EL Module-1
EL Module-1
EL Module-1
INTRODUCTION
The concept of environmental protection is not limited to one country or region. Therefore, there
was a growing need for international intervention in the world and various efforts were made to
do so.
The proposals and declarations made by those efforts were a major turning point in international
environmental law.
Among them is the Stockholm Convention of 1972.
- The Stockholm Conference was attended by 114 government delegations and numerous non-
governmental organizations.
- The conference came up with several frameworks for environmental actions, an action plan
containing 109 recommendations related to human settlements, development, natural resource
management, educational and social aspects of the environment, pollution and International
organizations.
- The Declaration urges every country to create regulations for protecting wildlife and natural
resources that are available in that country and suggests that every country create national
population policies since overpopulation is also one of the major causes why we are left with
limited natural resources today.
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: Article 21 of the Indian Constitution which talks
about Right to life includes Right to a healthy environment as well. It is the human right of a man
to live in a healthy environment and to protect the environment and the human can take any legal
action against the one who is destroying the environment, as the right to a healthy environment
is a fundamental right of a person.
Principle 2: Management of Natural Resources: The human must manage the natural resources
available on earth and it applies to all the natural resources which include air, water, land and
samples of the natural ecosystem so that the upcoming generations would also be able to enjoy
the natural resources. But this requires accurate planning and management and this would happen
only if we safeguard our natural resources today, we can save the natural resources for future
generation.
Principle 3: Management of Renewable Resources: In the war of saving our resources, the
human community needs to come up as one unit to maintain the capacity of the earth to produce
vital renewable resources.
Principle 6: Pollution Control: The main causes of pollution are the gases, liquid substances,
toxic substances or other substances which industries or mills discharge and such quantities of
harmful substances pollute the environment in which we live. Every person should put their
possible efforts and should protect the environment from pollution. Everyone has to struggle a bit
to control the pollution on the earth so that everyone enjoys nature without pollution.
Principle 7: Prevention of Pollution of Seas: The State government shall take some major
actions to protect the seas from pollution, especially from the industries that are polluting the
rivers by discharging hazardous chemicals in it and from the tourists who throw plastic in rivers
and other substances that are hazardous to human health and to living resources as well.
Principle 8: Economic and Social Development: Economic and Social development is essential
for ensuring a comfortable living but the act done by humans shall not affect the environment.
The working environment of men is necessary for the improvement of the quality of life but the
act shall be in such a way that our environment does not suffer due to that and we would be able
to live in a pollution-free environment.
Principle 10: Stability of Prices of Primary Commodities: The stability of prices and adequate
earnings for primary commodities and raw materials are essential for environmental management
in the developing countries.
Principle 11: Environmental Policies: The government should introduce some environmental
policies for controlling pollution and for the development of countries so that pollution does not
affect the present and future generations. The State should adopt an integrated and coordinated
approach to developing such plans.
Principle 12: Environment Protection Education: Humans need to be educated about
environmental protection to make them much aware about the issue. It is essential and it should
be communicated to humans by conducting skits or through media or any other medium to make
people aware of the environmental crisis so that people would work effectively to control the
pollution by putting their efforts.
Principle 13: Rational Management of Resources: It is essential for every State to adopt an
integrated and coordinated approach for the development of the country and every plan must work
in an effective way. The purpose behind is to achieve the rational management of resources.
Principle 14: Rational Planning: Rational planning is an essential tool for confirming any
clashes between the needs of development and the need to protect and improve the environment.
Principle 15: Human Settlement: The settlement of the human community must be planned and
organised well for the purpose of avoiding the effects on the environment.
Principle 16: Human Population: The government has to introduce some policies for
controlling the population and must work according to such policies, with the view for controlling
the population on the earth as it is one of the major issues of the earth and we should work
effectively to control it. Today most of the countries have a large population and increasing
population growth has adverse effects on the environment.
Principle 17: Setting of Environmental Pollution Control Agencies at National Level: For
the purpose of saving the environment, the government must establish Environmental Pollution
Control Agencies at national level and shall grant them the power to control the pollution at the
national level. The agency must be established with proper planning and management to control
the pollution and protect the resources.
Principle 18: Use of Science and Technology: In this generation Science and technology have
developed completely and it is suggested that the government should take some help of science
and technology to control the pollution and save the environment for a better tomorrow. Science
and technology must work in a manner to control environmental problems and must come up
with new research and innovations.
Principle 19: Education in Environmental Matters: The earth is suffering from pollution and
it is essential to educate humans about environmental matters to make people aware of the issues
of the environment, so that every individual, enterprise and community could put their joint
efforts for protecting and improving the environment in its full human dimension.
Principle 20: Further Scientific Research: The government must promote new scientific
research and innovations for the development in the context of environmental problems in all the
countries, especially in the developing countries.
Principle 21: Rights and Responsibility of Sovereign Nation: The sovereign nations must look
towards the activities of their nation and must take care that it would not affect the environment
in their jurisdiction and shall not cause damage to the environment of other states or areas beyond
the limits of their national jurisdiction.
Principle 22: Development of International Law: It is important that every State should
cooperate to develop International law regarding liability and compensation for the ones who are
polluting our environment, as we all have to fight as one unit to protect our environment against
the pollution.
Principle 23: Implementation of Agenda by Every Country: Without prejudice to such criteria
as may be agreed upon by the international community, or to standards which will have to be
determined nationally, it will be essential in all cases to consider the system of values prevailing
in each country, and the context of the applicability of standards which are valid for the most
advanced countries but which may be inappropriate and of unwarranted social cost for the
developing countries.
Principle 24: International Cooperation: Every country on the earth should contribute on an
equal level towards the International law for protecting our environment and our natural
resources. For the improvement of the environment, it must be handled in a cooperative spirit by
all the countries as a union.
Principle 25: Coordinated and Dynamic Role: The International organisations play an efficient
and dynamic role for safeguarding and improving the environment and every state must ensure
that to every human.
Principle 26: Ban on Nuclear Weapons: No country should use the nuclear weapon against any
country, nuclear weapons must be eliminated by every country.
CONCLUSION
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 attended the conference. The declaration
was made to achieve environmental goals, to live in a pollution-free environment, save the earth
from every type of abuse against the environment and the slogan of the declaration was also "Only
One Earth".
The declaration proclaims that humans are both the creature and the moulder of the environment
and we are only responsible for the situation we are suffering from today.
Every individual should know their responsibilities and must perform some acts for the protection
of the environment and earth for a better tomorrow.
1. UNEP
As a direct outcome of the Stockholm Conference, the United Nations Environment Programme
(UNEP) was established in 1972. UNEP became the global authority on environmental matters,
serving as a hub for coordinating international efforts to address environmental challenges.
Background and Rationale for UNEP:
- Post-World War II Environmental Concerns: The aftermath of World War II brought attention
to environmental issues, with concerns about pollution, resource depletion, and the impact of
industrialization on the planet.
- Emergence of Global Environmental Consciousness: The 1960s and early 1970s witnessed a
rise in global environmental consciousness, marked by events like the 1962 publication of
Rachel Carson's "Silent Spring" and the 1972 Stockholm Conference on the Human
Environment.
Key Milestones Leading to UNEP:
- The Stockholm Conference was a pivotal event that laid the groundwork for the establishment
of UNEP. Held from June 5 to 16, 1972, it was the first global conference on the environment.
- The Stockholm Declaration adopted at the conference emphasized the need for international
cooperation to address environmental challenges and led to the creation of UNEP.
Establishment of UNEP:
- Following the Stockholm Conference, the United Nations General Assembly recognized the
need for a dedicated organization to address environmental issues. In December 1972, it
adopted UN General Assembly Resolution (2997 XXVII) to establish UNEP. It was conceived
to monitor the state of the environment and coordinate responses to the world's greatest
environmental challenges.
- Inauguration: UNEP was officially established on December 15, 1972. Its headquarters are in
Nairobi, Kenya, reflecting a commitment to have a presence in a developing country.
- UNEP's mandate is to provide leadership and encourage partnerships in caring for the
environment by inspiring, informing, and enabling nations and peoples to improve their
quality of life without compromising that of future generations.
The Earth Summit, officially known as the United Nations Conference on Environment and
Development (UNCED), held in Rio de Janeiro, Brazil, in 1992, was a pivotal event in the history
of global environmental governance. This landmark conference brought together world leaders,
policymakers, and stakeholders to address pressing environmental and developmental challenges.
Historical Context
As the 20th century drew to a close, the world faced a confluence of environmental crises,
including climate change, biodiversity loss, deforestation, and pollution. The need for concerted
global action to address these challenges became increasingly apparent. Against this backdrop,
the United Nations convened the Earth Summit in Rio de Janeiro from June 3 to 14, 1992. This
historic event aimed to reconcile economic development with environmental sustainability and
social equity.
Rio Principles
Kyoto Protocol
Kyoto Protocol also referred to as the Kyoto Protocol to the United Nations Framework
Convention on Climate Change (UNFCCC) was an environment related treaty that was signed in
the city of Kyoto in the year 1997.
- 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.
- 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.
II. Subsidies: The Kyoto Protocol suggested its participating countries to 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.
III. Introduction of taxes: 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.
IV. 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. Furthermore, the Clean Development
Mechanism also suggested developed countries to invest in new technologies in developing
countries which would benefit both parties and will also lead to a reduction in emissions of
greenhouse gases.
V. 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.
Usage of clean and green energy would automatically result in the reduction of greenhouse
gas emissions and it would also act as a sustainable method where the current generation
would not end up using a majority of the non-renewable sources of energy like coal, fossil
fuel, and wood.
VI. 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.
VII. 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.
The Paris Agreement consists of several key provisions that set the stage for global climate action:
1. Global Temperature Goal: The Paris Agreement aims to limit the increase in global
average temperature to well below 2 degrees Celsius above pre-industrial levels, with an
aspiration to limit it to 1.5 degrees Celsius. This ambitious goal seeks to prevent the most
catastrophic impacts of climate change.
2. Nationally Determined Contributions (NDCs): Each participating country submits its
NDC, which outlines its specific emissions reduction targets and strategies. Countries are
encouraged to enhance their NDCs over time. The regular updating of NDCs allows for increased
ambition in addressing climate change.
3. Adaptation and Loss & Damage: The Paris Agreement recognizes the importance of both
adapting to the impacts of climate change and addressing the loss and damage caused by these
impacts, particularly in vulnerable and developing countries.
4. Finance and Support: Developed countries commit to providing financial support to
developing countries to assist them in mitigating and adapting to climate change. This includes
both public finance and mobilization of private sector funding.
5. Transparency and Accountability: The agreement establishes a framework for monitoring,
reporting, and verifying countries' progress in meeting their NDCs. This transparency and
accountability mechanism is essential for building trust among nations.
6. Global Stocktake: The Paris Agreement mandates a global stocktake every five years to
assess collective progress towards the agreement's goals. This process informs the enhancement
of NDCs and promotes ongoing ambition.
7. Technology Transfer and Capacity Building: The agreement encourages the sharing of
climate-friendly technologies and knowledge, particularly with developing countries. It also
supports capacity building to help nations implement climate actions effectively.