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International Law in Respect of Environmental Protection: Nayana V S6 GIR031928

International environmental law has expanded significantly since the 1972 United Nations Conference on the Human Environment. It addresses transboundary environmental challenges through agreements and institutions beyond individual nation-states. The sources of international environmental law include customary law, treaties, and judicial decisions. It establishes important principles like sovereignty, prevention, precaution, and polluter pays. Key global institutions governing international environmental law include the UN Environment Programme and multilateral agreements like the Kyoto Protocol and Montreal Protocol.

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45 views18 pages

International Law in Respect of Environmental Protection: Nayana V S6 GIR031928

International environmental law has expanded significantly since the 1972 United Nations Conference on the Human Environment. It addresses transboundary environmental challenges through agreements and institutions beyond individual nation-states. The sources of international environmental law include customary law, treaties, and judicial decisions. It establishes important principles like sovereignty, prevention, precaution, and polluter pays. Key global institutions governing international environmental law include the UN Environment Programme and multilateral agreements like the Kyoto Protocol and Montreal Protocol.

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nayana
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International Law in respect of

Environmental Protection
Nayana V
S6
GIR031928
Introduction
It is now widely recognised that the planet is facing a range of
environmental challenges, which can only be addressed through
international cooperation. The last few decades have witnessed an
exponential increase in multilateral environmental agreements covering
a wide range of issues such as ozone depletion, climate change, loss
of biodiversity, toxic and hazardous products and wastes, pollution of
rivers and depletion of freshwater resources.
International environmental law is a comparatively new branch of
international law. It has expanded dramatically over the years
particularly since the United Nations Conference on the Human
Environment, 1972.
What is Environment?
Why should we protect
Environment?
The enormous advancement of science and industrialization resulting in
economic development has incessantly degraded the environment. Along with
industrialization – urbanization, overpopulation, and poverty also affect the
environment.
It is very necessary to protect the environment so as to curb and decrease the
amount of destruction caused due to a myriad of anthropogenic activities to
the environment. It is a moral obligation on us humans to protect the
environment from pollution and other activities which are leading to
environmental degradation
IL in respect of Environmental Protection
A good number of environmental problems and issues traverse national, other
administrative boundaries, and many of the natural resources which are affected are
examples of global concern.

These transboundary challenges highlight the need for decision-making processes,


management agreements, and procedures for dispute resolution that go beyond the
borders of individual nation-states.

They illustrate the requirement of creating administrative and legal structures


capable of enabling ecologically and sustainable and socially acceptable development.
1. Customary International Law

Sources of IEL 2. International treaties


3. Judicial decisions of
International courts
Environmental law and legislation
are central in protecting us humans
as well as the different plants and
Importance of animals in the greater ecosystem
that we exist in. Environmental law
IEL ensures that individuals,
governments and cooperates do not
cause harm to the environment or its
ecosystems.
Constituents of EL

1. Reducing air pollution and maintaining air quality


2. Water quality
3. Waste management
4. Containment clean-up, damage mitigation
5. Chemical safety
6. Sustainability of resources
Principles of IEL
1. Sovereignty and responsibility
2. Principle of good neighborliness and international cooperation
3. Principle of preventive action
4. Precautionary principle
5. Principle of common but differentiated responsibility
6. Common responsibility
7. Differentiated responsibility
8. The principle of sustainable development
9. The principle of absolute liability
10. Polluter pays principle
11. Ecocentrism
The apex level of the UN body
convened ever on the subject of
Governance of environment is UN Environmental
Assembly, it was opened on 23rd
IEL June 2014 at the United Nations
Environment Programme (UNEP)
headquarters in Nairobi.
Significance of IEL
1. Protect environment
2. Solution for Environmental problem
3. Protect human health
4. Govern industries and manufacturing
5. Proper waste management
Notable laws and legislations in EL
1. Ramsar convention (1971)
2. Stockholm Conference (1972)
3. Vienna convention
4. Kyoto protocol
5. Montreal protocol on substances that deplete ozone layer
6. UN framework on convention on climate change (1992)
Here are some notable environmental laws in India

1. The Air Prevention and Control of Pollution Act, 1981


2. The Water Prevention and Control of Pollution Act,
1974
3. The Environment Protection Act, 1986
4. The National Green Tribunal Act, 2010
5. Hazardous waste legislation
IEL disputes and lll

IEL disputes and judicial remedies


As such there is no International Court dedicated to the
environment, the environmental disputes are litigated before
an extensive range of adjudicative bodies such as global,
regional, and national, judicial, and arbitral. A number of
multilateral environmental regimes have ‘non-compliance
procedures’ which are typically non-judicial.
A Case Law:
Trail Smelter Arbitration
case
Conclusion
Without the environment our existence is nothing, we all
have to and should protect our environment. The
International Laws set broad and detailed provisions for
protecting the environment, which shall be followed by
every State so as to ensure that the State is maintaining
environmental protection within its boundary. It is even a
basic human right, each human should have access to a safe
environment.

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