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821. Reforming the Liability Regime for Air Pollution in India

Author:
Shibani Ghosh
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The recent uproar about the toxic levels of pollution in the country’s national capital region has once again brought to fore the failure of the regulatory and legal mechanisms in India to control air pollution. Despite an early legislative acknowledgment of the issues relating to air pollution, and regulatory mechanisms set up consequently, India has not been able to restrict the sharp upward trajectory of air pollution. While several issues with regard to the legal and regulatory regime governing air quality in the country deserve serious and urgent consideration, this paper focuses on one issue in particular – the liability regime for violation of air quality standards. The paper is divided into three parts. The first part discusses the relevant provisions of the law pertaining to liability - civil and criminal - for causing air pollution. The second part identifies three critical issues that have emerged in the current liability regime: (1) the Pollution Control Boards do not have the power to levy penalties; (2) criminal prosecution is not an effective solution; and (3) the National Green Tribunal Act does not provide complete relief. The third and final part of the essay proposes a way forward. It is suggested that the Pollution Control Boards need to be granted additional enforcement powers, and administrative fines for violations should be introduced, albeit with certain conditions.
Topic:
Environment, Health, Governance, Law Enforcement, Law, Reform, and Pollution
Political Geography:
South Asia, India, and Asia

822. Elaborating in the INDC context

Author:
Neha B. Joseph
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Several countries have embarked on nationwide processes to devise their ‘contributions’ towards a new global climate agreement set to be adopted at Paris in 2015. Sixty-two countries have already communicated their contributions to the UNFCCC, in pledges covering around 62.9% of global emissions in 2012. These contributions, formally known as ‘intended nationally determined contributions’ (INDCs) are expected to be the bedrock of post 2020 climate action and the building blocks of the 2015 climate deal, that is currently being negotiated by Parties. This paper discusses the emergence of this concept and outlines some of the legal and technical aspects of a contribution and their implications on ambition, adequacy and political feasibility. Section 3 analyses pledges in the submitted INDCs, with a special focus on G20 countries. The term ‘INDC’ first emerged in 2013 at the Warsaw negotiations of the Conference of Parties (COP) in a decision inviting Parties “to initiate or intensify domestic preparationsfor their intended nationally determined contributions….. and to communicate them well in advance of the twenty-first session of the Conference of the Parties (by the first quarter of 2015 by those Parties ready to do so)” For developed countries, INDCs will replace their Kyoto Protocol commitments; for developing countries, Nationally Appropriate Mitigation Actions (NAMAs) will continue to be in force as implementation tools supporting the mitigation component of their INDCs. Over the past year, countries have been negotiating to iron out differences on issues like differentiation, legal nature, scope, form and review of contributions with varying levels of success on each front.
Topic:
Climate Change, Diplomacy, Environment, International Cooperation, Treaties and Agreements, and Legislation
Political Geography:
South Asia, India, Asia, and Global Focus

823. The Institutionalisation of Climate Policy in India: Designing a Development-Focused, Co-Benefits Based Approach

Author:
Navroz K. Dubash and Neha B. Joseph
Publication Date:
05-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
While there is growing attention to climate policy, effective coordination, design and implementation of policy require attention to institutional design for climate governance. This paper examines the case of India, organized around three periods: pre-2007; 2007–2009 and 2010-mid-2014, providing institutional charts for each. Several key themes emerge. First, the formation of climate institutions have frequently been driven by international negotiations, even while filtered through domestic context. Second, once established, institutions tend not to be stable or long-lasting. Third, while various efforts at knowledge generation have been attempted, they do not add up to a mechanism for sustained and consistent strategic thinking on climate change. Fourth, coordination across government has been uneven and episodic, reaching a high point with a specialised envoy in the Prime Minister’s Office. Fifth, the overall capacity within government, in terms of specialised skills and sheer numbers of personnel remains limited. Sixth, capacity shortfalls are exacerbated by closed structures of governance that only partially draw on external expertise. Seventh, institutional structures are not explicitly designed to enable India’s stated objective of climate policy in the context of development, which implies specific attention to co-benefits and mainstreaming.
Topic:
Climate Change, Environment, Government, Policy Implementation, and Institutions
Political Geography:
South Asia, India, and Asia

824. A Useful Pause in Arctic Drilling

Author:
Bruce M. Everett
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Until last year, drilling for oil in the Arctic was the subject of considerable discussion focused not only on the potential impacts of Arctic resources on the oil market, but also on the environmental and geopolitical implications of opening this area to development. Prospects for Arctic drilling dimmed considerably in 2015 when Shell decided to abandon its ambitious drilling efforts in the Burger Field in the Chukchi Sea, writing off several billion dollars in the process. The recent collapse in oil prices has probably put a stop to Arctic drilling for the time being, and this pause may prove useful in resolving some of the outstanding issues.
Topic:
Environment, Oil, Natural Resources, Geopolitics, and Maritime
Political Geography:
Russia, Canada, Norway, Denmark, Greenland, Arctic, United States of America, and Oceans

825. Data Intelligence for 21st Century Water Management: A Report from the 2015 Aspen-Nicholas Water Forum

Author:
Dave Grossman, Martin Doyle, and Nicole Buckley
Publication Date:
12-2015
Content Type:
Policy Brief
Institution:
Aspen Institute
Abstract:
The 2015 Aspen-Nicholas Water Forum, brings together each year a select group of water experts with diverse knowledge - from finance and policy to technology and ecosystems - to explore the future of our water system; the role of corporations and municipalities in managing water risk; and the innovations in, and convergence of, water policy, finance, and technology to identify potential game changers. The forum this year specifically focused on water and big data to understand how the emergence of large, but dispersed, amounts of data in the water sector can best be utilized to improve the management and delivery of water for a more sustainable future. Understanding what water data we have, how we collect it, and how to standardize and integrate it may well be a prerequisite to taking action to address a wide range of water challenges.
Topic:
Climate Change, Environment, Science and Technology, Natural Resources, Water, and Global Markets
Political Geography:
Global Focus

826. Regulation, Conversation, and Impact of Shale Gas and Oil in a Low Price Environment

Author:
David Grossman
Publication Date:
11-2015
Content Type:
Policy Brief
Institution:
Aspen Institute
Abstract:
The 2015 Modern Shale Gas and Oil Production Forum, “Regulation, Conversation, and Impact of Shale Gas and Oil in a Low Price Environment,” convened about 60 invited energy leaders, including regulators from leading producing states and representatives from industry and the environmental community. The discussions covered a broad range of environmental and community effects related to shale gas and oil production, including water use and availability, surface and groundwater contamination, air emissions, land use impacts, induced seismicity, and local nuisance issues. The Forum also benefited this year from a meeting of state regulators that took place in the days immediately preceding the Forum. The focus of this meeting was to discuss the concept of a regulatory consultation and assessment process to promote continual regulatory improvement – an idea initially discussed during the 2014 Modern Shale Gas and Oil Production Forum.
Topic:
Energy Policy, Environment, Oil, Global Markets, Gas, and Regulation
Political Geography:
Global Markets

827. The New Pricing Reality in Global Oil and Gas Markets

Author:
Dave Grossman, Claire Farley, and Bill White
Publication Date:
11-2015
Content Type:
Policy Brief
Institution:
Aspen Institute
Abstract:
The 2015 Forum on Global Energy Economy and Security, “The New Pricing Reality in Global Oil and Gas Markets,” was co-chaired by Claire Farley, Member at Kohlberg Kravis Roberts & Company, and Bill White, Senior Advisor and Chairman of Lazard Houston and former Mayor of Houston. Topics discussed included the current and future drivers of global supply and demand for petroleum; specific regional changes and challenges; the global LNG market and market penetration for natural gas; environmental challenges that may impact oil and gas development; and the effect of new technology and data changing planning and investment.
Topic:
Economics, Energy Policy, Environment, Oil, and Global Markets
Political Geography:
Global Focus

828. The New Innovator’s Commercialization Dilemma

Author:
James Hinton and Kent Howe
Publication Date:
04-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
This report outlines the impetus behind the Centre for International Governance Innovation (CIGI) International Intellectual Property Law Clinic, which operated for three months in 2014. It consisted of a partnership among the CIGI International Law Research Program (ILRP), Communitech (the Region of Waterloo’s hub for commercialization of innovative technologies) and leading intellectual property (IP) law firms. The report describes the new innovator’s commercialization dilemma — a multifaceted dilemma arising from lack of IP legal knowledge, lack of financial resources and the high costs associated with IP protection, all of which combine to place the new innovator in a vulnerable position at the early stages of their commercialization timeline. After briefly surveying the current environment for entrepreneurship-based clinics, the report describes the elements and structure of the CIGI clinic. The advantages for participating students as well as first-hand accounts of the benefits of the CIGI clinic are also detailed. Taking lessons learned from the CIGI clinic, the report illustrates how an IP-focused law clinic can help to address the commercialization dilemma. The report describes the manner in which IP clinics might be structured, while reviewing the associated benefits and challenges for each structure. The report also makes brief recommendations for governments, law societies, law schools and IP offices to support the provision of IP legal services through the law clinic model.
Topic:
Environment, International Trade and Finance, Intellectual Property/Copyright, Governance, and Entrepreneurship
Political Geography:
Global Focus

829. The End of the Beginning: Paris COP 2015

Author:
David Runnalls
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
The Paris Conference of the Parties (COP) 2015 is designed to produce the next round of climate change action. There are reasons to believe that the chances for success at the multilateral level are better now that they were before, but even under the most optimistic scenarios, Paris will not be the end of the negotiations. The Paris summit will be crucial to maintaining the momentum that has been building in the private sector and civil society on the issue of climate change. COP 21 has generated an enormous amount of public interest. Civil society actions both before and during the Paris meeting promise to be on a grand scale. In addition, COP21 has excited action from a number of other levels of government not normally seen at these events. Leaders of the IMF, the World Bank and the OECD have all stated that climate change is the principal economic issue facing the world this century. There is a growing realization among the world's economic decision makers that the shift to a low-carbon economy is not only a necessity, but also may be less costly than we believe. The need to identify both public and private financing solutions is the greatest hurdle facing the Paris COP. CIGI's climate change research is tackling the issue of financing sustainable development, in addition to how agreements can be reached by smaller countries, how to address the problems of the delayed benefits from mitigation, ways that China can exercise leadership in this arena, and how the world's financial institutions can help mobilize climate finance from the private sector.
Topic:
Civil Society, Climate Change, Energy Policy, Environment, International Monetary Fund, World Bank, Regulation, Financial Markets, and Climate Finance
Political Geography:
Global Focus

830. Central Banks Can and Should Do Their Part in Funding Sustainability

Author:
Andrew Sheng
Publication Date:
06-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Central banks, when purchasing financial assets, should consider selecting assets that will promote sustainability, including climate change mitigation and adaptation. During the 2008 financial crisis, central banks deployed unconventional means to rescue failing banks and insulate economies from depression. Their asset purchases have had strong social impacts, but traditionally, central banks have not explicitly factored social objectives into their decisions or evaluated their impacts beyond the narrow monetary domain. Social impact investing is consistent with a central bank’s mandate to maintain price stability, but those not yet ready to move in this direction should at least incentivize bankers and asset managers to invest in, or lend to, climate mitigation activities and low-emission growth, as well as support a financial transaction tax.
Topic:
Climate Change, Energy Policy, Environment, Markets, Monetary Policy, and Financial Markets
Political Geography:
Global Focus