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Environment

Law

While

important

judgments

constitute

the

backbone

of

environmental

jurisprudence

important laws have been specifically enforced by the

legislature

cn\iroI1mcnt. We have in class discussed the critical aspects of both handout would thus seek to provide further aspects of the law concerning

to

safeguard

the

above.

the.

This

em-ironment.

ISO 9000 I ISO

14000

is a worldwide

federation of national standards bodies from some 130 countries,

The ISO headquarters is located at Geneva, Switzerland. ISO has been developing voluntary technical standards over almost all sectors of business, industry and

technology since 1947 . With the exception of ISO 9000 and ISO 14000 the other

1.1 The International Organization for Standardization

( ISO)

one from each country.

standards are highly specific.

1.2 ISO standards are developed

mainly acsording

to the following:

Consensus between manufacturers / suppliers / users / consumer groups I testing laboratories! governments! engineering professions! research organizations

1.3 ISO 9000 and ISO 14000 in plain language: Both ISO 9000 and ISO 14000 are

actually families of standards, which are referred under generic titles for conveniences. Both families consist of standards and guidelines relating to management systems and related supporting standards on terminology and specific tools such as auditing ( the

process of checking that the management system confirms to the standard).

ISO 9000 is primarily concerned with quality management. Like beauty eyeryone may have his or her idea of what quality is. Therefore in plain language the standardized definition of quality in ISO 9000 refers to all those features of a product that are required by the customer. Quality management means what the organization does to ensure that its products conform to the customer's requirements.

ISO 14000 is primarily concerned with" environment management"

the organization does to minimize harmful effects on the environment caused by its acti\ities.

This means what

Both ISO 9000 and ISO 14000 are about the way an organization

International

Environment

Law

manages

its processes.

The recent judicial intervention surrounding the defacement of Himalayan rocks by PEPSI / MBD BOOKS and COKE and also the public and government campaign W.r.t the Hindustan Lever factory manufacturing thermometers ( and depositing poisonous

\\'astes ) underscores the necessity to understand the International

Environment Law in view of businesses / investment moving across national frontiers.

principles

,

of

2.1 Foremost among the norn1S is Principle 21 of the 1972 Stockholm Declaration '.'n the Human Environment is that states have the sovereign right to exploit their o\\-n resources pursuant to their own environment policies and the res~Dnsibility to

ensure that activities within their jurisdiction or control do not cause damage to the

, I

')

j.

""'

environm\

l1t

of other states or of areas beyond

the limits of national jurisdiction.

.-\nothcr

norm

is the' duty

of

a state

to noti fy and consult

other

states

when

an

operation

is

!ikely

to

harm

the

environment

of other

states.

The

state

is also

c'\pected

hi monitor

and assess emironmemal

conditions

and rep0l1.

A guarantee

and healthy environment.

in the domestic

constitutions

that all citizens

have

a right

to decent

2.4 "Polluter pays ;1ril"iciple,- that is Polluters to bear the costs of remedy I cleanup

.T;"le Suprelllc COUl1 in India has adopted well.(Pepsi/MBD etc )

this

2.5 "Precautionary

Principle"

that

is

a duty

risks, to warn potential

victims of such risks.

to foresee

2.6 Environment

environment

Impact

costs.

Assessment

that

is

to

balance

principle

and

assess

economic

in

India

as

environmemal

benefits

with

2.7 Principle of Sustainable Development that is "using living resources in a manner

that

resources in a manner which ensures the preservation of the species and ecosystems for the benefit of future generations"

does not exceed their natural capacity for regeneration and using natural

2.8 Principle of Intergenerational equity maintains that the present generation has a moral right to maintain the environment for the future generations.

2.9 Principle of common but different responsibilities places the lead on develop~d countries to ensure environment sustenance.