2. what is evironment and what includes environment
what is environment- environment is “surrounding”. Environment is polycentric and
multifaceted problem affecting human existance.The word "environment" is derived from the
ancient French word "environner," meaning to encircle. By broadly applying to surroundings,
environment can include the aggregate of natural, social, and cultural conditions that influence
the life of an individual or community. Thus, environmental problems can be deemed to include
such problems as traffic congestion, crime, and noise. Geographically, "environment" can refer to
a limited area or encompass the entire planet, including the atmosphere and stratosphere.
Section 2(a) of the Environment (Protection) Act, 1986, defines "environment," which means and
includes water, air, and land, and the inter-relationship which exists among and between water,
air, and land and human beings, other living creatures, plants, microorganisms, and property.
Section 2(c) of the Environment (Protection) Act, 1986, defines "environmental pollution," which
means the presence in the environment of any environmental pollutant.
3. what is pollution?
the addition of any substance (solid, liquid, or gas) or any form of energy (such as heat, sound,
or radioactivity) to the environment at a rate faster than it can be dispersed, diluted,
decomposed, recycled, or stored in some harmless form. The major kinds of pollution, usually
classified by environment, are air pollution, water pollution, and land pollution. Modern society
is also concerned about specific types of pollutants, such as noise pollution, light pollution, and
plastic pollution. Pollution of all kinds can have negative effects on the environment and wildlife
and often impacts human health and well-being.
4. genesis of the problem
• achievement of sustainable development
• poverty
• problems created by developed countries
• economic growth
• air pollution and other forms of pollutions
Indian scenario
• polluted rivers
• global warming
• ozone layer depletion
• deforestration
• economic loss due to polluted environment
• air pollution
• noise pollution
• population growth
5. Aims and Objectives of the Environment Protection Act
The chief aims and objectives of the Environment Protection Act, 1986 are
• Implementing the decisions made at the United Nations Conference on Human
Environment held in Stockholm.
• Creation of a government authority to regulate industry that can issue direct orders
including closure orders.
• Coordinating activities of different agencies that are operating under the existing laws.
• Enacting regular laws for the protection of the environment.
• Imposing punishments and penalties on those who endanger the environment, safety and
health. For each failure or contravention, the punishment includes a prison term of up to
five years or a fine of up to Rs. 1 lakh, or both. This can also be extended for up to seven
years in cases.
• Engaging in the sustainable development of the environment.
• Attaining protection of the right to life under Article 21 of the Constitution.
6. Main Provisions of Environment Protection Act
The EPA empowers the Centre to “take all such measures as it deems necessary” in the
domain of environmental protection.
• Under the law, it can coordinate and execute nationwide programmes and plans to
further environmental protection.
• It can mandate environmental quality standards, particularly those concerning the
emission or discharge of environmental pollutants.
• This law can impose restrictions on the location of industries.
• The law gives the government the power of entry for examination, testing of
equipment and other purposes and power to analyse the sample of air, water, soil or
any other substance from any place.
• The EPA explicitly bars the discharge of environmental pollutants in excess of
prescribed regulatory standards.
• There is also in place a specific provision for handling hazardous substances, which is
prohibited unless in compliance with regulatory requirements.
• The Act empowers any person, apart from authorised government officers, to file a
complaint in a court regarding any contravention of the provisions of the Act.
7. Importance of Environmental Law
The environment is essential for human existence. In order to protect the environment,
legislation must be in place. The rules governing environmental protection provide us with a
road map for doing so. Following are some reasons why environmental legislation is
important −
• The main purpose of environmental law is to safeguard both the environment and human
health. The environment law ensures that behaviors don't endanger the health of the
environment, people, or animals.
• Waste management must be done in a way that doesn't harm the environment or
people's health, and it must be disposed of in accordance with the rules and guidelines
that have been set in this regard.
• The creation of industries and manufacturing facilities requires environmental laws. The
environmental law will guarantee that industry complies with all legal requirements to
save and preserve our environment.
9. In order to tackle the climate crisis, it’s important to determine priorities. These are the
world’s most polluting industries ;
• Fossil fuels – It is no surprise that the fossil fuels sector is the most polluting in the world.
Despite this knowledge, emissions from fossil fuels keep increasing. After a brief decline
during the Covid 19 pandemic, they grew by 1% in 2022, reaching 40.5 gigatons of
CO2.Shifting our energy sources from coal, oil and gas to renewable power such as solar and
wind is necessary to stabilize our climate.
• Agriculture accounts for about 11% of greenhouse gas emissions. According to the Food and
Agriculture Organization (FAO), global emissions due to agriculture were 9.3 billion tons of
CO2 equivalent (CO2eq) in 2018, led by methane and nitrous oxide emissions from crop and
livestock activities.
• Fashion, the third most polluting industry and produces about 10% of our annual carbon
footprint – more than all international flights and maritime shipping combined! And GHG
emissions are not the only problem with the fashion sector: it also consumes enough water to
quench the thirst of five million people every year, and creates millions of tons of plastic and
other waste that pollute our air and oceans.
10. • Transport is responsible for about one-fifth of GHG emissions. About 40% of these come from the transportation of
merchandise, while the rest (60%) come from passenger travel, led by air travel. Electric vehicles, alternative fuels and
initiatives like the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) are helping to decarbonize
this sector.
• Food retail includes the activities from markets, supermarkets and restaurants selling food to consumers – and most of this
sector’s emissions come from food and plastic waste. It is estimated that food waste alone represents 8 to 10% of global
GHG emissions.
• Construction Taking into account the extraction and transportation of building materials, construction processes and
everyday operations buildings are estimated to emit about 40% of global emissions.
some of the major states of india those who are declared as the most polluted states as per central pollution board:
www.janjagran.com
Delhi
Faridabad
Begulsarai
Bahadurgarh
Bhiwandi
Bikaner
Noida
Dholpur
Hanumangarh
Greater Noida
11. The Ministry of Environment and Forests, Government of India have classified the following 17 category of
Industries as highly polluting industries which are to be closely monitored.
• sugar
• cement
• distillery
• petrochemical
• pulp and paper
• tannery
• fertilizer
• pesticides
• thermal power station
• caustic soda
• dye and dye stuff
• refinery
• copper smelter
• iron and steel
• zinc smelter
• aluminium
12.
13.
14.
15. Concept of Development
• Development is understood as a positive change or growth in economic circumstances and social situations.
• It is a term that has multiple meanings and conceptions.
• What might be development for some can be a regression for others. There are winners and losers in a
development project. For example, roads and bridges are often understood as the iconic symbol of development
in Indian society. But building a road requires land acquisition and sometimes destruction of trees and their
ecology. Some people might lose their homes. Thus when the larger population might benefit from the new road,
there are losers also.
• An indigenous community may conceive afforestation a development, but an urban dweller might only consider
building construction development. Thus each member of the society has their own conception of development.
• Although each individual aspires to raise their living standards, only the state can oversee and implement large
scale projects for the people’s welfare.
• Usually, economic growth is the primary focus of governments and individuals. It is believed that only when
people have economic prosperity, true social change will happen.
16. Concept of Environment
• Environment is defined as the sum total of non living and living beings which
interact in various ways.
• There are biotic elements like animals, birds, humans, plants etc and abiotic
elements like water, minerals, rocks etc.
• The environment provides all the natural resources for human activities
• The primary and manufacturing sectors of the economy depend entirely on the
environment for raw materials
• The environment provides both renewable and non-renewable resources.
17. • sweden is widely regarded as one of the most sustainable countries in the world. It has consistently ranked
among the top countries in the Environmental Performance Index (EPI), which measures a country’s
environmental performance based on indicators such as air quality, greenhouse gas emissions, and waste
management.
• Denmark is another European country that is committed to sustainability. The government has made
remarkable strides in reducing its carbon footprint and is a global leader in renewable energy. Denmark ranks
high in per capita renewable energy consumption, aiming to be completely independent of fossil fuels by 2050.
• finland is known for its pristine natural beauty and commitment to sustainability. The country has significantly
invested in renewable energy sources such as hydroelectric power and biomass. Finland is also known for its
sustainable agriculture practices, prioritizing environmental conservation and biodiversity.
• Switzerland is renowned for its commitment to environmental conservation and has consistently ranked
among the top countries in the Environmental Performance Index. Switzerland strongly emphasizes sustainable
development and has implemented comprehensive policies to reduce pollution and protect its natural resources
• Austria is a country that places a strong emphasis on renewable energy and sustainable practices. With its
abundant hydropower and wind energy sources, Austria has successfully transitioned to a clean energy economy.
The country has invested heavily in sustainable transportation systems and is known for its efficient public
transportation networks.
19. 5 Ps in International environmental law
People
planet
prosperity
peace
partnership
20. sec 2 of environmental protection act provides
• environment includes water , air and land
• interrelationship which exists among and between water air and land
• interrelationship which exists among and between water air and land and human beings and
• other living creatures, plants, micro-organisms and property
23. 10 Ps of pollution
population
place
power utilization
plentiful attitude
production and consumption
pollution of air water and land
production and accumulation of mounting waste
poverty
production of toxic chemicals
pressure on ecological balance
25. • meaning- it means an integration of developmental and environmental imperatives, to be
sustainable, development must posses both economic and ecological sustainability
• SD was used in Cocoyoc Declaration on environment and development in early 1970s
• the main moto of SD is while thinking of present the future should not be forgotten.
• we owe a duty to future generation
• the concept of sustainable development was first coined in maltese proposal at UN General
assembly of 1967 which contended that there was a common heritage of mankind and this
also required a legal protection by international community.
• it was further discussed in rio declaration on environment and development
RIO DECLARATION ON ENVIRONMENT AND DEVELOPMENT
26. Principle 1
Human beings are at the centre of concerns for sustainable development. They are entitled to a healthy and productive life in
harmony with nature.
Principle 2
States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to
exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure
that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the
limits of national jurisdiction.
Principle 3
The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and
future generations.
Principle 4
In order to achieve sustainable development, environmental protection shall constitute an integral part of the development
process and cannot be considered in isolation from it.
Principle 5
All States and all people shall cooperate in the essential task of eradicating poverty as an indispensable requirement for
sustainable development, in order to decrease the disparities in standards of living and better meet the needs of the majority of
the people of the world.
Principle 6
the special situation and needs of developing countries and particularly least developed country shall be given special priority.
27. Principle 7
States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth's
ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated
responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit of
sustainable development in view of the pressures their societies place on the global environment and of the technologies and
financial resources they command.
Principle 8
To achieve sustainable development and a higher quality of life for all people, States should reduce and eliminate unsustainable
patterns of production and consumption and promote appropriate demographic policies.
Principle 9
States should cooperate to strengthen endogenous capacity-building for sustainable development by improving scientific
understanding through exchanges of scientific and technological knowledge, and by enhancing the development, adaptation,
diffusion and transfer of technologies, including new and innovative technologies.
Principle 10
Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level,
each individual shall have appropriate access to information concerning the environment that is held by public authorities,
including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-
making processes. States shall facilitate and encourage public awareness and participation by making information widely
available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.
decision of a competent national authority.
28. Principle 11
States shall enact effective environmental legislation. Environmental standards, management objectives and
priorities should reflect the environmental and developmental context to which they apply. Standards applied by
some countries may be inappropriate and of unwarranted economic and social cost to other countries, in particular
developing countries.
Principle 12
States should cooperate to promote a supportive and open international economic system that would lead to
economic growth and sustainable development in all countries, to better address the problems of environmental
degradation. Trade policy measures for environmental purposes should not constitute a means of arbitrary or
unjustifiable discrimination or a disguised restriction on international trade. Unilateral actions to deal with
environmental challenges outside the jurisdiction of the importing country should be avoided. Environmental
measures addressing transboundary or global environmental problems should, as far as possible, be based on an
international consensus.
Principle 13
States shall develop national law regarding liability and compensation for the victims of pollution and other
environmental damage. States shall also cooperate in an expeditious and more determined manner to develop
further international law regarding liability and compensation for adverse effects of environmental damage caused
by activities within their jurisdiction or control to areas beyond their jurisdiction.
29. Principle 14
States should effectively cooperate to discourage or prevent the relocation and transfer to other States of any activities and
substances that cause severe environmental degradation or are found to be harmful to human health.
Principle 15
In order to protect the environment, the precautionary approach shall be widely applied by States according to their
capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a
reason for postponing cost-effective measures to prevent environmental degradation.
Principle 16
National authorities should endeavour to promote the internalization of environmental costs and the use of economic
instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard
to the public interest and without distorting international trade and investment.
Principle 17
Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a
significant adverse impact on the environment and are subject to a decision of a competent national authority.
Principle 18
States shall immediately notify other States of any natural disasters or other emergencies that are likely to produce sudden
harmful effects on the environment of those States. Every effort shall be made by the international community to help States so
afflicted.
Principle 19
States shall provide prior and timely notification and relevant information to potentially affected States on activities that may
have a significant adverse transboundary environmental effect and shall consult with those States at an early stage and in good
faith.
30. Principle 20
Women have a vital role in environmental management and development. Their full participation is therefore essential to
achieve sustainable development.
Principle 21
The creativity, ideals and courage of the youth of the world should be mobilized to forge a global partnership in order to achieve
sustainable development and ensure a better future for all.
Principle 22
Indigenous people and their communities and other local communities have a vital role in environmental management and
development because of their knowledge and traditional practices. States should recognize and duly support their identity,
culture and interests and enable their effective participation in the achievement of sustainable development.
Principle 23
The environment and natural resources of people under oppression, domination and occupation shall be protected.
Principle 24
Warfare is inherently destructive of sustainable development. States shall therefore respect international law providing
protection for the environment in times of armed conflict and cooperate in its further development, as necessary
Principle 25
Peace, development and environmental protection are interdependent and indivisible.
Principle 26
States shall resolve all their environmental disputes peacefully and by appropriate means in accordance with the Charter of the
United Nations.
Principle 27
States and people shall cooperate in good faith and in a spirit of partnership in the fulfilment of the principles embodied in this
31. There are many other programmes where sustainable development was a major concern
1. Agenda 21 lays emphasis on international cooperation for achieving the goal
of sustainable development to which many govt. of the world agreed.
2. forest principles- it supported the protection of forest world wide it focuses on combating
deforestration on an urgent basis.
3. convention on climate change and biodiversity
4. united nations framework convention on climate change
5. UN commission on sustainable development
6. intergovernmental panel on climate change with 5 assesment reports
7. kualalampur conference
8.earth summit
9. Kyoto conference on global warming and green house conference
32. salient features of sustainable development
• inter generational equity
• use and conservation of natural resources
• environmental prptection
• precautionary principle
• the polluters pay principle
• obligation to assist and cooperate
• eradication of poverty
• financial assistance to the developing countries
33. Environmental Ethics
Environmental ethics can be defined as a branch of ethics not merely centred on human beings. Environmental
ethics explore the morality in our conduct concerning the environment and other species around us.
Main types of environmental ethics
• Libertarian Extension: with extension, Marshall argues for how some environmental ethics extend the
rights of humans to all beings (like civil liberties).This means that all beings are ontologically valuable, or
valuable for themselves regardless of what use they have to humans. Animal rights defenders are part of
this type of environmental ethics, as they believe all species should have the same rights and moral regard.
• Ecological Extension: these ethics extend not the rights of humans to non-human beings but rather believe
that all biological beings are interdependent on one another.They see an intrinsic value in ecosystems and,
therefore, are based on ecology.
• Conservation Ethics: this set of ethics is anthropocentric despite its environmental consciousness or
consciousness of needing to find ways to respect the environment as humans. It refuses to see intrinsic
value in non-human beings and sees nature as having extrinsic value since it sees it as a means of human
sustainment and growth. An example of this ethics can be found in most governmental articulations of
green politics, which aim at saving the planet while still finding ways to exploit its resources.
34. Environmental Ethics
• Environmental ethics explore human and non-human morality in relation to the
environment.
• Ecology centres ecosystems in its knowledge-production and is hence ecocentric. it sees
humans as superior and central in the world. All of these are types of environmental ethics.
• Environmental ethics derive from non-western indigenous understandings of the relationship
between humans and nature.
• Environmental ethics aim at rethinking how we consume in ways that are not sustainable for
the planet.
• Libertarian extension, ecological extension, and conservative ethics are the main types of
environmental ethics.
• The difference between the three lies in the way in which they see nature. The first two see
an intrinsic value in nature, the last one sees an extrinsic value in it.
35. General Principles of Environmental Law:
Sustainable Development:
• In India, there has been rapid environmental degradation due to the over exploitation of natural resources triggered by
urbanization, industrialization and population explosion. There is therefore a great need for protecting the environment and
ensuring development in a sustainable manner. To resolve the problem of environmental degradation, the experts
worldwide have come up with a doctrine called sustainable development, which essentially advocates harmony between
development and environment protection.
• The concept of sustainable development is not a new concept. In order to strike a balance between environment and
development, the concept of sustainable development refers to development that meets the needs of the present
generation without compromising on the needs of our future generations to be able to meet their needs.
Precautionary Principle:
• Origin of concept: 1992 Earth Summit: Declaration on Environment and Development.
• Principle 15, advocating the widespread international application of the precautionary principle. "In order to protect the
environment, the precautionary approach shall be widely applied by states according to their capabilities. Where there are
threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation."
• The Supreme Court of India, in Vellore Citizens Forum Case, developed the following three concepts for the precautionary
principle:
• Environmental measures must anticipate, prevent and attack the causes of environmental degradation
• Lack of scientific certainty should not be used as a reason for postponing measures.
• Onus of proof is on the actor to show that his action is benign.
36. Public Trust Doctrine:
M.C.Mehta v. Kamal Nath and Others
• Span Motels Pvt. Ltd. was a private company held by the owner of Span Resorts, had floated an ambitious project called
Span Club.
• Mr. Kamal Nath (the then Minister of Environment and Forests) had a direct contact with the owner of Span Motels. He
leased out 27.12 bighas of land to the Company for their project.
• Due to this permission given, led to the encroachment of Beas river and due to the pressure from construction work of the
project, the river changed its course which led to washing away of the adjoining lawns.
• The Owners used bulldozers and earthmovers which led to a change of course of the Beas river. This was done to protect
the motel from floods due to the river in future.
• The Public Trust Doctrine primarily rests on the principle that certain resources like air, water, sea and the forests have such
a great importance to people as a whole that it would be wholly unjustified to make them a subject of private ownership.
Polluter pays principle
The idea behind the Polluter-Pays Principle is, the entity that pollutes or creates environmental degradation is the one that
should directly pay the cost of the polluting action (as opposed to letting society as a whole pay the cost). The costs that have
to be paid are mandated by the government of a country or region and can come in variety of forms. Costs can be both
preventative such as a tax or restorative such as clean-up costs after an accident.
This principle outlines the basic precepts that the cost of using certain resources should better reflect the effects on the planet
and environment as a result if using that resource.
38. Protection of Environment under the Indian Constitution
The environment protection and the constitution of India both have evolved over the years. As the need of the protection of
environment and the realization of such concept has developed through several years, similarly the constitutional frameworks
related to the protection of the environment also emerged through amendments and other related documents. The focus to
provide the constitutional mandate for the protection of environment was to ensure its preservation as it was a serious issue,
although there were some discussion regarding the protection of environment since the ancient time but the full-fledged
actions for the purpose came into force from the Stockholm Conference held in the year 1972. Based upon the Stockholm
conference, the Indian parliament passed the forty second amendment to the constitution in the year 1976[i] and incorporated
specially two Articles relating to protection and improvement of environment where in the Constitution of India obligates the
“State” as well as “Citizens” to “Protect and Improve” the environment.[ii]
ENVIRONMENT PROTECTION AND 42nd AMENDMENT
The 42nd amendment brought in 1976 changed the aspect and now in a way more expressive manner it talked about the
environment protection as it was a very serious problem which was to be tackled the 42nd amendment completely changed
the scenario as the major decision regarding the protection of the environment started taking place. This brought sudden and
important changes in the constitution of India and directed its attention towards the protection of the environment.
SOCIALISM
The 42nd Amendment Act clearly spelt out in the amendment to the Preamble the concept of socialism. In the socialistic
pattern of society, the state pays more attention on the social problems than on any individual problem, and the pollution is
one of them. Once the state is allowed to tilt the balance in favor of social interest, then the vested interests may not create
any road-block in the country's march towards its avowed goal of a just social order.
39. DIRECTIVE PRINCIPLE
One of the directive principles added by the 42nd Amendment Act provides for the protection and improvement of
environment. Article 47 provides for the improvement of public health as one of the primary duties of the state. Article 48A says
"The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country." It
uses the word "environment" which means the aggregate of all the external conditions and influences affecting life and
development of organs of human beings, animals and plants.
FUNDAMENTAL DUTIES
The other provision dealing with the environment finds place in the Chapter on Fundamental Duties. The 42nd Amendment Act
inserts Part IV-A after Part IV of the Indian Constitution which enumerates certain fundamental duties of the citizens of India.
Article 51 A(g) specifically deals with the fundamental duty with respect to environment. It says. It shall be duty of every citizen
of India to protect and improve the natural-environment including forests, lakes, rivers, and wild life and to have compassion for
living creature.
ARTICLE 14
The Indian Constitution guarantees „right to equality‟ to all persons without any discrimination. This indicates that any action of
the „State‟ relating to environment must not infringe upon the right to equality as mentioned in the Article 14 of the
Constitution. The Stockholm Declaration, 1972[v], also recognized this principle of equality in environmental management9 and
it called up all the worlds‟ nations to abide by this principle.
40. ARTICLE 19(1) (a)
Article 19(1) (a) guarantees every citizen a fundamental freedom of speech and expression. In India most of the environmental
jurisprudence has developed by judicial activism. Most of the cases came before the Court as a result of public interest
litigations (PILs) in which the people exercised their freedom of speech and expression sometimes by writing letters to the
court or otherwise by filing petitions before it, highlighting the violation of the rights of the people to live in healthy
environment in one way or the other.ARTICLE 19(1) (g)
Article 19(1) (g)
guarantees all citizens the right “to practice any profession or to carry on any occupation, trade or business”. This right of the
citizens is not absolute. It is subject to Article 19(6) under which “reasonable restrictions” in the “interest of the general
public” can be imposed. Thus, environmental interest from the hazards of any trade or business can be protected.
ARTICLE 21
The judiciary through its interpretation expanded the scope of the Article 21 under this article the aspect of right to life has
been expanded including the right to healthy environment and this aspect has started through the interpretations done by the
high court and further on the apex court also decided the aspect of considering the right to healthy environment also the
intrinsic part of the right to life and personal liberty. We all are aware of the fact that there exists a close link between life and
environment. The right to life would be meaningless if there was no healthy environment.
41. ARTICLE 246
Article 246 of the Constitution divides the subject areas of legislation between the Union and the States. The Union List (List I)
includes defence, foreign affairs, atomic energy, intestate transportation, shipping, air trafficking, oilfields, mines and inter-state
rivers. The State List (List II) includes public health and sanitation, agriculture, water provides, irrigation and emptying, fisheries.
The Concurrent list (List III) under that each State and also the Union will legislate includes forests, protection of wildlife, mines
and minerals and development not coated within the Union List, population control and factories. From an environmental
stand, the allocation of legislative authority is a crucial one – some environmental drawback like sanitation and waste disposal,
square measure best tackled at the native level; others, like pollution and wildlife protection, square measure higher regulated
uniform national laws.
ARTICLE 253
Art.253 of the Constitution empowers Parliament to create laws implementing India’s international obligations furthermore as
any call created at a global conference, association or alternative body. Art. 253 states: nevertheless something within the
preceding provision provisions of this chapter, Parliament has power to create any law for the complete or any a part of the
territory of India for enacting any treaty, agreement or convention with the other country or countries. The Tiwari Committee in
1980 put forward an idea for a brand new entry on “environmental Protection” to be introduced within the concurrent list to be
modified by the centre to enact on environmental subjects, as there was no direct entry in the 7th seventh enables Parliament
to enact comprehensive environment laws.
42. LAW OF WRITS
The Constitution of India has given Powers to the Hon’ble Supreme Court and the High Courts to issue writs. One of the
fundamental rights of a citizen is right to constitutional remedy embodied under Article 32 of the Constitution of India23. It is
a mandate and fundamental right guaranteed under Article 32 of the Constitution, to approach the Hon’ble Supreme Court. It
is part of basic feature of the Constitution that the actions of the state are justiciable under Article 32 and 226. The Supreme
Court in the case of Charan Lal Sahu vs. Union of India[x] has invoked the doctrine of parens patriae. It is under Article 32 and
226 of the Constitution of India that the Supreme Court and High Courts have been empowered to entertain litigations
pertaining to enforcement of basic rights. These litigations have played major role in framing and implementation of various
legislations for environmental protection and pollution control.
CONCLUSION
The protection of the environment is the most important aspect for the survival of the human beings, the idea regarding the
protection of the environment has emerged throughout the years it is not the result of any gradual change. The Stockholm
conference which can also be said as the first official meeting regarding the environment protection has drawn the attention of
the entire nation regarding the protection of the environment.
43. DPSP
Article 51:
Article 51 Promotion of international peace and security The State shall endeavour to:
promote international peace and security;
maintain just and honorable relations between nations;
foster respect for international law and treaty obligations in the dealings of organised people with one another; and encourage
settlement of international disputes by arbitration
The Parliament availed the opportunity provided by the Constitution (Forty-second Amendment) Act, 1976 to improve the
manifestation of objects contained in Article 48 and 48-A. While Article 48-A speaks of environment, Article 51-A (g) employs
the expression the natural environment and includes therein forests, lakes, rivers and wild life. While Article 48 provides for
cows and calves and other milch and draught cattle,
Article 51-A(g) enjoins it as a fundamental duty of every citizen to have compassion for living creatures, which in its wider fold
embraces the category of cattle spoken of specifically in Article 48.
In Mohan Kumar Singhania & Ors. v. Union of India & Ors.,[12],a governmental decision to give utmost importance to the
training programme of the Indian Administrative Service selectees was upheld by deriving support from Article 51-A(j) of the
Constitution, holding that the governmental decision was in consonance with one of the fundamental duties.
n State of U.P. v. Yamuna Shanker Misra & Ors.,[13], this Court interpreted the object of writing the confidential reports and
making entries in the character rolls by deriving support from Article 51-A(j) which enjoins upon every citizen the primary duty
to constantly endeavour to strive towards excellence, individually and collectively.
44. In T.N. Godavarman Thirumalpad v. Union of India & Ors.,[14], a three-Judge Bench of this Court read Article 48-A and Article
51-A together as laying down the foundation for a jurisprudence of environmental protection and held that:
Today, the State and the citizens are under a fundamental obligation to protect and improve the environment, including
forests, lakes, rivers, wild life and to have compassion for living creatures.
In State of W.B. & Ors. v. Sujit Kumar Rana[15], Articles 48 and 51-A(g) of the Constitution were read together and this Court
expressed that these provisions have to be kept in mind while interpreting statutory provisions.
45.
46. International environmental law developed as a subset of international law in the mid-
twentieth century
• Although conservation movements developed in many nations in the nineteenth century,
these movements typically only addressed environmental concerns within a single nation.
• A growing body of environmental scientific evidence from the 1950s and 1960s, however,
illustrated global environmental stresses, along with the need for a multinational solution to
environmental issues.
• Scientific research established that air and water pollution, overfishing, and other
environmental issues often have effects that reach far beyond the borders of any particular
nation.
• By the late-1960s, the international community realized that an international approach to
environmental issues was required.
• International environmental law is derived primarily from three sources: customary
international law; international treaties; and judicial decisions of international courts.
Customary international law refers to a set of unwritten laws that have arisen from
widespread custom and usage among nations. Examples of environmental international
customary law include warning a neighboring nation about a major accident that could affect
its environment.
47. Nature and scope
• International environmental law is a body of international law concerned with protecting the
environment, primarily through bilateral and multilateral international agreements.
• International environmental law developed as a subset of international law in the mid-
twentieth century.
• Although conservation movements developed in many nations in the nineteenth century,
these movements typically only addressed environmental concerns within a single nation.
• A growing body of environmental scientific evidence from the 1950s and 1960s, however,
illustrated global environmental stresses, along with the need for a multinational solution to
environmental issues.
• Scientific researchestablished that air and water pollution, overfishing, and other
environmental issues often have effects that reach far beyond the borders of any particular
nation.
• By the late-1960s, the international community realized that an international approach to
environmental issues was required.
48. Historical Background and Scientific Foundations
• International environmental law is derived primarily from three sources:
• customary international law;
• international treaties; and
• judicial decisions of international courts.
• Customary international law refers to a set of unwritten laws that have arisen from widespread custom and
usage among nations. Examples of environmental international customary law include warning a neighboring
nation about a major accident that could affect its environment.
• Decisions by international courts or arbitrators, such as the International Court of Justice or the International
Tribunal for the Law of the Sea, also shape international environmental law.
• The Trail Smelter Arbitration case of 1938 and 1941, one of the earliest international environmental law
cases, involved a dispute between the United States and Canada over air pollution from a Canadian smelting
factory. The pollution blew across the American-Canadian border and destroyed crops in the State of
Washington. After 15 years, an international arbitration panel established the “polluter pays principle,” a key
foundation of international environmental law. The polluter pays principle holds that if pollution from one
nation causes harm in another nation, then the polluter nation must pay to remedy the damage.
49. • International treaties are the most recent, and most effective, source of international environmental law. The
principle of sovereignty holds that every nation has complete control over the activities within its borders unless
that nation agrees to relinquish some control. Nations typically abrogate (eliminate) part of their sovereignty
through bilateral or multilateral international treaties.
• The destruction of ecosystems and the exploitation of wild flora and fauna were the first environmental issues
to receive widespread international attention.
• In 1963, the World Conservation Union (IUCN), a nongovernmental organization (NGO) dedicated to
environmental conservation, called on all nations to take steps to protect endangered species.
• Following a conference on the issue, 80 nations promulgated the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES).
• CITES is an international agreement designed to protect endangered plants and animals by regulating the trade
of endangered species or products derived from them.
• Since going into effect in 1975, CITES has developed widespread international support. Currently, 172 nations
are party to the convention.
• the 1970s, the United Nations has pressed for increased multilateral international environmental
50. sustainable development
• Development (i.e., increased or intensified economic activity; sometimes used as a synonym for industrialization)
that meets the cultural and physical needs of the present generation of persons without damaging the ability of
future generations to meet their own needs.
• In 1968, scientists and representatives from 60 nations met at the United Nations Biosphere Conference in Paris
to discuss pollution, natural resource depletion, and wetland destruction. The Biosphere Conference did not
produce any formal international treaties.
• The Biosphere Conference laid the groundwork for future international environmental conferences and treaties
by expressing the desire for a balance between utilization and conservation of natural resources.
stockholm and rio declaration
• The United Nations convened the first major international conference on the environment, the United Nations
Conference on the Human Environment (UNCHE), in Stockholm, Sweden, in 1972.
• In addition to environmental issues, UNCHE, or the Stockholm Conference, also addressed the related issue of
sustainable development.
• The Stockholm Conference produced two conventions related to these issues: the Declaration of the Conference
on the Human Environment and the action plan.
• The Declaration of the Conference stated that every human is entitled to a clean, healthy environment.
51. • The declaration also called on humans to manage wildlife and their ecosystems to ensure their continued existence, including
a reduction in pollution.
• It also recommended that industrialized nations provide financial and technological support to developing nations so they
could develop their economies in an environmentally responsible manner.
• The action plan of the Stockholm Conference contained 109 specific recommendations for achieving the goals of sustainable
development and environmental conservation.
• The United Nations established the United Nations Environment Programme (UNEP) to implement the recommendations of
the action plan and to coordinate assistance to developing economies
• .In 1982, the United Nations opened the United Nations Conference on the Law of the Sea (UNCLOS) for signatures. UNCLOS is
the primary international agreement regarding the use and protection of the oceans.
• The need for international agreement on the use of the oceans had become apparent by the mid-twentieth century.
• Technological advancements increased the use and exploitation of the ocean and its resources on an unprecedented level.
Fish populations declined rapidly, and increased marine pollution destroyed coastal and open-water ecosystems.
UNFCCC
• The UNFCCC combats global climate change primarily by regulating greenhouse-gas emissions.
• UNFCCC produced the Kyoto Protocol, one of the most influential international treaties to address global climate
change.
• The Kyoto Protocol is an international treaty that commits countries to specific greenhouse-gas emission goals in
order to stabilize such emissions.
• The Third Conference of the Parties to the UNFCCC adopted the Kyoto Protocol in 1997, and the treaty went into
effect in February 2005. The Kyoto Protocol requires participating industrialized nations to reduce their
52. Recent Developments under the Convention
Methodologies for reporting financial information by Parties included in Annex I to the Convention
• The Subsidiary Body for Scientific and Technological Advice (SBSTA) at its 40th session, initiated its discussion on
methodologies for the reporting of financial information, taking into account existing international methodologies
and based on the experience gained in preparing the first biennial reports from developed country Parties, in
accordance with decision 2/CP.17, paragraph 19.
• During its 40th and 41st sessions, the SBSTA was informed of the work of the Standing Committee on Finance
(SCF) relating to the preparation of the 2014 biennial assessment and overview of climate finance flows (BA), the
relevant work being conducted under the Subsidiary Body for Implementation on the revision of the guidelines for
preparation of national communications, and the summary of relevant on-going work under the Subsidiary Body
for Implementation and the SCF.
• By decision 11/CP.20, the mandate given to the SBSTA to develop methodologies for reporting financial
information was extended by one year, with a view to recommending a decision to COP 21.
• The Standing Committee on Finance, in accordance with the same decision, included its recommendations on the
methodologies for the reporting of financial information in Annex VI of its annual report to COP 21, taking into
consideration the outcomes of the joint in-session technical workshop (see below).
53. • The SBSTA completed its mandate at its 43rd session. The COP, on a recommendation by the SBSTA, adopted decision
9/CP.21, which includes inter alia:
• Adjustments in the reporting parameters in tables 7, 7(a) and 7(b) of the common tabular format
• Request to the secretariat to revise the electronic reporting application for a common tabular format and to explore ways of
creating links to other reporting software and platforms to facilitate the importation and exportation of activity-level data
• Request to the secretariat to improve the software of the biennial report data interface to allow for search functions on the
UNFCCC website to collect information per key category in tables 7, 7(a) and 7(b) of the common tabular format.
• Request to the secretariat to update UNFCCC national focal points when the information on climate finance directed to
recipient countries as reported under the Convention is made available.
