The earth is warming up, and there is now overwhelming scientific consensus that it is happening, and human-induced.

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The earth is warming up, and there is now overwhelming scientific consensus that it is happening, and human-induced.

CHAPTER-I

1.1. Introduction:

The climate is changing. The earth is warming up, and there is now overwhelming scientific consensus that it is happening, and human-induced. With global warming on the increase and species and their habitats on the decrease, chances for ecosystems to adapt naturally are diminishing.

Many are agreed that climate change may be one of the greatest threats facing the planet. Recent years show increasing temperatures in various regions, and/or increasing extremities in weather patterns.

Since few centuries, we have been observing the increase in the average temperature of

the Earth’s near-surface air and oceans. The predicted countries vulnerable to such global

Warming is much more concerned about its devastating aftermath for many environ

mental scientists consider global! Warming as the greatest environmental threat of the 21st Century- Bangladesh will be one of the most serious victim countries of global warming due to its geographical location.

Climate change is any long-term change in the statistics of weather over periods of time that range from decades to millions of years. It can express itself as a change in the mean weather conditions, the probability of extreme conditions, or in any other part of the statistical distribution of weather. Climate change may occur in a specific region, or across the whole Earth.

In recent usage, especially in the context of environmental policy, climate change usually refers to changes in modern climate (see global warming). For information on temperature measurements over various periods, and the data sources available, see temperature record. For attribution of climate change over the past century.

1.2. Nature and Scope of the Study:

Research has shown that air pollutants from fossil fuel use make clouds reflect more of the sun’s rays back into space. This leads to an effect known as global dimming whereby less heat and energy reaches the earth. At first, it sounds like an ironic savior to climate change problems. However, it is believed that global dimming caused the droughts in Ethiopia in the 1970s and 80s where millions died, because the northern hemisphere oceans were not warm enough to allow rain formation. Global dimming is also hiding the true power of global warming. By cleaning up global dimming-causing pollutants without tackling greenhouse gas emissions, rapid warming has been observed, and various human health and ecological disasters have resulted, as witnessed during the European heat wave in 2003, which saw thousands of people die.

The world mostly agrees that something needs to be done about global warming and climate change. The first stumbling block, however, has been trying to get an agreement on a framework. In 1988, the Intergovernmental Panel on Climate Change (IPCC) was created by the United Nations Environment Programme (UNEP) and the World Meterological Organization (WMO) to assess the scientific knowledge on global warming. The IPCC concluded in 1990 that there was broad international consensus that climate change was human-induced. That report led way to an international convention for climate change, the United Nations Framework Convention on Climate Change (UNFCCC), signed by over 150 countries at the Rio Earth Summit in 1992. This section looks at this Convention and some of the main principles in it.

1.3. Objective of the Study:

A change has already affected some small island nations. Climate justice, equity and sustainable development are all important parts of this debate that are often left out of mainstream discourse. Equal rights to the atmosphere for all human beings and equity within and between nations are paramount.

An agreed principle was that of common but different responsibilities.

That is, when the world’s majority countries signed up to climate change Convention (including countries like the US who would later withdraw from the subsequent Kyoto Protocol) it was agreed that it is today’s rich nations who are the ones responsible for global warming as greenhouse gases tend to remain in the atmosphere for many decades, and rich countries have been industrializing and emitting climate changing pollution for many more centuries than the poor countries.

It was also agreed that the poor countries had pressing needs to meet basic needs and eradicate poverty. As a result, it was agreed that it would be unfair to put emissions restrictions on poor countries when it is the rich countries who have caused the problems growing concern from developing countries and various NGOs is the need for public participation and the effect on populations and poor countries that global warming negotiations have. The impacts of climate change will be felt on the world’s poorest countries the most.

Flexibility mechanisms were defined in the Kyoto Protocol as different ways to achieve emissions reduction as part of the effort to address climate change issues. These fall into the following categories: Emissions Trading, Joint Implementation and Clean Development Mechanism. However, these have been highly controversial as they were mainly included on strong US insistence and to keep the US in the treaty. Some of the mechanisms face criticism for not actually leading to a reduction in emissions, for example.

1.4. Importance of the Study:

A growing concern from developing countries and various NGOs is the need for public participation and the effect on populations and poor countries that global warming negotiations have. The impacts of climate change will be felt on the world’s poorest countries the most. In some cases, climate changes have already affected some small island nations. Climate justice, equity and sustainable development are all important parts of this debate that are often left out of mainstream discourse. Equal rights to the atmosphere for all human beings and equity within and between nations are paramount.

An agreed principle was that of common but different responsibilities.

That is, when the world’s majority countries signed up to climate change Convention (including countries like the US who would later withdraw from the subsequent Kyoto Protocol) it was agreed that it is today’s rich nations who are the ones responsible for global warming as greenhouse gases tend to remain in the atmosphere for many decades, and rich countries have been industrializing and emitting climate changing pollution for many more centuries than the poor countries.

It was also agreed that the poor countries had pressing needs to meet basic needs and eradicate poverty. As a result, it was agreed that it would be unfair to put emissions restrictions on poor countries when it is the rich countries that have caused the problems.

Nonetheless, some poor countries have already started to make emission reductions, showing that the rich countries can do it to.

Research has shown that air pollutants from fossil fuel use make clouds reflect more of the sun’s rays back into space. This leads to an effect known as global dimming whereby less heat and energy reaches the earth. At first, it sounds like an ironic savior to climate change problems. However, it is believed that global dimming caused the droughts in Ethiopia in the 1970s and 80s where millions died, because the northern hemisphere oceans were not warm enough to allow rain formation. Global dimming is also hiding the true power of global warming. By cleaning up global dimming-causing pollutants without tackling greenhouse gas emissions, rapid warming has been observed, and various human health and ecological disasters have resulted, as witnessed during the European heat wave in 2003, which saw thousands of people die.

CHAPTER-II

Global Warming

2.1 Definition of Global Warming:

Global Warming is defined as the increase of the average temperature on Earth. As the Earth is getting hotter, disasters like hurricanes, droughts and floods are getting more frequent.

Global warming is the increase in the average temperature of the Earth’s near-surface air and oceans, and its projected continuation.

Global warming is potential increase in average global atmospheric temperatures resulting from the greenhouse effect.[1]

Global warming is the next big impact that will bring about a change in the weather patterns. By definition, Global Warming is the increase in average temperature that gradually warms the Earth’s atmosphere. It is a phenomenon, which has been on the rise but in the last century, the increase in the levels have been alarming.

The average temperature of the atmosphere has risen by 0.74 – 0.18 °C during the last century. According to the study by the Intergovernmental Panel on Climate Change (IPCC), it is observed that the increase in global average temperature has been caused due to an increase in greenhouse gas concentrations. This has led to an unprecedented warming of the Earth’s surface.

The other phenomena’s responsible for global warming include volcanoes and solar variations. Base on some of the models by the IPCC, the prediction is that the global temperature is likely to rise by 1.1 to 6.4 °C between 1990 and 2100. This increase in temperature will cause climatic changes and extreme weather conditions like rising sea level, change in the amount of precipitation, above average rainfall, melting of polar ice caps and glaciers, storms and hurricanes.[2]

2.2. Steps of Global Warming:

Broadly speaking, sunlight solar energy reaches to the earth atmosphere in three forms:

(i) Ultra Violet Radiation;

(ii) Visible light; and

(iii) Infra-red & radio waves.

During the day time, visible light and infrared & radio waves come to the earth and some of its hit is absorbed by the earth and the rest goes back into the atmosphere. After entering the atmosphere, part of this hit is absorbed by Carbon dioxide and water vapor present in the atmosphere and the rest its absorbed into the universe. During the night, when, there is no sunlight, Carbon dioxide and water vapor release this hit to the earth. Otherwise the earth would be cooled and the survival of life would be impossible.

Carbon dioxide and water vapor, thus, balances the temperature. However, due to relatively recent increase, of the concentration of CO2, CFCs, methane (CK4), nitrous oxide (N2O), the temperature is rising gradually and hitting ozone layer. As a result, ozone hole that is noted cause Ultra violet rays to reach directly to the earth, and global warming. Thus, global warming is the result of green house effect.

1. Visible light and infra-red rays pass through the CO2 into the lower region of the atmosphere.

2. Incoming energy is converted to heat

3. Longer, infra-red wavelengths hit green-house gas molecules in the atmosphere

4. Greenhouse gas molecules in the atmosphere emit Infrared radiation back towards earth.

5. Greenhouse gases being more concentrated into the atmosphere hit the ozone layer and cause ozone hole.

6. Ultra violet rays hit the earth directly and cause global warming.

2.3. Green House Effect:

Greenhouse Gases:

Carbon Dioxide (CO7)

Source: Fossil fuel burning, deforestation

Methane (CH4)

Source: Rice cultivation, cattle & sheep

ranching, decay from mining.

Nitrous oxide (N7O)

Source: Industry and agriculture (fertilizers)

CFCs:

Source: fridge, refrigerator, air conditioner, aerosol etc. These Greenhouse gases absorb infrared radiation and prevent it from escaping to space.

The greenhouse effect is the rise in temperature that the Earth experiences because certain gases in the atmosphere (water vapor, carbon dioxide, nitrous oxide, and methane, for example) trap energy from the sun. Without these gases, heat would escape back into space and Earth’s average temperature would be about 60ºF colder. Because of how they

Warm our world; these gases are referred to as greenhouse gases. [3]

Picture-1

Most greenhouses look like a small glass house. Greenhouses are used to grow plants, especially in the winter. Greenhouses work by trapping heat from the sun. The glass panels of the greenhouse let in light but keep heat from escaping. This causes the greenhouse to heat up, much like the inside of a car parked in sunlight, and keeps the plants warm enough to live in the winter.

The Earth’s atmosphere is all around us. It is the air that we breathe. Greenhouse gases in the atmosphere behave much like the glass panes in a greenhouse. Sunlight enters the Earth’s atmosphere, passing through the blanket of greenhouse gases. As it reaches the Earth’s surface, land, water, and biosphere absorb the sunlight’s energy. Once absorbed, this energy is sent back into the atmosphere. Some of the energy passes back into space, but much of it remains trapped in the atmosphere by the greenhouse gases, causing our world to heat up.

Pic-2

The greenhouse effect is important. Without the greenhouse effect, the Earth would not be warm enough for humans to live. But if the greenhouse effect becomes stronger, it could make the Earth warmer than usual. Even a little extra warming may cause problems for humans, plants, and animals.[4]

Our atmosphere is but a tiny layer of gas around a huge bulky planet. But it is this gaseous outer ring and its misleadingly called greenhouse effect that makes life on Earth possible and that could destroy life as we know it.

  1. The Greenhouse Effect
  2. Global warming causes and effects at a glance.

The sun is the Earth’s primary energy source, a burning star so hot that we can feel its heat from over 150 million kilometers away. Its rays enter our atmosphere and shower upon on our planet. About one third of this solar energy is reflected back into the universe by shimmering glaciers, water and other bright surfaces. Two thirds, however, are absorbed by the Earth, warming land, oceans, and atmosphere.[5]

Much of this heat radiates back out into space, but some of it is stored in the atmosphere. This process is called the greenhouse effect. Without it, the Earth’s average temperature would be a chilling -18 degrees Celsius, even despite the sun’s constant energy supply.

In a world like this, life on Earth would probably have never emerged from the sea. Thanks to the greenhouse effect, however, heat emitted from the Earth is trapped in the atmosphere, providing us with a comfortable average temperature of 14 degrees.

Only about half of all solar energy that reaches the Earth is infrared radiation and causes immediate warming when passing the atmosphere. The other half is of a higher frequency, and only translates into heat once it hits Earth and is later reflected back into space as waves of infrared radiation.

This transformation of solar radiation in to infrared radiation is crucial, because infrared radiation can be absorbed by the atmosphere. So, on a cold and clear night, parts of this infrared radiation that would normally dissipate into space get caught up in the Earth’s atmosphere. And like a radiator in the middle of a room, our atmosphere radiates this heat into all directions.

Parts of this heat are finally sent out in the frozen nothingness of space, parts of it are sent back to Earth where they step up global temperatures. Just how much warmer it gets down here depends on how much energy is absorbed up there– and this, in turn, depends on the atmosphere’s composition.

The switch from carbon dioxide to oxygen:

Nitrogen, oxygen, and argon make up 98 percent of the Earth’s atmosphere. But they do not absorb significant amounts of infrared radiation, and thus do not contribute to the greenhouse effect. It is the more exotic components like water vapour, carbon dioxide, ozone, methane, nitrous oxide, and chlorofluorocarbons that absorb heat and thus increase atmospheric temperatures.

Studies indicate that until some 2.7 billion years ago, there was so much carbon dioxide (CO2) and methane in our atmosphere that average temperatures on Earth were as high as 70 degrees. But bacteria and plants slowly turned CO2 into oxygen and the concentration of CO2 in our current atmosphere dropped to just about 0.038 percent or 383 parts per million (ppm), a unit of measurement used for very low concentrations of gases that has become a kind of currency in climate change debates.

But while we are still far from seeing major concentrations of Carbon di Oxide in our atmosphere, slight changes already alter the way our celestial heating system works. Measurements of carbon dioxide amounts from Mauna Loa Observatory in Hawaii show that CO2 has increased from about 313 ppm in 1960 to about 375 ppm in 2005.

Global Warming Organizations:

Global warming has become the rising issue as it will effect climatic changes on a global scale and make planet Earth so warm that even humans will not be able to survive the heat. It is like a race against time where some organizations are trying to prolong the effect and fight it in their own way. Some of these organizations are:

A leading national nonprofit organization, it was founded in 1967. Known as EDF, they have 500,000 members. Their mission is to protect the environmental rights of people, which includes the future generations. The rights are aimed at providing healthy food, clean air & water, and thriving ecosystems. There mission is backed by their scientific research and orientation. They promote and apply scientific evaluation of environmental problems to find solutions.[6]

One of the most popular non-profit organizations that has been associated with protecting the plant, eco-systems, and wildlife. They have been protecting the future of nature for more than 45 years now. WWF has branches in 100 countries and is supported by more than 1.2 million members in the US itself, while global count has crossed the 5 million mark. The WWF working process combines reaching out to the global audience with a foundation in science that requires action at every level from rural to cosmopolitan and from local to global.

Some of the other organizations involved in saving the planet, nature, wildlife and mankind include:

1. Natural Resources Defense Council

2. Sierra Club

3. Union of Concerned Scientists

4. U.S. Public Interest Research Group

5. World Resources Institute[7]

Cause and Effect of Global Warming

The causes of global warming are many and effects are far more profound. What we have really witnessed in the last couple of decades is just the tip of the iceberg.

CAUSES:

The main underlying cause of Global Warming is greenhouse gases like carbon dioxide (CO2). Every tree takes CO2 from the air during its growing process. When a tree dies or the wood decays then CO2 is again returned to the atmosphere. In the last couple of decades tropical forest have borne the brunt of major felling of trees and burning of wood, which has added more CO2 into the atmosphere.

There are many causes of global warming. Most important causes are:

1) Deforestation

2) Industrialization

3) Burning of fosil fuels

4) Decay of dead organisms [8]

5) Respiration/ breathing of living organisms

6} pollution of Automobile

7) Thermal power plant

8) Cultivation of land

9) Eruption t. volcanoes (a mountain with a large circular hole at the top thought which lava, gases, steam and dust are forced out)

10) Domestic cooking

Today deforestation has reached a stage where it cannot be turned back. In 1987, a major chunk of the Amazon forest was burnt and it was of the size of Britain. This released 500 million tons of CO2 into the atmosphere. The lesser the number of trees, the less CO2 will be absorbed.

EFFECTS:

The effect of global warming will be catastrophic and if you look around you, then you will see some of the signs. If no action is taken now, then it will be too late as the greenhouse effect will slowly increase the average global temperature by 1.5 to 4.50C. This rise in temperature will affect the polar ice caps more than the tropical belt.

Winters will become warmer and the world will be hotter than what it was 100,000 years back. By the end of the next century, the temperatures would have soared very high and it will be tough for humans to survive. The last 15 years have been the ten hottest years since the 1860’s.

2.5. Impact of Global Warming:

Environmental scientists inform that if only 3 % global temperature on an average is increased, 40 crore tones of crop-production will be obstructed and 40 crore of population will be hunger of food. However, global warming has the following impacts-

1) Melting ice

2) Flooding of low lying costal areas

3) Sea level change

4) Increase in the flow of rivers and change in the rainfall pattern.

5) Submersion of Islands.

6) Occurrence of more cyclones and hurricanes.

7) Damage of agricultural crops.

8) Water pollution

9) Refugee problems

10) Deforestation

11) Ozone layer depletion

Global warming has a big impact on the Earth, having both negative and positive effects. Global warming occurs because of an increase in the emission of greenhouse gases. The burning of fossil fuels only adds to these emissions. Temperatures around the globe are slowly warming, and this affects every continent and area on Earth. This is also known as the greenhouse effect. This has become a problem because too much solar radiation is getting trapped in the Earth’s atmosphere, which has caused the Earth to become warmer. Greenhouse gases are responsible for retaining this energy. The more greenhouse gases in the atmosphere, the more solar radiation become trapped and the warmer the planet gets.

Climate conditions have changed significantly since the Earth was created. The average temperature of the Earth has fluctuated over this time and so has the mix of gases in the atmosphere. Now it seems that recent human activity, such as the burning of fossil fuels reserves, has caused the Earth to heat up even more. Scientists cannot say for sure what the effects of global warming on the Earth will be until they happen, but predictions include faster melting of glaciers and the polar ice caps, an increase in sea levels as a result of the melting, a warmer global temperature, a loss of forest areas, shifts in the location of the animal and plant populations, decreased rainfall and other types of precipitation in some areas, and deserts appearing where lush plant life is now, among others. Tropical storms and hurricanes may become fiercer and the circulation and acidity balance of some oceans may change.

Global warming can have profound effects on the Earth and eliminating or at least minimizing greenhouse gases is needed to stop these effects. Once the process has started, it may take hundreds of years or more for the changes to stop, even with no new greenhouse gases being released. Using renewable alternative energy sources such as biomass energy, is a step in the right direction to help minimize the impact that global warming has on the Earth. Forests and plant life can also play an important role in the future of energy because while living they help to replace carbon dioxide, a major greenhouse gas, with oxygen, and they are also the source behind much of the biomass energy created.[9]

Through the first half of the 20th century, when global warming from the greenhouse effect was only a speculation, the handful of scientists who thought about it supposed any warming would be for the good. Svante Arrhenius, who published the first calculations, claimed that nations like his native Sweden “may hope to enjoy ages with more equable and better climates.” Most people assumed that a “balance of nature” made catastrophic consequences impossible, and if any change did result from the “progress” of human .

CHAPTER-III

Background of Environmental Law

3.1 Environmental Law:

International environmental law is the body of international law that concerns the protection of the global environment.

Originally associated with the principle that states must not permit the use of their territory in such a way as to injure the territory of other states, international environmental law has since been expanded by a plethora of legally-binding international agreements. These encompass a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and biodiversity protection.

3.2 History and Development of Environmental Law:

International Environment law evolved through 4 distinct periods:

• From early Fisheries convention to the creation of the UN

• From the creation of UN to Stockholm Conference, 1972

• From Stockholm to 1992 United Nations Conference on Environment and Development (UNCED), held in Rio de Janeiro, Brazil

• Beyond UNCED[10]

From early Fisheries convention to the creation of the UN:

Major trends:

• First realization that industrialization and development required limitations on the exploitation of nature resources;

• Need for adoption of appropriate legal instruments felt;

• Approaches were not global or integral sector based approach was seen;

• Focus was given on the conservation of wildlife (birds, fisheries, seals) in formulating environmental rules;

• Absence of appropriate technology and scientific evidence;

• Adopted treaties (though very few in number) were mostly adhoc, sporadic and scattered and limited in scope.

• Treaties were mostly bi-lateral or of limited parties;

• Need for international co-operation for the protection of environment (to be more specific regarding some flora and fauna) was felt for the first time during the period.

• No strict obligation provided in the treaties;

• International institutions were started to be established for the purpose of ensuring the implementation of treaties; for example, International Committee (later council) for bird protection, ICBP, 1922;

• Role of the individuals, scientists and organization in the development of International Environmental Law during this period.

Major Treaties:

• Fisheries Convention between France and UK

• Fisheries Treaty between UK and USA, 1892

• 1902 Convention for the protection of bird useful to agriculture, generally known as bird convention

• Convention relative to the preservation of Fauna and Flora in their natural State, 1933 commonly known as London Convention.

International Disputes:

During the first period of the development of International Environmental Law, two significant environment disputes were submitted to international arbitration; which laid down certain principles that are later on recognized as of great contribution to the development of Environmental Law.

• Pacific Fur Seal Arbitration, 1893

• The Trial Smelter Case, 1937

3.3 From the Creation of UN to Stockholm Conference, 1972:

Major Trends:

• A range of International organization with competence in environmental mater created.

• A good number of International legal instruments were adopted.

• Another feature of this phase was the limited recognition of the relationship between economic development and the environment protection.

• Through the UN Charter did not include provisions on environmental protection or conservation of natural resources the creation various subsidiary organs of UN made the way to establish global environmental principles through its organs and sub-organs. For example, constituent instruments of FAO of UNESCO included provisions with environmental or conservationist aspects an latter they emerged as vital role players in the development of Environmental Law.[11]

Major Events:

• In 1948, IUCN (first as IUPN, then IUCN) was established to promote the preservation of wildlife and natural environment, public knowledge, education, scientific research and legislation.

• ECOSOC convened the 1949 UN Conference on the Conservation and Utilization of Resources, UNCCUR at the initiative of Former US president Franklin D. Roosevelt and Harry Trucmail. Though the scope of the conference was limited, UNCCUR Addressed six issues; minerals, fuels and energy, water, forests, land and wildlife &fish.

• In 1945 General Assembly convened a major conference on the conservation of the living resources of the sea which led to the aeddc3option of conservation rules in theddc3 1958 Geneva Convention.

• GA’s attention to the effects of nuclear test and oil pollution was reflected in the 1963 Test Ban Treaty and the 1954 International Convention for the Prevention of Pollution of the Sea by Oil.

• First EC environmental act was passed in 1967.

• Ramsar Convention on Wetlans of International Importance especially as Waterfowl Habitat, 1971 was adopted. It was the first environmental treaty to establish rules addressing the conservation of a particular type of ecosystem.

.Which

Major Trend:

• Co-ordinate effort of UN to place a system for dealing the international environmental issues.

• Significant regional and global conventions were adopted.

• For the first time, at the global level, the production, consumption, international trade and movement of certain products were banned.

Major Events:

• Stockholm Conference, 1972 is the most significant event of the period, Convened by the GA under auspices of Sweden.

The Conference adopted 3 nonbinding instruments of which the Stockholm declaration marks a greater achievement towards formulating Int. treaty regime regarding environment and the resolution paved the way for establishing UNEP.

3.4. United Nations Conference on the human environment, 1972:

The 1972 United Nations Conference on the human environment focused on the ‘human’ environment. The Conference issued the Declaration on the Human Environment, a statement containing 26 principles and 109 recommendations (now referred to as the Stockholm Declaration). The creation of an environmental agency was also approved, now known as UNEP. In addition, there was the adoption of a Stockholm Action Program. There were no legally binding outcomes resulting from the Stockholm Conference. Principle 21 of the Declaration was a restatement of law already in existence since Roman times, namely that of ‘good neighborliness’. The Action Plan was never successfully followed by any country.[12]

3.5. Rio Conference, 1992:

The 1992 Rio Conference, UNCED (also known as the Earth Summit) led to the adoption of several important legally binding environmental treaties, being the 1992 United Nations Frame work Convention on Climate Change and the 1992 Convention on Biological Diversity. In addition to these, the parties adopted a ‘soft law’ (non-binding agreement) Declaration on Environment and Development which reaffirmed the Stockholm Declaration and provided 27 principles guiding environment and development (now referred to as the Rio Declaration). Another influential soft law document that the parties adopted was agenda 21, a guide to implementation of the treaties agreed to at the Summit and a guide as to the principles of sustainable development. Agenda 21 also established the United Nations Commissions on Sustainable Development (CSD) and the Global Environment Facility (GEF). Finally, the non-legal, non-binding Forest Principles were formed at the Earth Summit.[13]

3.6. The major lacking of Stockholm Conference 1972 with Comparing RIO Declaration:

The UNCED held in Rio Janirio in June 1992 was also marked for introducing a new overarching field of International law for sustainable development. It intends to address global environmental issues embodied in the agenda 21 without affecting the international environmental law as a distinctive branch.[14]

In some particular ways the 1992 Rio Conference is wider than the Stockholm Conference, 1972.

1. Principle-21 of Stockholm Conference:

States have in accordance with the charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdictions or control do not cause damage to the environment of other states on of areas beyond the limits of natural jurisdiction.

Principle-2 of Rio Conference (UNCED):

States have in accordance with the charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdictions or control do not damage to the environment of other states on of areas beyond the limits of national.

Stockholm Conference does not mention developmental policies.

2. Principle.22 of Stockholm Conference:

States shall cooperate to develop further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such states to areas beyond their jurisdiction.

Principle.27 of Rio Conference (UNCED):

States and people shall cooperate in good faith and in a spirit of partnership in the fulfillment of the principles embodied in this declaration and in the further development of international law in the field of sustainable development.

So, sustainable development is established in Rio Conference.

3. Principle.7 of Rio Conference:

States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the earth’s ecosystem. In view of the different contribution to global environmental degradation, states have common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit to sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command.

Principle.3 of Rio Conference (UNCED):

The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations

So, common but differentiated responsibilities and equitable meet for present and future generation is mentioned in Rio Conference not Stockholm.

P.23 of Stockholm:

Without prejudice to such criteria as may be agreed upon by the international community or to standards which will have to be determined nationally, it will be essential in all causes to consider the system of values prevailing in each country, and the extent of the applicability of standards which are valid for the most advanced countries but which may be in appropriate and of unwarranted social cost for the developing countries.

Principle.11 of Rio:

State shall enact effective environmental legislation. Environmental standards, management objectives and priorities should reflect the environment and development context to which they apply. Standards applied by some countries may be inappropriate and of unwarranted economic and social cost to other countries, in particular developing countries.

5. Principle.15 of Rio:

In order to protect the environment, the precautionary approach shall be widely applied the states according to their capabilities. Where there are threats of serious or irreversible damage luck of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

But Stockholm not mentioned precautionary approach.

6. Principle.16 of Rio:

National Authorities should endeavour to promote the initialization of environmental costs and the use of economic instruments taking into account the approach that the polluter should in principle bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment.

Stockholm Conference not such type of nature.

7. Principle.18 of Rio:

State shall immediately notify other states of any natural disasters or other emergencies that are likely to produce sudden harmful effects on the environment of those states. Every effort shall be made by the international community to help states so afflicted.

Stockholm Conference has no Principle for right of information.[15]

Principle.19 of Rio:

States shall provide prior and timely notification and relevant information to potentially affected states on activities that may have a significant adverse transboundary environmental effect and shall consult with those states at an early stage and in good faith.

8. Principle.26 of Rio:

States shall resolve all their environmental disputes peacefully and by appropriate means in accordance with the charter of the United Nations.

Stockholm Conference does not mention to share the environmental disputes peacefully.

9. Principle.20 of Rio (Women):

Women have a vital note in environmental management and development. Their full participation is therefore essential to achieve sustainable development.

P.21 of Rio (Youth):

The creativity ideas and courage of the youth of the world should be mobilized to forge a global partnership in order to achieve sustainable development and ensure a better future for all.

Principle.22 Communities Indigenous People:

Indigenous people and their communities and other local communities have a vital role in environmental management and development because of their knowledge and traditional practices. State should recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development.

But Stockholm Conference has not any provision for right of women, right of indigenous people and youth. So, UNCED is a great achievement for environmental issue.

3.7.Sustainable Development:

Sustainable development is a pattern of resource use that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for future generations. The term was used by the Brundtland Commission which coined what has become the most often-quoted definition of sustainable development as development that “meets the needs of the present without compromising the ability of future generations to meet their own needs.”[16]

Sustainable development ties together concern for the carrying capacity of natural systems with the social challenges facing humanity. As early as the 1970s “sustainability” was employed to describe an economy “in equilibrium with basic ecological support systems.” Ecologists have pointed to the “limits of growth” and presented the alternative of a “steady state economy” in order to address environmental concerns.

• The field of sustainable development can be conceptually broken into three constituent parts: environmental sustainability, economic sustainability and sociopolitical sustainability.

The concept has included notions of weak sustainability, strong sustainability and deep ecology. Sustainable development does not focus solely on environmental issues. The United Nations 2005 World Summit Outcome Document refers to the “interdependent and mutually reinforcing pillars” of sustainable development as economic development, social development, and environmental protection.

Indigenous people have argued, through various international forums such as the United Nations Permanent Forum on Indigenous Issues and the Convention on Biological Diversity, that there are four pillars of sustainable development, the fourth being cultural. The Universal Declaration on Cultural Diversity (UNESCO, 2001) further elaborates the concept by stating that “…cultural diversity is as necessary for humankind as biodiversity is for nature”; it becomes “one of the roots of development understood not simply in terms of economic growth, but also as a means to achieve a more satisfactory intellectual, emotional, moral and spiritual existence”. In this vision, cultural diversity is the fourth policy area of sustainable development.[17]

Economic Sustainability: Agenda 21 clearly identified information, integration, and participation as key building blocks to help countries achieve development that recognises these interdependent pillars. It emphasises that in sustainable development everyone is a user and provider of information. It stresses the need to change from old sector-centred ways of doing business to new approaches that involve cross-sectoral co-ordination and the integration of environmental and social concerns into all development processes. Furthermore, Agenda 21 emphasises that broad public participation in decision making is a fundamental prerequisite for achieving sustainable development.

Sustainability is a process which tells of a development of all aspects of human life affecting sustenance. It means resolving the conflict between the various competing goals, and involves the simultaneous pursuit of economic prosperity, environmental quality and social equity famously known as three dimensions (triple bottom line) with is the resultant vector being technology, hence it is a continually evolving process; the ‘journey’ (the process of achieving sustainability) is of course vitally important, but only as a means of getting to the destination (the desired future state). However, the ‘destination’ of sustainability is not a fixed place in the normal sense that we understand destination. Instead, it is a set of wishful characteristics of a future system.

Green development is generally differentiated from sustainable development in that Green development prioritizes what its proponents consider to be environmental sustainability over economic and cultural considerations. Proponents of Sustainable Development argue that it provides a context in which to improve overall sustainability where cutting edge Green development is unattainable. For example, a cutting edge treatment plant with extremely high maintenance costs may not be sustainable in regions of the world with fewer financial resources. An environmentally ideal plant that is shut down due to bankruptcy is obviously less sustainable than one that is maintainable by the community, even if it is somewhat less effective from an environmental standpoint.[18]

Some research activities start from this definition to argue that the environment is a combination of nature and culture. The Network of Excellence “Sustainable Development in a Diverse World”, sponsored by the European Union, integrates multidisciplinary capacities and interprets cultural diversity as a key element of a new strategy for sustainable development.

Still other researchers view environmental and social challenges as opportunities for development action. This is particularly true in the concept of sustainable enterprise that frames these global needs as opportunities for private enterprise to provide innovative and entrepreneurial solutions. This view is now being taught at many business schools including the Center for Sustainable Global Enterprise at Cornell University and the Erb Institute for Global Sustainable Enterprise at the University of Michigan.

The United Nations Division for Sustainable Development lists the following areas as coming within the scope of sustainable development: [19]

Agriculture ,Atmosphere. Biodiversity, Capacity-building, Climate Change Consumption and Production Patterns, Demographics, Desertification and Drought , Disaster Reduction and Management, Education and Awareness, Ecology,Ecosystem etc.

Sustainable development is an eclectic concept, as a wide array of views fall under its umbrella. The concept has included notions of weak sustainability, strong sustainability and deep ecology. Different conceptions also reveal a strong tension between ecocentrism and anthropocentrism. The concept remains weakly defined and contains a large amount of debate as to its precise definition.

During the last ten years, different organizations have tried to measure and monitor the proximity to what they consider sustainability by implementing what has been called sustainability metrics and indices.

Sustainable development is said to set limits on the developing world. While current first world countries polluted significantly during their development, the same countries encourage third world countries to reduce pollution, which sometimes impedes growth. Some consider that the implementation of sustainable development would mean a reversion to pre-modern lifestyles.

Others have criticized the overuse of the term:

“The word sustainable has been used in too many situations today, and ecological sustainability is one of those terms that confuse a lot of people. You hear about sustainable development, sustainable growth, sustainable economies, sustainable societies, and sustainable agriculture. Everything is sustainable (Temple, 1992).”

Brundt land Commission:

The Brundtland Commission, formally the World Commission on Environment and Development (WCED), known by the name of its Chair Grow Harlem Brundtland, was convened by the United Nations in 1983. The commission was created to address growing concern “about the accelerating deterioration of the human environment and natural resources and the consequences of that deterioration for economic and social development.” In establishing the commission, the UN General Assembly recognized that environmental problems were global in nature and determined that it was in the common interest of all nations to establish policies for sustainable development.

Resolution establishing the Commission:

The 1983 General Assembly passed Resolution 38/161; “Process of preparation of the Environmental Perspective to the Year 2000 and Beyond” establishing the Commission. In A/RES/38/161, the General Assembly:

“8. Suggests that the Special Commission, when established, should focus mainly on the following terms of reference for its work:

(a) To propose long-term environmental strategies for achieving sustainable development to the year 2000 and beyond;

(b) To recommend ways in which concern for the environment may be translated into greater co-operation among developing countries and between countries at different stages of economic and social development and lead to the achievement of common and mutually supportive objectives which take account of the interrelationships between people, resources, environment and development;

(c) To consider ways and means by which the international community can deal more effectively with environmental concerns, in the light of the other recommendations in its report;

(d) To help to define shared perceptions of long-term environmental issues and of the appropriate efforts needed to deal successfully with the problems of protecting and enhancing the environment, a long-term agenda for action during the coming decades, and aspirational goals for the world community, taking into account the relevant resolutions of the session of a special character of the Governing Council in 1982;”

Brundtland Report:

The Report of the Brundtland Commission, Our Common Future, was published by Oxford University Press in 1987. The Report is available in HTML format, one version with links to cited documents, and an easy-to-read full version is available at the Center for a World in Balance. The Report was welcomed by the General Assembly in its resolution 42/187.

The report deals with sustainable development and the change of politics needed for achieving that. The definition of this term in the report is quite well known and often cited:

“Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. It contains within it two key concepts:

• The concept of ‘needs’, in particular the essential needs of the world’s poor, to which overriding priority should be given; and

• the idea of limitations imposed by the state of technology and social organization on the environment’s ability to meet present and future needs.”

Notes and references

1. United Nations. 1983. “Process of preparation of the Environmental Perspective to the Year 2000 and Beyond.” General Assembly Resolution 38/161, 19 December 1983. Retrieved: 2007-04-11.

2. Our Common Future, Report of the World Commission on Environment and Development, World Commission on Environment and Development, 1987. Published as Annex to General Assembly document A/42/427, Development and International Co-operation: Environment August 2, 1987. Retrieved, 2007.11.14

3. Easy-to-read version of Our Common Future, Report of the World Commission on Environment and Development, at the Center for a World in Balance. Retrieved, 2008.12.06

4. United Nations. 1987. Report of the World Commission on Environment and Development, General Assembly Resolution 42/187, 11 December 1987. Retrieved: 2007-11-14

The above discussions reveal the fact that the principles of international environmental law reflected in the multilateral environmental have been formulated at various stages of environmental regime. Some of them have already acquired the status of customary international law, while the others are still evolving. It is also apparent that the scholars express contradictory views about their legal status. However, their increasing use by the international community reflects its political commitment to give further effect to these principles.

Moreover, these principles have been embodied in some recent conventions and protocols as a standard of framing out the detailed obligations for the parties. A proper appreciation of the legal status of these principles can be a useful means to examine and understand the extent of obligations of developing countries under various multilateral environmental treaties.[20]

CHAPTER-IV

Approach of the Developed Country in Global Warming and Climate Change

4.1. Climate change – a developing country:

The issue of climate change from a developing country perspective and develops an outline of a win-win-oriented climate policy around development priorities. It demonstrates how the great climate debate between the ‘skeptics’ and ‘supporters’ does not lead developing countries anywhere. The article shows that the emerging middle-path approach, which suits developing countries, will lead to win-win opportunities both for the environment and the economy. The proponents of this approach are termed as ‘climate realists’, who consider climate mitigation as a by-product of sustainable development solutions. The article also discusses the issue of discount rate that should be applied for problems which are likely to peak in the medium to long-term future. Finally, various market-based mechanisms with ‘no-regret options’ are discussed and we advocate the use of sustainable development paradigm for climate-change policies.

The division of world opinion on the certainty of climate change adds to the woes of developing countries. Scientists acknowledge a temperature increase of the earth and attribute this episode of global warming to human activity of fossil-fuel burning. However, what scientists disagree is on the magnitude and speed of future climate change and hence the response pattern. One school of thought urges ‘rapid action’, whereas the other advocates ‘wait and watch’ policy. The uncertainties hover around the following facts: whether GHGs and aerosol concentrations increase, stay the same or decrease; how strongly the features of the climate (e.g. temperature, precipitation and sea level) respond to changes in GHG and aerosol concentrations, and how much the climate varies as a result of natural influences (e.g. from volcanic activity and changes in the intensity of the sun) and its internal variability (referring to random changes in the circulation ofthe atmosphere and oceans). The uncertainty of the exact nature or timing of the impacts means that a flexible and responsive approach to climate preparation will be needed.

Faced with these challenges of climate change, economic development and sustainability, the future of energy and environmental policies in developing countries has been a hot topic among policy makers and academics. The most promising policy approaches would be those that capitalize on natural synergies between development priorities and climate protection, which simultaneously advance both these efforts.[21]

4.2. States and local governments:

The Framework Convention on Climate Change is a treaty negotiated between countries at the UN; thus individual states are not free to participate independently within this Protocol to the treaty. Nonetheless, several separate initiativ