Part 1

INTRODUCTORY

CHAPTER1
INTRODUCTION

Dynamism in Law
Everything, except of course the law of change itself, is
Change is the law of nature. of character.
exception to this rule is inherently dynamic
subject to change. Law being no
one century) has witnessed
But the twentieth century (and one and half decades of twenty
ever accelerating rhythm of change; the scientific
and technological developments have
the
unleashed political, economic, social and cultural forces which are transforming
acceleration in the
society in an increasing rate. The sanme trend is continuing with greater
Twenty-first century. In view of the unprecedented speed and dynamism that are
characteristic of the present age, it is very natural to inquire : can law keep pace with lite?
the
This has indeed been perennial question but it has assumed added significance in
a
fields. At some quarters it
present time due to unprecedented rhythm of change in various
in
is argued that "laW is becoming less important and practical action more impoitant,
and this is
shaping economic and social policy in an increasingly dynamic society that "all
particularly internationally."2 But as aptly answered by C. Wilfred Jenks havee a
true,
education and social attitudes
experience suggests that while economic growth,
gradual
far-reaching influence on social policy they can exercise their necessarily and settled
influence effectively only if law provides a framework of recognised obligation
habit within which they can operate. Law cannot make men equal, but unless the equality
influences creating it in fact".
of man is recognised by law there is little likelihood of other
and of procedure effective to
Further, "When justice cannot invoke the aid of the law,
our common humanity all too readily
secure respect for the law, long and broad views on
SUCCumb to entrenched privilege, this is no less true
under new SOcial order and in new
states than in the most traditional of
societies"." As pointed out by Prof. Edgar
the social structure together, must
Bodenheimer, "Law being the cement which holds
without ignoring the pressing claims of the
intelligently link the past with the present of society. At no specific stage of
future." The growth of law begins with the growth
have been invented and imposed ab extra.
development, law can be said to error to human
Consequently legal orders are "pierced together slowly, in trial and
overnight. They have their roots and backgrounds in
demands." They are not produced how the
law should be directed "... to explore
the society. The study international
of
of reform and
what it is, how it is involved in a process
present law has come to be, the building stone
extension and intensification, in order
that we may be able to assist in
order for state and people and men".8
stone in storm and rain, of a transnational legal
upon
cannot stand
"Law must be stable, and yet it
As pointed out by Roscoe Pound, of
is "to reconcile the conflicting needs
The "central problem of law"', consequently,
stil"
Oxiord
The l.L.O. Impaci After Fifty Years,
C. Wilfred Jenks, Social Justice in the Law of Nations,
1.
University Press (1970), p. 5.
2. lbid at p. 80.
3. Ibid
4 Ibid.
and Method of the Law.
Harvard University Press, Cambridge.
5. JurisprudenceThe Philosophy
Massachusetts (1962). p. 218.
p. 6.
6. C.K. Allen, Law in the Making (1961). Relation
in the of States, p. 287. C.
7. P.E. Corbett, Law and Society Leiden University referred in Philip
of Prof. Frederick Van Asbeck of
From the farewell lecture 1-2.
8. Law. An Introduction, Vol. 3 (1964), pp.
Transnational
Jessup, "The Concept of 1.
History, Cambridge, Mass, (1923) p.
9. Interpretation of Legal
 INTRODUCTION

bursting of clouds and flash of floods in Kedarnath and Badrinath in Uttarakhard are
to
indicative of impending
damages of climate change due to glothal warmin9
vnonism in Environmental Law
However, Kyoto Treaty came into force on 16
with the support of 141 nations who had ratifiedFetbruary, 2005. It could be
the Treaty. As of November, possi
2009.
ly
87 States had signed and ratified the Kyoto Treaty. But unfortunately, Arnerica, ie
arealest polluter of the world could not become a party to the Treaty

Besides this, U. N.
Framework Convention on Climate 1992 has as many 3s
195 State Parties (all u. N. Members except South SudanChange,
plus nine, cook lslands and
European Union)
Further, Copenhagen Summit Conference on Climate Change, held in third week o
December, 2009, IS generaly regarded as unsuccessful conference and dismal tailure
However realizing that the Summit conference was moving to an unsuccesstul end,
ieaders of America, China, Brazil and South Africa in an attempt to save the conterence
becoming unsuccesstu, presented an agreement before 194 countries attending the
conference ATter the negotiations of two weeks, the conference agreed to the
establishment of a Green Fund with a view to protect poor countries from global warming
A Green Fund of 100 blion dollars for the period 2010 to 2012. America promised 3.6
billion dollars. Japan 11 billion dollars and 10.6 billion dollars was promised by European
countries, India agreed to all this because Kyoto Treaty had yet not been abandoned.
Copernhagen Summit fixed target of limiting global warming by 2° celsius but no
targets were fixed for the year 2020 or 2050. Kyoto Treaty remained in tact. Though it was
not a perfect treaty yet it was a start to tackling global problem.
However, on 11th December, 2010 world leaders from 193 countries signed a new
giobal climate legal regime called the Cancun Agreement. It almost sounded the death
Knell for Kyoto Protocol. But definite obligations of countries were not fixed at Cancun
They were to be fixed at Durban. On 28th November, 2010 to 11th December, United
Nations climate change conference was held in Durban (South Africa) to establish,
a new
to a legally binding deal
treaty to limit carbon emissions. The conference agreed
take effect in 2020. After
comprising all countries, which will be prepared by 2015 and to
two weeks of negotiations a deal was reached on
the last day i.e. Sunday, 11th
were to be defined in
December, 2011 after 60 hour long meeting. The terms of the Treaty
referred as the "Durban
2015 and to become effective in 2020. The agreement
included developing countries such as
Conference" was notable in that for the first time it
to sign the Kyoto Protocol.
India and China as well as in the U.S. who refused
entailed the continuation of the Kyoto
It is important to note that the agreement
members of the European countries are not
Protocol although some countries including
achievement of the conference was the progress
ikely to commit to it. Lastly, a notable was adopted. The Fund
creation of Green Fund to which management framework
regarding countries adopt to climate impacts.
to distribute US $ 100 billion per year to help
the world summit of Legislatures organised by
Reference may also in made here to from June
office in India as well. It was organized
London based International, that has its now the new Environment
was Prakash Javedkar,
6-8, 2014. Its India President last year
Minister in Narendra Modi's cabinet.
new promise,
made to the US President Obama's
A brief reference may also be 2005 ievels by 2030) in
carbon emissions by 30% (trom
under the clear Air Act, to cut to be followed by other
lauded and welcomed and ought
power plants. It needs to be
countries.
developed and developing
of Conference of Parties (COP) of U.N.
it is important to note Lima Deal
Lastly, Lima on 15th December, 2014.
climate change, at
Framework Convention on to cut, global carbon emissions saved
the
A compromise draft on national
pledges