UNIT-I

ENVIRONMENTAL
LAW AND POLICY:
INTERNATIONAL
DEVELOPMENTS
 GENERAL MEANING OF
ENVIRONMENT AND ITS ORIGIN
 “Environment” --- French word ---’environner’ ---
meaning --- to surround or to encircle.
 Any material and spiritual aspects that influence a
living being’s growth, development, and continuance.
 As per Science --- Env. --- sum total of all conditions
and influences that affect the development and life of
organisms.
 Constitutes abiotic (non-living components of
ecosystem like soil, light, temperature, humidity, etc.)
and biotic components (living beings present in an
ecosystem
 like plants, animals, human beings, microorganisms,
etc.).
 Maurice F. Strong --- “In the Human
Environment it is necessary to include all elements,
both natural and man-made. It embraces urban and
rural poverty as well as the dangers of atmospheric
pollution. It includes the discovery and development
of natural resources as well as the efficient and
wasteful use of presently exploited resources. It
covers air, water and soil.”
 Justice P.N. Bhagwati --- “Env. refers to the
condition within and around an organism, which
affect the behaviour, growth and development or
life process, directly or indirectly”.
 Sec. 2(a) of Environment Protection Act,
1986 --- “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-organisms and
property”. --- Inclusive definition, not exhaustive.
 Encyclopedia Britannica, “Entire range of
external influence acting on an organism, both
physical and biological, that is, forces of nature
surrounding an individual”.
 SOURCES OF ENVIRONMANTAL LAW

 2 imp. Things ---- Common law developed by

courts through judicial decisions and the statute
law comprising of legislation, rules, regulations,
notifications and other forms of delegated
legislation.
 4 imp. Sources ---
a) Decisions of Court: Under Common law --- person
can sue for wrong of nuisance when any act endangers
his life, health, property, comfort, or obstructs his
rights of enjoyment common to all people.
 --- public or private nuisance .
--- Lord Denning --- in Attorney General v PYA
Quarries (1957) 2 QB 169 --- observed --- “public
nuisance is a nuisance that is so widespread in its
range or so indiscriminate in its effect that it is not
reasonable to expect one to take proceeding on his
responsibility to put a stop to it, but that should be
taken as the responsibility of the community at large”.
b) Juristic Personality and Locus Standi:
 --- Juristic personality --- a non-human legal entity
recognised by law and subject to the same rights and
obligations as an individual or human being.
--- Locus Standi --- the right or ability to bring
a legal action to a court of law by an individual whose
constitutional or legal right is infringed.
--- In Sierra Club v Mortan (1972) 405 US 727---
US Supreme Court --- best example for rendering locus
standi to environmental protection groups.
Here, construction of a ski resort in a valley ---
challenged by Sierra club --- ground --- it would
severely affect scenery, wildlife, wildlife, natural aw
well as historical objects --- destroy the beauty and
enjoyment of the valley --- future generations.
Court --- held --- did not constitute any injury
suffered by the club --- denied locus standi.
c) Public Interest Cases (to what extent judicial
activism played an active role): Recourse to judicial
proceedings --- costly exercise --- who suffers
substantial injuries from public nuisance.
In Boomer v Atlantic Cement Co. (1970) ---
plaintiff --- awarded damages for injury from cement
dusts emitted by the Co.
d) Statutes: It can declare a certain action or inaction
to be an offence --- also lays down deterrent sanctions
and effective remedies.
Ensures effective public participation in
environmental decision making processes.
 PRINCIPLES OF ENVIRONMENTAL LAW

 Sustainable Devt. :
• Doctrine --- known in 1972 in the Stockholm
Declaration --- stated --- “Man has the fundamental
right to freedom, equality and adequate conditions of
life, in an environment of a quality that permits a life
of dignity and well-being, and he bears a solemn
responsibility to protect and improve the
environment for present and future generation”.
• Devt. That meets the needs of present generation
without compromising on the needs of our future
generations to be able to meet their needs.
• Also codified ---- United Nations Framework
Convention on Climate Change, 1992
(UNFCCC) --- stated --- “The Parties should
protect the climate system for the benefit of
present and future generations of humankind, on the
basis of equity and in accordance with their common
but differentiated responsibilities and capabilities,
and developed country parties should take the lead
in combating climate change and the adverse effects
thereof”.
• Was given a definite form in a report called --- “Our
Common Future” --- prepared by World Commission
on Environment --- chaired by then Prime Minister,
Ms. G.H. Brundtland --- defined S.D. as --- “Devt.
That meets the needs of the present without
compromising the ability of the future generations to
meet their own needs”.
• Report --- popularly called ‘Brundtland Report’.
• Concept --- further discussed --- Agenda 21 of the
UN Conference on Environment and Development
--- held in June 1992 at Rio de Janeiro (Brazil).
• SC of India --- in N.D. Jayal v. Union of IndiaAIR
2004 SC 867 --- held --- the adherence to SD is a sine
qua non for the maintenance of the symbiotic
balance between the rights to environment and
development.
 Precautionary Principle:
• 1970s.
• Origin in German word Vorsorgeprinzip.
Principle 15 of Rio Declaration --- states --- In order
to protect the environment --- precautionary
approach --- widely applied by the States as per their
capabilities.
First mentioned in --- Vellore Citizens Welfare
Forum v. Union of India AIR 1996 SC 2715 --- where
SC of India referred to the Brundtland Report and
also other international reports.
 Polluter Pays Principle:
• If a person causes pollution, he or she is responsible
to clean it up and pay for it.
• Organisation for Economic Co-operation and
Development (OECD) --- allocating costs of pollution
prevention and control measures.
• Based on curative approach.
• India --- recognised --- landmark case --- Indian
Council for Enviro-Legal Action v. UOI AIR
1996 SC 1446 --- SC held --- The polluter pays
doctrine means --- absolute liability of harm to the
environment extends not only to compensate the
victims of pollution, but also to the cost of restoring
environmental degradation, and this is also a part of
SD.
 Public Trust Doctrine:
• Traced to the Roman Emperor, Justinian.
• Means --- State is under a duty to protect the natural
resources and that they cannot be converted into
private ownership.
• Doctrine --- 1st mentioned --- M.C. Mehta v.
Kamal Nath (1997)1 SCC 388 --- protection and
Preservation of natural resources.
 Intergenerational Equity:
• Recent origin.
• Means --- right of every generation to benefit from
the natural resources and from the cultural and
natural inheritance of past generations.
• Duty to preserve that heritage for future generations.
• Main aim --- ensure that the present generation
donot misuse the non-renewable resources in a way
that it deprives the future generation of its benefits.
Includes ---a) conservation of options
b)conservation of quality
c)conservation of access.

SUB SYSTEMS OF ENVIRONMENT:

 4 approaches:
1) First approach: Abiotic or physical components, biotic
components, energy components.
Abiotic includes lithosphere (soil surface of Earth),
hydrosphere (water surface of earth), and atmosphere 9air
surface of earth).
 Biotic environment --- animal and plant
components, micro-organic components.
Energy components --- solar energy and
geothermal energy.
2) Second approach: Includes ecosystem, ecology,
biosphere, preservation of biosphere, ozone layer.
Interdependence of living parts namely man,
animals and plants, and non-living parts like air,
water, soil, heat light, radiation, etc. makes an
ecosystem.
 Ecology is the science of the study of organisms in
relation to their environment --- also --- scientific study
of close relationship between living organisms and their
living and non-living surroundings.
Biosphere --- part of the earth’s surface and
atmosphere where living things are inhabited.
Preservation of biosphere --- for survival of human
species --- by setting aside sufficient representative of
biotic provinces --- biosphere reserves.
Ozone layer --- protection of biosphere from excess
ultra-violet radiation and powerful sunrays ---- avoid
use of nuclear weapons, nuclear wastages, use of carbon

monoxides, nitrogen oxides, etc.

3) Third approach: Includes urban environment, surface

environment (study of land surface, hills, deserts, etc.), aquatic

environment (study of rivers, lakes, ponds, etc.).

4) Fourth approach (Relations with other disciplines):

Economics (scientific devt., industrial establishments)/ Sociology

(all man-caused problems for their greed)/ Chemistry/ Physics

 Ecology

 Derived from 2 Greek words, “Oikos” meaning

household or place to live, or habitation, and “logos”
meaning study or discourse.
 Organism and its place of living, that is, “at home”.
 Ecology --- relation between organisms and their
environment.
 A study of ecosystem to determine how the creatures
are organised, how they interact among themselves
and how the total system functions.
 Study of organisms in relation to their environment.
 Henry David Thoreau --- American naturalist and
philosopher --- in 1857 --- 1st time --- used the term
‘ecology’ among other fields of biology and natural
history --- no definition of word ecology.
 1959 --- French Zoologist --- Isodore Geoffroy St.
Hiliare --- proposed term ‘ethology’ for --- study of
relations of organisms within the family and society
in the aggregate and in the community.
 Same time --- English naturalist --- St. George
Jackson --- coined the term ‘hexicology’ ---
 --- in 1894 --- study of relations which exist between
organisms and their environment”.
 German zoologist --- Ernst Haeckel --- 1st used the
word ‘oekologie’ --- in 1866 --- inter-relationship of
living organisms and their environment.
 Ernst Haeckel --- in 1866 --- defined ecology as ---
“body of knowledge concerning the economy of
nature, that is, the investigation of the total relations
of the animal to its inorganic and organic
environment”.
 Frederick Clements --- an American plant
ecologist --- in 1927 --- “Ecology is the science of
community”.
 A. M Woodbury --- an American ecologist and
zoologist --- in 1955 --- “ecology is the science which
investigates organisms in relation to their
environment ; a philosophy in which the world of life
is interpreted in terms of natural processes.”
 ECOSYSTEM

 First introduced by British ecologist Sir Arthur G.

Tanseley in 1935.
 Eco means ‘environment’, and system means ‘to its
various components’
 A single whole made up of many sub-systems like
population, communities and environment.
 Eugene Odum --- an American biologist --- in
1983 --- ecosystem is composed of genes, organs,
population and communities.
 Erach Bharucha --- in 2005 --- a wildlife
photographer --- defined ecosystem as --- “the living
community of plants and animals in any area
together with the non-living components of the
environment like soil, air and water constitute the
ecosystem”.
 BIOSPHERE

 Coined by geologist Eduard Suess in 1875 --- “the

place on earth’s surface where life dwells”.
 The biosphere’s ecological context comes from the
Russian scientist Vladimir Ivernadsky in 1921 ---
defined ecology as the science of the biosphere.
 Biosphere is an inter-disciplinary concept for
integrating of all life and earth sciences.
 BIOME

A climatic and geographically defined area of

ecologically similar communities of plants, animals
and soil organisms.
 Defined on factors like plant structures like shrubs,
trees and grasses, leaf types like broad leaf, plant
spacing like forest, woodland, etc. and other factors
like climate.
 Not defined by genetic, taxonomic or historical
similarities.
 Identified with certain patterns of ecological
succession and climax vegetation.
 ENVIRONMENTAL POLLUTION

 Pollution --- means --- contamination of

environment.
 Such contamination creates potential hazards to
health and well-being of living and non-living
organisms.
 Pollution --- unfavourable alteration of the
surroundings, through direct and indirect effects of
changes in energy patterns, radiation levels,
chemical and physical constitution and abundances
of organisms.
 Sec. 2 (b) of the Environment (Protection)
Act, 1986---- “Environmental pollutant --- means
any solid, liquid or gaseous substance present in
such concentration as may be, or tend to be,
injurious to environment”.
 Pollution --- all the ways and needs by which people
pollute the surroundings.
 Takes place by gases, smokes, chemicals, fertilizers,
pesticides, etc.
 Affects the natural composition of substances, food
chain, carbon cycle, nitrogen cycle, hydrogen cycle, oxygen
cycle --- damages plant and animal life (flora and fauna) ---
damage to property and buildings.

TYPES OF POLLUTION:
 Natural
 Man-made

1) Natural pollution:
 caused by earthquakes, flood, drought, cyclone,
forest fire, etc.
 Pollution due to earthquake --- Eg.: Air
pollution in the areas affected by the Great
Hanshin Earthquake in Hyogo (Japan) on
January 17, 1995, was quite serious. The alkaline
component in the dust from the debris in all the
devastated areas due to the earthquake was very
high.
Sichuan earthquake --- in China --- May 12,
2008 --- survivors --- poisoned by pollution --- and
harvests collapsed due to water and air contamination.
 17th August 1999 --- earthquake ---- struck
eastern part of Marmara region (Turkey) and the Izmit
Bay (Istanbul) --- marine pollution by increase in
quantity of chemicals --- fishes and mussels consumed
–-- died.
 Pollution by flood and cyclone: Includes
broken sewers, flooded industrial plants, floating
dead bodies, etc. --- likely to poison surface waters.
High levels of toxic nutrients and metals --- like
phosphorus that leach from building materials
 gets mixed with stagnated water --- threats to human
life --- also bacterial contamination in flood waters.
 Pollution by drought: Dry air --- toxic to plants
and animals --- health and environmental issues.
 Pollution by forest fire: includes soot (black
powdery and flaky substance), tar, unburned
materials and inorganic debris.
Gaseous and particulate pollutants ---- Highest
contributors of air pollution --- Affects physico-
chemical properties of atmosphere.
2) Man-made pollution:
 Caused due to human activities mainly.
 Eg. --- air pollution, land pollution, food pollution, noise
pollution, radio-active pollution, etc.

CAUSES OF POLLUTION/ ENVIRONMENTAL

DEGRADATION:
 Population growth
 Industrialisation ---- ozone depletion, global radiation, etc. ----
Bhopal Gas Leak Tragedy in 1984 in India (best
example) / Chernobyl Atomic Plant Radiation
disaster in Ukraine/ dropping of
atomic bomb at Hiroshima and Nagasaki
(Japan).
 Deforestation
 Urbanisation
 Agricultural devt.
 Science and technology
 Social dimensions --- greed of humans ---
dependency on more and more scientific inventions
and devts. --- illiteracy --- poverty and under-
development --- testing of nuclear weapons, etc.
 Economic dimensions of environment ---- increased
urbanisation --- quarrying and mining activities of
humans, etc.
 ENVIRONMENTAL CONSERVATION

 Anything done to protect our planet Earth and

conserve its natural resources so that every living
thing can have an improved quality of life.
 Practice of protecting the natural environment by
individuals, organisations and governments.
 Main aims:
1)to conserve natural resources and the existing
natural environment.
2) to repair damages already done to the
environment.
 Water conservation, soil conservation, wetland
(Wetlands are places where water covers the soil or is
present at, or close to the soil’s surface all year long,
or intermittently throughout the year, even during
the growing season.) conservation, energy
conservation, etc.
 EVOLUTION OF INTERNATIONAL ENVIRONMENTAL
LAW

“Too many people assume, generally without having given any

serious thought to its character or its history, that international law
is and always has been a sham. Others seem to think that it is a
force with inherent strength of its own, and that if only we had the
sense to set the lawyers to work to draft a comprehensive code for
the nations, we might live together in peace and all would be well
with the world. Whether the cynic or the sciolist is the less helpful is
hard to say, but both of them make the same mistake. They both
assume that international law is a subject on which anyone can
form his opinions intuitively, without taking the trouble, as one has
to do with other subjects, to inquire into the relevant facts”.
--- By James Leslie Brierly --- The
Outlook for International Law
 International Environmental Law --- its
meaning: Set of rules or norms governing
relationship between States with respect to
environmental issues and concerns.
 The environmental challenge --- The conditions
contributing to the emergence of international
environmental law are: environmental issues are
accompanied by a recognition that ecological
interdependence does not respect national
boundaries and that issues previously considered to
be matters of domestic concern have international
implications – at the bilateral, sub-regional, regional
or global levels – that can frequently only be
addressed by international law and regulation.
 Sources of international environmental law

Treaties:
 most frequently used source of international environmental law
 The 1980s and the 1990s --- witnessed a proliferation of
multilateral environmental agreements (MEAs).
 Between the Stockholm Conference, 1972 and the Rio Conference,
1992 --- several treaties --- 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).
 More than 100 MEAs
 the Chernobyl nuclear accident (1986)
 the Amoco Cadiz oil spill (1978)
 the Exxon Valdez oil spill (1989)
---- All the above incidents marked --- rapid
development of international environmental law.
 the Convention-Protocol approach
 Concrete obligations and actions --- laid down ---
agreements known as protocols.
 Eg:- general principles pertaining to the protection of
biodiversity are laid down under the Convention on
Biological Diversity, 1992.
Biosafety --- Cartagena Protocol on Biosafety, 2000
Benefit sharing --- Nagoya Protocol on Access to
Genetic Resources and the Fair and Equitable
Sharing of Benefits Arising from their Utilization,
2010
Climate change --- the United Nations Framework
Convention on Climate Change, 1992
Custom:
 Courts and tribunals at the international level ---
have recognised and used customary norms on
various occasions.
 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
Gabcikovo-Nagymaros case (Hungary v.
Slovakia) (1997)
 2 imp. Components --- 1) State practice (actual practice
followed by states)
2) opinio juris (whether the states
have considered it as their legal obligation to follow such
practice)

• General principles of law:

 development and expansion of international
environmental law.
 International courts and tribunals ---- relied ---- general
principles of national law in a number of cases.
 The Trail Smelter Arbitration (US v. Canada, 1941)
(landmark case on principle of transboundary harm
in IEL)--- best example --- environment related case where
in the general principle of national law was used.
 What happened in this case?
 In 1896 --- a smelter was started under American auspices
near the locality known as Trail in Canada , which was 7
miles away from the border of US..
 In 1906 --- the Consolidated Mining and Smelting Company
of Canada, Limited, obtained a charter of incorporation from
the Canadian authorities, and that company acquired the
smelter plant at Trail as it then existed.
 The Canadian Company ---- without interruption, has
operated the Smelter.
 From time to time has greatly added to the plant until it
has become one of the best and largest equipped smelting
plants on this continent.
 In 1925 and 1927, two stacks of the plant were erected to
409 feet in height and the Smelter greatly increased its
daily smelting of zinc and lead ores.
 Increased product resulted in more Sulphur dioxide fumes
and higher concentrations being emitted into the air -
causing damage in the State of Washington in the USA ---
the fertile land of Washington --- damaged.
 In 1927 --- the issue --- referred by USA and Canada ---
to an International Joint Commission (IJC) ---
which gave its report with respect to the damage caused
to the US upto January 01, 1932--- The Commission
reported the occurrence of damage and assessed it at
$3,50,000 upto 1930.
 Canadian Govt. agreed to pay to USA.
 2 years after this Report --- USA again made a
representation to Canada that damage was still occuring.
 Both USA and Canada referred the issue to arbitration
--- Commission awarded $78,000 as compendsation
in respect of damages caused between 1030 and 1937.
 4 imp. Issues raised in this case:
1)Whether damage caused by the Trail Smelter in
Washington had occurred since the first day of
January 1932, and if so, what indemnity should be
paid?
2)If yes, whether the Trail Smelter should be
required to refrain from causing damage in the State of
Washington in the future, and if so, to what extent?
3)In light of the answer to the preceding question,
what measures or regime, if any, should be adopted or
maintained by the Trail Smelter?
4)What indemnity or compensation, if any, should be paid
on account of any decision or decisions rendered by the
Tribunal pursuant to the 2 preceding questions?
 Tribunal --- held --- “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 use is of serious consequence and the
inquiry is established by clear and convincing
evidence”.
 In Gabcikovo-Nagymaros (Hungary v. Slovakia,
ICJ, 1997) --- the ICJ heavily relied on the work of the
International Law Commission on State responsibility
--- to determine whether Hungary’s action in stopping
the work of a dam as agreed under a treaty by citing
environmental reasons is justified under international
law and therefore does not result in liability under
international law.
 Case highlights --- precautionary principle in context
of continuing environment impact assessment.
 United States – Import Prohibition of Certain
Shrimp and Shrimp Products (1998) --- trade and
environment --- importance of environment
protection:
 US --- 1987 --- required all domestic shrimp trawl vessels
to use approved Turtle Excluder Devices (TEDs) in
specified areas --- significant mortality of sea turtles in
shrimp harvesting.
 Restriction was further modified to require use of
approved TEDs at all times and in all areas (even outside
USA) where there was likelihood that shrimp trawling
would interact with sea turtles.
 In 1991 --- US imposed an import ban on shrimp
harvested with commercial fishing technology which
may adversely affect sea turtles.
 But, bountries which were certified by US could still
import.
 Certification --- 2 basis --- first, that the fishing
environment of the country was such so as to not
impact the population of sea turtles while harvesting
shrimp. Second, where the country adopted
methods similar to that of US in protecting sea
turtles.
 US imposed a prohibition on importation of certain
shrimp and shrimp products from some countries
like India, Pakistan, Malaysia and Thailand.
 Dispute --- referred to a Panel by the Dispute
Settlement Body.
 Panel --- held --- the import ban was not consistent
with Art. XI of GATT 1994 --- US should bring the
measure into conformity with its obligations under
the WTO Agreement.
 Also held --- constituted arbitrary and unjustifiable
discrimination between Members of the WTO --- Appellate Body
recommended that the Dispute Settlement Body request the US to bring
its measure found in the Panel Report to be inconsistent with Art. XI of
GATT 1994.
 Lake Lanoux Arbitration Case (France v. Spain 1957) ---
International water disputes and issue of territorial
sovereignty:
 This arbitration concerned the use of the waters of Lake Lanoux, in the
Pyrenees.
 The French Government proposed to carry out certain works for the
utilization of the waters of the lake and the Spanish Government
feared that these works would adversely affect Spanish rights and
interests, contrary to the Treaty of Bayonne of May 26, 1866, between
France and Spain and the Additional Act of the same date.
 In any event, it was claimed that, under the Treaty, such works
could not be undertaken without the previous agreement of
both parties.
 Lake Lanoux lies on the southern slopes of the Pyrenees, on
French territory.
 Tribunal --- decided that in carrying out, without prior
agreement between the two Governments, works for the
utilization of the waters of Lake Lanoux in the conditions
mentioned in the Scheme for the Utilization of the Waters of
Lake Lanoux, the French Government was not
committing a breach of the provisions of the Treaty of
Bayonne of May 26, 1866, and the Additional Act of
the same date.
 Pulp Mills on the River Uruguay (Argentina v.
Uruguay) Provisional Measures (2006):
 A Treaty --- signed --- at Montevideo (capital and
largest city of Uruguay) in 1961 --- provided for the
establishment of a joint regime for use of the river
Uruguay.
 In pursuance of the Treaty --- a Statute was adopted
in 1975 --- establishing joint machinery for use and
conservation of the river.
 The Argentine Republic instituted proceedings ---
agt. The Eastern Republic of Uruguay for alleged
breach by Uruguay of obligations under the Statute of
the River Uruguay.
 Court --- highlighted --- importance of the need to
ensure environmental protection of shared natural
resources ---- sustainable economic development ---
reliance of the parties on the quality of the water bof
River Uruguay for livelihood and eco. Devt.
 Parties --- required to fulfill their obligations under
international law --- stressed need for Argentina and
Uruguay to implement in good faith --- the
consultation and co-operation procedures provided for
by the 1975 Statute with the Administrative
Commission of the River Uruguay.
• Non- binding instruments:
 soft law has played a significant role in international environmental
law
 Example: Stockholm Declaration, 1972 and the Rio Declaration, 1992
 Soft law instruments --- state responsibility for transboundary harm.
 soft laws --- form a starting point for the development of hard law.
 Several environmental soft law instruments --- 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.
Principles of International
Environmental Law:
 Sovereignty and responsibility
 Principle of good neighborliness and international
cooperation
 Principle of preventive action (precautionary
principle)
 Principle of common but differentiated responsibility
 The principle of sustainable development
 The principle of absolute liability
 Polluter Pays principle
 Ecocentrism (nature-centered concept)
 3 vital approaches in IEL

The Doctrinal Approach:

 what the legal norms are and how those norms apply to
par ticular situations.
 paradigmatic approach of lawyers and judges in
interpreting and applying the existing law.
• The Policy Approach:
 What should be the goal of international policy?
 Who should promulgate or communicate the policy?
 What should be the legal form of the international
response?
 What policy instruments should we use?
 Finally, to whom should these policy instruments be
directed? ---- States? Industry? Individuals?
• The Explanatory Approach:
 the emergence (or non- emergence) of international
environmental norms
 their effectiveness (or in effectiveness).
 Aims of IEL

 The aim of international law should be to impose

specific obligations on States (which states then
impose domestically on their subjects).
 These obligations should be enforceable through
compulsory, binding dispute resolution, both
internationally and domestically.
 Violators (including both States and persons) should
be subject to sanctions.
 Devt./ Historical Background of IEL

Example : The problem of acid rain in Europe and

North America. This is clearly an international
problem because it involves pollutants originating in
one country that cause environmental damage in
another.
Use of transboundary resources --- migratory birds,
inter-national rivers --- border lakes --- etc.
transboundary resources and transboundary
pollution were the first subjects of international
environmental regulation --- best example --- Trail
Smelter Case (discussed esrlier)
Global commons problems --- whaling, pollution of
the high seas, and depletion of the stratospheric
ozone layer, which involve areas beyond national
jurisdiction.
destruction of the Ecuadorian Amazon (and of
indigenous habitats) resulting from oil development
by American companies --- the Union Carbide
disaster in Bhopal
In International Environmental Law --- the term law
--- difficult to interpret.
Dating back to the nineteenth- century English legal
philosopher --- John Austin, who once called
international law “positive morality” as it lacks
sanctions.
Acc. to the orthodox view --- international law is defi
ned by its sources.
A norm qualifies as law if (and only if) it was created
through a recognized lawmaking process— for
example, by means of a treaty such as the International
Whaling Convention or the UN Framework Convention
on Climate Change (UNFCCC).
IEL --- stresses on --- “commitments” rather than
“obligations,” “non- compliance” rather than “breach,”
and “consequences” rather than “remedies” or
“sanctions.”
Former Prime Minister of New Zealand, Geoffrey Palmer
--- observed --- “First, there must be a legislative process
which is capable of making binding rules which States
must follow, even when they do not agree. Second, there
must be some means of having compulsory adjudication
of disputes, if not to the International Court of Justice,
then perhaps to a special tribunal. Finally, there needs to
an institutional authority capable of monitoring what
the nation-States are doing, blowing the whistle on
them when necessary, and acting as an effective
coordinator of what action needs to be taken.
• IEL --- comparatively young field.
• Classical international law --- concerned the
coexistence of States in times of peace and war,
focusing on such topics as diplomatic relations,
sovereign immunities, treaty relations, and
the laws of war.
20th century --- int. law --- 2 directions --- 1) how
States treat their own citizens (i.e., human rights
law) and (2) how states and other international
actors cooperate to achieve common ends such as
economic development and social welfare.
Development of international environmental
law ---has been part of this second
transformation and is founded on the
common interest of humankind in protecting
the natural environment.
Environmental degradation --- not a new
phenomenon.
 Humans have affected the environment ---
sometimes in substantial ways, since ancient times.
The classical Greeks noted the problems of
deforestation and soil erosion in the hills of
Attica (city of Athens in Greece).
Disappearance of elephants, rhinos and giraffes from
the Nile Valley by 2000 B.C. and from North Africa
by the early centuries A.D.
Man’s power to change the environment --- the society of
Easter Island (island and territory of Chile) collapsed in the
16th century, apparently as a result of overpopulation and
deforestation.
Pollution and depletion of natural resources --- recently
perceived as problems.
The emergence of international environmental law ---
required a change in human consciousness, an
increased value placed on the environment and
concern about its destruction --- which began to
emerge in the early 19th century through the writings
of naturalists such as Gilbert White and Alexander
von Humboldt and romanticists such as Thoreau.
Evolution of IEL --- “product of improved scientific
understanding --- going back to the work of 19th
century --- naturalists such as George Perkins Marsh,
who described the despoliation (to plunder) nature
by man”.
IEL --- origin in science.
Eg:- The linkage between sulfur emissions in
England and Germany and acid rain in Scandinavia
was a major impetus for the 1972 Stockholm
Conference and later the 1979 Long- Range
Transboundary Air Pollution Convention.
 The discovery of the ozone hole in the mid- 1980s ---
contributed to the successful conclusion of the
Montreal Protocol on Substances that Deplete the
Ozone Layer.

Devt. Of IEL:
 1868 --- German ornithological meeting proposes
development of international treaty on bird
conservation
 1909 --- International Boundary Waters Treaty (U.S.-
Canada) adopted.
 1911 --- North Pacific Fur Seals Convention adopted.
 1916 --- Migratory Birds Treaty (U.S.- Canada) adopted
 1941 --- Trail Smelter case articulates duty to prevent
transboundary pollution.
 1946 --- International Convention for the Regulation of
Whaling adopted.
 1948 --- International Union for the Conservation of
Nature (IUCN) established (now the World Conservation
Union).
 1954 --- International Convention for the Prevention
of Pollution of the Sea by Oil (OILPOL) adopted.
 1962 --- Publication of Rachel Carson’s Silent
Spring.
 1967 --- Torrey Canyon oil spill (worst oil spill in the
history of U.K. affecting coastlines of Britain, France,
Spain) leads to negotiation of Intervention
Convention and Civil Liability Convention.
 1970 --- First Earth Day--- Time magazine names the
environment “issue of the year.”
 1972 --- Stockholm Conference on the Human
Environment. UNEP established --- World Heritage
Convention and London Dumping Convention ---
adopted
 1973 --- CITES (Convention on International
Trade in Endangered Species of Wild Fauna
and Flora ) and MARPOL ( International
Convention for the Prevention of Pollution
from Ships )adopted.
 1976 First UNEP Regional Seas Convention adopted.
 1979 --- Long- Range Transboundary Air Pollution
Convention (LRTAP) adopted.
 1987 --- Brundtland Commission Report (Our
Common Future) --- Montreal Protocol on
Substances that Deplete the Ozone Layer adopted.
 1990 --- Global Environment Facility (GEF) established
--- London Amendments to Montreal Protocol adopted.
 1992 --- UN Conference on Environment and
Development (Earth Summit) --- Climate
Change and Biodiversity Conventions adopted.
 1997 --- Kyoto Protocol adopted.
 1998 --- Rotterdam Convention on trade in
hazardous chemicals adopted.
Rotterdam in Europe’s largest seaport.
 2001 --- Stockholm Convention on Per sis tent
Organic Pollutants (POPs) adopted.
 2002 --- Johannesburg World Summit on
Sustainable Development.
3 cycles towards the emergence of IEL:
 (1) a conservationist stage, focusing on the
protection of wildlife, stretching from the late nineteenth
century through the first half of the twentieth century;
 (2) a pollution- prevention stage, spanning the so-
called environmental revolution of the 1960s and early
1970s, marked by the Stockholm Conference, the
establishment of the United Nations Environment
Program (UNEP), and the negotiation of numerous
multilateral agreements, particularly in the field of
marine pollution;
 A sustainable development phase, beginning in
the mid 1980s with the work of the Brundtland
Commission and continuing through the 1992 Earth
Summit and the 2002 Johannesburg Summit up to
today.

The Emergence of Pollution Issues: 1962– 1975:

 Revolution started --- 1962 --- publication of
Rachel Carson’s Silent Spring, which sold more
than a half million copies and remained on the New
York Times best- seller list for thirty- one weeks.
 Membership in environmental organizations --- grew
dramatically.
 Many people --- participated --- first Earth Day on April
22, 1970.
 The Council of Europe declared 1970 as “European
Conservation Year” and Time magazine named the it as
“issue of the year”.
 Environmentalism in the 1960s --- a mass movement.
 Concentrated on broader problems like pollution,
technology, population, and economic growth, rather
than just on the conservation of nature.
 Moved from the earlier focus on economics and
science— on the rational utilization of natural
resources— to a more zealous, anti-establishment
orientation --- part of the new politics of the 1960s.
 focused more on national issues than international.
 From 1969 to 1972 --- the US --- adopted the
National Environmental Policy Act (NEPA),
established the Environmental Protection Agency
(EPA), and passed the Clean Air and Clean Water
Acts.
 The European Union --- adopted its first
environmental directive in 1967 --- addressing the
classification, packaging, and labeling of dangerous
substances) and its first environmental action plan in
1973.
 Prior to 1960 --- transboundary issues --- Trail
Smelter Arbitration Case.
 Frst multilateral pollution problem to receive
international attention --- oil pollution from tankers.
 In 1954 --- a conference organized by the
International Maritime Or ganization (IMO)
---adopted the International Convention for the
Prevention of Pollution of the Sea by Oil (OILPOL),
which established coastal zones within which tankers
could not discharge oil except in very limited
amounts.
 4 years later, the 1958 Convention on the High
Seas committed States more generally to prevent oil
pollution and the dumping of radioactive wastes.
 Torrey Canyon oil spill (first major oil spill in
British and European waters, causing enormous
damage to marine life and the livelihoods of local
people --- also led to changes in the way people viewed
the environment) --- in 1967.
 After this --- series of accidents --- involving vessel-
source pollution, sewage and garbage --- etc.
 Dangers of nuclear weapons and nuclear energy.
 The 1963 Nuclear Test Ban Treaty --- the 1968 Nuclear
Non- Proliferation Treaty --- paved its way --- indirectly
helped environment to protect from nuclear radiation.
 More clearer in --- Organisation for Economic Cooperation
and Development (OECD) Convention on Third Party
Liability in the Field of Nuclear Energy, and the 1963
Vienna Convention on Civil Liability for Nuclear Damage.
 Nordic countries’ (Denmark, Sweden, Finland,
Iceland, etc.) concern --- transboundary air
pollution, in particular acid rain, that led them to
propose an international conference on the
environment. The conference was held in
Stockholm in 1972 and served as a major catalyst—
perhaps the major catalyst— in the emergence of
international environment law.
 Prior to Stockholm --- 1949 Conference on the
Conservation and Utilization of Resources and the
1968 Biosphere Conference --- Stockholm received
high- level political attention.
 Stockhilm --- attended by 6,000 persons, 114
countries, 400 non- governmental groups, and 1,500
journalists ---generated 100,000 pages of
preparatory documents and 40 tons of conference
documents.
 Stockholm --- first major United Nations “theme
conference” --- served as the prototype for
subsequent conferences on population,
desertification, women’s rights, human settlements,
and social development.
 Important consequence of Stockholm --- the UN
General Assembly’s decision in December
1972 to establish the United Nations
Environment Program (UNEP) --- located in
Nairobi, Kenya.
U.N. Conference on Human Environment, Stockholm,
1972:
 113 member States --- India also participated --- by the Prime
Minister of India --- Indira Gandhi
 Disputes between developed and developing nations ---
ecological crisis
 U.N. Conference on Human Environment --- held in
Stockholm ---n5-16 June, 1972 --- first attempt --- global
problem of conservation and regulation of environment by an
international agreement
 Theme of the Conference --- need for international cooperation
of all nations, be it developed, developing or semi-developing
 Env. And devt. --- means and not the end in
themselves --- for the people.
 Declaration on Human Environment ---
emerged out of the U.N. Conference in Stockholm ---
was a turning point
 114 nations participated
 Stockholm Declaration of 1972 --- man is both creator
and moulder of his environment --- gives physical
subsistence --- social and economic growth
 Realised --- environmental problems --- poverty,
malnutrition,, over population, slums,
unemployment --- need for adequate policies and
measures
 Focussed on 7 imp. Realities (1st part):
1)Modern scientific and technologies --- radical change
2) Duty for conservation and protection of
environment --- should not be ignored or overlooked
3) No damage to water and air resources
4)Overpopulation
5)Undeveloped nations
6)Pragmatic policies and regulatory measures
7) U.N. --- organise seminars, workshops, conventions,
etc.
 2nd part (26 principles):
1) Principle 1: Right to environment --- fundamental right
of every individual
2) Principle 2: Natural resources --- safeguarded --- focus
on present and future generations
3) Principle 3: Production of renewable resources --- also
restored if possible
4) Principle 4: Safeguard wildlife and its habitat
5) Principle 5: Protection of non-renewable resources
6) Principle 6: precautionary principle
7) Principle 7: Protection of marine biodiversity
8) Principle 8: Socio-economic development
9) Principle 9: Underdevelopment and natural
calamities
10) Principle 10: price stability
11) Principle 11: proper environmental policies
12) Principle 12: Sufficient resources
13) Principle 13: proper developmental planning by
States
14) Principle 14: National planning
15) Principle 15: Human settlements and urbanisation
16) Principle 16: Concern for population
17) Principle 17: Proper national institutions
18) Principle 18: Create awareness
19) Principle 19: timely notification and info.
20) Principle 20: promote scientific research
21) Principle 21: legal control of acid rain
22) Principle 22: Devt. In international law
23) Principle 23: Focus on interests of developing
nations
24) Principle 24: Multilateral and bilateral cooperation
25) Principle 25: States --- focus on pollution
26) Principle 26: Protection from atomic weapons and
genocide
 Nairobi Declaration on Human Environment, 1980

105 States participated

Objective of Conference --- celebrate the 10 th anniversary
of the Stockholm Conference, 1972
Consisted of: 1) Importance of Stickholm, 1972 ---
reaffirmed
2)Focussed on poverty, and misuse of natural resources
3)Focussed on disarmaments, end of colonial oppression,
etc.
4)int. cooperation
5)Developed nations to help developing and semi-
developing nations
6)Use of modern techniques
7)Planned efforts
8)Use of resources by future generation
 Cocoyok Declaration, 1974

International Seminar on --- Pattern of Resource Use,

Environment and Development Strategies --- organised
--- in Cocoyok (Mexico)
Presided by Lady Jackson
Ended with a resolution --- “ Our priority is to refine the
objectives of development”

Marine Pollution and Protection of Environment :

• 1924 --- USA --- enacted a Marine Pollution Control Law
--- measures not effective for discharges beyond 3 miles
from the shore.
European nations --- Japan, Canada, Great Britain, and U.S.
--- met in Washington DC in 1926 --- failed to reach an
amicable agreement
First International Convention on Marine Pollution For the
Prevention of Environment --- 1954.
1954 Convention --- redesigned in 1973 --- standards for oil
tankers discharge.

Brussels Resolution on International Cooperation for

Prevention of Pollutants other than Oil:
• Brussels (Belgium)
• Prevention of pollution caused by substances other than oil
Oslo Convention on Dumping, 1972
• Held in Oslo (Norway)
• First international Convention to regulate dumping (any
deliberate disposal at sea, any waste substances, or other
waste materials from vessels, aircraft, platform or other
man-made structures into sea)

London Maritime Convention on Dumping, 1972

• Art. III of Convention --- prohibited dumping at sea
--- extends to all marine waters --- except internal waters of
States
Drawback --- did not make specific provisions for
marine env. Free from pollution that may be caused
due to dumping other than oil in internal waters
U.N. Convention on Environment and
Maritime Law, 1982:
• Issues :
1) Regulation of use of seas and harbours
2) Effective utilisation of marine resources
3) marine resources protection
4) making of maritime law
Vienna Convention on Ozone Layer Protection,
1985
• 1980 --- first time felt --- depletion of ozone layer
• First observed by --- in 1983 --- British scientists ---
depletion of ozone layer in South Pole --- serious
threat
• World Conference --- organised --- Vienna in 1985 ---
Vienna Convention on Ozone Layer Protection ---
effect from 22nd of Sept, 1988
• Signed --- 103 States (Note: India signed on 18 th
March, 1991)
USA --- ratified --- 1986
Main provisions:
1) Systematic research study --- know the affect of
ozone layer depletion --- int. agencies and States
2) Conduct a micro study --- cause depletion of ozone
layer
3) Effect of ozone layer on human beings and other
organisms
4) Climatic and economic changes occurrence
5) Effect of radio-active rays on natural resources
Other factors --- social, economic and technological factors
Secretariat --- estb. --- organise meetings, seminars,
conferences, etc. --- make periodical reports

Montreal Protocol on Substances that Deplete Ozone

Layer, 1987 (or Ozone Treaty):
• supplementary agreement to Vienna Convention, 1985
• Global agreement
• Came into force on 1st Jan, 1989
• Legally binding treaty
• Preamble --- Stated --- “parties to this Protocol are
determined to protect the ozone layer by taking
precautionary measures to control equitably total
global emissions of substances that deplete ozone layer
--- ultimate goal --- scientific knowledge --- technical
and economic considerations.
• Main goal: elimination of ozone depleting substances
like chlorofluoro carbons
• Signed by 48 States
• India --- Malaysia --- China --- refused to sign the
pact
Montreal Protocol --- based on 2 imp. Principles:
1) Precautionary Principle
2) Principle of Common but Differentiated
Responsibilities
• Protocol obligates parties to cooperate:
1) Find best technologies for improvement, recovery,
recycling or destruction of controlled substances, for
reducing their emissions
2) find out alternatives to controlled substances
3) promote public awareness
Brundtland Commission Report, 1987 (Very imp.):
 1983 --- UN General Assembly --- set up a Commission
on Environment and Development --- leadership of Mrs.
Gro Harlem Brundtland --- Prime Minister of Norway
 India --- nominated --- Shri Nagendra Singh
 Issues under it:
1)Present a long term env. Strategy on S.D. in 2000 and
beyond
2) Suggest measures to ensure cooperation between States
3) Suggest measures to combat int. env. Issues
4) Formulate diff. policies
 Main concept --- “from one earth to world”
 Later called --- The World Commission on
Environment and developmentor, Brundtland
Commission
 Defined Sustainable development as --- devt. Which
meets ends of present without compromising needs
of future generations
 2 central themes of S.D :
1) Essential needs of pooer people --- govern
overriding priority
2) Limitations imposed by technology and social
organisations to meet needs of present and future
 Report of 1987 Commission --- titled as --- “
Our Common Future”
U.N. Conference on Environment and
Development:
 Consequent to Brundtland Report --- considerable
change --- env. --- and a resolution called
“Environmental Perspective to the Year 2000 and
Beyond” --- passed.
 States agrred upon:
1)Prevention and improvement of env.
2) Need for national, regional and global cooperation in
handling issues like climate change, ozone depletion,
etc.
3) Remove poverty
4) Unsustainable devt. By advanced nations --- matter
of huge concern
5) State responsible for causing env. Damage ---
compensate for the loss as well as reimburse expenses
6) Develop modern technology
7)Access to technologies by developing and under-
developed nations
Rio Summit or Earth Summit, 1992, or, the
United Nations Conference on Environment
and Development (UNCED) (very imp.)
 Held in June 1992 at Rio-de-Janeiro – Brazil from 3-
14 June 1992
 Largest Conf. ever held
 Attended by 178 member States
 to address urgent problems of environmental
protection and socio-economic development.
 promoted “Convention on Biological Diversity” (CBD)
 held on the occasion of the 20th anniversary of the first
Human Environment Conference in Stockholm, Sweden,
in 1972
 primary objective --- produce a broad agenda --- a new
blueprint for international action on --- help guide
international cooperation and development policy in the
twenty-first century.
 Conference concluded:
1) concept of sustainable development --- an attainable goal
for all the people of the world, regardless of whether they
were at the local, national, regional or international level.
2) Integrating and balancing economic, social and environmental
concerns in meeting our needs --- vital --- sustaining human life
on the planet
3) integrating and balancing economic, social and environmental
dimensions --- required new perceptions of the way we produce
and consume, the way we live and work, and the way we make
decisions.
 One of the major results --- Agenda 21 --- program of
action calling for new strategies to invest in the future to
achieve overall sustainable development in the 21st century ---
new methods of education to new ways of preserving natural
resources --- new ways of participating in a sustainable
economy.
 Main issues dealt:
1)Finances
2) Forest mang.
3) Institutional management
4) Transfer of tech. and devt.
5) Issues of biodiversity
6)Sus. Devt.
 Main achievements:
1) Rio Declaration on Env. And Devt. And its 27
Universal Principles (discussed earlier)
2) The United Nations Framework Convention on
Climate Change (UNFCCC)
3) The Convention on Biological Diversity 1992
4) The Declaration on the Principles of Forest
Management
5) Commission on Sus. Devt. --- Sus. Devt. Of Small
Island Developing States in 1994
Rio Declaration on Environment and Development:
 27 Principles
1) Principle 1: productive life
2) Principle 2: sovereign right to exploit resources ---
but precaution
3) Principle 3: Right to development
4) Principle 4: development process
5) Principle 5:Poverty eradication
6) Principle 6: priority to developing and semi-
developed States
7) Principle 7: global partnership
8) Principle 8: unsustainable pattern of production
and consumption
9) Principle 9: scientific knowledge
10) Principle 10: equal participation of nations
11) Principle 11: enact of effective regulations
12) Principle 12: open international economic system
13) Principle 13: develop national law for liability and
compensation
14) Principle 14: discourage other States --- cause
environmental harm
15) Principle 15: precautionary principle
16) Principle 16: Polluter pays principle
17) Principle 17: Environmental Impact Assessment
(EIA)
18) Principle 18: Inform States about possible narural
calamities
19) Principle 19: Inform about trans-border
environmental effect
20) Principle 20: Active participation of women in S.D.
programmes
21) Principle 21: Youth and younger generation
participation
22) Principle 22: Cooperation of local communities
23) Principle 23: Protect natural resources of people
---victims of exploitation and coercion
24) Principle 24: Strict adherence to principles of int.
law in war and armed conflicts
25) Principle 25: Peace --- devt. --- evt. Protection ---
inter-dependent and indivisible
26) Principle 26: Resolve of Evt. Disputes --- peaceful
means under U.N. Charter
27) Principle 27: States and people --- good faith

AGENDA 21:
 non-binding action plan of the U.N.
 sustainable development --- main goal
 product of the Earth Summit held in Rio de Janeiro,
Brazil, in 1992
 guarantees that life in the next millennium will
change substantially for the better
 Provides a blurprint of local, national, regional and
global actions to affect the transition to S.D. in the
21st century.
 5 sections:
a) Social and economic dimensions
b) Conservation and mang. Of resources for devt.
c) Strengthening of the Role of major groups
d) Means of Implementation
e) Estb. Of a Sustainable Devt. Commission

U.N. CONVENTION ON CLIMATE CHANGE,

1992:
 Legally binding document --- required States to
initiate steps --- reduce greenhouse gas emissions ---
global warming.
 Achievement of Rio Summit of 1992
 March 21, 1994

CONVENTION ON BIODIVERSITY, 1992 ---

CBD:
 Int. treaty
 Adopted in Rio-de-Janeiro in June 1992
 3 aims: a) Conservation of biological diversity
b) sustainable use of components
c) fair and equitable sharing of benefits
 Came into force from Dec. 29, 1993.
 First time recognised that biodiversity is a common
concern of mankind
 CBD next Conference --- Montreal(Canada) from
Dec. 7-19, 2022

THE EARTH SUMMIT,1997:

 Also called Earth Summit +5 --- as it was held 5 yrs.
after the Earth Summit, 1992
 Held in New York in June 1997
 Noted --- disappointing situation than what it was in
1992.
 Need to establish a “World Environment Court”
 UN CONFERENCE OF THE PARTIES TO THE
FRAMEWORK CONVENTION ON CLIMATE
CHANGE (UNFCCC)

 entered into force on 21 March 1994

 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
 parent treaty of the 2015 Paris Afreement
 Observed --- climate change presents a profound threat to
humanity --- imperatives of S.D. --- growth and eradication
of poverty
 Again focussed --- meeting climate challenge --- requires
ambition --- creativity --- innovation by all parties at
national and local govts., civil society, responsible citizens,
etc.
 UNFCCC efforts support the developing countries in
combating climate change by providing a platform
for finance, technology transfers, discussions, global
partnerships, etc.
 first global treaty addressing climate change
 recognize and acknowledge that human activities are
causing changes in climate which are adverse to
humans and ecosystems --- anthropogenic acts
 climate change --- changes in climate, caused
directly or indirectly by human activities, which
change the composition of global atmosphere ---
anthropogenic and natural causes
 Objectives:
1)Stabilization of greenhouse gas (GHG) concentration
in the atmosphere
2) ensure that food production is not affected by
climate change
3) ensure sustainable economic development
 UNFCCC --- based on an important international
environmental law doctrine --- Equity and
Common but Differentiated Responsibilities
and Respective Capabilities --- climate is the
common responsibility of all nations
 based on principle of Sustainable Development
 Convention --- established Conference of Parties
(COP) as an institution to periodically examine the
implementation of the Convention, the measures
undertaken, the adequacy of the Convention, need to
adopt amendments and Protocols.
 After the adoption of Cancun (Mexico) Adaptation
Framework (CAF) at Cancun Climate Change
Conference, 2010, the focus on adaptation to climate
change has also been made --- reduce vulnerability
KYOTO PROTOCOL OR KYOTO GREENHOUSE
CONFERENCE, 1997:
 Delegates from 159 nations attending the World
Climate Conference --- met on Dec. 11, 1997 in Kyoto
(Japan)
 entered into force in February 2005
 Mandatory cut in greenhouse gas emission by
industrialised nations in the new millenium --- save
Earth from dangerous ill-effects of global warming
 Industrialised nations agreed for a 5.2 percent cut in
their annual greenhouse gas emission
 3 aims : a) prevent greenhouse gas emissions
b) ensure agriculture and food protection ---
not threatened due to global warming effect
c) ensure eco. Devt. In a sustainable manner
 Main principles involved:
a) Art.3: mandatory reduction in emission of
Greenhouse gases by industrialised nations
b) Art.4: 2 or more countries --- meet their reduction
target jointly
c) Art. 6: enabled countries to transfer or acquire
emission units from other industrialised countries
d)Art. 10: transfer of technology
e) Art.11: Assist of developed nations to the developing
nations --- reduce climate change
f) Art. 12: Clean Development Mechanism (CDM) ---
public and private entities
 Drawbacks of Kyoto, 1997

 limited in its success

 greenhouse gas output has increased since 1997, not
decreased.
 developing countries did not commit themselves to climate
targets.
 economies of countries like China, India and Indonesia
grew rapidly in the following years --- and so did their
greenhouse gas emissions.
 deficiencies in the structure of the agreement ---
the exemption of developing countries from reductions
requirements, or the lack of an effective emissions trading
scheme.
 In 2015 --- at the sustainable development summit
held in Paris, all UNFCCC participants signed yet
another pact, the Paris Climate Agreement,
which effectively replaced the Kyoto
Protocol.
 The Kyoto Protocol was superseded by the Paris
Agreement which entered into force in 2016
 India signed the Kyoto Protocol on 26 August
2002
In 2001 --- at Marrakesh, Morocco, detailed rules for
implementation of Kyoto Protocol were adotped.
Kyoto --- till 2012
December 8, 2012 at Doha, Qatar, Doha Amendment to
Kyoto Protocol was adopted --- Jan 2013 --- Dec 2020
Accordingly, negotiations began at the international
level to conclude an agreement under UNFCCC which
would obligate all parties to contribute in mitigating
climate change and in adapting to climate change.
Therefore, parties entered into Paris
Agreement under UNFCCC at 21st COP in 2015.
PARIS AGREEMENT ON CLIMATE CHANGE:
 international treaty on climate change, adopted in
2015
 Signed on 22 April 2016
 Effective from 4 November 2016
 Held in Paris (France)
 sets out a global framework to avoid dangerous
climate change by limiting global warming to below
2°C and pursuing efforts to limit it to 1.5°C.
 first-ever universal, legally binding global climate
change agreement, adopted at the Paris climate
conference
 Katowice rulebook:
 adopted at the UN climate conference (COP24) in
December 2018 --- contains common and detailed
rules, procedures and guidelines that operationalise
the Paris Agreement.
Goals of Paris Agreement:
1) To contain average increase in global temperature
upto 2 and further reduce upto 1.5 degree
2) increase adaptability to climate change and to
promote low GHG emission development
maintaining balance between food production and
development. (Article 7).
3) ensure financial flows and assistance in consonance
with low GHG emissions and climate resilience
development (Article 2)
 UNITED NATIONSMILLENIUM DEVELOPMENT GOALS
(MDGs) (2000-2015)

 8 imp. Goals
 only targets the developing nations
 emphasized three areas: human capital, infrastructure and human
rights (social, economic and political) --- with the intent of
increasing living standards.
 drawn from --- actions and targets contained in the Millennium
Declaration that was adopted by 189 nations and signed by 147
heads of state and governments during the UN Millennium
Summit in September 2000
 Goal 1: Eradicate extreme poverty and hunger
 Goal 2: Achieve universal primary education
 Goal 3: Promote gender equality and empower women
 Goal 4: Reduce child mortality
Goal 5: Improve maternal health
Goal 6: Combat HIV/AIDS, malaria and other
diseases
Goal 7: Ensure environmental sustainability
Goal 8: Develop a Global Partnership for
Development
 SUSTAINABLE DEVELOPMENT GOALS
(SDGs) 17 GOALS (2015 – 2030)

apply to all countries whether rich, middle or poor

Rio+20 conference (the United Nations Conference
on Sustainable Development) in Rio de Janeiro, June
2012 --- bought a process to develop a new set of
Sustainable Development Goals (SDGs) which will
carry on the momentum generated by the MDGs and
fit into a global development framework beyond
2015.
United Nations global development goals.
Goal 1: No poverty
Goal 2: Zero hunger
Goal 3: good health and well being
Goal 4: quality education
Goal 5: gender equality
Goal 6: clean water and sanitation
Goal 7: affordable and clean energy
Goal 8: decent work and economic growth
Goal 9: Industry, innovation and infrastructure
Goal 10: reduced inequalities
Goal 11: Sustainable cities and communities
Goal 12: responsible consumption and production
Goal 13: climate action
Goal 14: Life below water (marine organisms)
Goal 15: Life on land
Goal 16Peace, justice and strong institutions
Goal 17: Partnerships for the goals