Impoverished performance while acknowledging  the escalating spherical scaled issue of pollution and  threats and protests pertaining to managing and governing of  the natural resource has persuaded the concern and attentiveness into revaluating  the universal environmental governance followed by reestablishing the contemporary institutional architecture. Various compelling and important natural resources are mutually shared on a regional and global platform.  In spite of the infinitude number of treaties, conferences, conventions, and its agencies, the ongoing mechanism of the global environmental management faced a miscarriage in dispatching and deciphering the contentions regarding trans-boundary pollution, spillovers, and those resources which are being shared.

THE ENVIRONMENTAL ISSUES OF THE 21st CENTURY:

The thinned layer of the  ozone layer or the depletion of the fisheries to the unpredictable  alterations in the climate , the globe comes across a multitude of inherently universal threats and  challenges followed by new studies which bring light to the new menaces and intimidations to the “global commons” which  deserve heedfulness – from airborne mercury .No doubt that few of the environmental issues are confined to the limited geographic scope that can be tackled  at the national front . However, the different governments around the globe are realizing their inability at deciphering the environmental hazards with the international connotations on their own. Action must be taken up collectively for addressing the externalities that ought to be at such proportion upon which the impairment emerges. Along these lines, an operative universal environmental regime turns into an economic and necessity of the ecology.

The ICJ while adjudicating the conflict between Hungary and Slovakia in the famous  Gabeikovo-Nagymaros Project case, had implored the ‘concept of sustainable development’ for suggesting a way ahead. In the monumental  case of Pulp Mills on the River Uruguay , the ICJ had cited to the 1997 judgment in Gabčíkovo-Nagymaros Project and to its Advisory Opinion upon the Legality of the Threat or Use of Nuclear Weapons to reiterate the international obligation .

At present, there is Sustainable Development Goals as well as the 2030 Agenda for Sustainable Development but its representation in the field of global law is still not assertive. Sustainable development has accomplished a prominence that is correspondent to an international norm. It sets forth  objectives for the nations in achieving and regulating their policy, strategy, management and conduct while serving a pivotal and illustrative function while interpreting treaties and also in situations when there arises a dispute between the economical, social environmental considerations and  the legal norms that are related such as the Shrimp Turtle case.

In Gabcikovo-Nagymaros Project (Hungary/Slovakia), it was adhered by the Court   that the joint regime should be restored. For achieving the utmost of the objectives of the Treaty, there was a fundamental exigency for the common utilization of shared water resources thereby not authorizing the defendant for proceeding without the consent of the plaintiff.By signing the “Kyoto Protocol”, all the signatory country recognized to follow the norms in depreciating and weeding out industrial pollution.

The 1992 Rio Declaration puts emphasize upon a requirement that is a contributory and accessible international economic system paving the path to a growth in economy and sustainable development for addressing the issues of environment in a standardized and superior manner.

In the modernistic years, there have been numerous debates and discussions upon the character played by international law in the arena of sustainable development. After  a colossal study and exchange for a decade , the 2002 New Delhi Declaration on the Principles of International Law Related to Sustainable Development was released by the  International Law Association Committee on the Legal Aspects of Sustainable Development released, that determined seven principles which are mentioned below:

• The duty of the States in ensuring that natural resources are used in a sustainable manner and according with international law.
• Eradicating poverty and principle of equity.
• The principle of commonness however with differentiated responsibilities between the States and compatible actors.
• The principle of participation of the public and having access to information and justice.

REVIEW OF LITERATURE:

The link between destruction of the environment and consumption of the resource in an unequal manner, followed by unending poverty and the world’s order of the economy were a topic of discussions and debates for many politicians, scientists, economists and others. The praiseworthy work by Mark Sagoff (1988), has been instrumental in connecting the two areas altogether where he has rightly argued that as citizens instead of consumers, individuals are mainly anxious about the values that cannot be apparently minimized choices or evaluated in terms of money.

The distinction made by Sagoff  in between people being consumers and people being  citizens had been intended for blunting the usage of cost-benefit analysis as being  the ultimate arbiter with regards to discussions regarding the value of nature. The critiques  do not want to terminate and severe the ties of economics from environmental thinking but rather  they refuse reductive and vigorously anthropocentric, tendencies in to convincing that all such problems pertaining to the environment and society are prominent and economically necessary.

VARIOUS CONFERENCES ON ENVIROMENT AND ROLE OF PUBLIC INTERNATIONAL LAW:

STOCKHOLM DECLARATION (1972) AND RIO DECLARATION (1992):

The Sweden Government in the year 1968 had  suggested an international conference to be based upon human environment by the United Nations, which would shift the attention on various issues regarding the environmental degradation and other related problems that was later known as the Stockholm Conference that held in Stockholm from 5 – 16 June 1972.

A second international meeting was held right after two decades of the famous Stockholm Conference that was popularly known as UN Conference on Environment and Development (‘UNCED’), for assessing the developments during those years while fixating upon the relation between protecting the environment and developing the economy. Nine issues pertaining to the environment were addressed by the UNGA which revolved around atmosphere protection, marine environment and biological diversity, managing of wastes, protecting human health and improving the quality of life, etc.

Ten years later, the World Summit on Sustainable Development (‘WSSD’)  took place in Johannesburg, South Africa , for ‘reinvigorating the global commitment to sustainable development’  while identifying new threats and chances and supporting the concept of sustainable development being in conformity with the principle of common but differentiated responsibilities.

A declaration of principles, resolutions and action plans that consisted of 109 recommendations was produced by the participating states in the Stockholm Conference. There were two treaties, the Convention on Biological Diversity and the Framework Convention on Climate Change that were opened for signature at UNCED.

The Stockholm Declaration stresses on the notion that the natural element and the man-made are pre-requisites to the well-being and enjoyment of basic human rights. Further, its preamble identifies that the growth in world population tends to pose as   a huge problem in the preservation of the environment, while depicting a belief that the advancement in science and society   shall improve the quality of the environment every passing day.

PRACTICAL AND LEGAL SIGNIFICANCE OF THE CONFERENCE:

The enunciation of the global values and policies that it had represented became a condition for chartering legal norms in the international arena. The idea of conservation imbibed in its Principles, turned out to be the base for distinctive measures at the national and global front in the consecutive decades. Further, it also did highlight upon the significance of cooperation and planning by considering the engrossments and needs of the countries that are being developed and of the next generation.

The Conference had accelerated multifarious international activities for protecting the environment. Measures were initiated by the Governments for countering   pollution pertaining to marine oil and concluding cutting-edge instruments for wild life conservation.

THE RIO DECLARATION, 1992:

In the year 1983, the Brundtland Commission was created by the UNGA for examining the condemning issues related to environment and development for formulating proposals which were realistic for tackling such issues, to come up with advanced schemes regarding international co-operation and etc.

The Report drove the path to a second global conference on environment which was held in 1992 in Rio de Janeiro, the UNCED, which pinpointed nine burning issues which were of hefty concern such as protecting the atmosphere, land, freshwater resources, marine environment, conserving the biological diversity, remodeling the living and working environments, protecting the health of human beings, etc.

PRINCIPLES OF RIO:

The cardinal conception of the Rio Declaration has to be the notion of sustainable development, as illustrated by the Report that harmonizes development and protection of the environment. A new  attention is diverted to Principle 2 Rio Declaration, that strikes a parity between sovereignty and the duty of averting trans-boundary environmental harm, but further casting the word ‘developmental’ in providing that the nations  possess the right to exploit the resources as per their policies on environment and development.

As per Principle 4 Rio Declaration, environmental protection should incorporate an intrinsic part of the process of development for attaining sustainable development. Similarly, Principle 3 focuses at doing away with poverty while Principle 6, calls for exclusive priority to be given for the requirements of the countries which are at developing stage. Principle 9, aims to strengthen the endogenous sufficient-building for sustainable development through improved scientific understanding.

It is immensely noteworthy to keep a check on the  massive number of Acts that the UN had adopted in the few years  especially when the World unanimously agreed upon at achieving the Millennium Development Goals (MDGs) , the Addis Ababa Action Agenda, the Sustainable Development Goals (SDGs) and the Paris Agreement on Climate Change . The Convention on Climate Change, the G20 consists of a mixed bag of globe’s biggest emerging economies such as Argentina, China, India, United States, etc.

THE SUSTAINABLE DEVELOPMENT GOALS:

Sustainable development is that process which provides the needs to the current generation without having the future generation to compromise with the needs. The Sustainable Development Goals consist of close-knitted and unified package of world’s aspirations that the world commits to attain by the year 2030; the SDGs primarily address the utmost pressing world issues that pose a challenge. The goals comprise of eradicating   all forms of poverty , putting an end to hunger, attaining food security while improving the nutrition level and promotion of sustainable agriculture .The Goals also aim at ensuring healthy and well being of human beings for all ages, ensuring quality education, achieving equality in terms of gender and promoting sustainable development, taking steps at combating climate changing issues and its aftereffects, bolstering the implementation and revitalizing global partnership for sustainable development .

The MDGs had concentrated on multitudinous dimensions of poverty, that included   low incomes, incurable hunger, gender discrimination, lack of education, health care services, denial of clean water and sanitation facilities, etc. Undoubtedly, it was a massive success such as reducing the probability of the child dying before their fifth birthday by fifty percent yet there were still many nations who hardly made the demanded progress, especially upon the issue of environmental sustainability .Further, there has been a consensus about the MDGs scope a must be augmented for reflecting the threats faced by the world at present scenario. The SDG Agenda shall respond to such challenges, and are hence more developed and enlarged than its predecessor. Most notably, it embraces the notion of sustainable development as the chief principle for promoting cooperation at the global level.

The MDGs that conclude at the foot of 2015 mostly focus upon the population that is vulnerable and identifying extreme conditions of poverty, hunger issues, diseases, gender equality, etc. There have been so many nations which had made tremendous progress at attaining the MDGs. In addition, given the UN Millennium Development Goals Report 2015, the world’s maternal mortality ratio has faced a drop by 45%, there has been an improvement in the quality of drinking water, there has been an elimination of the ozone-depleting substances have along with a prediction that the layer of ozone shall be recovered by the mid-century.

THE RELATIONSHIP BETWEEN HUMAN RIGHTS LAW AND ENVIRONMENTAL PROTECTION:

The contemporary environmental movement that started in the belated 1960s identified the close connection of human rights with environmental protection which was eventually codified in the major agreements of international human rights. Most of the nations have adopted a healthy environment as their constitutional right. This right has further been comprehended in various regional human rights instruments such as in Africa, America and elsewhere. In addition, tribunals of the regional human have successfully recognized the human rights which is inclusive of right pertaining to life, health and property and issues of the environment resulting in an expanded and inclusive body comprising of environmental human rights jurisprudence that has taken birth despite the mere absence of a globally identified human right conducive of a healthy environment.

The SDGs are doubtless to say hold mammoth significance to sustainable development while fundamentally to the ongoing development of the linkage between human rights and the environment. The goals presumably deserve praises and accolades. However, most of the goals and targets are very generic at providing guidance in a manner which is practical and in promoting and protecting the human rights and the environment hence a more concrete shape must be made available for them.

ROLE OF PUBLIC INTERNATIONAL LAW IN ENVIRONMENT FROM THE INDIAN PERSPECTIVE:

The term “Environment” is inclusive of a hygienic atmosphere as well as maintains a balance in the ecology. Hence, there is not only a sense of duty to be performed from the part of the State but also a sense of duty should be imbibed in the citizens for protecting and maintain an environment that is clean. There have been bountiful numbers of cases and judgments regarding pollution and degradation of the environment which have found its relevance in the various historical judicial decisions in India.

Article 21 of the Constitution of India conceptualizes the right to life and liberty as one of the essential fundamental rights that is inclusive of protecting and preserving the environment and further sustaining a balance in the ecology which is devoid of any form of pollution, sanitation that pose a threat in the enjoyment of life. Damaging the environment leading to pollution of ecology, air and water are contemplated as massive violation of Right to Life and Liberty making a clean environment an indispensible facet of right to healthy life.

Emission of carbon dioxide into the air tends to alter the pattern of temperature by diffusing heat into the space, commonly known as the “Green House Effect.”Upon realizing and identifying such threat, a movement known as the Chipku Movement was put in motion where the neighboring villages were robbed by the flood caused in the river of Alaknanda due to erosion caused by manmade disaster as result of tree felling. The villagers hugged the trees whenever the authorities came to cut off the trees, this movement spread like wild fire followed by the organizing of various eco-development camps.

WILDLIFE:

The prominent reason for the declination of wildlife around the globe is mainly due to commerce and trade. The doctrine of public trust and the Supreme Court of USA’s observations made in the monumental case of Monolake (National Audubon Society v Supreme Court of Alpine  depicts the concern of the judiciary when it comes to the protection of significant lands, fresh water, wet lands belonging to all the categories. The notion of Sustainable Development has been appreciated and accepted as a concept for eliminating poverty and improving the quality and standard of human life. Some of the essential features are listed below:

• The Precautionary Principle: This principle is with regard to the municipal law which denotes the environmental measures and steps initiated by the State Government and other statutory bodies for anticipating, preventing and attacking all such reasons responsible for degrading the environment. The burden of proof lies on the actor/developer or the industrialists to prove that the actions taken up by his is benign to the environment. This principle has been embraced as part belonging to the land’s law  while Articles such as 21,47,48-A,51-A(g) of the Indian Constitution provided steer clear mandate to the government for protecting and improving the environment and safeguarding the country’s wildlife and forest.
  
  B) The Polluter Pay Principle: The Apex Court has rightly interpreted that the absolute liability for harming the environment extends not only in compensating the victims but also includes the restoration of the degradation done to the environment.

VARIOUS LEGISLATIONS MADE IN INDIA FOR PROTECTING THE ENVIRONMENT  WITH RELEVANT CASE LAWS: Section 268-290 of IPC, concerns with public nuisance revolving around  air pollution, smoke in excess, filth and various activities related to pollution.

• Section 133-143 of CrPc and Section 91 of CPC anticipates that an individual can approach a Magistrate and District Judge respectively by a complaint or petition filed against public nuisance.
  • Further, special damage is claimed for nuisance maker or someone who violates the environment under the Law of Torts .The Water (Prevention and Control of Pollution) Act, 1974.
  • The Environment Protection Act, 1986.
  • Wildlife Protection Act, 1972.
  • The Air (Prevention and Control of Pollution) Act, 1981.
  • The Prevention of Cruelty of Animals Act, 1960.
  • The National Environment Tribunal Act, 1995.

    CASE LAWS:

The Bhopal Gas Leak Disaster (Processing of claims) Act, 1985, gave utmost authority to the Central Government in representing the tragedy victims in compensating the claims against the Company which led to the initiative taken by MC Mehta in using the prominent tool of Public Interest Litigation giving the Apex Court a chance in enunciating fundamental doctrines upon the law of torts, corporate law, etc.

The Apex Court made an interpretation of Article 21 wherein it violated into the territory of environment protection by upholding that environment protection and a man’s right to reside in an eco-friendly atmosphere is a basic fundamental right which is to be assured under Art 21. “Green Benches” are constituted for doing away with the requirement s of litigation connected to the environment.

In Vellore Citizen’s Welfare Forum v UOI, the Apex Court upheld it is not a necessity for the part of the Apex Court in those matters while the Madras High Court lies in a better position at monitoring such maters related to the pollution of the environment due to tanneries in that State while the Chief Justice of the Madras High Court was given a direction for constituting special bench mainly known as “Green Bench” to handle cases in connection to the environment.

In M.C. Mehta v UOI, a case established upon the Pollution Pay Principle, wherein the tanneries in Kolkata discharged toxic effluents that were not treated into the Ganges. The Apex Court gave directions to close such tanneries and relocate along with compensation to be paid to reverse such damage done and handing over the case to the Green Bench for monitoring the issue.

RECOMMENDATIONS:

• To improve the capacity of Taxation and Compliance.

• To strengthen the Sub-National Governments.

• To enhance the Efficiency in Expenditures.

• By building Strong Partnerships with the Private Sector.

• By the smooth flow of Technology Facilitation Mechanism (TFM) for SDGs.

• By monitoring the Data, as well as holding accountability.

• A proper and standard legal framework to be maintained collection of data.

• To properly monitor the framework for SDGs.

CONCLUSION:

Hence, the paramount role played by Public International Law in the arena of environment is huge and beyond praise. Various nations have adopted various measures and steps and goals that had already been aimed at the gigantic conferences and development goal programs. The various nations have incorporated the right to environment as one of their basic rights which is to be guaranteed by the Constitution.  This has only been possible due to the massive influence of public international law at the national level as well as international level. In turn, the concept of sustainable development has gained immense impetus and every State Government as well as human beings are trying to inculcate and implement the notion in order to enjoy the needs of the current generation without having to compromise with the needs of the generation in next.