DHARMASHASTRA NATIONAL LAW UNIVERSITY, JABALPUR, M.P.

ENVIRONMENT LAW PROJECT WORK ON STOCKHOLM CONFERENCE:

RELEVANCE AND IMPACT

SUBMITTED BY SUBMITTED TO

AMAN USMANI Dr. VEENA ROSHAN JOSE

BAL/010/18 (Assistant Professor of Law)

Ms. AREENA ANSARI

(Assistant Professor of Law)

 ACKNOWLEDGEMENT

I have taken efforts in this project. However, it would not have been possible without the kind
and support of many. I would like to extend my sincere thanks to all of them.

I would also like to thank Vice Chancellor sir Mr. Balraj Chauhan for providing me the
appropriate environment for completing the project.

I am highly indebted to Dr. Veena Roshan Jose & Ms. Areena Ansari for their guidance and
constant supervision as well as for providing necessary information regarding the project and
also her support in completing the project.

I would also like to thank for my mentor Mr. Ashutosh Singh who helped me in developing the
project.

Last but not the least I would like thank my parents and friends who provided me support to
complete the project

-AMAN USMANI
 INTRODUCTION

The evolution of environmental issues on the agenda of International Institutions can be better
understood by dividing the post war periods into three periods defend by two major land mark
meetings the United Nations Conference on human environment, which was convened in
Stockholm in June, 1972 and United Nations Conference on Environment and Development
(UNCED), otherwise known as ‘Earth Summit’, which was held in Rio de Janeiro in June, 1992.
Although United Nations Charter does not explicate mention the environmental or conservation
resources, the U.N. convened its 1st environmental conference in 1949 and hosted many
negations prior to the Stockholm in 1972. Concerned with transboundary pollution, particularly
in the form of acid rain, Sweden in 1968 proposed an international conference to address
global environmental problems. In announcing the 1972 UN Conference on the Human
Environment in Stockholm (the “Stockholm Conference”), the UN General Assembly stated
that the “main purpose” of the conference was to serve as a practical means to encourage and
provide guidelines for action by Governments and international organizations designed to
protect and improve the human environment 1. The UN General Assembly stated that the
conference should endeavor to promote and advance guidelines for action by Governments and
international organizations to remedy and prevent impairment of the environment, by means of
international cooperation, while taking into consideration the particular importance of enabling
developing countries to forestall occurrence of such problems.

The first or Pre-Stockholm era extends to 1948, the year in which the UN General Assembly
adopted a resolution to convene the Stockholm conference 4 years later. However, the
Stockholm declaration was not the first step in the International efforts in the protection of the
Environment. There were several other steps taken by the U.N. from time to time, i.e., prior to
1968. However, these steps were in piece meal manner and the outer peace treaty, 1966 etc.

1
UN Conference on the Human Environment.:. Sustainable Development Knowledge Platform
Sustainabledevelopment.un.org. (2020). UN Conference on the Human Environment.:. Sustainable Development
Knowledge Platform. [online] Available at: https://sustainabledevelopment.un.org/milestones/humanenvironment
[Accessed 16 Feb. 2020]
The second or the Stockholm era, spans 2 decades from 1968 to 1987. It encompasses the 1972,
Stockholm conference, including the extensive array of precautionary meetings in the years
preceding it, as well as the implementation of its recommendations over the following decade.

The Stockholm conference became the prototype for spate of major world conferences,
sometimes referred to as, ‘Global town meetings’, which focused worldwide attention on
International issues. In 1989, the United Nations adopted the ‘Basel convention on the controls
of Transboundary Movements of hazardous wastes and their disposal’s, 1989, which is aimed at
controlling improper treatment of hazardous wastes and mitigate the damages arising out of
Transboundary movements and disposal of such wastes.

In 1972, U.N. also adopted the ‘convention’ for the Protection of World cultural and natural
heritage, 1972. The conduct of hostilities does not relieve states of their responsibilities to the
environment. The 1977 convention, on the prohibition of Military or any other hostile use of
environmental modifications techniques and protocol 1 of the 1980 conventional weapons treaty
prohibits mode of warfare having a severe and long-term effect on the environment and requires
respect to be shown for the natural environmental and its protection from severe wide spread and
lasting damage2. Even in UNCLOS, 1982 reference was made to the general obligation to protect
and preserve the environmental lay down in article 192. In 1982, U.N. also adopted another
convention on conservation of marine living resources.

Pre-Stockholm Era (Prior to 1968)

The Stockholm declaration adopted by U.N. in 1972 was considered as first step in the
International efforts on the protection of the environment. But in fact, there were several other
steps taken by U.N. prior to 1968. However, these steps were in piece-meal manner. One of
those steps was the adoption by the U.N. of the ‘Universal declaration of Human Rights, 1948’.
Philippe sands pointed that, prior to the establishment of U.N. in 1945; there was no International

2
Stockholm: Birth of the green generation
BBC News. (2020). Stockholm: Birth of the green generation. [online] Available at:
https://www.bbc.com/news/science-environment-18315205 [Accessed 16 Feb. 2020]
forum in which to raise Environmental issues3. The failure of the League to prevent World War
II, the perceived need was for the charter to remedy those of the League’s deficiencies that there
were thought to have contributed to that failure together with the violation of human rights that
had occurred in the course of these events. Moreover, there was no consciousness in 1945, of any
need to protect the environment, except on ad hoc basis outside the U.N. The U.N.O. declared
the ‘Universal declaration of human rights, in 1948 in which it recognized the right to live,
dignity of every human being, and to live with the pure environment, equal rights etc. although
the UN charter does not explicitly mention the environment or conservation of resources, the
U.N. convened its first environmental conference in 1949 and hosted many negotiations prior to
the Stockholm conference in 19724. In the year 1966, the U.N. adopted unanimously, ‘The
Treaty of principles governing the activities of the states in the exploration and use of outer space
including the Moon and the other celestial bodies. It was known as the ‘Outer Space Treaty’, the
object of which is to keep the outer space free from environmental pollution. It prohibits
throwing of Nuclear Wastes, chemicals etc., into the outer space.

Stockholm Era (1968-1987)

International guidelines for protecting the environment have been laid down in a host of legally
non-binding international instruments adopted by U.N. Conference or bodies. The principal one
is the ‘Stockholm declaration’ passed by 1972, U.N. conference on human environment. The
U.N. Conference on the human environment held at Stockholm from June 5 to June 16, 1972
may rightly be reckoned as the first major attempt to solve the global problems of conservation
and regulation of human environment by international agreement on a universal level. It
mobilized and concentrated the attention of the international cooperation for environment
conservation. In the conference 113 states were participated, including India and accepted the
declaration. The declaration on the human environment is contained in Section I of the report of
the United Nations Conference on the human environment is one of the most significant
3
The importance of the Stockholm Conference to the creation of International Environmental Law
takyiawprempeh. (2017). The importance of the Stockholm Conference to the creation of International
Environmental Law. [online] Available at: https://takyiawprempeh.wordpress.com/2017/01/22/the-importance-of-
the-stockholm-conference-to-the-creation-of-international-environmental-law-2/ [Accessed 16 Feb. 2020].

4
International Legal Material, 1974 P. 352.
achievements of the U.N. Conference on the human environment, 1972. Starke has compared it
with the universal declaration of human rights5, 1948 and says that it “was essentially a
manifesto, expressed in the form an ethical code intended to govern and influence future action
and programmers, both at the national and international levels”. The declaration on the human
environment is divided in two parts - first part proclaims seven truths about man in relation to his
environment and contains general observations such as those men is both creature and molder of
his environment which gives him physical substance and affords him the opportunity for
intellectual, moral, social and spiritual growth; the protection and improvement of the human
environment is a major issue which affects the well-being of peoples and economic development
throughout the world6. It is the urgent desire of the peoples of the whole world and the duty of all
governments in the developing countries. Most of the environmental problems are caused by
under-development, the natural growth of population continuously, presents problems on the
preservation of the environment and adequate policies and measures as appropriate, and to face
these problems; and a point has been reached in history when we must shape our actions through
the world with a more prudent case for their environmental consequences. The part II of the
Declaration on the human environment enunciates 26 principles. These principles provide the
basis of an international policy for the protection and improvement of the environment. The
object of the Stockholm declaration was to pass our mother earth to the coming generations in
clean and healthy conditions7. A wave of public concern about the environment led by NGO’s in
Europe and North America began building during the late 1960’s and peaked during the early
1970’s i.e., during Stockholm era.

Some of the important principles relating to environmental protection in the Stockholm

declaration are as follows: -

1. Human rights must be asserted, apartheid and colonialism condemned

2. Natural resources must be safeguarded
3. The Earth's capacity to produce renewable resources must be maintained
5
Brisman, A. (2011). Stockholm Conference, 1972. Encyclopedia of Global Justice, pp.1039-1040.
6
Declaration of the United Nations Conference on the Human Environment - Main Page
Legal.un.org. (2020). Declaration of the United Nations Conference on the Human Environment - Main Page.
[online] Available at: https://legal.un.org/avl/ha/dunche/dunche.html [Accessed 16 Feb. 2020].
7
Encyclopedia Britannica. (2020). United Nations Conference on the Human Environment. [online] Available at:
https://www.britannica.com/topic/United-Nations-Conference-on-the-Human-Environment [Accessed 16 Feb.
2020].
 4. Wildlife must be safeguarded
5. Non-renewable resources must be shared and not exhausted
6. Pollution must not exceed the environment's capacity to clean itself
7. Damaging oceanic pollution must be prevented
8. Development is needed to improve the environment
9. Developing countries therefore need assistance
10. Developing countries need reasonable prices for exports to carry out environmental
management
11. Environment policy must not hamper development
12. Developing countries need money to develop environmental safeguards
13. Integrated development planning is needed
14. Rational planning should resolve conflicts between environment and development
15. Human settlements must be planned to eliminate environmental problems
16. Governments should plan their own appropriate population policies
17. National institutions must plan development of states' natural resources
18. Science and technology must be used to improve the environment
19. Environmental education is essential
20. Environmental research must be promoted, particularly in developing countries
21. States may exploit their resources as they wish but must not endanger others
22. Compensation is due to states thus endangered
23. Each nation must establish its own standards
24. There must be cooperation on international issues
25. International organizations should help to improve the environment
26. Weapons of mass destruction must be eliminated

Constitution of India and Global Impact on Indian Environment Legislation-

Indira Gandhi the then Prime Minister of India was inspired by the provisions regarding
the protection of the environment and incorporated it into the 42nd Constitutional
Amendment Act passed in 1976. This appears as Article 48-A in the Chapter on Directive
Principles of State Policy, which reads as below8:

8
The Stockholm Declaration 1972 and India - Syskool
Syskool. (2018). The Stockholm Declaration 1972 and India - Syskool. [online] Available at:
https://syskool.com/stockholm-declaration-1972-india/ [Accessed 16 Feb. 2020]
“It shall be the duty of every citizen of India to protect and improve the natural environment
including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

Environmental law is an instrument to protect and improve the environment and to control or
prevent any act or omission polluting or likely to pollute the environment. The decision of
legislative authority has vital role to play in dealing with the environmental problems. This is due
to the reason that some environmental problems like drainage, sewage, public health, etc, can be
effectively dealt with at the local level whereas others like water management, forest
management and wild life protection are best handled at the central level.

Originally, the Constitution of India did not contain any specific provision for the protection and
promotion of the environment. However, in 1976, the Constitution (Forty-Second Amendment)
Act was passed which expressly incorporated specific provisions for environmental protection
and improvement in the form of Fundamental Duty and Directive principle of state policy. The
forty-second amendment of the Constitution was adopted in response to the Stockholm
Declaration adopted by the UN Conference on Human Environment in 1972. The Stockholm
Declaration, inter alia, clarifies that man has fundamental right to freedom, equality and adequate
conditions of life in an environment of quality that permits life of dignity and well-being.
Accordingly, the Declaration emphasizes that man bears solemn responsibility to protect and
improve the environment for present and future generations. After the 1976 amendments, the
Directive principles of state policy and the Fundamental Duties chapters of the constitution of
India explicitly enunciate the national commitment to protect and improve the environment.

Environmental Legislative Machinery The legislative relations between the Union and the States
are governed by Part XI of the Constitution of India. Article 246 of the Constitution makes
division of the legislative areas between the Union and the States with reference to the three lists
in the seventh schedule to the Constitution. Article 46 provides that the Parliament has the
exclusive power to make laws for the whole or any part of India with respect to matters
enumerated in List I (Union list) containing 97 subjects (Annexure I). List I, inter alia, includes
regulation and development of oil filed, mines and mineral development and interstate rivers.
Article 246 further provides that the State legislature has the exclusive power to make laws for
such State or any part thereof with respect to matters enumerated in List II (State List) (Annexure
II) comprising of 66 subjects. List II, inter alia, includes public health and sanitation, agriculture,
water supplies, irrigation, drainage and fisheries. Furthermore, under Article 246, both
Parliament and the State legislature have the power to make laws with respect to mattes
enumerated in List III (Concurrent List) (Annexure III) comprising of 52 subjects which, inter
alia, includes forests, protection of wild life, etc.

Some of the important legislations for environment protection are as follows9:

 The National Green Tribunal Act, 2010

 The Air (Prevention and Control of Pollution) Act, 1981

 The Water (Prevention and Control of Pollution) Act, 1974

 The Environment Protection Act, 1986

 The Hazardous Waste Management Regulations, etc.

9
Environment Laws In India
Mondaq.com. (2020). Environment Laws In India. [online] Available at:
https://www.mondaq.com/india/Environment/624836/Environment-Laws-In-India [Accessed 16 Feb. 2020].