Environment has become a fundamental agenda of international relations for the 21st century.

The push to regard natural resources in a ‘global’ context stems from the interdependence of
the countries on the finite resources and thus, the concerns of environmental protection are no
longer concerns of a single country alone.

The dominant notion of development propagated by the capitalist West focuses on growth,
productivity, and economic development and considers environmental concerns to be
irrelevant. For developing countries, the pursuit of development will continue to remain at the
forefront of their national aspirations. Insistence by the developing countries on the right to
exploit their resources emerges out of a long period of colonialism and economic
backwardness.1 The balancing act between development and environment protection for the
developing countries is an extension of earlier agendas of colonisation, imperialism,
decolonisation and the north-south gap. Most of the third world nations believe that keeping
uniform environmental obligations across the world would severely slow down the
development process. G-77, a coalition of developing countries lobbied for distinct climate
change obligations and urged for transfer of finances and technology from the developing
world.2 The efforts of the developing world led to recognition of the principle of Common
but Differentiated Responsibility (CBDR) and distinct capabilities in Principle 3 of
UNFCCC.3 1977 Kyoto Protocol required a set of developed nations mentioned in Annex I of
UNFCCC to agree to qualified carbon emissions and completely exempted carbon emissions
of other nations. These negotiations further established the principle of CBDR and generated
huge support from the developing countries.4

‘Deep’ ecologists have strongly criticized the one-dimensional model of development, which
is increasingly being adopted my numerous developing countries in a bid to pull their
populations from abject poverty.5 The complexity is further aggravated when marginalised

1
Agarwal, A. & Narain, S., 1991. Global Warming in an Unequal World: A Case of Environmental
Colonialism, New Delhi.

2
Dasgupta, C., 2012. Present at the creation: the making of the UN Framework Convention on Climate Change.
In N. Dubash, ed. Handbook of climate change and India: development, politics and governance. New Delhi:
Routledge.

3
Principle 3, United Nations Framework Convention on Climate Change, May 9, 1992, 1771 U.N.T.S. 107.
(hereinafter, UNFCCC).
4
Intergovernmental Panel on Climate Change [IPCC],Special Report on the Regional Impacts of Climate
Change: An Assessment of Vulnerability (Nov. 1997)

5
Uday Desai, Environment, Economic Growth and Government In Developing Countries 2,
players heavily impacted by environmental and development policies like tribals, poorest of
the poor, indigenous communities etc also participate in the international relations. State
actors even in a developing country are composed of powerful and upper-middle class
members who perceive subsistence and environmental friendly practices of powerless and
exploited poor as an antithesis of growth and consumerism. The treatment of projects like
Sardar Sarovar Dam, 6 bauxite mining in Niyamgiri hills7 etc contextualises the increasing
role of non-governmental organisations and the civil society in international relations.

International Environmental Law

International Environment Law (IEL) is a body of Public International law that aims to
regulate human behavior towards the environment. 8 This body of law strives to bring all
nations together for the common purpose of protecting the environment, the biodiversity and
the future of humanity. It covers all major environment law issues like pollution, climate
change, conservation of biodiversity, ozone depletion, water, air and land pollution among
others. 9 Despite the growth of a specialized branch in the international law to tackle
environmental problems, conflicts between the developed and developing countries have
diminished the effectiveness of international law. Developing countries are both the
storehouse of natural resources and the primary victim of environmental degradation, having
a major stake in the future of environment law. Thus, any legislation or implementation of
international environmental law by these countries will have a far reaching impact.

The Stockholm Declaration, which was adopted United Nations Conference on the Human
Environment in 1972,10 is considered to be the first declaration on International Environment
Law. It was the first attempt on the part of the International community to come together as a
concerned global community for the purpose of environment protection. However, the
conference faced opposition from developing countries like India, Brazil, Malaysia etc.
Popularly known as the Earth Summit, Rio conference set a serious goal for the future of the

6
Shiv Visvanathan, Supreme Court Constructs a Dam, ECONOMIC AND POLITICAL WEEKLY VOL. 35, ISSUE NO.
48, 25 NOV, 2000.
7
https://www.survivalinternational.org/about/niyamgiri
8
PHILIPPE SANDS, PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW (Cambridge, 2003)
9
Id.

10
U.N. Conference on the Human Environment, Stockholm Declaration, U.N. Doc. A/Conf.48/14/Rev.1 (Dec.
15, 1973)
environment.11 At the conference, the world community decided to regularize the use and
production of radioactive chemical, focus on researching on alternative energy sources and
conserve water for the future generation. It resulted in three documents: (a) The Rio
Declaration, (b) the Agenda 21 and (c) Forest Principles that expounded upon principles of
Precautionary Principle, Polluters pay Principle, Environment Impact Principle etc. 12 As per
the precautionary principle, any activity that may result in serious and irreversible damage
due to lack of scientific certainty should not carried out in order to protect the environment.
This principle requires policy makers to consider harmful effects before authorising any
geoengineering activity. It has been incorporated in several regional and international
treaties, 13 including Principle 15 Rio Declaration and the United Nations Convention on
Biological Diversity. Principle 16 of the Rio Declaration states that the polluters ought to
bear the cost of environmental pollution caused by them. The objective of this principle is to
ensure that large scale industries that cause environmental damage by leaving pollutants in
the air must be held responsible for the same.14 The aim of taking the compensation is to
ensure that the state of the environment can be restored to what it was before pollution was
caused. The principle of Environment Impact Assessment states that an independent body of
experts is required to study and analyze the effects of proposed projects and programs on the
environment of the area. 15 This activity is necessary to ensure that the impact of
environmental damage is assessed prior to the initiation of a project.

11
U.N. Conference on Environment and Development, Rio Declaration on Environment and Development, U.N.
Doc.A/CONF. 151/26/Rev.1, Vol. I (Aug 12, 1992) (Herein after, Rio Declaration).

12
Id.

13
Montreal Protocol on Substances that Deplete the Ozone Layer, Aug. 26, 1987, 1522 U.N.T.S. 3; Cartagena
Protocol on Biosafety to the Convention on Biological Diversity, Jan. 29, 2000, 2226 U.N.T.S. 208; 1996
Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter,
1972, Nov. 7, 1996, 36 I.L.M. 1; 1995 Agreement for the Implementation of the Provisions of the United
Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management
of Straddling Fish Stocks and Highly Migratory Fish Stocks, Dec. 4, 1995, 2167 U.N.T.S. 3.
14
Principle 16, Rio Declaration.

15
Intergovernmental Panel on Climate Change [IPCC], Special Report on the Regional Impacts of Climate
Change: An Assessment of Vulnerability (November 1997)