India is signatory to a number of multilateral environment agreements (MEA) and conventions. An overview of some of the major MEAs and India’s obligations under these is presented below. This issue is discussed in the Section 2.9.4 in Chapter 2.
Convention on International Trade in Endangered Species (CITES), of Wild Fauna and Flora, 1973
The aim of CITES is to control or prevent international commercial trade in endangered species or products derived from them. CITES does not seek to directly protect endangered species or curtail development practices that destroy their habitats. Rather, it seeks to reduce the economic incentive to poach endangered species and destroy their habitat by closing off the international market. India became a party to the CITES in 1976. International trade in all wild flora and fauna in general and species covered under CITES is regulated jointly through the provisions of The Wildlife (Protection) Act 1972, the Import/Export policy of Government of India, and the Customs Act 1962 (Bajaj 1996).
Montreal Protocol on Substances that Deplete the Ozone Layer (to the Vienna Convention for the Protection of the Ozone Layer), 1987
The Montreal Protocol to the Vienna Convention on Substances that deplete the Ozone Layer, came into force in 1989. The protocol set targets for reducing the consumption and production of a range of ozone depleting substances (ODS). In a major innovation, the Protocol recognized that all nations should not be treated equally. The agreement acknowledges that certain countries have contributed to ozone depletion more than others. It also recognizes that a nation’s obligation to reduce current emissions should reflect its technological and financial ability to do so. Because of this, the agreement sets more stringent standards and accelerated phase‐out timetables to countries that have contributed most to ozone depletion (Divan and Rosencranz 2002).
India acceded to the Montreal Protocol along with its London Amendment in September 1992. The MOEF has established an Ozone Cell and a steering committee on the Montreal Protocol to facilitate implementation of the India Country Program, for phasing out ODS production by 2010.
To meet India’s commitments under the Montreal Protocol, the Government of India has also taken certain policy decisions:
- Goods required to implement ODS phase‐out projects funded by the Multilateral Fund are fully exempt from duties. This benefit has been also extended to new investments with non‐ODS technologies.
- Commercial banks are prohibited from financing or refinancing investments with ODS technologies.
The Gazette of India on 19 July 2000 notified rules for regulation of ODS phase‐out called the Ozone Depleting Substances (Regulation and Control) Rules, 2000. They were notified under the Environment (Protection) Act, 1986. These rules were drafted by the MOEF following consultations with industries and related government departments.
Basel Convention on Transboundary Movement of Hazardous Wastes, 1989
Basel Convention, which entered into force in 1992, has three key objectives:
- To reduce transboundary movements of hazardous wastes
- To minimize the creation of such wastes
- To prohibit their shipment to countries lacking the capacity to dispose hazardous wastes in an environmentally sound manner
India ratified the Basel Convention in 1992, shortly after it came into force. The Indian Hazardous Wastes Management Rules Act, 1989 encompasses some of the Basel provisions related to the notification of import and export of hazardous waste, illegal traffic, and liability.
UN Framework Convention on Climate Change (UNFCCC), 1992
The primary goals of the UNFCCC were to stabilize greenhouse gas (GHG) emissions at levels that would prevent dangerous anthropogenic interference with the global climate. The convention embraced the principle of common but differentiated responsibilities which has guided the adoption of a regulatory structure.
India signed the agreement in June 1992, which was ratified in November 1993. As per the convention, the reduction/limitation requirements apply only to developed countries. The only reporting obligation for developing countries relates to the construction of a GHG inventory. India has initiated the preparation of its First National Communication (base year 1994) that includes an inventory of GHG sources and sinks, potential vulnerability to climate change, adaptation measures, and other steps being taken in the country to address climate change. The further details on UNFCC and the Kyoto Protocol are provided in Chapter 5.
Convention on Biological Diversity, 1992
The Convention on Biological Diversity (CBD) is a legally binding, framework treaty that has been ratified until now by 180 countries. The CBD has three main thrust areas: conservation of biodiversity, sustainable use of biological resources and equitable sharing of benefits arising from their sustainable use.
The Convention on Biological Diversity came into force in 1993. Many biodiversity issues are addressed in the convention, including habitat preservation, intellectual property rights, biosafety, and indigenous people’s rights.
These include the promulgation of the Wildlife (Protection) Act of 1972, amended in 1991, and participation in several international conventions such as CITES.
UN Convention on Desertification, 1994
Delegates to the 1992 UN Conference on Environment and Development (UNCED) recommended establishment of an intergovernmental negotiating committee for the elaboration of an international convention to combat desertification in countries experiencing serious drought and/or desertification. The UN General Assembly established such a committee in 1992 that later helped formulation of Convention on Desertification in 1994.
The convention is distinctive as it endorses and employs a bottom‐up approach to international environmental cooperation. Under the terms of the convention, activities related to the control and alleviation of desertification and its effects are to be closely linked to the needs and participation of local land‐users and nongovernmental organizations. Seven countries in the South Asian region are signatories to the Convention, which aims at tackling desertification through national, regional, and sub‐regional action programs. The Regional Action Program has six Thematic Program Networks (TPNs) for the Asian region, each headed by a country task manager. India hosts the network on agroforestry and soil conservation. For details refer to Section 2.12.13.
International Tropical Timber Agreement and the International Tropical Timber Organization (ITTO), 1983, 1994
The ITTO established by the International Tropical Timber Agreement (ITTA), 1983, came into force in 1985 and became operational in 1987. The ITTO facilitates discussion, consultation, and international cooperation on issues relating to the international trade and utilization of tropical timber and the sustainable management of its resource base. The successor agreement to the ITTA (1983) was negotiated in 1994 and came into force on 1 January 1997. The organization has 57 member countries. India ratified the ITTA in 1996.
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