Reference Date | Version | January 08, 2024, 1.0 |
Keywords | Climate change, carbon emissions, climate finance, international cooperation, technology |
Legislation(s) / Policy Instruments |
Paris Agreement, 2015, Long-Term Low Emission Development Strategy Report, United Nations Framework Convention on Climate Change, National Action Plan on Climate Change (2008), Mission LiFE |
Jurisdiction | India |
As individuals and communities are nudged worldwide to embrace responsible and sustainable practices, consumption patterns will change, affecting the industries and markets to respond and tailor supply and procurement as per the revised demand, causing a supply shift. Expert guidance from energy legal advisor and infrastructure legal advisor is advisable to implement activities related to sustainable and green practices.
Introduction
During the 27th Conference of Parties, India, through the Union Minister for Environment, Forest and Climate Change, submitted its Long-Term Low Emission Development Strategy (‘LT-LEDS’) report (‘Report’) to the United Nations Framework Convention on Climate Change (‘UNFCCC’). The LT-LEDS has been prepared within the context of India’s right to an equitable and fair share in the global carbon budget to ensure that India’s growth and economic transformation are not constrained and that India’s energy requirements, commensurate with its developing economy, are adequately addressed.
This Article presents the essence of the 121-page Report from the authors’ perspective by navigating through India’s objectives, strategies and commitments concerning climate change.
Background
Paragraph 2 of Article 2 of the Paris Agreement states, “This Agreement will be implemented to reflect equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances.” 1 Adherence to this principle by the Paris Agreement is the acknowledgement by all the parties that while all the countries have a duty towards climate action, each country’s manner and extent of action shall depend on the national circumstances. Thus, the Global South has to develop sustainably, adapting to climate change. In contrast, the Global North must mitigate its emissions and adhere to strict timelines and targets in relation to it.
In the backdrop of this principle, paragraph 19 of Article 4 of the Paris Agreement states, “All Parties should strive to formulate and communicate long-term low greenhouse gas emission development strategies, mindful of Article 2 taking into account their common but differentiated responsibilities and respective capabilities, in the light of different national circumstances.”2
At the 26th Conference of Parties (‘COP’) in November 2021, the parties that had not communicated their LT-LEDS were urged to do the same by COP 27.
Primary consideration guiding India’s approach
India’s approach to the Long-Term Low Emission Development Strategy is premised on four considerations:
- Contribution to Global Warming: India’s per capita annual emissions are only about a third of the global average despite occupying 17% of the world’s population. On the other hand, regions such as North America and Europe account for 13% of the global population, and their contribution to cumulative global emissions is approximately 40%. From a global carbon equity perspective, India is justified in seeking developed countries to undertake early net zero, well before 2050, by investing heavily in negative emissions and providing adequate climate finance, technology transfer, and capacity-building support.
- Significant energy needs that cannot be deferred: India’s annual primary energy consumption per capita in 2019 was 28.7 gigajoules (GJ), much lower than developed and developing countries. Regarding historical and current responsibility, the developed countries still need to manage to reach the ambitious emissions reduction target. India, however, is making continuous efforts to increase the decoupling of emissions from an already low baseline of emissions. Energy efficiency is being used as a key means to promote low-carbon development.
- Low carbon strategies: India aims to synchronize development and climate change by exploring opportunities for transition to low carbon development pathways and ensuring adequate access for development of all sectors. The parallel benefit of climate and development while being mindful of the trade-offs and corresponding costs was recognized by India with the launch of the National Action Plan on Climate Change (NAPCC) on June 30, 2008. The twin goals sought to be achieved were national growth and ecological sustainability. The eight national missions envisaged under NAPCC are:
(i) National Solar Mission
(ii) National Mission for Enhanced Energy Efficiency
(iii) National Mission on Sustainable Habitat
(iv) National Water Mission
(v) National Mission for Sustaining the Himalayan Eco-system
(vi) National Mission for a Green India
(vii) National Mission for Sustainable Agriculture
(viii) National Mission on Strategic Knowledge for Climate Change
India is a coal-based economy, and the low-carbon transition undertaken by India will conform to national circumstances without undermining the developments. It has been found that Global oil and gas emissions are 25% higher than coal emissions. India’s objective of rationally utilizing fossil fuel resources is guided by equity and the need for sustainable development. In 2019, India’s per capita coal consumption was half the world average. Climate finance is necessary for India’s transition to a low-carbon development pathway.
- Climate resilience: The diverse geography of India necessitates adaptation measures and building resilience to potential climate impacts so that development is not hampered and growth is sustainable.
Seven strategic transitions
The LT-LEDS Report envisions seven strategic transitions to achieve a low-carbon development pathway. The seven strategic transitions with the ‘Elements for a Long-Term Low-Carbon Growth Strategy’ are:
- Low Carbon Development of Electricity Systems Consistent with Enhanced Development Benefits
(i) India intends to expand its renewables and, in parallel, strengthen the electricity grid and enhance its flexibility.
(ii) Explore the role of nuclear energy further while enhancing the support towards R&D into future technologies such as biofuels and green hydrogen.
(iii) Appropriate demand-side measures by introducing strong energy efficiency measures and rational use of fossil fuel resources.
(iv) Enable development-friendly transition. Fossil and non-fossil sources are to be used optimally to complement development-friendly transition.
- Develop an integrated, efficient, inclusive, low-carbon transport system
(i) Improved energy efficiency to reduce GHG emissions and fuel demands.
(ii) Adoption of cleaner fuels in a phased manner by gradually increasing the blending of cleaner fuels.
(iii) Promote a shift towards public and less polluting modes of transport by integrating transport with urban planning and enhancing the capacity of railways while also promoting the manufacturing of EVs and batteries.
The gap in this area is a lack of infrastructure, financing, technology standards, data standards and guidelines.
- Promote adaptation in urban design, energy and material efficiency in buildings, and sustainable urbanization.
(i) Promote measures to enhance energy and resource efficiency in the urban planning policies, guidelines and bylaws.
(ii) Promote design, construction and operation of existing and future buildings that are climate-responsive and resilient.
(iii) Pursue resource efficiency in managing water, solid and liquid to ensure low-carbon municipal service delivery.
- Promote economy-wide decoupling of growth from emissions and development of an efficient, innovative, low-emission industrial system.
(i) Improve energy efficiency by promoting process digitization and energy efficient/low carbon technologies.
(ii) Pursue process and fuel switching and electrification in manufacturing based upon availability and access to technology and the provision of climate finance.
(iii) Enhance recycling and material efficiency with the shifting trends in material demand.
(iv) Promotion of green hydrogen technology and infrastructure by boosting R&D and ramping electrolyzer manufacturing capacity. Presently, the cost of production is high, making all green hydrogen-based products more expensive than fossil fuel-based alternatives. Transporting and storing hydrogen is costly, and significant build-out infrastructure is required to reduce the costs of delivered hydrogen. IPR clearance for the technologies (e.g. Electrolysers) is a necessity.
(v) Strengthening the knowledge sharing, awareness and financial support towards low-carbon and sustainable development of MSMEs.
- CO2 removal and related engineering solutions
(i) Presently, Carbon Capture Utilisation and Storage (‘CCUS’) technology is not matured in India. The economic, technical and political feasibility of CCUS is highly uncertain.
(ii) Emphasis is required on Research & Development and building human and infrastructure capacity to address the issues related to high capital costs, safety, logistics
and high auxiliary power consumption.
(iii) Need for cost-effective and less energy-intensive technology to address viability issues concerning retrofitting existing thermal power generating units for CCUS implementation.
(iv) India requires climate finance and technology transfer with effective international collaboration to enter this arena.
- Enhancing Forest and vegetation cover consistent with socio-economic and ecological considerations
(i) Under the Nationally Determined Contributions, the target is to create an additional carbon sink equivalent to 2.5 to 3 billion tonnes of CO2 by 2030.
(ii) Long-term strategy involves restoration, conservation and management of Forest and green cover in biodiversity hotspots. The aim is to improve forest health and hygiene.
(iii) Large-scale enhancement of green cover in urban and peri-urban areas. As for the rural areas, the goal is Rural Greening, which translates into One forest – One village.
(iv) Increase farming income by promoting agroforestry to meet the demand for wood products.
(v) Infrastructure development is a prerequisite.
- Economic and financial aspects of low-carbon development
(i) Low-cost international climate finance and greater international support are needed, as the domestic financing gap is significant. These climate finance estimates may vary across studies due to differences in assumptions, coverage, and modelling approaches; such estimates would fall in the range of trillions of dollars by 2050.
(ii) India intends to enhance the scale, scope, and speed of climate finance from public sources.
(iii) Channelize private finance through equity investments, debt, foreign direct investment (FDI), risk mitigation instruments and other innovative forms of finance.
(iv) India seeks to balance the development, trade, and low-carbon pathway requirements.
Research and Innovation
- Research and innovation at the global and national stages are crucial for climate action, both for mitigation and adaptation purposes, particularly in the context of developing countries, which have to focus on growth and decouple emissions from such growth.
- An approach similar to the one in the COVID-19 pandemic, where the intellectual property rights regime was set aside to meet global challenges, needs to be adopted to promote research and innovation at the global level for climate action.
- India faces many obstacles in its path towards attaining industrial sustainability. Integrating technologies (such as plastic recycling, which has barely taken off) into ambitious climate goals can majorly affect the growth and development of developing countries. Several gaps threaten the industrial long-term transitions, which include:
(i) Technological Lag: Low carbon manufacturing and advanced recycling are at a nascent stage and require significant R&D. It can only be addressed by developing countries being supported by developed countries financially and technologically.
(ii) Innovation Diffusion: There is a need for robust knowledge-sharing and capacity-building actions and initiatives, as adopting green technologies unevenly could negatively impact economies of scale.
(iii) Fragmented Value Chains: There is a need to increase collaboration among industries through cross-chain initiatives and incentives.
(iv) High Investment Costs: Transitioning to infrastructure that is energy efficient and uses cleaner feedstock requires significant upfront investments, discouraging its adoption. This gap can be bridged only by risk-sharing approaches and targeted financing.
(v) Policy Incoherence: Unsynchronized policies can lead to ambiguity and can hamper planning in the long term. Aligning policies with the LT-LEDS and harmonizing such policies across the globe is essential to get direction and attain sustainability.
Adaptation and Resilience
- Growth and development are the primary considerations in adaptation and resilience for developing countries.
- Understanding the risks and vulnerabilities, economic and infrastructural development, strengthened individual resilience through enhancing livelihoods and incomes, new governance capacities and improved coordination, raising resources for adaptation including in the form of adaptation finance, addressing loss and damage, and ensuring equitable and inclusive strategies are all targets to be achieved for adapting to climate change.
- Quantifying adaptation finance needs is challenging. However, the requirement for adaptation finance is inevitably more than the present adaptation finance flow.
Mission LiFE- Lifestyle for Environment
- India announced Mission LiFE at COP26 and has received the support of several countries, including France and the UK. The Mission was later launched in the presence of the UN Secretary-General António Guterres, where India’s Nationally Determined Contributions were updated to promote a healthy and sustainable way of living based on values and traditions that involve moderation and conservation.
- Three key phases involved in Mission LiFE:
(i) Promotion of environment-friendly actions in daily life, on an individual level globally.
(ii) Transformation of the individual demand, consequently responded to by the industry and the markets by tailoring their procurement and supply accordingly.
(iii) A long-term shift in the industrial and governmental policies with the changing demand and supply dynamics to support sustainable consumption and production on the global stage.
International Cooperation
- International cooperation should occur according to the principle of common but differentiated responsibilities dictated by the national circumstances.
- India, towards its commitment to climate action, has taken several steps and initiatives, which include:
- International Solar Alliance
- Coalition for Disaster Resilient Infrastructure
- India-UN Development Partnership Fund
- Leadership Group on Industry Transition
- India is committed to UNFCCC principles of cooperation and meeting the Nationally Determined Contributions under the Paris Agreement. To strengthen international cooperation, the potential avenues of joint projects, joint development of global technology standards, inter-ministerial dialogues and strategic technology partnerships need to be explored.
- Realizing India’s climate goals are contingent on low-carbon technology transfer, financial assistance, and the satisfaction of capacity-building needs under the UNFCCC and the Paris Agreement. The responsibilities of developed nations include not just a reduction of emissions but also the development of international climate finance and technology transfer arrangements.
- Deployment of low-carbon climate technologies on a larger scale cannot be undertaken by India if there is no regime to facilitate global technology transfer and no international climate funds are in place to meet these technologies’ incremental and associated costs.
- While India is undoubtedly committed to advancing common sustainable development goals, cooperation on an international level in technology, finance, and win-win strategies is necessary to support and realize this commitment.
Key Takeaways
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- India has significant energy needs for its development, which cannot be deferred. For context, the primary energy consumption per capita of developed countries like the United States is 282.2 GJ, 340.4 GJ for Canada, 106.8 GJ for the United Kingdom, and developing countries like Brazil 58.2 GJ, 100.1 GJ for South Africa and 101.3 GJ for China. In comparison, India’s primary energy consumption per capita is much lower; in 2019, it was only 28.7 GJ.
- India recognizes the potential for co-benefits between climate and development while noting trade-offs and corresponding costs. India’s mitigation efforts are thus driven not just by climate-specific policies but also by broader development choices.
- Under its updated Nationally Determined Contributions, India aims to achieve about 50 % cumulative electric power installed capacity from non-fossil fuel-based energy resources by 2030, with the help of technology transfer and low-cost international finance, including the Green Climate Fund (GCF).
- Energy efficiency remains a vital part of India’s strategy for low-carbon development. However, achieving energy efficiency requires substantial investment while also strengthening the grid in parallel. India will strive to continue R&D on energy-efficient technologies, pursue electrification, encourage electricity generation from non-fossil fuel sources, and create a carbon pricing programme to incentivize energy efficiency.
- Rational utilization of fossil fuel resources: India is a country that does not have substantial oil and gas-based energy generation, which provides greater flexibility to deal with the intermittencies associated with renewable energy. Therefore, there is significant reliance on coal-based plants to deal with such intermittency. The management of the share of coal in India’s electricity sector will be undertaken carefully to meet multiple objectives, including the deployment of ultra-supercritical, meeting the growing electricity demand, managing the intermittency of renewables, enhancing efficiency outcomes, and avoiding lock-ins as India develops towards net-zero in 2070.
- A prerequisite for India’s transition to a low-carbon development pathway is climate finance and cost-effective and less energy-intensive technology with effective international collaboration to address uncertainty and viability issues in relation to CCUS implementation. The prerequisites for the successful implementation of CCUS by India are collaboration on an international level and the transfer of technology coupled with climate financing.
- Harnessing the power of collective action is also a powerful tool for significantly impacting environmental and climate crises. Mission LiFE embodies a bold vision to catalyze a global paradigm shift towards sustainable practices. The strategy is to trigger a domino effect of change, starting with the demand of individuals. As individuals and communities are nudged worldwide to embrace responsible and sustainable practices, consumption patterns will change, affecting the industries and markets to respond and tailor supply and procurement as per the revised demand, causing a supply shift. The long-term vision is to trigger a shift in the government’s policies to enable support for both sustainable consumption and production.
Legal Support in the Technology,Infrastructure and Energy Sector:
Founded in 2003 by Divjyot Singh and Suniti Kaur, Alaya Legal takes pride in its boutique practice, encompassing Litigation & Arbitration, Corporate and Commercial, Energy & Sustainability and Information Technology (IT) and Artificial Intelligence (AI). The firm offers tailored solutions to its clients to align with their growth objectives, by leveraging their expertise and experience in these sectors.
If you are interested in related topics, reach out for information or support to our legal firm in NCR with expertise in handling oil and gas, renewable energy projects, documentation and arbitration matters related thereto. Our team of energy lawyers and infrastructure legal advisors would be happy to understand your specific requirements and work with your team to address various issues related to matters. Please feel free to contact us for more information on how our legal firm in NCR can help.