Handbook on International Environmental Agreements

258 Pages·2007·3.4 MB·English

Foreword

I am happy to know that a comprehensive handbook of International Environmental
Law has been brought out by the Ministry of Environment and Forests in
collaboration with the WWF- India. This document fulfills a long felt need of
compiling and analyzing various multilateral environmental treaties with special
reference to India and as they stand after 30 Years since the Stockholm Conference
on Human Environment.

Strengthening human resource capabilities for addressing the challenges of
environment and development is a critical requirement for all countries. An integral
component of such capacity building is the application of environmental law as an
instrument for effectively controlling pollution, conserving natural resources, and
promoting their sustainable use. We also have to strive for integration of
environmental concerns into development processes at all levels, consolidating
environmental rights and duties, ensuring compliance with, and enforcement of
various environmental laws.

Law is an effective means for translating environmental policies that incorporate
global, regional and national priorities, concerns and practices, concerns and
practices, into action. Agenda 21 emphasizes the need to promote the efficacy of
international environmental law as well as the integration of environment and
development policies through international agreements and institutions.

The development of international law is a dynamic process, which requires
continuous examination of not only current, but also future environmental trends and
challenges. International environmental law is inspired by a number of innovative
ideas, concepts and principles, facilitative and enabling mechanisms, and procedures.
Among these are the concepts of sustainable development, the precautionary
approach, polluter pays, common concern for humankind, and common but
differentiated responsibilities of countries. These concepts and norms have been
incorporated in major environmental conventions such as the biodiversity convention,
desertification convention, climate change convention etc. These unique and
characteristic features of international environmental law are crucial for consolidating
the interaction between environmental law and sustainable development, and have
attracted the attention of both professionals and academics.

As the number of international environmental instruments is increasing , the issue of
enforcement and compliance by member countries is becoming a matter of great
concern, especially for the developing countries. As a follow up to Rio, almost all the
countries, especially developing countries, reviewed their national environmental
regulations and reinforced these, often with the establishment of national agencies
and authorities. While these institutional and regulatory changes have helped the
governmental authorities in decision making on environmental issues, there is much
that remains to be done. It is important for these institutions to function effectively,
and at the same time, promote compliance with, and enforcement of environmental
regulations.

Strengthening the capacity of developing countries to protect their environment and
natural resources cannot be achieved solely through the development and adoption of
environmental legislation. In a country like India, deeply entrenched administrative
and management attitudes and approaches conceived in the past often conflict with
the demands of the present in many areas of governance. This requires different
approaches to be followed for strengthening of compliance at the domestic level.

This compilation and analysis of international conventions vis-à-vis India’s role is an
attempt at providing a clear, understandable amount of international environmental
law. This two volume handbook deals with various aspects of environment ranging
from conservation to atmospheric pollution to hazardous substances. I acknowledge
the contribution of CEL, WWF – India in helping the Ministry of Environment and
Forests in bringing out this publication. I sincerely hope that this handbook will result
in greater dissemination of information to a wider audience.

New Delhi.

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Message from SG & CEO, WWF-India

The role of environmental law in fostering sustainable development is significant. It
provides the foundation for governmental policies and actions for the conservation of the
environment and for ensuring that the use of natural resources is both equitable and
sustainable. However, even after over three decades since the introduction of a modern
environmental law regime in India, the state of the environment continues to be a matter
of great concern. Moreover, environmental legal literacy in India is still low and is often
one of the greatest impediments to public participation in environmental decision making.
In the last two decades, a large number of multilateral treaties on environmental subjects
as diverse as Biological Diversity, Climate Change, Long-Range Transboundary Air
Pollution, the Law of the Sea and Desertification have been concluded, with many more
environmental agreements adopted at regional fora or on a bilateral basis. In addition,
numerous ‘soft law’ instruments on the environment have been promulgated such as the
1982 World Charter for Nature, the 1992 Rio Declaration on Environment and
Development, and the 2002 Johannesburg Declaration.

At the national level, on the basis of growing public support, countries throughout the
world are rapidly amending or adding international legislative, regulatory, and
administrative measures for the purpose of enhancing environmental management.
However, despite this rapid development, many problems remain, especially with regard
to the implementation and enforcement of legal measures. In much of the developing
world, including India, the application of environmental law is limited, thereby
undermining the effectiveness of important environmental initiatives.

The range and complexity of the numerous instruments of international environmental
law poses the problem of accessibility to all those dealing with the subject. It is in this
context that the Centre for Environmental Law (CEL), WWF-India, has compiled and
analysed existing international environmental agreements to which India is a party. This
compilation contains international documents dealing with the environment, including
‘hard’ and ‘soft’ law. The main aim of compiling this document is to assist government
officials in their planning and policy making efforts directed at improving the application
of environmental legal provisions and as an easy reference guide for legal practitioners
and civil society organisations. It is hoped that this publication will help in information
dissemination on the complex international environmental regime and further build the
capacity of our society at large.

Ravi Singh
Secretary-General & CEO
World Wide Fund for Nature-India
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Preface

To address environmental issues that India and other countries face, it is imperative
and important to initiate action at all levels - global, regional, national, local, and
community. It is not enough to have international agreements and instruments on
environmental issues; but implementation and enforcement of these policies and
agreements to a large extent determine their impact and effectiveness. To bring about
change at all levels it is important to understand the global scenario and India’s
position in the global arena.

It is in this context that the preparation of the two-Volume Handbook on
International Environmental Agreements, to which India is a party, was undertaken
by the Centre for Environmental Law, WWF-India, supported by the Ministry of
Environment and Forests, Government of India. There was a long-felt need to
document major international environmental agreements signed and ratified by India
in a single publication for easy reference. It is hoped that this publication will help in
understanding India’s international obligations, how they are being addressed at
national and local levels, and also India’s position at the Conference of Parties
(COPs) to the various Multilateral Environmental Agreements (MEAs).

This handbook seeks to provide a comprehensive and cohesive perspective on the
major International Environmental Agreements to which India is a party, along with
India’s position and role in implementing these conventions at the national level. This
handbook is also an attempt to provide grounding to the uninitiated in the arena of
Environmental Law by providing a comprehensive documentation and analysis of
relevant International Environmental Law Agreements along with the relevant COP
and the significant developments therein vis-à-vis India.

The handbook has been categorized sector-wise to make it reader-friendly. The main
volume of the Handbook deals with the International Environmental Agreements
which have been categorized into ten sectors, viz. Overview of International
Environmental Law, Species Conservation, Marine Conservation, Biodiversity
Conservation, Habitat Conservation, Land Conservation, Culture and Nature
Conservation, Atmosphere and Environment, Hazardous Substances, and Trade and
Environment. All the relevant conventions (one or more) are covered under each of
the sectors. In each of the conventions the general scope and important principles are
discussed in detail. An important aspect covered in this section is the enforcement and
compliance component by India wherein the position of India in the COPs and
domestic legislation in the context of India’s international obligations is covered. A
holistic approach towards the understanding of the International Conventions in the
global context and its application to India has been attempted.

The main volume also deals with an introduction and overview of International
Environmental Law including their histories and recent developments. The first
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section introduces the readers to the historical development of the International
conventions with briefs on some significant developments and charters such as the
Stockholm Convention. Important customary principles of international
environmental law recognized globally, such as the Principle of Sustainable
Development, Precautionary Principle, the Polluter Pays Principle, and the Principle
of Common but Differentiated Responsibility, which have been recognized as law in
India, are also discussed in the section.

The second volume of the Handbook (Appendices) deals with the compilation of texts
of the major International Environmental Agreements to which India is a party. Part-I
of this volume deals with Declarations and Charters, which are not binding in nature.
Part-II is a compilation of the major International Environmental Agreements
organized according to six categories: The Atmosphere, Biodiversity Convention,
Wildlife and Heritage, Hazardous Chemicals and Wastes, Marine Environment, and
Desertification.

It is hoped that this voluminous preparation will be a useful guide to government
officers, practitioners, activists, academicians, NGOs, students, and others interested
in the global environmental scenario and India’s stand and position therein.
Increasing realization that the environment should be perceived as being integrated
and interdependent, calls for strategies and action at different levels which will help
in achieving equity and justice at the national, local and global contexts and a step
towards sustainable development. To bring about change at all levels it is important to
understand the global scenario and India’s position in the global arena.

Rajesh Sehgal
Project Coordinator

15 November, 2006

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Acknowledgments

A handbook of this nature cannot be produced without the active support and
involvement of a large number of people. The Centre for Environmental Law, WWF-
India, would like to express gratitude to the Ministry of Environment and Forests
(MoEF) for understanding the need for such a publication and providing the
opportunity to work on it. We would like to extend special thanks to Shri P.V.
Jaykrishnan for taking this initiative. Special thanks are due to Shri S. K. Joshi,
Director (IC) and Ms. Bina Bahri (US), MoEF, for their immense support and advice
at all stages of this project. Dr. Laxmi Raghupathy (AD) is especially acknowledged
for her valuable inputs on the ‘Hazardous Wastes’ chapter. We also benefited from
the useful discussions with Shri Sudhir Mittal, Joint Secretary; Shri Aseem
Srivastava, DIG, Wildlife; Shri J.B. Sharma, DIG (Forest); Shri J R Bhatt, Director
(IC); Smt Sujata Arora, Additional Director; Shri S. K. Rathore, Joint Director; and
Shri Ishwar Singh, Senior Law Officer.

We are grateful to all the authors of the chapters in the publication for their
painstaking work. In this regard, we would like to thank Dr R.S. Rana, Chairman,
Bio-Links, and Former Director, NBPGR; Shri Luther Rangreji, Ministry of External
Affairs (Marine Conservation); Dr. Kalipada Chatterjee and Shri Samrat Sengupta
(Atmosphere and Environment); Dr Swayamprabha Das, WWF-India (Antarctica and
Southern Ocean); and Shri Rajesh Sehgal, CEL-WWF India (Overview of
International Environmental Law, Trade and Environment).

Within the CEL-WWF India, acknowledgements are due to Ms Seema Joshi Arya for
writing specific chapters (Overview of International Environmental Law, Species
Conservation, Habitat Conservation, Land Conservation, Culture and Nature
Conservation, Hazardous Substances: Wastes, and Chemicals and Pesticides). Ms
Veera Kaul Singh, Ex-Director, CEL, was involved at the stage of inception of this
project. Many other colleagues at WWF India provided support and technical input.
For this, we would like to thank Dr Sejal Worah, Dr Parikshit Gautam and
Mr Sudipto Chatterjee.

Special thanks are also due to Mr Varun Sangma, student from NALSAR,
Hyderabad, and Ms Elaine Johnson from Macquarie University (Australia), interns
working with CEL for their valuable research and editorial assistance and to Mr. Jai
Prakash for assistance in printing and photocopying documents.

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Contributors

Dr. R. S. Rana is the Chairperson of Bio-Links and former Director of India’s
National Bureau of Plant genetic Resources. Recipient of the Professor of Eminence
award in genetics, he has been actively involved in promoting implementation of the
Convention on Biological Diversity and combines rich experiences from his working
in lead positions in several scientific institutions and organizations in India and
abroad.

Mr Rajesh Sehgal is working as the Senior Law & Policy Officer with Centre for
Environmental Law (CEL), WWF-India and also the Member of IUCN Commission
on Environmental Law situated at Bonn, Germany, E-mail: [email protected]

Ms Seema Joshi Arya has worked as the Law Officer at the Centre for Environmental
Law, WWF-India, E-mail: [email protected]

Dr Luther M. Rangreji is the Legal Officer, Ministry of External Affairs, Legal and
Treaties Division. Views expressed in his chapter are those of author and do not in
any way reflect position of the Government, E-mail: [email protected]

Dr Kalipada Chatterjee is the Manager, Climate Change Centre, Development
Alternatives, E-mail: [email protected]

Dr (Ms) Swayamprabha Das is working as Coordinator (Oceans & Costs
Programme) with WWF-India and also the Member – Subgroup on Tourism & NGOs
activities in Antarctica, Dept of Ocean Development, Government of India, E-mail:
[email protected]

Mr Samrat Sengupta has worked as the Senior Policy Officer, Climate Change &
Energy Programme, WWF-India, E-mail: [email protected]

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List of Abbreviations

AGBM – Adhoc Group on the Berlin Mandate
AIA – Advance Informed Agreement
ASMA – Antarctic Specially Managed Area
ASOC – Antarctic and Southern Ocean Coalition
ASPA – Antarctic Specially Protected Area
ATCM – Antarctic Treaty Consultative Meeting
ATCPs – Antarctic Treaty Consultative Parties
ATS – Antarctic Treaty System
BAS – British Antarctic Survey
BDA – Biological Diversity Act
BMC – Biodiversity Management Committees
CBD – Convention on Biological Diversity
CCAMLR – Convention on the Conservation of Antarctic Marine Living
Resources
CCAR – Canadian Committee on Antarctic Research
CCOL – Coordinating Committee on Ozone Layer
CCS – Convention for the Conservation of Antarctic Seals
CDM – Clean Development Mechanism
CEE – Comprehensive Environmental Evaluation
CEL – Centre for Environmental Law
CEP – Committee for Environmental Protection
CFCs – Chloro Fluoro Carbons
CHM – Common Heritage of Mankind
CITES – Convention on International Trade in Endangered Species of
Wild Flora and Fauna
CMS – Convention on the Conservation of Migratory Species of
Wild Animals
CO – Carbon Monoxide
COMNAP – Council of Managers of National Antarctic Programmes
COP – Conference of Parties
CPRLS – Common Property Resource Lands
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CRAMRA – Convention on the Regulation of Antarctic Mineral Resource
Activities
CRIC – Committee for the Review of the Implementation of the
Convention
CRZ – Coastal Regulation Zones
CSD – Commission on Sustainable Development
CST – Committee on Science and Technology
DNA – Designated National Authority
DOD – Department of Ocean Development
ECOSOC – Economic and Social Committee of the United Nations
EEZ – Exclusive Economic Zone
EIA – Environmental Impact Assessment
ENVIS – Environment Information System
EPA – Environment Protection Act
ESM – Environmentally Sound Management
ESTs – Environmentally Sound Technologies
EXIM – Export-Import
FAO – Food and Agricultural Organization
FCA – Forest Conservation Act
GAEC – Genetic Engineering Approval Committee
GATT – General Agreement on Tariffs and Trade
GEF – Global Environmental Fund
GMOs – Genetically Modified Organizations
IAATO – International Association of Antarctica Tour Operators
ICCROM – International Centre for the Study of the Preservation and
Restoration of Cultural Property
ICFRE – Indian Council of Forestry Research and Education
ICJ – International Court of Justice
ICOMOS – International Council on Monuments and Sites
ICRW – International Convention for the Regulation of Whaling
ICSU – International Council for Science (formerly International
Council of Scientific Unions)
ICZM – Integrated Coastal Zone Management
IDA – Island Development Authority
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