Should India drop its opposition to a legally binding treaty and push for a strong compliance procedure?

The appropriate nature of a binding agreement should be decided after the content of the arrangements are agreed. While there is no objection to a legally binding agreement that applies to Parties in accordance with the principles of the Convention, the matter need not be pre-judged. A prior decision on the legal form does not help because it cannot guarantee that major developed country parties will ratify the agreement just because it is legally binding and applies to all Parties. A compliance procedure is necessary for meeting the commitments by developed country Parties. Experience with the existing procedures under the KP is not quite encouraging. Article 18 of the KP providing for compliance has never been effectively put into practice. Post 2020 arrangements will need to be designed keeping this reality in view.