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Module I: [International Environmental Law]

Stockholm Declaration on the Human Environment (1972)

INTRODUCTION
The concept of environmental protection is not limited to one country or region. Therefore, there
was a growing need for international intervention in the world and various efforts were made to
do so.
The proposals and declarations made by those efforts were a major turning point in international
environmental law.
Among them is the Stockholm Convention of 1972.

STOCKHOLM DECLARATION ON THE HUMAN ENVIRONMENT


- The United Nations hosted the very first conference on the Human Environment which was held
in 1972 in Stockholm (Sweden), and officially it is known as the Stockholm Declaration of 1972.
- The conference was held for a basic common outlook on how to address the challenge of
conserving and enhancing the human environment.
- The main principle of the Stockholm declaration was "to serve as a practical means to encourage
and to provide guidelines to protect and improve the human environment and to remedy and
prevent its impairment".
- This conference was organised in Stockholm (Sweden) from 5th to 16th June 1972 and it was
the very first conference which communicated the Environmental Issues at the International level
and tried to find a way to tackle the air, land, water pollution, deforestation, habitat destruction,
and the unchecked release of hazardous chemicals etc. by working together as a unit to safeguard
the human environment for a better tomorrow.
- The Stockholm Conference also led the United Nations Environment Programme (UNEP) in
December 1972 to coordinate the global efforts to safeguard our natural human environment.

- The Stockholm Conference was attended by 114 government delegations and numerous non-
governmental organizations.
- The conference came up with several frameworks for environmental actions, an action plan
containing 109 recommendations related to human settlements, development, natural resource
management, educational and social aspects of the environment, pollution and International
organizations.
- The Declaration urges every country to create regulations for protecting wildlife and natural
resources that are available in that country and suggests that every country create national
population policies since overpopulation is also one of the major causes why we are left with
limited natural resources today.

IMPORTANT PROVISIONS
The Stockholm Declaration, 1972 comprises the proclamation of 26 principles and several other
submissions of recommendations. Every principle which is laid down in the Stockholm
declaration is an important provision of the declaration. These 26 principles are as follows:

Principle 1: Right to Protect Environment: Article 21 of the Indian Constitution which talks
about Right to life includes Right to a healthy environment as well. It is the human right of a man
to live in a healthy environment and to protect the environment and the human can take any legal
action against the one who is destroying the environment, as the right to a healthy environment
is a fundamental right of a person.

Principle 2: Management of Natural Resources: The human must manage the natural resources
available on earth and it applies to all the natural resources which include air, water, land and
samples of the natural ecosystem so that the upcoming generations would also be able to enjoy
the natural resources. But this requires accurate planning and management and this would happen
only if we safeguard our natural resources today, we can save the natural resources for future
generation.

Principle 3: Management of Renewable Resources: In the war of saving our resources, the
human community needs to come up as one unit to maintain the capacity of the earth to produce
vital renewable resources.

Principle 4: Conservation of Wildlife: The humans shall take it as a responsibility to safeguard


and manage the heritage of wildlife and its habitat, which are now in danger because of the acts
done by them. Everyone has to come up as one unit for working effectively to protect our nature
including wildlife and must understand the importance of nature in planning for economic
development.
Principle 5: Management of Non-Renewable Resources: As we all are aware of the fact that
we are today left with very limited non-renewable resources, we must contribute in order to save
our non-renewable resources which are available on earth and must employ them in a way to
safeguard against the danger of their future exhaustion and must ensure their benefits are shared
with the whole mankind.

Principle 6: Pollution Control: The main causes of pollution are the gases, liquid substances,
toxic substances or other substances which industries or mills discharge and such quantities of
harmful substances pollute the environment in which we live. Every person should put their
possible efforts and should protect the environment from pollution. Everyone has to struggle a bit
to control the pollution on the earth so that everyone enjoys nature without pollution.

Principle 7: Prevention of Pollution of Seas: The State government shall take some major
actions to protect the seas from pollution, especially from the industries that are polluting the
rivers by discharging hazardous chemicals in it and from the tourists who throw plastic in rivers
and other substances that are hazardous to human health and to living resources as well.

Principle 8: Economic and Social Development: Economic and Social development is essential
for ensuring a comfortable living but the act done by humans shall not affect the environment.
The working environment of men is necessary for the improvement of the quality of life but the
act shall be in such a way that our environment does not suffer due to that and we would be able
to live in a pollution-free environment.

Principle 9: Underdevelopment and Natural Disaster: Environmental deficiencies generated


by the conditions of underdevelopment and natural disasters can best be remedied by investing
in substantial amounts of financial and technological assistance.

Principle 10: Stability of Prices of Primary Commodities: The stability of prices and adequate
earnings for primary commodities and raw materials are essential for environmental management
in the developing countries.

Principle 11: Environmental Policies: The government should introduce some environmental
policies for controlling pollution and for the development of countries so that pollution does not
affect the present and future generations. The State should adopt an integrated and coordinated
approach to developing such plans.
Principle 12: Environment Protection Education: Humans need to be educated about
environmental protection to make them much aware about the issue. It is essential and it should
be communicated to humans by conducting skits or through media or any other medium to make
people aware of the environmental crisis so that people would work effectively to control the
pollution by putting their efforts.

Principle 13: Rational Management of Resources: It is essential for every State to adopt an
integrated and coordinated approach for the development of the country and every plan must work
in an effective way. The purpose behind is to achieve the rational management of resources.

Principle 14: Rational Planning: Rational planning is an essential tool for confirming any
clashes between the needs of development and the need to protect and improve the environment.

Principle 15: Human Settlement: The settlement of the human community must be planned and
organised well for the purpose of avoiding the effects on the environment.

Principle 16: Human Population: The government has to introduce some policies for
controlling the population and must work according to such policies, with the view for controlling
the population on the earth as it is one of the major issues of the earth and we should work
effectively to control it. Today most of the countries have a large population and increasing
population growth has adverse effects on the environment.

Principle 17: Setting of Environmental Pollution Control Agencies at National Level: For
the purpose of saving the environment, the government must establish Environmental Pollution
Control Agencies at national level and shall grant them the power to control the pollution at the
national level. The agency must be established with proper planning and management to control
the pollution and protect the resources.

Principle 18: Use of Science and Technology: In this generation Science and technology have
developed completely and it is suggested that the government should take some help of science
and technology to control the pollution and save the environment for a better tomorrow. Science
and technology must work in a manner to control environmental problems and must come up
with new research and innovations.
Principle 19: Education in Environmental Matters: The earth is suffering from pollution and
it is essential to educate humans about environmental matters to make people aware of the issues
of the environment, so that every individual, enterprise and community could put their joint
efforts for protecting and improving the environment in its full human dimension.

Principle 20: Further Scientific Research: The government must promote new scientific
research and innovations for the development in the context of environmental problems in all the
countries, especially in the developing countries.

Principle 21: Rights and Responsibility of Sovereign Nation: The sovereign nations must look
towards the activities of their nation and must take care that it would not affect the environment
in their jurisdiction and shall not cause damage to the environment of other states or areas beyond
the limits of their national jurisdiction.

Principle 22: Development of International Law: It is important that every State should
cooperate to develop International law regarding liability and compensation for the ones who are
polluting our environment, as we all have to fight as one unit to protect our environment against
the pollution.

Principle 23: Implementation of Agenda by Every Country: Without prejudice to such criteria
as may be agreed upon by the international community, or to standards which will have to be
determined nationally, it will be essential in all cases to consider the system of values prevailing
in each country, and the context of the applicability of standards which are valid for the most
advanced countries but which may be inappropriate and of unwarranted social cost for the
developing countries.

Principle 24: International Cooperation: Every country on the earth should contribute on an
equal level towards the International law for protecting our environment and our natural
resources. For the improvement of the environment, it must be handled in a cooperative spirit by
all the countries as a union.

Principle 25: Coordinated and Dynamic Role: The International organisations play an efficient
and dynamic role for safeguarding and improving the environment and every state must ensure
that to every human.
Principle 26: Ban on Nuclear Weapons: No country should use the nuclear weapon against any
country, nuclear weapons must be eliminated by every country.

CONCLUSION
The Stockholm Declaration had created history in the world as it was the first conference which
was hosted by the United Nations on environmental issues at the global level.
The conference emphasizes various nations to come up with innovative plans in order to lower
the air, water and land pollution. 114 other countries had attended the conference. The declaration
was made to achieve environmental goals, to live in a pollution-free environment, save the earth
from every type of abuse against the environment and the slogan of the declaration was also "Only
One Earth".
The declaration proclaims that humans are both the creature and the moulder of the environment
and we are only responsible for the situation we are suffering from today.
Every individual should know their responsibilities and must perform some acts for the protection
of the environment and earth for a better tomorrow.

Establishment of Environmental Institutions

1. UNEP
As a direct outcome of the Stockholm Conference, the United Nations Environment Programme
(UNEP) was established in 1972. UNEP became the global authority on environmental matters,
serving as a hub for coordinating international efforts to address environmental challenges.
Background and Rationale for UNEP:
- Post-World War II Environmental Concerns: The aftermath of World War II brought attention
to environmental issues, with concerns about pollution, resource depletion, and the impact of
industrialization on the planet.

- Emergence of Global Environmental Consciousness: The 1960s and early 1970s witnessed a
rise in global environmental consciousness, marked by events like the 1962 publication of
Rachel Carson's "Silent Spring" and the 1972 Stockholm Conference on the Human
Environment.
Key Milestones Leading to UNEP:
- The Stockholm Conference was a pivotal event that laid the groundwork for the establishment
of UNEP. Held from June 5 to 16, 1972, it was the first global conference on the environment.
- The Stockholm Declaration adopted at the conference emphasized the need for international
cooperation to address environmental challenges and led to the creation of UNEP.

Establishment of UNEP:
- Following the Stockholm Conference, the United Nations General Assembly recognized the
need for a dedicated organization to address environmental issues. In December 1972, it
adopted UN General Assembly Resolution (2997 XXVII) to establish UNEP. It was conceived
to monitor the state of the environment and coordinate responses to the world's greatest
environmental challenges.
- Inauguration: UNEP was officially established on December 15, 1972. Its headquarters are in
Nairobi, Kenya, reflecting a commitment to have a presence in a developing country.
- UNEP's mandate is to provide leadership and encourage partnerships in caring for the
environment by inspiring, informing, and enabling nations and peoples to improve their
quality of life without compromising that of future generations.

Objectives and Functions of UNEP:


• Coordination of Environmental Activities: UNEP serves as the principal UN agency for
coordinating environmental activities, providing a platform for dialogue and collaboration
among member states.
• Research and Assessment: UNEP conducts research and assessments to provide the scientific
basis for international environmental policies.
• Capacity Building: One of UNEP's key functions is to enhance the capacity of countries to
address environmental challenges through technical assistance, training, and the promotion of
sustainable practices.
• International Environmental Governance: UNEP plays a crucial role in the development of
international environmental law and governance frameworks.

Key Programs and Initiatives:


• Montreal Protocol: UNEP has been instrumental in the implementation of the Montreal
Protocol, an international treaty designed to protect the ozone layer by phasing out the
production of substances responsible for ozone depletion.
• Global Environment Facility (GEF): UNEP collaborates with the GEF to address global
environmental issues, including biodiversity loss, climate change, and land degradation.
• UNEP Finance Initiative: This initiative engages the global financial sector to integrate
sustainability into financial practices, promoting responsible investment and banking.

Challenges and Criticisms:


- Funding Issues: UNEP has faced challenges related to funding, with some critics arguing that
its budget is insufficient to address the magnitude of global environmental problems
adequately.
- Coordination with Other UN Agencies: Coordinating environmental efforts across various
UN agencies and international organizations has been an ongoing challenge.

UN Conference on Environment & Development, 1992

The Earth Summit, officially known as the United Nations Conference on Environment and
Development (UNCED), held in Rio de Janeiro, Brazil, in 1992, was a pivotal event in the history
of global environmental governance. This landmark conference brought together world leaders,
policymakers, and stakeholders to address pressing environmental and developmental challenges.

Historical Context
As the 20th century drew to a close, the world faced a confluence of environmental crises,
including climate change, biodiversity loss, deforestation, and pollution. The need for concerted
global action to address these challenges became increasingly apparent. Against this backdrop,
the United Nations convened the Earth Summit in Rio de Janeiro from June 3 to 14, 1992. This
historic event aimed to reconcile economic development with environmental sustainability and
social equity.

Key Outcomes of the Earth Summit


1. Rio Declaration on Environment and Development
The Rio Declaration, a cornerstone of the Earth Summit, consists of 27 principles that guide the
relationship between environmental protection and development. Some key principles include the
"precautionary principle," which emphasizes the need to take preventive action in the face of
environmental threats, and the "polluter pays principle," which assigns responsibility for
environmental harm to those who cause it.
2. Agenda 21
Agenda 21 is a comprehensive action plan adopted at the Earth Summit. It provides a blueprint
for sustainable development at the local, national, regional, and global levels. Agenda 21
encompasses a wide range of issues, including poverty alleviation, biodiversity conservation,
sustainable agriculture, and the promotion of renewable energy sources. It calls for integrated
decision-making and the active involvement of governments, civil society, and the private sector.

3. Convention on Biological Diversity (CBD)


The Earth Summit led to the adoption of the CBD, one of the three major Rio Conventions. CBD
aims to conserve biological diversity, sustainably use its components, and ensure the equitable
sharing of benefits derived from genetic resources. It has played a pivotal role in promoting
biodiversity conservation and sustainable development worldwide.
4. United Nations Framework Convention on Climate Change (UNFCCC)
The UNFCCC was another significant outcome of the Earth Summit. It established a framework
for international cooperation to combat climate change. The subsequent Kyoto Protocol and the
Paris Agreement built upon the UNFCCC, setting emission reduction targets and mechanisms for
addressing climate-related challenges.
5. Forest Principles
The Forest Principles, adopted at the Earth Summit, provide guidance for sustainable forest
management. They emphasize the need to conserve and sustainably manage forests and recognize
the vital role of forests in combating desertification and biodiversity loss.
6. Declaration of Environment and Development
The Declaration of Environment and Development reaffirmed the commitment of the
international community to sustainable development. It called for a global partnership to address
environmental challenges, alleviate poverty, and promote social equity.

Rio Principles

Having met at Rio de Janeiro from 3 to 14 June 1992,


- Reaffirming the Declaration of the United Nations Conference on the Human Environment,
adopted at Stockholm on 16 June 1972, a/ and seeking to build upon it,
- With the goal of establishing a new and equitable global partnership through the creation of
new levels of cooperation among States, key sectors of societies and people,
- Working towards international agreements which respect the interests of all and protect the
integrity of the global environmental and developmental system,
- Recognizing the integral and interdependent nature of the Earth, our home,
Proclaims that:
Principle 1: Human beings are at the centre of concerns for sustainable development. They are
entitled to a healthy and productive life in harmony with nature.
Principle 2: States have, in accordance with the Charter of the United Nations and the principles
of international law, the sovereign right to exploit their own resources pursuant to their own
environmental and developmental policies, and the responsibility to ensure that activities within
their jurisdiction or control do not cause damage to the environment of other States or of areas
beyond the limits of national jurisdiction.
Principle 3: The right to development must be fulfilled so as to equitably meet developmental
and environmental needs of present and future generations.
Principle 4: In order to achieve sustainable development, environmental protection shall
constitute an integral part of the development process and cannot be considered in isolation from
it.
Principle 5: All States and all people shall cooperate in the essential task of eradicating poverty
as an indispensable requirement for sustainable development, in order to decrease the disparities
in standards of living and better meet the needs of the majority of the people of the world.
Principle 6: The special situation and needs of developing countries, particularly the least
developed and those most environmentally vulnerable, shall be given special priority.
International actions in the field of environment and development should also address the interests
and needs of all countries.
Principle 7: States shall cooperate in a spirit of global partnership to conserve, protect and restore
the health and integrity of the Earth's ecosystem. In view of the different contributions to global
environmental degradation, States have common but differentiated responsibilities. The
developed countries acknowledge the responsibility that they bear in the international pursuit of
sustainable development in view of the pressures their societies place on the global environment
and of the technologies and financial resources they command.
Principle 8: To achieve sustainable development and a higher quality of life for all people, States
should reduce and eliminate unsustainable patterns of production and consumption and promote
appropriate demographic policies.
Principle 9: States should cooperate to strengthen endogenous capacity-building for sustainable
development by improving scientific understanding through exchanges of scientific and
technological knowledge, and by enhancing the development, adaptation, diffusion and transfer
of technologies, including new and innovative technologies.
Principle 10: Environmental issues are best handled with the participation of all concerned
citizens, at the relevant level. At the national level, each individual shall have appropriate access
to information concerning the environment that is held by public authorities, including
information on hazardous materials and activities in their communities, and the opportunity to
participate in decision-making processes. States shall facilitate and encourage public awareness
and participation by making information widely available. Effective access to judicial and
administrative proceedings, including redress and remedy, shall be provided.
Principle 11: States shall enact effective environmental legislation. Environmental standards,
management objectives and priorities should reflect the environmental and developmental
context to which they apply. Standards applied by some countries may be inappropriate and of
unwarranted economic and social cost to other countries, in particular developing countries.
Principle 12: States should cooperate to promote a supportive and open international economic
system that would lead to economic growth and sustainable development in all countries, to better
address the problems of environmental degradation. Trade policy measures for environmental
purposes should not constitute a means of arbitrary or unjustifiable discrimination or a disguised
restriction on international trade. Unilateral actions to deal with environmental challenges outside
the jurisdiction of the importing country should be avoided. Environmental measures addressing
transboundary or global environmental problems should, as far as possible, be based on an
international consensus.
Principle 13: States shall develop national law regarding liability and compensation for the
victims of pollution and other environmental damage. States shall also cooperate in an expeditious
and more determined manner to develop further international law regarding liability and
compensation for adverse effects of environmental damage caused by activities within their
jurisdiction or control to areas beyond their jurisdiction.
Principle 14: States should effectively cooperate to discourage or prevent the relocation and
transfer to other States of any activities and substances that cause severe environmental
degradation or are found to be harmful to human health.
Principle 15: In order to protect the environment, the precautionary approach shall be widely
applied by States according to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective
measures to prevent environmental degradation.
Principle 16: National authorities should endeavour to promote the internalization of
environmental costs and the use of economic instruments, taking into account the approach that
the polluter should, in principle, bear the cost of pollution, with due regard to the public interest
and without distorting international trade and investment.
Principle 17: Environmental impact assessment, as a national instrument, shall be undertaken for
proposed activities that are likely to have a significant adverse impact on the environment and are
subject to a decision of a competent national authority.
Principle 18: States shall immediately notify other States of any natural disasters or other
emergencies that are likely to produce sudden harmful effects on the environment of those States.
Every effort shall be made by the international community to help States so afflicted.
Principle 19: States shall provide prior and timely notification and relevant information to
potentially affected States on activities that may have a significant adverse transboundary
environmental effect and shall consult with those States at an early stage and in good faith.
Principle 20: Women have a vital role in environmental management and development. Their
full participation is therefore essential to achieve sustainable development.
Principle 21: The creativity, ideals and courage of the youth of the world should be mobilized to
forge a global partnership in order to achieve sustainable development and ensure a better future
for all.
Principle 22: Indigenous people and their communities and other local communities have a vital
role in environmental management and development because of their knowledge and traditional
practices. States should recognize and duly support their identity, culture and interests and enable
their effective participation in the achievement of sustainable development.
Principle 23: The environment and natural resources of people under oppression, domination
and occupation shall be protected.
Principle 24: Warfare is inherently destructive of sustainable development. States shall therefore
respect international law providing protection for the environment in times of armed conflict and
cooperate in its further development, as necessary.
Principle 25: Peace, development and environmental protection are interdependent and
indivisible.
Principle 26: States shall resolve all their environmental disputes peacefully and by appropriate
means in accordance with the Charter of the United Nations.
Principle 27: States and people shall cooperate in good faith and in a spirit of partnership in the
fulfilment of the principles embodied in this Declaration and in the further development of
international law in the field of sustainable development.

Kyoto Protocol
Kyoto Protocol also referred to as the Kyoto Protocol to the United Nations Framework
Convention on Climate Change (UNFCCC) was an environment related treaty that was signed in
the city of Kyoto in the year 1997.
- Kyoto Protocol was named after the Japanese city of Kyoto.
- The main aim of the Kyoto Protocol was to work towards reducing the emission of greenhouse
gases.
- The six identified green gases were Carbon Dioxide, Methane, Nitrous Oxide,
Perfluorocarbons, Hydro-fluorocarbons and Sulfur Hexafluoride. These six gases were known
to be causing global warming and the main aim of the Kyoto Protocol was to reduce the
amount of emission of greenhouse gases.
- It came into effect in the year 2005 and the Kyoto Protocol wanted 41 countries and the
European Union to participate in the protocol.
- The Kyoto Protocol wanted those 41 countries and the European Union to reduce the emission
of greenhouse gases to 5.2 percent.
- The process of reduction was scheduled in the “Commitment Period” and the commitment
period was from the year 2008 to 2012.

Provisions related to the Kyoto Conference:


The Kyoto Protocol was part of the United Nations Framework Convention on Climate Change
(UNFCCC). The conference wanted its participant countries to make and amend programs that
would result in the reduction of emissions of greenhouse gases. The reason they wanted the
participant countries to make amendments was that there was a rise in temperature which was
global warming.
The Intergovernmental Panel which was established under the United Nations and the World
Meteorological Organization laid down the ill effects of global warming and they were due to the
heating of earth’s atmosphere, for instance the polar caps in the Arctic will start melting and then
eventually there will be arctic permafrost.
Melting of ice will result in a rise of sea level and which would lead to two further problems, first
the flora and fauna of the Arctic will be destroyed and second, majority of low-lying coastal cities
will be flooded along with many islands completely submerging in water. These ill effects don’t
just stop there, adding more to the list there would be extreme climate change, flood, drought and
finally a mass scale of extinction of human and plant life on the planet. The mass scale will
account for 20-30% of life forms on planet Earth.
So, in the Kyoto Protocol, the officials divided the countries into two parts, namely Annex I and
Annex II. So, Annex I consisted of developed countries and the developing countries was put in
Annex II.
• The protocol insisted the percent of reduction of the gases shall be around the 5.6 percent
mark, but each country was allowed to set their own emission reduction parameters. The Kyoto
Protocol put the emission restrictions in the countries that were included in Annex I.
• By the time the agreement was put into force
- the members of the European Union set the restriction to 8 percent,
- Canada set it to 6 percent and
- Unites State of America set it to 7 percent.
It was not necessary for all countries to limit their emissions. The reason was that each country
had its own different circumstances which made fixing the limitation number pretty difficult.
Those different circumstances included many countries had their own industrial belts and some
countries had scattered industries throughout.
The reason countries in Annex II were not subject to emission restriction is because they were
developing countries. Developing countries needed much more industries to function and those
countries might lack the means to amend the Kyoto Protocol. On the other hand, Kyoto Protocol
dedicated the majority of the Annex I participants and also countries who had their economy in
conversion.
The Kyoto Protocol came into force in the year 2005 when 55 of the participants of Annex I
sanctioned the Protocol. Those 55 countries actually resulted in 60% of total greenhouse gases
emission in the year of 1990.

Means suggested by the Kyoto Protocol:


The Kyoto Protocol laid down many measures which aimed at reducing the greenhouse gases
emission. (7 Methods):
I. Sinks: Sinks are actually natural processes, an example of a sink would be planting of trees to
remove carbon dioxide. It was the most basic method introduced by the Protocol.

II. Subsidies: The Kyoto Protocol suggested its participating countries to provide subsidies to
industries. The method stated that the Government should pay subsidies to the industries as
per the amount of greenhouse gas emissions they reduce. It was supposedly an effective
measure.

III. Introduction of taxes: The third method was the introduction of taxes. The government may
impose a substantial amount of taxes for greenhouse gas emission. This would be a two-way
advantage for the government. First, the tax acts as a revenue-generating mechanism for the
government, second it would force industries to produce fewer greenhouse gases.

IV. Research And Development Policy: The international program of Clean Development
Mechanism invigorated developed countries to capitalize on fresh and improved technology
which would result in less release of greenhouse gases. Furthermore, the Clean Development
Mechanism also suggested developed countries to invest in new technologies in developing
countries which would benefit both parties and will also lead to a reduction in emissions of
greenhouse gases.

V. Use of Green Power or Green Power Policy: Under the green power policy, the government
must help private firms and sectors to use clean energy sources instead of fossil fuels or coal.
Usage of clean and green energy would automatically result in the reduction of greenhouse
gas emissions and it would also act as a sustainable method where the current generation
would not end up using a majority of the non-renewable sources of energy like coal, fossil
fuel, and wood.

VI. Kyoto Protocol’s flexibility mechanism and that is International Emission Trading or IET:
International Emission Trading was a better alternative to subsidies or taxes. Under
International Emission Trading the government distributes a restricted number of licenses to
release definite air pollutants i.e. greenhouse gases for a specific extent of time/duration. Such
licenses can further be sold in the secondary market once a company gets hold of it.

VII. Joint Implementation: Under joint implementation or JI, one country from Annex I can invest
its resources to another country from Annex I. Such investment shall be related to any project
that aims to reduce greenhouse gases emission.

Criticism of the Kyoto Protocol:


Even though the Kyoto Protocol was a treaty that involved almost all the big countries of the
world but it still received its fair share of criticism.
- The biggest critique of the Kyoto Protocol was that it was insufficient to avert much of
environmental damages. Also, the costs incurred for the Kyoto Protocol outweighs its benefit.
Kyoto Protocol has very generous limitation rate and delusional view on the effect of global
warming.
- Another factor for criticism is the fact that even the Kyoto Protocol came into force in the year
2005, it still uses its baseline as 1990. There had been lots of changes by that time period. It
makes it out-dated and irrelevant.
- Also, the Kyoto Protocol exempted developing countries from the limitation rate which was
not required. China is a developing country and it was exempted but the harsh fact is that
China is the largest emitter of greenhouse gases. So the Kyoto Protocol should have considered
other factors other than the label of developed and developing countries. Kyoto Protocol also
failed to address any long-term impact of such emissions and this makes the Protocol looks
less visionary.

Earth Summit+10 & Earth Summit +20


- Agenda 21 was a part of the Earth Summit under the United Nations Conference on
Environment and Development (UNCED). It was made in favour of sustainable development.
Agenda 21 is an action plan of the United Nation and it is non-binding in nature.
- Agenda 21 is in reference to the 21st Century and that is what the number 21 stands for in
Agenda 21. The main focus of Agenda 21 is to attain sustainable development throughout the
world and to commit every local government of every country to make their own Agenda 21
plans to secure sustainable development.
- It came into existence at the Rio Earth Summit in the year 1992 and the slogan for Agenda 21
was “think globally and act locally”.

Evolution of Agenda 21:


Rio +5 (1997)
This was the initial phase of the Rio Conference. Then Prime Minister of Norway Ms. Gro Horlem
Brundtland talked about some of the most common problems that our world is facing. The
problems that came into the light were the growing and broadening gap of wealth between rich
and poor, increase in globalization and finally the worsening state of Earth’s environment. It was
talked and dealt in the year 1997.
As a result of pointing out such key trends and problems, our world is facing, the General
Assembly of the United Nations guaranteed additional actions regarding such. So Agenda 21
came into light.
Rio +10 (2002)
Earth Summit with the main theme as Summit on Sustainable Development took place in the year
2002. It was introduced in the Johannesburg Plan of Implementation.
So, what the Johannesburg Plan of Implementation intended to do that they completely
implemented the Agenda 21. Even though it was non-binding in nature but still it was
implemented throughout the world.
Alongside implementing Agenda 21, the United Nations also planned to achieve the Millennium
Development Goals. The Millennium Development Goals was put alongside with Agenda 21 and
it was focused towards the newer generation of people.
Millennium Development Goals:-
MDG or Millennium Development Goals is a part of the Johannesburg Plan of Implementation.
The provision of Millennium Development Goals is to achieve certain factors. Those factors from
Millennium Development Goals are as follows:
1. To remove poverty and hunger amongst people
2. To promote primary education among all age group
3. To instill gender equality and to remove such gender-based discrimination.
4. MDG also aims to reduce child mortality.
5. MDG plans to curb diseases such as HIV, Malaria and other such diseases.
6. MDG also aims to have a sustainable environment.
7. MDG also aims to introduce a worldwide partnership among countries for wholesome
development.
8. These are the goals that were drawn out in the Millennium Development Goals.

Agenda 21 for culture:-


Agenda 21 for culture is also known as Culture 21. So, Culture 21 was brought into existence in
the year 2002-04. The main focus of creating Culture 21 ways to introduce local culture and
further promote it in an international ground. So once a culture is promoted that certainly means
it will eventually result in the economic growth of that country as well.
This time by the provisions of Culture 21, the United Nations focused much more on household
development of sustainable development. When Agenda 21 was introduced, the United Nations
did not focus more on culture.

Rio +20 (2012)


Rio +20 also known as Rio 2012 was another international conference on sustainable
development by the United Nations. Rio 2012 was a 10-day summit and this time the United
Nations focused on sustainable development along with economic development.
Rio 2012 mainly focused on three objectives and they are:
1. Acquiring new political support from countries for sustainable development.
2. Acknowledging the progress made in the last 20 years and trying to cover the gaps of all
previous pledges.
3. Discussing all new problems and their solutions.
Rio +20 was the biggest UN event and it attracted the attention of several communities. It was
still a part of Agenda 21 which came into existence 20 years ago. But the absence of Barack
Obama, David Cameron, and Angela Merkel showed that sustainable development was still not
a priority.
The outcome of Rio +20 was the government of 192 countries renewed their policies regarding
sustainable development. The motto of Rio +20 was “what we want”.
Some of the outcomes of Rio +20 are as follows:
➢ The emergence of SDG or as known as Sustainable Development Goals. Sustainable
Development Goals planned to succeed in MDG or Millennium Development Goals.
➢ The participant countries planned to find an alternative to the Gross Domestic Product as a
measure for the wealth of a country. The plan was to also include social and environmental
factors while measuring a country’s wealth.
➢ The plan also wanted participant countries to implement a change in the taxation system. The
new proposed system discussed that low wage workers, labourers shall pay fewer taxes and
polluters and operators shall more tax.
➢ Another outcome was all the participant nations confirmed that they would segment out
subsidies of fossil fuel.
➢ Finally, all the participant nations talked about more than 400 voluntary programs.

Paris Agreement (2015)


The Paris Agreement, adopted in 2015 during the 21st Conference of the Parties (COP21) to the
United Nations Framework Convention on Climate Change (UNFCCC), is a landmark
international accord that represents a historic commitment by the global community to address
climate change.
The Paris Agreement was the culmination of decades of international negotiations aimed at
addressing the growing threat of climate change. Climate scientists had been sounding the alarm
for years, warning of the dire consequences of rising greenhouse gas emissions, including global
temperature increases, sea-level rise, extreme weather events, and the disruption of ecosystems.
The UNFCCC, established in 1992, provided the framework for these negotiations. Previous
efforts, such as the Kyoto Protocol, had laid the groundwork for international cooperation on
emissions reductions, but they were limited in scope and faced challenges in achieving global
consensus.
By the time COP21 convened in Paris in December 2015, there was a growing recognition that a
new, more inclusive, and ambitious agreement was needed to address the pressing climate crisis.

The Paris Agreement consists of several key provisions that set the stage for global climate action:
1. Global Temperature Goal: The Paris Agreement aims to limit the increase in global
average temperature to well below 2 degrees Celsius above pre-industrial levels, with an
aspiration to limit it to 1.5 degrees Celsius. This ambitious goal seeks to prevent the most
catastrophic impacts of climate change.
2. Nationally Determined Contributions (NDCs): Each participating country submits its
NDC, which outlines its specific emissions reduction targets and strategies. Countries are
encouraged to enhance their NDCs over time. The regular updating of NDCs allows for increased
ambition in addressing climate change.
3. Adaptation and Loss & Damage: The Paris Agreement recognizes the importance of both
adapting to the impacts of climate change and addressing the loss and damage caused by these
impacts, particularly in vulnerable and developing countries.
4. Finance and Support: Developed countries commit to providing financial support to
developing countries to assist them in mitigating and adapting to climate change. This includes
both public finance and mobilization of private sector funding.
5. Transparency and Accountability: The agreement establishes a framework for monitoring,
reporting, and verifying countries' progress in meeting their NDCs. This transparency and
accountability mechanism is essential for building trust among nations.
6. Global Stocktake: The Paris Agreement mandates a global stocktake every five years to
assess collective progress towards the agreement's goals. This process informs the enhancement
of NDCs and promotes ongoing ambition.
7. Technology Transfer and Capacity Building: The agreement encourages the sharing of
climate-friendly technologies and knowledge, particularly with developing countries. It also
supports capacity building to help nations implement climate actions effectively.

Significance of the Paris Agreement


1. Global Consensus: The Paris Agreement represents a remarkable achievement in
diplomacy, as 196 countries reached a consensus on a shared vision for addressing climate
change. This level of global cooperation is unparalleled in climate negotiations.
2. Ambitious Temperature Goals: The agreement's commitment to limit global warming to
well below 2 degrees Celsius, with efforts to limit it to 1.5 degrees Celsius, reflects the scientific
consensus on the need for ambitious action to avoid catastrophic climate impacts.
3. Flexibility and Inclusivity: The Paris Agreement's bottom-up approach allows each country
to determine its own climate action plan, making it more inclusive and flexible. This encourages
participation from a wide range of nations.
4. Finance and Support for Developing Countries: The agreement recognizes the historical
responsibility of developed countries for climate change and commits them to providing financial
support to developing countries. This financial assistance is essential for equitable climate action.
5. Non-State Actors' Engagement: The Paris Agreement has galvanized action beyond
national governments. Cities, regions, businesses, and civil society have played a significant role
in advancing climate goals, demonstrating a broader commitment to climate action.
6. Catalyst for Further Climate Action: The Paris Agreement has served as a catalyst for
countries and non-state actors to accelerate their climate efforts. It has inspired commitments to
carbon neutrality, renewable energy transitions, and sustainable development.
Paris Climate deal with India
India, the fourth- largest carbon emitter in the world having population of approximately 1.3
billion people also took a step towards reducing the climate by ratifying the Paris Climate
Agreement on 2 October, 2016 to become the 62nd nation to join the deal as was announced by
the current PM Narendra Modi while addressing the BJP’s national executive meet in Kozhikode,
Kerala.
India has attempted to adjust its carbon emissions with its economic development objectives by
not setting any goal for reducing pollution.
In any case, being a part of the worldwide climate change administration, India will have
noteworthy commitments to meet under the treaty. The nation should decrease its carbon
emissions by 33-35% from its 2005 levels. This must be accomplished by 2030.

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