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COURSE I Introduction to Environment and Law COURSE I Introduction to Environment and Law Centre for Environmental Law, WWF-India National Law University, Delhi 172-B, Lodi Estate, New Delhi-110003 Sector-14, Dwarka, New Delhi-110078 October, 2013 © CEL, WWF-India & National Law University Delhi, 2013 All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, mimeography or other electronic or mechanical methods, without the prior written permission of the copyrighters, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. Disclaimer: “Maps are not to scale. The maps are solely a representation of real-world conditions and are made available to the Recipient for information purposes only”. Chapter Compilation Resource person, CEL, WWF-India Course Advisor & Editor Moulika Arabhi, CEL, WWF-India Ramya Iyer, CEL, WWF-India Proofreading Laser Composition Neeru, Independent Consultant Tessa Media & Computers, New Delhi Course I: Introduction to Environment and Law I Overview of Environment and Law Chapter 1 Environment, Nature and Ecosystem 3 Chapter 2 Origin of Environmental Law 40 II Introduction to Environmental Law Chapter 3 Concept of Law and Policy 63 Chapter 4 Environment and Governance 81 Chapter 5 Sustainable Development and Environment Governance 101 Chapter 6 Understanding Climate Change and its Processes – CDP, CDMs and 123 Carbon Offsetting Environment, Nature and 1 Ecosystem Chapter Contents Page Nos. 1.1 Introduction 5 1.2 The World Environment 15 1.3 Environmental Crisis 25 1.4 The Indian Environment : A Historical Perspective 27 1.1 Introduction Environment includes all elements, factors and conditions that can have an impact on the growth and development of a certain organism. Environment includes both biotic and abiotic factors that influence an organism. Abiotic factors include light, temperature, water, atmospheric gases etc. while biotic factors include all surrounding living species. The environment often changes after some time and therefore many organisms have the ability to adapt to these changes. The word “environment” is most commonly used to describe the natural environment and means the sum of all living and non-living things that surround an organism, or group of organisms. The concept of the natural environment can be distinguished by components: ♦ Complete ecological units that function as natural systems without massive human intervention, including all vegetation, animals, microorganisms, soil, rocks, atmosphere and natural phenomena that occur within their boundaries. ♦ Universal natural resources and physical phenomena that lack clear-cut boundaries, such as air, water and climate, as well as energy, radiation, electric charge and magnetism, not originating from human activity. The natural environment is contrasted with the built environment, which comprises the areas and components that are strongly influenced by humans. Introduction to Environment and Law What is the difference between Environment, Nature and Ecosystem? Environment – The environment is the totality of all the external conditions affecting the life, development and survival of an organism1. It consists of the naturally produced physical surroundings on which humanity is entirely dependent in all its activities. The various uses to which these surroundings are put for economic ends are called environmental functions. The natural environment, commonly referred to simply as “the environment”, encompasses all living and non-living things occurring naturally on Earth or some region thereof. Nature – Nature, in the broadest sense, is equivalent to the natural world, physical world, or material world. “Nature” refers to the phenomena of the physical world, and also to life in general. It ranges in scale from the subatomic to the cosmic. The word is derived from the Latin word natura, or “essential qualities, innate disposition”, and in ancient times, literally meant “birth”. Within the various uses of the word today, “nature” often refers to geology and wildlife. Nature may refer to the general realm of various types of living plants and animals, and in some cases to the processes associated with inanimate objects – the way that particular types of things exist and change of their own accord, such as the weather and geology of the Earth, and the matter and energy of which all these things are composed. It is often taken to mean the “natural environment” or wilderness – wild animals, rocks, forest, beaches, and in general those things that have not been substantially altered by human intervention, or which persist despite human intervention. For example, manufactured objects and human interaction generally are not considered part of nature, unless qualified as, for example, “human nature” or “the whole of nature”. This more traditional concept of natural things which can still be found today implies a distinction between the natural and the artificial, with the artificial being understood as that which has been brought into being by a human consciousness or a human mind. Ecosystem – Everything in the natural world is connected. An ecosystem is a community of living and non-living things that work together. Ecosystems have no particular size. An ecosystem can be as large as a desert or a lake or as small as a tree or a puddle. If you have a terrarium, that is an artificial ecosystem. The 1 United Nations, European Commission, International Monetary Fund, Organisation for Economic Co-operation and Development, World Bank, 2005, Handbook of National Accounting: Integrated Environmental and Economic Accounting 2003, Studies in Methods, Series F, No.61, Rev.1, Glossary, United Nations, New York, para. 7.31 -6- Environment, Nature and Ecosystem water, water temperature, plants, animals, air, light and soil all work together. If there is not enough light or water or if the soil does not have the right nutrients, the plants will die. If the plants die, animals that depend on them will die. If the animals that depend on the plants die, any animals that depends on those animals will die. Ecosystems in nature work the same way. All the parts work together to make a balanced system! A healthy ecosystem has lots of species diversity and is less likely to be seriously damaged by human interaction, natural disasters and climate changes. Every species has a nichè in its ecosystem that helps keep the system healthy. We are learning about new species every day, and we are just figuring out the roles they play in the natural world. By studying and maintaining biodiversity, we help keep our planet healthy. Of the several processes that all human societies in all ages have had in common, none has been more fundamental than their continual interaction with their natural environment. In fact, more than any other aspect of human endeavour, the diverse modes of human societal interaction with the larger ecological setting provide the basis for a genuinely global history of humanity. But, unlike so many of the other themes and patterns from which world history can be constructed, environmental history transcends the human experience. Due to the profound technological and scientific transformations that have occurred over the past millennium, it has come to effect – often fatally in recent centuries – every species of living creature on earth2 . The environment is a whole, albeit a complicated one, with many interfacing components. The wise management of the environment depends upon an understanding of its components: its rocks, minerals and waters, its soils and their present and potential vegetation, its animal life and potential for livestock husbandry, and its climate. Positive and realistic planning is needed to balance human needs against the potential the environment has for supporting these needs3. Environmental studies deal with every issue that affects a living organism. It is essentially a multidisciplinary approach that brings about an appreciation of our natural world and human impact on its integrity. It is an applied science, as it seeks practical answers to the increasingly important question of how to make civilisation sustainable on the Earth’s finite resources. 2 Michael Adams, Series Editor’s Preface, pg. vii, in: Ramchandra Guha, Environmentalism – A Global History. Oxford University Press (2000). 3 Datuk Amar Stephen K. T. Yong, Opening Address, pg. 8, in: Sunderlal Bahuguna, Vandana Shiva and M. N. Buch, Environment Crisis & Sustainable Development. Natraj Publishers (1992). -7- Introduction to Environment and Law If we study the natural history of the areas in which we live, we would see that our surroundings were originally a natural landscape, such as a forest, a river, a mountain, a desert or a combination of these elements. Most of us live in landscapes that have been profoundly modified by human beings. Our dependence on nature is so great that we cannot continue to live without protecting the Earth’s environmental resources. Most traditional societies have learned that respecting nature is vital in protecting their own livelihoods. This had led to many cultural practices that have helped traditional societies protect and preserve their natural resources. Respect for nature and all living creatures is not new to India; all our traditions are based on these values. Emperor Ashoka’s edict proclaimed that all forms of life are important for our well-being, and this was as far back as the 4th century
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