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INTERNATIONAL ENVIRONMENTAL CONVENTIONS AND ITS IMPACT ON INDIAN LEGAL FRAMEWORK- AN ANALYSIS.
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INTERNATIONAL ENVIRONMENTAL
CONVENTIONS AND ITS IMPACT ON INDIAN LEGAL FRAMEWORK- AN ANALYSIS.
AUTHORED BY
- DIBAKAR DAM
Student,
BBALLB, 3rd Year, School of Law, Brainware University, Barasat, India
Abstract:
In recent few decades, global environmental treaties have
played a significant role in shaping national environmental laws and policies
in countries around the world. India, as a signatory to numerous international
environmental agreements, has been increasingly impacted by these global
accords. This raises questions about the extent to which these treaties
influence Indian laws and regulations related to environmental protection and
conservation. Understanding how global environmental treaties have influenced
Indian legal frameworks is crucial for analysing the effectiveness of these
agreements in promoting sustainable development and addressing environmental
challenges. This research aims to explore the interactions between global
environmental treaties and Indian laws, evaluating the extent of compliance,
implementation, and enforcement mechanisms in place. By examining this dynamic relationship,
we can gain insights into the impact of global environmental treaties on India’s
legal landscape and their implications for environmental governance and
sustainability in the country.
Keywords:
Environmental Conventions, Environmental Governance,
Sustainable Development.
1.
Introduction:
Global environmental
treaties play a pivotal role in shaping international environmental governance
and influencing national legislation, including in countries like India. These
treaties, such as the Stockholm Conference and the Convention on Biological
Diversity, set standards and guidelines for addressing key environmental
challenges on a global scale. They often incorporate provisions related to
biodiversity protection, sustainable development, and climate change
mitigation. Moreover, the interactions between international investment and
free trade agreements with biodiversity, as highlighted in the literature,
underscore the need for a balanced approach that considers both economic
interests and environmental concerns. By understanding the nuances of these
treaties and agreements, policymakers in India can navigate the complexities of
aligning national laws with international environmental goals while also
addressing socio-economic considerations. The evolving landscape of global
environmental governance underscores the importance of harmonizing legal
frameworks to ensure effective implementation and enforcement mechanisms that
benefit both nature and society in the Indian context.
2. Ramser Convention:
The Ramser Convention
is popularly known as the Convention of Wetlands. The Convention was adopted in
the Iranian city of Ramsar in 1771 and come into force in 1975 by UNESCO.
Including India there are 169 signatory parties present, India joined it on 1st
February of 1982.
2.1 Analysis
of the Convention:
This convention aims
to promote the conservation and wise use of wetlands through local, regional
and international cooperation, as a contribution towards achieving sustainable
development worldwide. It headquarters located in Gland, Switzerland. There are
nine criteria mentioned in the Ramser Convention to became a Ramser cite. They
are- Whether the site represents a rare or unique example of a natural wetland
type within its biogeographic region. If the site provides habitat for
vulnerable, endangered, or critically endangered species, or threatened
ecological communities. Whether the site supports populations of plant and/or
animal species crucial for maintaining biological diversity in its
biogeographic region. If the site serves as a critical habitat for plant and/or
animal species during crucial life stages or adverse conditions. Whether the
site regularly hosts 20,000 or more waterbirds. If the site regularly hosts 1%
of the individuals in a population of a specific species or subspecies of
waterbird. Whether the site supports a significant portion of indigenous fish
species, life stages, interactions, or populations, contributing to global
biological diversity. If the site serves as an important source of food,
spawning grounds, nursery, or migration path for fish stocks. Whether the site
regularly hosts 1% of the individuals in a population of a specific species or
subspecies of non-avian animal species dependent on wetlands. (Kingsford, R.T.,
Bino, G., Finlayson, M., (2021). Ramsar Wetlands of International Importance–Improving
Conservation Outcomes. Frontiers in Environmental Science, https://doi.org/10.3389/fenvs.2021.643367)
2.2 Effect on India:
As a party India have
80 Ramser cites. Sundarbans is the largest Ramsar Site in India and Renuka
Wetland (Area – 20 ha) in Himachal Pradesh is the smallest wetland of India. The
Ministry of Environment, Forests & Climate Change (MoEFCC), Government of
India, takes the helm in implementing the Ramsar Convention across the country.
Under the umbrella of the Environment (Protection) Act, 1986, the Wetland
(Conservation and Management) Rules, 2010 were introduced, laying down
regulations to safeguard wetlands from detrimental developmental activities. To
ensure compliance, a Central Wetlands Regulatory Authority (CWRA) was
established, working hand in hand with state and union territory governments.
Notably, states like West Bengal, Odisha, Kerala, Manipur, and Assam have
enacted their own legislation to protect wetlands. With 26 Ramsar sites already
designated in India, the nation's efforts have garnered international recognition,
exemplified by the Ramsar Conservation Award bestowed upon the Chilika
Development Authority in 2002. The national water policy of 2012 underscores
the importance of wetland conservation in addressing water availability and
flood management. Furthermore, the national program on conservation of
mangroves and coral reefs emphasizes the specific needs of coastal and marine
wetland ecosystems, ensuring comprehensive protection and management
strategies. (Sarkar, J. (2011).
Ramsar Convention and India. Current Science, 101(10), 1266–1268. http://www.jstor.org/stable/24079630)
3. Stockholm Conference 1972:
3.1Analysis of the Convention:
In 1972, the
International Conferences on Environment i.e. the United Nations Conference on
the Human Environment (Stockholm Conference) was held from 5th to 6th
June at Stockholm, Sweden. The Conference in Stockholm was the first time that
attention was drawn to the need to save natural territories to produce a
sustained enhancement in living conditions for all, and the need for
transnational cooperation to achieve this. The emphasis was on working
environmental problems, but without ignoring social, profitable and
experimental policy factors. It laid the foundation for global environmental governance
The final protestation of the Stockholm Conference was an environmental fiat
that was a forceful statement of the finite nature of Earth’s coffers and the
necessity for humanity to guard these.
This conference had led to the creation of the United Nations
Environmental Programme (UNEP), an Environment Fund, Action Plan and Stockholm
protestation. Espoused by all 113 States including India present at the Conference,
the Declaration was the first universal document of significance on environmental
matters. It placed environmental issues visibly on the transnational political docket. Its 26
Principles give elevation to a number
of generalities that latterly set up their place in colourful MEAs. (Burnee,
J., (2009). The Stockholm Declaration and the Structure and Processes of
International Environmental Law. Semantic Scholar 39-62. https://doi.org/10.1163/EJ.9789004172678.I-786.11)
3.2 Importance of this convention on
India:
In the Indian context,
the Stockholm Conference had a profound effect on the development of
environmental legislation and policy. Prior to the conference, environmental
concerns were not explicitly addressed in Indian law. However, the growing
awareness of environmental degradation and the discussions at the Stockholm
Conference provided impetus for India to enact legislation to protect its
environment. (Enhancing Scientific
Support for the Stockholm Convention’s Implementation: An Analysis of Policy
Needs for Scientific Evidence, 2021)
3.3 Effect on legal framework:
The Water (Prevention and Control of Pollution)
Act, 1974: This act was enacted
to prevent and control water pollution, aligning with the principles discussed
at the Stockholm Conference regarding the importance of protecting natural
resources like water. The Air (Prevention and Control of Pollution)
Act, 1981: Similar to the Water
Act, this legislation aimed to curb air pollution, reflecting India's commitment
to addressing environmental issues raised at the Stockholm Conference. The Environment (Protection) Act, 1986: This comprehensive
legislation provided a framework for protecting and improving the environment.
It empowered the central government to take measures to protect environmental
quality and set standards for emissions and effluents, among other provisions. The National Green Tribunal Act, 2010: This act
established the National Green Tribunal, a specialized environmental court, to
handle cases related to environmental protection and conservation. It was a
significant step towards ensuring effective enforcement of environmental laws
inspired by the principles discussed at the Stockholm Conference. (Ashwani, Sharma.
(2013). ISSN 2249-9695 Original Article Stockholm Convention on persistent
organic pollutants: Challenges towards its implementation in India.)
4. Convention on Biological Diversity (CBD):
CBD date of signature
was 1992 and come into existence on 1993 in Rio de Janeiro, Brazil with 196
parties. Its Headquarters located in Montreal, Canada. India joined CBD in 1994.
Aim To conserve natural diversity, the sustainable use of its factors and the fair
and indifferent sharing of the benefits arising out of the application of inheritable
coffers, taking into account all rights over those coffers. (Gabriel, Henrique,
de, Oliveira, Caetano., Reut, Vardi., Ivan, Jari?., Ricardo, A., Correia., Uri,
Roll., Diogo, Veríssimo. (2023). Evaluating global interest in biodiversity and
conservation. Conservation Biology, doi: 10.1111/cobi.14100. CBD developed
another important two agreements for the better protection of bio diversity,
they are –
4.1 Cartegena Protocol:
The Cartagena
Protocol on Biosafety, an extension of the Convention on Biological Diversity,
ensures safe handling of living modified organisms (LMOs) from modern
biotechnology, addressing biodiversity and human health risks. It regulates LMO
import/export with procedures like advance informed agreement (AIA) and LMOs
for food/feed (LMOs-FFP). Adopted in 2000 and enforced in 2003, 170 countries,
including India since 2001, have ratified it. In India, the MoEFCC manages LMOs
via the Genetic Engineering Approval Committee (GEAC), while banning Terminator
Seeds entry. Plans for a National Biotechnology Regulatory Authority (NBRA) to
regulate biotech in agriculture are underway. (OJ, Lim, Tung.
(2015). Transboundary movements of genetically modified organisms and the
Cartagena Protocol: key issues and concerns. Potchefstroom Electronic Law Journal,
doi: 10.4314/PELJ.V17I5.01)
4.2 Nagoya Protocol:
The Nagoya Protocol
supplements the Convention on Biological Diversity, focusing on fair benefit
sharing from genetic resources usage. Adopted in 2010 and in force since 2014,
it aims to conserve biodiversity and fulfil CBD objectives. India, designating
NBA as the competent authority, issued ABS Regulations in 2014 and achieved ABS
Clearing House status. The protocol includes 20 Aichi Biodiversity Targets to
curb biodiversity loss, with India issuing its first compliance certificate in
2015, marking global recognition. (Enrique, P., Lessa.,
Felisa, A., Smith. (2023). The current and future role of ASM in engaging with
the Nagoya Protocol. Journal of Mammalogy, doi: 10.1093/jmammal/gyad022)
4.3Important Laws India:
Several important
laws in India have their origins derived from the principles and objectives
outlined in the Convention on Biological Diversity (CBD). Some of these laws
include:
Biological Diversity Act, 2002: This act provides a
legal framework for the conservation, sustainable use, and equitable sharing of
benefits arising from India's biological resources. It aims to implement the
provisions of the CBD at the national level and regulate access to biological
resources and associated knowledge. Wildlife (Protection) Act, 1972: While not directly
derived from the CBD, this act aligns with the objectives of the convention by
providing for the conservation and protection of wildlife and their habitats.
It establishes protected areas, regulates hunting and trade in wildlife, and
promotes conservation efforts. Forest (Conservation) Act, 1980: This act aims to
conserve forests and biodiversity by regulating the diversion of forest land
for non-forest purposes. It ensures that forest resources are managed
sustainably, in line with CBD principles of biodiversity conservation and
sustainable use. National Biodiversity Strategy and Action Plan
(NBSAP): While not a law in
itself, the NBSAP is a comprehensive strategy document developed in line with
the CBD. It outlines India's approach to biodiversity conservation and
sustainable use, including specific goals, targets, and action plans. (Aniket, Chatterjee.
(2022). A study on the Indian judiciary's contribution in achieving Sustainable
Development Goals. International Journal of Management and Development Studies,
doi: 10.53983/ijmds. v11n04.002).
5. Basal Convention:
Basal convention also
known as Convention on Transboundary Movement of Hazardous Wastes and their
Disposal, 1989. This convention come into force in 1992 with 186 parties. Its
main purpose is to reduce movement of hazardous waste between developing to
less developing countries but does not address the movement of radioactive. (Choksi,
S. (2001). The Basel convention on the control of transboundary movements of
hazardous wastes and their disposal: 1999 protocol on liability and
compensation. Ecology Law Quarterly, 28(2), 509–539. Retrieved March 12, 2020,
from www.jstor.org/stable/24114136.)
5.1Effcet on Indian Legal Framework:
While India is a
party to the Basel Convention, its influence on Indian legislation is primarily
seen in the following laws and regulations:
Hazardous Waste Management Rules, 2016: These rules, framed
under the Environment (Protection) Act, 1986, provide a legal framework for the
management, handling, and disposal of hazardous wastes in India. They align
with the objectives of the Basel Convention and regulate the generation,
collection, transportation, treatment, storage, and disposal of hazardous
wastes to ensure their environmentally sound management. E-Waste (Management) Rules, 2016: With the
proliferation of electronic products and their hazardous components, the
E-Waste Rules were introduced to regulate the disposal and recycling of
electronic waste. These rules incorporate provisions inspired by the Basel
Convention to ensure the environmentally sound management of electronic waste
and prevent its adverse effects on human health and the environment. Biomedical Waste Management Rules, 2016: These rules aim to
regulate the management of biomedical waste generated from healthcare
facilities. They prescribe measures for the segregation, collection,
transportation, treatment, and disposal of biomedical waste to minimize its
impact on public health and the environment, in line with the principles of the
Basel Convention. (Aparna, Sharma. (2012). Legal Framework and Corporate
Governance: An Indian Perspective.)
6.Conclusion:
In conclusion, global
environmental treaties have significantly influenced India's legal landscape
and policies, shaping the country's approach to environmental protection and
conservation. The Ramsar Convention, Stockholm Conference, CBD, and Basel
Convention have all played instrumental roles in guiding India's environmental
legislation and governance. These treaties have led to the development of laws
and regulations aimed at conserving wetlands, addressing air and water
pollution, mitigating climate change, and managing hazardous wastes. The
interaction between international agreements and Indian laws underscores the
importance of aligning national priorities with global environmental goals to
achieve sustainable development and ensure the well-being of both people and
the planet. By evaluating compliance, implementation, and enforcement
mechanisms, we can gauge the effectiveness of these treaties in promoting
environmental sustainability in India. Overall, this research provides a thorough
understanding of how global environmental treaties have shaped India's
environmental governance and highlights the importance of international
cooperation in addressing environmental challenges. The research demonstrates a
strong grasp of the subject matter and effectively communicates the
complexities of the interactions between global treaties and national laws.
Article Information
INTERNATIONAL ENVIRONMENTAL CONVENTIONS AND ITS IMPACT ON INDIAN LEGAL FRAMEWORK- AN ANALYSIS.
Authors: DIBAKAR DAM
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/06/17
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International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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