further details accessible via http://bee-india.nic.in.

69. India's Initial National Communication to the United Nations Framework Convention on Climate Change, Ministry of Environment and Forests, Government of India (2004) Table 6.1, 192-3. Accessible via http://unfccc.int at 196-202.

70. Some of these are clearly identified ex-post facto, as for instance the New Delhi CNG transport initiative. Accessible via http://unfccc.int at 196-202.

71. See Dialogue on long term cooperative action to address climate change by enhancing implementation of the Convention, India Country Presentation. Accessible via http://unfccc.int.

72. PM's Inaugral Address at the Delhi Sustainable Development Summit, February 7, 2008. Accessible via http://pib.nic.in.

73. PM's Intervention on Climate Change at Heiligendamm Meeting of G8 plus 5, Heiligendamm, Germany, June 8, 2007. Accessible via http://pib.nic.in; see for subsequent reportage of India's position, “India snubs West on Climate Change,” The Telegraph, June 12, 2007, and “India sets terms for a Cap on Greenhouse Gas Emissions,” The Hindu, November 22, 2007. A recent reiteration, “India to ensure less carbon emissions: Prez”, The Times of India February 25, 2008.

74. National Action Plan on Climate Change, Prime Minister's Council on Climate Change, Government of India, 2008, at 2 and 47. Accessible via http://pmindia.nic.in/Pg01-52.pdf.

75. The current commitments require industrialized countries to reduce a basket of green house gases (GHG) 5% below 1990 levels in the commitment period 2008–2012, see Article 3, Kyoto Protocol. The IPCC recommends 25-40% below 1990 levels by 2020 for industrialized countries, see Terry Barker et al, Climate Change 2007: Mitigation of Climate Change, Contribution of Working Group III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (Cambridge University Press, 2007), Box 13.7 at 776. Two IPCC authors later recommended 15–30% below baseline for developing countries by 2020, see Michel den Elzen, Emission Reduction Trade-Offs for Meeting Concentration Targets, Bonn Climate Change Talks, Presentation at the IPCC in-session workshop, UNFCCC SBSTA 28, June 6, 2008. Accessible via, http://www.ipcc.ch/graphics/pr-ar4-2008-06-briefing-bonn.htm.

76. Integrated Energy Policy, 2005. Accessible via planningcommission.nic.in/reports/genrep/intengpol.pdf (the policy, on the assumption that to sustain 8% growth through 2031 a 3 to 4 times increase of the primary energy supply will be necessary, recommends, inter alia, that coal remain the primary energy source and that it be tapped more extensively, albeit with efforts to obtain clean coal technology).

77. National Action Plan on Climate Change, Prime Minister's Council on Climate Change, Government of India, 2008, at 2 and 47. Accessible via http://pmindia.nic.in/Pg01-52.pdf.

78. Further details accessible via http://asiapacificpartnership.org; see “Pranab for collaboration in tackling climate change,” The Hindu, October 16, 2007.

79. “India-EU Strategic Partnership Joint Action Plan” available at http://ec.europa.eu.

80. Overview of the US-India Climate Change Partnership, US Department of State. Accessible via www.state.gov.

81. Working with Developing Countries - India, Department for Environment, Food and Rural Affairs, Government of the UK. Accessible via www.defra.gov.uk.

82. Further details accessible via http://cslforum.org.

83. Further details accessible via http://methanetomarkets.org.

84. Further details accessible via http://iphe.net.

85. Further details accessible via http://state.gov/g/oes/climate/mem.

86. See Sean D. Murphy, Contemporary Practice of the United States, “US Administration Adopts New Approach to India's Civil Nuclear Program, Undertakes to Seek Changes in US Legislation”, Am. J. Int'l L. Vol. 99, No. 4, pg 912 (2005); For full reportage of this deal see “Indo-US Nuclear Deal” Indian Express. Accessible via http://indianexpress.com/fullcoverage.

87. See Sean D. Murphy, Contemporary Practice of the United States, “US Administration Adopts New Approach to India's Civil Nuclear Program, Undertakes to Seek Changes in US Legislation”, Am. J. Int'l L. Vol. 99, No. 4, pg 912 (2005); For full reportage of this deal see “Indo-US Nuclear Deal” Indian Express. Accessible via http://indianexpress.com/fullcoverage.

88. D. Victor, “The India Nuclear Deal: Implications for Global Climate Change”, Testimony before the US Senate Committee on Energy and Natural Resources, July 18, 2006; the Indian Prime Minister, M. Singh, estimates that India will increase nuclear energy by 40GW by 2015 – which will result in 300 million tons of CO2 reductions. Accessible via http://indianexpress.com/fullcoverage.

89. See “Government using climate change to push Nuclear deal,” The Times of India, March 13, 2008.

90. See “Government using climate change to push Nuclear deal,” The Times of India, March 13, 2008.

91. “Climate Change: India, China and Pak join forces” The Times of India, April 20, 2007.

92. Statement by N. Sen, Permanent Representative, on the relationship between energy, security, and climate at the UN Security Council on April 17, 2007.

93. Jon Barnet, The Meaning of Environmental Security (Zed Books, London, 2001).

94. Jon Barnett, “The Geopolitics of Climate Change,” 1/6 Geography Compass 1361–1375 (2007).

95. Personal Interview, A. Mathur, Bureau of Energy Efficiency, Government of India, April 13, 2007.

96. As of July 20, 2009, CDM statistics. Accessible via http://cdm.unfccc.int

97. Lavanya Rajamani, “The Indian Way: Exploring the Synergies between Climate, Energy and Development Goals”, in Beyond the Carbon Economy (Zillman, Redgwell, Omorogbe and Barrera-Hernandez eds., OUP, 2008)

98. Michael Warra and David Victor, “A Realistic Policy on International Carbon Offsets”, Program on Energy and Sustainable Development Working Paper #74, April 2008. Accessible via http://pesd.stanford.edu.

99. Towards a comprehensive climate change agreement in Copenhagen, Communication From The Commission To The European Parliament, The Council, The European Economic And Social Committee And The Committee Of The Regions, Com(2009) 39 final, January 28, 2009.

100. See “PM Panel readies Bali strategy,” Indian Express, November 27, 2007; and “No Compromise on Growth Rate: PM' The Hindustan Times, December 7, 2007 (reporting the PM's instructions to the Indian delegation to Bali that they should not accept conditions that could interfere with the country's growth rate).

101. India has opposed this term arguing that the term “major emitters” does “most certainly” not apply to developing countries like India with small carbon footprints in per capita terms. Previous n 30.

102. Submission by US, in Views regarding the Work Programme for the Ad Hoc Working Group on Long-Term Cooperative Action under the Convention taking into account the elements to be addressed by the group (Decision 1/CP.13), Submission from Parties, FCCC/AWGLCA/2008/MISC.1 (March 3, 2008) 68, 85-6.

103. On the details of the final leg of the negotiations see Benito Muller, “Bali 2007: On the Road Again,” Oxford Institute for Energy Studies, January 20, 2008. Accessible via http://www.oxfordclimatepolicy.org/publications.

104. Paragraph 1(b)(ii), Decision 1/CP.13, Bali Action Plan. Accessible via http://unfccc.int.

105. Draft of December 15, 2007, on file with the author

1 06. See Prodipto Ghosh, “Environmental Balihoo,” Indian Express, December 20, 2007.

107. See “US U-turn brings Bali Climate Deal,” Reuters, December 15, 2007

108. Reporting, however, is already an obligation under the Convention. Article 4 (1) and Article 12, FCCC, 1992.

109. Submission by India, Ideas and proposals on the elements contained in paragraph 1 of the Bali Action Plan, Submissions from Parties, Addendum, FCCC/AWGLCA/2008/Misc.5/Add.2 (Part I) at 155.

110. Submission by India, Nationally Appropriate Actions by Developing Countries, February 10, 2009. Accessible via http://unfccc.int.

111. Interview, Ajay Mathur, February 11, 2009.

112. Government of India Submission on Bali Action Plan Work Programme, in Views regarding the Work Programme for the Ad Hoc Working Group on Long-Term Cooperative Action under the Convention taking into account the elements to be addressed by the group (Decision 1/CP.13), Submission from Parties, FCCC/AWGLCA/2008/MISC.1 (March 3, 2008) at 28.

113. Submission by India, Ideas and proposals on the elements contained in paragraph 1 of the Bali Action Plan, Submissions from Parties, Addendum, FCCC/AWGLCA/2008/MISC.5/Add.1 (November 21, 2008) at 34 (noting that developed countries will sharply reduce their emissions so as to release atmospheric space for the development of poorer countries).

114. Submission by Government of India on BAP Paragraph 1(b) (ii)/UNFCCC Articles 4 and 12, 24 April 2009. Accessible via http://unfccc.int/meetings.

115. Submission by India, Ideas and proposals on the elements contained in paragraph 1 of the Bali Action Plan, Submissions from Parties, Addendum, FCCC/AWGLCA/2008/Misc.5/Add.2 (Part I) at 146, and Submission by India, Ideas and proposals on the elements contained in paragraph 1 of the Bali Action Plan, Submissions from Parties, Addendum, FCCC/AWGLCA/2008/MISC.5/Add.1 (November 21, 2008 at 23, see also Submission by India on Enhanced Action on Adaptation and its Means of Implementation, (April 24, 2009). Accessible via http://unfccc.int/meetings .

116. I am grateful to Devesh Kapur for making this point in his review of this article.

117. See for a full analysis Lavanya Rajamani, Addressing the “Post-Kyoto” Stress Disorder: Reflections on the Emerging Legal Architecture of the Climate Regime, forthcoming.

118. Peter Newell, Climate for Change (Cambridge, Cambridge University Press, 2000).

119. Food, clothing, and shelter.

120. Anil Agarwal and Sunita Narain, Global Warming in an Unequal World: A Case of Environmental Colonialism, New Delhi, Centre for Science and Environment, 1991.

121. Navroz Dubash, Conversations on Climate in India, Presentation at Project Catalyst, London, July 23–24, 2008.

122. I am grateful to an anonymous reviewer of this paper for this point.

123. I am grateful to an anonymous reviewer of this paper for this point.

124. I am grateful to an anonymous reviewer of this paper for this point.

125. Rahul Goswami, “Blind Spots in India's New Action Plan on Climate Change”, Infochange News and Features, September 2008.

126. “Climate Debuts in Indian Polls”, Mail and Guardian, May 13, 2009, election manifestos. Accessible via http://www.indian-elections.com/partymanifestoes.

127. Lok Sabha Elections 2009, “Manifesto of the Indian National Congress.” Accessible via http://www.congress.org.in .

128. See e.g. “Manmohan Singh is a wise wonderful man: Obama”, The Times of India, April 4, 2009 (Obama and Singh meeting on the sidelines of the G-20, discuss climate change).

129. Jon Barnett, “The Geopolitics of Climate Change,” 1/6 Geography Compass 1361–1375 (2007).

130. Prodipto Ghosh, “Climate Change and India”, Presentation to India-EU Roundtable, The Energy and Resources Institute, September 19, 2007.

131. Chandrashekar Dasgupta, “Shifts on Climate Change: Rich Countries would like Poorer Countries to cut emissions”, The Telegraph, September 1, 2008.

132. See e.g. “Climate Change: Poznan Produces a Vision Gap,” Inter Press Service News, December 13, 2007 (Prodipta Ghosh referring to the outcomes of the conference as representing the saddest moment in 12 years of following the negotiations).

133. See National Greenhouse Gas Inventory Data FCCC/SBI/2007/30 for the period 1990–2005, 24 October 2007, FCCC/SBI/2007/30, at 8. The figures if LULUCF is included are: – 4.6% for all Annex I, - 36.2 for Annex I, and +10 for other Annex I.

134. See National Greenhouse Gas Inventory Data, 2007.

135. See National Greenhouse Gas Inventory Data, 2007.

136. See “Climate change: EU on track towards Kyoto target but efforts must be maintained, projections show,” IP/07/1774, Brussels, November 27, 2007.

137. See “Japan says can meet Kyoto Goals,” Reuters, February 11, 2008

138. See National Greenhouse Gas Inventory Data, 2007.

139. See National Greenhouse Gas Inventory Data, 2007.

140. See National Greenhouse Gas Inventory Data, 2007.

141. The European Union has adopted unilateral targets to reduce emissions by at least 20% below 1990 levels by 2020, and it has proposed an objective of 30% reduction below 1990 levels by 2020 if other developed countries follow suit and “economically more advanced developing countries” contribute. Presidency Conclusions, Brussels European Council, March 8–9, 2007. Accessible via http://www.consilium.europa.eu/ueDocs.

142. A group of Annex I countries recently submitted the ranges and base years that are under consideration nationally, but the note was prefaced by the caveat that it was for information purposes only and did not entail any “collective political endorsement or acceptance by the submitting Parties” of the information. See, Joint Submission by Australia, Belarus, Canada, the European Community and its Member States, Iceland, Japan, New Zealand, Norway, Russia, Switzerland, Ukraine, Information relating to Quantified Emission Reduction and Limitation Objectives as submitted by Parties, 29 April 2009. Accessible via http://unfccc.int.

143. G8 Hokkaido Toyako Summit Leaders Declaration, Hokkaido Toyako, July 8, 2008. Accessible via http://www.g8summit.go.jp/eng.

144. This is not to suggest that developing countries bear no responsibility for their polluting behavior or for their destiny – clearly they do.

145. See generally the website of the India Brand Equity Foundation, a public-private partnership to showcase India's achievements and vision, to “brand” and project India to the world., Accessible via http://ibef.org.

146. See Praful Bidwai, “No room for hot air,” Hindustan Times, July 2, 2007.

147. Statement by N. Sen, Permanent Representative of India to the UN, during the Thematic Debate on Addressing Climate Change, at the 62^nd session of the UN General Assembly, New York, February 13, 2008.

148. IPCC Working Group II Report, Impacts, Adaptation and Vulnerability (2007) Summary for Policy Makers accessible via www.ipcc.ch; for a flavour of the Indian reactions to this report see “Forget Himalayan Glaciers” The Times of India, April 2, 2007 and “Fighting Warming in an Unequal World” The Times of India, April 4, 2007.

149. Quoting H. Miller, Stanford University, in “Poor nations to bear the brunt as the world warms” New York Times News Service, The Times of India, April 2, 2007.

150. Statistics, Human Development Report (2007).

151. See Sathaye et al, “Climate Change, sustainable development and India: Global and national concerns,” Current Science Vol 90., No. 3, pp 314–318 (2006).

152. See “How Climate Change hits India's poor” BBC News, February 1, 2007.

153. IPCC Working Group II Report, Impacts, Adaptation and Vulnerability (2007) Summary for Policy Makers available at www.ipcc.ch; for a flavour of the Indian reactions to this report see “Forget Himalayan Glaciers” The Times of India, April 2, 2007 and “Fighting Warming in an Unequal World” The Times of India, Accessible via April 4, 2007; See Sathaye et al, “Climate Change, sustainable development and India: Global and national concerns,” Current Science Vol 90., No. 3, pp 314–318 (2006), J. Roy, “A Review of Studies in the context of South Asia with a special focus on India: Contribution to the Stern Review” 2006, and A. Challinor et al, “Indian Monsoon: Contribution to the Stern Review” 2006

154. See Sathaye et al, “Climate Change, sustainable development and India: Global and national concerns,” Current Science Vol 90., No. 3, pp 314–318 (2006) at 318-9 and Challinor et al “Indian Monsoon: Contribution to the Stern Review” 2006.

155. See Sathaye et al, “Climate Change, sustainable development and India: Global and national concerns,” Current Science Vol 90., No. 3, pp 314–318 (2006) at 318-9 and Challinor et al “Indian Monsoon: Contribution to the Stern Review” 2006.

156. Stern Review on the Economics of Climate Change (2006) Accessible via http://www.hm-treasury.gov.uk, Executive Summary at 6; see also “Climate Change in South Asia: A Conversation with Sir Nicholas Stern” February 14, 2007. Accessible via http://web.worldbank.org.

157. Stern Review on the Economics of Climate Change (2006) Accessible via http://www.hm-treasury.gov.uk, Executive Summary at 6; see also “Climate Change in South Asia: A Conversation with Sir Nicholas Stern”14 February 2007, available at web.worldbank.org; see also Roy and Challinor et al, J. Roy, “A Review of Studies in the context of South Asia with a special focus on India: Contribution to the Stern Review” 2006, and A. Challinor et al illustrate with the failure of the monsoon in July 2002 which resulted in a 3% drop in GDP.

158. From a study by Arvind Virmani, cited in “In India a prayer for rain, despite a deluge,” The New York Times, July 6, 2007.

159. J. Roy, “A Review of Studies in the context of South Asia with a special focus on India: Contribution to the Stern Review” 2006, and A. Challinor et al.

160. G. Ananthapadmanabhan, K. Srinivas and Vinuta Gopal, Hiding Behind the Poor, November 12, 2007. Accessible via http://greenpeace.org/india.

161. See Praful Bidwai, “No room for hot air,” Hindustan Times, July 2, 2007.

162. India has 36 billionaires on the Forbes list of world's richest, the highest in Asia. It has 3 in the top twenty, second only to the US. See “The Worlds Richest People,” Forbes, August 3, 2007.

163. 34.3% of Indians live on less than 1US$ a day, and 80.4% on below 2 US$ a day, previous n 10.

164. Parthapratim Pal and JayatiGhosh, “Inequality in India: A survey of recent trends,” DESA Working Paper No. 45, ST/ESA/2007/DWP/45m July 2007; see also, Asian Development Bank, Inequality in Asia, 2007. Accessible via http://adb.org.

165. Prodipto Ghosh, quoted in Raj Chengappa, “Apocalypse Now”, India Today, April 23, 2007.

166. Banuri K. et al, “Equity and Social Considerations” in James P. Bruce, H. Lee and E. Haites (eds), Climate Change 1995: Economic and Social Dimensions of Climate Change (Cambridge University Press, Cambridge, 1995) 53, 94.

167. See E. Schokkaert and J. Eyckmans, “Greenhouse Negotiations and the Mirage of Partial Justice,” in Global Environmental Economics: Equity and the Limits to Markets 206 (M. Dore and T. Mount eds, 1998); see also M. Grubb, “Seeking Fair Weather: Ethics and the International Debate on the Climate,” 71 Int'l Aff. 463, 491 (1995).

168. See Axel Gosseries, “Historical Emissions and Free Riding” in Justice in Time: Responding to Historical Injustice (Lukas Meyer ed., 2004).

169. Executive Summary, World Energy Outlook 49 (2007). Accessible via http://www.iea.org.

170. World Energy Outlook (2007). The rate of growth of GHG emissions in India is approximately 4.6% annually as compared to a world average of 2%. See Subhodh Sharma, Sumona Bhattacharya and Amit Garg, “Greenhouse Gas Emissions from India: A Perspective” Current Science Vol. 90, No. 3 (2006), pp 326–33. February 10, 2006.

171. Lavanya Rajamani, “From Berlin to Bali and Beyond: Killing Kyoto Softly?” International and Comparative Law Quarterly Vol. 57, No. 3, pg. 909 (2008).

172. See “US U-turn brings Bali Climate Deal,” Reuters, December 15, 2007, and UN web cast, Conference of the Parties to the UNFCCC, Plenary Meeting, December 15, 2007. Accessible via http://www.un.org/webcast.

173. See M.L. Parry et al eds, IPCC Climate Change 2007: Impacts, Adaptation and Vulnerability. Contribution of Working Group II to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (Cambridge University Press, 2007), Summary for Policymakers, 20.

174. See M.L. Parry et al eds, IPCC Climate Change 2007: Impacts, Adaptation and Vulnerability. Contribution of Working Group II to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (Cambridge University Press, 2007), Summary for Policymakers, 20.

175. See M.L. Parry et al eds, IPCC Climate Change 2007: Impacts, Adaptation and Vulnerability. Contribution of Working Group II to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (Cambridge University Press, 2007), Summary for Policymakers, 20.

176. Prodipto Ghosh argues that even if India were to eliminate all its GHG emissions, “by going back to the stone age,” it would make no difference to climate impacts. See previous n 106. But this does not account either for India's growing emissions or for the baneful influence such a stance would have on other countries, and therefore the international effort to address climate change.

177. Submission by India, Ideas and proposals on the elements contained in paragraph 1 of the Bali Action Plan, Submissions from Parties, Addendum, FCCC/AWGLCA/2008/MISC.5/Add.1 (November 21, 2008) at 25.

178. See generally Stephen Humphreys, The Human Rights Dimensions Of Climate Change: A Rough Guide, The International Council on Human Rights Policy (2008).

179. Status of ratifications of core human rights treaties. Accessible via http://www2.ohchr.org/english.

180. Article 26, Vienna Convention on the Law of Treaties, 1969, reprinted in 8 ILM 1969.

181. There are 162 Parties to the ICCPR, 159 to the ICESCR, 192 to the FCCC and 176 to the Kyoto Protocol.

182. The ICHRP Report notes that human rights impacts can be injected into the dynamic forecasting that already characterizes climate change scenario construction; See generally Stephen Humphreys, The Human Rights Dimensions Of Climate Change: A Rough Guide, The International Council on Human Rights Policy (2008) at 17-18.

183. For a 10% reduction from BAU the Parikh and Kiran paper could find no discernible impact on poverty alleviation or growth rates even in year 35. J. Parikh and B.K. Chandra Kiran, “The Economic Impact of Carbon Emission Restrictions: The Case of India” in Energy Security, Climate Change and Sustainable Development, J. Mathur et al, eds., (2007) 25, at 31.

184. The current share of new and renewable energy sources in India is between 33 and 36%. A major proportion of this figure however is traditional biomass used for cooking (which could have a detrimental impact on forest resources) and electricity from large hydro (methane emissions from which are problematic). Modern renewables account for a mere 2% of the total. See Integrated Energy Policy, 2005. Accessible via http://planningcommission.nic.in/reports.

185. See Eric Zusman, “Recognizing and Rewarding Co-benefits in the post-2012 Climate regime: Implications for Developing Asia”, in The Climate Regime beyond 2012, Institute for Global Environmental Strategies, 2008, Chapter 5.

186. Since one would presumably wish to incentivize CDM activity (i.e. GHG mitigating activity), and discourage excessive air travel (i.e. GHG increasing activity).

187. A suggestion made in the international context by Benito Muller and Cameron Hepburn, “IATAL – an outline proposal for an International Air Travel Adaptation Levy”, Oxford Institute for Energy Studies, October 2006.

188. G. Ananthapadmanabhan, K. Srinivas and Vinuta Gopal, Hiding Behind the Poor, November 12, 2007.

189. Lant Pritchet, “Is India a Flailing State: Detours on the Four Lane Highway to Modernization,” September 18, 2008. Accessible via http://ksghome.harvard.edu.

190. Jon Barnett, “The Geopolitics of Climate Change,” 1/6 Geography Compass 1361-1375 (2007).

191. Pritchet, 2008.

192. Through the course of 2007 and 2008 the Lok Sabha discussed, albeit briefly and peppered with lusty interruptions, numerous aspects of climate change, see http://loksabha.nic.in (under “debates”).

193. “PM Sets Up Panel on Climate Change” The Hindu June 6, 2007.