Law and NR- PSNR

1. Law and Natural Resources
An Introduction

2. INTRODUCTION
Providing a decent life and well-being for nearly 10 billion people by 2050, without
further compromising the ecological limits of our planet and its benefits, is one of
the most serious challenges and responsibilities humanity has ever faced.
[Global Environmental Outlook (GEO6), Chapter 1, Page 4]

3. • Likely continued population growth for the rest of the 21st century,
especially in currently less-developed areas of the world;
• People increasingly crowding into growing urban areas;
• Air and water pollution contributing to risks to ecosystems and human
health;
• Ongoing species extinction and continued loss of biodiversity;
• Growing demand for increasingly scarce energy and water resources;
• Continued increases in emissions of greenhouse gases (GHGs); and
• Steady ongoing climate change, along with predictions of warming
oceans, shrinking Arctic ice cover, existential threats to island nations,
changes in weather patterns, and greater incidence of extreme weather
events such as flooding, droughts, heatwaves, hurricanes, and
cyclones.

4. Natural Resources Law manages Earth's resources, balancing economic
growth with environmental preservation, and ensures equitable and
responsible use.
Environmental protection has become an international responsibility,
with various scientific publications, policy statements, and declarations
addressing environmental issues. The historical evolution from a time
when humans lived in harmony with nature to the present, where
environmental challenges like pollution and waste disposal have become
paramount.

5. THE NEED FOR ENVIRONMENTAL LAW GOVERNING
NATURAL RESOURCES
• Human activities inflict irreversible harm on nature, leading to
phenomena like climate change and global warming.
• Necessity of environmental law as a means to regulate present
activities to prevent catastrophic future consequences

6. BASIC PRINCIPLES GOVERNING INTERNATIONAL
LAW ON NATURAL RESOURCES

7. • Sovereignty
• Sustainable Development
• Equitable and Reasonable Utilization
• Precautionary Principle
• Common but Differentiated Responsibilities (CBDR):
• Prevention of Transboundary Harm
• Principle of Cooperation
• Public Participation and Access to Information

8. 1. Sovereignty: Nations can exploit natural resources but not harm other states.
2. Sustainable Development: Balance environmental protection with economic and social development, meeting current
needs without compromising future generations.
3. Equitable and Reasonable Utilization: Use shared resources fairly and reasonably, without harming other states.
4. Precautionary Principle: Take action to prevent environmental harm even without scientific certainty. The burden of proof
is on those who cause suspected harm.
5. Common but Differentiated Responsibilities (CBDR): International environmental agreements acknowledge different
capabilities and responsibilities of developed and developing countries in addressing environmental degradation.
6. Prevention of Transboundary Harm: States are obligated to prevent, reduce, and control the risk of environmental harm
to other states or areas beyond national jurisdiction, particularly when dealing with hazardous activities and resources.
7. Principle of Cooperation: States should cooperate in good faith to manage shared resources, resolve disputes amicably,
and work towards common environmental goals.
8. Public Participation and Access to Information: This principle encourages the involvement of the public in decision-
making processes related to natural resources and ensures transparency and access to relevant information.

9. SOVEREIGNTY OVER NATURAL RESOURCES
AND SUSTAINABLE DEVELOPMENT

10. 1.UN Environmental Programme (UNEP):
• Established in 1972, it marked a significant step in global
environmental jurisprudence.
• Introduced Earth Watch for environmental assessment,
management, and support measures.
2.Intergenerational Justice and the Brundtland Report:
• Introduced the concept of sustainable development, emphasizing
the balance of meeting present needs without compromising future
generations.
• This concept became central to discussions on global governance
and development.

11. 3. Rise of Environmental Jurisprudence:
• Sustainable development has led to the growth of environmental
law and the 'greening' of international law.
• However, there are contradictions in this approach due to the
complexities of late capitalism and market civilization.
4. State Law and Social Movements:
• There is a tension between state law and alternative visions of
sustainable development offered by social movements.
• The dominance of state law often prevails over these alternative
visions.

12. 5. Critical Perspectives:
• There is a recognition of the limitations and contradictions of
existing legal regimes in dealing with environmental and climate
challenges.
• The text suggests that the complexity and uncertainty of
environmental changes are not adequately addressed by linear and
gradual approaches in international environmental law.

13. 6. Permanent Sovereignty over Natural Resources (PSNR) Declaration:
The PSNR Declaration is a critical document in international law, arising from anti-
colonial struggles and marking a shift from European-centric to universal law
norms. It establishes the rights of peoples and nations over their natural resources
and sets principles for their use, development, and international cooperation.
7. Property Rights and PSNR:
The PSNR's concept of sovereignty over natural resources raises complex questions
about the ownership of these resources, whether they belong to the state, its people,
or humanity as a whole. Different perspectives exist on this, reflecting the diverse
interests of states, peoples, and multinational corporations.

14. 8. Sustainable Development (SD) as a Broad Concept:
SD encompasses a wide range of fields like agriculture, biodiversity, and urbanization. It requires a
balance between development and conservation and acknowledges the finite nature of natural resources.
The concept has led to the proliferation of disciplines and subdisciplines in environmental studies.
9. Precautionary Principle in Environmental Law:
The Rio Declaration's Principle 15 introduced the precautionary principle, emphasizing the need for
proactive measures in environmental protection even in the absence of full scientific certainty. This
principle, while influential, faces challenges in its application due to its indeterminate nature.
10. State Obligations in Environmental International Law:
The chapter also touches on the obligations of states in environmental law, focusing on the
prevention of transboundary harm and the need for cooperation and impact assessments for
hazardous activities.

15. International Institutional framework for
governance of Natural Resources
1. United Nations Organization
• United Nations Environment Programme (UNEP)
• Food and Agriculture Organization (FAO)
• United Nations Development Programme (UNDP
• United Nations Framework Convention on Climate Change (UNFCCC)
2. World Trade Organization(WTO)
3. Global Environmental Conventions/Declarations/Agreement
4. Dispute resolution mechanisms-International/Regional

16. Important Laws and Institutions in Sri Lanka
1978 Constitution of Sri Lanka
• Directive Principles of State Policy.
• Article 27 (14) states that “[t]he State shall protect,
• preserve and improve the environment for the
• benefit of the community.”.
• Article 28 entitled “Fundamental Duties” states that every person in Sri Lanka must, among other things,
protect nature and conserve its riches.
• Not enforceable
• Public Trust Doctrines
• Public interest litigation

17. Environmental Rights in our Constitution
• Missing in our Constitution
• No right to life
• No right to a clean and healthy environment
• Right to information can be one resort for this issue

18. • Rights rights-based approach has given some rays of hope.
• Through the interpretation of Article 12
• Rights-based approach
• Eppawela Case
• Gall Face Green case

19. Other Laws
• Pollution control
• Wildlife protection
• Agricultural resources and plant protection
• Forests and Protected Areas
• Fisheries, Marine issues and Coastal issues
• Cultural and Natural Heritage
• Mines and Minerals
• Fauna and Flora
• Water Resources and many other laws

20. Umbrella Law
• National Environmental Act as amended.
• Regulations under this Act.
• This includes the institutional framework of Central Environmental
Authority

21. INSTITUTIONAL FRAMEWORK
• Department of Wildlife Conservation
• Forest Department
• Coast Conservation Department
• Marine Environment Protection Authority (MEPA)

22. Thank you