Edith Cowan University Research Online ECU Publications Pre. 2011 1999 International environmental law : consumer environmentalism versus environmental consumerism Rajendra Kumar Nayak Follow this and additional works at: https://ro.ecu.edu.au/ecuworks Part of the Law Commons Nayak, R.K. (1999). International environmental law : consumer environmentalism versus environmental consumerism. Perth, Australia: Edith Cowan University. This Other is posted at Research Online. https://ro.ecu.edu.au/ecuworks/7074 Edith Cowan University Copyright Warning You may print or download ONE copy of this document for the purpose of your own research or study. The University does not authorize you to copy, communicate or otherwise make available electronically to any other person any copyright material contained on this site. You are reminded of the following: Copyright owners are entitled to take legal action against persons who infringe their copyright. 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International Environmental Law Consumer Environmentalism versus Environmental Consumerism By Professor Rajendra Kumar Nayak ,~w~;:.f-..• __ ..:.:··• .,,~,· t isiiiv~,.• ,.J.:#ihri:w:..Mm Professor Rajendra Kumar Nayak is Senior Research Professor at the Indian Law Institute and the Executive Chairman of the Environmental and Consumer Protection Foundation (ECPF) based in New Delhi. Professor Nayak has a broad range of interests and expertise in the area of human rights in Third World countries. He has written extensively on international consumer protection law, and international environmental protection legislation. 11 CONTENTS Page Introduction 1 Consumer Environmentalism v. Environmental Consurmerism 8 Consumer Lifestyles 12 A Chemical Plague through Toxic and 13 Hazardous Materials Bio-Diversity 17 Protecting Bio-Diversity 22 Ceaseless Exploitation of Nature's Wealth 22 Geopolitical Values of Bio-Diversity 26 International Action on Bio-Diversity 26 The Bio-Diversity Treaty 27 Marine Polution 29 Plastic Pollution of the Oceans 30 Egypt's Lake Manzala and its Cleaning 34 lll Black Sea and its Survival 35 Deforestation 37 Sustainable Development 41 Climate Change and Global Warming 44 Climate Change Convention 46 Chemistry of Ozone Layer and its Depletion 48 Wildlife 53 Tiger - The King of the Jungle 57 The Automobile 61 The Persian Gulf Conflict and 64 Environmental Extinction Antartica 69 Land Care Programme in Australia 71 World Heritage Disputes in Australia 72 Debt for Nature Swaps 75 The Emerging International Environmental Law 76 lV Introduction Mother Earth is rich, beautiful, bountiful and kind. This planet, the jewel in space, is the only planet known so far to have such advanced materialistic and spiritualistic forms of life. The history of earth reveals that the life in myriad forms is confined to a life zone of the earth as a thin veneer in the "Biosphere". Scientific studies reveal that after the formation of the earth about 5000 million years ago, life evolved over millions of years. The microscopic organisms appeared on earth about 3000 million years ago as the first evidence of life. This is the simple beginning from which the human species evolved as early as 2 million years ago, while the intermediate stage of primitive land, planet and animals appeared about 1000 million years ago. Thus there exists, I contend, a universal unidirectional evolutionary law from resource to consumer. 1 Through the ages man has constantly been endeavouring to dominate Mother Earth and her vast resources, Has he really succeeded in his untiring efforts? This is the basic issue we are confronted with. If the answer is in affirmative, then at what cost? Do humans know every aspect of the earth and then subject it to command or a mastery over it? To know is good but to know only to destroy is disastrous. In this regard India's late Prime Minister Mrs Indira Gandhi aptly said: It is sad, that in country after country progress has become synonymous with an assault on nature ........ the higher standard of living must be achieved without alienating our people from their heritage and without despoiling nature of its beauty, freshness and purity essential to our lives.2 If we examine the global ecological problem in a philosophical perspective, it has to be recognised unequivocally that the key to a cardinal solution of the ecological problem 1 Rajvanshi, E.P.L. Series I - Compendium on Environmental Protection Law, Foreword (Jaipur, 1985). 2 Ibid. lies in a social reconstruction of the existence and practice of the inhabitants of our Home - the earth on the basis of truly rational interaction with nature.3 Constant flows of scientific and technological innovations have provided unprecedented growth of man's power in relation to nature. Albeit, since the beginning of mechanisation, human species have been inflicting cruel blows after blows on nature. During the contemporary scientific and industrial revolution these blows have been growing in speed and power. Notwithstanding, in producing material wealth humans have more and more not only exhausted non-renewable traditional natural resources but are also unconsciously breaking vitally important links between separate components of the biosphere, and consciously or unconsciously disrupting the life support systems and various vital channels of the biospheral superorganism' s life. Thus, the International Environmental Movement has emerged owing to a fundamental change in human perception of life on earth4 and its species and subspecies. It is much faster than historical transition and change in attitude is obvious and clearly visible at every level of social organisation viz. local, regional, national and international. Indeed an ecological perception of man about the survival of planet has been broadened and the dominance over nature is regarded as a theory of the past. The world may be divided by national boundaries, but all humans are part of one biosphere and environmental degradation. Actions in one country have negative consequences for the rest of the world, for instance all nations face the negative effects of nuclear activities and of the release of carbon dioxide, CFCs etc. Similarly air pollution in any one part of the world can have global effects. "Our Home - the Earth" also finely called in Indian tradition, "Bhavani Vasundhara" is mutely witnessing the early stages of environmental revolution and facing strenuous crisis leading to its collapse and economic decline. It has been observed that: 3 A.D. Ursul (ed.), "Philosophy and the Ecological Problems of Civilisation" (Progress Puhl., Moscow) 6(1983). 4 L.K. Caldwell, International Environmental Policy- Emergence and Dimensions 1 (1991). 2 The attitude and action of modem man towards ecology have been of exploitation. With the result endless economic exploitations of environment and ceaseless dumping of industrial disposals and chemical effluents have created conflict with the laws of nature. 5 Eventually, severe ecological upheavals are in store for the humankind it is chooses to overlook. The original 1980 Global 2000 Report to the United States President is frightening. Two paragraphs summarise the major findings and conclusions of this report: If the present trends continue, the world in 2000 will be more crowded, more polluted, less stable ecologically, and more vulnerable to disruption than the world we line in now. Serious stresses involving population, resources, and development are clearly visible ahead. Despite greater material output, the world's people will be poorer in many ways than they are today. For hundreds of millions of the desperately poor, the outlook for good and other necessities of life will be not better. For many it will be worse. Barring revolutionary advances in technology, life for most people on earth will be more precarious in 2000 than it is now - unless the nations of the world act decisively to alter current trends. There is difference of opinion on this view also which states: If present trends continue, the world in 2000 will be less crowded (though more populated), less polluted, more stable ecologically, and less vulnerable to resource-supply disruption than the world we live in now. Stresses involving population, resources, and environment will be less in future than now. The World's people will be richer in most ways than they are today. The outlook for food and other necessities of life 5 R.K. Nayak, "Environmental Protection and Law? Quest for Future World Order", Rechtstheorie (Monistic or Pluralistic Legal Culture, Pub: Duckner and Humblot, Berlin, Germany) 403 (1991). 3 will be better... Life for most people on earth will be less precarious economically than it is now. 6 A brief survey or environmental audit reveals that the trends are alarming as between 50 and 400 plants and animal species are being extinguished each day. The protective ozone layer over heavily populated areas is thinning as fast as scientists thought just a few hears ago. Fossil fuel burning spewed nearly 6 billions tons of heat trapping carbon into the atmosphere in 1991. 7 The health of the planet has deteriorated at an unprecedented manner since the Stockholm Conference in 1972. During 22 years, farmers have lost nearly 500 billion tons of top soil, roughly equivalent to the agricultural land of India and France through erosion at a time when they were called on to feed 1.6 billion additional people.