Environment Law Negotiations

Topic: MODEL NEGOTIATIONS ON MULTILATERAL ENVIRONMENT

AGREEMENTS
The ministry of environment was founded out of Indias obligations under the United Nations
Environment Programme (UNEP) in 1985 with the objective to regulate environment policy
and protect sustainable use of and preservation of natural resources. In these negotiations, the
main objective of the ministry is to ensure that Indias needs are addressed in any Multilateral
Environment Agreement (MEA) that it enters into. To ensure this, two aspects must be
clearly determined i.e. national policy and representation.
The national policy must show a balance between needs of the nation and a countrys
obligation under the various MEAs. Furthermore, any policy must be formed only after the
relevant stakeholders have been given a chance to put forth their views and highlighted key
issues. Therefore it is important to have proper representation in order to make sure that an
effective national policy is arrived at. Both these aspects are crucial to undertake effective
negotiation on any MEA.
On the issue of representation, the Ministry belies that a structure modelled on previous
successful programmes should be utilised. For this the ministry can give the example of
Convention on Biological Diversity, under which National level and State level authorities
have been set up which are responsible for policy planning and implementation. This has led
to two successful projects like Project Tiger and Project Elephant which have shown the
importance of having such nodal agencies. The ministry espouses such a representation
scheme with National and State level agencies that use local resources to implement policy
like in the case of above mentioned projects.
On national policy, keeping in line with global concerns and in order to fulfil various
obligations under MEAs like the Kyoto protocol, the ministry believes that a shift to
renewable energy is essential. This should sternly reflect in any national policy discussed
when negotiating obligations under any new MEA. The ministry understands that this
transition would be difficult and proposes that the process of transition be hastened using
partnerships with developed countries to foster exchange of information and technology like
the US-China Clean Energy Center.
Points Put Forth by State Government:
India relies on older technology is still a developing country. 23% population below
poverty line and 44% energy production relies on coal.
Focus of national policy must be to reduce poverty and increase access to energy.
Transition to renewable energy in this scenario would require more spending and an
increase in technology.
Corporate Representation must bring some tangible benefit to corporations. State can
accommodate tax benefits if corporates can increase funding in these sectors.
In negotiating MEAs in the future, India needs to focus on getting a clause like Article
5 of Montreal Protocol that provides additional funding to countries whose emissions
are below global average like Indias.
Points Put Forth by Local Governance:
Lack of awareness at ground level. There is a need for a marketing strategy to
increase awareness and increase public participation.
There is a need for increased funding at local level and more personnel is required to
ensure proper implementation of any strategy
Agrees with need for provision like Art. 5, Montreal Protocol in future MEA to assist
funding.
Points Put Forth by Corporate Governance:
Dialogue around MEAs is still state centric. Corporations are stakeholders and should
therefore have representations.
Amenable to fund policy initiate if given proper incentives like tax cuts and
representation in partnerships with developed countries to increase access to better
technology.

Negotiations:
The ministry agrees that a clause like Art 5, Montreal Protocol will greatly help funding at
local and state level. Corporations will get representation in State level agencies and in
partnerships with developed countries along with tax benefits. In return they are to participate
in local policy initiatives and launch awareness campaigns under Corporate Social
Responsibility. State governance has no problem with shift if such funding is provided. Local
governance and corporate governance are amenable to such scenario.
Resolution:
National Policy geared towards renewable energy provided enough funding. Corporate
representation ensures the voice of important stakeholder and provides additional support for
funding.