HISTORICAL EVOLUTION OF ENVIRONMENTAL LAW
Evolution of International Environmental Law
What is International Environmental Law?
It is a set of rules and principles created by different countries to protect the environment
globally. These laws help manage environmental problems and ensure a balance between
economic development and environmental protection.
Why Did Environmental Law Develop?
1️. Growing Environmental Problems
• Pollution, climate change, deforestation, and species extinction became major concerns.
• Countries realized the need for global cooperation to solve these issues.
2️. Balancing Economy & Environment
• Industrialization and economic growth harm nature if not controlled.
Laws ensure sustainable development—progress without destroying the environment.
Early International Environmental Agreements
These agreements were among the first international efforts to protect wildlife and natural
habitats.
1️. 1902 Paris Convention (Europe)
• Protected birds useful to agriculture.
• Banned killing birds, destroying their nests, or taking their eggs.
• Exceptions: Allowed only for scientific research or to increase bird populations.
2. 1933 London Convention (Africa)
• Applied to Africa, focusing on protecting wild animals and plants.
• Encouraged the creation of national parks.
• Controlled hunting (e.g., banned harmful hunting methods).
• Regulated hunting trophy exports to stop illegal wildlife trade.
3️. 1940 Washington Convention (Americas)
• Aimed at protecting nature in North & South America.
• Encouraged countries to create national parks & wildlife reserves.
• Focused on the preservation of wild plants and animals.
• Promoted international cooperation for research on nature conservation.
Environmental Agreements (1950s-1960s)
During the 1950s and 1960s, international agreements focused on water pollution and the
impact of nuclear technology on the environment.
4. 1954 London Convention (Sea Pollution)
• Aimed to prevent oil pollution in the ocean.
• Banned ships from dumping oil into the sea.
• Helped protect marine life and coastal environments.
5. 1958 Four Treaties (Ocean Laws)
These agreements created international rules for ocean use:
• Convention on the Territorial Sea & Contiguous Zone – Defined how far a country’s
control extends into the sea.
• Convention on the Continental Shelf – Set rules for resource use under the ocean.
• Convention on the High Seas – Ensured freedom of navigation and protection of
marine resources.
• Convention on Fishing & Conservation of Living Resources – Regulated overfishing
and protected marine species.
6. 1963 Moscow Treaty (Nuclear Ban)
• Banned nuclear weapon tests in the atmosphere, outer space, and underwater.
• Aimed to prevent radioactive pollution and protect human health.
• Signed by major powers like the USA, USSR, and UK.
Key Takeaway
These agreements helped shape modern environmental law by reducing pollution,
protecting marine resources, and preventing nuclear contamination. These early
agreements set the foundation for modern environmental protection laws, leading to
stronger international treaties like the CITES Convention (1973) and the Convention on
Biological Diversity (1992).
1972 Stockholm Conference & Key Environmental Agreements
The United Nations Stockholm Conference on the Human Environment (1972) was a major
event in global environmental protection. It was the first international meeting focused on
solving environmental problems.
1️. 1972 Stockholm Conference
• Held in Stockholm, Sweden to discuss how to protect and improve the environment.
• First-ever international conference on environmental issues.
• Led to the Stockholm Declaration, which introduced 26 key principles for
environmental protection.
• Marked the beginning of international environmental law.
2️. 1972 Convention on Marine Pollution
• Aimed to stop waste dumping in the ocean.
• Helped reduce marine pollution and protect sea life.
3️. 1972 World Heritage Convention
• Focused on protecting important natural and cultural sites around the world.
• Led to the creation of World Heritage Sites (e.g., ancient landmarks, forests, wildlife
reserves).
4️. 1973 CITES (Wildlife Protection)
• Stands for Convention on International Trade in Endangered Species.
• Banned illegal trade of endangered animals and plants.
• Helped protect species like elephants, tigers, and rare plants from extinction.
Key Takeaway
The 1972 Stockholm Conference and its agreements laid the foundation for modern
environmental laws. They focused on pollution control, wildlife conservation, and
protecting natural heritage.
1972 Stockholm Action Plan for the Human Environment
The Action Plan for the Human Environment was a key outcome of the 1972 Stockholm
Conference. It introduced three main themes to tackle environmental issues globally.
1️. Global Environmental Assessment
• Set up a system to monitor and study environmental problems worldwide.
• Helped in identifying pollution sources and climate issues.
2️. Environmental Management Activities
• Focused on rules and policies for managing environmental challenges.
• Encouraged governments and industries to adopt sustainable practices.
3️. Education & Public Awareness
• Promoted public education on environmental issues.
• Trained environmental experts to create solutions.
• Raised awareness about how individuals and communities can help.
Creation of UNEP (United Nations Environment Program)
• The first-ever global organization dedicated to environmental protection.
• Established in Nairobi, Kenya in 1972.
• Works on climate change, pollution control, and conservation.
Key Principles from the 1972 Stockholm Declaration
Principle 2: Protecting Natural Resources
• Earth’s resources (air, water, land, plants, and animals) must be protected for both
present and future generations.
• This should be done through careful planning and management to ensure sustainability.
Principle 4: Responsibility for Wildlife and Nature
• Humans have a duty to protect wildlife and their habitats, which are under threat.
• Conservation of nature should be a priority in economic planning.
Principle 5: Sustainable Use of Non-Renewable Resources
• Resources like coal, oil, and minerals must be used wisely to avoid running out.
• Their benefits should be shared fairly among all people.
Principle 6: Stopping Pollution
• Toxic substances, harmful chemicals, and excess heat must not be released in amounts
that harm ecosystems.
• Support should be given to developing countries in their fight against pollution.
Why These Principles Matter?
These principles emphasize conservation, sustainability, and fairness in using Earth’s
resources. They encourage global responsibility in protecting the environment for future
generations.
World Charter for Nature (1982) – Key Points
The World Charter for Nature (1982) highlights the deep connection between humans and
nature. It stresses that protecting nature is essential for human survival.
Key Principles:
1️. Humans are part of nature – Our lives depend on natural systems that provide energy and
nutrients.
2️. Nature must function properly – If ecosystems are disrupted, human needs cannot be met.
3️. Conservation is essential – Protecting nature should be a key part of economic and social
development.
4️. Global commitment – Member states should integrate the Charter into their laws and
policies.
Why It Matters?
This Charter promotes a balance between development and environmental protection,
ensuring that future generations inherit a healthy planet.
World Commission on Environment and Development (WCED) – 1983
The WCED (1983) was an independent body working outside the UN system to create a long-
term environmental strategy for sustainable development.
Key Objectives:
1️. Balance Environment & Development – Find ways to protect nature while allowing
economic growth.
2️. Promote Global Cooperation – Encourage nations to work together on environmental issues.
3️. Influence Policy Changes – Suggest new policies to help governments and businesses adopt
sustainability.
4️. Raise Awareness & Action – Educate people, businesses, and governments about sustainable
development.
"Our Common Future" (1987) Report
• Defined Sustainable Development as:
"Development that meets the needs of the present without compromising the ability
of future generations to meet their own needs."
• Emphasized economic growth while ensuring environmental protection.
• Stressed the fair sharing of environmental costs and benefits within and between
countries to achieve social justice and sustainability.
Why It Matters?
The WCED's work shaped modern sustainability policies and influenced global agreements on
development and climate action.
1992 United Nations Rio Conference on Environment and Development
The Rio Conference (Earth Summit) took place in Rio de Janeiro, Brazil, marking 20 years since
the 1972 Stockholm Conference. It was a major step in shaping international environmental
law and sustainable development policies.
Key Outcomes: Four Major Documents
1️. Rio Declaration on Environment and Development – Set 27 principles for sustainable
development, including the Precautionary Principle and Polluter Pays Principle.
2️. U.N. Framework Convention on Climate Change (UNFCCC) – Laid the foundation for global
climate action, leading to the Kyoto Protocol (1997) and Paris Agreement (2015).
3️. Convention on Biodiversity (CBD) – Aimed to protect ecosystems, species, and genetic
resources globally.
4️. Agenda 21 – A detailed global action plan for sustainable development at local, national,
and global levels.
Other Key Decisions
Forest Principles – A non-legally binding framework for managing forests sustainably.
Convention on Desertification – Later negotiated to address land degradation in dry
regions.
New Institutions Created
Commission on Sustainable Development (CSD) – To monitor progress on sustainability
goals.
Global Environment Facility (GEF) – A financial institution supporting environmental
projects worldwide.
Why It Matters?
The Rio Summit strengthened global cooperation on climate change, biodiversity, and
sustainability. It influenced modern environmental agreements and remains a foundation for
current global policies.
The Earth Charter (2000) – A Vision for a Just and Sustainable World
The Earth Charter was launched in The Hague, Netherlands, in 2000 as a non-binding soft law
document. It presents a global ethical framework for creating a just, sustainable, and peaceful
world.
Key Idea
The Charter expands on human freedoms—such as expression, dignity, and security—and
adds the right to live in harmony with nature.
Four Core Principles
1️⃣ Respect and Care for the Community of Life – Recognizing that all life forms are
interconnected and must be treated with respect and responsibility.
2️⃣ Ecological Integrity – Protecting Earth’s ecosystems, conserving resources, and promoting
renewable energy.
3️⃣ Social and Economic Justice – Ensuring that all people have access to basic needs and fair
opportunities.
4️⃣ Democracy, Non-Violence, and Peace – Promoting democratic institutions, human rights, and
global peace.
Why It Matters?
The Earth Charter is widely used by governments, NGOs, and educational institutions to
guide policies and ethical decision-making.
It links environmental responsibility with social justice, showing that sustainability must be
both ecological and human-centered.
Johannesburg World Summit on Sustainable Development (WSSD)
Would you like a comparison between the Earth Charter and the Rio Declaration?
The Johannesburg World Summit on Sustainable Development (WSSD), held in Johannesburg,
South Africa, in 2002, marked a critical moment in the global sustainability dialogue. The
Summit aimed to review Agenda 21, a framework established at the 1992 Earth Summit in Rio
de Janeiro, and assess progress made in the past decade towards achieving sustainable
development. The WSSD sought to ensure the balanced integration of three critical pillars of
sustainable development: economic growth, social progress, and environmental protection.
Key Outcomes:
The WSSD led to the creation of two significant documents:
1. Johannesburg Declaration on Sustainable Development
This declaration reaffirmed the global commitment to achieving sustainable
development by balancing economic, social, and environmental priorities. It called for
concrete actions to reduce poverty, improve livelihoods, and preserve the environment.
2. Johannesburg Plan of Action
This action plan outlined specific measures and commitments to be taken by
governments, international organizations, and civil society to accelerate sustainable
development. It included guidelines and time-bound targets for the implementation of
sustainable practices across various sectors.
Priorities and Focus Areas:
The summit placed a strong emphasis on addressing the critical global challenges of poverty
and underdevelopment. Poverty eradication was emphasized as the overarching goal of
sustainable development efforts. The Plan of Implementation identified several focal areas for
priority action, often referred to as the WEHAB framework:
• Water: Ensuring universal access to safe drinking water and sanitation.
• Energy: Promoting sustainable energy solutions, including renewable energy.
• Health: Addressing the links between health, poverty, and environmental degradation.
• Agriculture: Promoting sustainable agricultural practices to support food security.
• Biodiversity: Protecting the global environment and biodiversity from the threats posed
by over-exploitation and climate change.
Critical Highlights:
The WSSD also called for stronger commitment to implementation with clear timeframes to
monitor progress. The Summit underscored the importance of multilateral cooperation, the
involvement of the private sector, and civil society participation in achieving sustainable
development goals.
In conclusion, the Johannesburg Summit marked a turning point in sustainable development
efforts, reiterating the importance of holistic, integrated approaches to addressing global
challenges, with a particular focus on poverty eradication and environmental protection.
World Summit of the United Nations General Assembly in 2005
The 2005 World Summit of the United Nations General Assembly reaffirmed the global commitment to
sustainable development and the implementation of Agenda 21 and the Johannesburg Plan of
Implementation. This Summit was crucial in maintaining momentum towards achieving the goals of
sustainable development outlined in previous global conferences and plans.
Key Outcomes:
The 2005 World Summit Outcome was adopted by the UN General Assembly and emphasized
several important goals and strategies for tackling pressing global issues. Some of the core
commitments highlighted were:
1. Promoting a Recycling Economy
The Summit underscored the importance of creating a circular economy that minimizes
waste and maximizes the reuse and recycling of resources. This shift is seen as essential
for addressing climate change, reducing resource depletion, and fostering more
sustainable consumption patterns globally.
2. Tackling Climate Change
The 2005 Summit reaffirmed the commitment to mitigating climate change by
promoting cleaner technologies, reducing carbon emissions, and fostering international
cooperation to address the global environmental crisis.
3. Promoting Clean Energy
The Summit called for the acceleration of efforts to promote clean energy solutions,
particularly renewable sources such as wind, solar, and hydroelectric power. This
included enhancing energy efficiency and supporting initiatives that reduce dependence
on fossil fuels, in line with the broader sustainable development goals.
4. Fighting Hunger
Combatting hunger and achieving food security were placed at the forefront of the
Summit's agenda. It emphasized the need for international cooperation and targeted
strategies to reduce food insecurity and ensure that vulnerable populations, especially
in developing countries, have access to adequate nutrition.
5. Access to Clean Drinking Water and Basic Sanitation
The 2005 Summit highlighted the continued global challenge of water scarcity and lack
of sanitation. The Outcome document called for enhanced efforts to provide universal
access to clean drinking water and sanitation, with a focus on addressing the needs of
marginalized communities.
Broader Implications:
The 2005 World Summit reinforced the need for global cooperation and the collective
implementation of strategies to address these interlinked issues. It placed significant emphasis
on partnerships between governments, the private sector, civil society, and international
organizations to ensure the achievement of sustainable development goals. Moreover, the
Summit highlighted the importance of financing and technological innovation to drive
progress in these areas.
Conclusion:
The 2005 World Summit Outcome reiterated and built upon the commitments made at earlier
summits, such as the Johannesburg Summit, and set a clear path for addressing key challenges
of the 21st century, such as climate change, energy transition, hunger, and access to basic
needs. The focus on a recycling economy, clean energy, and sustainable development was
vital for framing future international policies and actions in these areas.
United Nations Conference on Sustainable Development(UNCSD/Rio+20), 2012
The main outcome was a document called ‘The Future We Want’, which highlights important
issues and challenges in achieving sustainable development.
The Rio+20 Summit continued discussions from the earlier WSSD. The outcome document
focused on:
• Inclusive and equitable economic growth: Growth that benefits everyone.
• Reduction of inequalities: Decreasing differences between rich and poor.
• Raising basic standards of living: Improving the quality of life for all.
• Equitable social development: Fair social progress for everyone.
• Sustainable management of natural resources: Using resources wisely to protect the
environment.
These goals aim to ensure a better, fairer, and more sustainable future for all.
The outcome document of the Rio+20 Summit reaffirms the three key pillars of sustainable
development:
• Economic development
• Social development
• Environmental protection
It also stresses that poverty eradication is essential for achieving sustainable development.
Additionally, it highlights the need for technology transfer to developing countries. Finally,
the document calls for strengthening the institutional framework to support sustainable
development.
In 2015, the United Nations General Assembly adopted the document “Transforming Our
World: The 2️03️0 Agenda for Sustainable Development.”
The document includes:
• A Preamble
• A Declaration
• 17 Sustainable Development Goals (SDGs)
• Observations on implementation
The 2030 Agenda aims to eradicate poverty and achieve sustainable development
worldwide by 2030, ensuring no one is left behind. The 17 SDGs cover areas such as:
• Environment and sustainability of natural resources
• Poverty
• Health
• Food and agriculture
• Water and sanitation
• Human settlements
• Energy
• Climate change
• Sustainable consumption and production
• Oceans and terrestrial ecosystems
Many of these goals have a direct focus on environmental protection and sustainability.
Evolution of Environmental Law in SRI LANKA
Sri Lanka's Tradition of Environmental Conservation
Sri Lanka has a long history of environmental conservation, which is deeply rooted in Buddhist
teachings and ancient customs. The country’s cultural and religious beliefs have long supported
the idea of biodiversity conservation.
• Ancient Kings and Conservation: Kings in ancient Sri Lanka protected animals and
forests. They established sanctuaries and conserved natural resources, including water.
• Buddhism's Influence: The introduction of Buddhism in the 3rd century BC changed the
attitude of rulers toward conservation. King Devanampiya Tissa, one of the earliest
kings, was influenced by a Buddhist monk, Arahat Mahinda thero. While on a hunting
trip, the monk advised the king that animals have an equal right to live as humans do.
This advice led the king to stop hunting and declare the Mihintale area a sanctuary for
animals. This act is often seen as the creation of the world’s first wildlife sanctuary.
• King Parakramabahu I: Another important ruler, King Parakramabahu I, promoted
environmental responsibility. He famously stated, “Let not even a drop of water flow
into the ocean without being made useful for the benefit of all Earth.” This quote
reflects his commitment to using natural resources for the common good.
• Colonial Impact: During British rule, there was a shift from conservation to exploitation
of resources. However, the traditions of sustainable use and protection of nature have
persisted through time.
In summary, Sri Lanka's environmental conservation has deep roots in Buddhism and the
practices of ancient kings, with a focus on protecting animals, forests, and natural resources for
the benefit of all living beings.
King Elara and His Commitment to Justice
King Elara, who ruled Sri Lanka from 204 to 164 BC, is remembered for his deep sense of justice
and fairness. According to the Mahavamsa, a key historical text, the king took extraordinary
steps to ensure his subjects could easily voice complaints. He had a bell hung above his bed,
with a rope extending out of the window. Anyone who wished to report an injustice could
ring the bell, and the king would hear them.
One of the most significant tests of King Elara's justice occurred when a chariot driven by his
own son ran over and killed a calf. The grief-stricken mother cow rang the bell, pleading for
justice for her lost child.
The king's response was remarkable and displayed his unwavering commitment to fairness. He
ordered that his son be executed in the same manner the calf had died, ensuring he
experienced the same suffering and pain that the mother cow had felt.
This story, as told in the Mahavamsa, highlights how King Elara valued all life equally, whether
human or animal, and was determined to uphold justice regardless of the circumstances.
King Buddhadasa and His Compassion
King Buddhadasa ruled from 341 to 370 AD and is known for his skills in medicine, surgery, and
veterinary sciences. He was also famous for his kindness and compassion towards all living
creatures, treating them as a father would his sons.
A well-known story from the Mahawamsa describes how the king showed compassion towards
a snake suffering from pain. The king gently spoke to the snake, asking it not to bite him out of
anger. The snake, understanding the king’s kindness, withdrew its head to avoid harm. The king
then performed surgery on the snake and cured it. In gratitude, the snake gave the king a
precious gem.
King Buddhadasa also created botanical parks to grow valuable medicinal plants. One of these
parks, the Nilgala Forest Reserve, still exists today. Unfortunately, it has been threatened by
land grabs and deforestation for commercial purposes such as growing rubber, plantains, and
sugarcane.
This shows how King Buddhadasa was not only a wise and skilled ruler but also deeply caring
for all life.
Modern History of Environmental Law in Sri Lanka
• 1848 - Timber Ordinance: Introduced to preserve forests for timber production.
• 1885 - Forest Ordinance: Provided some forest protection, mainly for sustainable wood
production and limited wildlife protection.
• 1907 - Forest Ordinance No. 16: Improved forest protection, established reserved
forests and village forests, and regulated timber exploitation.
• 1937 - Fauna and Flora Protection Ordinance (FFPO): Focused on wildlife and habitat
conservation.
• Amendments:
o Act No. 49 of 1993
o Act No. 22 of 2009
• National Environmental Act No. 47 of 1980
o Amendments: Act No. 56 of 1988, Act No. 53 of 2000
o Provides the legal framework for environmental protection and management in
Sri Lanka.
• Coastal Conservation Act No. 57 of 1981
o Amendment: Act No. 49 of 2011
o Regulates coastal zone management and conservation efforts.
• Marine Pollution Prevention Act No. 35 of 2008
o Aims to prevent, control, and reduce pollution in territorial waters, maritime
zones, fore-shores, and coastal areas of Sri Lanka.
