National University of Study and Research in Law, Ranchi

End Term Examination 2021

Semester – IX
Name of Subject- INTERNATIONAL ENVIRONMENT LAW
Subject Code- ILH103

Total Marks: 70 Maximum Time: 5 Hours

Instructions:

1) No clarifications shall be provided about the question paper during the course of the
exam.
2) Attempt 5 questions out of 7.

1. UN has played a very important role in development of IEL. It has established standards
for intergovernmental environmental action and has set up a balanced approach for the
management and conservation of natural resources. Considering the above statement,
explain the role played by UN over environmental programs. (Marks 14)
2. A distinguishing feature of international environmental law is that it is driven by science
and not restricted to political, economic, or commercial imperatives. The state being
primary subject under international law has an important role but it’s not the sole actor.
Express your views on this statement highlighting the contributions of non-state actors.
(Marks 14)
3. Principle 7 of Rio Declaration sates, ‘states shall cooperate in a spirit of global
partnership to conserve, protect and restore the health and integrity of the Earth’s
ecosystem. In light of above principle, explain the dilemma of responsibility that exists
for developing and developed states in implementation of the principles of international
environmental law. (Marks 14)
4. UNFCCC was adopted in June 1992 at UNCED and comprised a package of principles to
stabilize greenhouse gas concentrations in the atmosphere at a level which would prevent
dangerous anthropogenic interference in the climate system. Explain the main principles
laid down under this convention and highlight the outcomes of the COP 26 which was
concluded on 13th November 2021 in Glasgow. (Marks 14)
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 5. Explain what is environmental damage. ‘State liability for environmental damage is
based on a breach of an international legal obligation’. Elucidate this statement with the
help of applicable international rules governing responsibility and liability. (Marks 14)
6. In a case presented to the WTO Appellate Body dispute concerned prohibition on imports
by state X of meat or meat products derived from a cattle to which either natural
hormones or certain synthetic hormones had been administered for growth promotion
purposes. This was challenged by two other states A and B. In light of the above facts,
explain the salient features of SPS agreement and how its principles help in removal of
disguised trade restrictive measures. (Marks 14)

7. Rio declaration called states to provide for effective access to judicial and administrative
proceedings including redress and remedy and to resolve the environment related
disputes peacefully under Principles 10 and 26. What are the available forums for
settlement of Environment related disputes? How far the ADR mechanism is fruitful in
resolving the environment related disputes? (Marks 14)