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International Environmental Protection Efforts

environment law

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0% found this document useful (0 votes)
45 views12 pages

International Environmental Protection Efforts

environment law

Uploaded by

firdoushumma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Key International Efforts for Environmental Protection with special reference

to the following:
(a) Stockholm and Rio Declaration
(b) Agenda 21
(c) Sustainable Development: Salient Features
(d) Convention on Biological Diversity, 1992
(e) UN Framework Convention on Climate Change, 1992
(f) Kyoto Protocol, 1997
(g) Post – Kyoto Developments.

Introduction- How blessed the countries are, as we are surrounded by beautiful


nature and wildlife. In our surrounding, so many species are there which require a
need to protect them as well as to conserve the environment. The exploitation of the
environment can deplete the natural resources and in result will make everyone’s
survival difficult. For human beings to survive, the environment needs to be clean,
fresh and eco-friendly.

It has been rightly said by Margaret Mead that “We won’t have a society if we
destroy the environment”.

Issues of environment protection


The need to protect the environment has arisen and it is important to understand the
key areas where all the countries have to look upon and work. The main reasons for
the protection are:-
● Ozone depletion, greenhouse effect and global warming
● Desertification
● Deforestation
● Loss of biodiversity
● Disposal of wastes

Need for environment protection


It is the need of the moment that people, government, leaders etc. to cater to
environmental degradation which is getting worse day-by-day due to the ignorance
of the people towards the environment. Many government organisations, NGOs etc.
have taken initiative to protect the environment but it can only be protected when the
people with the understanding and enthusiasm protect and conserve the
environment.

Few of the examples where we can see the environment changing due to
global warming are:- Kerala floods India in 2019, where almost all the districts of
Kerala were affected, Australia bushfire 2019 and many more issues.

According to Argentinian research station thermometer, on 7th February 2020,


Antarctica has recorded the hottest temperature so far which is 65 degrees
Fahrenheit (18.27-degree Celsius) though officially WMO has not verified the finding
yet as it will require a panel of atmospheric science experts from around the world to
discuss the station’s data.

Therefore, to save the environment, many efforts were made at international level in
form of various treaties and conventions- for the improvement and protection of the
environment.

Few of them are -


(a) Stockholm and Rio Declaration

The Stockholm and Rio Declarations are outputs of the first and second global
environmental conferences, respectively, namely the United Nations Conference on
the Human Environment in Stockholm, June 5-16, 1972, and the United Nations
Conference on Environment and Development (UNCED) in Rio de Janeiro, June
3-14, 1992. Other policy or legal instruments that emerged from these conferences,
such as the Action Plan for the Human Environment at Stockholm and Agenda 21 at
Rio, are intimately linked to the two declarations, conceptually as well as politically

STOCKHOLM
The United Nations hosted the very first conference on the Human Environment
which was held in 1972 in Stockholm (Sweden), and officially it is known as the
Stockholm Declaration of 1972. The conference was held for a basic common
outlook on how to address the challenge of conserving and enhancing the human
environment.

The main principle of the Stockholm declaration was “to serve as a practical
means to encourage and to provide guidelines to protect and improve the human
environment and to remedy and prevent its impairment”.

Stockholm conference
The Stockholm Conference was the first conference conducted by the United
Nations Conference on Human Environment that focused on Environmental Issues
at the International level. This conference was organised in Stockholm (Sweden)
from 5th to 16th June 1972 and it was the very first conference which communicated
the Environmental Issues at the International level and tried to find a way to tackle
the air, land and water pollution by working together as a unit to safeguard the
human environment for a better tomorrow. The Stockholm Conference was attended
by 114 government delegations.

Stockholm declaration
The Stockholm Declaration of 1972 broadly recognizes global issues and has
eventually come up with 26 principles and with some frameworks as well to bind all
the countries together to deal with these environmental issues. The conference has
created history in the world by addressing environmental issues at the global level.
The main purpose of the Stockholm Declaration was to save the world from all the
evils that were destroying the environment, to preserve natural resources, to control
the pollution and to protect from several other environmental issues. In other words,
we could say that the main purpose was to save the earth, there even is a
slogan of the Stockholm Declaration, 1972 i.e., “Only One Earth”.

Important Provisions
The Stockholm Declaration, 1972 comprises the proclamation of 26 principles and
several other submissions of recommendations. Every principle which is laid down in
the Stockholm declaration is an important provision of the declaration. These 26
principles are as follows:

● Principle 1: Right to Protect Environment


● Principle 2: Management of Natural Resources
● Principle 3: Management of Renewable Resources
● Principle 4: Conservation of Wildlife
● Principle 5: Management of Non-Renewable Resources
● Principle 6: Pollution Control
● Principle 7: Prevention of Pollution of Seas
● Principle 8: Economic and Social Development
● Principle 9: Underdevelopment and Natural Disaster
● Principle 10: Stability of Prices of Primary Commodities
● Principle 11: Environmental Policies
● Principle 12: Environment Protection Education
● Principle 13: Rational Management of Resources
● Principle 14: Rational Planning
● Principle 15: Human Settlement
● Principle 16: Human Population
● Principle 17: Setting of Environmental Pollution Control Agencies at National
Level
● Principle 18: Use of Science and Technology
● Principle 19: Education in Environmental Matters
● Principle 20: Further Scientific Research
● Principle 21: Rights and Responsibility of Sovereign Nation
● Principle 22: Development of International Law
● Principle 23: Implementation of Agenda by Every Country.
● Principle 24: International Cooperation
● Principle 25: Coordinated and Dynamic Role
● Principle 26: Ban on Nuclear Weapons

Conclusion
To conclude we can say that the Stockholm Declaration had created history in the
world as it was the first conference which was hosted by the United Nations on
environmental issues at the global level. The conference emphasizes various nations
to come up with innovative plans in order to lower the air, water and land pollution.
114 other countries had also attended the conference. The declaration was made to
achieve environmental goals, to live in a pollution-free environment, and save the
earth from every type of abuse against the environment.

Rio Declaration

The Rio Declaration on environment and development was approved by the United
Nations during the Conference on Environment and Development held in Rio de
Janeiro in June 1992. It was aimed at reaffirming the Declaration of the United
Nations Conference on the Human Environment, adopted at Stockholm in June
1972.

The Rio Declaration states that long term economic progress is only ensured if it is
linked with the protection of the environment. If this is to be achieved, then nations
must establish a new global partnership involving governments, their people and the
key sectors of society. Together human society must assemble international
agreements that protect the global environment with responsible development.

There are a number of principles to the Rio Declaration.

● People are entitled to a healthy and productive life in harmony with nature.
● Development today must not threaten the needs of present and future
generations.
● Nations have the right to exploit their own resources, but without causing
environmental damage beyond their borders.
● Environmental protection shall constitute an integral part of the development
process.
● Eradicating poverty and reducing disparities in living standards in different
parts of the world are essential if we are to achieve sustainable development
whilst meeting the needs of the majority of the people.
● Environmental issues are best handled with the participation of all concerned
citizens.
● The polluter should, in principle, bear the cost of pollution.
● Sustainable development requires better scientific understanding of the
problems. Nations should share knowledge and technologies to achieve the
goal of sustainability.

Conclusion - To conclude, we can say that The Declaration adopted a set of


principles to guide the future development. These principles define the right of
people to development, and their responsibilities to safeguard the common
environment. The Rio Declaration states that the only way to have long term
economic progress is to link it with environmental protection. This will only happen if
nations establish a new and equitable global partnership involving governments,
their people and key sectors of societies. They must build international agreements
that protect the integrity of the global environment and the developmental system.

(b) Agenda 21

Agenda 21 meaning
Agenda 21 was a part of the Earth Summit under the United Nations Conference on
Environment and Development. It was made in favour of sustainable development.
Agenda 21 is an action plan of the United Nation and it is non-binding in nature.

Agenda 21 is in reference to the 21st Century and that is what the number 21 stands
for in Agenda 21. The main focus of Agenda 21 is to attain sustainable development
throughout the world and to commit every local government of every country to make
their own Agenda 21 plans to secure sustainable development.

It came into existence at the Rio Earth Summit in the year 1992 and the slogan for
Agenda 21 was “think globally and act locally”.

Evolution of Agenda 21
Agenda 21, established at the 1992 United Nations Conference on Environment and
Development, or “Earth Summit”, in Rio de Janeiro, Brazil, is the blueprint for
sustainability in the 21st century. Agenda 21 is a commitment to sustainable
development, which was agreed by many of the world’s governments.

The Conventions, Principles and Declarations of the Earth Summit, provide


guidelines to deal with the problems of poverty, hunger, resource consumption and
the deterioration of ecosystems. Agenda 21 provides a format for this to happen,
detailing an action plan for sustainable development and establishing targets for
actions that combine economic development and environmental protection.

Agenda 21:
● Is the blueprint for sustainability in the 21st century.
● Provides options for combating the deterioration of land, air and water, whilst
conserving habitats and their diversity.
● Deals with poverty, over consumption, health and education.
● Promotes roles for all. Governments, business, trade unions, scientists,
teachers, indigenous people and youth have roles to play in achieving
sustainable development and should be involved in the decision making
processes.
● Encourages the reduction of environmentally and socially detrimental
processes, but within a framework which allows economic success.
Structure and contents of Agenda 21
Agenda 21 is divided into four sections and each section clears out the plan for
Agenda 21.

● Section I: Social and Economic Dimensions - Section I of Agenda 21


which talks about Social and Economic Dimensions can further be divided into
7 parts and these 7 parts are as follows:

1. International collaboration to speed up sustainable development in developing


countries and the introduction of new policies
2. Combating poverty
3. Changing consumption patterns
4. Demographic dynamics and sustainability
5. Promoting and protecting human health
6. Promoting sustainable human settlement development
7. Integrating environment and development in decision making

● Section II: Conservation and management of resources for development


● Section III: Strengthening the role of major groups
● Section IV: Means of Implementation

Criticism
Agenda 21 faced many criticisms when it was introduced in the Rio Declaration in
the year 1992. Especially in the United States, the people opposing Agenda 21 had
to say that Agenda 21 is a means to force people out of their homes and cities. The
SDG or the Sustainable Development Goals were also criticised for the lack of
having any fundamental priorities and having too many goals and objectives.

Another criticism was that there was a lack of obligatory laws and most of the laws
were left upon the discretion of the member state countries and hence this made the
whole of Agenda 21 and the Rio Declaration weaker.

Conclusion
To conclude, we can say that Agenda 21 was dynamic in nature and it identified that
our environment needs protection. But the fact that it lacked proper guidance and
planning and development goes on to show that we are in need of better policies
which are clear and binding upon countries.
(c) Sustainable Development: Salient Features

(d) Convention on Biological Diversity, 1992

Introduction- Convention on Biological Diversity is a legally binding treaty , which


came as an outcome of the Earth Summit in Rio de Janeiro on 5 June 1992 and
entered into force on 29 December 1993. It is commonly known as “Biodiversity
Convention“.

Objectives
It’s objectives are:
● Conservation of biological diversity (or biodiversity);
● Sustainable use of its components; and
● Fair and equitable sharing of benefits arising from genetic resources

The idea is to develop national strategies for the conservation and sustainable use of
biological diversity. The convention affirms the following:

1. Intrinsic value of biodiversity


2. Biodiversity conservation as common concern of humankind
3. Sovereign rights of States over their biological resources
4. Responsibility of States to conserve and sustainable use their biodiversity
5. Precautionary approach towards biodiversity conservation
6. Vital role of local communities and women
7. Need for provision of new and additional financial resources and access to
technologies for developing countries to address biodiversity loss.’

Members and Signatories to CBD


There are 196 parties and 168 signatories to the CBD, including India. The US has
signed but not ratified the convention. Main concerns of the United States are the
CBD provisions, which call for technology transfer to developing countries. The US
thinks that it could threaten US intellectual property interests. Further, there is
another reason that the obligations for financial aid under the CBD are vague.
Strangely, the other developed countries have not shared these concerns.

Administration
The governing body of CBD is the Conference of the Parties (COP), consisting of all
governments (and regional economic integration organizations) that have ratified the
treaty. So far twelve meetings of COP have taken place. The last meeting was held
in October 2014, in Pyeongchang, South Korea. In 2012, India had hosted COP-11
at Hyderabad.
The CBD Secretariat is based in Montreal, and it operates under the United Nations
Environment Programme. There is a Subsidiary body for Scientific, Technical and
Technological Advice (SBSTTA), which has experts from member governments
competent in relevant fields. It plays a key role in making recommendations to the
COP on scientific and technical issues.

Importance of CBD
CBD is a landmark in international law on environment because:

● For the first time it recognized that the conservation of biological diversity is “a
common concern of humankind” and is an integral part of the development
process.
● It covers all ecosystems, species, and genetic resources.
● It links traditional conservation efforts to the economic goal of using biological
resources sustainably.
● It sets principles for the fair and equitable sharing of the benefits arising from
the use of genetic resources, notably those destined for commercial use.
● It also covers the rapidly expanding field of biotechnology, addressing
technology development and transfer, benefit-sharing and bio-safety.
● Since the Convention is legally binding; countries that join it are obliged to
implement its provisions.

Protocols to CBD
The two protocols to CBD are Cartagena Protocol on Biosafety and Nagoya
Protocol.

Cartagena Protocol on Biosafety


The Cartagena Protocol on Biosafety was adopted in 2000 and it is a legally binding
protocol as part of CBD. Is related to “Biosafety measures'', i.e. Biosafety concerns
related to import & export of Living Modified Organisms (LMOs) and commodities
made from them. There are two major components of Cartagena Protocol viz.
Advance Informed Agreement (AIA) Procedure and Biosafety Clearing House.

Nagoya Protocol
This protocol, also known as Biodiversity Accord; saves the developing countries
from “foreign illegitimate bioprospecting”. In earlier times, such bioprospectors would
come, search for natural substances, develop a drug, got it patented and sold in
markets at high price. No benefit was given to the country from which that natural
substance was sourced.

Conclusion- To conclude, we can say that The United Nations Convention on


Biological Diversity (UNCBD) is a United Nations treaty that is responsible for the
conservation of Biological Diversity around the world.
(e) UN Framework Convention on Climate Change, 1992

United Nations Framework Convention on Climate Change (UNFCCC) is an


international environmental treaty which was adopted on 9th May 1992, and it was
opened for signature at the United Nations Conference on Environment and
Development. It is also known as Rio de Janeiro Earth Summit or Rio summit. It
came into force on 21st March 1994. Almost every country on earth has ratified this
convention.

It is an agreement made on climate change and mainly focuses on the prevention of


dangerous actions or interference by humans on climate change or on the
environment. The parties also agreed towards the stabilization of greenhouse gas
emissions. Every party/country by signing to this convention has dedicated
themselves to do the regular reporting regarding the level of greenhouse emissions
and also their initiation to reduce the interference.

Achievements
● Kyoto protocol only required wealthy nations to cut emissions, which was a
bone of contention; however this anomaly was corrected with the signing of
the Paris agreement in 2015.
● UNFCCC initiatives helped create Public awareness regarding climate
change, which is much higher today than in the late 90s.
● Although climate science in the late 90s was certainly strong enough—to
negotiate an international treaty, it is hard to deny that the scientific
understanding of the climate crisis has improved considerably over the past
two decades in which UNFCCC played a significant role.
● UNFCCC has enabled planning and implementation of concrete adaptation
activities under the National Adaptations Programme of Action (NAPAs) and
the Nairobi work programme.
● UNFCCC helped create innovative ideas in mitigating climate change like the
Clean Development mechanism (CDM) under which developing country’s
projects that reduce emissions earn credits that can be sold to countries or
companies with a commitment to reduce emissions.
● Since the establishment of UNFCCC national governments have encouraged
and increased cooperation on the development and transfer of technology.
● UNFCCC efforts support developing countries in combating climate change
by providing a platform for finance, technology transfers, discussions, global
partnerships, etc.

Conclusion- To conclude we can say that the Convention’s ultimate objective is “to
achieve stabilization of greenhouse gas concentrations in the atmosphere at a level
that would prevent dangerous anthropogenic interference with the climate system”.
(f) Kyoto Protocol, 1997

Introduction- Kyoto Protocol, also referred to as the Kyoto Protocol to the United
Nations Framework Convention on Climate Change was an environment related
treaty that was signed in the city of Kyoto in the year 1997.

The Kyoto Protocol was named after the Japanese city of Kyoto. The main aim of the
Kyoto Protocol was to work towards reducing the emission of greenhouse gases.
The six identified green gases were Carbon Dioxide, Methane, Nitrous Oxide,
Perfluorocarbons, Hydro-fluorocarbons and Sulfur Hexafluoride. These six gases
were known to be causing global warming and the main aim of the Kyoto Protocol
was to reduce the amount of emission of greenhouse gases.

Background - It came into effect in the year 2005 and the Kyoto Protocol wanted 41
countries and the European Union to participate in the protocol. The Kyoto Protocol
wanted those 41 countries and the European Union to reduce the emission of
greenhouse gases to 5.2 percent. The process of reduction was scheduled in the
“Commitment Period” and the commitment period was from the year 2008 to 2012.

The Kyoto Protocol is based on the principle of common but differentiated


responsibilities, keeping in mind the socio-economic development of the concerned
countries and the polluter pays principle. It is one of the important international
environment protocols.

The protocol’s first commitment period started in 2008 and ended in 2012. 36
countries had participated in the first commitment period. 9 countries opted for
flexibility mechanisms since their national emissions were greater than their targets.
Hence these countries funded emissions reductions in other countries.

Doha Amendment
In Doha, Qatar, on 8 December 2012, the Doha Amendment to the Kyoto Protocol
was adopted for a second commitment period, starting in 2013 and lasting until
2020. However, the Doha Amendment has not yet entered into force; a total of 144
instruments of acceptance are required for entry into force of the amendment.

Means suggested by the Kyoto Protocol

The Kyoto Protocol laid down many measures which aimed at reducing greenhouse
gases emission.

● The first method that the Kyoto Protocol suggested was to use sinks. Sinks
are actually natural processes, an example of a sink would be planting of
trees to remove carbon dioxide. It was the most basic method introduced by
the Protocol.
● The second method introduced by the Kyoto Protocol was subsidies. The
Kyoto Protocol suggested its participating countries provide subsidies to
industries. The method stated that the Government should pay subsidies to
the industries as per the amount of greenhouse gas emissions they reduce. It
was supposedly an effective measure.

● The third method was the introduction of taxes. The government may impose
a substantial amount of taxes for greenhouse gas emission. This would be a
two-way advantage for the government. First, the tax acts as a
revenue-generating mechanism for the government, second it would force
industries to produce fewer greenhouse gases.

● The fourth method was research and development policy. The international
program of Clean Development Mechanism invigorated developed countries
to capitalize on fresh and improved technology which would result in less
release of greenhouse gases.

● The fifth method was the use of green power or green power policy. Under the
green power policy, the government must help private firms and sectors to
use clean energy sources instead of fossil fuels or coal.

● The sixth method was part of the Kyoto Protocol’s flexibility mechanism and
that is International Emission Trading or IET. International Emission Trading
was a better alternative to subsidies or taxes. Under International Emission
Trading the government distributes a restricted number of licenses to release
definite air pollutants i.e. greenhouse gases for a specific extent of
time/duration. Such licenses can further be sold in the secondary market once
a company gets hold of it.

● The final method was joint implementation. Under joint implementation or JI,
one country from Annex I can invest its resources to another country from
Annex I. Such investment shall be related to any project that aims to reduce
greenhouse gases emission.

Criticism of the Kyoto Protocol


Even though the Kyoto Protocol was a treaty that involved almost all the big
countries of the world, it still received its fair share of criticism.

The biggest critique of the Kyoto Protocol was that it was insufficient to avert much
environmental damage. Also, the costs incurred for the Kyoto Protocol outweighs its
benefit. The Kyoto Protocol has a very generous limitation rate and a delusional view
on the effect of global warming.
Another factor for criticism is the fact that even though the Kyoto Protocol came into
force in the year 2005, it still uses its baseline as 1990. There had been lots of
changes by that time period. It makes it out-dated and irrelevant.

Also, the Kyoto Protocol exempted developing countries from the limitation rate
which was not required. China is a developing country and it was exempted but the
harsh fact is that China is the largest emitter of greenhouse gases. So the Kyoto
Protocol should have considered other factors other than the label of developed and
developing countries. The Kyoto Protocol also failed to address any long term impact
of such emissions and this makes the Protocol look less visionary.

Conclusion
To conclude, we can say that the Kyoto Protocol was dynamic in nature and it
identified that our environment needs protection. But the fact that it lacked proper
guidance and planning and development goes on to show that we are in need of
better policies which are clear and binding upon countries.

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