DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY

VISAKHAPATNAM, A. P., INDIA.

PROJECT TITLE:

CLIMATE CHANGE AND GLOBAL WARMING – A STUDY WITH RESPECT TO

THE INTERNATIONAL ENVIRONMENTAL LAW.

SUBJECT:

ENVIRONMENTAL LAW

NAME OF THE FACULTY:

DR. K. SUDHA

NAME OF THE STUDENT:

KODURI LAKSHMI PRAHARSHITHA

ROLL NO:

2017038

SEMESTER – V

SECTION – A

1
ACKNOWLEDGMENT:

“I am highly indebted to my professor, DR. K.SUDHA for giving me a wonderful opportunity to

work on the topic: “CLIMATE CHANGE AND GLOBAL WARMING – A STUDY WITH
RESPECT TO THE INTERNATIONAL ENVIRONMENTAL LAW.”, and it is because of
his excellent knowledge, experience and guidance, this project is made with great interest and
effort . I would also like to thank my seniors who have guided my knowledge of doing research
on such significant topic. I would also take this as an opportunity to thank my parents for their
support at all times. I have no words to express my gratitude to each and every person who have
guided and suggested me while conducting my research work”.

2
SYNOPSIS:

INTRODUCTION:

The whole climate of the world is changing regularly because of the increasing global warming
by the natural means and human activities. All the changes have an enormous impact on the
people’s lives and ecosystems. The average global temperature has been raised by 1 degree in the
last 30 years.It has been reported by the Intergovernmental Panel on Climate Change (IPCC) that
average global temperature can be raised by 2 to 8.6 degrees F by 2100. The rate in increasing
global temperature is because of the increasing emissions of heat-trapping gases called green
house gases in the atmosphere. Legal efforts to address climate change, which is caused
by emission of greenhouse gases, started at the international level with the 1992 United Nations
Framework Convention on Climate Change, but have struggled to take root in the United States
at the federal, regional and state levels.The Intergovernmental Panel on Climate Change(IPCC)
drew international attention to climate change in its 1990 Assessment Report, where it reported
that increases in greenhouse gas (GHG) emissions were causing substantial warming of the
Earth’s surface beyond what would naturally occur.

RESEARCH OBJECTIVE:

To study the concept of “Climate change and the consequential global warming” , their origin,
History and development with respect to international environmental law, legal framework-both
domestic and international along with relevant case law and to study the cause –effect cycle to
draw social and legal solutions to these burning international concerns.

RESEARCH QUESTIONS:

 Whether the current Climate change regulation efforts (mitigation mechanisms, impact
assessments, compensatory mechanisms and penal provisions) and Climate change
adaption measures sufficient in terms of global warming reduction and the climate
change governance.
 Whether the wide variety of measures and strategies have been suggested to countries to
mitigate Global warming by the United Nations Organisation by the virtue of various

3
 treaties and conventions and protocols are being complied and whether the domestic
implementation is being carried on or not.

RESEARCH METHODOLOGY:

The present study is a doctrinal and analytical study based on the critical review of both primary
and secondary sources. Secondary and Electronic resources have been largely used to gather
information and data about the topic. Books and other references have been primarily helpful in
giving this project a firm structure. Websites, dictionaries and articles have also been referred.

MODE OF CITATION:

 Mode of citation is Bluebook (19th ed.)

LITERATURE REVIEW:

 “Fourth Assessment Report of the Intergovernmental Panel on Climate Change”, 2007.

M.L. Parry, O.F. Canziani, J.P. Palutikof, P.J. van der Linden and C.E. Hanson (eds)

The report unequivocally dealt with the study on those human activities which are causing an
increase in GHG concentrations. According to the article, the global increases in carbon dioxide
concentration are due primarily to fossil fuel use and land use change, while those of methane
and nitrous oxide are primarily due to agriculture. The U.S. government reports concur with this
assessment.

 “ Abrupt Climate Change: A Report by the U.S. Climate Change Science Program and
the Subcommittee on Global Change Research”,2013. Clark, P. U.; Weaver, A.J.; Brook,
E.; Cook, E.R.

The article explains how mitigation of and adaptation to climate change are two complementary
responses to global warming. It says successful adaptation is easier if there are substantial
emission reductions. According to it,many of the countries that have contributed least to global
greenhouse gas emissions are among the most vulnerable to climate change, which raises
questions about justice and fairness with regard to mitigation and adaptation

4
  "Atmospheric Aerosols and Their Role in Climate Change: Observed Impacts on Planet
Earth”,2016 . Haywood.K, Jim.L, Letcher.O, Trevor M.

The article focuses on the development of the climate change movement. The climate movement
It explains the various forms and the dimensions of the climate movement.In response to
perceived inaction on climate change, a climate movement is protesting in various ways, such as
by fossil fuel divestment, worldwide demonstrations, and a school strike for climate Mass civil
disobedience actions by Extinction Rebellion and Ende Gelände have ended in police
intervention and large-scale arrests .

SCOPE OF THE PROJECT:

The paper deals with Climate change regulation efforts- both precautionary and curative
(mitigation mechanisms, impact assessments, compensatory mechanisms and penal provisions)
and Climate change adaption measures for the purpose of global warming reduction and the
climate change governance. Also the wide variety of measures and strategies that have been
suggested to countries to mitigate Global warming by the United Nations Organisation by the
virtue of various treaties and conventions and protocols and their domestic implementation and
municipal adaptation is being studied. In this regard the International Initiatives such as
the United Nations Framework Convention on Climate Change (UNFCCC) -1992 ,The Kyoto
Protocol – 1997 etc. were explained in this regard.

SIGNIFICANCE OF THE PROJECT:

The paper studies and emphasizes the efforts to address climate change and global warming
issues by focussing on the implementation of various laws( the conventions and treaties in this
regard ) dealing with the greenhouse gas emission reduction, also known as mitigation. The
paper signifies that the adaptation to climate change is also an important aspect of climate
change governance. The federal, state and local governments have to recognize the importance
of planning for a changing climate and the effects it will have on public health, the environment,
and the built environment.

5
CONTENTS:

1. INTRODUCTION……………………………………………………………………….7
2. THE PROS AND CONS OF GLOBAL WARMING AND THE CONSEQUENTIAL
CLIMATE CHANGE PHENOMENA……………………………………………….8
2.1THE GREN HOUSE EFFECT
2.2 THE SEA-LEVEL RAISE
3. THE MITIGATION MACHINERY AT THE INTERNATIONAL LEVEL………12
4. THE PRE-KYOTO PROTOCAL ERA……………………………………………...15
5. THE KYOTO PROTOCOL, 1997---LAW ON GLOBAL WARMING AND
CLIMATE CHANGE…………………………………………………………………17
6. POST KYOTO PROTOCOL ERA…………………………………………………..18
7. THE UN SUMMIT,2019……………………………………………………………...20

8. JUDICIAL DECISIONS ON CLIMATE CHANGE JURIPRUDENCE………….21

9. LEGAL REGULATIONS AT THE NATIONAL LEVEL—INDIAN
SCENARIO……………………………………………………………………………24
10. NATIONAL INSTITUTIONAL FRAMEWORK FOR MITIGATION OF
GLOBAL WARMING………………………………………………………………..27
11. ADAPTATION AND COMPLIANCE OF THE INTERNATIONAL LEGAL
STANDARDS………………………………………………………………………….29
12. CONCLUSION………………………………………………………………………..30

6
 1. INTRODUCTION

Global warming is the increase in the average temperature of Earth's near-surface air and oceans
since the mid-20th century and its projected continuation caused chiefly by increasing
concentrations of greenhouse gases namely Carbon Dioxide, Methane, Nitrous Oxide, Hydro
fluorocarbons (HFCs), Per fluorocarbons ( PFCs), Sulphur Hexafluoride(SF6) resulting from
human activities such as burning of fossil fuels, deforestation, industrial processes and other
sources. Global warming, caused by the build-up in the atmosphere of carbon dioxide (C0 2) and
other "greenhouse gases," and the consequential climate change phenomenon present a grave risk
to the international community, and to both the life-sustaining environment of our planet and the
essence of international law and institutions.

Global warming is pervasive in its causes and devastating in its expected impacts, therefore
demanding global cooperation and global solutions involving all of international society.
However the international law conceives of the international community more narrowly by
focusing primarily on sovereign states while excluding corporations, nongovernmental
organizations (NGOs), and individuals. This problem is followed by the difficulty of assessing
and responding to global environmental risks, determining the degree of scientific certainty
needed to assess the probability that global warming is in fact occurring, and identifying and
measuring the expected impacts of global warming.

Another hurdle is the difficulty of defining and determining concepts of liability 1, responsibility,
and illegality for ensuring adequate compensation for the measurable harmful impacts 2 of global
warming. These uncertainties are forcing the international community to make difficult decisions
regarding responses needed to counter the looming threat of global warming.

The choice is hence between adopting a precautionary approach , one that will be very expensive
and that may itself alter society in fundamental ways, or and suffer the warming so rapidly that
life may not be able to adapt. The choice seems clear: international society does not have the
luxury of waiting for scientific certainty before it responds to the potential threat of global
warming. The international community must construct a global precautionary agreement to first,

1
Hardman Reis, T., Compensation for Environmental Damages Under International Law, Kluwer Law
International, The Hague, 2011
2
P. Leelakrishnan, Public Nuisance and Civil Remedies, Environmental Law in India, LexisNexis, 3rd ed., 2008.

7
reduce emission of greenhouse gases to a safe level and second, to ensure that future
development becomes sustainable. This requires the participation and cooperation of all elements
of international society working together to achieve such an agreement fast enough to avoid the
most severe impacts of global warming, including sea-level rise.

In the more developed states, for example, society will have to eliminate its wasteful lifestyles to
reduce greenhouse gases and shift to sustainable development. In the less developed states,
society will have to avoid adopting wasteful lifestyles, and, with the assistance of the developed
world, avoid using inefficient technologies in favor of promoting a sustainable society. The need
of the hour is to consider what mechanisms are available to developing states to better enable
them to achieve a global precautionary agreement3 on global warming and to infer whether the
existing approach using existing international law and institutions will be sufficient to meet the
challenge of global warming or whether a completely new approach, including new legal
principles and institutions, will be necessary.

2. THE PROS AND CONS OF GLOBAL WARMING AND THE CONSEQUENTIAL

CLIMATE CHANGE PHENOMENA

The Intergovernmental Panel on Climate Change in its 4th Assessment Report 4 has stated
that most of the observed increase in global average temperatures since the mid-20th century is
very likely due to the observed increase in anthropogenic greenhouse gas concentrations. A
major portion of the Greenhouse Gases come from the combustion of fossil fuels in automobiles
(transportation), power factories, manufacturing industries and during industrial processes.
Agricultural sector, burning of agriculture residues and waste disposal are smaller contributors
of such emissions. It has been widely agreed upon by a majority of climatologists that human
activities are responsible for most of the warming since they enhance the Earth's natural
greenhouse effect. Natural factors like solar activity and volanic emissions have made an almost
insignificant contributions Global warming over the past century.

3
P. Leelakrishnan, Public Nuisance and Civil Remedies, Environmental Law in India, LexisNexis, 3rd ed., 2008.

4
Rachel E. Stern, Environmental Litigation in China: A Study in Political Ambivalence (Cambridge University Press
2013)

8
The average facade temperature of the globe has increased more than 1 degree Fahrenheit since
1900 and the speed of warming has been almost three folds the century long average since 1970. 5
Global Environmental Change caused by Global Warming is expected to have and has already
resulted in an adverse impact on the ecosystem. The percentage of Carbon Dioxide, which is
considered the primary contributor to the 'Greenhouse Effect' 'has risen by over 25% since the
Industrial Revolution. At the current rate of increase, it is estimated that the Greenhouse Effect
will hike up global temperatures by about 4 degrees.

A rise in global temperatures is expected to cause several changes and damaging effects the
foremost among them being Rise in Sea levels. Continued Global warming over centuries may
melt large amounts of ice from a vast sheet that covers most of West Antarctica. Coastal areas
would experience rise in sea levels, flooding, erosion threatening submergence of some coastal
cities and small uninhabited islands

According to the United Nations climate panel, cities like Mumbai and Kolkata could be
submerged and islands like the Maldives, Tuvalu, Haiti could disappear, or become
uninhabitable at the current rate of rise in temperatures. Temperatures in the Arctic are reported
to be rising far faster than the global average because of global warming, blamed mainly on
emissions from fossil fuels. Experts have pointed to risks that climate change could melt
permafrost stores of billions of tons of methane, a more potent greenhouse gas than carbon
dioxide.

Global Warming will pose a serious threat to human health. By extending zones for insects, it
will lead to higher incidences of infectious tropical diseases like dengue and malaria.
It to extreme Weather changes and has reportedly contributed to more frequent incidences of
weather changes such as hurricanes, droughts, tropical storms and floods especially in countries
in Asia and Africa. Further, the impact on agriculture will be devastating in some regions, with
land facing desertification, thereby affecting the food security of countries. In general the poor
will be affected more and earlier because they are concentrated in the riskier zones (coasts,
riverine deltas, tropics)6 and lack adequate resources to adapt to changing climate. Also, most of
5
Gudynas, Eduardo. 2011. Buen Vivir: Today's Tomorrow Development 54(4):441-447
.
6
Becker, Marc. 2011 Correa, Indigenous Movements, and the Writing of a New Constitution in Ecuador.  Latin
American Perspectives 38(1):47-62.

9
the poorer countries are dependent on agriculture, which will be severely affected by such
extreme weather events (like floods and droughts.) Continued Global Warming will lead to a
change in ecosystems and shifts in plant and animal habitats.

2.1. THE GREENHOUSE EFFECT

The Greenhouse Effect refers to the gradual warming of the Earth's atmosphere. The earth with
its blanket of atmosphere constitutes a 'Greenhouse' according to some climatologists.
Greenhouse Gases (GHGs) trap the heat radiated off the surface of the earth,in the earth's
atmosphere and thus result in increasing the temperature of earth. Greenhouse Gases have always
been present in the atmosphere but their concentrations have increased in the last century.
Joseph Fourier first discovered the Greenhouse effect in 1824 and Svante Arrhenius was the first
to investigate it in 1896.7

Therefore term "greenhouse effect" refers to the ability of the atmosphere to absorb heat and
warm the earth. The sun emits energy primarily as visible (short) wavelength radiation, which
passes relatively easily through the atmosphere. In contrast, the much cooler earth emits longer
wavelength infrared radiation which is absorbed by greenhouse gases in the atmosphere.This
"trapped" energy warms the atmosphere and reradiates heat back to earth, in a manner roughly
analogous to the process for warming a botanical greenhouse. Some greenhouse gases, including
water vapor and carbon dioxide (CO2), occur naturally in the atmosphere; the absence of such
gases would make the earth about 35 degrees centigrade colder and, thereby, incapable of
supporting life. Since the beginning of the industrial age, however, the burning of fossil fuel and
other human activities have substantially increased the concentrations of CO2 and other naturally
occurring greenhouse gases.' Man has also released artificial, extremely potent, and long-lived
greenhouse gases, such as chlorofluorocarbons (CFCs) and other halocarbons, into the
atmosphere.'

By the year 2030, at present rates, the increase in greenhouse gases will be approximately
equivalent to a doubling of the amount of CO2 in the atmosphere prior to the industrial
revolution.. Global mean temperatures are expected to increase between 1.5 to 4.5 degrees

7
S.C. Shastri, Environmental Pollution and Control under Other Laws, Environmental Law, Eastern Book
Company, 5th ed, 2015.

10
centigrade within the next 40 years.8 This rapid and unprecedented increase in global
temperatures is expected to have a number of severe impacts, including inter-regional shifts in
agriculture and diminished agricultural productivity, reduced availability of freshwater, and
forest dieback resulting in reduced fuelwood supplies. In addition, global warming is expected to
cause sea levels to rise, thereby increasing coastal flooding, erosion of shorelines, inundation of
wetlands and lowlands, salinization of estuaries and aquifers, and infrastructural damage from
storm surges.

Climate predictions are made on the basis of complex, three-dimensional computer models,
representing the atmosphere and surface of the earth. Despite the use of the most powerful
supercomputers, however, these global circulation models (GCMs) are limited in their ability to
represent and predict global climate. Complex climate-related systems, such as ocean currents,
clouds, and many climate "feedback" processes can presently be represented vaguely.

2.2 SEA-LEVEL RISE

Global warming from the greenhouse effect will cause sea level to rise, as gradually warming
oceans undergo thermal expansion, and small mountain glaciers melt. Sea-level will rise 25 to 40
centimeters by 2050, and perhaps 2 meters by 21009, according to current estimates. The impacts
of rising sea level include:

(1) inundation of wetlands and lowlands;

(2) erosion of shorelines;
(3) increased coastal flood ing;
(4) salinization of estuaries and aquifers;10
(5) altered tidal ranges in rivers and bays;
(6) delta subsidence due to changes in sediment deposition;
(7) increased height and frequency of waves;
8
Rogers, Winfield and Jolowicz on Tort (1984) 377.

9
Rachel E. Stern, Environmental Litigation in China: A Study in Political Ambivalence (Cambridge University
Press 2013)

S.C. Shastri, Environmental Pollution and Control under Other Laws, Environmental Law, Eastern Book
10

Company, 5th ed, 2015.

11
(8) decreased light reaching the ocean floor.
Developed areas will be particularly affected by sea-level rise. While shorelines constitute only a
small fraction of the land area of most nations, a disproportionately large amount of development
is located near coasts. These threatened areas contain many major cities and up to one-fifth of the
world's population. A one-meter rise in sea-level would destroy a large portion of Bangladesh.' A
two-meter rise would inundate its capital, Dhaka, as well as Shanghai and Lagos-the largest
cities of China and Nigeria-and 20% of the populated area and farmland of Egypt. 11Of all
geographic areas, low-lying reef and atoll islands, such as those found in the South Pacific and
Indian Oceans, may be the most threatened by sea-level rise. These islands are rarely more than
three meters above sea level and some are considerably less. Within only a few decades the
islands of Kiribati could disappear beneath the Pacific, making refugees of the islands' 60,000
inhabitants."

The Republic of Maldives, in the Indian Ocean, is also vulnerable; a two-meter rise in sea level
would flood the capital and over one-half the populated atoll islands of the republic. The Pacific
atoll island nations of Tokelau, Tuvalu, and the Marshall Islands are similarly threatened. 12 Even
a moderate rise in sea level could have serious consequences for small coastal and island states.
Despite their small size, many have relatively large populations."" Existing problems caused by
rapid population growth and development would be exacerbated as floods, and possibly tropical
storms, become more frequent and severe. Erosion, already a problem, due in part to the
diversion of currents by manmade structures, would be accelerated." Saltwater would displace
freshwater, diminishing already strained supplies of drinking water and damaging crops which
cannot tolerate salt.Tourism and fishing, economic staples for small coastal and island states, will
also suffer as beaches erode and dying coral reefs cease to yield their plentiful supply of bait.48

3. THE MITIGATION MACHINERY AT THE INTERNATIONAL LEVEL

Global warming threatens all of humanity with the very human rights which were designed to
prevent –destruction of life, health property, culture, means of subsistence, residence and
movement.To illustrate the above point, we take the example of low-lying countries such as
11
P. Leelakrishnan, Public Nuisance and Civil Remedies, Environmental Law in India, LexisNexis, 3rd ed., 2008.

S.C. Shastri, Environmental Pollution and Control under Other Laws, Environmental Law, Eastern Book
12

Company, 5th ed, 2015.

12
Bangladesh and the Maldives, where a one-meter rise in sea level threatens to displace millions.
Countries such as Grenada that were previously believed to be outside hurricane zones now
experience devastating storms costing several years of Gross domestic product. Shrinking sea ice
exposes Inuit villages in the Arctic to violent winter storms. The resulting erosion, exacerbated
by melting permafrost, causes Inuit homes to literally tumble into the sea. It is becoming
apparent that climate change will have implications for the enjoyment of human rights.

American Electric Power Company v. Connecticut 13, was a United States Supreme Court case
in which the Court, in an 8–0 decision, held that corporations cannot be sued for greenhouse gas
emissions (GHGs) under federal common law, primarily because the Clean Air Act (CAA)
delegates the management of carbon dioxide and other GHG emissions to the Environmental
Protection Agency (EPA). Brought to court in July 2004 in the Southern District of New York,
this was the first global warming case based on a public nuisance claim. Therefore though direct
corporate liability was not adduced in the case,global warming and climate change was directly
focused upon and EPA was once agained remained its duty of chimate change regulation.

The United Nations Charter of 1945 marked the beginning of modern international human
rights law, whereas the Stockholm Declaration of 1972 is generally seen as the starting point of a
rights based approach to environmental protection. 14 This declaration formulated several
principles, including that Man have the fundamental right to freedom, equality and adequate
conditions of life, in an environment of a quality that permits a life of dignity and well-being,
and he bears a solemn responsibility to protect and improve the environment for present and
future generations.

On 16 May,1994,an international group of experts on Human Rights and Environmental

Protection met at Geneva and drafted the first ever Declaration on the principles of Human
Rights and the Environment. This Declaration was the first international instrument
comprehensively addressing the linkage between Human Rights and the environment. It is
divided into 5 parts and contains 27 articles. It demonstrates that accepted environmental and
human rights principles embody the right of everyone to a secure, healthy and ecologically sound
13
564 U.S. 410 (2011),

Teeter, Preston; Sandberg, Jorgen (2016). "Constraining or Enabling Green Capability Development? How Policy
14

Uncertainty Affects Organizational Responses to Flexible Environmental Regulations". British Journal of

Management.

13
environment and describes the environmental dimension of established human rights, such as the
rights to life, health and culture. The Draft Declaration also describes duties that correspond to
the rights--duties that apply to individuals, governments, international organizations and
transnational corporations.

The first comprehensive international instrument encompassing both sets of rights i.e., civil and
political rights and the economic, social and cultural rights is the Universal Declaration of
Human Rights (UDHR). The International Covenant on Economic, Social and Cultural Rights
(ICESCR) remains the principal instrument on economic, social and cultural rights. (1966) The
right to health (Article 12) within the Covenant expressly calls on States parties to take steps for
"the improvement of all aspects of environmental and industrial hygiene and the prevention,
treatment and control of epidemic, endemic, occupational, and other diseases.
Chapter 6 of Agenda 21, adopted at the 1992 Rio Conference on Environment and
Development,15 is entirely devoted to "protecting and promoting human health condition", while
the Rio Declaration itself (Principle 1) proclaims that human beings are entitled to a healthy and
productive life in harmony with nature and provides that states should effectively cooperate to
discourage or prevent the relocation and transfer to other states of any activities and substances
that, inter alia, are found to be harmful to human health (Principle 14).
|
The UN Climate Change Conference was held at Bali, Indonesia. The Conference culminated in
the adoption of the Bali Road Map, with a view to finalizing a binding agreement in 2009 in
Copenhagen. The Roadmap consists of a number of forward-looking decisions which are
essential to reaching a secure climate future. The roadmap recognizes that deep cuts in global
emissions are required there is an urgent need to reduce greenhouse gases from deforestation. It
calls for greater investment in helping developing countries adapt to climate change and obtain
the clean technologies, such as renewable energy, that they need to maintain economic
development while keeping their own emissions down.The 2009 United Nations Climate Change
Conference, commonly known as the Copenhagen Summit, was held Copenhagen, Denmark, in
December 2009. A framework for climate change mitigation beyond 2012(The Kyoto Protocol
expires in 2012) was to be agreed at the Conference, according to the Bali Roadmap. The
Conference ended with an agreement by countries to cap the global temperature rise by
15
P. Leelakrishnan, Public Nuisance and Civil Remedies, Environmental Law in India, LexisNexis, 3rd ed., 2008.

14
committing to significant emission reductions, and to raise finance to kickstart action in the
developing world to deal with climate change. The final accord, however failed to achieve
anything substantial. It does not contain any tough binding new targets or even weak ones.

The United Nations Human Rights Council in its resolution 7/23 Human rights and climate
change expressed concern that climate change poses an immediate and far-reaching threat to
people and communities around the world.After examining the meaning, causes and the adverse
impact of Global Warming along with the various mitigation measures adopted to combat the
phenomenon, it cannot be denied that Global Warming and Climate Change is one of the gravest
challenges to humanity, Measures have been taken at the international level by adopting treaties
and Conventions like the Kyoto Protocol, Rio Declaration, international instruments like the
UNDHR to fight climate change. A wide variety of measures and strategies have been suggested
to countries to mitigate Global warming. United Nations and other specialized bodies expressed
international concern about the safety of the planet and declared that environmental degradation
is a matter of global concern. The International Panel on Climate Change (IPCC) defines
mitigation as:

An anthropogenic intervention to reduce the sources or enhance the sinks of greenhouse gases.
The efforts to mitigate global warming have begun indirectly and inconsequentially along the
earliest declarations on environmental protection.

4. THE PRE-KYOTO PROTOCAL ERA

1. Stockholm Declaration 1972:

The Stockholm Declaration was the product of the first major international conference on
environment and its relationship with humans held under the auspices of the United Nations in
1972 at Stockholm.The Conference was attended by 114 States and a large number of
international institutions and non-governmental observers.The Conference adopted a Declaration
containing 26 Principles which are designed to ‘inspire and guide the peoples of the world in the
preservation and enhancement of the human environment.’

The Stockholm Conference also proposed a new UN agency, the United Nations Environment
Programme (UNEP). UNEP has been responsible for the establishment and implementation of
regional as well as global treaties addressing ozone depletion; trade in endangered species, etc.
15
The following global conventions were signed under the auspices of UNEP:
1. Convention on the Control of International Trade in Endangered Species of Wild Fauna and
Flora, Washington, 1973.

2. Convention on Migratory Species, Bonn, 1979.

3. Vienna Convention for the Protection of the Ozone Layer, Vienna, 1985, and Montreal
Protocol on Substances that Deplete the Ozone Layer, Montreal, 1987.16

4. Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and

their Disposal, Basel, 1989.

2.World Commission on Environment and Development:

Brundtland Commission:
WCED was established by the UN General Assembly and chaired by the Norwegian Prime
Minister Gro Harlem Brundtland. The commission was established outside the control of the
governments and the UN system.The Brundtland Report17 proved a catalyst for changing the
direction of international negotiations on environmental degradation and conservation.Most
importantly, the report has contributed to the concept of sustainable development that firmly
relates environmental degradation with developmental activities. Sustainable development is
defined by the Brundtland report as “development that meets the needs of the present without
compromising the ability of future generations to meet their own needs”.

3.UN Conference on Environment and Development ‘Earth Summit’ 1992:

In 1992, UNCED, popularly known as the Earth Summit, was held in Rio de Janeiro, Brazil. The
primary aim of the Earth Summit (a result of the Brundtland commission) was to support the
socio-economic development and prevent the continued deterioration of the environment through
cooperation between the developing and the developed countries.

16
P. Leelakrishnan, Public Nuisance and Civil Remedies, Environmental Law in India, LexisNexis, 3rd ed., 2008.

Teeter, Preston; Sandberg, Jorgen (2016). "Constraining or Enabling Green Capability Development? How Policy
17

Uncertainty Affects Organizational Responses to Flexible Environmental Regulations". British Journal of

Management.

16
Rio Declaration:
The declaration is a statement of principles or goals, which was adopted by 175 countries at the
UNCED. The declaration succeeded in putting agenda of developing countries in the forefront.

The preamble of the declaration declares the goal as “new and equitable global partnership.” On
the insistence of the G-77 and China, the declaration was drafted on the central theme that it was
about people and their environment and development.Unlike the Stockholm Declaration that
declared the right to environment as a fundamental human right, the Rio Declaration adopted
“right to development so as to equitably meet development and environmental needs of present
and future generations.”

5. THE KYOTO PROTOCOL, 1997---LAW ON GLOBAL WARMING AND

CLIMATE CHANGE

The first major effort at mitigation was the Kyoto Protocol.The Kyoto Protocol is an
international agreement linked to the United Nations Framework Convention on Climate
Change. It was adopted in Kyoto, Japan, on 11 December 1997 and entered into force on 16
February 2005. 184 Parties of the Convention have ratified its Protocol to date. The major
feature of the Kyoto Protocol is that it sets binding targets for 37 industrialized countries and the
European community for reducing greenhouse gas (GHG) emissions.

Though countries must meet their targets primarily through national measures, the Kyoto
Protocol offers them an additional means of meeting their targets by way of three market-based
mechanisms namely,

(i) Emissions trading – known as the carbon market "which allows countries that have emissions
permitted to them but not 'used'' to sell this excess capacity to countries which have exceeded
their targets. (Art 17),18

(ii) Clean development mechanism (CDM) which allows a country with an emission-reduction or
emission-limitation commitment under the Kyoto Protocol to implement an emission-reduction
project in developing countries and Joint Implementation which allows a country with an

18
P. Leelakrishnan, Public Nuisance and Civil Remedies, Environmental Law in India, LexisNexis, 3rd ed., 2008.

17
emission reduction or limitation commitment under the Kyoto Protocol to earn emission
reduction units (ERUs) from an emission-reduction or emission removal project , each
equivalent to one ton of CO2, which can be counted towards meeting its Kyoto target.

A lot of criticism has been levelled against the Protocol.The controversy over the Kyoto protocol
stems from its status as the only legally binding agreement on climate change, requiring
industrialized nations but not developing nations such as China and India to cut their emissions
though they have ratified the Protocol.

The rich and developed nations want a fresh treaty, arguing the world has changed and the major
emerging economies such and China and India must commit to curbing their huge and fast
growing national emissions. However, the developing nations argue that rich nations grew
wealthy by polluting the atmosphere and must take primary responsibility for it, which can only
be guaranteed by Kyoto.19India signed and ratified the Protocol in August, 2002 but India is
exempted from the framework of the treaty. The United States, although a signatory to the Kyoto
Protocol, has neither ratified nor withdrawn from the Protocol.

6. POST KYOTO-PROTOCOL ERA:

1.RIO +5, 1997:

In 1997, the UN General Assembly held a special session to appraise the status of Agenda 21.
The Assembly recognized progress as “uneven” and identified key trends, including increasing
Globalisation, widening inequalities in income, and continued deterioration of the global
environment.The focus of the Rio+5 Forum was to move sustainable development “From
Agenda to Action.” The forum focused on identifying key strategies and management systems
for “operationalizing” sustainable development at the local, national and global levels.

2. WSSD Johannesburg Declaration or RIO +10:

World Summit on Sustainable Development summit took place 10 years (2002) after the first
Earth Summit in Rio de Janeiro, so it was informally nicknamed “Rio+10”.It ended in a major
disappointment as no new commitments were made to tackle any crisis and the lack of progress

Teeter, Preston; Sandberg, Jorgen (2016). "Constraining or Enabling Green Capability Development? How Policy
19

Uncertainty Affects Organizational Responses to Flexible Environmental Regulations". British Journal of

Management.

18
demonstrated the unenthusiastic response of the governments, even as the environment continued
to deteriorate. It ended with weak and non-binding agreements to promote sustainable
development.

3.Rio +20, 2012:

Hosted by Brazil in Rio de Janeiro, Rio+20 was a 20-year follow-up to the 1992 Earth Summit /
UNCED held in the same city, and the 10th anniversary of the 2002 WSSD in Johannesburg.The
conference centered on Agenda 21, the outcome document from Earth Summit 1992. It was
considered revolutionary in the sense that it essentially created the term sustainable development
and created the global environmental agenda for the next 20 years.

4. The Paris agreement, 2015

The Paris Agreement is an agreement within the United Nations Framework Convention on

Climate Change (UNFCCC) dealing with greenhouse gases emissions mitigation, adaptation and
finance starting in the year 2020.20 The language of the agreement was negotiated by
representatives of 195 countries at the 21st Conference of the Parties of the UNFCCC (COP21)
in Paris and adopted by consensus on 12 December 2015.

The head of the Paris Conference, France's foreign minister Laurent Fabius, called the plan
"ambitious and balanced" and an "historic turning point" in the goal of reducing global
warming. Critics note that the agreement is not sufficient to achieve the 2 °C warming target, and
the lack of any binding enforcement mechanism. Subsequent Conference of the Parties meetings
are expected to address shortcomings in the Paris Agreement.

Amid fierce opposition from scientists and other leaders around the world, U.S. President Donald
Trump has pledged to pull out of the Paris Agreement.21

The Paris Agreement, which was brought to discussion on November 12, 2016, was made with a
goal in mind to unite all countries against the threat of climate change. This argument stipulates
that all countries involved contribute financially and regularly report on emissions and the status

20
Teeter, Preston; Sandberg, Jorgen (2016). "Constraining or Enabling Green Capability Development? How Policy
Uncertainty Affects Organizational Responses to Flexible Environmental Regulations". British Journal of
Management.
21
Armin Rosencranz, Shyam Divan and Martha L.Noble, Environmental Law and Policy in India

19
of national progress. At this point, over half the countries in Convention who were responsible
for over half of greenhouse emissions, had ratified.

7. THE UN SUMMIT, 2019

In the face of worsening climate crisis, UN Summit 2019 held on September 23 rd in New York
delivered new pathways and practical actions to shift global response into higher gear.The
Summit is designed to showcase government, business, and civil society efforts to increase their
commitments under the Paris Agreement and work toward reducing emissions to essentially zero
by mid-century. Many of the more than 70 key announcements showcase the concrete ways in
which countries can better adapt to climate change and cut emissions while getting the necessary
technical and financial support many of them need. The Summit participants recognize that to
limit climate change to 1.5°C, action needs to start now.22

Many countries demonstrated next steps on how by 2020 they will update their Nationally
Determined Contributions (NDCs) with the aim to collectively reduce emissions by at least 45
percent by 2030 and prepare national strategies to achieve carbon neutrality by mid-century.
President of Chile, Sebastián Piñera, announced the “Climate Ambition Alliance,” which Chile
hopes to build in the lead-up to COP25 in Santiago. The Alliance brings together nations
upscaling action by 2020, as well as those working towards achieving net zero CO2 emissions by
2050.23 59 nations have signaled their intention to submit an enhanced climate action plan (or
NDC), and an additional 11 nations have started an internal process to boost ambition and have
this reflected in their national plans. In terms of the 2050 group, 65 countries and the European
Union are joined by 10 regions, 102 cities, 93 businesses and 12 investors – all committed to net
zero CO2 emissions by 2050.

Therefore by the virtue of this summit, the entire UN System, will remain engaged in the
implementation phase of the Paris Agreement post-2020 and the global stock take in 2023, while
focusing on Climate Finance, People Centered Action and the safety of small island developing
states.

8. JUDICIAL DECISIONS ON CLIMATE CHANGE JURIPRUDENCE

22
P. Leelakrishnan, Public Nuisance and Civil Remedies, Environmental Law in India, LexisNexis, 3rd ed., 2008

23
Armin Rosencranz, Shyam Divan and Martha L.Noble, Environmental Law and Policy in India

20
 24
In Kivalina v. ExxonMobil Corp ,a lawsuit filed in a United States district court based on
the common law theory of nuisance the monetary damages from the energy industry were
claimed for the destruction of Kivalina, Alaska by flooding caused by climate change. The
damage estimates made by the U.S. Army Corps of Engineers and the Government
Accountability Office are placed between $95 million and $400 million. This lawsuit is an
example of greenhouse gas emission liability.

The suit was dismissed by the United States district court  on the grounds that regulating
greenhouse emissions was a political rather than a legal issue and one that needed to be resolved
by Congress and the Administration rather than by courts. 

Various international instruments recognize economic, social and cultural rights as integral parts
of the human rights framework. Therefore the international organisations and the judicial
machinery of countries round the world focused on balancing both the economic and the
environmental interests holistically.

In In re Vienna-Schwechat Airport Expansion25, Various NGOs and individuals persuaded a

panel of the Austrian Federal Administrative Court to overturn the government of Lower
Austria’s approval of construction of a third runway at Vienna’s main airport. The reason,
authorizing the runway would do more harm to the public interest than good, primarily because it
would be contrary to Austria’s national and international obligations to mitigate the causes of
climate change. Of the authorities cited by the court, the most important was Austria’s Climate
Protection Act of 2011, which set emissions reduction targets for various sectors, including the
transport sector. Because a third runway was expected to increase Austria’s annual CO2
emissions, the court concluded that it would be at odds with the provisions of the 2011 Act as
well as with Austria’s constitution and its international commitments under EU law and the Paris
Agreement. This case is the first instance of a court determining that climate change mitigation
commitments require it to overturn government agency approval of infrastructure development.
It is thus a leading example both of a court straightforwardly enforcing a climate mitigation
statute and of a court vindicating rights to environmental integrity

24
No. 4:08-cv-01138 (N.D. Cal.)

25
W109 2000179-1/291E

21
Michigan v. Environmental Protection Agency26, is a landmark United States Supreme
Court case in which the Court analyzed whether the Environmental Protection Agency must
consider the economic costs when deciding to regulate, rather than later in the process of issuing
the regulation.

Writing for a 5–4 majority, Justice Antonin Scalia held that the EPA must consider the economic
costs while regulating the power plants and that both the economic interests and the
environmental interests must be strikingly balanced .this judgment was widely criticized as it
was completely against the President Barack Obama's climate change agenda.

In Urgenda Foundation v. State of the Netherlands 27, A Dutch environmental group, the
Urgenda Foundation, and 900 Dutch citizens sued the Dutch government to require it to do more
to prevent global climate change. The court in the Hague ordered the Dutch state to limit GHG
emissions to 25% below 1990 levels by 2020, finding the government’s existing pledge to reduce
emissions 17% insufficient to meet the state’s fair contribution toward the UN goal of keeping
global temperature increases within two degrees Celsius of pre-industrial conditions. The court
concluded that the state has a duty to take climate change mitigation measures due to the
“severity of the consequences of climate change and the great risk of climate change occurring.”
In reaching this conclusion, the court cited (without directly applying) Article 21 of the Dutch
Constitution; EU emissions reduction targets; principles under the European Convention on
Human Rights; the “no harm” principle of international law; the doctrine of hazardous
negligence; the principle of fairness, the precautionary principle, and the sustainability principle
embodied in the UN Framework Convention on Climate Change; and the principle of a high
protection level, the precautionary principle, and the prevention principle embodied in the
European climate policy. The court did not specify how the government should meet the
reduction mandate, but offered several suggestions, including emissions trading or tax measures.
This is the first decision by any court in the world ordering states to limit greenhouse gas
emissions for reasons other than statutory mandates.

26
576 U.S.(2015)
27
[2015] HAZA C/09/00456689

22
In Greenpeace Nordic Association and Nature & Youth v. Ministry of Petroleum and
Energy28 two environmental NGOs filed suit seeking a declaratory judgment from the Oslo
District Court that Norway’s Ministry of Petroleum and Energy violated the Norwegian
constitution by issuing a block of oil and gas licenses for deep-sea extraction from sites in the
Barents Sea. The petition alleges several key facts: the licenses would allow access to as-yet
undeveloped fossil fuel deposits in a manner inconsistent with the climate change mitigation
required to avert global warming of 1.5°C and possibly even 2°C in excess of preindustrial
levels; and the area made accessible by the licenses would be the northernmost yet developed,
and would border the ice zone, presenting extraordinary risks to the highly sensitive Arctic
environment from potential spills and emissions of black carbon. The petition also alleges
violation of article 112 of the Norwegian Constitution, which establishes a “right to an
environment that is conducive to health and to a natural environment whose productivity and
diversity are maintained.” The petition also cites other constitutional provisions including those
requiring government action to be consistent with the precautionary principle; the no harm
principle as it applies both domestically and to citizens of other countries; and human rights
protections. In addition to these national sources of legal authority, the petition also points out
that Norway’s issuance of oil and gas licenses contradicts its commitments under the Paris
Agreement. Much as the Urgenda plaintiffs used national and international commitments to
construe the climate mitigation implications of the duty of care embodied in the Dutch
constitution, this petition argues for a similar interpretation of the right to environmental integrity
protected by the Norwegian constitution. It would have been possible to make a similar argument
before Norway ratified the Paris Agreement and that Agreement entered into force, but those
events lend specificity and context to the constitutional right at the core of the petition.

In In re U.S. (Juliana v. United States) 29, Twenty-one youth plaintiffs filed a lawsuit in federal
district court against the U.S. government, asking the court to compel the government to take
action to reduce CO2 emissions so that atmospheric CO2 concentrations will be no greater than
350 parts per million by 2100. The plaintiffs alleged that the “nation’s climate system” was

28
16-166674TVI-OTIR/06 

29
6:15-cv-01517

23
critical to their constitutional rights to life, liberty, and property, and that the defendants had
violated their substantive due process rights by allowing fossil fuel production, consumption, and
combustion at “dangerous levels.” The plaintiffs also alleged that the government’s failure to
control CO2 emissions constituted a violation of their constitutional right to equal protection
before the law, as they were being denied the fundamental rights afforded to prior and present
generations. Finally, the plaintiffs alleged that defendants had failed to fulfill their obligations
under the public trust doctrine. This decision contains a novel application of the public trust
doctrine—one that may be overturned on appeal, but is consistent with an international
groundswell of cases in which litigants have implicated that doctrine in their challenges to
inadequate government climate change mitigation or adaptation efforts. At least one court has
already referred to it in support of a decision to invite plaintiffs to amend their

On February 7, 2018, the Inter-American Court of Human Rights published a landmark

Advisory Opinion on the Environment and Human Rights 30  Reaffirming that human rights
depend on the existence of a healthy environment, the Court ruled that states must take measures
to prevent significant environmental harm to individuals inside—and outside—their territory. In
other words, if pollution can travel across the border, so can legal responsibility.31

9. LEGAL REGULATIONS AT THE NATIONAL LEVEL—INDIAN SCENARIO

At the national level, environmental protection and the right to a healthy environment is
enshrined in various Articles and is also one of the Fundamental Duties. Besides the Government
has enacted various legislations such as Environment Protection Act,1986,Water Act 1974 and
several other laws to reduce and control the disastrous effects of climate change and focus on
environmental protection.32

Various legislations have been enacted by Indian Parliament in about the last 30 years to tackle
the problem of environmental protection. The Supreme Court has pronounced a number of
judgments and orders and issued various directions with the objective of securing the protection
and preservation of environment and enforcement of human rights of citizens.

30
P. Leelakrishnan, Public Nuisance and Civil Remedies, Environmental Law in India, LexisNexis, 3rd ed., 2008

31
Armin Rosencranz, Shyam Divan and Martha L.Noble, Environmental Law and Policy in India
32
Surendra Malik, Sudeep Malik. Supreme Court on Environment Law (2015 ed.).

24
In Indian Council for Enviro-Legal Action vs. Union of India 33, the Supreme Court has
implemented the right to wholesome environment as part of the Right to Life enshrined in
Article 21.Thus Right to Life envisaged in the Article means something more than survival of
animal existence. It includes right of healthy living.

The Andhra Pradesh High Court in MP Rambabu vs Divisional Forest Officer34, has rightly
observed in terms of Article 21 of the Constitution, a person has a right to a decent life, good
environment and maintenance of ecology.

The State's responsibility with regard to environmental protection has been laid down under
Article 48-A of the Constitution, also environmental protection is a fundamental duty of every
citizen of this country under Article 51-A(g). Article 48-A of the Constitution comes under
Directive Principles of State Policy and Article 51 A (g) of the Constitution comes under
Fundamental Duties.35 These provisions highlight upon the fact that environment and human life
are interlinked hence the realization of many human rights is necessarily related to and in some
ways dependent upon one's physical environment.

An important recent development is the rise of Judicial activism36 in the enforcement of

environmental legislation. This is reflected in the growth of environment-related public litigation
cases that have led the courts to take major steps such as ordering the shut-down of polluting
factories. In the quest for development, man since time immemorial has been continuously
thriving upon environment. In his process to manage environment, to achieve higher standard of
living he has caused serious irreparable damage to the environment. Several legislations have
been enacted to impose a check on these human actions, which deplete the environment. But the
true savior has been the judiciary, which has time and again balanced man’s development with
the environment. Pollution is also a part of Social Justice.

In Minerva Mills Co. Ltd., Vs. Sut Mill Mazdoor Union37 it was held that, “Social justice
connotes the balance of adjustments of the various interests concerned in the social and
economic basis.” Public health is a part of social justice. A decent life presupposes decent health,

33
AIR 1996 SC 1446
34
AIR 2002 A.P.256
35
Surendra Malik, Sudeep Malik. Supreme Court on Environment Law (2015 ed.).
36
S .Shanthakumar, ENVIRONMENTAL LAW AN INTRODUCTION, pp. 122, 123, Chennai: Surya Publication
37
AIR 1955 SC 170

25
and not only the individual has to be kept from disease, but the whole environment has to be kept
halcyonic to ensure perfect health.

On various occasions our courts have effectively interpreted various provisions to save our
environment for e.g. in Narendra Kumar Vs. Union of India38 The Supreme Court exclaimed
that Restrictions includes prohibition in certain cases to save forests’.39

M C Mehta v. Union of India40 (Taj Trapezium case)

In Koolwal’s case the court raise a questionable point that when every citizen owes a
constitutional duty to protect the environment (Article 51 A), the citizen must also be entitled to
court’s aid in enforcing the duty against recalcitrant state agencies.134 A very unique
jurisprudential innovation has been incorporated into the equality principle by bringing inter-
generational equity and sustainable development under its precinct.

The principle in more explicit terms was applied in M C Mehta v. Union of India (Taj Trapezium
case) for protecting the Taj from air pollution by coke/coal fuel based industries operating within
the Taj trapezium was revealed from expert studies.The Supreme Court in Sapna Motel case has
accepted the doctrine of Public trust A public interest petition, filed to protect Taj Mahal a world
wonder and the monument of international repute, sought appropriate directions to the authorities
concerned to take immediate steps to stop air pollution in Taj Trapezium (TTZ). The sulphur
dioxide emitted by the Mathura Refinery and other industries when combined with oxygen with
the aid of moisture forms sulphuric acid called “acid rain” which has a corroding effect on the
gleaming white marble. The court observed that “precautionary principle” requires that
environmental measures must anticipate, prevent and attack the causes of operation, which are
detrimental to the environment. The Supreme Court further upheld that the polluting industries
should changeover to the natural gas as an industrial fuel or should relocate themselves in new
industrial estates outside TTZ. The UP government was directed to give assistance and
incentives to the industries in the process of relocation while workmen shall be entitled to certain
rights and benefits.41 To protect the deteriorating quality of air so as to protect the health of the
people in Delhi, which is the facet of the Article 21 of the Constitution, the Supreme Court has
38
AIR1960 SC 430
39
R.M. Lodha, ENVIRONMENTAL RUIN: THE CRISES OF SURVIVAL, P.364 .New Delhi: Indus Publishing
40
[1997] A.I.R. 734
41
S .Shanthakumar, ENVIRONMENTAL LAW AN INTRODUCTION, pp. 122, 123, Chennai: Surya Publication

26
highlighted very categorically the constitutional duty of the state to protect the environment and
held that Articles 39(e), 47 and 48A collectively cast a duty on the local authority to phase out
grossly polluting old vehicles and non CNG buses to improve environment and protect the health
of the people of Delhi.

In P.C Cherian v. State of Kerala 42, the Kerala High Court said that the carbon particle (carbon
black) emitted from two rubber factories amounted to an actionable public nuisance under
section 133 of the code of criminal Procedure 1973. The court took judicial notice of the health
effects of air pollution and it had to strike a balance between the community interest and the
interest of the workers in protecting their jobs.43 The court held that there is no scope for doubt
that carbon black on the clothes of the residents, which make them soiled, and their deposits on
food articles would cause annoyance to them all.

Thus, the Indian Supreme Court has interpreted the right to life under Article 21 in a manner that
extends beyond mere survival, to cover conditions that are necessary for higher standards of
living. Climate change, could potentially affect both the survival and standards of living of
Indians.

10. NATIONAL INSTITUTIONAL FRAMEWORK FOR MITIGATION OF

GLOBAL WARMING

The Stockholm Conference on Environment and Development exerted great influence on

environmental policymaking leading to an amendment of the Constitution, passage of important
legislations such as the Water (Prevention and Control of Pollution) Act, 1974 and the Air
(Prevention and Control of Pollution) Act, 1981 and creation of institutions such as Central and
State Pollution Control Boards for implementing the provisions of the Acts which aim at
reducing pollution there by combating global warming.

India has a very comprehensive framework of legal and institutional mechanisms in the region to
respond to the tremendous challenges to the environment it is facing, owing to population
growth, poverty and illiteracy augmented by urbanization and industrial development.

(1980) 7 SCC 352

42

43
M.V Ranga Rao, ROLE OF JUDICIARY IN ENVIRONMENTAL PROTECTION,p.9, vol.3, Supreme Court
Journal, September- December, (2001)

27
Since the 1970s an extensive network of environmental legislation has grown in the country. The
MoEF and the pollution control boards i.e. CPCB and SPCBs together form the regulatory and
administrative core for implementing various legislations relating to environmental protection at
the centre is the Ministry of Environment and Forest (MoEF). The CPCB and the SPCBs are
responsible for implementing legislations relating to prevention and control of pollution.
Pollution arises both from point sources,44 for example, factories and non-point sources, for
example, automobiles. In addition, ambient standards for air and water have been laid down and
are being regularly monitored by the CPCB with the support of the SPCBs find that despite the
legislative and administrative efforts and fiscal incentives for pollution control, ‘ambient
standards of air and water pollution continue to be routinely exceeded and in some places quality
has distinctly deteriorated’.

Besides giving directions to the CPCB on matters relating to prevention and control of pollution,
the MoEF is responsible for designing and implementing a wide range of programmes relating to
environmental protection.The objectives of the MOEF are:

i. conservation and survey of flora, fauna, forests and wildlife;

ii. prevention and control of pollution;
iii. afforestation and regeneration of degraded areas;
iv. protection of the environment; and
v. welfare of animals.

11. ADAPTATION AND COMPLIANCE OF INTERNATIONAL LEGAL

STANDARDS

India is implementing its international law obligations steadily and effectively. India, as a
developing country has reasons to be concerned about the adverse impact of climate change on
its economy.

India has initiated several climate-friendly measures, particularly in the area of renewable
energy. It has one of the most active renewable energy programmes45 besides having a dedicated

44
Surendra Malik, Sudeep Malik. Supreme Court on Environment Law (2015 ed.).
45
M.V Ranga Rao, ROLE OF JUDICIARY IN ENVIRONMENTAL PROTECTION,p.9, vol.3, Supreme Court
Journal, September- December, (2001)

28
Ministry for non conventional energy sources and has also taken many other measures and policy
initiatives. Apart from the various legal and institutional provisions made by the government to
check the air pollution there is a need for execution of effective plan to combat global warming.

Thus, India has undertaken numerous response measures that are contributing to the objectives of
the UNFCCC and has formed a NAPCC which incorporates its vision of sustainable
development and steps it must take to realize it. Engineering new and innovative forms of
market, regulatory and voluntary mechanisms to promote, the NAPCC addresses the urgent and
critical concerns of the country through a directional shift in the development pathway, including
through the enhancement of the current and planned programmes presented in the technical
document.

In wake of the problem of climate change, Ministries dealing with the environment, water
resources, urban development, agriculture, power, and new and renewable energy are the nodal
agencies for all the eight missions under the NAPCC. The national action plan on climate
change identifies measures that promote our development objectives while also yielding co-
benefits for addressing climate change effectively. It outlines a number of steps to
simultaneously advance India’s development and climate change-related objectives of adaptation
and mitigation. But poor enforcement of the laws occurs as pollution control authorities do not
have reliable information regarding the quantities of effluents/emissions/solid wastes and their
characteristics and SPCBs do not have adequate technical facilities and skilled manpower for
monitoring the polluting units which can impose hardships. And for the effective control of GHG
emissions there must be coordination of the various Ministries. India’s commitment to climate
mitigation and adaptation is considered by many to be critical to the future of an effective post-
2012 international climate regime.

12. CONCLUSION

It is concluded that reducing emissions of greenhouse gases, mainly carbon dioxide, is the
primary way to prevent catastrophic changes in the earth's climate. This can be done by reducing
the burning of fossil fuels used for producing electricity, running motor vehicles, aircraft, ships,
and in industrial production. Moreover, preventing deforestation will also help. Use of renewable
sources of energy like solar, nuclear, wind, hydel power should be encouraged and increased.

29
Combating Global Warming also means changes in high consumption life-styles . These efforts
need to be made soon, because carbon dioxide remains in the atmosphere for 100 years, some
say much longer which means that already accumulated carbon dioxide will continue to warm
the earth for some time even if all emissions were to stop today. Finally, fighting Global
Warming needs to be a global effort because it is a global problem.

30