International Environmental Law

Introduction:

The term Environment has several meanings and definition, through the passage of time this meaning remains the same, environment nothing but the conditions or circumstances which exist in a surrounding or place consist of the elements required for survival. Human being at the top of the food chain holds absolute authority over the complete environment. Throughout history, humans have colonized, invented, established themselves to evolve and adapt to the harsh wilderness. The environment means the air, water, the land also includes biotic and abiotic beings under them, all the factors are connected and affects the action of others. The environment is basically a collection of all complex beings and elements forming a Cycle of Life with a perpetual standing acting as a source to all.

Human beings not only stand at the peak of the food chain but also learned to harness the environment as per their needs and desire. For example, the land is used to colonize people, from the same land various kinds of rock is extracted to build, water is the source of life but it can be used in different things as well. Now we as a human race already went beyond horizon deep into space to search for answers. All these achievements and development for sure made us an advance race.

By the end of the 19th century, the industrial revolution came into existence various new methods established for extreme extraction of usage. These practices, later on, attracted lots of advancement in the overall living of the society; distances of days now covered in an hour. These signs of progress were at their peak. As Dr Albert Einstein quoted “MATTER CANNOT BE CREATED NOR DESTROYED IT CAN ONLY BE CHANGED FROM ONE FORM TO ANOTHER”, same goes to the procurement of resources when we created something from anything, we also lose something from that process. To build furniture we procured woods, wood comes from trees, trees already working on their part of maintaining oxygen level in the air, thus deforestation might have created furniture but at the cost of breathable air.

As the time flew by, in the 20^th century when a drastic change in the surrounding was observed due to extreme production methods for meeting the needs of all, the environmental as a whole brutally deteriorated which was evident and could be seen, many species of the animal kingdom went extinct and some of them are on the verge of extinction, same goes for abiotic life on land and in water both started losing it all. Considering the long-term harmful impact, it was observed by few that not only resources are getting scarce but the global warming and pollution will act as a catalyst, in turn, will destroy every living being.

20^th Century World

Few theories were established and countless debates were held after long-held arguments few experiments proved that greenhouse gases exist and this will increase the global temperature of the Earth[1]. Various experts in the field of environment such as seismology, geology, climatology etc, came up to the conclusion that earth is being deteriorated by extensive exploitation of resources with no limitation and restrictions. Through advancement, computers came into existence which provided far more quickly and better outcome of the research and experiments, with the help of digital machines major problem was discovered in the decade 1960s which was termed as SMOG, smog is a combination of smoke and fog fused together forming a dangerous gas having long term damage on the body[2]. In the year 1965, the president of the United States of America observed that the air in the lower atmosphere is becoming heavier because of Co2 caused by fossil fuel emission leading to harmful effects.

Wind of Change

Many countries released their fair share of mistakes through which in the end they were depriving themselves the right to a free and healthy environment. The matter of destruction of the environment took the top priority by the United Nation. In the year 1968, Sweden came up with the proposal of conducting an international conference to focus on the issue of human behaviour and the environment with the UNITED NATIONS ECONOMIC AND SOCIAL COUNCIL.

The idea was appreciated and it was planned accordingly. In the year 1972 from June 5 to June 16 in Stockholm, the most important and crucial conference conducted by the United Nations on the issues of environmental protection, preservation and management. 113 countries participated in that conference which includes India, various complication arose but in the end, with 109 approvals 26 fundamental principles came into existence which must be followed also known as “STOCKHOLM DECLARATION”[3]. These principles were the set rule of the land on every corner of the earth which is must to follow. This conference was the inception of the new era, international environmental law came to limit the damage. The journey was a long one as there have been various Intra nation agreements paralleled with the laws to protect the same.

After the 20^th anniversary and success of 1972 conference, In the year 1992 from June 3 to 14 in Rio de Janeiro, United Nations conducted another conference on environmental development also known as “Earth Summit” with the objective of improving the biological diversity. 179 countries participated which consisted of various scientist, activist, representative, this showed the massive efforts one vision towards a goal of socio-economic development. The “Rio declaration” with 27 principles pointed out agenda on a broader scale with a goal in mind of international coordination and cooperation between nations for balancing growth, social, economical and environmental concern of the 21^st century with new methods of the sustainable economy along with preserving environment[4].

These two international conferences head out for the scope of improving the global condition, being realized every country was playing their role to protect, sustain, develop various new methods for preventing pollution. United Nation held various conferences time after time to gather the progress of preventing the undoable.

On United Nation General Assembly held a 5-year review in New York 1997 from June 23 to 27, to analyse the progress of Rio declaration. It was a special session taken up for brief analysis of Earth summit with an attempt to resolve the issue faced while implementing the principles by the nations. In the year 1997 on 11th December, another event having great relevance took place; a framework was established for climate change by the United Nations Convention. The sole objective of the Kyoto Protocol was to ensure limited emission of greenhouse gases by the countries, an international treaty with 84 signatories accepted the framework limit to control the emission of Greenhouse gases (GHG)[5].

The year Y2K, with new millennium new goals were established by the United Nation in New York. These goals were set out to control the deterioration of the environment along with the eradication of poverty. This conference was the largest gathering ever had 189 countries, consisted of the head of the states and government of all time[6]. The Conference was also known as the “Millennium Declaration” which set out 8 goals with the objective of control and eradication.

These conventions played a major role in environmental protection, time after time the United Nation conducted Conference to ensure proper regulation on guidelines. Several conventions are as follows:

1. Johannesburg, 2020. 26^th August to 4^th September[7].
2. World Summit, New York, 2005. 14^th to 16^th September[8].
3. Half Time Review, New York, 2008. 22^nd to 25^th September[9].
4. Millennium Development Goals Summit, New York, 2010. 20^th to 22^nd September[10].
5. Rio+20, Rio De Janeiro, 2012. 20^th to 22^nd June. (building on Millennium Development Goals).
6. Achievement of Millennium Development Goals, New York, 2013. 25^th September.
7. Summit on Sustainable Development, New York,2015.  25^th to 27^th September.

So far, the above mention conventions conducted by United Nations focuses on protection, prevention and to control the ecological loss along with the growth of every individual.

International Law and India

“Environment” 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, micro-organism and property”[11]. India was one of the participants in the Stockholm convention of environment protection, Indian duly accepted the Declaration and the 26 principles to the protection of the environment. In the year 1976, 42^nd constitutional amendment made a lot of changes in the constitution, one of them was related to environmental protection new article came into existence under directive principles or part 4 under constitution[12]. It is the responsibility of every citizen to protect, conserve and promote environmental protection in any form, State is equally under obligation to protect the environment from damage.

Conclusion

The International Environmental Laws are improving with the help of associated nations who tend to improve their practice with efficient approach having optimum utilisation of resources. The core objective is to achieve global preservation of each and every place on earth.

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References:

[1] “The Carbon Dioxide Greenhouse Effect”. The Discovery of Global Warming

[2]Paul R Elhrich “The Population Bomb”

[3] Stockholm declaration 1972

[4] Rio declaration 1992

[5] Kyoto Protocol Treaty

[6] Report of the Fifty Fifth president of General assembly.

[7] Political declaration and implementation plan.

[8] World leaders pledge wide-ranging steps

[9] High-level meeting on the Millennium Development Goals

[10] Strategy for Women’s and Children’s Health

[11] Environment (Protection) Act, 1986 Sec. 2 (1)

[12] Constitution of India Art. 41A, 51 A(G)