The trans-national greed of developed nations: Impact on the Environment

Mahatma Gandhi had once said that nature has given us enough to satisfy our need but nature has not given us enough to satisfy our greed. Had we been able to sustain ourselves on the basis of our need, probably His Excellency, the Governor of Uttaranchal would not have found it to be an occasion to speak on corruption. Friends, the subject-matter of today’s discussion is the greed not only national, domestic, regional but transnational. This transnational need, transnational greed rather is not a greed of the persons who are corrupt. But transnational greed is of the developed countries. There is a turbo-power of between the haves and the have-nots between the developed countries and developing countries. There is a conflict of interest between those who have opened up their economy and those who are thriving for social justice. Between those who can go away with all sorts of tyrannies and those who are still seekers of access to Justice.

Friends, in short, this is the parameter of International Environment Law. I will begin with principle two of Stockholm Declaration of 1972. The natural resources of the earth including air, lands, flora and fauna and especially representative samples of natural eco system must be safeguarded for the benefit of present and for the future generations. So careful planning and management is appropriate. The call of nature is that if you continue to exploit nature, the mineral, the resources as you have been doing, what would remain for our grandsons and granddaughters. The Stockholm Declaration incapacitates the direction that environmental issues must now take not only in the domestic fair but also international. The reasons for this is that the issues relating to environment has undergone a metamorphic. They no longer have a limited impact but transient national and regional boundaries. Today, massive deforestation in South America can have a global impact on rainfall on other weather patterns. A massive post world-war industrialization in Germany resulted in acid rain. Industrialization and urbanization have caused uncontrolled deforestation, problems of insanitation, worst disposal and even made scares such as national resources as potable water and clean air. Environmental disasters as a result of unchecked use of technology have caused thousands of deaths and adversely affected the quality of life of future generation in Charanobil and Bhopal. But this is not intended to downplay. The benefits of scientific and technological advancement that have undoubtedly made life on earth more comfortable, however, what is of importance today is the need to strike a balance between exploiting natural resources and the still being the ecological balance.

We in India also seem to have lost our focus in this regard. Our ancient text recognizes, air, fire, atmosphere earth and water as Panch Bhootas essential for making life meaningful and rivers such as the Ganga and the Yamuna are worshipped but indiscriminate utilization of resources has brought about such a situation that in Delhi there is grossly polluted and one Yamuna leaves the city. It is no more than drain and its oxygen content is ‘0’. This is its impact along the further course of the river internationally the accepted ratio of forest is 33% of the land mass, India has only 20.55 per cent. The diminishing forest cover in some parts of India has affected the availability of rainfall in other parts of the country. As I said the historical perspective goes back right up to 1867 in International environmental law. When France and Britain entered into an international agreement relating to fisheries keeping in view the environmental perspective for protection of birds, Switzerland proposed in International Regulatory Commission in 1872 resulting in the constitution of international ornithological congress and convention to protect brids useful for agriculture. By reason of that protocol, protection to certain birds prohibition of their killing, destruction was prohibited provisions were also inserted relating to nests, eggs breeding places and methods of capture. As regards pollution the first treaty was entered into in the year 1909 by in between USA and Canada known as Water Boundary Treaty.

In the year 1922, international committee for the preservation of the birds between USA and the countries of Europe was constituted. In 1933, a convention on preservation of Flora and Fauna in the natural state heralded the first half of the 20th Century, its aim was in particular to preserve the natural Fauna and Flora by setting up national parts and reserves and regulating hunting collection of species, restriction on trade of trophies and export of certain schemes and flowers were also Imposed. The approach of international law generally to environmental problems is well illustrated by International Arbitrations. The first one was in 1898, that was a case where Great Britain they were, if I may use the word ‘hunting’ the seals within the international boundaries of water, which is beyond the territorial water boundary of America. The America and in Great Britain in view of the dispute entered into an Arbitration Agreement, the matter was referred to Arbitrator. United States probably for the first time although was aware of its limitation so far its claims are concerned, put up a plea of their concern for the benefit of mankind. They put up a plea of common heritage but unfortunately, there had been strict application of law by the Arbitrators and they say with having regards to that activities of Great Britain are taking bless outside the territorial water boundaries of United States of America, it is not entitled to a relief. Although it was so the outcome of the dispute was a series of provision binding on the two parties regulating seal fishing in the area is playing many of the features of modern conservation treaties. Closed season, limited means of killing up or taking the decision, however, did not bind the other States. Under dispute of great significance was trailed by the arbitration between the USA and the Canada. From Canada’s factories sulphur emissions took place as a result whereof the crops trees and pastures in United States of Washington were damaged and United States claimed damages. One of the longest arbitrations that was held for 13 long years from 1928 to 1941. Several interim orders were passed Canada made certain payments to United States and ultimately the arbitration award was given in favour of United States. Trans-water pollution problems were created by Acid Rain in North America due to discharges caused by the industries in Canada. The Corpo-channel case in 1949 where international lawyers regard trans-boundary injuries from mines in territorial waters endangered international navigation that is an example of application of international law. However, serious threats began to be given on environmental aspects after the second world war. The international community adjusted environmental issues more seriously. International Environmental Law receipts its structural framework in 1960 when post-world war reconstruction leads to unprecendental growth of global economy and development of environment consciousness at a global level. The environmental movement in the international area started with the publication of the Silver Spain Silently in 1962. Awareness began to grow about the relationship between the economic development and environmental degradation and its preservation. The Committee of Ministers of the Council of Europe adopted the declaration of air pollution control in March, 1968. The African Convention on the conservation of nature and natural resources was adopted also in the same year. The fundamental principles of this convention was that the contracting States shall undertake to adopt the measures necessary to ensure conservation utilization and development of soil, water, floral and faunal resources in accordance with scientific principles and with due regard to the best interest of the people. Accordingly, it became the duty of each party to identify, protect, conserve and handover to the future generations the cultural and national heritage primary to the State. A World Heritage Committee was also established to which each party was required to submit inventory of their own national heritage. In 1970, the organizations for economic co-operation and development also established a committee for Environment, which also marked to beginning of recognition of environmental problems. 1971 sees another convention on international liability for damages caused by the space objects. The basis of the liability under the convention was not on proof of wrongfulness but on absolute damage caused by the space objects to the surface of earth or the aircrafts on flight. With growing affluence for increasingly large segment of population, they are generally developed and increased demand for goods and services. The usual by-products of this affluence is the waste from both the production and consumption processes. The disposal of that waste is further complicated by the high concentration of heavy waste products in urban areas. Under these conditions the maxim the dilution is the solution to pollution does not with stand the test of time because the volume of such waste is better than the system can absorb and purify through natural means with increasing population, increasing production, increasing urban concentration and increasing real median income is not surprising that our environment has taken a terrible beating because of its inability to absorb our will and refuse.

The negative impact of pollution of air, water and environment and its associated problems resulted in the convening of an international conference on human environment in Stockholm in the year, 1972. Popularly known as Stockholm Conference, which integrated environment protection with the concept of human development and the rights regime aforebeing the fundamental human rights to liberty, equality and adequate conditions of life in an environment of quality that permits life of dignity and well-being. The natural resources of earth including their water, land, flora and fauna must be safeguarded for the benefit of present and future generations through careful planning and management. What happened after the Stockholm Conference while realizing the negative impact unsustainable economic growth at the cost of the environment. The Stockholm declaration adopted the assertion, the capacity, rules, which assumed that the environment could assimilate impact and science could provide the necessary information and technology to deal with environmental degradation. It was effectively declared that discharge of matter in any Form that accedes the absorbing capacity of the environment must be Halted to ensure that there is no damage or infraction of the bio system and it is the responsibility of all the member states to control degradation of the environment. The word “sustainable development” was used for the first time in Stockholm Declaration. Ms. Branline, the then Prime Minister of Norway in her report defined “sustainable development” as development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

However, I would like to quote another definition of “sustainable development”. This was a statement issued by the International Council of Museum, a UNESCO organization and the American Association of Museums at the First War Museum Summit Costa Rica April, 1993, it said and I quote first “sustainable development” is a process of improving the quality of life in the present and future promoting a balance in the environment economic growth, equity and cultural diversity and acquires the participation of empowerment of all individuals, second the culture is the basis of sustainable development and third the museums are essential in protection and diffusion of our culture and national heritage. The report on sustainable development in the Stockholm declaration emphasized that environment and development were not antagonistic but are only difference has its some same human rights issue and thereby gave a momentum to commercial consciousness throughout the while.  I may tell you that even sustainable development theory doctrine is in question today, in the case of SEIKO tourism, in the case of development in areas, which is the forest areas in areas which are inhabited by the scheduled tribes. One convention on the conservation of migrated species of wild animals took place in 1979. It recognized that wild animals are in irreparable and irreplaceable part of our natural system and it is and obligation of man kind to ensure that this legacy is conserved for future generations and while utilized is utilized wisely. Since wild animals migrate from one state to another, it is the duty of the State to protect them in whose territory they are found. Thus the aim of the convention is to protect the migrated species and their habitats so that they do not become endangered. The independent commission of international development issues north south programme for survival in the year, 1980 known as Brand Report 1980 recognizes the financial and critical connection between the environmental protection, economic development and human rights. The World Charter for nature 28th October, 1982 was next the five point in the development of International Environmental Law. It professed the protection and the management of the nature taking care not to impair the essential processes or compromise on the generate viability of the art. It envisages providing special protection to fragile ecosystem and their natural resources for sustainable productivity. The limitation of the charter as a non-binding legal instrument was compensated by the incorporation of these principles in regional instrument as for example Asian Agreement on the Conservation of Nature and Natural Resources, which was signed on 9th July, 1985. Yet again in 1985, when a convention on protection of Ozone layer was signed. To protect the Ozone layer, which is protective shelter on earth protecting it from ultra-violet B-rays and to further developed scientific knowledge of ozone layer and check to possible adverse effects resulting from its modification. Montreal protocol in the year 1987 again an international agreement to globally reduce the emission of substances known to have the ozone layer. The protocol follows innovative approach to the issue of enforcement adding incentives for countries to join agreement. Then comes the bustle convention on the control of trans-boundary movement of hazardous West in 1989. The main objective of this convention was to reduce the generation and movement of hazardous another waste and their proper disposal in their state of origin with regards to the protection of health and environment and then comes the Rio Declaration in 1992.

The Rio Declaration included several principles and ambiguous legal character for the main policy document other takes included the convention on biological diversity, the state of principles for global consciousness and the management, conservation and sustainable development of all types of forests and Agenda 21, the programme of implementation contain on the right to development and the broadening horizons of global economic order in the context of environmental protection and sustainable exploitation. US viewed the right to development not as a right but as a goal, which depends for its realization for promotion and protection of the human rights set out in the UDHR. This conference gave a boost to the recommendation of environmental problems growing scientific understanding of interrelatedness of natural system and growing public concerns of accumulated impact on human activity on the global environment. The establishment of UNN Environment Programme lead to identification on economic and social programme, social factors, inherent environmental degradation and emphasized on the concept of development without destruction.

An ideological difference in the perspective of the right to development broadly incorporating the right to safe environment. Thus came into be, then comes the care to protocol in the year, 1997. This protocol aims to protect and enhance the sinks and reservoir of green house gases, which is not controlled by the Montreal protocol. Promotion of a aforestation and deforestation, promotion, research and development and increase dues of new and renewal forms of energy limit or reduce emission of green house gases including methane. The protocol also envisages international co-operation in the field of transfer of access to environmentally sound technology know how practices and processes are parking in the climate. Such co-operation includes implementation of environmental education programmes, training programmes and public awareness programmes. Yet again in Stockholm another convention took place on 22nd May, 2001. This ended in regulating. It does not know persistent organic pollutant known as POPs said to be some of the most dangerous chemicals in the world. The POPs are said to be hardy, toxic chemicals that persist in the environment breaking biological havoc in animals, which is yet to be completely understood by the Scientists. The convention noticed the effects of these chemicals on the human health. A call was given for immediate long-term elimination of 12 highly toxic chemicals including DCDs, DDT and Dioxines. That treaty is considered to be one of the most clean environmental achievements in a decade following the 1992 Deo Earth Summit.  Friends, one thing is clear that we do not know how many agreements convention on protocol are in force. Some authors have been able to press about 870 of such documents and some of the international documents relate to bio-logical diversity, deforestation, desertification, Marine Resources, Antarctica and its resources, prevention of pollution, which has further been divided into following categories :— namely (A) Trans-boundary pollution, Marine Pollution, Ozone depletion and climatic change. The focus is on international treaties relating to environmental protection customary international law, however, is also important. Why we require international law, why it is important? They are important for a number of reasons and some of them are  Trans-boundary and global problems require international solutions and international legal regulations of some kind will be either necessary or desirable international agreements may generate standards, which are adopted in nature national law or by regional groupings like European community the international area is of some importance for the development of principles of environmental law such as sustainable development or the precautionary principle indeed such principles can develop precisely because of their often non-binding origin;
because of its nature recent developments in international law a focused to how an attention to procedures and on positive inducements to comply rather than negative command and control style enforcement mechanism can be used to secure compliance. Although, born out of necessity, there is again much from National & E.G. Law to learn from this experience. Five perhaps negatively the development of environmental law at all levels may be subjected to restrictions originating in International Law for example import restrictions which are deemed to incompatible with the rules relating to international trade. Friends, it will thus be seen that the action upon country can have a major impact upon the environment of its neighbors on a local, regional or international scale. When the U.K. born fossils to provide its own electricity, there are concerns then emissions from power stations are causing acid rain in Northern European States. When there is an accidental spillage of chemicals from a factory, saying Switzerland into the rhyme, all the countries downstream will be affected by the air pollution. Use of ozone depleting substance, by the developed countries is alleged to affect the ozone layer in the upper atmosphere to detriment upon. Indeed, it might appear to be eminently sensible to organize the world’s environment on a global scale. But there remain many political and legal obstacles for adopting such an approach. The right to said healthy and ecologically balanced environment, would lead to a right of safe environment. Protection from the most catastrophic effects of pollution intoxicates, remains giving threat to health, which should be the main focus of the right to safe environment. In this aspect, the gap between the industrial countries and third world countries is steadily increasing resulting in major structural differences in a form of uneven turns of trade and the vulnerability of the developing market giving into economic pressure and the tax of the developed countries. This apprehension is reflected in the functioning of not only GATT and WTO, or IMF or World Bank, but also with respect to environmental organizations, like the U.N. environmental programmes. The definition and the scope of environmental rights remain extremely comprehensive. At one end of the spectrum, it acts as a limitation to the right to exploit the natural resources. A right link to development issues at the other end. It is viewed from the perspective of a minimum entitlement of basic needs, which is again linked to development issues. This comprehensive regime thus provides the ideology of both minimum protection and minimum entitlement and fairly well established its substantive guidelines. These guidelines must be integrated with procedural mechanism already established specially linked to judicial and executive redress. What is thus necessary is the working compromise universal minimum standards of protection and growing awareness of sustainable development. Friends what we have discussed before is indicative of the fact that there has been a dramatic expansion of international law which has affected all aspects of inter national legal system. It encompasses global concern like human rights economic development and environmental protection including Natural Resources Management and Pollution control. Organizations like United Nations International Monetary Fund, International Bank for the Reconstruction and Development have major role to play. Apart from the States, NGOs have become active, they should remain active. These forces lead to massive growth of international law, customary international law has also been expanded. The regulation and control of pollution is essential for which enforcement of international law is essential. International law in Indian scenario having regard to Article 253 of the Constitution of India addresses the concern of the international community not only in respect of trans-boundary pollution but also entrusted pollution. Another context in which pollution implicates international right and duty is similar to that in which trans-boundary pollution occurred such as high seas other space and the climate. The enforcement of law, where a domestic or international in that true perspective in all seriousness undisputedly will make the life of the future generation worth living.  Let us go back to our ancient text "सर्वे भवतु सुखिनः सर्वे सन्तु निरामया". Right to health and like other rights as indicated in Article 21 including the right of environment should be protected by all and as all of you are aware, that after the Stockholm declaration, the constitution was suitably amended by including Article 48-A, Art. 51-AG, which perceives that each one of us has a duty to protect the environment. Each one of us has a duty to make contribution for giving others a healthy and happy life.

Author Name: Hon’ble Justice Satya Brata Sinha