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International
Environmental
Law
An
Introduction
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Commons
TheConcept
HugoGrotius
GlobalCommons
Whatallcomesunderitsambit?
Howdoweprotectit?
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TheriseofanInternationalEnvironmentalLaw
ApartoftheInternationalLawthatgovernsnations
Derived from principles formulated during various conferences, declarations,
international institutions, international dispute redressal mechanisms etc
Why aseparatelaw?
Environmentprotectionbeyondborders
Riseofglobalizationleadingtoincreasedinteractionbetweennations
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InternationalEnvironmentalLaw
Scopeandambit
Sources
LeagueofNations PCIJ(Establishedin1920)
UnitedNations ICJ(Establishedin1945)
Article 38 of the Statute of the International Court of Justice:
(a) International Conventions
(b) International Custom
(c) General Principles of law recognized by civilized nations; and
(d) judicial decisions and the teachings of the most highly qualified publicists of
the various nations
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SOFT LAW vs. HARD LAW
SoftLaw HardLaw
Non Binding Binding
UNGeneralAssemblyResolutionsand
Declarations
Statements,principles,objectives,
Codes,Guidelines, Actionplans
SecurityCouncilResolutions
Customaryinternationalrules
Thoughnotbindingtheyare entered
intoingoodfaithandexpectedtobe
followed
Aretobefollowedandif notwouldgive
risetolegalconsequences
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DiscussionsforsuchaninitiativebeganatthebehestoftheUNGA
ChairedbyMauriceStrong,attendedby114states
Stresses
on
mans
part
in
protecting
the
environment
Environmentprotectionaffectsthewellbeingofpeopleand
economicdevelopment,worldwide
Populationexpansioncreatesmorestressontheenvironment
andshouldbetackled
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The Development vs. Environment Protection Debate
Right to development has been recognised by the United
Nations General Assembly on 04/12/1986 in the Declaration on the
Right to Development
The Concept of Sustainable Development
The report of The World Commission on Environment and
Development, a UNsponsored body proposed a global agenda for
change and specified how sustainable development can be
achieved
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Titled Our Common Future, it was published in 1987, and is named after the then
Chairperson of the Commission, Dr. Gro Harlem Brundtland.
The Report was also called theBrundtland Report.
Sustainable development is development that meets the needs of the present
without compromising the ability of future generations to meet their own needs.
the concept ofneeds, in particular the essential needs of the world's poor, to
which overriding priority should be given; and
the idea of limitations imposed by the state of technology and social
organization on the environment's ability to meet present and future needs
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United Nations Conference on Environment and Development(UNCED)
Also called the Rio Summit or the Earth Summit
Held at Rio de Janerio, Brazil between 3-14 June, 1992
The main objective:
elaborate strategies and measures
to halt and reverse the effects of environmental degradation
in the context of strengthened national and international efforts to
promote sustainable development and environmentally sound
development in all the countries.
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Development was aimed to be reached at
By supporting a socioeconomic development method
By preventing the deterioration of the environment
By bringing about global partnership to tackle the problem
Imbibed within it the principles of
Sustainable Development
Inter generational equity
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Section I of the UN Conference on Environment and Development held at Rio de Janeiro was
called asAgenda 21
It dealt specifically with the social and economic dimensions of environmental problems.
It is a comprehensive action plan to develop global partnership for Sustainable
Development.
Comprises of 40 chapters
Lays down the ways and means in the reduction of wasteful and inefficient consumption
patterns.
Recognizes the role that industrialized countries need to play in
greening the environment
extending financial aid to the developing countries to achieve sustainabledevelopment
transfer technology and transfer of information and skills
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TheCommissiononSustainableDevelopment(CSD)wascreatedinDecember1992
ItwasagreedthatafiveyearreviewofEarthSummitprogresswouldbemadein1997by
theUnitedNationsGeneralAssemblymeetinginspecialsession
The
World
Summit
on
Sustainable
Development
(WSSD)
HeldinJohannesburg,SouthAfricafrom26Augustto4September2002.
Aimed to hold a 10 year review of the Rio Conference to reinvigorate global commitment to
sustainable development.
Widely attendedover 180 nations
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Full implementation of Agenda 21,
the Programme for Further Implementation of Agenda 21 and
the Commitments to the Rio principles,
were strongly reaffirmed and steps were initiated to make sure that the goals
were achieved.
Two main outcomes
A WSSD Plan of Implementation
The Johannesburg Declaration on Sustainable Development.
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WSSD
Plan
of
Implementation
Framework
to
implement
the
sustainable
development
objectives
laid
down
in1992
Chapters
on
(i)povertyeradication
(ii)consumptionandproduction
(iii)thenaturalresourcebase
(iv)health
(v)smallislanddevelopingstates
(vi)Africa
(vii)otherregionalinitiatives
(viii)meansofimplementation,and
(ix)institutional
framework
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As far as regional initiatives are concerned, it aims at
capacity building for sustainable development
poverty reduction
cleaner production and sustainable energy
land management and biodiversity conservation
protection and management of and access to freshwater
resources; oceans, coastal and marine resources
sustainable development of small island developing states and
atmosphere and climate change.
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Johannesburg
Declaration
on
Sustainable
Development
Itisabriefpoliticalstatement
Didnotsetoutanyprinciples
It brought about a general philosophical contextualization of what was laid in the plan
of implementation
Emphasizes political commitment
to sustainable development
building a humane, equitable and caring global society
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Threepillarsofsustainabledevelopment
economicdevelopment
socialdevelopment
environmentalprotection
The Declaration states that these must be further integrated as interdependent and
mutually reinforcing
It emphasizes the need to
eradicate poverty
change consumption and production pattern
protect and manage the natural resource base
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Bringforth
the
need
for
access
by
developing
countries
to
financial
resources
Foropeningofmarkets
Transferoftechnology
Theprivate
sectors
to
enforce
corporate
accountability
It pledges to address threats posed by foreign occupation and armed conflict,
corruption, terrorism and intolerance in all forms, and to combat
communicable and chronic diseases
