Introduction Environment includes land, air, water, plants, animals, human beings, microorganism and everything that surrounds

it, hence environmental law broadly should mean the law that regulates almost every action on this planet. However the scope, development and application of environmental law suggest that environmental law is the law that regulates human actions which have an impact on natural environment and natural resources. The range of activities regulated by environmental law include the activities of major enterprises to common mans everyday activity. Environmental law has unique characteristics and the scope of environmental law is also growing exponentially since 1970 across nations. Degradation of environment across the world and the adverse impact of it on life and its support system led to the growth of environmental law. The United Nations Conference on Human Environment (UNCHE), popularly known as Stockholm Conference, held from 5 th to 16th June 1972 at Stockholm is considered to be the first major effort to draw the attention of the Nations to preserve and protect the earth. The conference is influenced by the report published by the Club of Rome titled Limits to Growth. Club of Rome is a group of educated people from various nations who formed the group in 1968 at the instance of an Italian industrialist, Aurelio Peccei. The group entered into an agreement with MIT (Massachusetts Institute of Technology) in 1970 to apply Systems Dynamics and analyze the impact of resource availability and development potential. The research consisted of 17 people from various Nations and the report was submitted by Dennis Meadows to the Club of Rome. The report anticipates growth rate and forecasts the emerging challenge in view of the resource constraint which may arise due to severe stress imposed on resources due to development. The Limits to Growth anticipated a sudden fall in development due to lack of resources which may arise in next fifty years. The report is criticized of being extremely hypothetical and without substantive stand as we already crossed thirty five years since then and nothing as projected by the report has occurred. The other criticism goes to the extent of saying that it is a conspiracy of certain trade groups to ensure their monopoly over capital

markets. However the report had its influence in evoking nations towards the need for environment protection. The Stockholm Conference is the result of United Nations General Assembly Resolution following the Economic and Social Council recommendation to have a conference on environment. The conference preparatory process involved inviting reports on status of environment and aspects concerning environment from government and non government organizations across States. The conference laid foundation for evolving international policy on environment and debated at great length to have intergovernmental organizations and an environment fund which finally led to the establishment of United Nations Environment Program (UNEP). UNEP has its head quarters at Nairobi, Kenya as it was intended to have it in the developing nation. There is a constant demand from few nations that UNEP be empowered and converted to a full fledged United Nations organization as UNEO (United Nations Environment Organization). The Stockholm Conference motto was only one earth. The conference is said by few to be a victim of its own success as it inspired and led to the establishment of more than one lakh Non Governmental and Inter Governmental Organizations and evolving of more than 200 Conventions pertaining to environment. UNEP did not live up to the expectations is also one of the major criticisms of the environmentalists. Stockholm Conference resulted in a declaration consisting of 26 principles accepted and adopted by the States. Though the declaration is not formally binding the principles laid down in this declaration have been the guiding source of law in many countries. The Indian Supreme Court also relied upon some of these principles while decision making in matters pertaining to environment protection. The principles lays down the conviction of the States for protecting resources of the earth including air, water, land, flora, fauna etc. so as to ensure their availability for the benefit of future generations. The principles lay down emphasis for sustainable use of non renewable resources. They emphasize planning and rational management of resources. The principles enunciate that the member States National policies and institutions have to adopt measures to protect the environment. The

principles 21 and 22 laid foundation for law relating to liability for environmental damage.
Principle 21 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 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 22 States shall cooperate to develop further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such States to areas beyond their jurisdiction.

The foundation for the above principles could be said to be laid down by the decision in Trail Smelter case. In the Trail Smelter Case, in 1941, liability for the damage caused beyond national boundaries has been accepted. Smelting operations carried in Canada damaged the crop in United States. United States farmers demanded compensation through its Secretary of State from the Canadian Government for the damage done to them. Canadian Government was asked to pay 350000 U.S. Dollars as compensation for all the damage done to the United States until 1932 and the future damage had to reviewed and decided subsequently. This case laid foundation for accepting liability for the environmental harm caused beyond boundaries which was finally accepted and adopted as a principle in Stockholm declaration. Besides these principles Stockholm conference led to the enactment of various legislations concerning environment protection across nations. The conference could be said to have achieved the purpose of arousing environment consciousness and initiating measures for environment protection among the member States. Developing countries raised the concern of poverty, illiteracy, unemployment and other pressing problems plaguing them and they stated that it may not possible for them to take drastic measures for environment protection as their other demands are to be attended immediately. However it is proclaimed by the conference that man is both a creature and molder of environment, hence environment protection is important for human sustenance itself. Problems such as poverty etc. shall be secondary as compared to

sustenance of life therefore environment protection need to be addressed alongside poverty and other problems as one problem cannot be said to be more important than the other. Stockholm Conference in essence laid the foundation for Sustainable Development. The term Sustainable Development is used by IUCN (International Union for Conservation of Nature) in 1981 but impetus to this is given in the Brundtland Report in 1987. UNEP constituted an independent body the World Commission on Environment and Development headed by GroHarlem Brundtland, the then Prime Minister of Norway, to study the aspects of sustainable development and the impact of Stockholm Conference. The Commission published its report titled Our Common Future popularly known as Brundtland Report. This Report defined Sustainable Development as the development that meets the needs of the present without compromising the ability of the future generations to meet their own needs. The definition specially focuses on integrating economics and ecology at all levels. Sustainable Development is defined in terms of intergeneration equity. Brundtland Report has influenced the United Nations Conference on Environment and Development (UNCED), also known as Earth Summit, held at Rio de Janeiro from 3 rd to 14 th June 1992. This Conference resulted in Rio Declaration, Agenda 21 an action plan for implementation, United Nations Convention on Biological Diversity, United Nations Framework Convention on Climate Change and Forest Principles. Though the Stockholm and Rio declaration are soft law instruments and are not binding the nations, the principles evolved have been part of policies and legislation in most countries. The two binding conventions that came into force at the Rio Conference are the United Nations Convention on Biological Diversity and the United Nations Framework Convention on Climate Change. Rio Declaration reaffirmed the Stockholm and proclaimed to build over it. Rio declaration laid foundation for many treaties as nation States have accepted the controversial negotiations. Developing and under developed nations have consistently

raised the concern for investing in environment protection as they were not the perpetrators of environment degradation. Their contention was voiced at every forum from Stockholm on wards which could have become a stumbling block but has been resolved with the acceptance of common but differentiated responsibility.
Principle 7 of the Rio declaration states that: 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 to sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command.

The acceptance of the common but differentiated responsibility principle laid foundation for the States to adopt the Convention on Biological diversity and the Convention on Climate Change. Rio declaration was influenced by sustainable development hence the declaration laid precautionary principle, impact assessment and polluter pay principle which have become accepted norms in many States. Principle 15 of the declaration lays precautionary principle, while principle 16 states the polluter pay principle and principle 17 emphasizes the impact assessment procedure.
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.

The Declaration also laid foundation for disaster management, protection of indigenous Peoples rights and environment dispute settlement.

The next conference was held after five years in 1997 with the representatives of government agencies popularly known as Earth Summit + 5 considered the implementation of Rio outcome and upheld the Rio Declaration. The next United Nations Conference was held in 2002 at Johannesburg as is decided at Rio Conference to have a conference after 10 years. This Conference is known as the World Summit on Sustainable Development (WSSD). More than 45,000 people participated in this conference with representatives form Government, Non Government Organizations besides others. The Conference is influenced by the works of Amartya sen, Millenium Development Goals and Globalization besides others. The situation in 1992 is not the same in 2002. Globalization and trade liberalization had its impact on World Summit especially the work of Amartya sen which asserted that economic growth does not necessarily mean social growth and that development may not necessarily trickle down. The consensus was arrived at the Conference on the fact that for the development to be sustainable it has to be equitable. Hence poverty eradication, illiteracy, health and social justice broadly speaking are essential components of Sustainable Development. Hence economic growth, environment protection and social justice are three pillars of sustainable development each reinforce the other. This Conference resulted in a Declaration and Joint Plan of Implementation containing an introduction and ten chapters starting with poverty eradication as the first chapter. This is how the Johannesburg Conference (WSSD) has changed the concept of Sustainable Development form ecological and economic integration to the integration of ecological, environment and social justice. This has an impact on conservation strategies and policies at all levels among Nations. Convention on Biological Diversity (CBD): The Convention is an out come of the Rio Conference (United Nations Conference on Environment and Development, 1992 held at Rio de Janeiro). UNEP constituted an Inter Governmental Negotiating Committee (INC) in 1988 to look into the aspects of conservation of biological diversity and the threat associated with it. There were expert committees constituted to study economic aspects, conservation aspects etc. to assist the preparation of draft convention. INC prepared the draft and placed it for approval at the

Rio Conference. The contracting parties adopted the Convention, with the requisite number of signatories the Convention came into force in December 1993. More and more Nations became signatories to this Convention in due course of time. The Convention broadly aims to achieve the following: 1) Conservation of biological diversity 2) Sustainable use of biological resources 3) Equitable sharing of benefits. Conservation of Biological Diversity: Biological diversity is defined in Article 2 of the Convention:
Biological diversity means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, this includes diversity within species, between species and of ecosystems.

Diversity within species can be stated as genetic diversity like various varieties within rice, between species diversity means rice, paddy maize etc. whereas diversity of ecosystems would mean diversity such as farmlands, deserts, forests, beaches etc. Earth is like a complex web and to pull any thing is to pull the entire structure hence the existence of diversity is essential for the survival of life. The fact that species are becoming extinct at an alarming rate is the major reason to consider conservation of the diversity not only for human survival but for the survival of the species themselves. As no specie could take away the rights of others and no human intelligence would create the specie, it is not justified that it be used for its extinction. Mono culture in agriculture has become the most common practice threatening the diversity. High yielding varieties and hybrid varieties have brought down the diversity leading to monoculture resulting in more species being fed on fewer varieties. It is not only important to conserve the specific components of biological diversity but it is important to protect the ecosystem as such which supports these components. The convention also specially emphasizes on species which are endemic to particular

ecosystem as they are more vulnerable. Species which are non endemic and are introduced into a particular ecosystem from else where may at times pose threat to endemic species which need to be monitored. Ecosystem conservation also includes conservation of abiotic components which are part of the ecosystem for example when a forest eco system is conserved the stones, hills and similar other abiotic components also are protected. The Convention states that States have sovereign rights over the biological resources in their territory, identifying and monitoring them would be an essential task of the States. Conservation of biodiversity presupposes the knowledge of the existence of the components of biodiversity. However the identification, reporting and monitoring of the species is a huge task. It requires enormous man power, expertise and economic investment to identify and record the existing species. A rough estimate states that there are thousands of varieties of insects exist where as scientists could name only a few them. In such a scenario identifying the known species may be done with great difficulty and identifying the unknown may still be not possible. Moreover nation State has the authority to exploit its own resources.
Article 3 of the Convention on Biological Diversity states that: 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 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.

Considering the fact that species are best protected in their natural habitats, in situ form of conservation is preferred. Where there is no such possibility even ex situ form of conservation should be preferred, as far as possible, in the country of origin. Article 8 and 9 of the Convention specifies In-situ and Ex-situ forms of conservation. In situ form of conservation can be managed by developing, regulating and maintaining Protected Areas, preventing, eradicating or controlling the entry of alien species, protecting, practicing and respecting innovations of indigenous knowledge etc. Ex situ form of conservation would ensure protecting components of biological resources by providing financial resources to set up institutions for such conservation etc. In situ form of conservation revolves around

the concept of protecting of protecting the habitat or the entire ecosystem in its pristine state so as to ensure the survival of life of plants, animals, microorganism in their surrounding while ex situ form of conservation speaks of conservation of components of bio diversity with suitable alternatives. Article 7 of the Convention states that identifying and monitoring components of biological diversity should be done in accordance with the indicative list of diversity i.e. ecosystem, species and genetic diversity. Identifying is a major task it is estimated that there are around 50,000 varieties within insects and with regard to bacteria we have no clue. Hence the major task of the States would be identification. Hence the whole conservation we speak about revolves around the conservative estimate and knowledge we possess of the existing species. Sustainable use of biological resources: Developing countries are rich in biological resources where as developed countries possess advance technology. Developed countries need access to the biological resources for their research and development. Developing countries are not interested in providing such an access as this would defeat their future opportunity of invention and also that the developed country would patent its invention and sell it back to the country at very high costs which will be detrimental to developing country. Hence there were conflicting interests in negotiations on providing access. The contracting parties finally agreed that access to biological resources would be provided upon equitable sharing of benefits between the country providing biological resource and country which developed it. The country providing access would also ensure that access will not adversely impact the environment and diversity in particular. The contracting parties to the Convention shall provide access to the nations only on the basis of prior informed consent. Where it is provided it would be upon mutually agreed terms. There have been unending negotiations as to the terms of reference as far as providing access is concerned and the Convention finally decided to keep it open to the contracting parties to negotiate upon the terms. Article 15 and 16 of the Convention states

that access should not be denied to the countries, but where access is provided it must be based on informed consent and upon mutually agreed terms. Article 15 of the Convention states that, access to genetic resources:
1. Recognizing the sovereign rights of States over their natural resources, the authority to determine access to genetic resources rests with the national governments and is subject to national legislation. 2. Each Contracting Party shall endeavor to create conditions to facilitate access to genetic resources for environmentally sound uses by other Contracting Parties and not to impose restrictions that run counter to the objectives of this Convention. 3. For the purpose of this Convention, the genetic resources being provided by a Contracting Party, as referred to in this Article and Articles 16 and 19, are only those that are provided by Contracting Parties that are countries of origin of such resources or by the Parties that have acquired the genetic resources in accordance with this Convention. 4. Access, where granted, shall be on mutually agreed terms and subject to the provisions of this Article. 5. Access to genetic resources shall be subject to prior informed consent of the Contracting Party providing such resources, unless otherwise determined by that Party. 6. Each Contracting Party shall endeavour to develop and carry out scientific research based on genetic resources provided by other Contracting Parties with the full participation of, and where possible in, such Contracting Parties. 7. Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, and in accordance with Articles 16 and 19 and, where necessary, through the financial mechanism established by Articles 20 and 21 with the aim of sharing in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Contracting Party providing such resources. Such sharing shall be upon mutually agreed terms. Article 16 of the Convention states that, access and transfer of technology: 1. Each Contracting Party, recognizing that technology includes biotechnology, and that both access to and transfer of technology among Contracting Parties are essential elements for the attainment of the objectives of this Convention, undertakes subject to the provisions of this Article to provide and/or facilitate access for and transfer to other Contracting Parties of technologies that are relevant to the conservation and sustainable use of biological diversity or make use of genetic resources and do not cause significant damage to the environment. 2. Access to and transfer of technology referred to in paragraph 1 above to developing countries shall be provided and/or facilitated under fair and most favourable terms, including on concessional and preferential terms where mutually agreed, and, where necessary, in accordance with the financial mechanism established by Articles 20 and 21. In the case of technology subject to patents and other intellectual property rights, such access and transfer shall be provided on terms which recognize and are consistent with the adequate and effective protection of intellectual property rights. The application of this paragraph shall be consistent with paragraphs 3, 4 and 5 below. 3. Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, with the aim that Contracting Parties, in particular those that are developing countries, which provide genetic resources are provided access to and transfer of technology which makes use of those resources, on

mutually agreed terms, including technology protected by patents and other intellectual property rights, where necessary, through the provisions of Articles 20 and 21 and in accordance with international law and consistent with paragraphs 4 and 5 below. 4. Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, with the aim that the private sector facilitates access to, joint development and transfer of technology referred to in paragraph 1 above for the benefit of both governmental institutions and the private sector of developing countries and in this regard shall abide by the obligations included in paragraphs 1, 2 and 3 above. 5. The Contracting Parties, recognizing that patents and other intellectual property rights may have an influence on the implementation of this Convention, shall cooperate in this regard subject to national legislation and international law in order to ensure that such rights are supportive of and do not run counter to its objectives.

The Convention specifies the need to invest in research and training for sustainable use and conservation. The Convention also provides for exchange of information and knowledge for this purpose. The Convention states that the use of biotechnology should be in such a way that it take care of its impact on environment. It is often heard that genetically modified organism and food pose threat to environment. The Convention specifies the need for safe handling and also the establishment of Conference of Parties (COP) and institutions such as secretariat to look into these aspects. Bio safety Protocol has come into existence because of the efforts of the Conference of Parties and of the adverse impacts of the biotechnology on environment. Article 14 of the convention emphasizes the need for impact assessment for activities which have significant impact on bio- diversity
1. Each Contracting Party, as far as possible and as appropriate, shall: (a) Introduce appropriate procedures requiring environmental impact assessment of its proposed projects that are likely to have significant adverse effects on biological diversity with a view to avoiding or minimizing such effects and, where appropriate, allow for public participation in such procedures; (b) Introduce appropriate arrangements to ensure that the environmental consequences of its programmes and policies that are likely to have significant adverse impacts on biological diversity are duly taken into account; (c) Promote, on the basis of reciprocity, notification, exchange of information and consultation on activities under their jurisdiction or control which are likely to significantly affect adversely the biological diversity of other States or areas beyond the limits of national jurisdiction, by encouraging the conclusion of bilateral, regional or multilateral arrangements, as appropriate; (d) In the case of imminent or grave danger or damage, originating under its jurisdiction or control, to biological diversity within the area under jurisdiction of other States or in areas beyond the limits of

national jurisdiction, notify immediately the potentially affected States of such danger or damage, as well as initiate action to prevent or minimize such danger or damage; and (e) Promote national arrangements for emergency responses to activities or events, whether caused naturally or otherwise, which present a grave and imminent danger to biological diversity and encourage international cooperation to supplement such national efforts and, where appropriate and agreed by the States or regional economic integration organizations concerned, to establish joint contingency plans. 2. The Conference of the Parties shall examine, on the basis of studies to be carried out, the issue of liability and redress, including restoration and compensation, for damage to biological diversity, except where such liability is a purely internal matter.

Though the Convention provides for impact assessment it has been the most controversial aspect for legislators in many parts of the world. Impact assessment requires greater expertise to analyze the adverse impact of any proposed development activity. Often the developer is not convinced with the fact that the adverse impact of his project could be that grave and the project proponent is not willing to accept the liability. Impact on bio diversity is tough to be made as the impact may be shown much later after the development activity is taken up or it may not be possible to analyze as to how and why such an impact has happened leaving the entrepreneur the chance to escape liability. Equitable sharing of benefits: The benefits arising out of the biological resources by use of biotechnology or otherwise must be distributed between the country of origin and the country which developed it. This has been immensely attacked on the ground that the country which developed would have a right over the invention and research would be adversely affected if it has to be distributed. Regarding sharing the developing countries contend that the country providing biological resource should benefit from transfer of technology besides providing financial resources and sharing of research outcome. This is controversial in the context of trade regime which provide patent rights to the inventor and also in the context of national policies. Other problem with the patenting is the traditional knowledge and the rights of local communities over it. The rights of the local communities over the traditional knowledge has been part of the convention but sharing benefits to the community and identifying the communities who developed knowledge would be a major task. The Convention also

asserts that the provisions shall not affect the rights arising to the contracting parties out of other international instruments or legal instruments in existence unless they lead to a serious damage or threat to biological diversity. The issue of patenting the medicinal utility of the neem which has been the traditional knowledge of our country and consequent effort made by the environmentalists in our country to revoke the patent is only an example of how traditional knowledge is at the verge of being exploited in the name of trade rights. Article 8 (j) of the Convention states that:
Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage equitable sharing of the benefits arising out of the utilization of such knowledge, innovations and practices

Traditional knowledge is the knowledge acquired from information based on experience and adaptation to a local culture and environment. It can transcend by story telling, rituals or by experiencing etc. it is not documented like other scientific knowledge or western concept of knowledge. It could be specific to a locality or to a community. The knowledge could be regarding medicinal value of shrubs, herbs or it could relate to cultivation etc. The knowledge could be held commonly or by a group who have brought it to the community. There could be situations where there are improvements made to the existing knowledge hence it could be dynamic. There is no hard and fast rule that traditional knowledge should be ancient and static. Principle 22 of Rio Declaration states that:
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.

There is a need to ensure that their knowledge is not made the domain of any individual or any institution in the name of patent. This can happen in two broad ways firstly a person may patent the traditional knowledge in the form it exists for example: In India turmeric (curcuma longa) is known to heal wounds. Two Indians Suman K Das and Hari Har .P.Cohly were granted U.S. Patent for turmeric to be used to heal wounds. The Indian

Council for Scientific and Industrial Research (CSIR) filed a case with the U.S. Patent office challenging the patent on the ground of prior art i.e. existing public knowledge. CSIR claimed that turmeric has been used for thousands of years to heal wounds and they have supported the argument with ancient Sanskrit text books besides a paper published in the Journal of Indian Medical Association. U.S. Patent office agreed with the CSIR claim and cancelled the patent granted. A patent may be granted to an invention which takes the lead or clue from the existing traditional knowledge. A drug named Jeevani is developed from a medicinal plant arogyapaacha based on the information given by the kani tribals to Indian scientists. This knowledge is the traditional knowledge of the kani tribe living in the western ghats region of kerala. They divulged the medicinal use of the plant fruit and the scientists used chemical process to develop the medicine Jeevani . The scientists used the leaves rather than fruits of the plant to develop medicine however the clue that this plant has medicinal value has been the traditional knowledge of the tribal people. The drug has been registered with a pharmaceutical company and a trust fund was established to share the benefits arising out of the sales of the drug jeevani.

Bio Safety Protocol: The Cartegena Protocol on Bio safety is an effort of the Conference of Parties of the Convention on Biological Diversity. Article 19 of Convention on Biological Diversity states about the handling of Bio technology and distribution of its benefits:
1. Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, to provide for the effective participation in biotechnological research activities by those Contracting Parties, especially developing countries, which provide the genetic resources for such research, and where feasible in such Contracting Parties. 2. Each Contracting Party shall take all practicable measures to promote and advance priority access on a fair and equitable basis by Contracting Parties, especially developing countries, to the results and benefits arising from biotechnologies based upon genetic resources provided by those Contracting Parties. Such access shall be on mutually agreed terms.

3. The Parties shall consider the need for and modalities of a protocol setting out appropriate procedures, including, in particular, advance informed agreement, in the field of the safe transfer, handling and use of any living modified organism resulting from biotechnology that may have adverse effect on the conservation and sustainable use of biological diversity. 4. Each Contracting Party shall, directly or by requiring any natural or legal person under its jurisdiction providing the organisms referred to in paragraph 3 above, provide any available information about the use and safety regulations required by that Contracting Party in handling such organisms, as well as any available information on the potential adverse impact of the specific organisms concerned to the Contracting Party into which those organisms are to be introduced.

The Protocol was adopted in 2000 and came into force on 11 th September 2003. The Protocol intends to regulate handling and safe transfer of genetically engineered products from one country to other country. The Protocol is based on precautionary approach. Principle 15 of the Rio Declaration states that 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. This approach known as precautionary approach provides that where risk is not ascertainable than apply precaution. Applying this when risk due to genetically modified product is not ascertainable and the importing country is apprehensive it may be given the right to prohibit entry of such products either directly or indirectly. This has been the argument of developing nations. The countries which produce the genetically engineered crops have not signed the Protocol so far. More than 100 countries have been parties to the Protocol. The countries which favored the protocol assert that the importing country should have information on adverse impacts of the products on environment and health and must have a right to say NO to their entry. While the developed countries argue that these issues should fall under trade (WTO) regime and the countries should not be given right to say NO unless the risks are ascertained, however developing countries did not agree to this contention. The Protocol tries to regulate the products in two categories. Firstly those (Genetically Modified Organisms) GMO which are directly introduced into the environment and the other are the food, feed or processing products which are not directly released into the environment.

As far as the entry of GMO directly into the environment is concerned the Protocol specifies AIA procedure i.e. Advance Informed Agreement. The country importing has to enter into an advance informed agreement for exporting such products into their country. For the GMO indirectly entering the environment by way of food, feed or process is concerned the Protocol specifies that the products may be exported with shipment documents specifying that it may contain genetically engineered products and provide contact information for further clarification. The country importing on taking further information may analyze risk as per the risk assessment procedure provided in the Protocol. Based on the report of the analysis it may either accept the products or reject them for import. The Protocol also provides for the establishment of clearing house which shall provide information, a secretariat, the ICCP (Inter Governmental Committee on Cartegena Protocol). ICCP is an adhoc body under the Protocol which analyses the implementation and other aspects of the Protocol.

Climate Change Climate change has been a matter of concern for the world community in view of the ascertained risks associated with it. It is popularly said that those who choose to remain unconcerned with climate change are the ones who choose death. Climate change occurs due to various factors some of which are human induced. Green house gases such as carbon dioxide, methane etc. absorb the infra red rays from the earth surface and makes the atmosphere warmer than it should be. These gases remain in atmosphere for decades or more leading to global warming. Global warming is the increase in the temperature of the earth, which has been recorded to have increased by o.6 degree in the last 100 years which is a matter of great concern as the difference from ice age to today average temperature is only 6 degree. Global warming results in rise in sea level, loss of biodiversity, coral bleaching, decline in plant and animal life etc. Sea level rise occurs due to melting of glaciers and the increase in the temperature of ocean water. This rise

will lead to coastal inundation besides affecting the quality of surface water and ground water. Climate change is likely to affect food security, bio sphere, and the entire eco systems. Hence there is need to check the global warming. Global warming and climate change are often used inter changeably however climate change is a broader term which encompasses global warming. Global warming is chiefly due to anthropogenic emissions which need to be regulated to counter the climate change. The reason why climate change need to anticipated and attacked is because of its ascertained possible adverse effects as majority of scientists are in consonance with the thought that human actions have contributed significantly to global warming. United Nations Framework Convention on Climate Change: United Nations Environment Program (UNEP) and World Meteorological Organization (WMO) constituted IPCC (Inter Governmental Panel on Climate Change) in 1988 to study the aspects of climate change. IPCC recommended for the Climate Change Convention. This Convention is adopted in Rio Conference in 1992 and came into force in 1994 with required number of signatories. This is the first major effort to curb Green House Gases. In 1987 the Montreal Protocol on ozone depleting substances has been adopted which imposes targets on reducing emissions of ozone depleting substances. The Climate Change Convention (UNFCCC) intends to regulate the green house gases emissions which are not covered by Montreal protocol. The convention defines climate change:
"Climate change" means a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods.

The Convention aims to stabilize green house gases at a level that would prevent dangerous anthropogenic interference within a time frame so as to allow ecosystems to adopt and to ensure that food production is not affected. As the green house gases remain in atmosphere for more than a decade effort must be made to remove them from the

atmosphere. This is popularly known as sink or creates reservoirs for keep sake of Green House Gases. The convention defines sink:
"Sink" means any process, activity or mechanism which removes a greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere.

The solution lies in long term efforts. Climate change cannot be countered in a year or even in a decade however the need to initiate measures to combat climate change cannot be postponed in view of the possible adverse consequences. Negotiating process for the convention evoked many controversial debates some of which are justified. Many States contended that per captia emission of green house gases in their States is either negligible or far lesser than developed countries. The countries which are in the process of development cannot be asked to forego it in the name of reduction of green house gas emissions. The need to develop is as important for them as the need to protect environment. Developed nations have contributed immensely for the climate change in view of the huge unregulated emissions that they have permitted in their States. The Association of Small Island States (AOSIS) strongly pursued the negotiating process to a logical conclusion as they are more vulnerable to the sea level rise. European Union and Non European Union developed countries formed into two groups to represent the stand of the group. A group of 77 States in the name of G 77 represented the concern of developing nations. However none of these groups always had the common voice as the individual States interest would be at conflict with the groups interest at times. These controversial interests of States resulted in common but differentiated responsibility. This principle common but differentiated responsibility essentially states that all nations shall have the common responsibility to address the climate change however the responsibility may vary keeping in view the contribution of the States to the climate change. The developed countries have contributed to the climate change mostly in view of the huge quantity of green house gases they emit. The developing countries do not wish to take the responsibility to mitigate the impact of climate change which is the result of developed countries besides it being unwanted costs on them. The developing countries also are under pressure to develop in view of their socio economic conditions and cannot take up any conditions on imposing emission targets. Small island developing

countries are at greater threat as they will be highly affected due to sea level rise, floods, inundation etc. and they wanted the Convention to be adopted. This resulted in adopting the principle of common but differentiated responsibility. Principle 7 of Rio Declaration states that States have common but differentiated responsibility. The Convention states that countries are required to prepare inventory of emissions and efforts made to mitigate emissions and submit to the Conference of Parties (COP) in accordance with Article 12 of the Convention. The countries listed in Annexure I of the Convention (Annex I) are required to reduce emissions to their 1990 level by the end of decade i.e. 2000. This has been an additional responsibility placed on Annex I countries and the countries listed in Annexure II of the Convention (Annex II) are required to also contribute to financial resources and transfer technology and other information in accordance with Article 12 to the COP. This has been the additional responsibility of Annex I and II nations. However there are criticisms that the responsibility of the Annex Nations is not spelled out well and that the developed countries have ensured that there is an ambiguity in the convention. Article 4 of the Convention states about the commitments of the Nations which are often critiqued as ambiguously worded at the instance of developed Nations is as follows:
1. All Parties, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives and circumstances, shall: (a) Develop, periodically update, publish and make available to the Conference of the Parties, in accordance with Article 12, national inventories of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies to be agreed upon by the Conference of the Parties; (b) Formulate, implement, publish and regularly update national and, where appropriate, regional programmes containing measures to mitigate climate change by addressing anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, and measures to facilitate adequate adaptation to climate change; (c) Promote and cooperate in the development, application and diffusion, including transfer, of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol in all relevant sectors, including the energy, transport, industry, agriculture, forestry and waste management sectors; (d) Promote sustainable management, and promote and cooperate in the conservation and enhancement, as appropriate, of sinks and reservoirs of all greenhouse gases not controlled by the Montreal Protocol, including biomass, forests and oceans as well as other terrestrial, coastal and marine ecosystems;

(e) Cooperate in preparing for adaptation to the impacts of climate change; develop and elaborate appropriate and integrated plans for coastal zone management, water resources and agriculture, and for the protection and rehabilitation of areas, particularly in Africa, affected by drought and desertification, as well as floods; (f) Take climate change considerations into account, to the extent feasible, in their relevant social, economic and environmental policies and actions, and employ appropriate methods, for example impact assessments, formulated and determined nationally, with a view to minimizing adverse effects on the economy, on public health and on the quality of the environment, of projects or measures undertaken by them to mitigate or adapt to climate change; (g) Promote and cooperate in scientific, technological, technical, socio-economic and other research, systematic observation and development of data archives related to the climate system and intended to further the understanding and to reduce or eliminate the remaining uncertainties regarding the causes, effects, magnitude and timing of climate change and the economic and social consequences of various response strategies; (h) Promote and cooperate in the full, open and prompt exchange of relevant scientific, technological, technical, socio-economic and legal information related to the climate system and climate change, and to the economic and social consequences of various response strategies; (i) Promote and cooperate in education, training and public awareness related to climate change and encourage the widest participation in this process, including that of non- governmental organizations; and (j) Communicate to the Conference of the Parties information related to implementation, in accordance with Article 12. 2. The developed country Parties and other Parties included in Annex I commit themselves specifically as provided for in the following: (a) Each of these Parties shall adopt national1 policies and take corresponding measures on the mitigation of climate change, by limiting its anthropogenic emissions of greenhouse gases and protecting and enhancing its greenhouse gas sinks and reservoirs. These policies and measures will demonstrate that developed countries are taking the lead in modifying longer-term trends in anthropogenic emissions consistent with the objective of the Convention, recognizing that the return by the end of the present decade to earlier levels of anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol would contribute to such modification, and taking into account the differences in these Parties' starting points and approaches, economic structures and resource bases, the need to maintain strong and sustainable economic growth, available technologies and other individual circumstances, as well as the need for equitable and appropriate contributions by each of these Parties to the global effort regarding that objective. These Parties may implement such policies and measures jointly with other Parties and may assist other Parties in contributing to the achievement of the objective of the Convention and, in particular, that of this subparagraph; (b) In order to promote progress to this end, each of these Parties shall communicate, within six months of the entry into force of the Convention for it and periodically thereafter, and in accordance with Article 12, detailed information on its policies and measures referred to in subparagraph (a) above, as well as on its resulting projected anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol for the period referred to in subparagraph (a), with the aim of returning individually or jointly to their 1990 levels these anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol. This information will be reviewed by the Conference of the Parties, at its first session and periodically thereafter, in accordance with Article 7;

(c) Calculations of emissions by sources and removals by sinks of greenhouse gases for the purposes of subparagraph (b) above should take into account the best available scientific knowledge, including of the effective capacity of sinks and the respective contributions of such gases to climate change. The Conference of the Parties shall consider and agree on methodologies for these calculations at its first session and review them regularly thereafter; (d) The Conference of the Parties shall, at its first session, review the adequacy of subparagraphs (a) and (b) above. Such review shall be carried out in the light of the best available scientific information and assessment on climate change and its impacts, as well as relevant technical, social and economic information. Based on this review, the Conference of the Parties shall take appropriate action, which may include the adoption of amendments to the commitments in subparagraphs (a) and (b) above. The Conference of the Parties, at its first session, shall also take decisions regarding criteria for joint implementation as indicated in subparagraph (a) above. A second review of subparagraphs (a) and (b) shall take place not later than 31 December 1998, and thereafter at regular intervals determined by the Conference of the Parties, until the objective of the Convention is met; (e) Each of these Parties shall: i) Coordinate as appropriate with other such Parties, relevant economic and administrative instruments developed to achieve the objective of the Convention; and (ii) Identify and periodically review its own policies and practices which encourage activities that lead to greater levels of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol than would otherwise occur; (f) The Conference of the Parties shall review, not later than 31 December 1998, available information with a view to taking decisions regarding such amendments to the lists in Annexes I and II as may be appropriate, with the approval of the Party concerned; (g) Any Party not included in Annex I may, in its instrument of ratification, acceptance, approval or accession, or at any time thereafter, notify the Depositary that it intends to be bound by subparagraphs (a) and (b) above. The Depositary shall inform the other signatories and Parties of any such notification. 3. The developed country Parties and other developed Parties included in Annex II shall provide new and additional financial resources to meet the agreed full costs incurred by developing country Parties in complying with their obligations under Article 12, paragraph 1. They shall also provide such financial resources, including for the transfer of technology, needed by the developing country Parties to meet the agreed full incremental costs of implementing measures that are covered by paragraph 1 of this Article and that are agreed between a developing country Party and the international entity or entities referred to in Article 11, in accordance with that Article. The implementation of these commitments shall take into account the need for adequacy and predictability in the flow of funds and the importance of appropriate burden sharing among the developed country Parties. 4. The developed country Parties and other developed Parties included in Annex II shall also assist the developing country Parties that are particularly vulnerable to the adverse effects of climate change in meeting costs of adaptation to those adverse effects. 5. The developed country Parties and other developed Parties included in Annex II shall take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technologies and know-how to other Parties, particularly developing country Parties, to enable them to implement the provisions of the Convention. In this process, the developed country Parties shall support the development and enhancement of endogenous capacities and technologies of developing country Parties. Other Parties and organizations in a position to do so may also assist in facilitating the transfer of such technologies.

6. In the implementation of their commitments under paragraph 2 above, a certain degree of flexibility shall be allowed by the Conference of the Parties to the Parties included in Annex I undergoing the process of transition to a market economy, in order to enhance the ability of these Parties to address climate change, including with regard to the historical level of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol chosen as a reference. 7. The extent to which developing country Parties will effectively implement their commitments under the Convention will depend on the effective implementation by developed country Parties of their commitments under the Convention related to financial resources and transfer of technology and will take fully into account that economic and social development and poverty eradication are the first and overriding priorities of the developing country Parties. 8. In the implementation of the commitments in this Article, the Parties shall give full consideration to what actions are necessary under the Convention, including actions related to funding, insurance and the transfer of technology, to meet the specific needs and concerns of developing country Parties arising from the adverse effects of climate change and/or the impact of the implementation of response measures, especially on: (a) Small island countries; (b) Countries with low-lying coastal areas; (c) Countries with arid and semi-arid areas, forested areas and areas liable to forest decay; (d) Countries with areas prone to natural disasters; (e) Countries with areas liable to drought and desertification; (f) Countries with areas of high urban atmospheric pollution; (g) Countries with areas with fragile ecosystems, including mountainous ecosystems; (h) Countries whose economies are highly dependent on income generated from the production, processing and export, and/or on consumption of fossil fuels and associated energy-intensive products; and (i) Land-locked and transit countries. Further, the Conference of the Parties may take actions, as appropriate, with respect to this paragraph. 9. The Parties shall take full account of the specific needs and special situations of the least developed countries in their actions with regard to funding and transfer of technology. 10. The Parties shall, in accordance with Article 10, take into consideration in the implementation of the commitments of the Convention the situation of Parties, particularly developing country Parties, with economies that are vulnerable to the adverse effects of the implementation of measures to respond to climate change. This applies notably to Parties with economies that are highly dependent on income generated from the production, processing and export, and/or consumption of fossil fuels and associated energy-intensive products and/or the use of fossil fuels for which such Parties have serious difficulties in switching to alternatives.

Kyoto Protocol The industrialized states have contributed to the climate change in their past and the developing nations refused to take any responsibility under the Convention as they feel that the Convention would adversely affect their economic and social interests. In view of the above differences and the language used in the text of the convention made it difficult to develop strategy for implementation. The COP met for the first time in 1995 and discussed the adequacy of the countries to implement the Convention. IPCC also published its report in 1995 where in it reasserted that human activities are changing the climate. In 1997 the COP adopted Kyoto Protocol to draw more comprehensive and adoptable targets and time tables for emission reduction but due to the delay in ratifying the protocol it came into force only in 2005. Article 17 of the Convention empowers the COP to adopt protocol, which reads as follows:
1. The Conference of the Parties may, at any ordinary session, adopt protocols to the Convention. 2. The text of any proposed protocol shall be communicated to the Parties by the secretariat at least six months before such a session. 3. The requirements for the entry into force of any protocol shall be established by that instrument. 4. Only Parties to the Convention may be Parties to a protocol. 5. Decisions under any protocol shall be taken only by the Parties to the protocol concerned.

Kyoto Protocol in essence has been a compromise or rather a workable solution to the Climate Change Convention. This Protocol emphasis is on regulation of the six green house gases domestic emissions subject to the overall regulation of the COP. The Convention requires the nations to reduce emissions while the Protocol helps to achieve it through market based mechanisms. The parties reached to the agreement that the protocol would introduce flexibility mechanism such as: Emissions trading, Joint implementation and Clean Development Mechanism (CDM).

The agreement was also reached on the issue of credits for forests and agricultural land and re vegetation as sinks and an action for compliance. The COP 11 th meeting

was held in 2005 in view of the fact that Protocol is coming into force in 2005. The meeting was held in two ways firstly meeting of the parties to the protocol (MOP) and meeting of the parties to the convention (COP). The meeting came out with implementation plans regarding emission trading, joint implementation and CDM. The Kyoto protocol sets targets and time schedule by quantifying emissions. The countries which have accepted commitments under the protocol (Annex B Nations) would be given a specified quota of emission (Assigned Amount Units (AAUs)) which they are required to maintain any excess emissions have to be purchased from any other country which has garnered credits by limiting the emissions below the quota. Article 17 of the protocol states the emission trading:
The Conference of the Parties shall define the relevant principles, modalities, rules and guidelines, in particular for verification, reporting and accountability for emissions trading. The Parties included in Annex B may participate in emissions trading for the purposes of fulfilling their commitments under Article 3. Any such trading shall be supplemental to domestic actions for the purpose of meeting quantified emission limitation and reduction commitments under that Article.

Article 3 of the protocol states:

1. The Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of this Article, with a view to reducing their overall emissions of such gases by at least 5 per cent below 1990 levels in the commitment period 2008 to 2012. 2. Each Party included in Annex I shall, by 2005, have made demonstrable progress in achieving its commitments under this Protocol. 3. The net changes in greenhouse gas emissions by sources and removals by sinks resulting from direct human-induced land-use change and forestry activities, limited to afforestation, reforestation and deforestation since 1990, measured as verifiable changes in carbon stocks in each commitment period, shall be used to meet the commitments under this Article of each Party included in Annex I. The greenhouse gas emissions by sources and removals by sinks associated with those activities shall be reported in a transparent and verifiable manner and reviewed in accordance with Articles 7 and 8. 4. Prior to the first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol, each Party included in Annex I shall provide, for consideration by the Subsidiary Body for Scientific and Technological Advice, data to establish its level of carbon stocks in 1990 and to enable an estimate to be made of its changes in carbon stocks in subsequent years. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session or as soon as practicable thereafter, decide upon modalities, rules and guidelines as to how, and which, additional human-induced activities related to changes in greenhouse gas emissions by sources and removals by sinks in the agricultural soils and the land-use change and forestry categories shall be added to, or subtracted from, the assigned amounts for Parties included in Annex I, taking into account uncertainties, transparency in reporting, verifiability, the methodological work of the Intergovernmental

Panel on Climate Change, the advice provided by the Subsidiary Body for Scientific and Technological Advice in accordance with Article 5 and the decisions of the Conference of the Parties. Such a decision shall apply in the second and subsequent commitment periods. A Party may choose to apply such a decision on these additional human-induced activities for its first commitment period, provided that these activities have taken place since 1990. 5. The Parties included in Annex I undergoing the process of transition to a market economy whose base year or period was established pursuant to decision 9/CP.2 of the Conference of the Parties at its second session shall use that base year or period for the implementation of their commitments under this Article. Any other Party included in Annex I undergoing the process of transition to a market economy which has not yet submitted its first national communication under Article 12 of the Convention may also notify the Conference of the Parties serving as the meeting of the Parties to this Protocol that it intends to use an historical base year or period other than 1990 for the implementation of its commitments under this Article. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall decide on the acceptance of such notification. 6. Taking into account Article 4, paragraph 6, of the Convention, in the implementation of their commitments under this Protocol other than those under this Article, a certain degree of flexibility shall be allowed by the Conference of the Parties serving as the meeting of the Parties to this Protocol to the Parties included in Annex I undergoing the process of transition to a market economy. 7. In the first quantified emission limitation and reduction commitment period, from 2008 to 2012, the assigned amount for each Party included in Annex I shall be equal to the percentage inscribed for it in Annex B of its aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A in 1990, or the base year or period determined in accordance with paragraph 5 above, multiplied by five. Those Parties included in Annex I for whom land-use change and forestry constituted a net source of greenhouse gas emissions in 1990 shall include in their 1990 emissions base year or period the aggregate anthropogenic carbon dioxide equivalent emissions by sources minus removals by sinks in 1990 from land-use change for the purposes of calculating their assigned amount. 8. Any Party included in Annex I may use 1995 as its base year for hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride, for the purposes of the calculation referred to in paragraph 7 above. 9. Commitments for subsequent periods for Parties included in Annex I shall be established in amendments to Annex B to this Protocol, which shall be adopted in accordance with the provisions of Article 21, paragraph 7. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall initiate the consideration of such commitments at least seven years before the end of the first commitment period referred to in paragraph 1 above. 10. Any emission reduction units, or any part of an assigned amount, which a Party acquires from another Party in accordance with the provisions of Article 6 or of Article 17 shall be added to the assigned amount for the acquiring Party. 11. Any emission reduction units, or any part of an assigned amount, which a Party transfers to another Party in accordance with the provisions of Article 6 or of Article 17 shall be subtracted from the assigned amount for the transferring Party. 12. Any certified emission reductions which a Party acquires from another Party in accordance with the provisions of Article 12 shall be added to the assigned amount for the acquiring Party. 13. If the emissions of a Party included in Annex I in a commitment period are less than its assigned amount under this Article, this difference shall, on request of that Party, be added to the assigned amount for that Party for subsequent commitment periods.

14. Each Party included in Annex I shall strive to implement the commitments mentioned in paragraph 1 above in such a way as to minimize adverse social, environmental and economic impacts on developing country Parties, particularly those identified in Article 4, paragraphs 8 and 9, of the Convention. In line with relevant decisions of the Conference of the Parties on the implementation of those paragraphs, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, consider what actions are necessary to minimize the adverse effects of climate change and/or the impacts of response measures on Parties referred to in those paragraphs. Among the issues to be considered shall be the establishment of funding, insurance and transfer of technology.

This is how emission trading works as far as joint implementation is concerned it requires the States or private parties to develop projects which help to remove green house gases (sinks), there by they can be traded. Clean Development Mechanism requires nations to switch to clean technologies and energy efficient technologies to reduce emissions that have adverse impact on climate change. The compliance is taken care by constituting an enforcement branch and a facilitative branch. The enforcement branch would enforce the Protocol particularly when an Annex I country fails to implement the provisions. The facilitative branch will provide all support such as information, technology etc. for implementation. There are specific consequences within the protocol for non compliance and appeal from enforcement branch decision lies to the COP/ MOP which can reverse the orders provided 2/3 rd members agree to change the order. Action for compliance include not allowing selling credits, make up, submitting action plan etc. The COP would renegotiate for the next commitment periods from 2008 to 2012 and the second commitment period from 2013 to 2017. It was agreed by industrialized States to commit to the reduction five percent against the 1990 level during the commitment period from 2008 to 2012. The major difference between the Convention and the Protocol is that while the convention merely encouraged and influenced the States to reduce emissions kyoto protocol could commit the developed Nations with binding targets. Environment and Economics: The link between environment and economics can be drawn from the fact that economic system essentially utilizes natural resources for production and the process is likely to release pollutants into the nature besides the fact that nature supplies amenities for consumption at a low cost. Economic activity per se has an impact on ecology, resources and development. Hence the concept of sustainable development initially was meant to

be understood as an integration of ecology and environment; however sustainable development was given a broader meaning over a period of time. The study of the impact of economic activity on environment is said to be the environment economics, however this field has grown exponentially and a further division within the broad field emerged as resource economics, ecological economics and environment economics. Resource economics is the study of the impact of economic activity on resource constraint and the optimum utilization of resources to ensure their availability for a wider utilization and the study of economic aspects of renewable and non renewable resources. Ecological economics is the study of the impact of the economic activity on ecology and ecosystem. Environment economics is often refereed to the cost benefit analysis. Environment economics includes the study of the actual impact of economic activity on environment (Positive economics) and the study of the economic policies and practices and their likely impact on environment (Normative economics). Cost benefit analysis is not simple very often actual value is considered than its use value. Cost is determined by supply and demand however for environmental goods there is no control on supply as nature provides it similarly it is difficult to exclude environmental goods from supply. As environmental law is the law that regulates human activity which has an impact on environment most often the economic activity of human beings is regulated by environmental law. Trade and Environment: Trade measure can have impact on environment similarly environmental measure can have impact on trade. The nexus between the two can be understood from the following two examples: Trade measures can have detrimental impact on environment for example it was observed in the case of Indian council for Enviro legal action V Union of India (AIR 1996 SC 1446) that manufacture of H acid is banned in some developed countries but the demand for it still exist in those countries. The demand prompted some manufacturers in developing countries to manufacture these products which led to pollution due to the release of toxic effluents arising from the manufacturing process of these products. Few

districts in Rajasthan are so polluted that ground water in most of the places turned acidic due to the manufacture of H acid. Environment measures have an impact on trade for example in the case before the Environment Measures and International Trade (EMIT) dispute settlement body of General Agreement on trade and Tariff (GATT) a complaint was filed by Mexico on the embargo by United States (US) on import of tuna. US rejected to import the tuna as it contended that Mexico while catching tuna incidentally killed dolphin which is prohibited as per the Marine Mammal Protection Act of United States. This is how environment measure can affect trade. Though this case was decided in favor of Mexico because the EMIT group of GATT felt that US could place embargo if the product is not safe i.e. tuna but cannot place embargo based upon process i.e. method of catching tuna. Environment groups criticized this decision. WTO itself changed its stance in the subsequent cases. The impact of trade measures on environment and environment measures on trade are undisputed. UN General Assembly requested GATT secretariat to submit its report to the negotiating parties of the Stockholm conference on issues pertaining to trade and environment. GATT prepared a report titled Industrial pollution and its impact on trade and it suggested for the creation of group which led to the emergence of Environment Measures and International Trade (EMIT). EMIT group was almost non functional until 1991 when the tuna dolphin dispute was referred to it. GATT however had been unconcerned with the environment issues and it felt that environment measures will be used by States as protectionist measure. Protectionist measure means an excuse which may be used by the States to adopt their own whims and practices in trade regime. They called this new kind of protectionism as green protectionism. GATT during the Tokyo round has come up with the Technical Barriers to Trade Agreement (TBT) which is popularly known as Standards Code, which ensures that states do not use environmental measures or others in the name of technical regulations to hinder free trade. Later in the Uruguay round certain changes were made to TBT besides agreement on SPS (Sanitary and Phyto Sanitary Measures) measures, and including services within it besides also adopting TRIPS and others. The main out come of the Uruguay round also is the setting

up of World Trade Organization (WTO). GATT as such has been a precursor to WTO. The main difference has been that while GATT is only set of agreements WTO is an organization. WTO constituted Committee on Trade and Environment (CTE) in the place of EMIT. Sanitary and Phyto sanitary agreement of WTO ensures that contracting parties may impose sanitary or phyto sanitary measure if they feel that it is injurious to the plant, animal or human health including the wild flora and fauna. This measure must be applied based on international standards for food, feed etc. and the risk must be ascertained. The measure should not be used to hinder free trade but parties must ensure that scientifically ascertained risk and internationally agreed standards are to be considered to impose a measure. The application of these principles and other principles such as Most Favored Nation (MFN) principle and the National Treatment principle hold good even in environment agreements and decisions. However these principles have to be applied in a transparent and fair manner. Most Favored nation is a status confirmed by one state on another which requires that a state cannot apply one standard to one nation and another standard to another nation. For example in the case shrimp turtle case (India, Malaysia, Pakisthan and Thailand V U.S.) US banned import of shrimp from India, Pakistan, Malaysia and few other Asian countries on the ground that the shrimp catching led to the take of sea turtles which are endangered species listed as endangered under US Endangered Species Act 1973. Take means hunting, capture, harassment etc. the countries complained to the dispute settlement body which held that the Sovereign States have the right to protect the environment and impose measures to protect the environment. But in this case US banned import from Asian countries while allowing from Caribbean nations from western hemisphere some time to use technology such as TEDs (Turtle Exclusive Devices) and provided financial aid. So the dispute settlement body held that it is inconsistent with Most Favored Nation (MFN) principle and decided in favor of Asian nations. But it specifically held that it has not decided on whether sovereign nations can adopt effective measures to protect endangered species such as sea turtles. Measures to protect sea turtles would be legitimate under Article XX of GATT

National treatment is a principle under which the nations are required to provide equal treatment to nationals and foreign nationals. For example in Venezuela, Brazil V United States, United States imposed embargo on gasoline supplied by Venezuela on the ground that it did not confirm to standards. Venezuela and Brazil argued that United States imposed different standards for the quality of gasoline supplied by domestic suppliers and different standards to Venezuela and Brazil suppliers. Dispute settlement body of World Trade Organization found fault with the United States and ruled in favor of Venezuela and Brazil as United States action is inconsistent with the principle of National treatment. These two principles are found in most of the WTO agreements and GATT agreements.