INTERNATIONAL ENVirONMENTAL LAW 465

on
Declaration of the UN Conference on the Human Environment
2.
(Stockholm), 1972
The Hague Declaration on the Environment, 1989
The Rio Declaration on Environment and Development, 1992
4nort of the United Nations Conference on Environment and
pevelopment (UNCED), 1992

3. IMPORTANT CONVENTIONS/
MEck hUm MENTS/REPORTS
21 Stockholm Conference, 1972
Etinternational conference on human environment was held in
Srockholm, Capital of Sweden (s-16 June 1972), where more than
7 States participated. The then Prime Minister of India, Mrs Indira
Gandhi, was the first head of the State to address the conference
At the end of the conference, 26 principles were agreed and declared
by the participating States. These principles are known as the Magna
Carta on Human Environment.7 The Stockholm Declaration (1972) was
the first holistic approach to deal with the problems of environment. The
conference adopted an action plan relating to natural resources, human
settlement, human health, territorial ecosystem, environment and devel-
opment, ocean, energy, wildlife, natural disaster, transboundary pollu-
tion, nuclear energy and means of mass destruction. It also declares that
there is a need for the international law relating to liability and compen-
Sation for the victims of pollution and other environmental damage.
rrinciples I and 2 have enunciated the principle of "sustainable devel-
opment",Thus, it was cautioned that "now renewable resources of the
carth must be employed in a way so as to guard against the danger to the
generation"." Therefore, man has a special responsibility to sate-
r d and wisely manage the heritage of wildlife and its habitat.20 It also
OCated to establish national institutions with the task of planning,

17. See, K.
Gurupro
prasad Rao v. State of Karnataka, (2o13) 8 SCC 418, 471 and Essar Oil
L4.v. Halar Utkarsh Samiti, (2004) 2 SCC
392.
ditio Man has the fundamental right to freedom, equality and adequate con
he of life in an environment of quality that permits a life of dignity and well
f and he bears a solemn responsibility to protect and improve the environment
19. r present and future
Principle
2:
fauna 2The
generation.
natural resources of the earth including air, water, land, lora and
,

Caref.st be safeguarded for the benefit of present and future generation through
20etul planning and
Princip management.
herita of4: Man has special responsibility to safeguard and wisely manage the
a

wildlife and its habitat, which are now gravely imperilled by a combina-
tion of adverse
Portance in factors. Nature conservation including wildlife must therefore receive
anning for economic development.
 466 ENVIRONMENTAL LAW CHAP.
resources with a view to
managing or controlling the enviçonmental
enhancethe environmental qualityG
Nations Environment Programme
(UNEP) was also
hebyUnited
ated
cre
the UN General Assembly on I5 December 1972 to promote
cra

environmental law and address major environmental issues.

3.2 Our common future

World Commission on Environment and Development was estah.
The
lished by the UN General Assembly in 1983 for "a global agenda for
change". Gro Harlem Brundtland, the then Prime Minister of Norwav.
was appointed as Chairperson of the commission to-re-examine the
critical environmental and developmental problems on the Planet and
to formulate realistic proposals to solve them and to ensure that human
Progress Is sustained through development without bankrupting the
resources of future generations". The report was presented by the com-
mission in 1987 which is known as Our report has
Common Future. The
been divided into three parts: Ihcommon concern, 2)common challenges,
and 3) common endeavours.The report advocated for sustainable dever:
opment2 which aims to promote harmony among human beings and
between humanity and nature. In Part I1, common challenges, problem-
atic issues on population, food security, species and ecosystem, energy,
industry and urban challenges have been discussed. Part Il emphasises
on common action to deal with the common challenges and provides
various proposals for institutional and legal change. The commission
recommended that "human laws must be formulated to keep human
activipies in harmony with the unchanging and universal laws of nature
Atthe end, it has provided a list of 22 principles-"legal principles
for environmental protection and sustainable development. Principle
I declares that "all human
beings have the fundamental right to an
environment adequate for their health and well-being", principle of
"inter-generational equity" has been enunciated under Principle 2.
Principles (9 to 20) deal with the principles, rights, and obligations con
cerning transboundary natural resources and environmental interfer
ences. These include principles
of "strict liability" and compensation to
substantial transboundary harm,Principle 21 provides for State respons
bility for breach of an international obligation regarding thç environme
and payment of compensation for the harm caused(Lastly, it declares

21. "Sustainable Development means development that meets the need of the ent
pres
without compromising the ability of future generation to meet their own needs,
Common Future (1987) 43.
22. Principle 2: State shall conserve and use the for
environment and natural resourcc
the benefit of present and future generations.
 INTERNATIONAL ENVIRONMENTAL LAW 467
14
all settle environmental disputes by peaceful means such
States shall
muual agreement, Conciliation, arbitration and judicial settlement.
its importance, the Supreme Court has widely quoted and
s

1ooking to
ofthe court
erred it. In K. Guruprasad Rao v. State Karnataka24, and
referr

hserved that it "stimulated debate on development policies

obser
prac-
for
developing and industrialised countries alike and called
an
tices
tices in
environment and development
tegration of
integratio.
our understanding of the
into practical measures
of action."

3.3 Basel Convention.

The Basel Convention the Control of Transboundary Movements of

on
of this conven-
Hazardous Wastes was held in 1989. The main objective
and movement of hazardous and other
tion is to reduce the generation
and their proper disposal in their State of origin, with regards
to
wastes
and the environment. It consists of
the protection of health of the people
29 articles.
of generation of hazardous
It has many principles to minimise the level
waste from their sources, to prohibit the export of hazardous or other
wastes to parties that have prohibited
its import or not given written
consent, and to ensure availability
of adequate disposal facilities and no
the main object of the conven-
import and export from non-party. Thus,
tion is "to ensure reduced transboundary movement
of hazardous and
sound and efficient
other wastes, consistent with their environmentally
in a manner which will protect
management, and this being conducted
human health and the environment against the adverse effects which may
result from such movement".25 The convention also provided that "each
shall take appropriate legal, administrative and other measures to
party
mplement and enforce the provisions of this convention, including
meas-

ures to prevent and punish conduct which is in contravention of this con-

vention".2Arhcle 3(r) clearly declared that each party State shall adopt
this convention in their national/domestic laws and appoint competent
authority/authorities to implement the provisions of the convention.
T Research Foundation for Science v. Union of India2", the Supreme
has directed the Union Government to bring the Hazardous Wastes
Mr
dnagement and Handling) Rules in line with the Basel Convention.

23. Principle 22.

2013)
25. Art.
8 SCC 418, 472. Per G.S.
Singhvi J.
4 (1Nd).
.Art. 4 (4); also see, Art. 9(5)
27 "each party shall introduce appropriate national/domestic
le Art. 9(s) provides
EISlation to prevent and punish illegal traffic...".
28.(2012) 77 SCC 769; Research Foundation for Science v. Union of India, (2012) 7 SCC
764
 472 ENVIRONMENTAL LAW
CHAP.
management, promote training of personne competent in the
land research management and wardening. [Art. 4]
4. consult each other about implementing obligations arising o
the Convention especially when wetland extends over territories of
ries «
more than one contracting party. [Art. s
Vembanad Lake in the State of Kerala was declared as a "Ramsar Site
in the year 2002 in response to Article 2.1 of this Convention of rg7135
Thus, the wetlands included in the lists acquire a new status at the
national and international level.

39 World Charter for Nåture, 1982

(The charter was adopted by the UN General Assembly. It consists of 24
principles.
The charter recognises that "Mankind is a part of nature...and the
civilization is rooted in nature, which has shaped human culture and
infuencedait artistic and scientific achievement, and living in harmony
with nature gives man the best opportunities for the development of his
creativity, arid for rest and recreation". Therefore, "man must acquire the
knowledge to maintain and enhance his ability to use natural resources
in manner which ensures the preservation of the species and ecosystem
for the benefit of the present and future generation". With this the çhar-
ter has pronounced 24 principles to conserve the natural resources.
Asgeneral principle it hasbeen provided that "nature shall be respected
and its essential process shall not be impaired" and that "nature shall be
secured against degradation caused by warfare or other hostile activj-
ties. Genetic viability, population level of all forms and their habitats,
all areas of earth, both land and sea, ecosystems and organisms should
be protected and conserved.
Various functions have been provided to be performed by the States
(from Principles 6 to T3). Such functions include planning and impleme
tation of the social and economic activities with due care for conserva
tion of nature; formulating long term plans for economic development,
population growth and improvement of standards of living; using tne
natural resources in a restraint manner and prohibiting their wa
age, maintaining the productivity of soil, reusing and recycling naturd
resources; exploiting non-renewable resources with restraint; controllin
which might have an impact on nature and usage
activities best avail-
sage of best a
able technologies that minimise significant risk to nature; and avoia
the discharge of pollutants into natural resources with special preca
tions to prevent the discharge of radioactive or toxic wastes.

35. Mentioned in Vaamika Island (Green Lagoon Resort) v. Union of India, (20191
SCC 760.
 INTERNATIONAL ENVirONMENTAL LAW 473
4
mplementing measures, the Charter provides* that the States shall
As implementi

al measures, disseminate environmental education, formulate

doPcurage scientific research, monitor and evaluate conservation
nd enc andmethods, implement the applicable international legal provi-
policies
and

ensure participation of people in formulation of decisions concern-

s I O n s ,e n s

that "each person has a duty to act individually" in

and th
ironment and
ironment
c n v i r c

ing
ation with others or through participation in political process to
ASSO«iation wit

the objectives and requirements of the charter.

hieve

Nairobi Convention, 1985

3. 10
This convention offers a framework and coordinates the efforts of the
ntries of the region to plan and develop plans and programmes that
coastal
strengthen their capacity to protect, manage and develop their further
environment sustainably. It aims to restrain any
and marine and
degradation of the marine environment and to reverse degradation
destruction of critical habitat. This convention was passed for the protec-
and development of the marine and coastal environ-
tion, management
East-African region. It was also mentioned that the special
ment of the
hvdrographic and ecological characteristics of the regions require special
At that time there was no such con-
care and responsible management.
East-African
vention on marine pollution that met the requirements of
region.
includ-
The convention has 31 articles which deal with various aspects
ing provisions on general obligation of the contracting parties, pollu-
tion from ship, pollution caused by dumping, pollution from
land based
sources and from seabed activities, airborne pollution, specially pro-
tected areas, environmental damage from engineering activities, envi-
institutional
ronmental impact liability and compensation,
assessment,
arrangements, adoption of protocols, etc.

5.11 Earth Summit: The Rio Declaration on Environment and

Development, 199237
T as "Earth Summit". It has pro-
1 o de Janeiro Conference is knownStockholm Declaration of 1972.
Ted 27 principles. It reaffirmed the
objective of the conference was to equitable
establish new and
plrin
partnership through creation of new levels of cooperation among
k sectors of societies and people...international agreements
w ey
and protect the integrity of global envi-
T respect the interest of all and interde-
ment and development system, recognising the integral
dent nature of the earth, our
home )
S6.37. From Principles
Held from 14-24.
3-6-19 to I4-6-1992.
 474
ENVIRONMENTAL LAW
CHA
principles of the
declaration emphasise on "
(The
environtainablae
various
meet developmental nd
and enviroab
development"38 to equitably
needs of present and future generations
on of
eradication pov
of pover mmental
8rammes0; reduction and
elimination of unsustainable patterns cy pro-
able pattern
oB
Pro
duction, and consumption and promotion of demographic policies pro
national
public participation in decision-making"; vironment
environmenr
legis
national law regarding liability nd
and compensati
compen
lation; developing
for the victims of pollution and other environmental damage: on
tionary approach to protect environment promotng the internalisati precau
of environment costs; undertaking environmental impact assessmened
proposed activities which are likely to have a significant adverse im
and role of women in environmental management and develonme
ATticle 22 also provided that good use of the knowledge of indigen
people must also be made and that knowledge be protected.It also Dr
nounces that "peace, development and environmental protection are
interdependent and indivisible". Theretore, even armed conflicts should
not harm the natural environment.

3.11.1 Agenda 21
4genda 21 was, as one of the instruments, adopted at the UN Conference
on Environment and Development held at Rio de Janeiro in 1992.
It is a non-binding instrument and it has provided certain strategies
and other detailed programmes to contain environmental
degradation
and to promote environmentally sound and sustainable
development.
It also advocates for global partnership
among the world government,
masses and non-governmental, voluntary agencies for abovementioned
purpose
Agenda 21 1s divided into four parts: I) socio-economic dimensio
(habitat, health, demography, consumption and production pattern,et
2) conservation and resource management ater,
(atmosphere, forest,
waste, etC.)} 3) strengthening the role of NGO's and other social tion

groups such as trade unions, women

ac Sures

of implementation (hnances, organisations, etc.; and 4) mea

institutional machinery, etc.).
The agenda has various of t o x
ic-chemical
provisions for the managemen tive
wastes and
hazardous
wastes, solid and sewage wastes,
raunoof
biotechnology. Further, other provisions for the
oceans, seas, coastal areas,
p r o t e c t i o n

proesnd and

quality supply of fresh water resour

38. Art. I.
39. Principle 3.
40. Principle 5.
41. Principle 8.
42. Principle 1o.
43. Principle 13.
 480 ENVIRONMENTAL LAW CHAP.
2011-2o20
he Aichi Biodi
and the Aichi Biodiversity
the strategicplan for biodiversity
with nature".
largets is "living in harmony been declared as "Interna:ional
the 2011 has
part of IDB, year
As
a Nagoya
Conference of 2010 lso devel
als develo
Year of Forests". Parties to
lite on earth willPed
for this decade "to e n s u r e that persist
strategic plan for the benefit of present and f uture
in all its diversity and complexity, includes the rationale of of the
generations". The
IDB Declaration2
ffor
the plan
Targets63, provisions
and the Aichi Biodiversity
VISion, strategic goals
review and evaiuatnon
and
support mecha.
implementation, monitoring,
of Member States to take note of th
nisms. It also invited the attention
the Rights of Indigenous Peopless" and of
United Nations Declaration on
conventions*.
the other biodiversity related

World Summit on Sustainable Development, 2002

3.18
held in Johannesbur.
This summit, also known as "Earth Summit",
was

2002 by the UNO. It was

South Africa, from 26 August to 4 September
Conference on Human Environment of
in sequence to the Stockholm
world's attention towards meeting
1972.66 The summit attracted the lives and conserving
their difficult challenges like improving people's
natural resources, with ever-increasing demands for tood, wate, shelter,
economic security,.)Thé summit
sanitation, energy, health services and
Conferen e df 1992 and
evaluated the progress made after Rio de Janeiro
focused on five key points:
the implementation of Agenda 21. It mainly
1 water and sanitation, 2) energy, 3) human health, 4) agricultural pro-
The summit
ductivity, and 5) biodiversity and ecosystem management.
formulate national
called on all countries to take immediate steps to
ettors
sustainable development strategies and to initiate implementation
by 2005/1The summit concluded with the following resolutions:
The establishment of a "solidarity fund" to wipe out poverty
.

However, developed nations were urged to dedicate o.7 per cent

their national income to this cause.
less
To halve, by 2o15, the proportion of the world's people living on
than a dollar a day. This is a reaffirmation of a "UN Millenni"
Summit Goals of 20oo".

62. Known as COP 1o Decision X/2. Strategic Plan for Biodiversity 201I-2020
63. It has 20 headline targets for 2015 or 202o (the "Aichi Biodiversity Targers
64. General Assembly Resolution 61/295 of 13-9-2007. che
65. Like the Ramsar Convention on Wetlands, the World Heritage Convention, Flora,
Convention on International Trade in Endangered Species of Wild Fauna ationa
the Convention on the Conservation of Migratory Species and the Inte
Treaty on Plant Genetic Resources.
66. In that conference it was resolved that after every ro years, the conteren
held to review the human environment.
14 INTERNATIONAL ENVIRONMENTAL LAW 481
To cut by halt by 20Is, the number of people who lack clean drink-
ing water and basic sanitation.
Substantially increase the global share of "renewable
Cut signiicantiy by 20ro the rate at which rare plantsenergy"
and animals
are becoming extinct.
Restore (where possible) depleted fish stocks by 2015.
Substantial cut in the number of people suffering from hunger.
8. To use and produce chemicals by 2020 in ways that do notlead to
significant adverse eftects on human health and the environment.
9. To achieve by 2o1oa significant reduction in the current rate of loss
of biological diversity.
It was decided that the UN Commission on Sustainable Development
shall play an active role in the implementation of the resolutions and help
the States to accomplish these objectives.

3.18.1 johannesburg Declaration on Sustainable Developments7

The declaration is a commitment of the world States for sustainable
development. "We commit ourselves to building a humane, equitable
of human for
caring global society, cognizant
all5It gave new impetus to global action to fight poverty and protect
the need for dignity
the e n v i r o n m e n t . M o s t s i g n i f i c a n t a s p e c t , the establishment of a " world

fund" for the eradication of poverty, was a positive step tor-

solidarity
Ward. Other key initiatives were health, water and sanitation, energy,
agriculture, biodiversity and ecosystem management, corporate respon-
sustainable development of small island developing States, and
Stbility,
institutional framework for sustainable development.
in its political agenda it was declared that "we assume a collective
and mutually
responsibility to advance and strengthen the interdependent
entorcing pillars of sustainable developmenteconomic development,
ial development and environmental protection-at local, national,
egional and global levels". Therefore, poverty eradication, changing
and protecting and managing the
Sumption and production patterns,
atural resource base for economic and social development are objectives
CSsential requirements for sustainable development.

3,19 Kyoto Protocol, 199769

the Convention on
Signatories
Enatories this protocol
to the parties were
Climate Change (1992). The main aims of the protocol are to protect
to on

and Cnhance
enhance the sinks and reservoirs of Gs (not controlled by the

67 lt consists of principles. It was adopted

on 4-9-20o2.

68. Principle 2. 37

69.Theprotocol
pro consists of 27 articles and I annexure.
 ENVIRONMENTAL LAW
CHA
Montreal Protocol); promote
afforestation

increased use of
and
n e w and
restation; promotion,
reforestation:
nd renewablein
renewable
r

researh, development
and
including meth.ms
emission of GHGs including methan forms of
energv; and
limit or reduce
Nations have to.
that Member Nations to
provides
levels ineduce
Artile 3 of the protocol
1990 level.
cent, below 1990
the e m i s s i o n of
GHGs by at least five per the
to 2012.
NImitment period of 2008 in the field of traned
It also envisages
international cooperations nster
A V S to environmentally
sound technology, know-how, practice a v-how, practices
Such cooperation includes d
proesses pertinent
to climate change.
education programmes, training programm
imple
mentation of environment ammes
and public awareness programmes.
list of GHGs and sou
Annexure A" of the protocol has provided a
ource
ategories such as energy, fugitive emission from fuel, industrial pro
cesses, solvent and other product use (agricultural and water).

3.19.1 Clean development mechanism

It is one of the three mechanism developed by Kyoto Protocol to acquire
greenhouse reduction credits." The Clean Development Mechanism
gas
CDM) is one of the "flexibility" mechanisms defined in the Kyoto
Protocol.7 It intends to meet two objectives: I) to assist parties not
included in Annex 7 in achieving sustainable development and in con

tributing the ultimate objective of the United Nations Framework

to
Convention on Climate Change (UNFCCC), which aims to prevent
dangerous climate change; and 2) to assist parties included in Annex
in achieving compliance with their quantified emission limitation and
reduction commitments (GHG emission caps). Most of these reduction
are through renewable energy, energy efficiency, and fuel switching
An industrialised/developed country that wishes to get creditsfrom
host
CDM project must obtain the consent of the developing county
ing the project that the project will contribute to sustainable aeevelop
be
ment. The projects in developing countries using methodologies mus
approved by the CDM Executive Board (EB). If a projectis register
implemented, the EB issues credits called certified emission reu
unit is
CERs), commonly
known as carbon credits, where each
example, C
oor
alent tw the reduction of one
metric ton of COefor examperend erence

its
euivalent, to project participants based on the monitoreOE
etwern the baseline and the actual emission[, verified by tne

70, u. cartom dioxide (CO,), methane (CH), hydrofluoroca

ms 9F), perfluorocarbons (PFCs), sulphur nitrogehdioxide (NO,),I

7 e t hexafluoride (Srg
TL. definedare Art.joint
n
1)
in
implementation, 2) international emision rading
12 of
the protocol.
d a r e

/lparties are those countries that are listed in Annex1 or tne

 484 ENVIRONMENTAL LAW

World's largest carbon credit project that will heip replace 400.
CHAE
bulbs with energy saving
CFL bulbs atd
incandescent light
preventing 40 milion tonnes carbonfro
of
a year, while
prices in ot dioxIde will be s.
ing the atmosphere annually. Tonnes carbon ved by
has got clearance as aa "proby
"progra
using the CFL tubes. The project which allowed Bureau oofE he
for activities" under the UN system
investment of resources and
Efhciency (BEE) to make the one-time the
to get a clearance for the scheme
which entrepreneur or investe
rs can
board any time later.
take advantage of as they get on

4. INDIAN CONSTITUTION AND

INTERNATIONAL ENVIRONMENTAL LAW
India is a member of the UNO since its inception. India rather believee
that most of the problems which this world is tacing today relates t
humanity, world over equally, and theretore, there must be concerted
and integrated efforts to deal with them; for example, problems of popu.
lation, poverty and pollution. To some extent these problems can be dealt
on regional basis but all problems cannot be said to be local problems,
All the nations, rich or poor, developed or developing, north or south
are facing the problems of pollution. Thus, the problem of pollution is
to a large extent a transboundary problem and some time its effects are
have "one
widely rampant and recognise no boundaries. It is true that we
planet to live on" and "we have common future". Therefore, the strategy
and
to deal with this gigantic problem of pollution must be cooperative
coordinated one. All the nations must join hands to combat the problem
on
of pollutionbefore threatening dimensions and brings us
t assumes
the brink of disaster.
Un this regards, various international conferences have becen organ*
ised to forge a common strategy to contain and control the pollutio
nave
problems, and many international agreements and regional pacts
been entered into for this purpose. The first International Conterene
on Environment and Development was organised at Stockholm "
(5-I5 June r972) in which 1o7 nations participated.
twthe
But only
1972
heads of States came to address the conference and one of them was
then Prime Minister of India-Mrs Indira Gandhi. Twenty-sixPr iman

ples were propounded, which are known as Magna Carta on mit

Environment. Similarly, India has also participated in the Earth Sum
World

at Rio de Janeiro (1992); the Nairobi Conference (1982); the o

Charter for Nature (1982); the Montreal Conference (1987); the
Protocol (1997); the Basel Conference (1989); the Convention on tne
Endan
of Seas (1989); the Convention on International Trade in
i (199tk
(1994
Species (CITES, 1973); the Convention on Biological Divers
the Convention on Climate Change (1992) and many others.
 INTERNATIONAL ENVIRONMENTAL LAW 485
14
INDIAN
5.
CONSTITUTION AND INTERNATIONAL
AGREEMENTS AND DECLARATIONS
Following a r e
are three ways in which international agreements, covenants,
c, become the part of national law in India:
Article 5I of the ndian Constitution provides for "promotion of
international peace and security". It provides under clause (c) that
law
he State shall endeavour to foster respect for international
and treaty obligations in the dealings of organised people with
one another". Thus, the international treaties do not automatically
into the
become part ot ouur national law. It has to be incorporated
Parliament.
legal system by an appropriate law passed by Indian
However, Indian courts while interpreting statutes have to main

tain harnmony with the rules of international law.76

international
. Moreover, national legislation, even if contrary to
law, has to be respected and given priority.
between
3. An extra-ordinary treaty is to be construed as contract

participating nations and is to be affected.77

confers wide and overriding power on Parliament to make
Article 2537
any law for the whole or any part of India for implementing any treatyy,
agreement or convention with any other country or countries, or any
decision made at any international conference, association or body. Thus,
implement to
Article 253 fully authorises Parliament to enact legislation
within the State
the international treaties,'etc., even thoughandthey fall
federal State" jurisdic
LASt II. This power overrides the "normal the State and
tional lines and distribution of legislative powers between to enact a law
the Centre. Further, the power of the Central Government
Or implementing the international treaty is not free from constitutional
The Supreme
ictions, such as they are subject to fundamental rights.
r t in People's Union for Civil Liberties (PUCL) v. Union of India",
eterring to International Covenant on Civil and Political Rights,
and the Universal Declaration of Human Rights, 1948 observed,
t is almost an accepted proposition of Law that the rules of customary

interna onal law which are not contrary to the municipal law shall be
dedeemed to be incorporated in the domestic law."
Sikri also clarified in Kesvananda Bharativ. State of Kerela0
A
CASE PILOT

76. People for Better Living in Calcutta v. State of W.B., AIR 1993 Cal 215; Jolly
eorge Varghese v. Bank of Cochin, (198o) 2 SCC 360.
17. Beru
Union (I), re, AIR 1960 SC 845; Maganbhai Ishwarbhai Patel v. Union of
ndi
ndia, (197o) 3 SCC 400.
78. Ent
Art.
( 9 1 3 &t 14 of the Union List reinforces
1997)1 253.

80.(19 SCC 30I

973) 4 SCC
225.
486 ENVIRONMENTAL LAw
CHAP
It seems that, in view of Article 5I of the Constitution, this court muee
intractable, which is after.
language of the Constitution, if
not
pret the all a
the solemn
municipal law, in light of the United
Nations Charter and
solemn dexla
rations subscribed by India.
Therefore, the Supreme Court has referred to, time and again, Se
international covenants while interpreting fundamental rights and a
to environmental pollution and ecological imbalances.
relating
In Centre for Environmental Law, World Wide Fund-lndia v. Untin.
nion
of India1, the court referred many international instruments to decide
the case, such as the Stockholm Declaration, 1972; the Convention
ions
on Biological Diversity of 1992 (CBD); the 1nternational Union for
Conservation Resolution of 1963 (1UCN); the Red List of International
Union for Conservation, 2008; the International Trade in Endangered
Species of Wild Fauna and Flora, 1973 (CITES). On the basis of them, var.
ious laws and policies have been passed and tormulated,for example, the
Biological Diversity Act, 2002; the National Forest Policy (NFP), 1988:
the National Environment Policy (NEP) 2006; the National Biodiversity
Action Plan (NBAP), 2008; the National Action Plan on Climate Change
(NAPCC), 2008; and the Integrated Development of Wildlife Habitats
a centrally sponsored scheme framed in the year 2009 and integrated
development of National Wildlife Action Plan, 2002-2016.

6. INTERNATIONAL ENVIRONMENTAL LAW AND

ITS APPLICATION INTO THE DOMESTIC LAW
As has been made clear that Indian Parliament alone has the power
make
to
laws
on the laws,
international
Parliament has passed many envi
ronmental laws which have been enacted to implement the international
environmental treaties, covenants and protocols, etc. Following are some
of the instances where such laws have been passed by Indian Parliament
I. The Chemical Weapons Convention Act, 2000 has been passedto
give effect to the Convention on the Prohibition of the Development
Production, Stockpiling and Use of Chemical Weapons signed
India at Paris on 14 January 1993. Schedule of the Act has
Tcfrom
duced the provisions of the abovementioned convention
Article I to 24.
The Environment (Protection) Act, 1986 and the Air (Preventio
and Control of Pollution) Act, 1981 have been passed to nple
ment the decision taken at Stockholm in
which 1s
1972 Kn
Stockholm Declaration, 1972..
3. CFC Substance Rule of 2000 notified under the Environm ntreal

(Protection) Act, 1986 has been passed to implement the

81. (2013) 8 SCC 234.
 INTERNATIONAL ENVIRONMENTAL LAW
487
Contere Corence, I987, Vienna Convention for the Protection of the
Layer, 1985 and Kyoto Protocol, 1977, etc.
O7
The
hlic Liability Insurance Act, 1991 was passed to fulfil the
mitment made by India "to develop national
nent made
hility
laws regarding
and compensation for the victims of pollution and other
bility and
e

vironmental damages" called upon as per decision at the UN

n v i r o n m e n t a l

nference o
on
Conference n Environment- and Development held at Rio de
Janeiro June I992. in

Similarly, the National Environment Tribunal Act, 1995 Provides

imilarly, the
that the Act has been passed as "decisions were taken at the UN
Conference on Environmental and Development held at Rio de
Janeiro in June 1992, in which India participated, calling upon
States to develop national lawS regarding liability and compensa-
tion for the victims of pollution and other environmental damages".
The Wild Life (Protection) Act, 1972 was amended in 1993 to give
effect to various provisions of the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES),
1973, since India was a party to this convention. This Act was
amended to fall in line with the global concept to protect and pre-
serve the endangered species like African elephant and to ban the
import of ivory. Similarly, the Wild Life (Protection) Amendment
Act, 2002 has been passed by Parliament to completely ban the
possession of ivory whether by a trader or by a person.

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The
following
through cases from this chapter
EBC Explorer are available

France v. opain
Spain (Lake
(Lak Lanoux case), (1957) 24 ILR 101
Kes
Kest znanda CASE PILOT
Bharati v. State Kerela, (1973) 4 SCC 225
InitedKingdom v. Albania,of 1949 ICJ 4
United States .Canada, (1939) 33 AJIL 182