InternationalEnvironmentalLaw

AnIntroduction

 ImportanceofEnvironment
MotherNatureasaprovider,asustainerofall
Environmentaldegradation
The world has enough for everyone's need, but not
enough for everyone's greed Gandhiji
ProtectingtheEnvironment

 Commons TheConcept
HugoGrotius
GlobalCommons
Whatallcomesunderitsambit?
Howdoweprotectit?

 TheriseofanInternationalEnvironmentalLaw
ApartoftheInternationalLawthatgovernsnations
Derived from principles formulated during various conferences, declarations,
international institutions, international dispute redressal mechanisms etc

Whyaseparatelaw?
Environmentprotectionbeyondborders
Riseofglobalizationleadingtoincreasedinteractionbetweennations

InternationalEnvironmentalLaw
Scopeandambit
Sources
LeagueofNations PCIJ(Establishedin1920)
UnitedNations ICJ(Establishedin1945)
Article 38 of the Statute of the International Court of Justice:
(a) International Conventions
(b) International Custom
(c) General Principles of law recognized by civilized nations; and
(d) judicial decisions and the teachings of the most highly qualified publicists of
the various nations

SOFT LAW vs. HARD LAW

SoftLaw

HardLaw

Non Binding

Binding

UNGeneralAssemblyResolutionsand
Declarations

SecurityCouncilResolutions

Statements,principles,objectives,

Customaryinternationalrules

Codes,Guidelines, Actionplans
Thoughnotbindingtheyare entered
intoingoodfaithandexpectedtobe
followed

Aretobefollowedandif notwouldgive
risetolegalconsequences

Declaration of the United Nations Conference on the

Human Environment Stockholm Conference, 1972
Enacted considering the need for a common outlook and
for common principles
to inspire and guide the people of the world
in the preservation and enhancement of the human
environment

DiscussionsforsuchaninitiativebeganatthebehestoftheUNGA
ChairedbyMauriceStrong,attendedby114states
Stressesonmanspartinprotectingtheenvironment
Environmentprotectionaffectsthewellbeingofpeopleand
economicdevelopment,worldwide
Populationexpansioncreatesmorestressontheenvironment
andshouldbetackled

 26 principles have been laid out

Fundamental right to freedom, equality and adequate conditions of life, in an
environment of a quality that permits a life of dignity and wellbeing. (Principle 1)
Intergenerational equity, maintenance, restoration and improvement of the essential
renewable resources. (Principles 2,3 and 5)
Call for the people to manage the environment so as to avoid serious/irreversible damage
to the ecosystem. (Principles 4,6 and 7)
Recognition of the relationship between economic, social and environmental
development besides encouragement of the development through transfer of technology
and financial aid and assistance. (Principles 8 15)
States should cooperate in developing international environmental law. (Principle 22)
States should adopt and implement suitable environmental standards.(Principle 23)
International Organizations should coordinate in such activities that facilitate better
environmental management ( Principle 24)

 The Development vs. Environment Protection Debate

Right to development has been recognised by the United
Nations General Assembly on 04/12/1986 in the Declaration on the
Right to Development
The Concept of Sustainable Development
The report of The World Commission on Environment and
Development, a UNsponsored body proposed a global agenda for
change and specified how sustainable development can be
achieved

Titled Our Common Future, it was published in 1987, and is named after the then
Chairperson of the Commission, Dr. Gro Harlem Brundtland.

The Report was also called the Brundtland Report.

Sustainable development is development that meets the needs of the present

without compromising the ability of future generations to meet their own needs.
the concept of needs, in particular the essential needs of the world's poor, to
which overriding priority should be given; and
the idea of limitations imposed by the state of technology and social
organization on the environment's ability to meet present and future needs

United Nations Conference on Environment and Development

(UNCED)
Also called the Rio Summit or the Earth Summit
Held at Rio de Janerio, Brazil between 3-14 June, 1992
The main objective:
elaborate strategies and measures
to halt and reverse the effects of environmental degradation
in the context of strengthened national and international efforts to
promote sustainable development and environmentally sound
development in all the countries.

Development was aimed to be reached at

By supporting a socioeconomic development method
By preventing the deterioration of the environment
By bringing about global partnership to tackle the problem

Imbibed within it the principles of

Sustainable Development
Inter generational equity

Section I of the UN Conference on Environment and Development held at Rio de Janeiro was
called as Agenda 21
It dealt specifically with the social and economic dimensions of environmental problems.
It is a comprehensive action plan to develop global partnership for Sustainable
Development.
Comprises of 40 chapters
Lays down the ways and means in the reduction of wasteful and inefficient consumption
patterns.
Recognizes the role that industrialized countries need to play in

greening the environment

extending financial aid to the developing countries to achieve sustainable

development

transfer technology and transfer of information and skills

TheCommissiononSustainableDevelopment(CSD) wascreatedinDecember1992

ItwasagreedthatafiveyearreviewofEarthSummitprogresswouldbemadein1997by
theUnitedNationsGeneralAssemblymeetinginspecialsession

TheWorldSummitonSustainableDevelopment(WSSD)

HeldinJohannesburg,SouthAfricafrom26Augustto4September2002.

Aimed to hold a 10 year review of the Rio Conference to reinvigorate global commitment to
sustainable development.

Widely attended over 180 nations

 Full implementation of Agenda 21,

the Programme for Further Implementation of Agenda 21 and
the Commitments to the Rio principles,
were strongly reaffirmed and steps were initiated to make sure that the goals
were achieved.

Two main outcomes

A WSSD Plan of Implementation
The Johannesburg Declaration on Sustainable Development.

WSSDPlanofImplementation
Frameworktoimplementthesustainabledevelopmentobjectiveslaiddown
in1992
Chapterson
(i)povertyeradication
(ii)consumptionandproduction
(iii)thenaturalresourcebase
(iv)health
(v)smallislanddevelopingstates
(vi)Africa
(vii)otherregionalinitiatives
(viii)meansofimplementation,and
(ix)institutionalframework

As far as regional initiatives are concerned, it aims at

capacity building for sustainable development
poverty reduction
cleaner production and sustainable energy
land management and biodiversity conservation
protection and management of and access to freshwater
resources; oceans, coastal and marine resources
sustainable development of small island developing states and
atmosphere and climate change.

JohannesburgDeclarationonSustainableDevelopment
Itisabriefpoliticalstatement
Didnotsetoutanyprinciples
It brought about a general philosophical contextualization of what was laid in the plan
of implementation
Emphasizes political commitment

to sustainable development

building a humane, equitable and caring global society

Threepillarsofsustainabledevelopment
economicdevelopment
socialdevelopment
environmentalprotection

The Declaration states that these must be further integrated as interdependent and
mutually reinforcing

It emphasizes the need to

eradicate poverty
change consumption and production pattern
protect and manage the natural resource base

Bringforththeneedforaccessbydevelopingcountriestofinancialresources
Foropeningofmarkets
Transferoftechnology
Theprivatesectorstoenforcecorporateaccountability
It pledges to address threats posed by foreign occupation and armed conflict,
corruption, terrorism and intolerance in all forms, and to combat
communicable and chronic diseases