India expects a legally binding agreement to deliver on all four aspects of the Bali Action Plan in an equally binding manner – mitigation, adaptation, finance and technology. The agreement should ensure ambitious outcomes on all these issues and not only on mitigation.
Mitigation is, no doubt, a key concern because the obligation of both Kyoto and Non- Kyoto Parties has to be captured in the Agreement. But, a balanced outcome must be anchored in the principles of the Convention, particularly the principles of equity and CBDR, and should ensure that the developed country Parties provide finance and technology to enable ambitious mitigation and adaptation actions to be taken by developing countries.
A legally binding agreement can include a mix of CoP decisions as well as protocols. Some of the decisions could be aspirational, while some of them could be binding. There could be protocols or other implementing agreements that would facilitate creation of bodies and institutions that would be needed to implement the decisions with differing degrees of binding-ness.