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(..10 ..)
INTERNATIONAL REGIME
QUESTION BANK
Q.1. Explain the importance of the Rio Declaration on Environment and Development.
Q.2. Write a detailed note on the Stockholm Conference.
Q.3. Write a detailed note on āthe Greenhouse effectā and āOzone depletion.
Q.4. How does an international regime helps to protect the environment?
Q.5. Explain the role and importance of the āRio conferenceā.
Q. 6 What is the importance of the Stockholm Conference 1972 for the conservation and
regulation of the human environment?.
SHORT NOTES
1. Biodiversity
2. Wetland.
3. Green House Effect.
SYNOPSIS
Table of Contents
I) Stockholm Conference Declaration:-.................................................................................... 74
III] BIO-DIVERSITY................................................................................................................... 79
1) Ozone Layer:-....................................................................................................................... 82
3) International Efforts to Protect Ozone Layer:-..................................................................... 83
3] Reasons for Increase in Green House Gases:-..................................................................... 84
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3) Indian Efforts to Protect Wetlands:-..................................................................................... 85
I]
STOCKHOLM CONFERENCE
Stockholm Conference Declaration
1) Right of quality environment and responsibility to protect it
2) Natural resources of the earth must be safeguarded
3) Capacity of the earth to produce must be maintained
4) Heritage of wildlife
5) Proper use of non-renewable resources
6) Discharge of toxic substances must be stopped
7) Preventive measures by the State
8) Insure economic and social development
9) Environmental deficiencies must be remedied
10) Stability of prices and adequate earning must be ensured
11) Developing potential of developing countries must be insured
12) Availability of resources is to be insured
13) State must adopt integrated approach
14) Rational planning
15) Planning to avoid adverse effects
16) Application of demographic policies
17) National institution for planning etc
18) Application of science and technology to reduce environmental risks
19) Education on environment
20) Promotion of scientific research
21) States not to cause environmental damage to other states
22) Cooperation among states
23) Consideration of systems of values and prevailing in each country
24) Handling of international matters concerning the environment
25) Recognize role of international organizations
26) Destruction of Nuclear weapons and means of mass destruction
and its habitat must be safeguarded
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The Stockholm Conference is considered an important step towards protecting the
environment at the international level. The conference boosted the concept of sustainable
development that emerged in the Cocayoc Declaration on Environment and Development
in 1970.
The United Nations Conference on Human Environment, popularly known as the
āStockholm Conferenceā, was held in Stockholm, Sweden, in 1972. The conference
underlined the need for all countries to work together to preserve, protect, and enhance the
human environment worldwide.
I) Stockholm Conference Declaration:-
The Stockholm Conference held from 5th to 16th June 1972 in Stockholm laid down
26 principles to be followed by the States for the preservation and improvement of the
human environment. These principles are called the Stockholm Declaration. These
principles are as follows-
1)
Right of Quality Environment and Responsibility to Protect It:-
Man has the fundamental right to freedom, equality and adequate conditions of life
in an environment of a quality that permits a life of dignity and well-being. Therefore, man
is solemnly responsible for protecting and improving the environment for present and
future generations.
2)
Natural Resources of the earth must be Safeguarded:-
Natural resources of the earth, including the air, water, land, flora and fauna, must
be safeguarded for the benefit of present and future generations through careful planning
and management.
3) The capacity of the Earth to Produce must be Maintained:-
The earth's capacity to produce vital renewable resources must be maintained and,
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wherever practicable, restored.
4)
Heritage of Wild Life and its Habitat must be Safeguarded:-
Man has a special responsibility to safeguard and wisely manage the heritage of
wildlife and its habitat.
5) Proper use of Non-Renewable Resources:-
The earth's non-renewable resources must be employed in a way that guards against
the danger of their future exhaustion. and to ensure that all mankind shares benefits from
such employment.
6)
Discharge of Toxic Substances must be Stopped:-
The discharge of toxic substances or other substances and the release of heat in such
quantity or concentration as to exceed the environment's capacity must be stopped.
7)
Preventive Measures by the State:-
The State shall take all possible steps to prevent sea pollution.
Ensure Economic and Social Development:-
8)
Economic and social development is essential for ensuring a favourable living and
working environment for man.
9)
Environmental Deficiencies must be Remedied:-
Environmental deficiencies generated by the conditions of underdevelopment and
natural disasters must be remedied by accelerated development through the transfer of
substantial financial and technological assistance qualities.
10)
Stability of Prices and Adequate Earning must be Ensured:-
For developing countries, stability of prices and adequate earnings for primary
commodities and raw materials are essential for environmental management.
11) The Developing Potential of Developing Countries must be Insured:-
All state environmental policies should enhance and not adversely affect the present
or future development potential of developing countries.
12)
Availability of Resources is to be Insured:-
Resources should be made available to preserve and improve the environment,
considering developing countries' circumstances and particular requirements.
13) The state must adopt an Integrated Approach:-
The State should adopt an integrated and coordinated approach to development
planning to ensure that development is compatible with the need to protect and improve
the human environment.
14)
Rational Planning:-
Rational planning is essential for balancing development needs with the need to
protect and improve the environment.
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14) Planning to Avoid Adverse Effects:-
Planning must be applied to human settlement and urbanisation to avoid adverse
environmental effects.
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16)
Application of Demographic Policies:-
Demographic policies should be applied where the population growth rate is likely
to have an adverse effect on the environment or development.
17)
National Institution for Planning etc.:-
Appropriate national institutions must be entrusted with the task of planning,
managing, or controlling environmental resources with a view to enhancing environmental
quality.
18)
Application of Science and Technology to Reduce Environmental Risks:-
Science and technology must be applied to the identification and avoidance. and
control of environmental risks and the solution of environmental problems.
19)
Education on Environment:-
Education in environmental matters is essential to broaden the basis for an
enlightened opinion and responsible conduct by individuals, enterprises and communities
in protecting and improving the environmental
20)
Promotion of Scientific Research:-
Scientific research and development related to environmental problems must be
promoted in all countries, and environmental technologies should be made available to
developing countries.
21)
States Not to Cause Environmental Damage to other States:-
States have the sovereign right to exploit their resources pursuant to their
environmental policies and the responsibility to ensure that the activities within their
jurisdiction do not cause damage to the environment of other states.
22) Cooperation among States:-
States shall cooperate in developing international law relating to liability and
compensation for pollution and other environmental damage victims.
23)
Consideration of Systems of Values Prevailing in Each Country:-
It is essential to consider the systems of values prevailing in each country and the
extent of 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.
24)
Handling of International Matters Concerning Environment:-
International matters concerning the protection and the improvement of the
environment should be handled in a cooperative spirit by all countries on an equal footing.
Cooperation through multilateral or bilateral arrangements or other appropriate means
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are essential to control, prevent, reduce and eliminate effectively adverse environmental
effects.
25)
Recognition of the Role of International Organizations:-
States shall ensure that international organisations play a coordinated, efficient and
dynamic role in protecting and improving the environment.
26)
Destruction of Nuclear Weapons and Means of Mass Destruction:-
Man and his environment must be spared from the effects of nuclear weapons and
all other means of mass destruction.
II] RIO CONFERENCE
A)
The Object
B) Rio Declaration
1) Human being; Centre of sustainable development
2) States not to cause environmental damage to other states
3) Right to development
4) Environment is an integral part of the development process
5) Eradication of poverty
6) Special priority to least developed countries
7) Cooperation in protection of earthās eco-system
8) Promotion of appropriate demographic policies
9) Improve scientific understanding
10) Public participation
11) Enactment of effective legislation
12) International consensus in global problems
13) Law regarding liability and compensation to victims
14) Discourage transfer of substances causing severe environmental degradation
15) Application of precautionary approach
16) āPolluter payā, principle
17) Undertaking environmental impact assessment
AGENDA 21
Representatives of over 150 countries assembled in Rio de Janeiro, Brazil, on June
3rd and 4th, 1992, for the United Nations Conference on Environment and Development
summit, also known as the āEarth Summit.ā The Earth Summit is an important milestone
in achieving the concept of sustainable development worldwide.
A)
The Object:-
The objectives of the conference were as follows-
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1)
2)
Re-affirming the declaration of the United Nations Conference at Stockholm.
To establish a new and equitable global partnership through the exaction of
new levels of cooperation among key sectors of societies and people.
To work towards international agreements to respect the interest of all and to
protect the integrity of the global environment and developmental system;
To recognise the integral and independent nature of the earth.
Rio Declaration:-
3)
4)
B)
1)
Human Being; Centre of Sustainable Development:-
Human beings are at the centre of concerns for sustainable development. They are
entitled to a healthy and productive life in harmony with nature.
2)
States Not to Cause Environmental Damage to the Other States:-
States have the sovereign right to exploit their resources and the responsibility to
ensure that activities within their jurisdiction do not cause damage to the environment of
other states.
3)
Right to Development:-
The right to development must be so fulfilled that to equitably meet the
developmental and environmental needs of present and future generations.
4)
Environment is an Integral Part of the Development Process:-
To achieve sustainable development, environmental protection shall constitute an
integral part of the development process and cannot be considered in isolation from it.
5)
Eradication of Poverty:-
All states and all people shall cooperate in the essential task of eradicating poverty.
Special Priority to Least Developed Countries:-
6)
The special situation and needs of developing countries, particularly the least
developed and those most environmentally vulnerable, shall be given special priority.
7)
Cooperation in the Protection of Earthās Eco-System:-
States shall cooperate in a spirit of global partnership to conserve, protect and
restore the health and integrity of the earthās eco-system.
8)
Promotion of Appropriate Demographic Policies-
States should reduce and eliminate unsustainable production and consumption
patterns and promote appropriate demographic policies.
9)
Improve Scientific Understanding:-
States should cooperate to strengthen endogenous capacity building for sustainable
development by improving scientific understanding through exchanging scientific-
technological knowledge and by enhancing the development, adaptation, diffusion and
transfer of technologies, including new and innovative technologies.
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10) Public Participation:-
Environmental issues are best handled with the participation of all concerned
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citizens at the relevant level. 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.
11)
Enactment of Effective Legislation:-
States shall enact effective environmental protection legislation.
International Consensus on Global Problems:-
12)
Environmental measures addressing transboundary or global environmental
problems should, as far as possible, be based on international consensus.
13)
Law Regarding Liability and Compensation to Victims:-
States shall develop national laws regarding liability and compensation for pollution
and other environmental damage victims.
14) Discourage Transfer of Substances Causing Severe Environmental
Degradation:-
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.
15)
Application of Precautionary Approach:-
To protect the environment, the precautionary approach shall be widely applied by
the states.
16)
āPolluter Payā, Principle:-
National authorities should endeavour to promote the principle that the polluter
should bear the cost of pollution.
17)
Undertaking Environmental Impact Assessment:-
The environmental impact assessment shall be undertaken for proposed activities
that are likely to significantly impact the environment.
AGENDA 21:-
Agenda 21 was one of the instruments adopted at the Rio conference. Agenda 21 is
a non-binding instrument that presents a set of strategies and a detailed programme to halt
and reverse the effects of environmental degradation and promote environmentally sound
and sustainable development in all countries. The agenda has four parts.
III]
BIO-DIVERSITY
A) Bio-Diversity; Meaning
B) International Regime on the Protection of Bio-Diversity
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C) Indian Efforts to Protect Bio-Diversity/ Bio-Diversity Act. 2002
1) Object of the Act
2) Regulation on access to Bio-logical Diversity
a) Certain persons not to undertake access to biological diversity (S.3)
b) Results of research not to be transferred to certain persons (S. 4)
c) Exceptions to the above two regulations (S. 5)
d) Approval of National Biodiversity Authority for application
for Intellectual Property Right (S. 6)
e)
Prior information to the State Bio-diversity Board (S. 7)
3) Establishment of different authorities
A)
Bio-Diversity; Meaning:-
The term Bio-Diversity and biological diversity are the same. S.2 (b) of the
Biological Diversity Act 2002 defines āBio-Diversityā as āthe variability among living
organisms from all sources and ecological complexes of which they are part and includes
diversity within species or between species and of Eco-Systemsā.
In short, biological diversity includes diversity within species and also between
species and ecosystems.
To protract biodiversity, States are making efforts to protect vanishing species of
animals like big cats, large mammals, micro-organisms etc. Moreover, it tries to protect
and conserve some species of plants, forest trees, mangroves etc. Thus, all types of
biological wealth need to be protected.
B)
International Regime on Protection of Bio-Diversity:-
The Convention on Biodiversity, known as the āUnited Nations Convention on
Biological Diversity,ā was signed at the Rio Conference in 1992.
The Convention on Biological Diversity, shortly known as āCBDā, lays down three
objectives, viz. -
(i)
(ii)
(iii)
the Conservation of biological diversity;
the suitable use of its components; and
the fair and equitable sharing of benefits arising out of the utilisation of
genetic resources.
The convention further stressed that all states have the sovereign right to exploit
their own resources. It further lays down that all contracting parties should cooperate for
the conservation and sustainable use of biodiversity, develop natural strategies, plans, and
programmes, identify and monitor components of biological diversity, and endeavour to
conserve them.
āSustainable use of bio-diversityā means the use of components of biological
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diversity in a way and at a rate that does not lead to the long-term decline of biological
diversity, thereby maintaining its potential to meet the needs and aspirations of present and
future generations.
C)
Indian Efforts to Protect Bio-Diversity/ Bio-Diversity Act 2002:-
Being one of the signatories to the Convention on Bio-Diversity at Rio in 1992,
India has made serious efforts to protect bio-diversity by passing the Bio-Diversity Act. in
2002.
We will discuss some of the provisions of the Bio-Diversity Act. 2002.
1)
Object of the Act:-
As discussed above, the Act's object is to give effect to the Convention on
Biodiversity passed in Rio in 1992, thereby providing for the conservation of biological
diversity, sustainable use of its components, and a fair and equitable share of the benefits
arising out of the use of biological resources and knowledge and for matters connected
with and incidental therewith.
2)
a)
Regulation on Access to Bio-Logical Diversity:-
Certain Persons Not to Undertake Access to Biological Diversity (S. 3):-
Without the approval of the National Bio-logical Authority, none of the following
persons obtain any biological resource occurring in India or knowledge associated thereto
for research or commercial utilisation or bio-survey and bio-utilization. Such persons are-
(i) a person who is not a citizen of India;
(ii) a citizen of India but who is a non-resident of India;
(iii) a body corporate, association or organisation
(a) which is not incorporated or registered in India or
(b) even though incorporated or registered in India, has any
non-Indian participation in its share capital or management.
b)
Results of Research not to be Transferred to Certain Persons (S. 4):-
Without the previous approval of the National Biodiversity Authority, no person
shall transfer the results of any research relating to any biological resources occurring in or
obtained from India for monetary consideration or otherwise to any person mentioned
above.
c)
Exceptions to the above Two Regulations (S. 5):-
The above regulations shall not apply to collaborative research projects involving
the transfer or exchange of biological resources or information relating thereto between
institutions in other countries if such collaborative research projects conform to the policy
guidelines issued by the Central Government.
d)
Approval of National Biodiversity Authority for Application of Intellectual
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Property Right (S. 6):-
No person shall apply for any intellectual property right by whatever name called in
or outside India for any invention based on any research or information on a biological
resource obtained from India without obtaining the previous approval of the National
Biodiversity Authority. However, such approval may be obtained after getting a patent and
before starting the actual sale.
e) Prior Information to the State Bio-diversity Board (S. 7):-
The persons prohibited in S.3 cannot obtain any biological resource for commercial
utilisation or bio-survey for commercial utilization except after giving prior intimation to
the State Biodiversity Board.
3)
Establishment of Different Authorities:-
To effectively implement the scheme of the Act, the Act establishes different
authorities at different levels, such as
a)
b)
c)
National Bio-Diversity Authority to be established by the Central Government,
to grant necessary approvals.
State Bio-Diversity Board to be established by the State Governments to aid and
advise the State Government to implement the Act's objectives.
Bio-Diversity Management Committee, to be established by the local bodies
within its area for the purpose of promoting conservation, sustainable use, and
documentation of biological diversity.
IV]
OZONE DEPLETION.
1) Ozone Layer
2) Ozone Depletion-
3) International Efforts to Protect Ozone Layer
4)
Indian efforts to protect the Ozone Layer
1)
Ozone Layer:-
Ozone is a kind of gas. There is an ozone layer situated in the āstratosphereā.
According to Chamberās Dictionary, āOzone Layerā means, āa layer of the upper
atmosphere, between 15 and 30 km above the Earthās surface where ozone is formed which
filters harmful ultra-violate radiation from the sun and prevent it from reaching the
earthā.
The ozone layer is very important not only for human health but also for all creatures
and ecosystems. As seen in the definition, it filters harmful ultraviolet radiation from the
sun and prevents it from reaching the earth. Thus, the layer protects the earth and acts as
an earthās shield.
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2) Ozone Depletion:-
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Due to pollution, the ozone layer is breaking down. The layer is getting holes,
whereby the sun's ultraviolet rays directly reach the earth; it is called ozone depletion.
Ozone depletion causes major adverse effects on the global environment. It causes
serious problems to human health. It causes skin cancer, premature blindness, and damage
to plank-tonic animals and marine life, i.e. to the whole ecosystem. Ozone depletion stunts
plant growth adversely affects the process of photosynthesis , and reduces disease
resistance.
3)
International Efforts to Protect Ozone Layer:-
The Vienna Convention for the Protection of the ozone layer, held in 1985, is the
first and foremost important step toward protecting the ozone layer. 103 States were parties
to the Vienna Convention. The convention was ratified by the United States in 1986, and
it came into force on 22nd Sept 1988.
The Convention, however, did not contain any substantive provision to protect the
ozone layer but resolved to create a framework and workshops for its protection.
The second very important and substantive step towards the protection of the ozone
layer was the signing of the Montreal Protocol on substances that deplete the ozone layer
on 16th September 1987. The protocol was ratified by the countries whose combined
consumption of ozone-depleting substances represented two-thirds of the estimated world
total. The convention is based on discussions and a framework prepared by the Vienna
Convention. The Montreal Protocol came into force on 1st January 1989.
The Protocol imposes an obligation on signatory states to reduce the production and
consumption of ozone-depleting substances, increase cooperation in developing alternative
substances, and prohibit or restrict trade in these substances.
4)
Indian Efforts to Protect Ozone Layer:-
India signed the Montreal Protocol on 17 September 1992. However, even before
signing the protocol, India was very aware of reducing ozone-depleting substances. Due to
this awareness, the level of production of such substances is very low.
In India, we have constituted a Task Force that has drafted a National Strategy for
phasing out Ozone-Depleting Substances. Numerous sector-wise workshops are
conducted. There is a country programme to protect the ozone layer.
V]
GREEN HOUSE GASES AND GLOBAL WARMING
1)
2)
3)
Green House Gases; meaning
Global Warming
Reasons for the increase in greenhouse gases
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4) International efforts to prevent global worming
Green House Gases; Meaning:-
āGreenhouse gasā has nothing to do with greenhouse. It merely signifies that the
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1]
same effect is caused on the earth as that is caused by the greenhouse net or glass on the
warming atmosphere inside the greenhouse. The greenhouse net or glass causes heat inside
the greenhouse. It traps the heat waves from going outside. A similar effect occurs in the
atmosphere inside the car when its windows are closed in sunlight.
The same effect is caused on the earth by gases like carbon dioxide and water
evaporation. They are called āgreenhouse gasesā; they act as greenhouse nets or glass,
which means these gases allow visible light of the sun to reach the surface of the earth but
obstruct or blanket or cover reflected rays from the earth from going outside.
In short, greenhouse gases allow the short waves of incoming solar radiation to
come in but do not allow the long waves of outgoing terrestrial radiation to escape. Thus,
global warming is an effect of greenhouse gases.
2]
Global Warming:-
Global warming means the earth's warming due to rapid build-up in the atmosphere
of carbon dioxide and other greenhouse gases that trap the earthās heat. It also leads to
climate change.
3]
Reasons for Increase in Green House Gases:-
Greenhouse gases are increasing due to emissions from a large number of industries,
vehicles, waste dumps, and other sources. Carbon dioxide emissions from these sources
are the root cause of global warming.
An increase in greenhouse gases results in global warming, which may destroy the
earth's life in a short period. Global warming will result in hotter summers and colder
winters, rising sea levels, changes in monsoon patterns, droughts, floods, and melting
icebergs.
4]
International Efforts to Prevent Global Warming:-
The world has become serious about the increasing threat of global warming.
However, developed countries that emit carbon dioxide have made fewer efforts to reduce
their emissions.
Developed countries such as the U.S.A, European Union, China, Japan, etc., have
made some efforts to reduce greenhouse gases. In November 2014, the U.S.A. and China
recently agreed at the G-20 summit to reduce their greenhouse gas emissions in a time-
bound manner.
However, the Rio Conference and the Kyoto Conference in 1997 have contributed
to some extent to taking steps to reduce global warming.
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India has always tried to raise global warming issues at the international level and
has participated actively in all international conventions on reducing global warming.
VI]
WETLAND
1)
2)
3)
Definition and Meaning
International Efforts to Protect Wetlands
Indian Efforts to Protect Wetlands
1)
Definition and Meaning:-
The Ramsar Convention defines āwetlandā as -
ā(a) areas of marsh, fen, peat land, or water
(i) whether natural or artificial,
(ii) permanent or temporary,
(iii) with water that is static or flowing, fresh or brackish or salt,
(b) including areas of marine water, the depth of which, at low tide
does not exceed six metersā.
Six per cent of the surface of the earth is occupied by wetlands. Wetlands are
important for the protection of floods, food production, water supply and water purification
and as a wildlife habitat.
2)
International Efforts to Protect Wetlands:-
The Ramsar Convention, at the International level, is a very important step toward
conserving and protecting wetlands. India acceded to the Convention in 1981. Th
ough the convention, contracting parties agreed to promote the conservation of wetlands,
which are declared of āinternational importance. State Parties to the convention further
agreed to use wetlands in their territory wisely.
3)
Indian Efforts to Protect Wetlands:-
There is no special legislation to protect wetlands in India. However, all legislation
for the protection of the environment applies to the protection of wetlands as well.
Moreover, since India has acceded to the Ramsar Convention, it has become its duty to
respect the convention and to protect and preserve wetlands of international importance.
Moreover, India is duty-bound to make wise use of its other wetlands (not declared of
International importance) as agreed in the convention.
Indian courts have also played an important role in protecting the environment,
including wetlands.
A very important judgment in the field of protection of wetlands is passed by Justice
Umesh Chandra Banerjee of the Calcutta High Court in P.I.L, namely,
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citizenās groups interested in protecting wetlands.
Facts:- In this case, wetlands were reclaimed by the State for providing living sites
and for the construction of the world trade centre.
The court rejected the reclamation of wetlands by the State and observed
that the protection of wetlands is a social necessity, not the construction of townships.
Thus, the judgment shows that the wetlands being a bounty of nature has a
significant role in the proper development of society.
*****
1 AIR 1993 Cal. 215.