Overview: International Environmental Law | Environmental Law - CLAT PG PDF Download

Introduction

International Environmental Law aims to manage population and natural resource depletion within a framework of sustainable development. This branch of public international law is created by and for states to address issues such as population, biodiversity, climate change, ozone depletion, and hazardous substances. Advancements in science and technology have improved our understanding of environmental impacts from natural events and human activities. There has been a significant rise in multilateral environmental agreements addressing issues like freshwater depletion, ozone depletion, climate change, biodiversity loss, toxic substances, and river contamination. The evolution of international environmental law has produced varied outcomes. While some treaties have been successful, others have faced challenges. The article will introduce the sources and key principles of this field.

Historical Background and Scientific Foundation

Sources of International Environmental Law

• International treaties, customary international laws, and judicial decisions of international courts are the three main sources of international environmental law.
• Customary international laws are unwritten laws that are followed from the time being among nations. It includes warning a neighboring nation about major accidents that could affect the environment.
• International environment law is shaped by the decisions made by the International Court of Justice or the International Tribunal for the Law of the Sea.
• The Polluter Pays Principle, established by an international arbitration panel, holds that a nation causing pollution that harms another must compensate the affected nation.

Challenges and Principles

• One major challenge to international laws is a nation’s sovereignty, which gives each country control over activities within its borders.
• The sovereignty principle ensures that countries have complete authority over their internal affairs.

Early Environmental Concerns

• The degradation of ecosystems and exploitation of flora(plants) and fauna(animals) were among the first environmental challenges to gain international attention.
• The World Conservation Union (IUCN), a non-governmental organization focused on environmental conservation, urged nations to protect endangered species.

Global Agreements

• The Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) is an international agreement that regulates the trade of endangered species and products derived from them to protect these plants and animals.
• Currently, there are 172 participating nations in CITES, working together to safeguard endangered species.

International Environmental Law

• International environmental law is a part of public international law, which is created by states to settle disputes among them. This branch focuses on efforts to reduce pollution and protect the environment. 
• One important aspect of international environmental law is the multilateral environmental agreement, which is a specific type of international convention that deals with environmental issues, as outlined in Article 38 of the Statute of the International Court of Justice.

Multilateral Environmental Agreement

• A multilateral environmental agreement refers to legally binding international instruments that countries use to commit to specific environmental goals. These agreements can take the form of conventions, treaties, declarations, agreements, or protocols. 
• Multilateral treaties bind only those states that agree to be bound by them. These agreements are effective tools for implementing policies aimed at achieving sustainable development goals.

Sustainable Development Goal

• Sustainable development is crucial in preventing the depletion of natural resources. It involves meeting the present generation's needs without compromising the ability of future generations to meet their own needs. The goal of sustainable development is to promote development with minimal negative environmental impact. 
• This can be achieved by regulating human activities and enhancing technological efficiency. Examples of sustainable development practices include wind energy, solar energy, and sustainable construction.
• In September 2015, all states approved a set of targets as part of a new sustainable development plan to eradicate poverty, protect the environment, and ensure prosperity. These targets are considered vital for achieving sustainable development goals. They provide a framework for implementing activities at the national level, with further guidelines to enhance effectiveness and efficiency.

International Environmental Law Governance

• International environmental law governance involves various bodies and agreements that work towards environmental protection and sustainable development.

UN Environment Assembly

• The UN Environment Assembly (UNEA) is the highest-level UN body focused on environmental issues.
• Established on June 23, 2014, in Nairobi, UNEA has universal membership of 193 countries.
• UNEA provides a platform for global leadership on environmental policy and feeds directly into the UN General Assembly.

Declarations and Treaties

• Declaration of the United Nations Conference on Human Environment: This declaration was the first major global effort to address the impact of human activities on the environment and promote international cooperation for environmental conservation and improvement.
• Rio Declaration on Environment and Development: Produced during the 1992 United Nations Conference on Environment and Development (UNCED), this declaration consists of 27 principles aimed at guiding future global sustainable development efforts.
• Environmental customary laws and principles such as precautionary measures and sustainable development are evolving, often influenced by treaty law.
• The international community addresses environmental threats through treaties that establish states' rights and obligations.
• Bilateral and multilateral environmental treaties are increasingly shaping states' responsibilities regarding environmental protection.
• Population growth poses ongoing challenges for environmental preservation, necessitating effective policies and measures.

Reasons for Environmental Crisis

• Population Explosion– The rapid increase in population puts a strain on environmental resources, leading to higher demand for limited resources.
• Rise in Economic Activities– Increased economic activities result in higher consumption and production levels, generating waste that surpasses the environment's capacity to absorb it.
• Increased Use of Harmful Chemicals– The heightened use of insecticides, pesticides, and chemical fertilizers poses health risks to farmers and workers.
• Rapid Industrialization– Industrialization causes deforestation, depletion of natural resources, and water contamination due to the accumulation of toxic substances and industrial waste in water bodies.
• Urbanization– The swift expansion of urban areas, particularly slums, due to rural-to-urban migration, places excessive pressure on existing infrastructure.

Climate Change Response

• Global Warming, primarily caused by the burning of fossil fuels releasing greenhouse gases like carbon dioxide (CO₂), along with human activities such as agriculture and deforestation, leads to rising average surface temperatures on Earth.

UNFCCC (The United Nations Framework Convention on Climate Change)

• Adopted in 1992 during the Rio Conference.
• Aims to reduce greenhouse gases not controlled by the Montreal Protocol.
• Article 2 sets global climate change response goals.
• Article 3 guides implementation principles and commitments.
• Article 4 focuses on commitments for developed countries only.

The Kyoto Protocol (1997)

• Set emission reduction targets for developed countries.
• Aim to stabilize atmospheric greenhouse gas concentrations.
• Enhance commitments under the UNFCCC.
• Focus on emission reduction commitments.

The Paris Agreement (2015)

• Establishes commitments for greenhouse gas mitigation, climate change adaptation, and support for developing countries.
• Based on voluntary contributions to reduce emissions.
• Aims for global peaking of emissions and climate neutrality by mid-century.
• Operates on a five-year cycle for commitment reviews.

India and Its Impact on Climate Change

• India is highly vulnerable to climate change, with half of its population dependent on agriculture. It is the third-largest emitter of greenhouse gases, following China and the United States. India's annual carbon dioxide emissions are projected to increase significantly by 2035. The energy sector contributes 8% to net emissions, industry 22%, agriculture 17%, and waste 3%.
• Climate change and energy are now critical global issues. Although India had a low per capita emission rate in the past, it now plays a crucial role in international negotiations. India must diversify its policies to develop clean energy sources, improve energy efficiency, and prepare for climate change impacts.

Role of Judiciary

• Judicial Proceedings: The principles governing environmental laws in India are shaped through judicial proceedings in the Supreme Court and High Courts.
• Wide Range of Areas: The Supreme Court's judgments cover various areas such as air, water, solid waste, and hazardous waste.
• Closure of Polluting Industries: The Supreme Court has ordered the closure of polluting industries and harmful aqua farms.
• Environmental Protection: The Court has stopped illegal mining activities, mandated cleaner fuel for vehicles, and protected forests and architectural treasures like the Taj Mahal.

Judgments Given by Various Courts Relating to Environmental Laws

• M.C. Mehta v. Union of India (1986): The Supreme Court established the principle of absolute liability for compensating victims of pollution caused by hazardous industries. This means that anyone involved in hazardous activities is liable, regardless of precautions taken.
• Ganesh Wood Products v. State of Himachal Pradesh (1995): This ruling expanded the definition of forest and restricted non-forest operations on forest land without prior consent from the central government.
• M.C. Mehta v. Kamal Nath (1996): The Supreme Court recognized the Public Trust Doctrine, which obligates governments to protect and conserve natural resources like rivers, lakes, and forests.

Conclusion

International cooperation is essential to tackle the various environmental challenges faced by the planet, such as climate change, which is driven by factors like high population density, industrial activity, and the need to preserve cultural heritage. Countries are currently reforming their economies to address these challenges and move towards sustainable development. Achieving economic and environmental goals requires strengthening the implementation of environmental policies and better integrating environmental considerations into government action. It is important to enhance human and budgetary resources, simplify legislation and regulations, and strengthen accountability mechanisms for all levels of government and industry.