In a general context of deep environmental concern and of a very well developed environmental advocacy, only recently climate change has been considered in India as a major environmental issue. In fact until the beginning of the 21st century India’s general approach to climate change was very much influenced by an international position sustaining the principle of “common but differentiated responsibility”, underscoring the impact of developing countries on climate change. This resulted also in weak measures at the domestic level. To sustain this position the evaluation of the ecological impact of India was mainly based on the per capita quantity of greenhouse gas emissions based more than on quantitative figures. In fact, over the 1850-2010 period, it can be considered that United States and European Union accounted respectively for about 18,6% and 17,1% of all greenhouse gas emissions (mainly carbon dioxide CO2), compared to India 4,1% and Brazil 3,9%. Thus, an Indian citizen today pollutes (in terms of per capita CO2) around 20 times less than an American one and 4 times less than the world average. Nevertheless, as frequently occurs approaching India's charts and tables, there are also two other crucial elements to be mainly observed: the absolute numbers and the rapidity. Despite the per capita aspects, India represents the world's fifth-largest emitter of CO2 and by 2030 its carbon intensity will improve of almost 30%, around 1/3 faster of the global average. While Indian GDP was doubling last decades, the industrial pollution quadrupled and the vehicle one increased eight times. New Delhi relies on non-marked energy sources, including wood and waste, for heating and cooking. Rural population, which today still represent around 70% of India, use such fuel for cooking and 1 over 2 households do not have access to electricity. India, which is the fourth world energy consumer is a widely net importer of Foreign oil and almost 60% of its power generation capacity consists of coal-based (moreover brown coal, which is top-polluting) power plans. Despite celebrated announcements and massive projects, renewable sources represents today not much more than 10% (mostly eolic) and around 2% of electricity derives from the renewable sector. Over the last decade, India's position on Climate change within International context became more proactive, with less ideological and more articulated positions, showing a new consciousness of charting out a developmental pathway which is ecological sustainable [creating] a prosperous, but not wasteful society, and an economy that is self-sustaining [and] mindful of our responsibilities to both present and future generations. India seemed somehow to rediscover its green "genetic" roots, calling into question also Mahatma Gandhi as "the world's early environmentalist" (with his renowned quotations as "the earth has enough resources for our need, but not for our greed"). It is not for coincidence that the 2000s marked also the overthrow of the 2% threshold in expenditure on adaptation as % of GDP (currently 2,6%). Recently Narendra Modi’s government announced a new leap towards an engagement of India in public policies against Climate change. The Indian legal order has also enlarged the judicial instruments to face Climate change, through the expansion of Public Interest Litigation in environmental matters and through the use of some liability intsrtument typical of Common Law. This paper will explore the Indian national policies and the international role of India in Climate change policies, describing the passage from caution to commitment taking over during the last decade and taking into account the legislative and judicial instruments developed by India in order to accomplish this task.
Facing climate change: institutional policies and liability instruments in India
AMIRANTE, Domenico
2016
Abstract
In a general context of deep environmental concern and of a very well developed environmental advocacy, only recently climate change has been considered in India as a major environmental issue. In fact until the beginning of the 21st century India’s general approach to climate change was very much influenced by an international position sustaining the principle of “common but differentiated responsibility”, underscoring the impact of developing countries on climate change. This resulted also in weak measures at the domestic level. To sustain this position the evaluation of the ecological impact of India was mainly based on the per capita quantity of greenhouse gas emissions based more than on quantitative figures. In fact, over the 1850-2010 period, it can be considered that United States and European Union accounted respectively for about 18,6% and 17,1% of all greenhouse gas emissions (mainly carbon dioxide CO2), compared to India 4,1% and Brazil 3,9%. Thus, an Indian citizen today pollutes (in terms of per capita CO2) around 20 times less than an American one and 4 times less than the world average. Nevertheless, as frequently occurs approaching India's charts and tables, there are also two other crucial elements to be mainly observed: the absolute numbers and the rapidity. Despite the per capita aspects, India represents the world's fifth-largest emitter of CO2 and by 2030 its carbon intensity will improve of almost 30%, around 1/3 faster of the global average. While Indian GDP was doubling last decades, the industrial pollution quadrupled and the vehicle one increased eight times. New Delhi relies on non-marked energy sources, including wood and waste, for heating and cooking. Rural population, which today still represent around 70% of India, use such fuel for cooking and 1 over 2 households do not have access to electricity. India, which is the fourth world energy consumer is a widely net importer of Foreign oil and almost 60% of its power generation capacity consists of coal-based (moreover brown coal, which is top-polluting) power plans. Despite celebrated announcements and massive projects, renewable sources represents today not much more than 10% (mostly eolic) and around 2% of electricity derives from the renewable sector. Over the last decade, India's position on Climate change within International context became more proactive, with less ideological and more articulated positions, showing a new consciousness of charting out a developmental pathway which is ecological sustainable [creating] a prosperous, but not wasteful society, and an economy that is self-sustaining [and] mindful of our responsibilities to both present and future generations. India seemed somehow to rediscover its green "genetic" roots, calling into question also Mahatma Gandhi as "the world's early environmentalist" (with his renowned quotations as "the earth has enough resources for our need, but not for our greed"). It is not for coincidence that the 2000s marked also the overthrow of the 2% threshold in expenditure on adaptation as % of GDP (currently 2,6%). Recently Narendra Modi’s government announced a new leap towards an engagement of India in public policies against Climate change. The Indian legal order has also enlarged the judicial instruments to face Climate change, through the expansion of Public Interest Litigation in environmental matters and through the use of some liability intsrtument typical of Common Law. This paper will explore the Indian national policies and the international role of India in Climate change policies, describing the passage from caution to commitment taking over during the last decade and taking into account the legislative and judicial instruments developed by India in order to accomplish this task.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
