By Mayank Sharma
International environmental law can be defined as a body of rules that deals with the relations of nations in pursuit of environmental conservation. Over the years, this sector of law has grown to address more contemporary challenges as sustainable development, climate change, and human rights. In the past, the main focus of international law was about the states’ rights and responsibilities. At present, however, international organizations, non-governmental organizations and even individuals have also contributed to environmental governance.
During the mid-20th century, the foundations of international environment law begins to develop. In 1972, the United Nations Conference on the Human Environment in Stockholm became the major event during this time as it was the first major meeting focusing on these global issues. The Stockholm Declaration was passed at the Conference that established 26 principles to navigate global action towards environmental protection. Although not legally binding, this Declaration peaceful was able to provoke the subsequent realization of environmental agreements and treaties.
After Stockholm, however, the emphasis was on the practical steps which lead to the conclusion of several treaties conventions and protocols geared towards the protection of the environment, which also leads to the establishment of the United Nations Environment Programme (UNEP) and other international organizations.
There are certain principles of international environmental law, laid down through agreements, declarations and customary state practices. Some of the most important principles include:
Sovereignty and Responsibility: Every state has a right to use their natural resources in a manner that it does not exploit the resources too much and damage the environment as state have the the responsibility not to cause any harm to environment of other states. It is also expressed in the Stockholm Declaration: Principle 21 and the Rio Declaration on Environment and Development (1992): Principle 2. These principles state that nobody should misutilise the resources in a way that it harms the environment or other states environment.
Precautionary Principle: This principle suggests that where there is evidence that serious or irreversible adverse environmental effects may occur, lack of scientific uncertainty cannot be used as a reason not to act. By doing this, it aims at exercising a preventive measure towards environmentally adverse effects irrespective of having persuasive evidence that a certain product or undertaking is detrimental to the environment.
Polluter Pays Principle: As per this principle it should be held that the polluter has the cost responsibility of managing and mitigating the effects of pollution. It is a well- established principle in international environmental law that economic development may not be used as an excuse for environmental depletion.
Sustainable Development: Sustainable development means development that meets future and current need and does harm to future generations’ needs. This principle has received much attention in the global community, especially through the 1992 Rio declaration urging sustainability of the environment and man’s economic development.
Common but Differentiated Responsibilities (CBDR): This principle recognizes that even though all states are obliged to sustainably manage the environment, but they differ in their abilities as well as in their historical emissions records. Hence, the industrialized & developed nations that have over the years generated the top environmental impact footprints should take a greater share of burden infighting off global environmental issues.
International environmental law is derived from a variety of sources, which include:
Treaties: International treaties with a set of particular legally enforceable agreements which are established between two or more states, like United Nations Framework Convention on Climate Change (UNFCCC ) or Convention on Biological Diversity (CBD).
International Customary Law: Policies and conducts or behaviors recognized as mandatory and binding, even though without any conventional agreements, for example, the erga omnes principle, governing the international legal responsibility of all states to protect the world’s environment from harm.
General Principles of Law: These are principles of international law accepted by all the civilized states, for example, the right to a healthy environment or the duty not to deteriorate diversity.
Decisions of International Courts: International and regional courts make the law through their role of a lower court where they interpret and apply the law, as the ICJ does in the case of international environmental law.
India is very involved with the development of international environmental law, especially due to its growing population, and the complex environmental problems that it faces as a developing country. India’s response to international environmental law has equally grown in sync with Global environmental movements adapted to the country’s developmental objectives and environment.
In the following articles, the constitutional framework and international obligations in the fight against environmental harm, such as:
Article 48-A of the Constitution of India directs the state to protect and improve environment and
Article 51-A (g) makes it a fundamental duty of the citizen to protect the environment.
These constitutional provisions, together with numerous other enactments of the Parliament of India, ensure India’s conformity with the international agreements that were passed to protect the environment.
India’s Constitution states the need of upholding the international law including the cultivation of the environment treaties. Constitutional mandate to follow international environmental law, the article 51 of the Indian constitution specially directs that the state to promote international peace and security.
India has implemented various important legislations and policies so as to ensure that it complies with the international environmental standards. The main legislation among other environment laws is the Environment Protection Act of 1986, which lays down legal prerequisites for environmental protection and measures for improving the environment. Other laws relating to environment are the Forest (Conservation) Act, 1980, the Wildlife Protection Act, 1972 and the Water (Prevention and Control of Pollution) Act, 1974 so as to fulfills India’s obligations set out in international environmental treaty agreements.
India has also ratified several other environmental treaties and agreements such as the Paris Agreement on Climate Change, the Ramsar Convention on Wetlands of International Importance especially as waterfowl habitat, and the Convention on Biological Diversity. These agreements frame India’s environmental policies and practices and India has played an active part in the global implementation of environmental law.
In implementing international environmental law the Indian judiciary has long been instrumental within the domestic legal system. Indian courts have relied on several international environment principles to develop and establish the necessary and sufficient environmental judicial precedents. The Indian Supreme Court above all has played a significant role to embrace the global international environmental law in Indian legislation, more specifically through interpretation of the meanings of basic fundamental rights conferred under the Indian Constitution.
In the landmark Vellore Citizens’ Welfare Forum v. Union of India case (1996), the Supreme Court held that the precautionary principle and the polluter pays principle were part of India’s environmental law framework. This decision marked a significant step in recognizing international environmental principles as binding on domestic courts.
The courts have also endeavored to see that India meets its international Treaties obligations. For instance, in M.C. Mehta v. In Union of India case, the Supreme court has directed the government to take measures to reduce air pollution as cited by India commitments under international agreements of environmental laws. Likewise, in Ramsar Convention case the Court endorsed the sovereign responsibility of India to conserve the wetlands as prescribed under Ramsar Convention.
Despite these developments India continues to face certain hurdles in implementing international environmental obligations into mechanisms. It was noted that the poverty and high industrialization rate, as well as growing population, created a significant pressure on the natural resources of the country. Therefore, the imperatives of development in India is frequently in conflict with those of environmental conservation, which leads the country to make decisions that bring about tensions between development and sustainability.
However, the participation of India in the international treaties on environment, gives a prospect for the country to spearhead initiatives for sustainable development. This concept which refers to the idea that all countries should be held accountable for protection of environment but developed countries’ standard is higher than the developing ones is more importantly applicable to the Indian case due to its new-age economic development requirement met through environmental regulation. It signifies commitment of India’s role in international environmental forums for example by participating in the UNFCCC negotiations, as one of the largest and fastest developing economies of the world.
International environmental law has developed rapidly after the Stockholm Conference in 1972, and significant principles including sovereignty, sustainable development and precaution principles regulate International environmental law. Consequently, unlike these principles merely being theoretical frameworks in other countries; for India, they exist at the centre of policy-making, legislation, and administration. The Indian legal system has asserted to use and build a strong environmental domestic framework from international environmental law. But the task is not over, and India must continue to face complex tasks of further development, while having to preserve the environment. This way, using international law, India will be able to contribute to the developments of international environmental policies as well as solve its problems.
—Mayank Sharma is a 4th year BA LLB student of Subodh Law College, Jaipur
The post appeared first on .
International environmental law can be defined as a body of rules that deals with the relations of nations in pursuit of environmental conservation. Over the years, this sector of law has grown to address more contemporary challenges as sustainable development, climate change, and human rights. In the past, the main focus of international law was about the states’ rights and responsibilities. At present, however, international organizations, non-governmental organizations and even individuals have also contributed to environmental governance.
Development of International Environmental Law
During the mid-20th century, the foundations of international environment law begins to develop. In 1972, the United Nations Conference on the Human Environment in Stockholm became the major event during this time as it was the first major meeting focusing on these global issues. The Stockholm Declaration was passed at the Conference that established 26 principles to navigate global action towards environmental protection. Although not legally binding, this Declaration peaceful was able to provoke the subsequent realization of environmental agreements and treaties.
After Stockholm, however, the emphasis was on the practical steps which lead to the conclusion of several treaties conventions and protocols geared towards the protection of the environment, which also leads to the establishment of the United Nations Environment Programme (UNEP) and other international organizations.
Key Principles of International Environmental Law
There are certain principles of international environmental law, laid down through agreements, declarations and customary state practices. Some of the most important principles include:
Sovereignty and Responsibility: Every state has a right to use their natural resources in a manner that it does not exploit the resources too much and damage the environment as state have the the responsibility not to cause any harm to environment of other states. It is also expressed in the Stockholm Declaration: Principle 21 and the Rio Declaration on Environment and Development (1992): Principle 2. These principles state that nobody should misutilise the resources in a way that it harms the environment or other states environment.
Precautionary Principle: This principle suggests that where there is evidence that serious or irreversible adverse environmental effects may occur, lack of scientific uncertainty cannot be used as a reason not to act. By doing this, it aims at exercising a preventive measure towards environmentally adverse effects irrespective of having persuasive evidence that a certain product or undertaking is detrimental to the environment.
Polluter Pays Principle: As per this principle it should be held that the polluter has the cost responsibility of managing and mitigating the effects of pollution. It is a well- established principle in international environmental law that economic development may not be used as an excuse for environmental depletion.
Sustainable Development: Sustainable development means development that meets future and current need and does harm to future generations’ needs. This principle has received much attention in the global community, especially through the 1992 Rio declaration urging sustainability of the environment and man’s economic development.
Common but Differentiated Responsibilities (CBDR): This principle recognizes that even though all states are obliged to sustainably manage the environment, but they differ in their abilities as well as in their historical emissions records. Hence, the industrialized & developed nations that have over the years generated the top environmental impact footprints should take a greater share of burden infighting off global environmental issues.
Sources of International Environmental Law
International environmental law is derived from a variety of sources, which include:
Treaties: International treaties with a set of particular legally enforceable agreements which are established between two or more states, like United Nations Framework Convention on Climate Change (UNFCCC ) or Convention on Biological Diversity (CBD).
International Customary Law: Policies and conducts or behaviors recognized as mandatory and binding, even though without any conventional agreements, for example, the erga omnes principle, governing the international legal responsibility of all states to protect the world’s environment from harm.
General Principles of Law: These are principles of international law accepted by all the civilized states, for example, the right to a healthy environment or the duty not to deteriorate diversity.
Decisions of International Courts: International and regional courts make the law through their role of a lower court where they interpret and apply the law, as the ICJ does in the case of international environmental law.
The study of International Environmental Law in India
India is very involved with the development of international environmental law, especially due to its growing population, and the complex environmental problems that it faces as a developing country. India’s response to international environmental law has equally grown in sync with Global environmental movements adapted to the country’s developmental objectives and environment.
Constitutional Framework and International Obligations
In the following articles, the constitutional framework and international obligations in the fight against environmental harm, such as:
Article 48-A of the Constitution of India directs the state to protect and improve environment and
Article 51-A (g) makes it a fundamental duty of the citizen to protect the environment.
These constitutional provisions, together with numerous other enactments of the Parliament of India, ensure India’s conformity with the international agreements that were passed to protect the environment.
India’s Constitution states the need of upholding the international law including the cultivation of the environment treaties. Constitutional mandate to follow international environmental law, the article 51 of the Indian constitution specially directs that the state to promote international peace and security.
India’s Legal and Policy Response
India has implemented various important legislations and policies so as to ensure that it complies with the international environmental standards. The main legislation among other environment laws is the Environment Protection Act of 1986, which lays down legal prerequisites for environmental protection and measures for improving the environment. Other laws relating to environment are the Forest (Conservation) Act, 1980, the Wildlife Protection Act, 1972 and the Water (Prevention and Control of Pollution) Act, 1974 so as to fulfills India’s obligations set out in international environmental treaty agreements.
India has also ratified several other environmental treaties and agreements such as the Paris Agreement on Climate Change, the Ramsar Convention on Wetlands of International Importance especially as waterfowl habitat, and the Convention on Biological Diversity. These agreements frame India’s environmental policies and practices and India has played an active part in the global implementation of environmental law.
Role of Indian Courts
In implementing international environmental law the Indian judiciary has long been instrumental within the domestic legal system. Indian courts have relied on several international environment principles to develop and establish the necessary and sufficient environmental judicial precedents. The Indian Supreme Court above all has played a significant role to embrace the global international environmental law in Indian legislation, more specifically through interpretation of the meanings of basic fundamental rights conferred under the Indian Constitution.
In the landmark Vellore Citizens’ Welfare Forum v. Union of India case (1996), the Supreme Court held that the precautionary principle and the polluter pays principle were part of India’s environmental law framework. This decision marked a significant step in recognizing international environmental principles as binding on domestic courts.
The courts have also endeavored to see that India meets its international Treaties obligations. For instance, in M.C. Mehta v. In Union of India case, the Supreme court has directed the government to take measures to reduce air pollution as cited by India commitments under international agreements of environmental laws. Likewise, in Ramsar Convention case the Court endorsed the sovereign responsibility of India to conserve the wetlands as prescribed under Ramsar Convention.
Challenges and Opportunities
Despite these developments India continues to face certain hurdles in implementing international environmental obligations into mechanisms. It was noted that the poverty and high industrialization rate, as well as growing population, created a significant pressure on the natural resources of the country. Therefore, the imperatives of development in India is frequently in conflict with those of environmental conservation, which leads the country to make decisions that bring about tensions between development and sustainability.
However, the participation of India in the international treaties on environment, gives a prospect for the country to spearhead initiatives for sustainable development. This concept which refers to the idea that all countries should be held accountable for protection of environment but developed countries’ standard is higher than the developing ones is more importantly applicable to the Indian case due to its new-age economic development requirement met through environmental regulation. It signifies commitment of India’s role in international environmental forums for example by participating in the UNFCCC negotiations, as one of the largest and fastest developing economies of the world.
International environmental law has developed rapidly after the Stockholm Conference in 1972, and significant principles including sovereignty, sustainable development and precaution principles regulate International environmental law. Consequently, unlike these principles merely being theoretical frameworks in other countries; for India, they exist at the centre of policy-making, legislation, and administration. The Indian legal system has asserted to use and build a strong environmental domestic framework from international environmental law. But the task is not over, and India must continue to face complex tasks of further development, while having to preserve the environment. This way, using international law, India will be able to contribute to the developments of international environmental policies as well as solve its problems.
—Mayank Sharma is a 4th year BA LLB student of Subodh Law College, Jaipur
The post appeared first on .