Date: 07/-8/2020

LOCATION OF EARTH IN THE SOLAR SYSTEM- SAFE HARBOUR

- There are traces of other planets like earth where life can be sustained.
1. First and foremost thing that makes our life possible on Earth is its location in the solar system.
Lesserrisk, with respect to gravitational tugs.Gamma rays effect is less. Supernovas (collapsing
stars)- less effect on Earth.
2. Sun is a stable and long-lasting star- head of solar system; stability, longevity, and long lasting nature
of earth makes life on earth sustainable. Earth’s distance from sun is third- earth’s orbit- goldilock’s
zone- allows water to stay in a liquid state
3. 6 factors also responsible for life on Earth.
4. Dynamic core- for hosting it we have clouds of gases, dust and radioactive elements which give
dynamic core to human existence.
5. Moon- our own satellite which is a stabilised one. It is beacues of the stability of moon that earth life
sustains. Gravitational pull between earth and moon (full moon- higher tides). The gravitational pull
between earth and sun and earth and moon
6. Ozone layer
Instances which led to the origin of environment protection act-
1. Muse valley, Begium- there was air pollution related act
2. London Smog case, 1952
3. Minamota disease, 1958
4. Yokkuichi asthma- due to air pollution in 1959, hike in number of asthma patients
Resultant enactments:
US Air Pollution Act 1925-1960
Clean Air Act 1958
US Fed Air Pollution
EPA, 1970

Date: 10/08/2020

Since entire Earth is covered with environmental blanket, environment is a global problem. There were
important reasons why it was done at the international level
1. Historically we did certain things; but serious efforts were made after 1972 Stockholm Conference.
1986 Act came later.
2. Rio Conference.

Sustainability- Preserve something for future use.

Envi law also governs inter-relationsip between natural resources and living creatrures.
Envi law is complex. We cannot find everything under one single umbrella legislation. 1986 Act and other
similar Acts cannot be exhaustive in isolation.
2 Principles (Sources):
 1. Common law- developed by courts through judicial precedents
2. Statutory- regulations and by laws made thereunder.
Amalgamation of common law and statutory law.
CONCEPTS:
Start of environmental law- PUBLIC NUISANCE
When we talk about any sort of envi harm, the basic question that arises is whther “public nuisance has been
caused”
Attorney General v. PYA Quaries (1957)- Public Nuisance is a nuisance which is so widespread in range
and or so indiscriminate in effect that it would not be reasonable to expect one to take proceeding on his
responsibility to put a stop to it but that should be taken as the responsibility of the community at large
Interference with common rights of general public
- Numerous cases by MC Mehta
- PIL can be filed. All major cases are filed as PIL.
- Section 268 of IPC:Public nuisance.—A person is guilty of a public nuisance who does any act or is
guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to
the people in general who dwell or occupy property in the vicinity, or which must necessarily cause
injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A
common nuisance is not excused on the ground that it causes some convenience or advantage.
- Locus Standi: how close a person is related when an issue is raised in the court of law. Thus, under envi
law, anyone and everyone has a say. If public at large is being affected, any person can file a petition.
- E.g.- yellowing of Taj Mahal’s marble.
- Burden of Proof: Petitioner has the burden of proof. Substantial proof is not to be given- the petitioner
need not prove beyond reasonable doubt. Prima facie you have to show that some harm is there to public
at large.
Note: There is a difference between public right and easementary right.
Neighbour burning waste near my plot. I may or may not have a problem but my children may have a
problem. A person using that path everyday may have a problem.
- The 3 lists talk about various aspects of environment protection but not environment protection as a
general item. E.g. Forest (17A) wildlife (17B) pop control (21A)- state subjects, 7 th schedule, concurrent
list; water (17), public health, sanitation- State list; atomic energy, fishing in territorial water, etc.- Union
List.

Date: 11/08/2020

The Indian Constitution deals with the environment but it is considered as one of the most polluted
countries. We have environment regulations since the Vedic period. India is amongst the very few countries
who have specific laws for environment protection but it still lags behind in terms of implementing these
legislations.
2 important aspects of environmental law:
(1) Fundamental Norms- fundamental guidelines given by the Court
(2) The division of legislative authority- different items under different lists.
 A. Fundamental Standards
Case law- Tarun Bharat Sangh Alwar v. Union of India (1991)- Sariska Case-
- The petitioner Tarun Bharat Sangh, who was interested in environmental protection, wanted to make
Sariska Tiger Park which is a tiger reserve in Rajasthan, as a reserve forest because many people were
illegally using that area for mining. Tarun Bharat Sangh filed a case for the cause of people in the
Supreme Court of India. After decision of Supreme Court in 1991, the mining was banned in the hills of
Sariska.
- SC had applied a range of principles. It talks about fundamental standards laid down by the SC.
- Duties and responsibilities of the State:
(1) Right to wholesome Environment- Every person enjoys the right to wholesome environment which
is a facet of the right to life guaranteed under Article 21 of the Constitution; Case of Subhash Kumar-
“wholesome environment” – how article 21 is divided.
(2) Enforcement agencies are under an obligation to strictly enforce environmental laws- NRZ
case: strict enforcement of environment norms
(3) Govt agencies may not plead non-availability of funds, inadequacy of staff or other insufficiencies to
justify non-compliance of their obligations under environmental norms.
(4) The ‘polluter pays’ principle, which is the part of the basic environmental law of the land, requires
that a polluter bear the remedial or clean up costs as well as the amount payable to compensate the
victims of pollution.
(5) Precautionary principle- imposes onus of proof on the industrialist or developer to show that their
action is environmentally friendly. E.g. when pollutants are released, they must be treated before
releasing such substances, thus industrialists or developers have to be precautious
(6) Government development agencies ought to give regard to the eco-logical factors like
sustainable development. They are under the obligation to ensure development in a sustainable
manner.
(7) Stringent action ought to be taken against the persons carrying out industrial activities which can
potentially cause environmental harm
(8) Powers conferred under the statute shall be exercised only for furthering the goal of
environment protection and not in such a manner that would defeat the object of law.
(9) State is the trustee of all natural resources which are by nature meant for public use. Public at
large is the beneficiary of these natural assets. They cannot be converted into private ownership. One
cannot enjoy private ownership over them.
- A great American judge emphasising the imperative issue of...... (Read from judgment).

B. Legislative Authority Separation

- Article 246
- Article 248
- Article 249
- Distribution of subjects started from GOI Act, 1935. Entry 56 List I Inter State Rivers and river valley.
- Entry 56 (Regulation and development of inter- state rivers and river valleys to the extent to which
such regulation and development under the control of the Union, is declared by Parliament by law to be
expedient in the public interest) widened the scope of the Union List.
- Entry 17A List III- Forest
- Entry 17B List III- Wildlife
- Entry 20A List III- Pollution Control
- Entry 17 of List II - Water
- Entry 6 List II- Public health and sanitation
- Entry 14 List II- Agriculture
- Entry 18 List II- Land
- Entry 21 List II- Fisheries
- Entry 6 List I- Atomic energy and mineral resources necessary for its production.
- Entry 53 List I- Regulation and development of oilfields and mineral oil resources; petroleum and
petroleum products; other liquids and substances declared by Parliament by law to be dangerously
inflammable.
- Entry 54 List I- Regulation of mines and mineral development in public interest
- Entry 55 List I- Regulation of labour and safety in mines and oilfields.
- Entry 57 List I- Fishing and fisheries beyond territorial waters.

C. 42nd Amendment- Article 51 A(g) was introduced which says that it shall be the fundamental duty
of every citizen to protect and improve the natural environment including forests, lakes, rivers and
wild life, and to have compassion for living creatures;

D. DPSPs
- Sachidanand Pandey v. State of WB (1987)
“Whenever a problem of ecology is brought before the court, the court is bound to bear in mind articles
48A and 51 A(g) of the constitution.........court may go further but how much further will depend on the
circumstances of the case...nice balancing.”
Everywhere the word used is “may”

E. Article 253 read with Entry 13 of Union List - Air Prevention and Control of Pollution Act, 1981
and Environment Protection Act, 1986 were enacted to reach the goal of the Stockholm Conference
1972.
- Article 253: Legislation for giving effect to international agreements Notwithstanding anything in the
foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of
the territory of India for implementing any treaty, agreement or convention with any other country or
countries or any decision made at any international conference, association or other body.
- Entry 13- Participation in international conferences, associations and other bodies and implementing of
decisions made thereat.
- When these are read togehter- the Legislature got the power to enact the above-mentioned legislations to
reach the goals of Stockholm Conference.
FUNDAMENTAAL RIGHTS AND EP
1. Right to Wholesome Environment
- Dehradun Quarrying Case (1988)- illegal limestone mining eco-system affected adversely Rural
Litigation And Entitlement Kendra, Dehradun v. State of UP (1988). Application to SC court treated
the letter as writ petition notice to govt of UP and the Collector raising the concern. After a long battle
in this regard, in August 1988, the final judgment came. Expert committees, interim orders passed, etc,
but none of the orders were adhered to. Environmental aspect was brought under Article 21.
- Subhash Kumar v. State of Bihar (1991)- right to life under Art. 21 includes right to enjoy unpolluted
air and water and if anything endangers quality of life, a citizen has a right to approach the court of law.
- Town Planning case, Virendra Gaur v. State of Haryana (1995)- Article 21 protects the right to life as
FR. Enjoyment of right to live with human dignity encompasses (a) Protection and preservation of the
environment, (b) ecological balance, (c) free from air pollution and water pollution, (d) Sanitation,
without which life cannot be enjoyed.
- It should be regarded as violation of Article 22. It would be impossible to live with human diginity in the
absence of a healthy environment.
- There is a constitutional imperative on the state govt. and the municipalities to promote, protect and
improve both the manmade and their natural environment.
- It touches all aspects of human life.
- After Maneka Gandhi case, there were many interpretations of Article 20. It was interpreted too broadly-
one aspect was wholesome environment
- Other rights related to the environment under Article 21- Right to Livelihood and Right to Equality.

Date: 12/08/2020

- Right to Livelihood
 Olga Tellis Case- Right to livelihood took shape in this case. It was the first case that
substantiated right to livelihood. No connection with the environment but it is important when we
talk about “right to livelihood”.
 Banwasi Seva Aaashram v. State of U.P.- Safeguard tribal forest dwellers who were thrown out
of their forests by NTPS- Rehan Super Thermal Project. NTPC can acquire the forest land only if
it provides certain facilities to the tribal people.
 Narmada Bachao Andolan- Narmada Bachao Andolan is an Indian social movement
spearheaded by native tribals, farmers, environmentalists and human rights activists against a
number of large dam projects across river Narmada, which flows through the states of Gujarat,
Madhya Pradesh and Maharashtra. Sardar Sarovar Dam in Gujarat is one of the biggest dams on
the river and was one of the first focal points of the movement. It is part of the Narmada Dam
Project, whose main aim is to provide irrigation and electricity to people of the above states.
 Coastal road litigation in Mumbai
 Forests and natural resources are important for forest dwellers, tribal people, etc.
 Infrastructure projects
- Right to Equality
 Article 14- Urban environment groups resort to article 14.
 State of Himachal Pradesh v. Ganesh Wood Products (SC, 1996)- sometimes Article 14 is used
to quash arbitrariness of permission given by municipalities. SC held that a decision making
authority must give due rate and regard to ecological factors. Whenever a project is being
sanctioned, firstly we need the permission of the Municipal Corporation. And then we seek
permission from pollution control boards. E.g. of arbitrariness- issuing fake PUC certificates
without legitimate emission testing.
Since natural resources can be used by everybody, giving permission to some will violate the
right to equality of those to whom the permission is not granted
SC held that... a govt. decision that fails to take into account relevant considerations affecting the
environment is invalid
 CRZ Notification case (ICELA- Indian Council for Enviro-Legal Action v. Union of India –
SC 1996)- resources are to be used in such a way that they are preserved for the next generation.
Environmental statutes were enacted to ensure a good quality of life for unborn generations since
it is they who have to bear the brunt of ecological degeneration.
- Right to Freedom of Trade
 Forest dwellers have the right to natural resources that facilitate their trade
 Envi regulation becomes more stringent and industrial challenge to. When we talk about
advancement of economy, when industries are established. In such situation =s there will be more
 violation of envi norms. In such situations, more stringent norms have to bright in . with more
and more advancements and more harm unfolds. E.g. anything theouwn out of the industry must
be treated first. Harsh action- if they don’t obey the order with respect to treatment, then there is
a closure of the industry. When such closure notice is given, they take the defence of “freedom of
trade”.
 19(1)(g)- right to free trade: Abilash Textiles v. Rajkot Municipal Corporation- some ppl were
conducting business of dying and printing. They were issued with a notice that since the outlets
were discharging of dirty water without purifying- no treatment. Public health was being
challenged. Notice given-if they don’t comply with the relevant guidelines, they had to close the
factory to prevent the illegal discharge. Petitioner- since they are running factories for so long 20-
25 years, if outlets are shut the right will be affected and families of workers would suffer. The
Court said that no, there is no freedom of trade at the stake of public health.
 Sushila Somil v. State of Orissa (1995)

Date: 13/08/2020

INTERNATIONAL EFFORTS
Why the concern arose- Earth is the only planet where life is sustainable. Environment problem is a general
and a global problem.
Nature is considered to be a common heritage for mankind. This means that no single person or group of
persons can have a right of their heritage. It is the duty of each human being to take care of this common
heritage.
Pollution is the reason behind failure of protecting environment by human beings.
Steps taken:
1. Many instances before Stockholm Conference
2. Stockholm Conference (1972)
3. Millennial Development Goals and now, Sustainable Development Goals
When we talk about international environmental law, there are 2 aspects which play a very important role-
1. General principles of state responsibility
2. International treaties which control the liberties and duties of state
Important doctrine in relation to international environment law- Principle for preventing pollution: sic
utero tuo ut alienum non laedas- one must use his own right so as not to injure others
Important case laws:
Trials Smelter Case- trans-boundary pollution case involving governments of Canada and US. Canada co.
Smelted zinc and lead which was emitting sulphur dioxide which caused harm to the environment (Flora and
fauna) in Washington. US filed a case against Canada went to international forum polluter pays
principle was applied. The Court while using the above maxim stated that under the principles of
international law –‘no state has the right to use or permit the use of territory in such a manner as to cause
injury by fumes in or to the territory of another or the property or persons therein.’ Thus, as a result of
emission of sulphur dioxide by the Smelters of the Consolidated Mining and Smelting company activities,
Canada was held liable for the damages produced in the state of Washington by pollution, engendered by the
discharge of sulphur dioxide into the atmosphere.
Gut Damn Arbitration- agreement between Canada and United States concerning construction of the Gut
Dam part of which was located on United States territory. The construction of the dam by Canada was
subjected to the condition that: "if the construction and operation of the said dam shall cause damage or
detriment to the property owners of Les Galops Island, or to the property of any other citizens of the United
States, the Government of Canada shall pay such amount of compensation as nay be agreed upon between
the said government and the parties damaged, or as may be awarded the said parties in profer court of the
United States before which claims for damage may be brought."
Lac Lanoqx Arbitration- Agreement between France and Spain. Prior consultation is necessary when any
changes are to be made. The above maxim was applied.
Corfu Channel Case (1949)- The case was concerned with the right of passage of British warships through
the Corfu Channel. In 1946, Albania tried to prevent the British warships from passing through the Channel
by military forces, including laying anti-vessels mines, to prevent their passage. In this case, the Court
concluded that it is "every state obligation not to knowingly allow its territory to be used for acts contrary to
the rights of other States". Accordingly, Albania was held liable for damages caused to the British warship.
MULTILATERAL AGREEMENTS- TERMINOLOGY
(1) Conference: Meetings between a large group of parties. There is discussion with respect to a
common agenda. Interested parties become a part of the discussion and deliberation. For e.g.
Stockholm Conference- it attracted the attention of all entities to take steps to ensure sustainability of
the environment
(2) Summit: Meeting between govt. heads pertaining to certain issues. E.g. Earth Summit
(3) Convention: A convention begins as an international meeting of representatives from many nations
that results in general agreement about procedures or actions they will take on specific topics (e.g.,
wetlands, endangered species, etc.).
Formal meeting between delegates or members of a particular organization which results in a
General Agreement about procedure or actions that they take with respect to specific areas or topics.
E.g. UN Convention on the Rights of the Child- It lays down a full spectrum of civil, cultural,
economic, social, and political rights for children.
(4) Treaty: A treaty is an agreement where the parties to it negotiate to reach common ground and avoid
further conflict or disagreement. It is normally ratified by the lawmaking authority of the government
whose representative has signed it. In the United States, the Senate must ratify all treaties.
A treaty is basically a conclusion and ratification of the agreements which the parties have just
entered into after the convention, for e.g. the Paris treaty/accord.
Sometimes treaties and conventions are used synonymously, for e.g. UN Convention on the Rights
of the Child is regarded as a Human Rights treaty
There are bilateral, multilateral and plurilateral treaties.
(5) Protocol: A protocol is an agreement that diplomatic negotiators formulate and sign as the basis for
a final convention or treaty. The treaty itself may not be completed for many years.
It is a standalone agreement linked to an existing convention or a treaty. E.g. Kyoto Protocol. It may
also modify a treaty. E.g. Adding additional procedures or substantive provisions; Optional Protocol
to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict.

Date: 14/08/2020

STOCKHOLM CONFERENCE
Man has the opportunity to grow in any manner- intellectual or social manner. When we talk about the envi,
tech has changed so much that now we have man-made environment as well. when we wish to enjoy both
the envis, it is the basic human duty to preserrve it
- 1972
- Magna Carta of environment protection and sustainable development- all rights and liabilities flow from
here.
- Meeting that took place between the heads of governments. 26 principles established. Based on the
principle that man is both the creator and modulator of the environment, and sought to work towards the
physical sustenance of the human being.
- 26 Principles enacted.  Two foundational principles:
1. Man has the fundamental right to freedom, equality and adequate condition of life in an environment
of quality that permitted life of dignity and well-being.
2. Man bears the sole responsibility to protect and improve the environment for present and future
generations.
- Some of the important provisions in this regard are Principle 11 (implicit sustainable development),
Principle 21 (state responsibility for transboundary harm), and Principle 22 and 24 (liability rules).
- It was the first time that the international community deliberated upon environmental and SD issues
- Decisions taken during the Stockholm Conference-
(a) Declaration on the human environment
(b) An action plan for the human environment
(c) Resolution on institutional and financial agreements
(d) Resolution condemning nuclear weapons test, especially those carried out in the atmosphere. States
that were indulging such tests were refrained from conducting such test as it was contaminating the
environment.
(e) Decisions taken at the Conference were to be referred to government’s recommendation for action at
national level. (India is a dualist country and so a parliamentary action or legislative action is needed
to incorporate it into the domestic law)
- There were 109 recommendations for the protection and improvement of the human environment.
Stockholm conference was not the only conference; there were a number of other agreements that were
entered into for the protection of the environment. Stockholm Conference was the point where
environment protection and preservation started. It gave rise to many other agreements and the process
gained momentum.
- Focus areas of conference were:
(a) Problems and management of human settlement
(b) Natural resource management
(c) Pollution control management
(d) Socio-cultural Environment
(e) Environment and Development
- 8 major points (crux of 26 principles and 190 recommendations):
(a) Right to protect the environment
(b) Management of natural resources – renewable and non-renewable
(c) Population and policy
(d) Conservation of wild life
(e) Environment and development
(f) Pollution control
(g) Resource planning
(h) Ban on nuclear weapons
- Result of the Conference- At the national and international level, a realization was there that nations
must take up the responsibility of protecting and preserving the environment. As a result of the
Stockholm conference, many national laws were passed in India-
(a) Water Prevention and Control of Pollution Act, 1974
(b) Air Prevention and Control of Pollution Act
(c) Environment Protection Act, 1986
(d) Factories Amendment Act, 1987
- The Stockholm Conference also led to the establishment of the United Nations Environment Programme
(UNEP) in 1972.

BASIL CONVNETION
- The main purpose of the Convention was to check dumping of hazardous waste and the consequential
damage to the environment.
- The Convention was opened for signature on 22 March 1989, and entered into force on 5 May 1992.
- UNGA requested all members to take action to prevent the dumping of such waste.
- Expert Group was set up because the problem was increasing rapidly. The expert group was set up by
UNEP to prepare a convention regarding dumping of toxic waste
- Preamble, 29 articles and 6 Annexure
- It includes hazardous waste, excluding radioactive substances. Regarding radioactive substances there
were already other solutions or agreements.
- There must be a clear cute agreement between import and export countries.
- Transparency clause- countries have to be transparent in their obligations- Timely notification, info
exchange and consultation should be there between the states
- Weakness- no central enforcing agency. It worked through the member countries only.
- By products of the Convention:
(1) Hazardous Waste (Management and Handling) Rules, 1999 amended in 2000
(2) Biomedical Waste (Management and Handling) Rules- under Environment Protection Act, 1986

Date: 17/08/2020

EARTH SUMMIT- check other notes for principles

- 1992- another concrete thing. There were conventions like Basil, etc; but this came into being in a very
concrete form.
- Considered as the largest conference held in connection with environment protection, preservation and
sustainable development. Sustainable development- Meet the needs, not only of the present, but also of
the future generation.
- Major achievements of earth summit
1. Rio Declaration(constitutes of 27 principles along with the preamble);
2. Agenda 21;
3. Principle to support the sustainability of forests;
4. Convention on Climate Change(aims at preventing global climate change) and Convention on
Bio-Diversity(aims at eradicating issues with respect to bio diversity species)
- An action plan of 40 chapters called Agenda 21 was adopted by over 100 Nations. Agenda 21-Outline
for global action towards effective global sustainable development. Blueprint for sustainable
development
- The Earth Summit adopted the ‘Rio Declaration’. Rio Declaration:
 It comprised 27 principles (somewhere they highlight our environmental Act), along with the
Preamble.
 Read Preamble- “new equitable global partnership”; “integral and interdependent nature of the
earth”
 Principle 1- human beings are centre of concern
 Principle 13- state shall dev national law…. Shall also cooperate in an expeditious manner.
Important- how liability is imposed
 Principle 15- to protect environment, there must be a precautionary action,
 “Lack of full scientific certainty”: scientific tools- you cannot take the defense that there is a lack
of such instruments. Before trials smelter case, there was a case where related to ore- there was
huge negative impact on the environment. Another example- use of pesticides on crops-. Once
damage is done, you cannot take the defense of anything.
 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.
 Environmental Impact Assessment is an event or effect, which results from a prior event. It can
be described as the change in an environmental parameter, over a specific period and within a
defined area, resulting from a particular activity compared with the situation which would have
occurred had the activity not been initiated (evaluation of the environment impact; explanation to
be given regarding the impact that was caused). It acts as a national instrument to keep a check
over events that can adversely affect the environment or mass disasters. Everybody should have
the Right to Know what impact a particular event will have and therefore, it covers the Right to
Know aspect as well.
Indian Council for Enviro Legal v. Union of India and Ors (1996)
Vellore Citizens Welfare Forum v. Union of India and Ors (1996)
 (give a read to all the principles)

KYOTO PROTOCOL

- The Kyoto Protocol is an international treaty which extends the 1992 United Nations Framework
Convention on Climate Change (UNFCCC) that commits state parties to reduce greenhouse gas
emissions, based on the scientific consensus that (part one) global warming is occurring and (part two) it
is extremely likely that human-made CO2 emissions have predominantly caused it.
- The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997 and entered into force on 16
February 2005. There are currently 192 parties (Canada withdrew from the protocol, effective December
2012) to the Protocol.
- Basic principle- Common but differentiated responsibility and respective capabilities
- Climate change conference 2004- UNFCCC’s conference. There was one agenda- need to adapt to the
consequences of inevitable climatic changes. Developed and developing countries will have to control
their temperatures.

MONTREAL PROTOCOL
- The Montreal Protocol is an international treaty designed to protect the ozone layer by phasing out the
production of numerous substances that are responsible for ozone depletion.
- Countries agreed to an accelerated phase-out schedule for hydro-chloro-fluoro-carbons (HCFCs).
- It was agreed on 16th September 1987, and entered into force on 1st January 1989. Since then, it has
undergone nine revisions.
- As a result of the international agreement, the ozone hole in Antarctica is slowly recovering.

Homework:
- SDGs and how they are different from MDGs.
- Read the 2 cases under Environment Impact Assessment
- Madison v. Duck Town Sulphur Companies
- Georgia v. Tennessee Copper Company
- Commonality between tort law and environmental law.

Date: 18/08/2020

WORLD CHARTER OF NATURE- check notes

It talks about the code of conduct for prt and pres of global natural habitat and resources

Social and economic development cannot happen w/o taking the natural system in account

5 Principles on Conservation (by these principles all human conduct affecting the nature shall be guided and
judged):
1. Nature shall be respected and its essential processes shall not be impaired
2. Genetic viability on the earth shall not be compromised- pop levels of all should be sufficient for
their survival and to this end necessary habitat shall be safeguarded- everyone in the eco system is
important
3. All the areas of Earth, both land and seas, shall be subject to these principles of conservation. Special
emphasis shall be given to unique areas to representative samples of all the different types of eco
system and to the habitat of rare or endangered species.
4. Eco system and organisms including land, marine and atmospheric resources which are utilized by
man shall be managed to achieve and maintain optimum sustainable productivity, but not in such a
way as to endanger the integrity of those other eco systems or species with which they co-exist.
5. Nature shall be secured against degradation caused by warfare or other hostile activities.

Nature has certain rights and those rights must be respected. Humans cannot treat nature’s property as their
own and do whatever they like with it.
Commodification of nature who has the right to sell pieces of nature, for e.g. portions of moon, islands,
purchase of islands by celebrities. Thus, this charter emphasizes that human activities and development must
not interfere with the ability of the eco-system to absorb their effect to regen their natural cap, to thrive and
evolve, and requires that those responsible, including corporate actors, be helf fully accountable for negative
impact on the earth system.

Harmony with Nature  Mankind is a part of nature and life depends on the uninterrupted functioning of
natural system which ensures supply of energy and nutrients.
- Humans are trying to exploit the nature as if they are sole owners of the nature. The charter propounds
that human beings are part of the nature and not above it.

BRUNDTLAND REPORT- THEME: OUR COMMON FUTURE

- Post Stockholm concerns for the environment continued to grow. There was widespread deforestation,
industrial pollution and environmental degradation. The ozone hole, the warming of the earth, increased
carbon dioxide in the environment all added to the growing environmental concerns. This report is aimed
at tacking these problems.
- UN General Assembly, in 1983, established an environment expert group i.e. “World Commission on
the Environment and Development” or as it is commonly referred to as the “Brundtland Commission”.
That group worked on the issue of global warming and depletion of ozone layer. They also worked
towards raising living standards of people.
- The Brundtland Commission Report – ‘Our Common Future’ in 1987 defined ‘Sustainable
Development’ for the first time. Sustainable development means development that meets the needs of
the present without compromising the ability of future generation to meet their own needs.
- Focus Areas
1. Sustainable development
2. Role of international economy, population and human resources
3. Food security
4. species and eco system
5. Energy
6. Industry
- The report established the UN Program of Action on Sustainable Development and laid down the
foundation for Rio Summit, 1992, in which ultimately, the UN Commission on Sustainable Development
was established.

RIO DECLARATION 1992

- Twenty years after Stockholm, the United Nations Conference on Environment and Development was
held in Rio de Janeiro in 1992. ‘The Earth Summit’, as it was called adopted the ‘Rio Declaration’ and
an action plan of 40 chapters called Agenda 21 was adopted by over 100 Nations.
- Agenda 21: all the future conferences in the context of environment protection were for the fulfillment of
the SDGs and the Agenda 21. It was geared towards achieving Sustainable Development in the 21st
century.
- The ‘Rio Concept’ can be summarised as:
1. Equal consideration of environment, society and economy;
2. Intergenerational solidarity keeping in mind the needs of the future generations;
3. A global consensus and political commitment at the national and international levels;
4. Involvement of the Non-Government Organisations (NGOs);
5. Provides a blueprint for the governments to attain a balance between the environment and the
needs of the population; and
6. A Commission on Sustainable Development (CSD) was established to follow up the Rio
agreements, and it monitors the agreements of the Earth Summit at the local, national, regional
and international levels
WORLD SUMMIT 2002 (Johannesburg)
 A ten year review of the progress of the ‘Earth Summit’ was held in 2002 by the World Summit
on Sustainable Development (WSSD).
 The WSSD was held in Johannesburg, South Africa.
 Whenever conferences take place, a follow up exercise is usually undertaken. Similarly World
Summit was a progressive conference as it examined the progress that was achieved as a result of
the Rio Declaration of 1992.
 It urged the Nations to make progress in the formulation and implementation of strategies for
sustainable development and to begin implementing them by 2005.
 It was based on principle 1 of Rio Declaration 1992
 Health is not only the resource but it is also an outcome of sustainable development.
 Main focus - Agenda 21.
 Main focus areas:
1. Poverty
2. Health
3. Energy
4. Technology
5. Water quality and availability
6. Oceans and fisheries
 All of the above were in direct relation to the environment
 With respect to water and sanitation, the governments agreed to half the number of people who
do not have access clean drinking water. This was the most important goal that was achieved in
the aftermath of this summit
  Agreement between the government for access to affordable energy to the poor
 With respect to the issue of global warming, the agreement referred that there is a need to ratify
the Kyoto Protocol.
 With respect to bio-diversity and natural resources, it was held that there was an agreement
between the nations that by 2010 the rate at which extinction of rare plants and animals is
occurring should be cut down.
 To restore fisheries to their maximum sustainable yields by 2015.
 To establish a network of marine protected areas by 2012.
 To improve the developing countries’ access to environmentally sound alternatives to ozone
depleting chemicals by 2010.
 With respect to health, this summit was basically based upon Principle 1 of Rio Declaration-
women’s health and service. An agreement was entered which recognized that access to health
care be consistent with human rights and cultural and religious values.
 The countries agreed to phase out, by 2020, the use and production of chemicals, that harm
human health and the environment.

MILLENIAL DEVELOPMENT GOALS- check notes and websites

- In September 2000, leaders of 189 countries gathered at the UN and they signed the millennial
declaration in which they committed to achieving a set of 8 measurable goals.
- Target year- 2015
- 8 MDGs:
1. Eradicate extreme poverty and hunger
2. Achieve universal primary education
- 7th goal talks about the environment
- Bill gates- MDGs have become a report card for the fight against poverty
- As described by Bill Gates, the MDGs have become a type of global report card for the fight against
poverty for the 15 years from 2000 to 2015. As with most report cards, they generate incentives to
improve performance, even if not quite enough incentives for both rich and poor countries to produce a
global class of straight-A students.

RIO DECLARATION 2012

20 to 22 June

- It resulted in a document which contains measure for implementing sustainable development.

- The members decided to develop a set of SDGs- they were built upon MDGs. They furthered the goals
of MDGs.
- Adoptions-
1. Guidelines on the Green Economy Policy
 2. Governments decided to establish an inter-governmental process under the UNGA to prepare the
strategy for sustainable development financing
3. Governments also agree to strengthen the UNEP (UN Environment Program)
4. Governments agreed to establish a high level political forum for sustainable development
5. Governments also requested the UN Statistical Commission (UNSC) in consultation with the UN
System Entities and other relevant organizations to launch a program of work in the area of measures
of progress to complement gross domestic product in order to implement policy decisions in a better
way
6. Governments also adopted the 10 year framework of programs on sustainable consumption and
production patterns
7. The conference also took forward decisions on a number of thematic areas including food, security,
energy, oceans, etc.
8. The Rio 2012 conference also galvanized the attention of a number of reps of UN and other major
groups which resulted in number of voluntary commitments creating new partnership to advance
sustainable development.

Date: 20/08/2020

SUSTAINABLE DEVELOPMENT GOALS- check notes and websites

- From 8 goals under MDGs we moved on to 17 goals.

- Fulfillment by 2030.
- Goal 1 of SDG can be split into the first 2 goals of
- Goal 1: To end poverty in all form from everywhere. Earlier it was to halve the number of poor people.
This goal was about ending poverty in all forms.
- Goal 2- end hunger, achieve food security, improve nutrition and promote sust agri PDS, Mid-day
meals scheme, National Food Security Act 2013 in India
- 3- ensuring Healthy lives and promote well being at all ages of life
- Inclusive and equitable quality Education; life long learning
- Gender equality and women and girls empowerment
- Sust mgt of water and sanit
- Energy for all
- Eco growth, employment
- Resilient infra, promote inclu… and foster innovation
- Goals 6, 7, 11, 12, 13, 14, 15
- Main Diffrences (go to the online link- https://www.publichealthnotes.com/mdgs-vs-sdgs-17-
differences/):
 1. Formation: MDGs were created by a group of experts. SDGs focused on multilateralism
2. MDGs mainly focused on developing countries. SDGs included both developed and developing
countries.

PARIS AGREEMENT- check notes

It is considered as the last landmark agreement.

We adopted in 2015 and implemented in 2016

(1) Climate change

(2) Negative impacts on the mankind
(3) Reduction of green house gas emissions.

The agreement aims to substantially reduce global greenhouse gas emissions, in an effort to limit global
temp increase in this century to 2 degree Celsius above pre-industrial level while pursuing means to limit the
increase to 1.5 degrees.

Kyoto protocol they focus on percentage of emission, no “degree Celsius” mention. Simply talk about
emission control. Paris agreement specifically deals with to what degree the mission was to be controlled.

3 main aims-

1. To limit global temperature rise by reducing greenhouse gas emissions

2. To provide a framework for transparency, accountability and the achievement of more ambitious
targets
3. To mobilize support for climate change, mitigation and adaptation in developing nations

Difference between Kyoto Protocol and Paris Agreement-

- Kyoto Protocol- It establishes legally binding emission reduction targets which include penalties for
non-compliances for developed nations only, on the other hand Paris agreement requires all the countries
to take efforts for reduction of greenhouse gas emissions. There is more flexibility in the case of Paris
Agreement. Nations can voluntarily set their own targets and there are no penalties if they fall short of
the targets.
- Paris agreement focuses on the monitoring reporting and re-assessing of either the individual or
collective targets of the countries. Further, the agreement also sets forth the requirement under which
countries have to set targets for the next period.
- Under the Kyoto Protocol, after every 5 years they have to monitor how much of the target is achieved
and how much is yet to be achieved.

Homework- discuss on sustainable development and CSR- Indian perspective

 SUSTAINABLE DEVELOPMENT AND CORPORATE SOCIAL RESPONSIBILITY- check notes

What is social responsibility with respect to an organization or corporation?

- The impacts of its decision and activities on society and environment through transparent and ethical
behavior that is consistent with sustainable development and welfare of society.

In 2011, the Office of UN High Commissioner for Human Rights issued a 3-pillar framework for corporate
entities to ensure that they respect and regard the human rights of others and meet the sustainability
criterion-

(1) Protect- States have a duty to protect against human rights abuses by third parties including business
enterprises through appropriate policies, regulations and adjudication.
(2) Respect- corporate entities have a responsibility to respect human rights of others including acting
with due diligence to avoid violation of other rights as well as to address the adverse impacts with
which they are involved.
(3) Remedy- There is a need for greater access to remedy for victims of business or corporate related
abuse, both judicial and non-judicial remedies

In the case of G. Sundarajan v. Union of India, the Supreme Court observed that there is a close relation
between CSR and sustainable development- “Sustainable development and CSR are inseparable twins,
integrated in the principle of inter-generational equity, not merely human centric, but eco-centric.” The
Supreme Court further observed- “CSR is envisaged as a commitment to meet its social obligation by
playing an active role to improve the quality of life of the communities and stakeholders on sustainable
basis, preferably in the project area where it is operating.”

In this case, a nuclear power plant was set up in the Kundakulam district of Tamil Nadu.s ince it was a
nuclear power plant, people residing in the nearby locality argued that there will be adverse impact due to
the radiations emitted out of the plant. With respect to the consequences of this power plant, this PIL was
filed. The Court ordered that CSR fund must be created nad it must be utlised for different areas to help the
public in education poverty alleviation, etc. CSR must be used to meet social obligations.

Banwasi Seva Aashram v. State of U.P.- thermal power plant shall provide land to those who get displaced
and other facilities which are considered as basic amenities. Sustainability is intertwines with the concept of
CSR.

Bhopal Gas Leak Case

UCC v. Union of India (1991)

2 basic concepts in relation to the approach which has changed

When we talk about the environment, we observe how are approach has changed since the ancient times
(dharma). Human being at the centre human is not at the centre but a part of the nature  shift from
anthropocentric approach to eco-centric approach.

As per anthropocentric approach, human beings are kept at centre and all the other things revolve around the
human beings. If we look at Stockholm declaration or Rio declaration, it is said that people are at the centre
of sustainable development. (Principle 6 of the Rio Declaration, 2012). This collates with the
anthropocentric approach.