INSTITUTIONAL FRAMEWORK FOR SUSTAINABLE DEVELOPMENT

1. INSTITUTIONAL FRAMEWORK FOR SUSTAINABLE DEVELOPMENT BETTERING ENVIRONMENTAL GOVERNANCE AND ACCOUNTABILITY Dr. M.K.RAMESH, PROFESSOR, NLSIU mkramesh13@gmail.com

2. I. NLSIU & ITS ENVIRONMENTAL ENGAGEMENT • FIRST LAW UNIVERSITY IN THE WORLD! • RESULT OF THE JOINT ENDEAVOUR OF THE BENCH, THE ORGANISED BAR AND THE ACADEMIA • FIRST LAW UNIVERSITY TO BEGIN TEACHING ENVIRONMENTAL LAW AT THE BACHELOR OF LAW DEGREE LEVEL- FROM 1991- WHILE THE SUPREME COURT WAS STILL EVOLVING STRATEGIES FOR MAKING ENVIRONMENTAL EDUCATION COMPUSORY AT ALL LEVELS OF SCHOLASTIC STUDIES IN INDIA (- M.C.Mehtav.UoI , 1992) • 1997- INVITED BY GoI, TO BUILD ENVIRONMENTAL LAW CAPACITY IN THE MANAGERS OF ENVIRONMENT – A FIVE YEAR AND NINE MONTHS’ EXERCISE (- in which , the Environmental Law Capacity in a no. of Governamental Institutions- PCBs, Forest & Wildlife Authorities, MoEFetc., Law Academics, Judges and Voluntary Institutions, engaged in Environmental Advocacy, was strengthened) • 1997: CENTRE FOR EXCELLENCE IN ENVIRONMENTAL LAW ESTABLISHED -CEERA

3. OPERATES, MAINTAINS AND MANAGES THE ENVIS ENVIRONMENTAL LAW PORTAL FOR MoEF • 2000:INDIAN JOURNAL OF ENVIRONMENTAL LAW (IJEL)- THE FIRST ENVIRONMENTAL LAW JOURNAL IN INDIA, PUBLISHED • 2009: COMMONS CELL ESTABLISHED- TO DEVELOP INDIAN JURISPRUDENCE ON THE LAW OF COMMONS;TO PROVIDE POLICY OVERSIGHTS AND TO ASSIST THE GOVT. IN CRAFTING NEW LAWS AND REFORM EXISTING LAWS • ON THE ANVIL (2011-12): ESTABLISHMENT OF ENVIRONMENTAL LAW CLINIC • CURRENTLY OFFERING COURSES ON ENVIRONMENTAL LAW; INTERNATIONAL AND COMPARATIVE ENVIRONMENTAL LAW; NATURAL RESOURCES MANAGEMENT LAW; LAND LAWS; WATER LAW AND GOVERNANCE; ENVIRONMENTAL ADVOCACY AND JUSTICE; CLIMATE AND ENERGY LAW - AT BOTH BACHELORS’ AND MASTERS DEGREES IN LAW

4. UNDER THE DISTANCE EDUCATION PROGRAMME A ONE YEAR POST-GRADUATE DIPLOMA IN ENVIRONMENTAL LAW (PGDEL) IS OFFERED AND A COURSE ON ENVIRONMENTAL LAW IS OFFERED IN THE MASTER OF BUSINESS LAW (MBL) PROGRAMME • CURRENTLY, ENGAGED IN BUILDING CAPACITY IN WATER LAWS TO THE RELATED DEPTS. OF THE GOVT.; DRAFTING A COMPREHENSIVE WATER LAW FOR RAJASTHAN GOVT.; REVIEWING THE DRAFT MODEL BILL ON HOUSING RIGHTS TO THE URBAN POOR FOR THE GOVT. OF INDIA AND EXAMININIG THE SCOPE AND IMPLICATIONS OF INTRODUCTION OF NANOTECHNOGY ON THE WORKING OF POLLUTION CONTROL , WASTE MANAGEMENT AND DRAUG LAWS IN INDIA, FOR THE NANO TECHNOLOGY MISSION OF GOVT. OF INDIA

5. II. LEGISLATION , POLICY AND ACTION PLAN ON CLIMATE CHANGE: A PERFORMANCE AUDIT A. INTERNATIONAL COMMITMENTS : • A BENEFICIARY UNDER UNFCC , 1992 AND KYOTO PROTOCOL, 1997 • INCENTIVISED TO ADOPT CDM (-GHG FREE- CARBON NEUTRAL TECHNOLOGY AND DEVELOPMENT MODELS)- INTERNATIONAL FINANCIAL AND TECHNICAL ASISTANCE AVAILABLE FOR PROJECTS • OPERATIVE TILL 2012 (- FIRST COMMITMENT PERIOD)- INITIAL PROMISE OF EXTENSION OF ASSISTANCE IN THE SECOND COMMITMENT PERIOD, THE PROSPECTS OF WHICH, AT THE PRESENT MOMENT, APPEAR BLEAK • COMPLIANCE , INITIATIVES AND INNOVATIONS: (a) DOMESTIC : • NATIONAL CDM AUTHORITY - MAX. BENEFICIARY, AFTER CHINA - OVER 400 PROJECTS CLEARED FOR INTERNATIONAL ASSISTANCE • Energy Conservation Act, 2001- BUREAU OF ENERGY EFFICIENCY (BE),- TO PROMOTE, PRODUCTS, TECHNOLOGIES AND MECHANISMS FOR ENERGY EFFICIENCY

6. Energy Conservation Building Code, 2007 • National Auto-fuel Policy, 2003 • National Urban Transport Policy, 2006 and National Urban Renewal Mission • NATIONAL ACTION PLAN ON CLIMATE CHANGE • CARBON EMISSIONS- BELOW GLOBAL PER CAPITA AVERAGE- EXPECTED TO REMAIN SO EVEN BY 2030! • (b) INTERNATIONAL COOPERATION: • PART OF B.A.S.I.C • COOPERATION WITH U.S, CHINA

7. B. OUTSTANDING PROBLEMS: INTERNATIONAL PRESENCE AND POSTURING: - UNINSPIRING, INADEQUATE, CONFUSING, VISION SUFFERING FROM MYOPIA ! NOT ABLE TO DISPLAY THE QUALITY OF LEADERSHIP FOR DEVELOPING COUNTRIES INTERNAL PREPARATION AND PREPAREDNESS: - SUFFERS FROM INTRA-AND INTER-MINISTRIAL CONFLICTS AND CONTRADICTIONS ; POOR AND INADEQUATE MONITORING OF CDM PROJECTS - GRANT OF APPROVALS TO PROJECTS , CONTRIBUTE THE LEAST TO SD; CERTAIN PROJECTS CONSIDERED FOR APPROVAL WITH OUT EITHER GOING THROUGH THE CONSULTATIVE PROCESS OR STAKE HOLDER INVOLVEMENT; LESS THAN ADEQUATE AWARENESS AMONG POTENTIAL STAKEHOLDERS ,INCLUDING LARGE PUBLIC SECTOR UNDERTAKINGS; NOT MUCH OF A THOUGHT GIVEN TO THE FUTURE OF CDM BEYOND 2012 TIME FRAME;

8. MORE INFLUENCED BY THE SET INTERNATIONAL AGENDA (- REDD, REDD+) ; TOO LITTLE INNOVATION OR INVENTIVE MEASURES ; TRANSFORMATION OF ECONOMY-RAPID RISE IN USE OF ENERGY RESOURCES AND GREENHOUSE GAS EMISSIONS ; STAGNATION IN GROWTH OF TRADITIONAL BIOMASS ENERGY (-THAT WHICH IS CARBON NEUTRAL) ; GROSSLY INADEQUATE NATIONAL R&D BUDGET-0.59% OF GDP

9. III. THE WAY FORWARD • CDM PROJECTS- TO PRIORITISE SD IMPERATIVES, GREATER STAKEHOLDER INVOLVEMENT :- OUGHT TO HAVE A VISION BEYOND 2012; • POLICY & LAW CONCERNING ENERGY EFFICIENCY , RENEWABLE ENERGY AND ALTERNATIVE ENERGY SOURCES NEED STRENGTHENING AND BE AN INTEGRAL ASPECT OF COMPLIANCE WITH CLIMATE CHANGE OBLIGATIONS • TRADITIONS AND PRACTICES THAT HAVE CDM/ALT.ENERGY/RENEWABLE ENERGY POTENTIAL OUGHT TO BE GIVEN DUE ENCOURAGEMENT & IMPORTANCE • NEED FOR GREATER INTEREST & INVESTMENT IN R&D IN SHORT: Develop an international Strategy- for negotiation, law-making, commitments and show-casing compliance and Evolve a more Proactive domestic strategy and action plan – of legal reforms, forward looking plans of action and a more inclusive and participatory administrative mechanisms for better governance.

10. FOLLOW THE CONSTITUTIONAL VISION AND COMMAND- THAT GOES BEYOND THE NOTION OF “ SUSTAINABLE DEVELOPMENT” • - Art. 39 (b) & (c) • - Art. 48A read with S.C Judgment in M.C.Mehta v. UoI, 1997 (- PUBLIC TRUST DOCTRINE)- that makes it imperative that all the holders of public offices to discharge their functions in a transparent manner, and be held accountable for all their commissions and omissions- to act always in public interest in an equitous manner

11. Dr. M.K.RAMESH, PROFESSOR National Law School, Bangalore. Phone: +91-80-23213160/23160532/23160533/23160535