Historical background and scientific foundation

 This Paper deals Historical background and scientific foundation and this Paper is written by BBA-LLB STUDENT

International treaties, customary international law, and judicial judgements from international

tribunals are the three most significant sources of authority in international environmental

law. The concept of customary international law refers to a body of norms that have been

followed by governments from their inception. When a major catastrophe occurs that might

have an effect on the environment, it is necessary to alert a neighbouring country.

International environmental law is profoundly affected by every decision made by the

International Court of Justice and the International Tribunal for the Law of the Sea. The

"polluter pays principle," which was created by an international arbitration panel, holds that a

polluting country must compensate a damaged country. A nation's sovereignty gives it the

power to act as the primary obstacle to the establishment of any international norms. If you

believe in the notion of national sovereignty, then each country has complete control over

everything that occurs within its borders.

Some of the earliest issues to get widespread notice in the twenty-first century were those

relating to the environment, such as the degradation of ecosystems and the overexploitation

of flora and fauna. The non-governmental organisation International Union for the

Conservation of Nature (IUCN) has issued a plea to all nations to protect their native flora

and fauna from extinction. To conserve endangered flora and fauna, the world community

has come together to create the Convention on International Trade in Endangered Species of

Wild Flora and Fauna (CITES). The year 1972 saw its signing, and 1973 saw its

implementation. One hundred seventy-two countries take part in this trade regularly.

Environmental Law on a Global Scale

When two or more nations have a dispute over the state of the environment, international

environmental law is one area of public international law that is used to resolve the issue. The

topic at hand is the prevention of environmental degradation. According to Article 38 of the

ICJ Statute, a multilateral environmental accord is a type of international convention whose

primary concern is environmental protection.

• Multilateral Environmental Agreement

To achieve particular environmental goals, governments have entered into a number of

legally enforceable international instruments known as international environmental

agreements. International accords include things like treaties, conventions, declarations,

agreements, and protocols. According to the theory of international treaties controlling

international relations, a multilateral treaty is one that binds only those states who have

elected to be bound by it. In other words, they are powerful tools for enforcing rules that help

advance sustainable development goals.

• Towards a Sustainable Future

Due to the rapid depletion of natural resources, the concept of sustainable development has

assumed more importance. It's the idea that progress may be made that satisfies the

requirements of the present without jeopardising the ability of future generations to achieve

the same objectives. Sustainable development should be encouraged as it is the type of

expansion that has the smallest negative impact on the natural world. This may be achieved

by putting limits on human actions and speeding up technological development. It's not

sustainable to consume renewable resources faster than they can be replenished. Sustainable

practises in development include using renewable energy sources like wind and solar power

and constructing buildings with little impact on the environment.

The Administration of Environmental Law on a Global Scale

On June 23, 2014, the United Nations Environment Assembly (UNEA) officially opened its

doors in Nairobi as the highest-level United Nations body gathered on the environment. All

193 UN member states and other stakeholder organisations are represented in the UN

Environmental Assembly (UNEA), which reports directly to the General Assembly. With the

help of these individuals, this new organisation has created a historically novel platform for

global environmental policy leadership.

Declaration and treaties

• Since the United Nations Conference on Human Environment in 1972, this paper

represents the first serious attempt to take into consideration the worldwide human

impact on the environment, as well as the international effort to handle the issues of

environmental conservation and enhancement.

• Commonly referred to as "the Rio Earth Summit," the Rio Proclamation on

Environment and Development was a short proclamation released by the United

Nations Conference on Environment and Development (UNCED) in 1992. In its

history, this was the first time the United Nations General Assembly had passed a

declaration. With the intention of directing future global sustainable development, the

text covers a total of 27 subjects.

• Research is challenging environmental customary law and other bigger notions like

precautionary principles and sustainable development. Due to the rapidity with which

information about the global environment has entered the international political

agenda, customary law has taken a backseat to treaty law in the evolution of legal

standards.

• The international community has recognised the significance of controlling harmful

environmental activities by ratifying treaties.

• A plethora of multilateral and regional environmental agreements define state

responsibilities and rights.

• It is imperative that suitable policies and processes be put in place to deal with the

difficulties posed to environmental protection by the inevitable rise in population.

Action in Response to Climate Change

An increase in the average surface temperature of the Earth's atmosphere, sometimes known

as "global warming." As has been previously established, the burning of fossil fuels is a

primary cause of global warming because it releases greenhouse gases into the air, the most

significant of which is carbon dioxide (CO2). In addition to global warming, human activities

like farming and cutting down trees are making the planet hotter and drier.

• The United Nations Framework Convention on Climate Change acts as a global

overarching framework for addressing climate change. The accord, which dealt with

greenhouse gases not included by the Montreal Protocol, was established during the

1992 Rio Conference. Article 2 of the United Nations Framework Convention on

Climate Change aims to determine the global response to climate change through the

application of a broad objective and specific criteria for determining a feasible

timeline. The convention's guiding principles are laid forth in Article 3 of the United

Nations Framework Convention on Climate Change. There will be repercussions for

the established commitments as a result. Developed country parties have unique

duties under Article 4 of the UN Framework Convention on Climate Change.

• In 1997, industrialised nations joined the Kyoto Protocol, which set binding targets

for cutting carbon emissions. According to him, the Convention on Climate Change

should aim to maintain atmospheric concentrations of greenhouse gases (GHGs) at

safe, non-disruptive levels. The project's overarching objective is to make good on the

various commitments made in the name of the Convention on the Rights of the Child.

The pledges to lower emissions of greenhouse gases are highlighted.

• The Paris Agreement of 2015 establishes concrete statutory and voluntary obligations

for lowering greenhouse gas emissions, coping with the negative effects of climate

change, and providing aid to the world's poorest nations. Additionally, the pact calls

on developed nations to report on their activities' implementation status. It relies on

voluntarily made contributions to reduce emissions, particularly in the context of

adapting to climate change, and to increase reporting standards. There is a

synchronised five-year cycle for the Paris Agreement's implementation that all

participating countries adhere to. They hope to reach a climate-neutral globe by the

middle of the century by achieving a global peak in greenhouse gas emissions as soon

as possible.

Impact on Climate Change: India's role

Protection of environment

The concept of environmental law as a global issue is a recent one. Incorporating

environmental issues into its Fourth Five-Year Plan (1969-74) to promote harmonious

development and recognise the interdependence of nature and humans, India did so on a

national level three years before the Stockholm Conference. In order to carry out this sort of

planning, it is necessary to conduct a comprehensive analysis of environmental obstacles.

According to the United Nations, India is among the countries that are most vulnerable to the

effects of global warming. In India, the agricultural sector supports more than half of the

population. India has just surpassed the United States and China as the third largest

contributor to global warming. By 2035, it is projected that India's annual carbon dioxide

emissions would have increased by more than 2.5 times the levels seen in 2008. While the

energy industry is responsible for around 8% of net carbon dioxide emissions, other major

contributors include manufacturing (22%), agriculture (17%), and waste management (3%).

Municipal, state, and national governments on every continent are focusing their attention on

climate change and energy. Because of its low per capita emission rate, India was previously

exempt from responsibility for its greenhouse gas emissions. However, as a major player in

international negotiations, India now faces increased pressure to diversify its energy portfolio

in order to meet growing demand while mitigating climate change's negative economic

impacts.

Role of Judiciary

It is the role of the Supreme Court of India and the High Courts of India to establish the

guidelines by which India's environmental laws are enforced. Over the years, the Indian

Supreme Court has been instrumental in clarifying the meaning of laws and setting the

standards by which Indian law and the Indian Constitution must be interpreted. Air pollution,

water quality, solid waste, and hazardous waste management are only few of the many issues

covered by the Supreme Court's judgements and orders. Its decisions have resulted in the

closure of polluting businesses and the prevention of damage from aqua farms, the prevention

of unlawful mining, the mandate of cleaner automobile fuel, the protection of forests, and the

preservation of architectural marvels like the Taj Mahal.

Development of Judicial Doctrine and Principles

The Indian judicial system has made significant theoretical contributions to environmental

law. Article 253 of the Indian Constitution details the procedure that must be followed for

decisions made at international conventions and conferences to be recognised in Indian law.

Significant steps forward in the evolution of environmental law in India may be traced back

to the creation and application of doctrines in the context of environmental protection in the

judicial process.

The Indian Supreme Court has made several crucial constitutional interpretations in the areas

of health and the environment:

• The Indian Supreme Court held in Subhash Kumar v. State of Bihar that Article 21 of

the Indian Constitution protects the right to clean drinking water and air.

• For the first time in Indian history, justices applying environmental law emphasised

the importance of protecting the natural world and human health in the Vellore

Citizen's case. This movement is known as Sustainable Development.

• The Supreme Court of India ruled in the case Rural Litigation and Entitlement

Kendra, Dehradun v State of Uttar Pradesh that people's rights to a healthy

environment must be protected and defended, regardless of the financial

consequences that may be incurred.

Article 21 of India's Constitution guarantees the right to life and human rights, which

includes the right to clean drinking water as a basic necessity (Constitution of India).

The Supreme Court of India developed numerous essential principles necessary for a healthy

environment while including diverse components within the basic right to life and liberty via

broad interpretation.

The Polluter Pay Concept

The principle of "polluters pay" is a legal principle that was established to prevent pollution.

The concept's end objective is to create a global ecosystem that can support human activity

without compromising future generations' ability to live in a healthy environment. Historians

of the environment claim that the Polluters Pays Principle, in one form or another, has been

used in environmental management since the nineteenth century. .. Since its inception in

1972, the OECD's Principles Concerning International Economic Aspects of Environmental

Policies (Directing Principles Concerning International Economic Aspects of Environmental

Policies) have ensured that those responsible for destroying the environment face

consequences. The one who causes pollution to the environment must pay for the damages.

The subsequent Rio Declaration laid forth the principles of sustainable development, which is

described as a strategy for addressing the demands of the present without jeopardising the

needs of the future. The Declaration of Rio's Purpose The Polluter Pays Principle, which

asserts that those who cause pollution should bear the costs of that pollution, was formalised

as Principle 16 of the Rio Declaration. More than 175 countries throughout the world have

agreed with this basic tenet.

The Polluter Pays Principle (PPP) states that whomever causes pollution to the environment,

in any form, is responsible for fixing the harm they've done and making things right again,

regardless of their motives. People have an obligation to take care of and protect their

environment as a result of this idea at its core.

The Indian judicial system has accepted this principle in a number of previously decided

cases. The Supreme Court's consistent application of the Polluter Pays Principle in recent

cases demonstrates its acceptance of environmental law's cornerstone principle.

The concept argues that if a person participates in a potentially harmful activity and as a

result, harm is caused to the environment, then that person is fully responsible for all

damages, regardless of whether or not they used reasonable care while doing the activity.

Therefore, the focus of this rule is on the nature of the activity rather than the specifics of

how that action is carried out.

According to a recent announcement and ruling by India's highest court, the polluter-pays

principle and the precautionary principle are integral parts of Indian environmental law and

must be put into practise. According to the Court, the core of the Polluter Pays Principle is

that anyone causes environmental damage should be held fully responsible for doing

whatever it takes to fix the situation back to how it was before the polluter acted.

Conclusion

It is generally understood that our planet faces several environmental challenges, many of

which may be overcome via concerted worldwide effort. Due to factors such as rising

temperatures and the importance placed on preserving natural habitats and cultural artefacts,

environmental preservation has emerged as a central topic of discussion in international

policy circles.

The focus of many nations is currently on economic restructuring, which has moved some of

the world's most pressing development challenges. Improving environmental legislation and

incorporating environmental considerations into other sectors of the economy are also crucial

to achieving its economic and environmental goals. In order to effectively integrate the

organisation with government operations, it is commonly recommended to enhance its human

and financial resources and organisational structure. Simplifying existing rules and

regulations will make it easier to enforce them and will strengthen the accountability system

for all tiers of government and businesses.