Professional Documents
Culture Documents
Arbitration
Arbitration
CREDIT
YEAR-2012 Roll No.-348
ROLL NO:348
SRI AUROBINDO COLLEGE
MENTOR- MR. DEEPAK BALANI
FINAL TERM DEPARTMENT-Mrs.
HEAD OF COMMERCE PROJECT MEENAKSHI
CHOUDHARY
2011-2012
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ACKNOWLEDGEMENT
This project could not have been possible without the
efforts of Mr DEEPAK BALANI (Commerce Department,
Sri Aurobindo College) who not only served as an
excellent mentor but also ensured that I leave no stone
unturned in giving my best. I would like to thank my
friends and family for giving me a congenial
environment to work in.
TUSHAR AWASTHI
B.COM (H) III YEAR
348
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CONTENTS
S.NO PAGE NO.
1. INTRODUCTION 8.
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13. COMMON BUT DIFFERENTIATED RESPONSIBILITY 32.
18 CRITICISM 44.
.
19 CONCLUSION 45.
.
20 BIBLIOGRAPHY 46.
.
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CERTIFICATE
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DECLARATION
TUSHAR AWASTHI
B.COM (H) III YEAR
348
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INTRODUCTION
D
ay by day the cycle of climate on earth is changing. Global
warming has led to season shifting, changing landscapes,
rising sea levels, increased risk of drought and floods,
stronger storms, increase in heat related illness and diseases all over
the world. This has resulted due to emissions of Green House
Gases(GHG’s) from various anthropogenic activities.
Since the inception of Kyoto Protocol in the year 1997, countries all
over the world have become more concerned about ‘Global Warming’.
Industrialized countries are the major contributors to these emissions
compared to the developing countries.
India being one of the developing countries has ratified the Kyoto
Protocol and is emerging as one of the leading Carbon traders under
the Clean Development Mechanism (CDM) of Kyoto Protocol.
Since India generates enormous amount of Municipal Solid Waste,
implementation of CDM project for power generation is incredibly
viable. India can be efficiently used as CDM activity for recovery of
emitted gases & power generation. CDM projects could be very
significant for the economy of the country.
Apart from improving the environment, it would not only contribute
substantially to the overall power generation capacity but can also
give a good return on investment.
Decomposition and stabilization of solid organic waste material has
been taking place in nature ever since life appeared on this planet.
With the progress of civilization and advancements of scientific
knowledge, efforts are being directed towards rationalizing and
controlling the process in such a way as to make it more effective and
efficient. I hope that this project will serve the purpose of
understanding the above subjects in a better and proficient manner.
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WHAT IS CARBON CREDIT?
“Carbon credits are a key component of national and international
attempts to mitigate the growth in concentrations of greenhouse gases
(GHGs). One Carbon Credit is equal to one ton of Carbon”.
There are also many companies that sell carbon credits to commercial
and individual customers who are interested in lowering their carbon
footprint on a voluntary basis. These carbon off setters purchase the
credits from an investment fund or a carbon development company
that has aggregated the credits from individual projects. The quality of
the credits is based in part on the validation process and sophistication
of the fund or development company that acted as the sponsor to the
carbon project. This is reflected in their price; voluntary units typically
have less value than the units sold through the rigorously-validated
Clean Development Mechanism.
There are two distinct types of Carbon Credits:
1. Carbon Offset Credits (COC's) and
2. Carbon Reduction Credits (CRC's).
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Carbon Reduction Credits consists of the collection and storage of
Carbon from our atmosphere through bio sequestration (reforestation,
forestation), ocean and soil collection and storage efforts. Both
approaches are recognized as effective ways to reduce the Global
Carbon Emissions crises.
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How buying carbon credits
can reduce emissions?
Carbon credits create a market for reducing greenhouse emissions by
giving a monetary value to the cost of polluting the air. Emissions
become an internal cost of doing business and are visible on the balance
sheet alongside raw materials and other liabilities or assets.
For example, consider a business that owns a factory putting out 100,000
tonnes of greenhouse gas emissions in a year. Its government is an
Annex I country that enacts a law to limit the emissions that the business
can produce.
So the factory is given a quota of say 80,000 tonnes per year. The factory
either reduces its emissions to 80,000 tonnes or is required to purchase
carbon credits to offset the excess. After costing up alternatives the
business may decide that it is uneconomical or infeasible to invest in
new machinery for that year. Instead it may choose to buy carbon credits
on the open market from organizations that have been approved as being
able to sell legitimate carbon credits.
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Another seller may have already invested in new low-emission
machinery and have a surplus of allowances as a result. The factory
could make up for its emissions by buying 20,000 tonnes of allowances
from them. The cost of the seller's new machinery would be subsidized
by the sale of allowances. Both the buyer and the seller would submit
accounts for their emissions to prove that their allowances were met
correctly.
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BACKGROUND
Burning of fossil fuels is a major source of industrial greenhouse gas
emissions, especially for power, cement, steel, textile, fertilizer and
many other industries which rely on fossil fuels (coal, electricity
derived from coal, natural gas and oil). The major greenhouse gases
emitted by these industries are carbon dioxide, methane, nitrous oxide,
hydro fluorocarbons (HFCs), etc, all of which increase the
atmosphere's ability to trap infrared energy and thus affect the climate.
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Emission allowances
The Protocol agreed 'caps' or quotas on the maximum amount of
Greenhouse gases for developed and developing countries, listed in its
Annex I. In turn these countries set quotas on the emissions of
installations run by local business and other organizations, generically
termed 'operators'. Countries manage this through their own national
'registries', which are required to be validated and monitored for
compliance by the UNFCCC (United Nations Framework Convention
on Climate Change ).
Each operator has an allowance of credits, where each unit gives the
owner the right to emit one metric tonne of carbon dioxide or other
equivalent greenhouse gas. Operators that have not used up their
quotas can sell their unused allowances as carbon credits, while
businesses that are about to exceed their quotas can buy the extra
allowances as credits, privately or on the open market. As demand for
energy grows over time, the total emissions must still stay within the
cap, but it allows industry some flexibility and predictability in its
planning to accommodate this.
By permitting allowances to be bought and sold, an operator can seek
out the most cost-effective way of reducing its emissions, either by
investing in 'cleaner' machinery and practices or by purchasing
emissions from another operator who already has excess 'capacity'.
Since 2005, the Kyoto mechanism has been adopted for CO2 trading
by all the countries within the European Union under its European
Trading Scheme (EU ETS) with the European Commission as its
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Kyoto Protocol
As of February 2009, 183 states have signed and ratified the Kyoto
Protocol to the United Nations Framework Convention on Climate
Change, aimed at combating global warming .The Kyoto Protocol is a
protocol to the United Nations Framework Convention on Climate
Change (UNFCCC or FCCC), an international environmental treaty
with the goal of achieving "stabilization of greenhouse gas
concentrations in the atmosphere at a level that would prevent
dangerous anthropogenic interference with the climate system."
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3. Joint Implementation
To allow annex I economies to meet their GHG emission limitations
by purchasing GHG emission reductions credits from elsewhere,
through financial exchanges, projects that reduce emissions in non-
annex I economies, from other annex I countries, or from annex I
countries with excess allowances. In practice this means that non-
annex I economies have no GHG emission restrictions, but have
financial incentives to develop GHG emission reduction projects to
receive "carbon credits" that can then be sold to annex I buyers,
encouraging sustainable development. In addition, the flexible
mechanisms allow annex I nations with efficient, low GHG- emitting
industries, and high prevailing environmental standards to purchase
carbon credits on the world market instead of reducing greenhouse gas
emissions domestically. Annex I entities typically will want to acquire
carbon credits as cheaply as possible, while non-annex I entities want
to maximize the value of carbon credits generated from their domestic
Greenhouse Gas Projects.
Among the annex I signatories, all nations have established
Designated National Authorities to manage their greenhouse gas
portfolios; countries including Japan, Canada, Italy, the Netherlands,
Germany, France, Spain and others are actively promoting
government carbon funds, supporting multilateral carbon funds intent
on purchasing carbon credits from non-annex I countries, and are
working closely with their major utility, energy, oil and gas and
chemicals conglomerates to acquire greenhouse gas certificates as
cheaply as possible. Virtually all of the non-annex I countries have
also established Designated National Authorities to manage the Kyoto
process, specifically the "CDM process" that determines which GHG
Projects they wish to propose for accreditation by the CDM Executive
Board.
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Kyoto's 'Flexible
mechanisms'
A credit can be an emissions allowance which was originally allocated
or auctioned by the national administrators of a cap-and-trade
program, or it can be an offset of emissions. Such offsetting and
mitigating activities can occur in any developing country which has
ratified the
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allowances. Countries with surplus credits can sell them to countries
with capped emission commitments under the Kyoto Protocol.
These carbon projects can be created by a national government or by
an operator within the country. In reality, most of the transactions are
not performed by national governments directly, but by operators who
have been set quotas by their country.
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Joint Implementation
Joint implementation (JI) is one of three flexibility mechanisms set
forth in the Kyoto Protocol to help countries with binding greenhouse
gas emissions targets (so-called Annex I countries) meet their
obligations. JI is set forth in Article 6 of the Kyoto Protocol. Under
Article 6, any Annex I country can invest in emission reduction
projects (referred to as "Joint Implementation Projects") in any other
Annex I country as an alternative to reducing emissions domestically.
In this way countries can lower the costs of complying with their
Kyoto targets by investing in greenhouse gas reductions in an Annex I
country where reductions are cheaper, and then applying the credit for
those reductions towards their commitment goal.
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Clean Development
Mechanism
The Clean Development Mechanism (CDM) is an arrangement
under the Kyoto Protocol allowing industrialised countries with a
greenhouse gas reduction commitment (called Annex 1 countries) to
invest in ventures that reduce emissions in developing countries as an
alternative to more expensive emission reductions in their own
countries. A crucial feature of an approved CDM carbon project is that
it has established that the planned reductions would not occur without
the additional incentive provided by emission reductions credits, a
concept known as "additionality".
The CDM allows net global greenhouse gas emissions to be reduced at
a much lower global cost by financing emissions reduction projects in
developing countries where costs are lower than in industrialized
countries. However, in recent years, criticism against the mechanism
has increased.
The CDM is supervised by the CDM Executive Board (CDM EB)
and is under the guidance of the Conference of the Parties
(COP/MOP) of the United Nations Framework Convention on
Climate Change (UNFCCC).
The Kyoto Protocol’s Clean Development Mechanism was supposedly
created to help finance sustainable development projects in the world’s
poorest countries. Many of its supporters argued that it would make it
possible for these countries to ‘leapfrog’ or skip the process of
industrialization to a more sustainable economic model. But most of
the money is going to the largest and most industrialized emerging
economies.
Expected average annual carbon credits* from registered projects
under the Clean Development Mechanism (CDM) by host country.
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The official offsets market (at current average prices for carbon
credits) represents approximately $371 million of which nearly 75%
goes to just 3 countries – China, Brazil and South Korea.1,2
Only 3 countries (Bangladesh, Bhutan, and Nepal) from the UN’s list
of 50 Least Developed Countries (LDCs) have registered projects with
the Clean
Development Mechanism. These amount to 3 biomass and 1 micro-
hydro project.
The LDCs’ share of the carbon pie represents approximately 0.33% of
Clean Development Mechanism financing or 1.2 million dollars.
Over two-thirds of Clean Development Mechanism projects are
initiated from just 3 countries: The Netherlands (35.59%), Britain
(20.34%), and Japan (15.25%).
When the Clean Development Mechanism was proposed in the UN
climate negotiations, many campaigners were convinced that it would
provide a boon for the core renewable technologies long championed
by environmentalists – wind, solar, tidal/wave, geothermal and micro-
hydro. However, only 2% of all CDM-sanctioned carbon ‘capital’ goes
towards these essential technologies. The vast majority of credits
generated are the result of a few industrial gas capture projects at
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major chemical and manufacturing plants that capture HFC – a
powerful greenhouse gas. Critics argue that these sources should not
be paid to clean up a mess of their own making. That these companies
are significant polluters in other respects is not factored in to the
decision-making process.
Of the 176 registered offset projects with the UN’s climate office, 99
are biomass projects, initiated by industries such as sugar refineries
that have huge environmental impacts in other areas.
‘Renewable’ includes wind, solar (heating and photovoltaic),
tidal/wave, geothermal and micro-hydro power generation.
‘Bio energy’ includes projects that use agricultural and animal waste
products for fuel as well as gases extracted from organic waste
decomposition in landfills.
‘Efficiency’ projects involve some energy-conservation measures and
improvements.
‘Dams’, though technically considered to be ‘renewable’, are often
highly controversial and have many other damaging impacts on
communities and the environment. Micro-hydro projects are generally
considered to have few impacts and are therefore included under
‘renewables’.
‘Gas capture’ projects involve major petrochemical and
manufacturing plants that have undertaken to not release powerful
greenhouse gases into the atmosphere.
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Emissions
trading
Emissions trading (or emission trading) is “an administrative
approach used to control pollution by providing economic incentives
for achieving reductions in the emissions of pollutants”. It is
sometimes called cap and trade.
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below their 1990 baseline over the 2008 to 2012 period.
Although these caps are national-level commitments, in practice,
most countries will devolve their emissions targets to individual
industrial entities, such as a power plant or paper factory.
The ultimate buyers of credits are often individual companies that
expect emissions to exceed their quota, their assigned allocation
units, AAUs or 'allowances' for short. Typically, they will purchase
credits directly from another party with excess allowances, from a
broker, from a JI/CDM developer, or on an exchange.
will buy credits for their own account, mainly from JI/CDM
developers. These deals are occasionally done directly through a
national fund or agencies, as in the case of the Dutch governments
ERUPT programme, or via collective funds such as the World
Bank’s Prototype Carbon Fund (PCF). The PCF, for example,
represents a consortium of six governments and 17 major utility
and energy companies on whose behalf it purchases credits.
Since allowances and carbon credits are tradable instruments with
a transparent price, financial investors can buy them on the spot
market for speculation purposes, or link them to futures contracts.
A high volume of trading in this secondary market helps price
discovery and liquidity, and in this way helps to keep down costs
and set a clear price signal in CO2 which helps businesses to plan
investments. This market has grown substantially, with banks,
brokers, funds, arbitrageurs and private traders now participating in
a market valued at about $60 billion in 2007. Emissions Trading
PLC, for example, was floated on the London Stock Exchange's
AIM market in 2005 with the specific remit of investing in
emissions instruments.
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Although Kyoto created a framework and a set of rules for a global
carbon market, there are in practice several distinct schemes or
markets in operation today, with varying degrees of linkages
among them.
Kyoto enables a group of several annex I countries to create a
market-within-a-market together. The EU elected to be treated as
such a group, and created the EU Emissions Trading Scheme
(ETS). The EU ETS uses EAUs (EU Allowance Units), each
equivalent to a Kyoto AAU. The scheme went into operation on 1
January 2005, although a forward market has existed since 2003.
Since the creation of Kyoto is subject to a lengthy process of
registration and certification by the UNFCCC, and the projects
themselves require several years to develop, this market is at this
point largely a forward market where purchases are made at a
discount to their equivalent currency, the EUA, and are almost
always subject to certification and delivery (although up-front
payments are sometimes
made). According to IETA, the market value of CDM/JI credits
transacted in 2004 was EUR 245 m; it is estimated that more
than EUR 620 m worth of credits were transacted in 2005.
Several non-Kyoto carbon markets are in existence or being
planned, and these are likely to grow in importance and numbers in
the coming years. These include the New South Wales Greenhouse
Gas Abatement Scheme, the Regional Greenhouse Gas Initiative
and Western Climate Initiative in the United States and Canada, the
Chicago Climate Exchange and the State of California’s recent
initiative to reduce emissions.
These initiatives taken together may create a series of partly linked
markets, rather than a single carbon market. The common theme is
the adoption of market-based mechanisms centered on carbon
credits that represent a reduction of CO2 emissions. The fact that
some of these initiatives have similar approaches to certifying their
credits makes it possible that carbon credits in one market may in
the long run be traceable in other schemes. The scheme would
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broaden the current carbon market far more than the current focus
on the CDM/JI and EU ETS domains. An obvious precondition,
however, is a realignment of penalties and fines to similar levels,
since these create an effective ceiling for each market.
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Objectives
The objective of the Kyoto climate change conference was to
establish a legally binding international agreement, whereby all the
participating nations commit themselves to tackling the issue of
global warming and greenhouse gas emissions.
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Details of the agreement
According to a press release from the United Nations Environment
Programme:
"After 10 days of tough negotiations, ministers and other high-level
officials from 160 countries reached agreement this morning on a
legally binding Protocol under which industrialized countries will
reduce their collective emissions of greenhouse gases by 5.2%”.
The agreement aims to lower overall emissions from a group of six
greenhouse gases by 2008-12, calculated as an average over these
five years. Cuts in the three most important gases –
1. carbon dioxide (CO2)
2. methane (CH4)
3. nitrous oxide (N20) –
will be measured against a base year of 1990.
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The Kyoto Protocol was adopted at the third session of the
Conference of Parties to the UNFCCC (COP3) in 1997 in Kyoto,
Japan. Most provisions of the Kyoto Protocol apply to developed
countries, listed in annex I to the UNFCCC. Emission figures
exclude international aviation and shipping.
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Common but differentiated
responsibility
The United Nations Framework Convention on Climate Change
agreed to a set of a "common but differentiated responsibilities."
The parties agreed that:
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Market trend
Carbon emissions trading has been steadily increasing in recent years.
According to the World Bank's Carbon Finance Unit, 374 million
metric tonnes of carbon dioxide equivalent (tCO2e) were exchanged
through projects in 2005, a 240% increase relative to 2004 (110
mtCO2e) which was itself a 41% increase relative to 2003 (78
mtCO2e).
In terms of dollars, the World Bank has estimated that the size of the
carbon market was 11 billion USD in 2005, 30 billion USD in 2006, and
64 billion in 2007.
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International Carbon Action Partnership (ICAP) as an international
body to help co-ordinate this.
Business reaction
With the creation of a market for mandatory trading of carbon
dioxide emissions within the Kyoto Protocol, the London financial
marketplace has established itself as the centre of the carbon finance
market, and is expected to have grown into a market valued at $60
billion in 2007. The voluntary offset market, by comparison, is
projected to grow to about $4bn by 2010.
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The International Air Transport Association, whose 230 member
airlines comprise 93% of all international traffic, position is that
trading should be based on “benchmarking,” setting emissions levels
based on industry averages, rather than “grandfathering,” which
would use individual companies’ previous emissions levels to set their
future permit allowances. They argue grandfathering “would penalise
airlines that took early action to modernise their fleets, while a
benchmarking approach, if designed properly, would reward more
efficient operations."
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Asia Pacific Partnership on
Clean Development and
Climate
The Asia Pacific Partnership on Clean Development and Climate is an
agreement among seven Asia-Pacific nations: Australia, Canada,
China, India, Japan, South Korea, and the United States. Between
them, these seven countries are responsible for more than half of the
world's carbon dioxide emissions.
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India
India signed and ratified the Protocol in August, 2002. Since India
is exempted from the framework of the treaty, it is expected to gain
from the protocol in terms of transfer of technology and related
foreign investments. At the G8 meeting in June 2005, Indian Prime
Minister Manmohan Singh pointed out that the per-capita emission
rates of the developing countries are a tiny fraction of those in the
developed world. Following the principle of common but
differentiated responsibility, India maintains that the major
responsibility of curbing emission rests with the developed countries,
which have accumulated emissions over a long period of time.
However, the U.S. and other Western nations assert that India, along
with China, will account for most of the emissions in the coming
decades, owing to their rapid industrialization and economic growth.
INDIA VOWS 20- 25% CARBON
INTENSITY CUTS
India on 3rd December 2009 acquired the tag of a “responsible” global
power in mitigating when it announced that it would reduce its carbon
intensity levels by 20-25% on its 2005 level over the next 11 years .
The announcement was made by UNION ENVIRONMENT AND
FOREST MININSTER Jairam Ramesh in Lok Sabha before a
gathering of large number of MPS who, cutting across party lines,not
only recognised that global warming was a serious threat to the
planet ,but also armed the government with flexibility in climate
negotiations that kick off in Copenhagen on December 7th 2009,which
will climax with a global summit on December 18th 2009.
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Impact
Biggest impact will be felt by small and medium enterprises that
form India’s manufacturing base but are carbon intensive .they also
don’t have the capital to quickly shift to clean technology.
Steel and cement industries traditionally carbon intensive, could
come under stress.
The shift from burning wood as fuel to kerosene/gas could slow
down because the latter produce higher emissions.75% of rural and
25% of urban population still burn wood and want to shift to gas
/kerosene.
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India and Copenhagen meet
Copenhagen meet will be held from 7 to 18 th December with the US
president and over 80 world leaders .Indian prime minister Manmohan
Singh’s office announced on Saturday that he will attend the UN
climate change conference which is about to begin Copenhagen.
India ranking 4rth among the world’s top 15 polluters of carbon
dioxide – a greenhouse gas blamed for global warming .The
government recently pledged to cut emissions by 20-25 percent by
2020, compared to 2005 levels.
Leaders of more than 100 nations are taking part in climate change
conference, which aims to reach a new international agreement on
reducing emissions and assistance for developing economies working
to slow the global warming trend.
US President Barrack Obama , India’s Prime Minister Singh and most
other heads of state or government are expected in the Danish capital
during the final sessions of the twelfth day conference which begins
on Monday.
Mr. Obama has revised his travel plans and will be arriving in
Copenhagen on December 18. He had originally intended to take part
in the meetings’ earlier stages but his spokesman Robert Gibbs said
the President decided US leadership would be most productive during
final rounds of talks. Thousands of people rallied in London on
Saturday to demand a strong climate deal at The UN conference.
About twenty thousand people turned out for a demonstration
organised by the stop climate chaos coalition which includes group
such as Oxfam and green peace.
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Following India’s pledge to cut its green house gas emissions by 20-
25% over the next decade , the white house said on Friday that US is
ready to pay a affair share of $10 billion per year in climate aid to
developing countries as part of a new climate change agreement.
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France -0.8% -6.1% 0% -8%
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Below is a table of the changes in greenhouse gas emissions of some countries.
Change in greenhouse gas
Country
Emissions (1992-2007)
India +103%
China +150%
United States +20%
Russian Federation -20%
Japan +11%
Worldwide Total +38%
Criticism
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As with any financial market, emissions traders are vulnerable to
significant risk and volatility. The EU’s trading scheme (EU-ETS), for
instance, issued so many permits between 2005 and 2007 that it
flooded the market. Supply soared and carbon prices bottomed out,
removing incentives for companies to trade. Enforcement of trading
rules can be just as unpredictable, though Fahnestock says the EU is
working to correct the problems.
Conclusion
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Carbon Credit have become entrenched in the broader climate
change debate, however, fundamental scientific and methodological
problems persist. While these remain unresolved, they have the
potential to seriously undermine the financial and environment value
of any carbon credit scheme .The danger is that reducing emission at
source and recapturing carbon through sequestration are being
treated by government and industry as equivalent policy options.
Emission Trading should not be a mechanism that facilitates the
transfer of fossilised carbon locked away for millions of years over
short term biotic sinks. For this reason, the issue of carbon sinks is
currently undermining the integrity of carbon credits and creation of
carbon credit market.
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BIBLIOGRAPHY
Times of India
The Hindu ,Business Line
Indian outlook
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