Law, Policies and Conventions
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This presentation explains the basic but important differences between the three popular still confusing terms i.e. law, policies and conventions. Definitions of the terms along with few basic life and common examples are also explained.
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Law, Policies and Conventions
- 2. ENVIRONMENTAL POLICIES, LAWS & INTERNATIONAL CONVENTIONS
- 4. EVOLUTION OF THE ENVIRONMENTAL LAW • Scientific knowledge and the development of sophisticated detection instruments. These instruments are able to detect the presence of a pollutant in parts per billion. • Stockholm Conference, 1972 – “Are not poverty and need the greatest polluters?...How can we speak to those who live in villages and slums about keeping the oceans, the rivers and the air clean when their own lives are contaminated at the source?” • Bhopal gas tragedy (December 2, 1984). • Rio Conference, 1992
- 5. 70’s THE ENVIRONMENTAL DECADE Three books inspired the environmental awareness: • 1. Silent Spring; by Rachel Carson.(1962) • 2. The Population Bomb; by Paul Ehrlich(1968) • 3. The Closing Circle; by Barry Commoners(1971)
- 6. CONVENTIONS
- 8. General Principles and Rules • Permanent Sovereignty over Natural Resources • Precautionary Principle • Sustainable Development
- 9. Permanent Sovereignty over Natural Resources • States’ sovereign right to exploit natural resources and the duty not to cause transboundary environmental damage • But these resources should be utilized on national level. • Whereas the State in which a natural resource is located benefits immensely from this value, natural resources are considered national assets.
- 10. General Principles and Rules • Permanent Sovereignty over Natural Resources • Precautionary Principle • Sustainable Development
- 11. Sustainable Development • The need to preserve natural resources for the benefit of future generations (the principle of inter-generational equity) • the aim of exploiting natural resources in a manner which is ‘sustainable’, or ‘prudent’, or ‘rational’, or ‘wise’, or ‘appropriate’ (the principle of sustainable use)
- 12. • the ‘equitable’ use of natural resources , which implies that use by one state must take account of the needs of other states (the principle of equitable use, or intra-generational equity) • the need to ensure that environmental considerations are integrated into economic and other development plans, programs and projects, and that development needs are taken into account in applying environmental objectives (the principle of integration)
- 14. • System of regulations –made to govern people –to help them in their conduct according to the of the society –to maintain public order –to guide and protect people
- 15. • Generic term • Law states what needs to be followed clearly and shortly • Already established • Pertain to specific situations and circumstances • Act is more descriptive as it contains all the necessary information to enforce a law • Until an Act is passed by the parliament it is known as a Bill LAW ACT
- 16. POLLUTION CONTROL LAWS Water pollution Act (1974) Air pollution Act (1981) Environment Protection Act (1986) Noise pollution Act (2000) Hazardous substances and organisms Act (1989) Ozone depleting substance Act (2000)
- 17. CONSERVATION RELATED LAWS Indian Forest Act, 1927 Wildlife Protection Act, 1973 Forest Conservation Act,1980 Biosafety and Recombinant DNA Guidelines (1989) Joint Forest Management Circular (1990) Coastal Regulation Zone notification (1991) Aquaculture Authority notification (1997) Biological Diversity Act, 2002
- 19. • A policy is a board guideline for planners and administrators • Through a policy we can precisely identify the problems; fix priority to form alternative approaches and solutions. • Policies are made by individuals, groups, companies, and even governments to carry out their plans. • Policies are unwritten laws that have to be followed in letter and spirit by the employees of an organization.
- 23. CONVENTIONS
- 24. • A convention is a set of agreed, stipulated, or generally accepted standards, norms, social norms, or criteria, often taking the form of a custom. • unwritten customs shared throughout a community. • Laws and regulatory legislations may be introduced to formalize or enforce the convention. • Conventions are adopted by international bodies. Conventions so adopted usually apply only to countries that ratify them, and do not automatically apply to member states of such bodies. • These conventions are generally seen as having the force of international treaties for the ratifying countries.
- 26. HOMEWORK/ASSIGNMENT • What are the different international conventions on environment and wild life which India is party of (list them with year and main aim)?
Editor's Notes
- Stockholm-SWEDEN
- Polluter pays principle
- Four recurring themes (Philippe Sands)
- Also, when commonly referring to the rules and regulation of a country we use the term law. However, when we want to discuss deeply about the subject matter we have to refer to the Act. Until an Act is passed by the parliament, it cannot become a law. Until it is passed by the parliament, an Act is known as a Bill. Law is always known as law, because it is something that is already established.
- It lays down the general objectives and its execution is left to the administrators.
- for example, the manner in which people greet each other, such as by shaking each other's hands) In physical sciences, numerical values (such as constants, quantities, or scales of measurement) are called conventional if they do not represent a measured property of nature, but originate in a convention, for example an average of many measurements, agreed between the scientists working with these values.