International Indexed & Refereed Research Journal, ISSN 0975-3486,(Print)E-ISSN-2320-5482, April- May (Combind),2013 VOL-IV * ISSUE 43-44

Research PaperLaw

Post Kyoto Climate Jurisprudence for Developing Countries: Recent Trends

* Amit K. Pant April-May ,2013 * Assot. Prof., Faculty of Law, Kumaon University, S.S.J. Campus, Almora Introduction dressing, inter alia, enhanced national/international Climate change is any long-term significant action on mitigation of climate change, including, policy change in the 'average weather' that a given region approaches and positive incentives on issues relating experiences. United Nations Framework Convention to reducing emissions from deforestation and forest on Climate Change (UNFCC) uses 'climate change' for degradation in developing countries; and the role of human-caused change and 'climate variability' for other conservation, sustainable management of forests and changes. Some organizations use the term 'anthropo- enhancement of forest carbon stocks in developing genic climate change' for human-induced changes." countries. Climate change is taking place at an alarming rate across Reducing Emissions From Deforestation In Developthe world. ing Countries Many international steps have been taken The basic concept of the Reducing emissions place to address the problem since United Nations from deforestation in developing countries (REDD) is Framework Convention on Climate Change (UNFCC) that the governments, companies or forest owners in took place in 1992. The present paper aims to discuss the South should be rewarded for keeping their forests and analyze the recent remedies prescribed under in- instead of cutting them down. REDD developed from ternational climate change negotiations specially for a proposal in 2005 by a group of countries calling developing countries. themselves the Coalition for Rainforest Nations. Two Post Kyoto Scenario years later, the proposal was taken up at the ConferAfter the Kyoto Protocol became international ence of the Parties to the UNFCCC in Bali (COP-13). law in 2005, the first official negotiating meeting was One of the major steps taken at Bali is to emphasize the held in the same year in Bonn, where discussion began role of forests in the climate jurisprudence. on the second phase of the Kyoto Protocol i.e. postThe Conference of the Parties, acknowledged 2012. In the very same year, the meeting of the parties the contribution of the emissions from deforestation to occurs in Montreal, where it was agreed that a second global anthropogenic greenhouse gas emissions, and phase of the Kyoto Protocol will be negotiated. No that the forest degradation also leads to emissions, and deadline for finalizing the amended Protocol was agreed needs to be addressed when reducing emissions from to. In the year of 2007 at Bali the annual UN negotia- deforestation. It also recognized the efforts and actions were held and parties agree to 'the Bali Action tions taken by the developing countries to reduce Plan' and a 'road map.' deforestation and to maintain and conserve forest The UNFCCC negotiations are conducted carbon stocks, and the potential role of further actions within two subsidiary bodies, the Ad Hoc Working to reduce emissions from deforestation and forest Group on Long-term Cooperative Action under the degradation in developing countries in helping to meet Convention (AWG-LCA) and the Ad Hoc Working the ultimate objective of the Convention. Group on Further Commitments for Annex I Parties It affirmed the urgent need to take further under the Kyoto Protocol (AWG-KP). The Conference meaningful action to reduce emissions and sustainable of the Parties on its thirteenth session, held in Bali from reduction in emissions from deforestation and forest 3 to 15 December 2007 adopted the following: degradation in developing countries requires stable The Bali Action Plan and predictable availability of resources. The Conference of the Parties, decided to It also recognized that reducing emissions launch a comprehensive process to enable the full, from deforestation and forest degradation in developeffective and sustained implementation of the Conven- ing countries can promote co-benefits and may completion through long-term cooperative action, now, up to ment the aims and objectives of other relevant internaand beyond 2012, in order to reach an agreed outcome tional conventions and agreements and also that the and adopt a decision at its fifteenth session, by ad- needs of local and indigenous communities should be
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International Indexed & Refereed Research Journal, ISSN 0975-3486,(Print)E-ISSN-2320-5482, April- May (Combind),2013 VOL-IV * ISSUE 43-44

addressed when action is taken to reduce emissions from deforestation and forest degradation in developing countries. It invites Parties to further strengthen and support ongoing efforts to reduce emissions from deforestation and forest degradation on a voluntary basis. It encourages all Parties, in a position to do so, to support capacity-building, provide technical assistance, facilitate the transfer of technology to improve, to explore a range of actions, identify options and undertake efforts, including demonstration activities, to address the drivers of deforestation relevant to their national circumstances, with a view to reducing emissions from deforestation and forest degradation and thus enhancing forest carbon stocks due to sustainable management of forests. It encourages the not Annex-1 Parties to apply the Good Practice Guidance for Land Use, Land-Use Change and Forestry. It also requests the Subsidiary Body for Scientific and Technological Advice to undertake a programme of work on methodological issues related to a range of "policy approaches and positive incentives that aim to reduce emissions from deforestation and forest degradation in developing countries noting the programmes based on estimation and demonstration and implications of reduction in emissions from forest degradation. It further notes the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries." Bali no doubt advanced international climate negotiations one step further, but it also highlighted the great challenges facing negotiators in the coming 20 months. United Nations Climate Change Conference (Cop-15), Copenhagen, 2009 According to the Bali Road Map, a framework for climate change mitigation beyond 2012 was to be agreed in COP-15, but the main outcome of the conference was a political agreement, known as the Copenhagen Accord. The Accord recognized inter alia the need for setting up immediately the mechanisms for reducing emissions from deforestation and forest degradation and other land use changes also. United Nations Climate Change Conference (Cop-16), Cancun, Maxico, 2010 It encouraged developing country Parties to contribute to mitigation actions in the forest sector by undertaking the following activities, as deemed appropriate by each Party and in accordance with their respective capabilities and national circumstances: (a) Reducing emissions from deforestation; (b) Reducing emissions from forest degradation;

(c) Conservation of forest carbon stocks; (d) Sustainable management of forests; (e) Enhancement of forest carbon stocks; It also requested developing countries to address drivers of deforestation and degradation and issues such as land tenure and forest governance, ensuring the full and effective participation of relevant stakeholders, inter alia indigenous peoples and local communities. It also confirmed that REDD-plus is to be implemented in phases, starting with readiness activities and evolving into results-based REDD-plus actions that are to be fully measured, reported and verified. The COP also requested the AWG-LCA to explore financing options for the full implementation of resultsbased REDD-plus actions. United Nations Climate Change Conference (Cop-17), Durban, South Africa, 2011 Decision 2/CP.17 on the "Outcome of the work of the Ad Hoc Working Group on Long-term Cooperative Action under the Convention" and other decisions adopted in Durban are also relevant to REDD-plus. For example developing countries have submitted information on forest related actions in relation to NAMAs and issues to be addressed in the future may include how REDD-plus will be handled in reporting on NAMAs and for example in relation to the NAMA registry. In Durban the COP also launched the Green Climate Fund, which will include REDD-plus. The same decision also includes general references to environmental and social safeguards, readiness and preparatory support and involvement of stakeholders, which may be relevant to REDD-plus. United Nations Climate Change Conference (Cop-18), Doha, Qatar, 2011 In Doha COP 18 adopted a decision on the "Agreed outcome pursuant to the Bali Action Plan." The COP-18 decided to undertake a work programme on results-based finance for REDD-plus in 2013 . Subject to financial resources being available the work programme will include two in-session workshops. The aim of the work programme is to contribute to efforts to scale up and improve the effectiveness of REDD-plus finance. As noted above the focus is on results-based finance, not readiness activities. The COP also requested SBSTA and SBI at their 38th sessions to initiate a process for improving coordination of support for REDD-plus implementation and to provide adequate and predictable support, including financial resources and technical and technological support, to developing country Parties. Conclusion In recent years, the international climate jurisprudence is developing in the line to emphasize to reduce the emission by deforestation and degradation of for-

RESEARCH ANALYSIS AND EVALUATION

International Indexed & Refereed Research Journal, ISSN 0975-3486,(Print)E-ISSN-2320-5482, April- May (Combind),2013 VOL-IV * ISSUE 43-44

ests. A scheme dubbed as Reducing Emission by Deforestation and Degradation of Forests (REDD Plus) has been launched by the United Nations for achieving the same. The policy advocates for positive incentives that aim to reduce emissions from deforestation and forest degradation in developing countries based on estimation and demonstration and implications of reduction in emissions from forest degradation. It further

notes the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries. Rightly, this is the need of the time to understand the role of conservation, sustainable management of forests and enhancement of carbon stocks in developing countries and reducing emissions from deforestation and forest degradation.

R E F E R E N C E
1 Savita L. Patil, "Normative Framework of Law Relating to Global Warming" a conference paper at international conference on environmental law, Indian Society of International Law, New Delhi, Dec. 2007 2 See Decision 1/CP.13, Report of the Conference of Parties on its thirteenth session, Bali. 3 See http;//www.redd-monitor.org/redd-an-introduction visited on September 22, 2010. 4 See Decision 2/CP.13, Report of the Conference of Parties on its Thirteenth Session, Bali. 5 Ibid. 6 Ibid. 7 Ibid, this paragraph is also referred to as "REDD-plus" 8 Raymond Clemencon , "The Bali Road Map: A First Step in the Difficult Journey to a Post Kyoto Protocol Agreement", The Sage Journal of Environment and Development, available at http://jed.sagepub.com/content/17/1/70.abstract 9 http://www.eea.europa.eu/themes/climate. 1 0 Para 70, Section III C, Decision 1/CP.16 "The Cancun Agreements: Outcome of the work of the Ad Hoc Working Group on Long-term Cooperative Action under the Convention" 1 1 Para 72, Ibid. 1 2 Para 73, Ibid 1 3 Para 77, Ibid. 1 4 Para 35, Decision 3/ CP.17, annex. 1 5 Decision1,COP18. 1 6 Para 25, Section 2 C, Ibid. 17. Para 28, Section 2 C, Ibid.

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