In the absence of a consensus at the two week meet which concluded on December 19 in the Danish capital, world leaders will have to work to achieve a global legally binding climate change treaty at the next annual UN ministerial talks in Mexico in December 2010.
The Accord has not exempted the developed countries from legally binding emission cuts and even from historical responsibility. What Copenhagen has done is to endorse the view that the developed nations have a responsibility to engage in absolute emission reduction while the major developing countries have the responsibility of mitigating the rise in their emission
India Government's stand of agreeing to the provision of international consultation and analysis will in no way affect India's sovereignty. Indian will consult in terms of whatever India has put forward as information on its action (on climate change) and if there is some doubt on data then India will be ready to give them (to the developed world). What India not willing to accept was any kind of verification or review in the sense that somebody will come to it and say look they are going to scrutinise India's strategy for development or climate change action plan and tell India whether it is adequate or not.
Major achievement of the Copenhagen talks was that the parties had agreed that the negotiations would continue on the twin tracks of the Bali Action Plan and the Kyoto Protocol. The important achievement of developing countries is that they did not allow this saga to end (at Copenhagen). The Kyoto Protocol cannot be forgotten or buried "for the simple reason that it is a valid legal instrument of the 1997 pact that mandates the rich nations to take up legally binding emission cuts while exempting the developed nations from doing so. At the moment" all the nations have agreed that Kyoto Protocol must remain and they should continue the talks on that track". That opens a window and that possibility is there, of course. But that depends on how member countries negotiate forward.
Source: http://economictimes.indiatimes.com/news, 28th December, 2009.
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281