
Climate negotiations: A process that fails, yet cannot be abandoned
The history of over thirty years of climate negotiations is a story of contradictions. Binding commitments have failed, and so have non-binding commitments. Differentiation has collapsed, and non-differentiation has collapsed alongside it. Compliance mechanisms were abandoned, yet non-compliance mechanisms delivered nothing. Carbon credits, once predicted to command a price of $100 per ton, failed before they even shaped the global markets. Even without them, voluntary offsets failed to generate meaningful change. Every pathway—opposed in theory to its predecessor—has led to disappointment.
Yet despite this repeated failure, the world must continue negotiating. Not because the process has worked, but because the cost of abandoning it may be far greater.
The UNFCCC: A bold beginning, a long struggle
Born in 1992 as one of the three Rio Conventions, the United Nations Framework Convention on Climate Change (UNFCCC) was revolutionary for its time, with the objective of preventing dangerous anthropogenic interference with the climate system, to ensure that food production is not threatened and enable sustainable economic development. It introduced the concept of 'common but differentiated responsibility,' accepting the reality that while climate change is a global challenge, responsibility for action must be weighed based on historical emissions, capacity, and economic development. The world was divided into Annex 1, comprising developed nations obligated to cut emissions, and Non-Annex 1, consisting of developing nations encouraged to pursue sustainable growth without binding targets.
Kyoto's promise: Binding targets that failed
The Kyoto Protocol, the first major instrument of the UNFCCC, established globally accepted CO₂-equivalent reduction targets for Annex 1 nations. In theory, the protocol ensured accountability by imposing compliance penalties, with any country missing its target facing deductions imposed on the next cycle of commitments.
Yet Kyoto failed for reasons that became painfully evident by COP-6 in The Hague in 2000, where negotiations collapsed under political deadlock, forcing the world to reassemble at COP-6bis in Bonn in 2001 to salvage the Kyoto Protocol. And so it emerged, half born, half dead, but celebrations were emphatic: multilateralism had triumphed over unilateralism. Long hours that negotiators spent burning midnight oil over weeks was a bit like a symphony playing while the Titanic was sinking. USA, global leader in climate science, walked away, preferring bilateral actions over multilateral constraints. The protocol crumbled. Russia's surplus emissions, referred to as 'hot air,' meant that even countries that remained within Kyoto could meet their targets without reducing real emissions, using this surplus. Markets that were designed to enforce discipline became tools of convenience.
Kyoto died not just because USA exited but because binding commitments exposed contradictions too great to sustain. Compliance mechanisms assumed that strict enforcement would drive progress, but when compliance threatened economic growth, nations diluted mechanisms beyond recognition or simply walked away.
The Bali Roadmap: A moment of hope that led nowhere
At COP-13 in Bali in 2007, the world attempted to revive multilateralism through the Bali Action Plan, which promised a new framework bridging the gap between developed and developing nations. It introduced the idea of voluntary mitigation plans for developing countries, alongside commitments for technology transfer and financial support. There was hope that a global process could balance emission reduction with sustainable development. Yet, despite optimism, Bali's roadmap never led to binding commitments. The same structural contradictions that plagued Kyoto—finance, differentiation, and enforcement—continued to haunt negotiations.
Copenhagen's Collapse: The illusion of a breakthrough
By COP-15 in Copenhagen in 2009, expectations were soaring. The world anticipated a legally binding successor to Kyoto, one that would finally produce enforceable global action. Instead, Copenhagen collapsed into chaos, yielding only the Copenhagen Accord—a non-binding political declaration that lacked enforcement, differentiation, or financial guarantees. The failure of Copenhagen was a turning point. It signalled the death of binding climate agreements, paving the way for voluntary pledges that would later define the Paris Agreement.
Durban's shift toward voluntary commitments
At COP-17 in Durban, South Africa, in 2011, the world formally abandoned the Kyoto model. The Durban Platform for Enhanced Action laid the foundation for a new global agreement, one that would apply to all nations equally—without differentiation, without binding targets, and without compliance mechanisms. By including major developing nations, it blurred historical responsibilities, yet failed to enforce action, cementing a shift toward voluntary commitments that set the stage for Paris's shortcomings. Durban set the stage for a new era of climate diplomacy, moving significantly away from equilibrium of commitments initially contemplated under the UNFCCC.
Paris Agreement: Non-binding commitments that failed
Having witnessed Kyoto collapse under the weight of binding obligations, the world embraced a voluntary approach with the Paris Agreement in 2015. Differentiation amongst nations in Annex 1 and Non-Annex 1, which remained frozen in time, was abandoned, and all countries committed to targets without legal enforcement. Nations set their own emissions pledges, often presenting business-as-usual scenarios as climate action. And the world celebrated, this time with USA.
The Paris Agreement was celebrated for avoiding the rigidity of Kyoto—there were no compliance penalties, no top-down obligations, and no enforced differentiation. Yet Paris has not delivered, just as Kyoto did not. USA once again walked away in 2017, to join later and walk away again, stripping globalism of yet another foundational participant. Emissions continued to rise, and countries presented long-term climate plans without any direct consequences for inaction. If Kyoto failed because it forced compliance, Paris failed because it removed enforcement entirely.
Negotiations continue, emissions grow
Compounding this failure, global emissions have continued to climb, with total global CO2 emissions from fossil fuel and land use change estimated at 40.9 billion tonnes in 2023. Notably, fossil fuel emissions increased by 1.1% from 2022 (Global Carbon Project). China with 31 % and USA with 13% lead. Countries like India with 8% share of global emissions reflect its low per capita emissions (around 2.07 tCO₂ vs. 9.24 tCO₂ for China). Paris's voluntary pledges, often business-as-usual dressed as ambition, have failed to curb this growth, with UNEP projections estimating a 2.8°C rise by 2100. This relentless rise underscores the disconnect between negotiation rhetoric and reality. Notwithstanding this, almost all Conferences of Parties are considered a success, underlining the politics of climate negotiations. This optics-driven success masks inaction, as negotiators talk while emissions soar.
The collapse of climate markets
Market-based climate solutions crumbled in record time, with near-collapse of the EU Emissions Trading System (EU ETS) and the decline in global carbon credit transactions. Kyoto's carbon credits collapsed as soon as buyers stopped seeing them as valuable for image-building. Developing nations, which had fought hard for the Clean Development Mechanism (CDM), abandoned the principle of using cleaner technologies in favour of immediate economic gains. The initial idea of CDM was to support technologies that led to lower emissions compared to business-as-usual practices, but this too eroded over time.
Markets reacted swiftly. Emission reductions under CDM that were officially assessed to be real and measurable—called Certified Emission Reductions—fell out of favour, and corporations shifted toward Voluntary Emission Reductions, believing that self-regulation offered more credibility than broken compliance markets. In the end, neither delivered real progress.
The mirage of climate finance
The market failure was mirrored by the mirage of climate finance. Pledges of $100 billion annually by 2020, critical for developing nations, fell short, with only $83.3 billion mobilized in 2020, often as mislabelled aid or business-as-usual private sector projects labelled as climate action (OECD). The opaque accounting trust, eroded trust further, particularly for Non-Annex 1 countries reliant on support, highlighting yet another broken promise of global negotiations. Technology transfer and adaptation efforts met a similar fate—underfunded, symbolic, and ultimately ineffective.
Contrasts that lead to the same failure
Kyoto was rigid and failed. Paris was flexible and failed. Differentiation failed. Non-differentiation failed. Compliance failed. Non-compliance failed. Markets failed with a high price on carbon, and markets failed without a price on carbon. With every contradiction leading to failure, the question arises—where does the world go from here?
Why the global process must continue despite failure
The global process must persist, not because it has succeeded, but because it remains the only mechanism that exists. The cost of abandoning multilateral climate negotiations may be greater than the cost of keeping them alive, even in dysfunction.
Without a structured process, the world will revert to fragmented, bilateral agreements, benefiting the powerful nations while leaving smaller states behind. Climate finance, already opaque, will become even more distorted, driven by donor interests rather than genuine emission reductions. The principle of technology transfer and capacity-building, weak as it stands, may vanish entirely, deepening inequality.
Multilateralism may not be perfect, but it forces nations to remain accountable to the global conversation. Abandoning climate negotiations risks opening the door to unchecked national interests, where countries act in isolation, prioritizing competition over sustainability.
Disconnect with 1.5°C/2°C targets
The 1.5°C and 2°C targets were politically grandiose, but scientifically unrealistic. Adopted as compromises (EU's 1996 2°C goal, 2015's 1.5°C push by vulnerable nations), they are unattainable—1.1°C warming already brings extreme impacts, like 50.5°C days in a vulnerable South Asian region—yet dominate discourse while emissions soar. With 1.5°C out of reach and 2°C unlikely (UNEP), countries may choose comfort of optics over truthful ambition needed to soothe a warming world. Globally, tropics face 52°C days by 2050 (IPCC), while Antarctica may see liveable zones, yet rising seas threaten millions. Adopting a differentiated ambition framework within an overall global 1.5°C to 2.0°C framework, where nations set tailored targets reflecting differential impacts, vulnerability, and capacity, supported by finance and technology may enhance outcomes. Varying impacts, like extreme heat or rising seas, demand tailored ambition.
A future defined by imperfect continuation
Kyoto collapsed under rigidity. Paris faltered due to leniency. Every approach has collapsed under its own contradictions. And yet, we must continue—not because we expect success, but because failure to negotiate is worse than failure within negotiations. The world cannot afford to abandon climate diplomacy, even when outcomes disappoint. The mere presence of global negotiations keeps the issue alive. Nations may underperform, but at least the conversation forces them to acknowledge their role. Walking away entirely would mean accepting climate injustice, technological monopolization, and global division.
So where does the world move from here? It needs to move forward, knowing that more climate conferences may fail—but recognizing that to abandon them altogether would be an even greater catastrophe.
From Failure to Function: A new paradigm built on real incentives
The world must now move beyond the binary of binding vs. voluntary, of markets vs. regulation, of differentiation vs. sameness. What is needed is not another format of climate agreement but a different foundation of climate action—one that works with the grain of national priorities rather than against it. Three transitions could anchor this new thinking.
Recognizing carbon as a pollutant
By 2027, nations should establish carbon laws setting mandatory CO2 emission limits, guided by UNFCCC benchmarks within a global framework, supported by GCF-funded law development, like biodiversity frameworks. Despite its global nature, carbon emissions remain excluded from most national environmental laws. They are treated as abstractions rather than pollutants, and this has allowed regulatory evasion on a scale unmatched by any other environmental harm. Integrating carbon into domestic legal frameworks—whether through emission limits, reporting requirements, or impact assessments—could make climate action enforceable within countries, not just between them. The shift need not be punitive. Like SO2 limits, CO2 standards can drive compliance, with GCF grants aiding Non-Annex 1 nations' legal frameworks, as seen in biodiversity strategies. Countries like Denmark have already pioneered such approaches.
Real funds for technology transfer
By 2027, establish a substantial fund, financed by multilateral institutions, governed by recipient nations for technology co-creation. Technology transfer has been promised for decades. But in practice, it has either been symbolic or commercially transactional. What is needed is a dedicated, transparent, and independent fund—not just for access to equipment, but for actual absorption, adaptation, and co-creation of climate technologies in developing countries. This cannot be left to voluntary partnerships. It must be institutionalized with governance that reflects the needs of those who receive, not just those who fund.
Internalize health and lifecycle costs in project finance
By 2028, use multilateral finance to fund a 10% interest rate discount for health-cost ratings. Polluting technologies often appear cheaper because their true costs are delayed and dispersed—borne in future illnesses, degraded air, and depleted ecosystems. A new rating system that estimates the long-term health and environmental costs over a ten-year horizon can radically alter investment behaviour. Even a minor linkage between these ratings and interest rates on climate lending—public or private—could tilt the economic logic in favour of sustainability. This approach does not eliminate profit motives; it realigns them with public welfare.
The Future
When the cost of pollution is invisible, the dirtiest technologies win. When laws cannot regulate carbon, ambition becomes fiction. When technology is monopolized, transitions slow. So where does the world move from here? It may move forward with humility, not celebrations. With policy grounded in reality, not rhetoric. It should recognize that climate negotiations may not always succeed, but also accept that abandoning them is not an option. The global process may not have fixed the climate so far, but now has the experience to do better, by enabling financial rebalancing, and creating entry points for new ideas. Failures have taught us that credible systems must be built on trust and transparency, while factoring in short-termism and realism. The outcomes can still be possibly positive, keeping the possibility of fairness and survival alive.
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Hindustan Times
21 hours ago
- Hindustan Times
What the ICJ ruling means for climate action and justice
Advocates for urgent climate action cheered the International Court of Justice's (ICJ) advisory opinion, which held that climate action is a legal obligation of nation-States. The opinion is a 'planetary' victory at a time when Western governments are increasingly adopting anti-climate stances. Though non-binding, the judgment carries significant legal and moral authority, with the potential to influence future treaty negotiations, domestic legislation, and policy regulations. The court ruled that climate action is no longer optional. States have clear legal obligations under the United Nations Framework Convention on Climate Change (UNFCCC), the Paris Agreement, and customary international law to mitigate and adapt to the climate crisis (PTI) Yet, it is essential to understand whether this opinion is merely a moral win or if it can provide impetus toward a new era of climate justice and action. The answer lies in how the world responds to four key areas addressed by the ICJ: legal obligations, differentiated responsibilities, loss and damage, and the right to remedy. Vanuatu, a small island-nation in the Pacific Ocean facing an existential threat from the climate crisis, led a coalition of 132 countries in calling on the United Nations General Assembly to seek an advisory opinion from the ICJ. In the largest proceedings before the court, 97 States, including India, and 11 organisations made oral statements. The proceedings focused on two main questions: first, what obligations do States have to act on the climate crisis under international law? Second, what are the legal consequences if States fail to take the required climate action? The court ruled that climate action is no longer optional. States have clear legal obligations under the United Nations Framework Convention on Climate Change (UNFCCC), the Paris Agreement, and customary international law to mitigate and adapt to the climate crisis. Additionally, countries must work together in good faith to implement measures to address these issues. Yet, a significant shortcoming is that the court did not provide precise benchmarks for the types of climate actions countries must undertake. The imperative to act stems not only from the duty to protect the environment but also from core human rights treaties affirming the right to 'a clean, healthy, and sustainable environment.' However, the court offered little clarification on how these human rights protections will be enforced. For instance, ICJ rulings that call on Israel to stop military conflict in Palestinian territory on human rights grounds have not been accepted by the Netanyahu government, and have not ended the conflict in Gaza. In a diplomatic win for India, the ICJ acknowledged the principle of Common but Differentiated Responsibilities (CBDR). India has long championed CBDR in climate diplomacy. It has been an agenda-setter, building coalitions within the Global South to negotiate climate agreements that recognise the varying technological and financial capacities of countries. India has consistently insisted that developed countries bear a greater burden in reducing emissions, in proportion to their historical responsibilities. These arguments were put forth by New Delhi in its submissions during the ICJ proceedings. The court called on developed countries to support the Global South through climate finance, technology transfer, and capacity building — particularly in adaptation efforts. However, it avoided any declaration on how the principle of CBDR should apply to growing emissions from emerging economies. The judgment stated that developing countries are expected to act, albeit based on their capabilities. It also took a firm stance on the continued use of fossil fuels, declaring that the production, consumption, and granting of exploration licenses and subsidies constitute 'international wrongdoing.' India currently derives more than two-thirds of its total primary energy from fossil fuels. In light of this judgment, New Delhi may find it difficult to justify its development-linked fossil fuel use, particularly in international groupings that include countries most vulnerable to the climate crisis, such as small island nations. The advisory opinion also addressed one of the thorniest issues in climate diplomacy: loss and damage. For years, countries in the Global South have demanded compensation for the irreversible impacts of the climate crisis, including rising sea levels, devastating floods, and prolonged droughts. While acknowledging that treaty-based mechanisms like the Loss and Damage Fund play a role, the court ruled that injured States have the right to 'restitution, compensation, and satisfaction.' This opens the door for States with low historical emissions — particularly those most vulnerable — to legally demand reparations from larger emitters if scientific links can be established between emissions and harm. While the ICJ's stance on reparations is progressive, it is unlikely to result in direct financial transfers. For example, in 1968, the ICJ asked the US to pay reparations to the Nicaraguan government for violating its sovereignty through armed interventions. The US refused to accept the court's jurisdiction, citing legal caveats that enabled it to avoid paying reparations. The challenge lies in the absence of a roadmap for adjudicating legal claims when climate-vulnerable countries pursue litigation without an international enforcement mechanism to support them. At best, the ruling provides additional leverage for Global South countries to negotiate increased financial support from the Global North during climate talks. In a world marked by failing multilateralism and a lack of political will, it remains unclear to what extent the ICJ's ruling will influence the individual climate actions of States toward a deep and rapid transition to a low-carbon economy. It is likely to remain a rhetorical device rather than an operational tool. Nevertheless, it is a step in the right direction — offering a clear legal framework for how States can hold one another accountable for the climate crisis. Perhaps the most impactful outcome will be the advisory opinion's influence in domestic lawsuits where citizens seek to hold their governments liable for climate inaction. Pooja Ramamurthi has a background in climate and energy diplomacy. Abhinand Siddarth has a background in international law. The views are personal.


The Hindu
a day ago
- The Hindu
World court's advisory opinion boosts climate action
In light of the existential threat posed by climate change, the International Court of Justice (ICJ), also known as the World Court, delivered a landmark advisory opinion on the obligations of states concerning climate change. Advisory opinions, while not technically binding, are regarded as authoritative interpretations of international law by the World Court. They can influence the behaviour of states by generating international pressure. A notable example is the United Kingdom's handover of the Chagos Islands to Mauritius, which followed the advisory opinion on the matter. States cannot ignore their duties The World Court unanimously ruled that states have legal obligations to protect the climate system and clarified the consequences for failing to meet these obligations. Recently, other international courts, such as the International Tribunal for the Law of the Sea (ITLOS) and the Inter-American Commission on Human Rights (IACHR), have also recognised significant responsibilities for states in addressing climate change. This issue transcends politics; states cannot ignore their duties. This advisory opinion is noteworthy in many aspects. First and foremost, the court has interpreted all climate treaties, including the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement, in a seamless manner, along with the best available scientific consensus, to strengthen the operation of many of the treaty provisions. For example, the Paris Agreement aims to limit the increase in global average temperatures to 'well below 2°C' and 'pursue efforts' to limit it to 1.5°C above pre-industrial levels. However, the court used current scientific consensus as well as subsequent conference of parties (COP) decisions to hold that 1.5°C is the relevant threshold that states must work towards. Similarly, the Paris Agreement requires parties to prepare their Nationally Determined Contributions (NDCs), which outline the climate actions they plan to take. However, the court rejected the argument that states had unfettered discretion in preparing their NDCs and that NDCs did not create any legally binding obligations on states. It held that, due to their duty of due diligence and cooperation, states must ensure that their NDCs reflect their 'highest possible' ambition and must proactively take measures that are reasonably capable of meeting those NDCs. The decision also has significant implications for the Global North-South divide and climate justice, with the court highlighting the importance of the principle of common but differentiated responsibilities and respective capabilities (CBDR-RC). Accordingly, the standard for assessing countries' climate actions would depend on factors such as historical emissions, level of development, and current national circumstances. The court also explained the duties of cooperation and assistance, and clarified that developed countries have a legally binding obligation to provide financial resources and technology transfer to developing countries for both mitigation and adaptation. While the Paris Agreement does not specify a specific level of financial support, the court observed that this obligation must be interpreted in light of the overall temperature goal and subsequent agreements. Breach of this obligation can be assessed against a standard of good faith and due diligence. Self-contained regime Notably, the court rejected the argument of some countries, including India, that the climate treaties constituted a self-contained regime and that the principles and rules of general international law and environmental law were inapplicable. The court identified obligations to mitigate climate change, including the duty of due diligence, the duty to prevent significant harm to the climate system, and the duty to cooperate in protecting the climate, stemming from various environmental treaties, the Law of the Sea Convention, and uncodified customary international law. The court also noted the adverse effects of climate change on various human rights, particularly the rights of especially vulnerable peoples, which must be taken into account by countries when taking climate action. In practice, this means that withdrawal from climate treaties, as the United States has done, does not exempt a country from its climate-related obligations. It also means that, in working toward a green transition, countries must ensure that human rights are not violated and that a just transition is achieved. The court dismissed the argument that countries cannot be held individually responsible for violating these obligations, because proving causation and attribution is difficult. It pointed out that it is scientifically possible to determine each state's total contribution to global emissions, considering both historical and current emissions. This is leverage for the Global South It is noteworthy that the small island-states, which face an existential threat due to climate change, were the ones that pushed the UN General Assembly to request this advisory opinion. This is a significant legal victory for them and will strengthen their efforts to hold major emitters accountable and push for more ambitious action. This decision is likely to bolster the ongoing strategic litigation concerning climate change in various countries, where the climate actions taken by the countries have been challenged as insufficient and violative of human rights, including the Ridhima Pandey case pending before the Indian Supreme Court. Countries in the Global South, such as India, can leverage this decision to collectively pressure developed nations to better fulfil their commitments to climate finance and technology transfer, while resisting policies that disproportionately impact developing countries. Prabhash Ranjan is Professor and Vice Dean (Research), Jindal Global Law School. Rahul Mohanty is Assistant Professor, Jindal Global Law School


Indian Express
3 days ago
- Indian Express
Mains answer practice — GS 2: Questions on ICJ's ruling on the Kyoto Protocol and State Reorganisation Commission (Week 114)
UPSC Essentials brings to you its initiative for the practice of Mains answer writing. It covers essential topics of static and dynamic parts of the UPSC Civil Services syllabus covered under various GS papers. This answer-writing practice is designed to help you as a value addition to your UPSC CSE Mains. Attempt today's answer writing on questions related to topics of GS-2 to check your progress. 🚨 Click Here to read the UPSC Essentials magazine for July 2025. Share your views and suggestions in the comment box or at How did the State Reorganisation Commission (SRC) balance linguistic, administrative, economic, and security considerations in India's 1956 reorganisation? 'The ICJ's advisory opinion has revived the legal relevance of the Kyoto Protocol in international climate law.' Discuss the findings of the ICJ regarding the Kyoto Protocol's status post‑Paris Agreement and the implications for state obligations under international law. Introduction — The introduction of the answer is essential and should be restricted to 3-5 lines. Remember, a one-liner is not a standard introduction. — It may consist of basic information by giving some definitions from the trusted source and authentic facts. Body — It is the central part of the answer and one should understand the demand of the question to provide rich content. — The answer must be preferably written as a mix of points and short paragraphs rather than using long paragraphs or just points. — Using facts from authentic government sources makes your answer more comprehensive. Analysis is important based on the demand of the question, but do not over analyse. — Underlining keywords gives you an edge over other candidates and enhances presentation of the answer. — Using flowcharts/tree-diagram in the answers saves much time and boosts your score. However, it should be used logically and only where it is required. Way forward/ conclusion — The ending of the answer should be on a positive note and it should have a forward-looking approach. However, if you feel that an important problem must be highlighted, you may add it in your conclusion. Try not to repeat any point from body or introduction. — You may use the findings of reports or surveys conducted at national and international levels, quotes etc. in your answers. Self Evaluation — It is the most important part of our Mains answer writing practice. UPSC Essentials will provide some guiding points or ideas as a thought process that will help you to evaluate your answers. QUESTION 1: How did the State Reorganisation Commission (SRC) balance linguistic, administrative, economic, and security considerations in India's 1956 reorganisation? Note: This is not a model answer. It only provides you with thought process which you may incorporate into the answers. Introduction: — The British had administered India with two systems running in parallel — a system of direct control in its provinces, and a system of indirect control across 565 princely states. — The JVP committee set up in 1949, comprising Prime Minister Jawaharlal Nehru, head of the States Ministry Sardar Vallabhbhai Patel and Congress president Pattabhi Sittaramaya, cautioned against the 'disintegrative effects of reorganisation'. Body: You may incorporate some of the following points in your answer: — The creation of Andhra opened a floodgate of demands for linguistic statehood. Less than three months after the state officially came into being, the Centre set up the States Reorganisation Commission (SRC) under Justice Fazl Ali. — Justice Ali submitted a 267-page report on September 30, 1955. Based on the SRC's recommendations, the political map of India was redrawn to comprise 14 states and six Union Territories (UTs). — In its December 1953 resolution on the SRC in Parliament, the Centre had made clear that language would not be the only criterion for the reorganisation of states. — Language and culture are significant because they reflect a common way of life in that location. However, when considering a state reorganisation, other essential aspects must also be considered. The first and most important consideration is to preserve and strengthen India's unity and security. Financial, economic, and administrative factors are practically equally significant, not just for each state but for the entire country. Conclusion: — 'It is neither possible nor desirable to reorganise States on the basis of the single test of either language or culture, but that a balanced approach to the whole problem is necessary in the interests of our national unity,' the SRC report stated. (Source: What R N Ravi's criticism of linguistic states misses) Points to Ponder Read more about State Reorganisation Commission Read about other commission formed with reference to the State reorganisation Related Previous Year Questions How have the recommendations of the 14th Finance Commission of India enabled the States to improve their fiscal position? (2021) 'The states in India seem reluctant to empower urban local bodies both functionally as well as financially.'' Comment. (2024) QUESTION 2: 'The ICJ's advisory opinion has revived the legal relevance of the Kyoto Protocol in international climate law.' Discuss the findings of the ICJ regarding the Kyoto Protocol's status post‑Paris Agreement and the implications for state obligations under international law. Note: This is not a model answer. It only provides you with thought process which you may incorporate into the answers. Introduction: — The Kyoto Protocol, which was finalised in 1997 and came into effect in 2005, was the first legal instrument under the UN Framework Convention on Climate Change (UNFCCC). The agreement sought to operationalise the provisions of the UNFCCC through specific climate actions from countries. It assigned specific targets to rich and developed countries to reduce their emissions in particular time frames, called commitment periods. — In a major decision, the International Court of Justice (ICJ) clarified the 1997 Kyoto Protocol's status and legitimacy. According to the International Court of Justice, the Kyoto Protocol is not only still in existence, but it is also legally relevant, and governments are still required to comply with its requirements. Body: You may incorporate some of the following points in your answer: — The ICJ opinion is the first authoritative statement on the legal standing of the Kyoto Protocol since the Paris Agreement. — So far, the prevailing perception has been that the 2015 Paris Agreement replaced and superseded the Kyoto Protocol. In other words, the Kyoto Protocol ceased to exist, or at least became non-operational or dead, when the Paris Agreement went into effect in 2016, or at the latest when the Kyoto Protocol's second commitment period expired in 2020. However, the Kyoto Protocol was never cancelled or annulled through any mechanism. The International Court of Justice has recently confirmed that it is still in effect and has the standing of international law. — The Kyoto Protocol's first commitment period ran from 2008 to 2012, and the second from 2012 to 2020. Developed countries, a group of about 40 mentioned by name in Annex-I of the UNFCCC, had to reduce their GHG emissions by assigned amounts during these periods from baseline values in 1990. These countries also had to provide finance and technology to developing countries to help them tackle climate change, in accordance with the provisions of the UNFCCC. — The United States did not ratify the Kyoto Protocol. As a result, the world's largest emitter, both in current terms at that time and historically, did not have any obligation to reduce its emissions. Several other countries, such as Canada and Japan, either walked out of the Kyoto Protocol at a later stage, or refused to accept binding targets for the second commitment period. — Developed countries contended that climate goals could not be met unless major emitters, such as China, contributed to the effort. China, designated as a developing country under the UNFCCC, surpassed the United States as the world's greatest GHG emitter by the mid-2000s. However, it had no duty to limit its emissions. — The Paris Agreement did not replace or abolish the Kyoto Protocol. However, the Kyoto Protocol's third commitment term beyond 2020 has never been defined. Conclusion: What does the ICJ ruling mean for the Kyoto Protocol? — The ICJ has ruled that the Kyoto Protocol remains in force, and countries party to it still have to fulfil their legal obligations under its provisions. — The Court considers that the lack of agreement on a further commitment period under the Kyoto Protocol after the adoption of the Paris Agreement does not mean that the Kyoto Protocol has been terminated. The Kyoto Protocol, therefore, remains part of the applicable law. — The international court also declared that failing to comply with the Kyoto Protocol's stipulations would be an internationally unlawful act. — The ICJ ruling came after it was asked by the UN General Assembly to give its advisory opinion on the obligations of countries to protect the climate system, and the legal consequences of not fulfilling them. To give its ruling, the court examined the provisions of the three climate treaties — the 1994 UNFCCC, the Kyoto Protocol, and the Paris Agreement — and several other environment-related international laws that have a bearing on the climate system. (Source: What the ICJ ruling means for the Kyoto Protocol) Points to Ponder Read about Kyoto Protocol and Kigali Amendment Read about ICJ Related Previous Year Questions What are the key areas of reform if the WTO has to survive in the present context of 'Trade War', especially keeping in mind the interest of India? (2018) 'Sea is an important Component of the Cosmos' Discuss in the light of the above statement the role of the IMO (International Maritime Organisation) in protecting environment and enhancing maritime safety and security. (2023) UPSC Essentials: Mains answer practice — GS 3 (Week 114) UPSC Essentials: Mains answer practice — GS 3 (Week 113) UPSC Essentials: Mains answer practice — GS 2 (Week 112) UPSC Essentials: Mains answer practice — GS 2 (Week 113) UPSC Essentials: Mains answer practice — GS 1 (Week 112) UPSC Essentials: Mains answer practice — GS 1 (Week 113) Subscribe to our UPSC newsletter and stay updated with the news cues from the past week. Stay updated with the latest UPSC articles by joining our Telegram channel – IndianExpress UPSC Hub, and follow us on Instagram and X.