Post 2020 arrangements must, inter alia, address the issues of equity, unilateral trade and technology related IPRs sufficiently and adequately.
India would like the post 2020 arrangements to resemble Kyoto type arrangements. Under the Kyoto Protocol, developed countries have binding emission cuts in absolute terms which have to be fulfilled at economy wide level and there is a compliance regime for verifying and enforcing the achievement of targets. These are matters which will be negotiated multilaterally and a suitable system will need to be agreed.
However, for developing countries, the responsibilities/obligations in a post 2020 arrangement will clearly need to be built on the principle of equity and CBDR. Irrespective of the legal form of the final arrangements, the developing country targets under such arrangements cannot be binding until the principle of differentiation based on equity is defined and the conditions implicit in such definition of equity are met. The principle of equity will need to be elaborated through negotiations.
Till 2020 and beyond, the developing country targets under these arrangements will be determined on the basis of voluntary choice and with a guarantee that there will be no punitive consequences of shortfall in these domestic targets even if they are inscribed in an international document. There will be mutually agreed arrangements for verification (international consultation and analysis) of the domestic goals but the objective of such arrangements will be only to increase transparency and build confidence in mutuall actions.
It is for this reason that the post 2020 arrangements must include not only binding emission reduction commitments for developed countries but also assurance that there will be no unilateral measures taken by any country in the name of climate change. Besides, the post 2020 arrangements must include commitments of developed countries in quantified and specific terms to provide financing and technology support to developing countries. Further, the arrangements should provide for a facilitative regime that ensures access to IPRs and transfer of climate friendly technologies. The arrangements may take the shape of a protocol or legal instrument, provided above conditions are met.