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International Environment Law

31/07/2017

Stockholm Declaration principles 72

UNEP (the organization established by Stockholm Declaration) How it has shaped the law

World <> Charter 1982

UN <> on Sustainable Development

<>

<> Commission Report

IPCC India government panel on climate change

1992 Earth Summit Rio Summit 5 different documents given to us including the Rio Declaration,
UN Convention on Biodiversity, UNFCC, Forest Principles, Agenda 21

World Summit on Sustainable Development (2002) Johannesberg

Millennium Development Goals to Sustainable Development Goals 2005 notified by UN in 2015


called as <>. Seventeen goals total.

Climate change detailed study

Ozone depletion and Climate change relationship and the law

Movement of Hazardous Substances International Law

Brief Overview of various principles and doctrines of international environmental law

Doctrines of Public trust and intergenerational equity, also intragenerational equity

Sovereignty of <> - Article 197 UN clause 192 principle 21 of Stockholm Declaration 7 of Rio
Declaration

<>

State obligation under 48A Protection and improvement of the environment

EP Act does not focus on management (?)

But for S. 3 (1) and (2) and S. 25, no other provision gets directed connected to ?

Internalization of various principles of intl env law in domestic jurisdiction has been regarded as a
tool of environmental management.
It internalizes the Environmental Impact Assessment which calls for pre and post commissioning of
any developmental project, as an offshoot of which we can improve the environmental audit. The
current Indian position is the 2006 (most recent <>).

Principal of sustainable development 1997 Rowland(?) Committee

Principal one of sustainable development human beings are at the centre of concern for
sustainable development, read with Johannesberg <>

Principal 1 of 1972 declaration - of intergenerational equity and response

Principal 3 of 1992 intragenerational equity

Principal 2 of Stockholm Declaration; article 3 and 4 of UNFCC Montreal Protocol

Principle of prior information and consultation

INFOTERA

Russel Carson - <Title> Trial smelter (?) River catching fire

9/8/17

<> smelter case between US and Canada Columbia River has its origin in Canada whereas a
smelter at <> was established for smelting of zinc and lead. Subsequently two additional stacks were
raised - emission of sulphur dioxide matter referred to International Joint Commission. After
listening, awarded compensation of 3.5 lakh dollars in the year 1931 which remained unrespected as
a result of which the US made a representation to the Canadian government that the reward should
be respected or else the matter should be referred to an arbitral tribunal. A state owes at all times a
duty to protect other states against injurious acts by individuals from within its jurisdiction.
Accordingly it decided the matter that so long as the present conditions in Columbia River Valley
prevails, <> smelter shall be required to refrain from causing any damage to fumes. The damage
referred to and its extent being such would be recoverable under the courts of the US. caught fire
in June 1969 raising an alarm as to the effects of pollution. Writings of Ms. Russel Carson, 1962 (The
Silent Spring) pointed out the use of pesticide on the agricultural land birds have disappeared.
Looking at the quantum of damage caused, the 1968 whose initiative by writing to the UN to
organize international conference as the pollution has become a serious threat for the survival of
mankind. - from 5th June to 12th June 1972 conference organized 113 nations participated
However, not many heads of the state participated. Rather, from some of the nations quite junior
officials were sent as delegates of those countries. The idea is that no one at that point in time the
seriousness of damage being caused.

Pitambar Pant Committee assigned the task of working out the details on human environment and
make recommendations in the form of strategy that can be allotted at the district level and if
accepted, by the participating nations maybe a universal <?> National committee on
environmental planning and coordination. PPP party, pollution, ?. Poverty generates quest for jobs.
On the other hand population was rising. Action plan 106 challenges for each challenge there
were separate recommendations. From those: (1) planning and managing human settlement for
ensuring environmental quality (2) integration of environmental aspects in natural resource panel
(3) identifying and controlling pollutants of international significance (4) exploring and strengthening
the educational, informational, social and cultural aspects of environmental issues (5) integration
between environment and developmental issues. The preamble to the Stockholm Declaration
reiterates that pollution then was being caused by and inadequately coordinated industrial
activities. Environmental problems in developing countries due to lack of economic resources. The
main objective of developing nations is to have integrated and rational level. The quantity of human
life in developing nations depends on solutions to environmental problems. It provides further that
besides general principles, criteria and minimum standards for preservation of the environment will
have to be defined at national level keeping in view the prevailing conditions and value system of
each country. Countries have the full right to formulate their own national policies on human
environment. While devising a policy, due account must be taken of the need to avoid producing
harmful effects on other nations. 26 principles. Classified under heads such as rights of people. Right
to freedom, equality and conditions of life ( 19, 14, 21 Articles) quality of environment Amarnath
Shrine Board. Duties of the people solemn duty to protect and improve the environment for
present and future generations. Under A. 14 followed by special responsibility to safeguard and
manage <> of wildlife and its habitat. Principle 4 this was a year in which another set of <> was
taking place (Convention on International Trade, 72 (?) ) protecting wildlife(?) followed by
responsibility to maintain vital resources of the earth and wherever practicable to be restored and
improved. Principle 3 for non-renewable resources to be employed in such a way so as to guard
them against the danger of their future exhaust. This can be connected by a shift in the ministry of
power and energy. Ministry of new and renewable resources so as to produce the thrust on non-
renewable resources used. Responsibility to stop the discharge of toxic substances as in Principle 6.

States rights and their responsibilities:

Principle 2 Natural resources must be safeguarded for the present and future generations. States
responsibility, their duties include stopping discharge of substances in such quantity or
concentration in excess of the environmental carrying capacity. The <> may be seen as a source of
regulating <> zeal.

Second, laying down the standards for discharge or emission of pollutants. UOI v. MC Mehta
followed by reiteration of <>. Which was premised on its own understanding of abilities. The
carrying capacity and purifying capabilities cannot purify beyond.

Environmental deficiencies generated due to underdevelopment and natural disasters must be


remedied through transfer of financial and technological assistance.

14/08/17

Rights recognized by Stockholm Declaration:

Article 14 <Saw mills case law> related to principle of intergenerational equity

Principle 21 Stockholm Declaration sovereign right to exploit natural resources

Other duties include:


- in excess of capacity of the environment (Principle 6)

Principle 9: essence certain environmental deficiencies must be remedied to accelerate a


transfer of technology and financial assistance including the deficiency cost of natural disasters.

Principle 13 integrated and coordinated approach in all activities

Principle <> - rational planning, balanced approach, obligation of the state under principle 15 under
human settlement and urbanization must be planned.

Pollution Control Board

Disaster management Institute, Environment planning and coordination Commission Bhopal, State
Environment Impact Assessment <>, Principle 19 education in environmental matters is essential
to broaden the basis for enlightened opinion and responsible conduct by enterprises, individuals and
communities in protecting and improving the environment. R/w 20, scientific research and
development in the context of environmental problems must be promoted in all countries. must
move further by saying that environmental developed nations.

1992 MC Mehta case under direction of SC, <> of <> education in National Environmental
Engineering Research Institute.

Principle 22 - States shall cooperate to develop international law relating to liability and
compensation for the victims of pollution and other environmental damage.

UNEP established 1973 purpose: developing international law relating environmental liability and
compensation for the victims of environmental pollution

Corresponding provision for compensation included in the NGT Act. and value system of different
nations must be respected. Here value system connotes the idea that inclusion of all kinds of <>
must be

24 Handle environmental matters in a cooperative spirit by all countries on an equal footing. This
can happen by making multilateral arrangements or by other means to ensure that international
organizations make coordinated

Man and his environment must be spared from the effects of nuclear weapons and all other means
of destruction.

16/08/2017

72 Stockholm Declaration

Eric So???> - chairperson of OEC

Through coordination and gradually over the years UNEP has attained a place of being the
environmental conscience of the UN. Functional structure of the UNEP rules environmental
assessment, environmental <>, support measures. For fulfilling 1977 UN launched a program
called Earth Watch whose functions can be classified into four sections review progress, conduct
future researches, monitoring of environmental health and status, developing environmental
information base and providing information exchanges. Information exchanges is essential for
ensuring better environmental management. It also provides early warnings on significant
environmental changes. It issues early warnings about significant changes in the environment.

Global Environmental Monitering System (GEMS), International Reference System for Sources of
Environmental <> (INFOTERRA), International Register of Potentially Toxic Chemicals, Working on
Outer Limits of Biosphere Vis a Vis Human Needs <> which includes climate change, ozone depletion,
etc. focused on resource monitoring.

Climate Monitoring health, water, <> and food.

INFOTERRA provides referral network for exchange of environmental <>. 112 members in 2003.
Started with a membership of 58, gone up to 198. Environmental management prepares
environmental impact systems and works for the application of cost-benefit analysis of <>. UNDP is
one of the founding agencies and signed a declaration of principles incorporating environmental
consideration with its <> New York.

1. ..Environmental aspects of human settlement, planning and <>

2. Terrestrial ecosystem that includes desertification, forest ecosystem, arid and semi-arid
ecosystem, soil, water, wildlife etc.

3. Focussing on environment and development

4. Industrial environment marine pollution, marine resourcs, energy, natural disasters and the
development of environmental law. Genisis of development of EL lies in principel 2 of <>
Declaration(?)

soil conservation, (4) trans boundary air pollution (5) intl trade in potentially harmful chemicals (6)
law relating rivers and inland waters (7) legal and administrative framework for pollution damage
EIA.

Promotion of natural environment to harmonize regional law and to allow regional cooperation.

For education and research survey the existing environmental laws and research programs and
spreading awareness.

Need to identify difficulties faced by governments to become parties to various conventions and
ensure their smooth implementation. promote <> of environmental laws of like human cause.
Training for environmental technocrats, bureaucrats, lawyers In order to train them for
developing law making. misuse of natural resources, presumption of degradation of environment
and reaching sustainable development.

(2) water (3) terrestrial ecosystem (4) coastal and inland system (5) ocean (6) lithosphere (7)
human settlement and environment (8) <>(9) energy including industry and transportation (10)
peace and security. Also included preservation of species and animals, maintenance, management
and protection of habitat as well as <> of wild ass(?).

Categories:
1. Soil
2. Arid land and desertification
3. Tropical forests
4. Temperate and cold zone ecosystem
5. Mountain and Highland ecosystem
6. Biological diversity and protected areas
7. Microbial resources and related biotechnologies
8. Agricultural land and agrochemicals
9. Ecosystem management
10. Environmental management
11. Chemicals and waste
12. Resource energy

21/08/17

Report on Sustainable Development (Ruland Commission?)

1972 to represent the concerns expressed at Stockholm Conference in 1970 and to give
recommendations which were pragmatic

Commission which was working for four years submitted its report to the UN in 1977(?) popularly
known as Roland Commission Report and titled Our Common Future. 3 parts part 1 Our common
concerns, part 2 our common challenges, part 3 our common endeavours. Consists of more than 106
recommendations in all. Sustainable development means development that means that present
requirements of present generation without compromising the abilities of future generations to
meet their own needs

Document: caring for earth that can be maintained indefinitely and development means increasing
the capacity to meet human needs and to improve quality of human life [1987 report]

Third, the community needs to be sustained

2006 Forest Dwellers Act dwellers of the forest are the best protectors of the forest.

Sustainable development obliges humanity to use, develop, manage, and care for environment and
other <> resources in a manner that supports the stewardship of all creations and continuity of
cultural and spiritual heritage of each community as well as maintaining harmony between people
and nature for present and future generations.

General principle of sustainable development

1. Conservation of natural resources for future generations, entire concept of doctrine of


intergenerational equity
2. Prudent use and exploitation of resources
3. Equitable use of natural resources
4. Integration between environmental needs and developmental needs

In the present day scenario both are emerging as HR. They influence each other. SD requires a
balancing <> careful planning and management so as to achieve SD.
Hawkins: both concepts are integral <>. They are not in competition with each other. Thomas
Gibbs and Jonathan Lash collaboration between <> and environment will solve the problem of
sustainable development. Accordingly, 106 recommendations of <> Commission report, when
summarized, <>

1. To revive growth, stimulate economic growth and enhance environmental resources.


2. Change the quality of <>
3. Conserve and enhance resource base
4. Ensure sustainable level of operation
5. Reorient technology that is enviro-friendly and manage the environmental risk.
6. Integrate environment and economics in decision making working out environmental cost
beforehand.
7. Strengthen intl cooperation

Substantive part principle 3-8 of Rio declaration substantive aspects of SD. Principle 10, 15-18
procedural aspects of SD. Principle 3 calls for equitably bringing and future generations. Provides
for integration between economic and environmental development. Principle 5 Intergenerational
equity and poverty eradication. Principle 8 unsustainable production and consumption patterns
where as on its procedural side, principle 10 of the Rio Declaration access to information and
judicial review. Principle 15 deals with precautionary principle. Principle 16 polluter pays
principle. Principle 17 environmental impact assessment as a tool of achieving SD. Principle 18
consultation and <> with the affected states.

Professor <> Base (?)

23/08/2017

Objective: 1. changes since Stockholm Conference

2. To identify regional and global strategies to address major environment issues

3. <> national and international measures to protect and enhance environment keeping in mind the
specific needs of developing nations

4. Promote development of international environment

southern cooperation on global problems. Main focus was on intergenerational equality. Third,
unwanted consumption.

Establishing a new global partnership through new <> of cooperation. Working towards international
agreement, recognizing the <> and independent nature of <>

UN Convention on Climate Change, a document providing plan for SD in 21st Century called agenda
21

5. Forest principles

Principle 1: human beings are at the same . For SD wherein in harmony


..in accordance with the UN charter. Secondly, in accordance with international law, 3rd, permissible
limit pursuant to their own national development and environmental policies.

Principle 4 in order to achieve sustainable development environmental protection shall constitute


an integral part of developmental process. For achieving this, principle 16, 17 and 15 lays down
the through which it can be achieved.

In order to achieve SD must be widely adopted (principle 15), however a concession has been
given. Further, lack of scientific certainty shall not be used as a reason for postponing cost-effective
measures to prevent environmental degradation.

to promote internalization of cost and use of economic instruments taking into account the
approach that the polluter, in principle bear the cost of pollution. With due regard to public interest
and without distorting international trade and investment.

3rd Environmental impact assessment as a national instrument shall be undertaken for proposed
activities that are likely to have significant adverse impact on environment and are subject to a
decision of a competent national authority.

Principle 5 state and people to cooperate in eradication of poverty. Discussion to lease,


develop

Principle 7 - cooperate in a spirit of global partnership, to conserve, protect, restore the health and
integrity of earths ecosystem.

Principle 9 indigenous capacity building by developing scientific understanding through and


technological knowledge base

Prniciple 8 eliminate and reduce unsustainable patterns of production and consumption.

Principle 13 to develop national laws liability and compensation

14 to discourage or relocation and transfer to other states of any activity or sustenance that
that causes environmental damage

18 notify environmental disasters

19 timely and prior information

20, 21, 24, 26 read on own.

28/08/2017

Johannesberg <> - <> summit on SD

Chapter on <> strategy

provide timelines and then develop refitting support mechanism

Johannesberg declarations includes reaffirmation of SD (principle 1)


2 commitment to build a humane, equitable and caring global society.

4 providing for <> need to make a new and for future generations

collective response

meaning industrialists, <> and sociologists and environmentalists have to collectively work at all
levels for achieving SD

Principle 7 Recognizing the fact that humanity is at a cross roads and therefore it is required to
make a practical and visible plan for poverty eradication and human development

global program through adoption of agenda 21. Read principles 8, 9, and 10.

Challenges identified include poverty eradication, change in consumption and essential to be


addressed to achieve SD.

Principle 12 widening gap between rich and poor for a major threat, global prosperity, security
and stability.

Principle 13 expressly recognizes that global environment loss of <>, decreasing livestock
(particularly fish), decreasing of ozone, desertification of forests, causing adverse effects on the
planet resulting in climate change alongside collision continues to rob millions of decent lives and
challenges emerge out of globalization.

Principle 8-13

Principle 16 with diversity to be used for constructive partnership

Principle 17 has a commitment to SD to recognize the importance of building human solidarity which
has to be resolved to targets, timelines and partnerships. They will speed up access to basic
requirements like clean water, sanitation, adequate shelter, energy, healthcare, food security and
protection and conservation of <>.

Principle 18 taking a <> to improve the conditions <> to SD.

chronic hunger, malnutrition, foreign occupation, <>, natural disasters, armed conflicts, organized
crimes, drug trafficking, illicit arms trafficking, human trafficking, terrorism, intolerance and
incitement to <> ethnic religions, concerns etc.

recognition of the vital role of indigenous people providing for effective implementation of <> and
principle 31. Provides for more effective, democratic and accountable international and
multinational institutions in outcomes. SD became central element of international agenda

2 summit broadened understanding of SD by establishing clear cut linkages between poverty,


environment and use of natural resources. Agreement over concrete commitments targets and
timelines for more effective implementation of SD. Use of NGO women and children were given
prominence.

Partnership resulted in building business and civil society.


Key Commitments, Targets and <>

2015 was year of eradication of poverty among people Alongside this 2020 was given as a target
year for removal of some relic. For water and sanitation 2015 was the target year for ensuring access
to safe drinking water which remains a distant dream. 2015 access to basic sanitation

Sustainable production and consumption: 2012 was the target

Energy ensure access to energy which necessarily <> reliable, economically viable, socially
acceptable and environmentally sound.

Another aspect relating to <> - restructuring of taxes and phasing out harmful <>

Energy efficiency, to accelerate development for energy efficiency and conservation technology.

Chemicals

Target: 2020. In order to achieve this use these chemicals in a away that <> was signicficance
human health and environmental. Commitments related to management of natural resource base
and the commitment was to devlop integrated water resource management and water efficiency
ban by 2005 (12 years previously).

Ecosystem application for SD to be encouraged and the timeline given was 2010.

(3)establish regular practice under UN for global reporting and assessment of this <> and marine
environment and facilitate implementation of Montreal Protocol by 2003 to 2005 for commitments
for developing countries include access to alternative for ozone depletion substances by 2010 and
assist them to comply with Montreal schedule.

Significant reduction in the rate of loss of biodiversity by 2010 or trade environmental responsibility
to actively promote corporate responsibility and accountability to international agreements,
measures, initial <>, private-public partnership and to appropriate regulation.

Improvise health education and literacy by 2010, reduce mortality rate for infants and children
under <> by 2015 and certain timelines for SD for African nations by 2015.