international environmental law

1. INTERNATIONAL
ENVIRONMENTAL LAW
PERSPECTIVE
UNIT V and UNIT VI

2. • International environment law is an international effort on the part of
the nations to act within a framework of sustainable development to
combat the issues casting a crisis on the environment.
• It is part of public international law monitoring the behaviour of States
towards subjects like ozone layer depletion, conservation of natural
resources, preservation of flora and fauna, maintaining the hydrological
and ecological cycles.
• These laws are soft laws that serve to influence and aspire member
nations to comply with the standard norms and principles, without
compelling their enforcement. This is an outcome of the sovereignty
concerns of the nations that make them reluctant in submitting control
over their people and their affairs to an external authority.
• The disputes arising out of international environmental laws can be
referred to the International Court of Justice and other arbitral
institutions provided that the parties to the dispute have
voluntarily submitted to their jurisdictions by such an agreement.
The forums while adjudicating have to rely on the national laws to enforce
their orders or awards.

3. Early Legal Developments
• Early legal developments in the field of the environment were limited in nature
and scope. Legal initiatives mostly focused on specific issues such as regulation
of whaling, fisheries, watercourses and birds (e.g. Convention between France
and Great Britain Relating to Fisheries, 1867 and Convention for the Regulation
of Whaling, 1931).
• In the 1930s, the transboundary consequences of air pollution were
acknowledged in arbitral proceedings leading to the award of the arbitral
tribunal in the Trail Smelter case. The Trail Smelter case (Canada v. US) (1941)
laid down the rule of international law on state responsibility in the context of
transboundary pollution .
• It was held that: No state has the right to use or permit the use of its territory in
such a manner as to cause injury by fumes in or to the territory of another or the
properties or persons therein, when the case is of serious consequences and the
injury is established by clear and convincing evidences.

4. • This principle was concretised subsequently through case laws (e.g.
Corfu Channel case (UK v Albania)
• This dispute gave rise to three Judgments by the Court. It arose out of
the explosions of mines by which some British warships suffered
damage while passing through the Corfu Channel in 1946, in a part of
the Albanian waters which had been previously swept. The ships were
severely damaged and members of the crew were killed.
• The United Kingdom accused Albania of having laid or allowed a third
State to lay the mines after mine-clearing operations had been carried
out by the Allied naval authorities.
• The Court found that Albania was responsible under international law
for the explosions that had taken place in Albanian waters and for the
damage and loss of life which had ensued.

5. Sources of International Environmental Law
• Article 38(1) of the Statute of the International Court of Justice
provides that treaties, customs and general principles of law
recognised by civilised nations are the major sources of international
law.
• Judicial decisions and teachings of the most highly qualified publicists
are recognised as subsidiary sources. While treaties and customary
law are important sources of international environmental law, the
legal regime for the protection of the environment also includes a
range of legally non-binding instruments generally known as ‘soft law’,
which includes declarations and guidelines.

6. • Treaties
• Treaties are the most frequently used source of international
environmental law. The last few decades, particularly the 1980s and the
1990s, have witnessed a proliferation of multilateral environmental
agreements (MEAs).
• Between the Stockholm Conference, 1972 and the Rio Conference, 1992,
several treaties were concluded covering a range of issues such as
regulation of trade in endangered species (Convention on International
Trade in Endangered Species of Wild Fauna and Flora, 1973 (CITES)),
marine pollution (International Convention for the Prevention of
Pollution from Ships, 1973), ozone protection (Vienna Convention on
Protection of the Ozone Layer, 1985) and transboundary movement of
hazardous waste (Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal, 1989)

7. • The treaty making process in international environmental law has also
witnessed the introduction of novel ideas, most importantly, the Convention-
Protocol approach, which envisages a framework convention with broad
principles. Concrete obligations and actions will be laid down in subsequent
agreements known as protocols.
• For example, general principles pertaining to the protection of biodiversity are
laid down under the Convention on Biological Diversity, 1992. However,
concrete rights and duties have been laid down in subsequent protocols on
different issues such as benefit sharing (Nagoya Protocol on Access to Genetic
Resources and the Fair and Equitable Sharing of Benefits Arising from their
Utilization, 2010).
• The climate change regime is another example with the United Nations
Framework Convention on Climate Change, 1992 as the framework
convention and the Kyoto Protocol, 1997 as a subsequent agreement with
concrete rights and duties.

8. Custom
• Custom is also an important source of international environmental
law. Courts and tribunals at the international level have recognized
and used customary norms on various occasions.
• For example, the International Court of Justice recognised the
principle of reasonable and equitable utilization as a customary
norm in the context of the use and conservation of international
watercourses in the Hungary v. Slovakia.
• In the Pulp Mills case, the International Court of Justice has
recognised transboundary environmental impact assessment as a
requirement of customary or general international law.

9. Case concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay),
Request for the Indication of Provisional Measures
• By an application filed on 4 May 2006, Argentina instituted proceedings against the
Uruguay for the alleged breach by Uruguay of obligations under the Statute of the
River Uruguay, which was signed by Argentina and Uruguay from 26 February 1975.
• Such breach was said to arise from “the authorization, construction and future
commissioning of two pulp mills on the River Uruguay”, with reference in particular “to
the effects of such activities on the quality of the waters of the River Uruguay and on
the areas affected by the river”.
Argentina explained that the 1975 Statute had been adopted in accordance with the
Treaty defining the boundary on the River Uruguay between Argentina and Uruguay
from 7 April 1961 which provided for the establishment of a joint régime for the use of
the river.
• Argentina stated that the 1975 Statute, in addition to governing “activities such as
conservation, utilization and development of other natural resources”, it dealt with
“obligations of the parties regarding the prevention of pollution and the liability
resulting from damage inflicted as a result of pollution”

10. • The Court did not find it necessary at this stage to analyze whether
Uruguay might have failed to comply with the provisions of the 1975
Statute when it authorized the construction of the two mills.
It was not convinced that, if it should later be shown that Uruguay had
failed to comply with these provisions, any such violations would not be
capable of being remedied at the merits stage of the proceedings.
• In the Court’s view, there was nothing to demonstrate that the very
decision by Uruguay to authorize the construction of the mills posed an
imminent threat of irreparable damage to the aquatic environment of
the River Uruguay or to the economic and social interests of the
riparian inhabitants on the Argentine side of the river.

11. • Danube Dam Case (Gabcikovo-nagymaros Project
• In 1977, Hungary (D) and Slovakia (P) agreed to build and operate along the
Danube River for dam to provide hydroelectric power and flood control
improvements.
• This project never saw the light of the day and the two countries went through
different changes in their political and economic systems beginning in 1989.
• Hungary (D) was the first to stop and abandon its part of the works and later
give notice of termination of the treaty. In 1992 and based on international
law, both countries asked the I.C.J. to decide whether Hungary (D) was entitled
to suspend and subsequently abandon its part of the work, on the grounds of
the doctrine of impossibility of performance.
• The court held that a vital change of circumstances must have been
unforeseen which is not in the present case. Hence the clause of rebus will not
be accepted and compensation will be paid.

12. • Nevertheless, identification of international customary norms is not an easy
task.
• Given the fact that environmental issues are evolving, it is a challenge to
ascertain the two essential components of international custom – state
practice and opinio juris.
• While the former denotes the actual practice followed by states, the later
denotes the part whether the states have considered it as their legal
obligation to follow such practice.
• It is extremely difficult to ascertain the state practice of over 190 countries.
Further, there is a lack of clarity as to how to ascertain these components.
• While the traditional method suggests that more weightage ought to be
given to actual state practice, the modern approach relies heavily on
documents such as declarations or the work of international organisations
such as the International Law Commission.

13. • Non-binding instruments have also been very influential in the development of
international environmental law. Even though they are technically not ‘law’, soft
law has played a significant role in international environmental law.
• First, some of the most influential developments that have shaped international
environmental law have been the result of non-binding instruments such as the
Stockholm Declaration, 1972 and the Rio Declaration, 1992.
• Second, soft law instruments have played a crucial role in concretising some of
the key principles of international environmental law such as state responsibility
for transboundary harm.
• Third, soft laws form a starting point for the development of hard law. Several
environmental soft law instruments have played a crucial role in the
development of legally binding treaties. For example, the Helsinki Rules on the
Uses of the Waters of International Rivers, 1966 adopted by the International
Law Association formed the basis of a treaty subsequently adopted on
international watercourses - the UN Convention on the Non-Navigational Uses
of International Watercourses, 1997.

14. The United Nations Conference on the Human Environment (1972)
• In 1968-1969, the General Assembly,
by Resolutions 2398 and 2581 decided to conduct
the conference. The Stockholm Conference was
held in Sweden from June 5-16, 1972.
• The object behind this conference was to
• create a basis for comprehensive understanding
within the United Nations of the problems of the human
environment, and to
• focus the attention of Governments and public
opinion in various countries on the importance of
the problem.

15. • In a two-week period it adopted not only a basic Declaration and a
detailed resolution on institutional and financial arrangements, but
also 109 recommendations comprising an ambitious action plan.
• The Declaration contains a set of "common principles to inspire and
guide the peoples of the world in the preservation and
enhancement of the human environment."
• The resolution on institutional and financial arrangements
proposed the establishment by the General Assembly of the United
Nations of an intergovernmental Governing Council for
Environmental Programmes, to provide general policy guidance for
the direction and coordination of environmental programs.
• At the end of the convention 26 principles were adopted and declared by the
participating states. This is known as the Magna Carta of the human
environment

16. • Declaration focus was
1. on the need for States to legislate internally to protect and preserve the
environment, as well as on the need for international co-operation for the
same purpose.
2. the relationship between environment and development is one of the
issues of crucial importance and it would be useful to make a particular
reference in the Declaration to the protection of the interests of
developing countries.
3. Some representatives expressed themselves in favor of including in the
Declaration a definition of the term "human environment," while others
felt "that it might be difficult at the present stage to reach agreement on a
satisfactory definition which would not be unduly restrictive; and that an
attempt to formulate a definition might unprofitably delay the
preparatory work on the substance of the draft Declaration

17. • The declaration is divided into 2 parts.
• The first part i.e. Preamble contains about man and his
connection with the environment. seven truths
• It also contains general observations, such as that
A. men are both creators and molders of their
environment.
B. The protection of the environment is a pressing issue.
C. It is the desire of the citizens of all the nations and
the responsibility of all the governments to protect
and preserve the environment.
• The second part contains 26 principles which form the basis
of the international policy for the protection and preservation
of the environment.

18. • Human-centric (Principles 1 and 15)
• Principle 1: Rights and Responsibilities for
protecting the environment – Humans have the right
to use and enjoy nature. The right to enjoy nature is
not unfettered, it is coextensive with the duty to protect
and also safeguards the fundamental right of a healthy
environment. This principle also explicitly bars
discriminatory laws.
• Principle 15: Human settlement and Urbanization
– Planned settlements and urbanization are required.
They reduce the adverse effects on the environment.
The goal is to secure maximum benefits for all through
planning. All discriminatory plans are also barred.

19. • Sustainable development (Principles 2, 3, 4, 5, 13 and 14)
• Principle 2: Duty to protect natural resources
– Natural resources are limited. We must use natural
resources carefully. Preservation of resources depends
on effective planning and management.
• Principle 3: Duty to preserve renewable resources
– Although renewable resources are not depletable,
their preservation is necessary for their quality.
• Principle 4: Wildlife Conservation – A combination of
factors is responsible for endangering wildlife. Humans
have a special responsibility for protecting wildlife. The
inclusion of conservation of wildlife in economic planning
leads to sustainable development.

20. • Principle 5: Duty to preserve non-renewable resources
– Non-renewable resources are exhaustible. They are valuable
resources. Exercising care and caution is necessary to prevent them
from depletion
• Principle 13: Rational Management of Resources – States
should adopt rational methods to manage the resources and to
improve the environment. An integrated and coordinated approach
is preferable.
• Principle 14: Rational Planning – Conflicts between
development and conservation are reconciled with rational
planning. Development and conservation must go hand in
hand.
• States have the absolute authority to use natural resources
according to their policies. However, their policies shouldn’t violate
the principles of international law and cause damage to other states
outside its jurisdiction.

21. • Preventive actions (Principles 6,7,8 and 18)
• Principle 6: Management of pollution – Pollution is harmful to the
environment. Discharging toxins and other substances in large quantities
are harmful to the ecosystem. Both the citizens and the states should
play an active role in reducing the dumping of harmful substances.
• Principle 7: Management of sea pollution – The states should reduce
sea pollution by taking necessary steps to prevent substances hazardous
to human health, marine life, and the legitimate uses of seas.
• Principle 8: Social and Economic development – The improvement of
social and economic conditions is necessary for a better living and
working environment. Improvements shouldn’t affect the environment in
any way.
• Principle 18: Application of science – Science and technology are
indispensable in today’s life. They are used in almost every industry.
Science and technology are also applicable to the conservation of the
environment. It is useful for identifying and controlling environmental
risks. They are useful for finding solutions for environmental issues

22. • Cooperation (Principles 24 and 25)
• Principle 24: Cooperation with nations – Although
each state has exclusive jurisdiction to legislate on internal
matters, international cooperation is necessary for the
holistic improvement of the environment. States must
recognize that environmental problems affect all the states
equally. By multilateral and bilateral agreements states
can control, prevent, and reduce environmental risks.
• Principle 25: Coordination with nations – Coordination
between states is crucial for alleviating the existing
conditions. The states can jointly coordinate actions and
plans for improving existing environmental conditions.
• Other principles

23. MISCELLANEOUS PROVISION
• Principle 20: Expanding scientific research – Researching and developing methods
nationally and internationally is important to tackle environmental problems. There must exist a
system where information and research can flow easily across nations. Countries must also
control their spending on scientific research without burdening the economy.
• Principle 9: Environmental Deficiencies – Natural disasters and underdevelopment lead to
deficiencies. Navigating through such deficiencies is difficult. Requesting technological and
financial assistance to supplement the local efforts leads to a quicker and effective remedy.
• Principle 10: Stability of prices and incomes – Stability in the prices of essential
commodities and stability of income is essential for the environmental management of
developing countries. Economic factors are also part of the environmental process.
• Principle 12: Education on environmental protection – Environmental protection is the
need of the hour. Every citizen should understand the importance of environmental protection.
Adoption of a suitable medium like social media, print media, etc is crucial to spread awareness
about environmental protection.
• Principle 16: Population Control – In areas where the population is excessive and is likely to
affect the environment, the states can implement policies to control the growth of the population.
These policies shouldn’t violate basic human rights.
• Principle 17: Setting up of national institutions – States should establish national bodies for
the control and management of environmental resources within the state.
• Principle 26: Ban on nuclear weapons – Nuclear weapons are the most destructive weapons.
They cause more damage to the environment than any other weapon. All the nations should
come together to ban nuclear weapons.

24. OUTCOMES OF THE
CONFERENCE
• The declaration recognizes humans as the greatest threat to the environment.
Humans are responsible for almost all of the environmental destruction.
• The declaration discusses in detail the role of underdeveloped nations in
environmental problems and urges them to reduce their negative impact on
the environment.
• The declaration recognizes the capability of humans to make strides in social
progress and the use of science to make a better environment.
• Individuals have the responsibility to exercise care and precaution. Ignorant
and careless actions lead to the destruction and deterioration of the
environment.
• To take careful action, better awareness, and education about the protection
of the environment are required.
• Governments are directed to control their internal actions by enacting and
enforcing environmental laws and to coordinate with other nations and
international agencies to mitigate the damage caused by pollution.

25. United Nations Conference on Environment and Development, 1992 (EARTH
SUMMIT)
• The United Nations Conference on Environment and Development
(UNCED), also known as the 'Earth Summit', was held in Rio de Janeiro,
Brazil, from 3-14 June 1992.
• This global conference, held on the occasion of the 20th anniversary of
the first Human Environment Conference in Stockholm, Sweden, in
1972, brought together political leaders, diplomats, scientists,
representatives of the media and non-governmental organizations
(NGOs) from 179 countries for a massive effort to focus on the impact
of human socio-economic activities on the environment.
• A 'Global Forum' of NGOs was also held in Rio de Janeiro at the same
time, bringing together an unprecedented number of NGO
representatives, who presented their own vision of the world's future in
relation to the environment and socio-economic development.

26. OBJECTIVES
• The Rio de Janeiro conference highlighted how different social,
economic and environmental factors are interdependent and
evolve together, and how success in one sector requires action
in other sectors to be sustained over time.
• Concept of sustainable development was an attainable goal for
all the people of the world, regardless of whether they were at
the local, national, regional or international level.
• To produce a broad agenda and a new blueprint for
international action on environmental and development issues
that would help guide international cooperation and
development policy in the twenty-first century.

27. AGENDA 21

28. AGENDA 21
• Agenda 21, established at the 1992 United Nations Conference on
Environment and Development, or “Earth Summit”, in Rio de Janeiro,
Brazil, is the blueprint for sustainability in the 21st
century.
• Agenda 21 is a commitment to sustainable development, which
was agreed by many of the world’s governments. Nations that have
pledged to take part in Agenda 21.
• THEY are monitored by the International Commission on
Sustainable Development, and are encouraged to promote
Agenda 21 at the local and regional levels within their own
countries.
• Agenda 21 addresses the development of societies and
economies by focusing on the conservation and preservation of
our environments and natural resources.

29. • Agenda 21 provides a format for this to happen, detailing an action
plan for sustainable development and establishing targets for
actions that combine economic development and environmental
protection.
• Every local government should create its own local
Agenda 21 as one of the project's main goals.
• SECTION I. SOCIAL AND ECONOMIC DIMENSIONS
• International cooperation to accelerate sustainable development in developing
countries and related domestic policies
• Combating poverty
• Protecting and promoting human health conditions
• Promoting sustainable human settlement development.
• Integrating environment and development in decision-making

30. Section II: Conservation and management of resources for development
• The population will keep on increasing and that is a hard fact. There
is an utter need for conserving and properly managing the natural
resources of the earth.
• There are many resources of the earth which are very limited and with time
they will get exhausted and humans will be left with nothing. Siberian tiger
and dodo birds have already gone extinct and there had been a massive
amount of deforestation.
• The way to tackle all of this is simply installing new legal mechanism
and laws in the country that will make it an obligation for the citizens and
the government to conserve our natural resources before they deplete.
• Also, there is a need for research for a newer and renewable form of
energy which will make it viable for humans to use such resources without
the worry of them going extinct.
• There is also a need to protect animals so that the food chain remains
balanced and our bio-diversity is not destroyed.

31. Section III: Strengthening the role of major groups
• There is an absolute need to integrate women in all developmental activities.
• The Nairobi Forward-looking Strategies for the Advancement of Women is
needed to be implemented in our society. The need for increasing the section
of women involved in making policy or decision is an absolute necessity as well.
• The other groups that also need to be considered are the children and youth. It
is also a requirement for integrating youth to participate actively in the
decision-making process because it is the youth that is the future generation
and any long term policy will affect them more than it would affect elders who
are making such policy.
• They should be given the opportunity to participate fully in policies that are
made regarding their lands because it is their right. Refusal to include them is
nothing less than a violation of human rights.

32. Section IV: Means of Implementation
• There is a need for transfer of technology which is
environment friendly. Such transfer will assist in a
better form of sustainable development in our
society. Along with such transfer of resources, there is a
need for science for sustainable development.
• Scientists to develop new long term strategies related.
• to sustainable development and conservation of resources.
Finally, there is a need to create awareness among the
people, promoting education and imparting training
to the general masses of people so that we can have a
better sustainable lifestyle and development and we can
preserve our biodiversity.

33. CRITICISM
• Agenda 21 faced many criticisms when it was introduced in
the Rio Declaration in the year 1992. Especially in the
United States, the people opposing Agenda 21 had to
say that Agenda 21 is a means to force people out of
their homes and cities.
• The SDG or the Sustainable Development Goals were also
criticised for the lack of having any fundamental
priorities and having too many goals and objectives.
• Another criticism was that there was a lack of obligatory
laws and most of the laws were left upon the
discretion of the member state countries and hence
this made the whole of Agenda 21 and the Rio
Declaration weaker.

34. THE RIO DECLARATION ON ENVIRONMENT
AND DEVELOPMENT (1992)
• PRINCIPLE 1 Human beings are at the center 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.

35. • 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 co-operate 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,
particularly the least developed and those most environmentally vulnerable,
shall be given special priority. International actions in the field of environment
and development should also address the interests and needs of all countries.

36. • PRINCIPLE 7 States shall co-operate 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.
• 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 co-operate to build 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.

37. • 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 . 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.
• PRINCIPLE 11 States shall enact effective environmental legislation
• PRINCIPLE 12 States should co-operate 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.

38. • PRINCIPLE 13 States shall develop national law regarding liability and
compensation for the victims of pollution and other environmental
damage.
• PRINCIPLE 14 States should effectively co-operate 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.

39. • 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.

40. • 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.

41. • 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 co-
operate 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 co-operate in good faith and in a
spirit of partnership in the fulfilment of the principles embodied in this
Declaration and in the further development of international law in the
field of sustainable development

42. UNITED NATIONS FRAMEWORK CONVENTION
ON CLIMATE CHANGE
• The United Nations Framework Convention on Climate
Change (UNFCCC), signed in 1992 at the United Nations
Conference on Environment and Development also known
as the Earth Summit, the Rio Summit or the Rio
Conference.
• The UNFCCC entered into force on 21st
March 1994, and has
been ratified by 197 countries.
• It is the parent treaty of the 2015 Paris Agreement. It is also
the parent treaty of the 1997 Kyoto Protocol.
• The UNFCCC secretariat (UN Climate Change) is the United
Nations entity tasked with supporting the global response to
the threat of climate change. It is located in Bonn, Germany.

43. • Objective:
• To achieve stabilization of greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous repercussions
within a time frame so as to allow ecosystems to adapt naturally and
enable sustainable development.
• The Conference of the Parties (COP):
• COP is the apex decision-making authority of UNFCCC.
• The COP meets every year, unless the Parties decide otherwise. The first COP
meeting was held in Berlin, Germany in March, 1995.
• The COP meets in Bonn, the seat of the secretariat, unless a Party offers to
host the session.
• The office of the COP President normally rotates among the five United
Nations regional groups which are - Africa, Asia, Latin America and the
Caribbean, Central and Eastern Europe and Western Europe and Others.
• The President is usually the environment minister of his or her home country.
S/he is elected by acclamation immediately after the opening of a COP session.

44. • The treaty sets limits on GHG emissions in countries, but these are not binding
and there are no enforcement mechanisms either.
• However, there are provisions for updates or protocols that can be used to set
legally binding emission limits on countries.
• India ratified the UNFCCC in 1993.
• The nodal agency for the UNFCCC in India is the Ministry of Environment,
Forests and Climate Change (MoEFCC).
• Since India is a developing country, it is not required to adhere to GHG
mitigation commitments because of its relatively smaller emissions and also
because of lesser technical and financial capacities.
• India has been a big champion of the principles of Equity and Common But
Differentiated Responsibilities and Respective Capability (CBDR-RC) at the
Convention.
• This is primarily based on the belief that developed countries have largely been
responsible for the huge emission levels, owing to their being industrialized
decades before the other countries.

45. • Stabilizing GHG concentrations in the atmosphere requires that the
balance of “gross” emissions of GHG minus the removals of GHG
from the atmosphere reach “net zero.”
• Two principles agreed in the UNFCCC are that
• (1) Parties should act “on the basis of equity and in accordance with their
common but differentiated responsibilities and respective capabilities”
and
• (2) developed country Parties should take the lead in combating climate
change.
• The bifurcation of responsibilities among Parties into developed (Annex
I) and developing countries has been a major point of contention.
Annex I Parties, including the United States, had stronger
obligations, such as more rigorous reporting and reviews. A subset
listed in Annex II, including the United States, committed to provide
agreed financial resources and technology transfers.

46. • The treaty called for
• ongoing scientific research and regular meetings, negotiations, and future policy
agreements designed to allow ecosystem to adapt naturally to climate change;
• and to enable economic development to proceed in a sustainable manner.
• Article 3(1) of the Convention states that Parties should act to protect the climate
system on the basis of "common but differentiated responsibilities and respective
capabilities", and that developed country Parties should "take the lead" in
addressing climate change. Under Article 4, all Parties make general commitments
to address climate change through, for example, climate change mitigation and
adapting to the eventual impacts of climate change. Article 4(7) states:
• The extent to which developing country will effectively implement their
commitments under the Convention will depend on the effective implementation
by developed country Parties of their commitments under the Convention related
to financial resources and transfer of technology and will take fully into account that
economic and social development and poverty eradication are the first and
overriding priorities of the developing country Parties.

47. • Action for Climate Empowerment (ACE) is a term adopted by the
UNFCCC in 2015 to have a better name for this topic than "Article
6".
• It refers to Article 6 of the convention's original text (1992), focusing
on six priority areas: education, training, public awareness,
public participation, public access to information, and
international cooperation on these issues.
• The implementation of all six areas has been identified as the
pivotal factor for everyone to understand and participate in solving
the challenges presented by climate change.
• ACE calls on governments to develop and implement educational
and public awareness programmes, train scientific, technical and
managerial personnel, foster access to information, and promote
public participation in addressing climate change and its effects.

48. • A "National Communication" is a type of report submitted by
the countries that have ratified the United Nations Framework
Convention on Climate Change (UNFCCC).
• Developed countries are required to submit National
Communications every four years and developing
countries should do so.
• Some Least Developed Countries have not submitted
National Communications in the past 5–15 years, largely due to
capacity constraints.

49. • The Climate Neutral Now Initiative is one of several initiatives launched by
the UNFCCC secretariat to increase climate action by engaging non-Party
stakeholders (semi-governments, companies, organizations, individuals). It
was launched in 2015 based on a mandate to promote the voluntary use of
carbon market mechanisms recognized under the Convention.
• It has evolved to become a much wider tool for awareness-raising, capacity
building, partnership development, promoting and facilitating the estimation
of carbon footprints, the reduction of those footprints, and voluntary
compensation (offsetting).
• The Climate Neutral Now Initiative encourages and supports organizations
and other interested stakeholders to act now in order to achieve a climate
neutral world by 2050 as enshrined in the Paris Agreement.
• An organization can become a participant by signing the Climate Neutral
Now Pledge, following the three steps (Measure, Reduce, Contribute) and
reporting on its actions and achievements annually.

50. KYOTO PROTOCOL
• Kyoto Protocol was adopted on 11 December 1997. Owing to a complex ratification
process, it entered into force on 16 February 2005. Currently, there are 192 Parties to
the Kyoto Protocol.
• In short, the Kyoto Protocol operationalizes the United Nations Framework
Convention on Climate Change by committing industrialized countries and
economies in transition to limit and reduce greenhouse gases (GHG) emissions in
accordance with agreed individual targets. The Convention itself only asks those
countries to adopt policies and measures on mitigation and to report periodically.
• The Kyoto Protocol is based on the principles and provisions of the Convention and
follows its annex-based structure. It only binds developed countries, and places a
heavier burden on them under the principle of “common but differentiated
responsibility and respective capabilities”, because it recognizes that they are
largely responsible for the current high levels of GHG emissions in the atmosphere.
• In its Annex B, the Kyoto Protocol sets binding emission reduction targets for
37 industrialized countries and economies in transition and the European Union.
Overall, these targets add up to an average 5 per cent emission reduction compared
to 1990 levels over the five year period 2008–2012 (the first commitment period).

51. • Under the Protocol, countries must meet their targets primarily through national
measures. However, the Protocol also offers them an additional means to meet their
targets by way of three market-based mechanisms:
• International Emissions Trading
• Clean Development Mechanism (CDM)
• Joint implementation (JI)
• The Kyoto Protocol also established a rigorous monitoring, review and verification
system, as well as a compliance system to ensure transparency and hold Parties to
account. Under the Protocol, countries' actual emissions have to be monitored and
precise records have to be kept of the trades carried out.
• Registry systems track and record transactions by Parties under the mechanisms. The
UN Climate Change Secretariat, based in Bonn, Germany, keeps an international
transaction log to verify that transactions are consistent with the rules of the Protocol.
• Reporting is done by Parties by submitting annual emission inventories and national
reports under the Protocol at regular intervals.
• A compliance system ensures that Parties are meeting their commitments and helps
them to meet their commitments if they have problems doing so.

52. • Emissions trading, as set out in Article 17 of the Kyoto Protocol, allows countries
that have emission units to spare - emissions permitted them but not "used" - to sell
this excess capacity to countries that are over their targets.
Thus, a new commodity was created in the form of emission reductions or removals.
Since carbon dioxide is the principal greenhouse gas, people speak simply of trading
in carbon. Carbon is now tracked and traded like any other commodity. This is known
as the "carbon market.“
• The Clean Development Mechanism (CDM), defined in Article 12 of the Protocol,
allows a country with an emission-reduction or emission-limitation commitment
under the Kyoto Protocol (Annex B Party) to implement an emission-reduction project
in developing countries. Such projects can earn saleable certified emission reduction
(CER) credits, each equivalent to one tonne of CO2, which can be counted towards
meeting Kyoto targets.
• The mechanism known as "joint implementation", defined in Article 6 of the
Kyoto Protocol, allows a country with an emission reduction or limitation
commitment under the Kyoto Protocol (Annex B Party) to earn emission reduction
units (ERUs) from an emission-reduction or emission removal project in another
Annex B Party, each equivalent to one tonne of CO2, which can be counted towards
meeting its Kyoto target.

53. DOHA AMENDMENT
• In Doha, Qatar, on 8 December 2012, the Doha Amendment to the Kyoto Protocol was
adopted for a second commitment period, starting in 2013 and lasting until 2020.
• As of 28 October 2020, 147 Parties deposited their instrument of acceptance, therefore
the threshold of 144 instruments of acceptance for entry into force of the Doha
Amendment was achieved. The amendment entered into force on 31 December 2020.
• The amendment includes:
• New commitments for Annex I Parties to the Kyoto Protocol who agreed to take
on commitments in a second commitment period from 1 January 2013 to 31
December 2020;
• A revised list of GHG to be reported on by Parties in the second commitment
period; and
• During the first commitment period, 37 industrialized countries and economies in
transition and the European Community committed to reduce GHG emissions to
an average of five percent against 1990 levels. During the second commitment
period, Parties committed to reduce GHG emissions by at least 18 percent below
1990 levels in the eight-year period from 2013 to 2020; however, the composition
of Parties in the second commitment period is different from the first.

54. • The Montreal Protocol on Substances that Deplete the Ozone Layer is a global agreement
to protect the Earth’s ozone layer by phasing out the chemicals that deplete it.
• This phase-out plan includes both the production and consumption of ozone-depleting
substances.
• The landmark agreement was signed in 1987 and entered into force in 1989.
• It is the first treaty in the history of the United Nations to achieve universal ratification.
• It is also considered by many experts as the most successful environmental global action.
• Montreal Protocol regulates the production and consumption of nearly 100 man-made
chemicals referred to as ozone depleting substances (ODS).
• When released to the atmosphere, those chemicals damage the stratospheric ozone layer.
• Common But Differentiated Responsibilities (CBDR): The Montreal Protocol phases down
the consumption and production of the different ODS in a step-wise manner, with different
timetables for developed and developing countries.
• Though both developing and developed countries have equal but differentiated
responsibilities, but most importantly, both groups of countries have binding, time-targeted
and measurable commitments.

55. • The Cancun Agreements are a set of significant decisions by the international
community to address the long-term challenge of climate change collectively and
comprehensively over time and to take concrete action now to speed up the global
response.
• The agreements, reached on December 11 in Cancun, Mexico, at the 2010 United Nations
Climate Change Conference represent key steps forward in capturing plans to reduce
greenhouse gas emissions and to help developing nations protect themselves from
climate impacts and build their own sustainable futures.
• MAIN OBJECTIVES OF THE AGREEMENTS
• establish clear objectives for reducing human-generated greenhouse gas emissions over time
to keep the global average temperature rise below two degrees
• encourage the participation of all countries in reducing these emissions, in accordance with
each country’s different responsibilities and capabilities to do so
• ensure the international transparency of the actions
• mobilize the development and transfer of clean technology to boost efforts to address climate
change, getting it to the right place at the right time and for the best effect
• mobilize and provide scaled-up funds in the short and long term to enable developing
countries to take greater and effective action
• establish effective institutions and systems which will ensure these objectives are implemented
successfully

56. • SIGNIFICANCE OF THE KEY AGREEMENTS REACHED AT CANCUN
• they form the basis for the largest collective effort the world has ever
seen to reduce emissions, in a mutually accountable way, with national
plans captured formally at international level under the banner of the
United Nations Framework Convention on Climate Change.
• they include the most comprehensive package ever agreed by
Governments to help developing nations deal with climate change.
This encompasses finance, technology and capacity-building support to
help them meet urgent needs to adapt to climate change and to speed
up their plans to adopt sustainable paths to low emission economies
which can also resist the negative impacts of climate change.
• they include a timely schedule for nations under the Climate Change
Convention to review the progress they make towards their
expressed objective of keeping the average global temperature rise
below two degrees Celsius

57. Conference of the Parties (COP)
•
The COP is the supreme decision-making body of the Convention. All States that are Parties to the
Convention are represented at the COP.
• they review the implementation of the Convention and any other legal instruments that the COP adopts
and take decisions necessary to promote the effective implementation of the Convention, including
institutional and administrative arrangements.
• A key task for the COP is to review the national communications and emission inventories submitted by
Parties. Based on this information, the COP assesses the effects of the measures taken by Parties and the
progress made in achieving the ultimate objective of the Convention.
• The COP meets every year, unless the Parties decide otherwise.
• The first COP meeting was held in Berlin, Germany in March, 1995.
• COP Presidency rotates among the five recognized UN regions - that is, Africa, Asia, Latin America and the
Caribbean, Central and Eastern Europe and Western Europe and Others – there is a tendency for the venue
of the COP to also shift among these groups.
• The agreement talks about 20/20/20 targets, i.e.
1.Carbon Dioxide emissions reductions by 20%,
2.Work on increasing the renewable energy market share by 20%
3.Target to increase energy efficiency by 20%

58. PariS
France
COP 21 Paris Climate Change Conference - Nov
ember 2015
Lima,
Peru
COP 20 Lima Climate Change Conference - Dece
mber 2014
Warsaw,
Poland
COP 19 Warsaw Climate Change Conference - N
ovember 2013
Doha,
Qatar
COP 18 Doha Climate Change Conference - Nov
ember 2012
Durban,
South Africa
COP 17 Durban Climate Change Conference - N
ovember 2011
Cancun,
Mexico
COP 16 Cancún Climate Change Conference - N
ovember 2010
Copenhagen,
Denmark
COP 15 Copenhagen Climate Change Conferenc
e - December 2009
Poznan,
Poland
COP 14 Poznan Climate Change Conference - D
ecember 2008
Bali,
Indonesia
COP 13 Bali Climate Change Conference - Dece
mber 2007

59. Sharm el-Sheikh,
Egypt
COP 27 Sharm el-Sheikh Climate Change Conference - Novembe
r 2022
Glasgow,
United Kingdom of Great Britain and Northern Ireland
COP 26 Glasgow Climate Change Conference – October-Novembe
r 2021
Madrid,
Spain
COP 25 UN Climate Change Conference - December 2019
Katowice,
Poland
COP 24 Katowice Climate Change Conference – December 2018
Bonn,
Germany
COP 23 UN Climate Change Conference - November 2017
Marrakech,
Morocco
COP 22 Marrakech Climate Change Conference - November 2016

60. • The Paris Agreement mobilizes the Parties to the Convention in taking action to decrease
greenhouse gas emissions with an agreed-upon goal of staying below a global average
temperature increase of 2° Celsius (3.6° Fahrenheit) above pre-industrial levels.
• This is a challenging goal; the Fifth Assessment Report of the Intergovernmental Panel on
Climate Change (IPCC), published in 2013/2014, stated that the global average temperature
had already risen .85°C between 1880 and 2012, and that the past three decades had been
successively warmer than any others since 1850.
• This apparent warming trend, which is expected to continue, highlights the difficulty of staying
below a 2° rise. However, many argue that the 2° limit is not ambitious enough – that there will
be dangerous global consequences of a temperature rise of even that much. The agreement
encourages participating Parties to strive to stay below a 1.5° increase.
• The Paris Agreement requires each Party to publish an action plan of Intended Nationally
Determined Contributions reflecting the Party’s ambitions to comply with the UNFCCC’s
objective to reduce greenhouse gas emissions. Their progress will be reviewed and evaluated
every five years.
• The Paris Agreement Signature Ceremony on 22 April 2016 set a record for first-day signatures
of support to an international agreement with 175 Parties signing. The Agreement entered into
force on 4 November.

61. • Implementation of the Paris Agreement requires economic and social
transformation, based on the best available science.
• The Paris Agreement works on a 5- year cycle of increasingly ambitious
climate action carried out by countries. By 2020, countries submit their
plans for climate action known as nationally determined contributions
(NDCs).
• The Paris Agreement provides a framework for financial, technical and
capacity building support to those countries who need it.
• Finance
• The Paris Agreement reaffirms that developed countries should take the
lead in providing financial assistance to countries that are less endowed
and more vulnerable, while for the first time also encouraging voluntary
contributions by other Parties.

62. • Technology
• The Paris Agreement speaks of the vision of fully realizing technology
development and transfer for both improving resilience to climate change
and reducing GHG emissions. It establishes a technology framework to
provide overarching guidance to the well-functioning Technology Mechanism.
• Capacity-Building
• Not all developing countries have sufficient capacities to deal with many of
the challenges brought by climate change. As a result, the Paris Agreement
places great emphasis on climate-related capacity-building for developing
countries and requests all developed countries to enhance support for
capacity-building actions in developing countries.

63. • With the Paris Agreement, countries established an enhanced transparency
framework (ETF). Under ETF, starting in 2024, countries will report transparently on
actions taken and progress in climate change mitigation, adaptation measures and
support provided or received. It also provides for international procedures for the
review of the submitted reports.
• The information gathered through the ETF will feed into the Global stock take which
will assess the collective progress towards the long-term climate goals.
• This will lead to recommendations for countries to set more ambitious plans in the
next round.
• Although climate change action needs to be massively increased to achieve the goals
of the Paris Agreement, the years since its entry into force have already sparked low-
carbon solutions and new markets.
• More and more countries, regions, cities and companies are establishing carbon
neutrality targets. Zero-carbon solutions are becoming competitive across economic
sectors representing 25% of emissions. This trend is most noticeable in the power and
transport sectors and has created many new business opportunities for early movers.

64. • Climate Ambition Summit 2020
1. The United Nations, France, United Kingdom in partnership with Italy and Chile hosted the Climate Ambition
Summit 2020 in Glasgow Scotland to mark the 5th Anniversary of the Paris Agreement.
2. The Summit provided a meaningful platform for businesses, cities and other non-state actors who are rallying
together and collaborating to support governments and accelerate the systemic change required to reduce
emissions and build resilience.
3. The objective of the Climate Ambition Summit was to set out new and ambitious commitments under the
three pillars of the Paris Agreement that are mitigation, adaptation and finance commitments.
• Status of Global Emission After 5 years of the Paris Agreement
• All the states have submitted their national contributions to mitigate and adapt to climate change after 5
years of the agreement –
• China has the highest GHG emissions (30%) while the US contributes 13.5% and the EU 8.7%. Earlier the
emission status was like (China at 13% while, the US had the highest emissions at 25%, followed by EU at 22%).
• Besides India, only Bhutan, the Philippines, Costa Rica, Ethiopia, Morocco, and Gambia complied with the Paris
Climate Accord.
• The contributions are radically insufficient to reach the well below the 2° Celsius limit and are even further
from the 1.5° Celsius limit given in the Paris Agreement

65. • India’s Status of Current Emissions –
• A United Nations report released earlier this year stated that India’s per
capita emissions are actually 60% lower than the global average.
• The emissions in the country grew 1.4% in 2019, much lower than its
average of 3.3% per year over the last decade.
• Some of the Measures taken by India to Control Emissions:
• National Solar Mission: It is a major initiative of the Government of India and State
Governments to promote ecologically sustainable growth while addressing India’s
energy security challenge.
• Bharat Stage (BS) VI norms: These are emission control standards put in place by
the government to keep a check on air pollution.
• National Wind-Solar Hybrid Policy 2018: The main objective of the policy is to
provide a framework for the promotion of large grid-connected wind-solar
photovoltaic (PV) hybrid systems for optimal and efficient utilization of wind and
solar resources, transmission infrastructure and land.
• All these and many other initiatives helped India in cutting CO2 emissions by 164
million kg.

66. • What is Article 6 of the Paris Agreement?
1. Help Governments establish and implement Nationally Determined Contributions (NDC)
2. Help establish a global price of carbon
3. The use of establishing a global price in Carbon is that if countries exceed their NDC, those countries will
have to bear the cost of global warming.
• India at COP 21
1. India put out a statement that we need to grow rapidly to meet the aspiration of 1.25 Billion population,
and out of this 300 Million people are without access to energy.
2. Yet despite the growing demands, India has pledged to reduce emissions intensity per unit GDP by 33-35%
of 2005 levels
3. Aiming to reach 40% of installed capacity from non-fossil fuels.
4. Targeting 175 GW of renewable energy generation by 2022.
5. Planning to enlarge forest cover to absorb 2.5 Billion tonnes worth of carbon dioxide.
6. Reducing dependence on fossil fuels through levies and reduction in subsidies.
7. India exhorted on the principles of equity and differentiated responsibilities
8. India expects developed countries to mobilize 100 billion US dollars annually by 2020 for mitigation and
adaptation in developing countries.

67. KYOTO PROTOCOL
• DOHA AMENDMENT
• MONTREAL AMENDMENT
• COPENHAGEN CONVENTION COP 15
• Bali Road Map COP 13. The Cancun Agreements. The Doha
Climate Gateway. Outcomes of the Durban Conference.
Outcomes of the Warsaw Conference.