ISSN No. : 2347-2960 Punjab ENVIS Newsletter Vol 13, No. 3 (2015-16) International Environmental Conventions : An Indian Perspective Status of Environment & Related Issues www.punenvis.nic.in EDITORIAL Today, our Planet is facing an unprecedented Environmental crisis. The deterioration of the earth’s environment increasingly pressurizes the natural resource base and processes upon which all the life on earth depends. Consequently, conservation and sustainable use of environmental resources remains one of the major challenges of our era and an indispensable component of sustainable development. The well-being of our Planet along with our present and future generations relies on the effective international cooperation to tackle the disastrous loss of environment and the degradation of ecosystems that we are observing at the global, regional and national level. Therefore, worldwide commitments are necessary to protect environmental features such as the biosphere including the ozone layer, migratory species, ecosystems, control on transboundary movement of wastes and environmentally harmful activities. Hence, to fulfill these commitments the international community has developed over the years a range of legally binding agreements that tackle different aspects of this challenge. The landmark conventions for bringing about a well developed regulatory framework were the UN Conference on Human Environment held at Stockholm in 1972 and United Nations Conference on Environment and Development (Earth Summit) at Rio de Janeiro in 1992. India, along with other nations agreed on principles and the action plans to protect the environment and came under the obligation to implement these domestically. India, by becoming a party to many Multilateral International Environmental Agreements, commits to its adherence and compliance at the national level. The present issue of Newsletter seeks to provide a cohesive perspective on the major Conventions/ International Environmental Agreements to which India is party, along with India’s progress so far in implementing these conventions/agreements at the National level. It is hoped that this article will be useful to practitioners, academicians, NGOs, students, and others interested in the global environmental scenario and India’s position therein. Editors Published by Editorial Team Contact Us Punjab ENVIS Centre Dr. Neelima Jerath Punjab ENVIS Centre Punjab State Council for Dr. S.S. Ladhar Punjab State Council for Science & Technology, Mr. Gurharminder Singh Science & Technology Chandigarh, INDIA Ms. Ravleen Singh MGSIPA Complex, Institutional Area, Sector 26, Chandigarh - 160 019 Ms. Inderdeep Gill Sponsored by Phones : 0172-2792325, 2795001 Ministry of Environment, Forests & I.T. Assistance Fax : 0172-2793143 Climate Change, Government of India Mr. Dinesh Kumar Email : [email protected] ENVIS Centre, PSCST is a partner in Regional Centre of Expertise (RCE) Chandigarh on Education for Sustainable Development (ESD) of United Nations University Institute of Advanced studies, Japan. All activities of RCE, Chandigarh are being coordinated by ENVIS Centre. It is hoped that this publication will serve as a useful resource for stakeholders & support for their growing work in the field of environment and sustainable development. 2 Introduction Regional Cooperation and so on, as also special purpose institutions like the International Whaling Commission International Environmental Convention plays a critical (IWC), International Seabed Authority (ISA), International role in the overall framework of environmental laws. Tribunal on Law of the Sea (ITLOS). These Institutes Complementing national legislation and bilateral or guide the behavior of particular countries and regions for regional agreements, Conventions form the over- their effective and timely implementation of these laws. arching international legal basis for global efforts to The main method available under international law for address particular environmental issues. International countries to work together on global environmental environmental law aims to develop an integrated issues is the Multilateral Environmental Agreement legal approach to environmental management and (MEA). MEAs are agreements between states solve environment related conflicts at regional and (countries) which may include obligations varying from global levels. Today, the world has more than 1100 more general principles about a particular environmental multilateral agreements (Fig 1), about 1500 bilateral, issue, through to definitive actions to be taken to achieve and more than 200 regional legislations (Mitchell, 2015). an environmental objective. The broad areas where The implementation of all these environmental laws is international agreements on environment have focused facilitated by institutions like the United Nations and its include the atmosphere, hazardous substances, marine dedicated agencies, international non-governmental environment, terrestrial resources, nature conservation, organizations (NGOs) like the International Union for and nuclear safety and transboundary resources. Conservation of Nature (IUCN), Friends of the Earth Likewise, the key principles followed comprise (FOE), Green-Peace International, World Wide Fund for Sustainable Development, Intergenerational Equity, Nature (WWF), Regional institutions like the European Common but Differentiated Responsibility, Precautionary Union (EU), the Commonwealth, Association of South Principle, Polluter Pays Principle and Sovereignty over East Asian Nations (ASEAN), South Asian Association for Natural Resources (Box 1). Fig 1 : Multilateral Environmental Agreements (1950-2015) Source: Adapted from http://iea.uoregon.edu 3 This issue contains an overview of important international and weight in relation to the major global environmental environmental conventions, agreements & protocols. issues. The worldwide used terminology w.r.t MEAs is The conventions, agreements and protocols covered explained in Box 2. in the article are chosen due to their global importance Box 1: Key Sustainability Principles Sustainable development: is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Intergenerational equity: is a concept that says that humans ‘hold the natural and cultural environment of the Earth in common both with other members of the present generation and with other generations, past and future.’ It means that we inherit the Earth from previous generations and have an obligation to pass it on in reasonable condition to future generations. Common but differentiated Responsibility: This principle can be traced to Principle 7 of the 1992 Rio Declaration which states that ‘States should co-operate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth’s ecosystem. In view of the different contributions to global environmental degradation, states have common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit of sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command.’ Precautionary Principle: This principle got formal recognition in Principle 15 of the Rio Declaration, which provides that ‘where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost- effective measures to prevent environmental degradation.’ Polluter pays Principle: The polluter-pays principle is the requirement that the costs of pollution should be borne by the person who is responsible for causing pollution and its consequential costs. According to Principle 16 of the 1992 Rio Declaration ‘National authorities should endeavour to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and environment.’ Sovereignty over natural resources: The principle of state sovereignty allows states within limits established by international law to conduct or authorize such activities as they choose within their territories including activities which may have adverse effects on their own environment. Source : https://www.iisd.org Box 2: MEA Terminology Protocol: An agreement that diplomatic negotiators formulate and sign as the basis for a final convention or treaty. The treaty itself may not be completed for many years. Treaty: An agreement where the parties to it negotiate to reach common ground and avoid further conflict or disagreement. It is normally ratified by the lawmaking authority of the government whose representative has signed it. Convention: begins as an international meeting of representatives from many nations that results in general agreement about procedures or actions they will take on specific topics (e.g., wetlands, endangered species etc.). Convention is a formal agreement between States. Signature: an act by which a State provides a preliminary endorsement of the instrument. Signing does not create a binding legal obligation but does demonstrate the State’s intent to examine the treaty domestically and consider ratifying it. While signing does not commit a State to ratification, it does oblige the State to refrain from acts that