» CLIMATE CHANGE

Climate Change is approved as an international environmental phenomenon that requires urgent attention of the policy makers. Human induced global activities are a threat to the earth. India is susceptible to the climate change, not only because of high physical exposure, but also because of livelihoods and economic activities are closely tied to the natural resource base. International community is, therefore, engaged in finding ways to enhance global and is, therefore, engaged in finding ways to enhance global and national actions to address the problem in a cooperative manner.

Ozone Depleting Substances (Regulation and Control) Rules, 2000

This law is for the regulation of Ozone Depleting Substances. After the coming of this legislation, no person shall produce or cause to produce any ozone-depleting substances, as notified in the schedule to the enactment after the specified date unless he is registered with the authority.

Import of Ozone deleting substances and export of the same to certain countries is totally prohibited. A person who having received financial assistance from Multilateral Fund in accordance with Art.10 and 10A of the Montreal Protocol to which the Central Government is a party for gradual reduction of production of ozone depleting substances, specified in the enactment, limit the production of the ozone depleting substances to the quantities specified therein as per the agreement approved, by the Executive Committee of the Multilateral Fund. The rules regulate the selling and purchase of ozone depleting substances. The rules also prohibit the new investments with ozone depleting substances. The Rules implement the Montreal Protocol on Substances That Deplete the Ozone Layer, which was adopted on 16th September 1987. Although the Convention is 'conscious of the potential climatic effect of emissions of' the substances it regulates, it does not include CO2 emissions in its list of regulated substances and these fall within the purview of Kyoto. Bearing in mind India's lack of responsibility under Kyoto, it can be concluded that India is not bound to reduce its carbon dioxide emissions by any international instrument.

Consumption under the ODS Rules is defined as, 'the amount of that substance produced in India in addition to the amount imported, less the amount exported. This is identical to the definition in the Kyoto Protocol and is aimed at eliminating double counting of emissions between parties to the Convention. It does, however, excuse countries from the responsibility of ozone depleting substances which they export to countries that are not party to the protocol or does not uphold its obligations. Where India exports ozone to depleting substances to a country that is not a party to the protocol, these remain unaccounted for. There seems to be no general international law on equality.

The Government of India has an OZONE CELL which is intended to implement the provisions of the said Rules.