INTERNATIONAL ENVIRONMENT LAW Tanya Goyal International Law Sun, Jul 30, 2023, at ,10:30 PM INTRODUCTION- as the world becomes increasingly interconnected, the need for a unified legal framework to govern environmental concerns becomes more evident. This article provides an overview of international environmental law, its principles, key treaties, sources, role of Indian Judiciary, reasons for environmental crisis and challenges faced in implementation of international environmental law. INTERNATIONAL ENVIRONMENTAL LAW International Environmental Law is a branch of international law that deals with environmental protection, primarily through bilateral and multilateral international accords. In mid-twentieth century, international environmental law emerged as a branch of international law. Environmental regulations, rules controlling the management of the natural resources such as forests, fisheries, minerals and related topics like environment impact assessment are examples of this. The opinions of international courts and tribunals are also included in international environmental law. Despite the fact that they are few in number and have limited jurisdiction, the rulings are highly regarded by legal analysts and have a significant impact on the evolution of international environmental law. One of the most difficult difficulties in international decisions is determining appropriate compensation for environmental damages. The International Court of Justice(ICJ), International Tribunal for the Law Of Sea(ITLOS), European Court of Justice, European Court of Human Rights, and other regional treaty tribunals are among the courts. PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW SUSTAINABLE DEVELOPMENT- sustainable development is the development that meets the need of present without jeopardizing future generations’ ability to meet their own needs,” sustainable development can be thought of in conjunction with the concepts of “integration” and “interdependence”. This principle may be used to laws requiring environmental impact assessments and requiring or promoting development to minimize environmental consequences. EQUITY- according to UNEP, environmental equity involves intergenerational equity- “the right of future generations to enjoy a fair level of the common patrimony”- and intragenerational equity- “the right of all people within the current generation’s entitlement to the earth’s natural resources.” Environmental equity holds the present generation accountable for long-term impacts of the activities and acts to sustain the global environment. This principle can be used to evaluate pollution control and resource management legislation. TRANSBOUNDARY RESPONSIBILTY-UNEP views transboundary responsibility as an international level as a potential restraint of the sovereign state, defined in international law as a commitment to protect one’s own environment and to avoid damages to neighbouring habitats. This principle maybe used to laws that restrict externalities imposed on human health and environment. PRECAUTIONERY PRINCIPLE- the precautionary principle, one of the most widely encountered and contentious principles of environmental law, was formulated in Rio Declaration as follows: In order to protect the environment, states must use the precautionary approach to the best of their abilities. When there is a risk of catastrophic or irreparable damage, a lack of complete scientific assurance should not be utilized to delay cost-effective efforts to avert environmental degradation. The principle may be relevant in any discussion of the need of environmental legislation. PREVENTION- the concept of prevention may be better viewed as an overarching goal that gives rise to a plethora of legal mechanisms. Emission restrictions and other product or process standards, adoption of best available procedures, and comparable strategies are all examples of preventive applications. POLLUTER PAYS PRINCIPLE- this principle holds that “the environmental costs of economic activities, including the cost of avoiding potential harm, should be internalized rather than imposed on society as a whole.” This idea applies to all concerns concerning the expense of environmental rehabilitation and compliance with pollution control rules. COMMON BUT DIFFERENTIATED RESPONSIBILTIES(CBDR)- recognizing that developed and developing countries have varied historical obligations and capacities for dealing with environmental concerns, the CBDR concept emphasizes states’ shared but differentiated duties in environmental protection and sustainable development. SOURCES OF INTERNATIONAL ENVIRONMENTAL LAWS International Environmental Law is primarily derived from three sources: Customary International Law International Treaties Judicial Decisions of International Courts DECLARATION AND TREATIES The United Nations Conference on Human Environment Declaration was the first major attempt to evaluate the global human impact on environment, as well as international effort to solve environmental conservation and improvement concerns. The Rio Declaration on environment and development, often known as the Rio Earth Summit, was a brief declaration issued by United Nations Conference on Environment and Development (UNCED) in 1992. It is made up of 27 concepts that are meant to guide future global sustainable development. The international community has signed treaties in response to the need to regulate activities that damage the environment. Many bilateral and multinational environmental treaties provide state rights and responsibilities. Environment customary laws and broad concepts like precautionary principles and sustainable development are evolving. Because of rapid rise of global environmental consciousness on the international political agenda, customary law has tended to fall behind treaty law in the evolution of legal standards. REASONS FOR ENVIRONMENTAL CRISIS POPULATION EXPLOSION- rapid rise in population has a negative impact on the environment. It raises demand for environmental resources, yet supplies are limited. RISE IN ECONOMIC ACTIVITIES- it results in prosperous consumption and production of products and services. It generates wastes that surpass the environment’s absorption capability. INCREASED USE OF INSECTICIDES, PESTICIDES AND CHEMICAL INDUSTRIES- the increased use of hazardous insecticides, pesticides and chemical fertilizers endangers the life of farmers and employees. RAPID INDUSTRIALIZATION- it has resulted in deforestation and natural resource depletion. It causes water contamination by accumulating growing amounts of hazardous compounds and industrial waste in water bodies. URBANIZATION- the migration of people from rural to urban areas is causing the rapid growth of slum neighbourhoods. It places an additional pressure on existing infrastructure efforts. ROLE OF INDIAN JUDICIARY The concepts on which environmental laws are based on in India are created through judicial processes before the Supreme court and high courts. The courts have played an important role in interpreting legislation and establishing principles for interpreting Indian statues and the Constitution. The Supreme court has issued decisions to close polluting companies and damaging aqua farms, to halt illegal mining activities, to develop cleaner motor fuel, and to conserve forests and architectural masterpieces such as Taj Mahal. CHALLENGES IN IMPLEMENTION While international environmental law provides a solid framework for addressing global environmental challenges, several challenges hinder its effective implementation: COMPLIANCE AND ENFORCEMENT- ensuring compliance with environmental commitments and implementing legal laws can be difficult in some countries due to a lack of sufficient enforcements mechanisms and inadequate national legislation. JURISDICTIONAL ISSUES- environmental concerns sometimes include numerous jurisdictions, making coordination of efforts and the establishment of efficient governance systems difficult. It is critical for efficient implementation to harmonise national legislation and resolve jurisdictional issues. FINANCING AND CAPACITY BUIDLING- adequate money and technical capacity building are required to carry out environmental efforts. Many developing countries lack the resources and skills needed to meet their environmental duties, necessitating assistance from wealthy countries and international organization. POLITICAL WILL- environment issues can become embroiled in complex political dynamics, making consensus and decisive action difficult. Overcoming opposing national interests and building international political will are key for effective implementation. CONCLUSION-It is commonly acknowledged that that the earth is confronted with a number of environmental concerns that can be handled through international cooperation. Countries are currently busy in changing their economies, as a result of which difficulties are shifting towards sustainable development. Through its principles, international environmental law seeks to ensure the protection of our planet for present and future generations. Continued international cooperation, strengthened legal mechanisms, and increased awareness and commitment from governments and individuals are crucial to address the challenges and secure a sustainable future for our planet. ARTICLE BY-TANYA GOYAL