The perception that developed countries must lead the world in the battle against climate change has been dispelled. At the time when the United States of America (the largest polluter) has withdrawn from the Paris Agreement and reneged on its commitments to reduce carbon emissions, developing countries like India and China (other major polluters) have done the exact opposite by emerging as regional leaders in combating climate change. It is an uphill task for coal addicted economies like India and China to overcome their malignant addiction to burning fossil fuels because fossil fuels are the traditional drivers of industrialization and economic growth.

India has recently doubled its international commitments to reduce carbon emissions and is currently focused on shifting from fossil fuels to renewable energy in a phased, yet time bound manner. The Government of India has decided to halt any further fossil fuel extraction projects for electricity requirement, and instead concentrate on research and development of renewable sources, especially solar energy. Due to the Government’s concerted efforts on research and development over the years, solar energy is becoming increasingly affordable with diminishing costs and greater accessibility. India has also entered into strategic alliances and forged diplomatic relations with both developing as well as developed countries like France in order to reduce carbon emissions and switch to clean energy.

India has become a hub for foreign investors thanks to the Government’s continuous efforts to improve ease of doing business in India. Over the last couple of years, India has experienced a surge of foreign direct investment in the renewable energy sector. This is primarily due to the fiscal and trade related incentives provided by the Government such as interest rate subsidies, preferential tariffs as well as favorable payment mechanisms under the Jawaharlal Nehru National Solar Mission which was launched to tap into large scale investments in the solar energy sector. Further, private companies have been incentivized to collaborate with the government in R&D providing technology. The Government has also removed the entry barriers for foreign investment in the renewable energy sector and has actively facilitated transfer of foreign technology to accelerate the shift from fossil fuels.

India is a country with almost 20% of the world’s population[1] out of which 240 million people do not have access to electricity in 2017[2]. Coupled with this, it faces several socio economic problems such as poverty and unemployment. India has a rich heritage of coal reserves under land as well as under the sea. Coal is therefore the cheapest source of energy in India and producing coal fired electricity is one of the fastest way to achieve economic growth and development for the country.[3] As one of the fast growing economies in the 21^st century, India is trying to follow the path of sustainable development by increasing its commitment towards renewable energy and reducing coal consumption rapidly.

[1] http://www.worldometers.info/world-population/india-population/

[2] https://www.bloomberg.com/news/features/2017-01-24/living-in-the-dark-240-million-indians-have-no-electricity

[3] https://www.bloomberg.com/news/articles/2016-11-02/asia-s-coal-addiction-seen-growing-despite-promises-on-climate

Like many geographically and economically vulnerable countries, India has felt the brunt of climate change in the recent decades. Entire islands have been submerged by rising sea levels and there has been a flurry of climate migration in India in recent years as a result of which millions of lives have been endangered[1]. As a result of climate change induced crop failure, millions have starved to death and thousands of farmers have been driven to suicide due to financial ruin[2]. Climate change also poses a serious threat to biodiversity and several endemic species are quickly disappearing off the face of the earth due to the direct and indirect effects of global warming.

Clean energy revolution in India is plagued by improper planning, resource management and inadequate infrastructure. The Government appears to be fragmented in its efforts to counter climate change. While on one hand the Prime Minister makes passionate pledges to reduce fossil fuel dependence and invigorate the renewable energy sector, the legislative wing of the Government makes counterproductive policy reforms. For instance, India has recently reallocated the funds accumulated in the National Clean Energy Fund (NCEF) towards compensating States for losses incurred due to the introduction of a new indirect tax regime, i.e. goods and service tax (GST). The NCEF was constituted half a decade ago and was funded by the carbon tax levied on consumption of coal and was intended to be used to fund clean energy projects and research. Diverting this important fund for other purposes is a big blow to clean energy. In light of the Indian Prime Minister’s speech and pledges at the Paris Agreement, such outrageous Governmental actions makes one doubt whether India is all talk and no action.

India stands at the brink of the clean energy revolution and faces tough challenges ahead. Administrative and bureaucratic bottlenecks coupled with the country’s historical addiction to coal must be overcome at the earliest through concerted Government and private action in order to pave the way for sustainable development and a greener, cleaner future.

[1] http://www.theenvironmentalblog.org/2016/09/the-tale-of-refugees-from-the-vanishing-islands-why-we-need-to-control-climate-change-now/

[2] http://www.independent.co.uk/news/world/asia/india-heatwave-farmers-suicide-killing-themselves-51-record-temperature-climate-change-global-a7039841.html

For decades, Big Oil has been spreading various rumors about the conspiracy theory behind the claims of environmentalists and scientists who warned us about the direct interlinkages between fossil fuel emissions and climate change which could be catastrophic to planet Earth. These multinational corporations convinced millions of people into actually believing that climate change was a myth and debunked all the scientific evidence which implicated them as the perpetrators of climate change.

However, a series of recently uncovered investigation reports show that Big Oil and various other polluters were aware of the consequences of their actions decades ago and they did nothing about it. They knew the effect of their business on the environment and yet they deluded their shareholders and the public for years without admitting that they were responsible for the largest disaster in human history.

But this is not the first time big industries have lied to the public about the hazardous effects of their corporations just to feed their corporate greed. Big Tobacco had also used similar strategies and gimmicks by undermining medical evidence and statistics about the hazards of smoking and advertising their products as ‘mild’, ‘fresh’ and using other advertising tools to make cigarettes seem safe for consumption. However, once their façade was exposed, heavy regulations and massive penalties were imposed on them, thereby making it more difficult for them to carry out their operations. However, even now they continue to make huge profits in the densely regulated industry because of the long lasting effects of their earlier campaigns. This is true especially in the global south where there is still widespread lack of awareness about the consequences of smoking and Big Tobacco keep getting richer and richer as thousands of lives are lost in the process.

Investigations into Big Oil corporations such as Exxon Mobil have revealed that they too have followed the same tactic used by Big Tobacco for decades. Legal scholars and practitioners argue that similar penalties must be imposed on Big Oil for violation of fundamental human rights and largescale environmental degradation. In fact, a landmark suit was filed by the Commission on Human Rights of the Philippines (a constitutional body with the power to investigate human rights violations) against 47 big polluters including Big Oil members such as Chevron, BP, Shell, etc. accusing them of violating basic human and fundamental rights to life, food, water and environment. This lawsuit aims to hold major polluters accountable for the hardships faced by the people of Philippines due to climate change. Climate change has caused severe disasters such as storms and floods which have ravaged the Philippine islands and left millions of dead and destitute behind. The Commission demands that the polluters explain how these human rights violations will be remedied, eliminated and prevented.

As per the internationally recognized polluter pays principle, those responsible for causing environmental degradation must be held liable. This principle is one of the cornerstones of international environmental jurisprudence and must be applied to Big Oil. They must be held liable to pay damages for the destruction they have caused and they must immediately be stopped from burning fossil fuels and causing further emissions. The International Court of Justice has used this principle successfully in the past to hold factories and industries liable for environmental damage in cases such as the Pulp Mills case, Chorzow Factory case, etc. Another important aspect in relation to emissions resulting in climate change is the principle of transboundary environmental harm. This principle fixes liability on industries causing environmental pollution which extends beyond the sovereign territory of their country. Since, the impact of Big Oil emissions has caused global warming and affected countries across the globe, especially vulnerable countries in the global south, they must be held liable for transboundary environmental harm as well.

The Philippine case is a first major step in the right direction. It is high time that polluters face the consequences of their actions and explain themselves to the public. Like Big Tobacco, Big Oil and other major carbon emitters must be heavily penalized and be compelled to remedy the damage they have inflicted. An efficient international carbon tax policy must be designed which will make it economically unfeasible to burn fossil fuels and force corporations to switch to cleaner alternatives. Unlike the tobacco tragedy, the climate change genocide is irreversible and of larger magnitude. It is high time that we stopped believing that climate change is a myth and a conspiracy. Climate change is real, it has already happened and continues to happen even as we deliberate. As a collective species, we have little time to remedy the damage done and prevent further emissions. The time for half measures is at an end and polluters must be held absolutely liable and be made to pay to remedy the damage they have done to Earth. Clean energy is the only way forward and we have the necessary technology to harness clean energy. There is absolutely no excuse for our dependence on fossil fuels anymore and the longer we ponder on the possibility of climate change, the shorter will be our time on planet Earth.

Our dependence on fossil fuels over centuries has depleted most of the available fossil fuels on earth and we have been forced to dig deeper into the Earth’s core to extract the last remaining pockets of ancient carbon. However, the incontrovertible truth is that a time will soon come when the last of these non-renewable energy sources will be depleted. Judging by the manner in which global consumption of energy continues to escalate, the fossil fuels have will be depleted within the next few decades anyway. Big Oil and other major emitters know this and continue to inflate their prices to earn as much profit as possible before the dirty gold beneath the earth’s surface runs dry.

However, the continued use of fossil fuels even for the next decade will definitely spell doom for planet Earth and climate change will be truly irreversible if we continue our dependence of non-renewable sources of energy until it runs out. When fossil fuels run out, we will wake up to the dawning realization that we didn’t just lose our primary source of energy, we also lost the fight to save our species from extinction. It will be too late to take action a few decades from now, which is why we must act immediately.

Clean energy or renewable energy such as solar, wind and tidal energy are the future of our civilization. They do not pollute and release harmful emissions and unlike fossil fuels, they are abundant and inexhaustible in nature. However, harnessing these energy sources in an efficient manner has been a major issue plaguing scientists for the last few decades. However, we now know that due to scientific development it is now possible and economically feasible to switch over to clean energy sources for our daily needs. Electricity, transportation, etc. can all be efficiently achieved in a clean and sustainable manner if investments are made into harnessing these technologies.

The only current roadblock is the lack of political will. This is an international phenomenon and most States have not given adequate importance to the issue of sustainable development through the use of clean energy. We know that we have the technology and we know we can harness it, so the only thing left to do is make investments and transform the way we source energy. All that it takes to achieve this mission now is unified and persistent political will. This does not merely mean vote bank politics and false promises, but actually taking initiative and prioritizing clean energy solutions over other issues. Developed countries must take the lead in this transformative revolution to end the dependence on fossil fuels and switch to renewable sources entirely. Developing and least developing countries must work in collaboration with developed countries and technology sharing and benefit sharing initiatives must be taken on the political front to bridge the technological gaps among different countries in order to liberate the world from the shackles of fossil fuels. Large energy corporations must be provided adequate incentives and encouragement to switch to renewable energy and conduct research and development activities on improving access to clean energy sources. On the other hand, harsh measures such as preventive carbon tax must be imposed which will make it economically unviable for corporations to burn fossil fuels. This double-edged carrot and stick approach, if implemented on an international scale by political leaders will surely bring us a lot closer to achieving the targets set out in the Paris conference.

Sustainable development has been discussed and deliberated ad nauseam at various international panels and conferences, however little has been actually done in comparison to achieve the ambitious targets envisioned. In light of the resolutions taken at the Paris conference, it is the need of the hour that political leaders across the globe prioritize clean energy driven economies above all other issues and stop turning a blind eye to the realities and tragedies of emissions induced climate change.

Last year at the 21^st Conference of Parties (CoP 21) at Paris, several delegates and member states of the United Nations Framework on Climate Change (UNFCC) participated in a series of intense and complex negotiations on the issue of climate change mitigation and controlling global temperatures. Several resolutions were passed and many policy recommendations were made in furtherance of these negotiations. However, the grand event was also characterized by significant behind the scenes action taking place in the form of sponsorship led ‘corporate greenwashing’ with some of the world’s biggest polluters infiltrating the conference in subtle ways through sponsorships and lobbying and misusing their influence and extremely deep pockets to further their own private economic interests at the cost of deepening a global crisis. These infamous Big Polluters included the likes of major energy companies such as Engie, Renault and EDF France among others and also large international banks such as BNP Paribas who are infamous for financing the largest coal production projects. These corporations stand to gain from failed negotiations and stand to lose from successful ones. Nevertheless, the former UNFCC Executive Secretary Christina Figueres has openly supported inclusion of polluters in the dialogue to curb emissions in order to foster the development of clean energy technology. However, the inconvenient truth is these polluters have successfully been able to infiltrate the decision making process at the negotiations and perhaps this is the reason behind the absence of any strong binding commitments towards curbing emissions imposed on major polluters. Although some effort has been made in the clean energy sector, fossil fuels still continue to fuel the world’s energy sector. Many have blamed the failure of the UNFCC and prior CoPs on the deep and pervasive influence of the Big Polluters on policy making.

The conspicuous banners and advertisements promulgated by some of the Big Polluters in the run up to the CoP 21 provoked public angst among large groups of environmentalists and policy makers who walked out of the negotiations as it was very evident that the elaborate series of negotiations was a mere eye-wash sponsored by the polluters themselves. Many have rightly opined that “when you are trying to burn the table down, you don’t deserve a seat on it”. Essentially, the problem is that of a conflict of interest and prima facie bias which casts a dark cloud of public skepticism on the integrity of climate change negotiations.

Nemo judex in causa sua is one of the fundamental principles of natural justice which says that nobody should be a judge in his own cause. It is a cardinal rule against any appearance of bias. The legal effect of this rule is that it invalidates the effect of any decision(s) made in derogation to it. If this rule was applied to CoP 21 and earlier CoPs, then by logical extension it would mean that the Big Polluters would be undoubtedly barred from participating in the negotiations in any direct or indirect manner as the outcome of the negotiations directly affect their commercial interests. Hence, they cannot be allowed to be a part of a process which aims to significantly disrupt their business operations. Therefore, allowing polluters to exert their influence over negotiations or climate change policies in any manner would be an utter failure of natural justice.

Public interest demands that climate change negotiations are not contaminated by corporate greenwashing tactics which lobby for subsidies and economic protection for Big Polluters. Hence, the UNFCC should not allow polluters and other parties with vested interests to participate in climate change negotiations.  However, a perusal of UNFCC treaty reveals that there is no legal mechanism to actually prevent the polluters from sponsoring these events. Over the years, various countries such as France have graciously accepted large sponsorships made by Big Polluters to fund these expensive events and supported their participation in the climate change dialogues. Hence, it seems that the decision to allow the participation of and sponsorship by the polluters is left entirely to member states which organize the event.

However, a solution to this dilemma may be found in international law which provides a strong precedent in the form of the World Health Organization Framework Convention on Tobacco Control (FCTC), an international treaty adopted by the World Health Organization in 2003. The FCTC essentially seeks to establish an international framework to protect the present and future generations from the economic, social, environmental and hazardous effects of tobacco exposure in any manner. Article 5 lists the general obligations of the parties to the treaty and includes inter alia the obligation of preventing any commercial or other vested interests of the tobacco industry from interfering with public health policy making in accordance with national laws. This provision enumerated in Article 5.3 has effectively enabled countries to kick Big Tobacco out of the entire WHO negotiation process. The urgent need of the hour is for all UNFCC members to unanimously and expeditiously agree to amend the treaty and include an obligation similar to that provided under Article 5.3 of the FCTC. The amendment should be drafted such that it effectively imposes a blanket ban on any direct and indirect form of participation or involvement of companies and individuals who are responsible for fossil fuel induced emissions in the CoP events and negotiations. The language incorporated in this provision should be wide enough to encompass any kind of participant who has vested economic or commercial interests in the fossil fuel industry such as banks and other financial institutions which facilitate the exploitation of fossil fuels. Although, the history of international treaty negotiations shows that the treaty amendment procedure can be extremely lengthy and complex due to disagreements among member states, the proposed amendment to the UNFCC must be made post haste as the CoP 22 at Marrakech is just around the corner and climate change mitigation policies cannot afford to be sabotaged and diluted by corporate greenwashing anymore.

A crucial point of distinction between the two scenarios is that while the impacts of the influence of Big Tobacco in international negotiations is reversible, the effect of the influence of Big Polluters in international climate change negotiations in 2016 may be catastrophic and irreversible. This is because we as a species are at the eleventh hour of our existence on planet earth and every flawed policy and every ineffective measure pushes us closer and closer towards the brink of an apocalyptic extinction.

The Sundarbans, the earth’s largest mangrove delta and home to the indigenous Bengal tiger is facing a grave crisis. Every year, entire islands are being submerged by the rising sea levels caused by unnatural swelling of rivers and unpredictable rainfall. This is not merely an ecological crisis; it is also a socio-economic catastrophe which affects roughly more than 10 million people who inhabit this fragile collection of archipelagos.  Global warming has caused the rapid melting of the Himalayan ice as a result of which, the rivers flowing down into the Bay of Bengal have swelled immensely thereby inundating several small islands in the Sundarbans. The island of Ghoramara, once home to a population of 40,000 has shrunk by two thirds in just a few decades and is now able to accommodate a mere 3000 people. This is not an isolated incident, several other islands in the Sundarbans such as New Moon Island and Lohachara have been completely wiped off the map and many more continue to shrink every year with the rising sea levels.

The loss of human habitat due to global warming has given birth to a new problem of far reaching consequences – the problem of climate refugees. It is estimated by the World Bank that ‘within the next decade, there will be millions of displaced inhabitants from the Sundarbans alone’. These destitute people have no option but to seek refuge in India or Bangladesh. Most of them illegally migrate to India from the Bangladeshi parts of Sundarbans through the river and make their way into Kolkata, one of India’s mega cities, located in close proximity to the Sundarbans. From Kolkata, these refugees make their way throughout India encroaching into various States in search of livelihoods. The majority of such migrants end up working in the unorganized labour sector as daily wage earners; where they are discriminated against and exploited due to their status. Such exploitation is often in atrocious and brutal forms which result in widespread but unreported human rights violations. Thousands of these refugees are forced into prostitution and other immoral and illegal activities in order to earn a living for their families. India’s population is already bursting at the seams and is further aggravated by poverty and poor implementation of welfare policies as a result of rampant corruption. An influx of millions of unwanted and penniless refugees from Bangladesh will make matters much worse. Moreover, India’s food security has been hit hard by climate change induced crop failures in the recent years. A culmination of severe droughts, floods and other natural disasters in various parts of the sub-continent has left the Indian agricultural sector, the economic backbone of the nation severely crippled. Rapid inflation induced by major crop failures and farmer suicides are among the host of socio-economic problems plaguing India as a result of climate change.

An interesting aspect of climate change is that it leaves the global south in the most vulnerable of conditions. The reasoning behind this predicament is two pronged: firstly, most of the global south is geographically more vulnerable as it is most exposed to the oceans and even slight increases in sea level would have significant impact on coastal regions. Secondly, the global south comprises of developing and least developed nations which lack adequate infrastructure, food security, education, resources and technology as a result of which they are relatively less resilient to the vagaries of climate change. In the unique case of India, these problems are further enhanced due to gross social inequality in terms of income, caste, religion, gender and community. These social inequities work in tandem to further weaken climate change resilience and adaptation efforts in the society. Climate change is not merely limited to an environmental crisis; the rippling effects of climate change breed an endless list of diverse economic and social issues such as inflation, poverty, human rights violations and others. Hence, India‘s position in the face of rapid global warming is extremely precarious from all fronts.

Climate refugees use migration as an adaptation mechanism to survive climate change.  However, there was a scientific consensus in the Paris Agreement that the current impacts of climate change were beyond the adaptive capabilities of many communities across the world.  Hence, there is an imminent need to ensure that we as a species limit global temperatures to below 1.5 degrees above pre-industrial levels. 2 degrees is not a safe zone, rather it signifies the beginning of the end and therefore it is critical that we as a collective species act right now to save ourselves from extinction. Controlling earth’s temperature levels at below 1.5 degrees instead of 2 degrees would make a humongous difference to the earth and our quality of life on it. It would among other things, prevent us from losing entire ecosystems and would aid improve food security. Scientists have concluded that the technology required for controlling temperatures below 2 degrees and below 1.5 degrees are the same and well within our current capabilities. The only difference is that more efficient and quicker political will is required if we are to achieve the goal of stabilizing temperatures below the 1.5 degrees target within the century. Efficient and effective deployment of clean and sustainable technology must be made and clean energy policies must be implemented stringently while our dependence on fossil fuels must be unconditionally stopped. The efforts to reduce carbon emissions, and control temperature levels is not an effort to save the earth, it is a plea to save humanity. The history of mankind has been marked with major wars whose outcomes have shaped the course of our lives. However, the convergence of crisis we are facing today in the form of climate change and global warming dwarfs every other human crisis in history in terms of what is at stake; we are waking up to realize the chilling prospect of our extinction in the near future. The time for half measures is at an end, we stand united at the very precipice of our civilization today with a responsibility to make the right choices in order to fight for the very existence of our future generations.