LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
Study Material
Environmental Law (LLB501)
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Table of Contents
Sl. Contents Page
No. Module II: International Perspective of Environment Protection in India No.
2.1 Introduction 2
2.2 Development of International Environmental Law and Key Principles 2-3
2.3 India's International Engagements in Environment Protection 3-4
2.4 Relevant Case Laws 4
2.5 Conclusion 4
2.6 Sample Questions 5-8
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 1
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
2.1 Introduction: Environment protection is a global concern, and India, as a responsible member of the
international community, recognizes the importance of addressing environmental challenges with a global
perspective. Over the years, India has participated in international treaties, conventions, and collaborations
to safeguard its environment while contributing to global efforts. This note explores India's engagement
with the international community in environmental protection, relevant case laws, and draws a conclusion
on its commitment to global environmental responsibilities.
2.2 Development of International Environmental Law and Key Principles: International environmental
law has evolved over the years to address global environmental challenges. It comprises treaties,
conventions, protocols, and customary principles that govern the interactions between states concerning the
environment. Some key international environmental law principles include the Precautionary Principle,
Polluter Pays Principle, Common but Differentiated Responsibilities (CBDR), and the Principle of
Sustainable Development.
Case Law: Gabcikovo-Nagymaros Project (Hungary/Slovakia) In this case, the International Court of
Justice (ICJ) addressed the dispute between Hungary and Slovakia over the construction of a dam project.
The court recognized the significance of environmental protection and the principle of equitable utilization
of shared natural resources. The case emphasized the importance of conducting Environmental Impact
Assessments (EIA) and seeking mutual agreement before initiating large-scale projects that could have
transboundary environmental impacts.
2.2.1 U.N. Conference on Human Environment, 1972 – Stockholm Principles, and UNEP: The
Stockholm Conference laid the foundation for modern international environmental law. It adopted 26
principles that underscored the importance of environmental protection and sustainable development. The
United Nations Environment Programme (UNEP) was established during this conference to promote
international cooperation on environmental issues.
2.2.2 U.N. Conference on Environment and Development, 1992 – Rio Principles: The Rio Conference,
also known as the Earth Summit, resulted in the adoption of the Rio Declaration, which enshrined 27
principles guiding sustainable development and environmental protection. The principles include the
precautionary approach, the right to development, and the principle of intra-generational and inter-
generational equity.
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 2
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
2.2.3 U.N. Convention on Biological Diversity, 1992: The Convention on Biological Diversity (CBD) is
a significant international treaty that aims to conserve biodiversity, promote sustainable use of its
components, and ensure fair and equitable sharing of benefits arising from genetic resources. It has played
a crucial role in biodiversity conservation worldwide.
2.2.4 Johannesburg Conference, 2002: The Johannesburg Summit focused on sustainable development
and highlighted the need for integrating environmental, social, and economic considerations. The
conference emphasized the importance of poverty eradication, access to clean water, sanitation, and
renewable energy.
2.2.5 Rio+20-United Nations Conference on Sustainable Development, Paris Agreement, 2015:
Rio+20 reaffirmed commitment to sustainable development and green economy. The Paris Agreement,
adopted during the conference, aimed to combat climate change by limiting global warming to well below
2 degrees Celsius. It emphasized national contributions to reduce greenhouse gas emissions and promote
climate resilience.
Case Law: Pulp Mills on the River Uruguay (Argentina/Uruguay) In this case, the ICJ addressed the
dispute between Argentina and Uruguay over the construction of pulp mills on the Uruguay River. The
court emphasized the significance of conducting transboundary EIA and the right of potentially affected
states to participate in the decision-making process. The case highlighted the importance of considering the
potential transboundary environmental impacts of development projects.
2.3 India's International Engagements in Environment Protection: India has been actively involved in
various international environmental agreements and initiatives. Some key engagements include:
2.3.1 United Nations Framework Convention on Climate Change (UNFCCC): India is a signatory to
the UNFCCC and plays a significant role in global climate negotiations. The country has committed to
reducing its greenhouse gas emissions and has actively participated in climate conferences like COP
(Conference of the Parties) meetings.
2.3.2 Paris Agreement: India is a party to the Paris Agreement, which aims to keep global temperature rise
well below 2 degrees Celsius above pre-industrial levels. India's Nationally Determined Contributions
(NDCs) focus on promoting renewable energy, enhancing energy efficiency, and expanding afforestation
efforts.
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 3
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
2.3.3 Convention on Biological Diversity (CBD): India is a party to the CBD, committing to protect and
conserve its rich biodiversity. The country has implemented various programs to conserve endangered
species and their habitats.
2.3.4 Montreal Protocol: India is a signatory to the Montreal Protocol, which aims to phase out ozone-
depleting substances to protect the ozone layer. The country has successfully phased out several ozone-
depleting substances and has received international recognition for its efforts.
2.4 Relevant Case Laws: Several Indian court cases have been influenced by international environmental
agreements and principles:
Subhash Kumar v. State of Bihar (1991): The Supreme Court of India, in this case, recognized the right
to a pollution-free environment as a fundamental right under Article 21 of the Indian Constitution. This
aligns with the international principle of the right to a healthy environment.
Indian Council for Enviro-Legal Action v. Union of India (1996): In this case, the Supreme Court
ordered the closure of polluting industries around the Taj Mahal to protect the monument's heritage and
comply with India's international obligations under the UNESCO World Heritage Convention.
2.5 Conclusion: International environmental law has developed significantly over the years, reflecting the
global concern for environmental protection and sustainable development. Conferences like Stockholm,
Rio, and Rio+20 have laid the foundation for guiding principles in environmental protection and sustainable
development. The establishment of institutions like UNEP has facilitated international cooperation on
environmental issues. Additionally, key treaties like the CBD and the Paris Agreement have addressed
critical environmental challenges such as biodiversity conservation and climate change mitigation. The case
studies examined demonstrate the importance of adhering to international principles, conducting
environmental impact assessments, and involving potentially affected parties in decision-making processes.
Overall, international environmental law plays a vital role in fostering global cooperation to address
environmental issues and promote a sustainable future for all.
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 4
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
2.6 Probable Questions:
MCQ:
MCQ Question Option A Option B Option C Option D Correct Answer
1. The U.N.
Conference on
Human
Environment held a) The d) The a) The
in 1972 resulted in Stockholm b) The Rio c) The Paris Precautionary Stockholm
the adoption of: Principles Principles Agreement Principle Principles
2. Which
international
environmental
institution was
established during
the U.N.
Conference on
Human
Environment in
1972? a) UNEP b) UNDP c) UNICEF d) UNESCO a) UNEP
3. The key
principles adopted
during the U.N.
Conference on
Environment and
Development in
1992 are a) The b) The
collectively known Stockholm Precautionary c) The Rio d) The Paris c) The Rio
as: Principles Principles Principles Principles Principles
4. The U.N.
Convention on
Biological b) Biodiversity
Diversity, adopted a) Combating conservation d) Renewable b) Biodiversity
in 1992, focuses climate and c) Poverty energy conservation and
on: change sustainable use eradication promotion sustainable use
5. The
a) The Earth c) The Global
Johannesburg b) The World d) The b) The World
Summit Climate Summit
Conference held in Summit on Environmental Summit on
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 5
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
MCQ Question Option A Option B Option C Option D Correct Answer
2002 was also Sustainable Protection Sustainable
known as: Development Conference Development
6. The Rio+20-
United Nations
Conference on
Sustainable
Development took
place in which
year? a) 2002 b) 1992 c) 2015 d) 2012 d) 2012
7. The Paris
Agreement, a)
adopted in 2015, Biodiversity b) Poverty and c) Sustainable d) Climate d) Climate
aims to address: conservation hunger development change change
8. The principle
that dictates that
developed and
developing
countries should
have different c) The Common c) The Common
responsibilities in but but
addressing global a) The b) The Differentiated d) The Principle Differentiated
environmental Polluter Pays Precautionary Responsibilities of Sustainable Responsibilities
issues is known as: Principle Principle (CBDR) Development (CBDR)
9. Which of the d) Right to
following is a conduct
substantive right in b) Right to Environmental
international a) Right to participate in c) Right to a Impact c) Right to a
environmental access decision- healthy Assessments healthy
law? information making environment (EIA) environment
10. The b) Taking
Precautionary a) Ignoring preventive c) Prioritizing b) Taking
Principle in potential measures economic d) Holding preventive
international risks until despite growth over polluters measures despite
environmental law proven scientific environmental accountable for scientific
emphasizes: harmful uncertainty concerns their actions uncertainty
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 6
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
Short Questions:
1. What is the primary focus of the U.N. Conference on Human Environment held in 1972, and what
were the key outcomes, known as the "Stockholm Principles"?
2. Which international organization was established during the 1972 Stockholm Conference to
promote international cooperation on environmental issues?
3. What was the main objective of the U.N. Conference on Environment and Development held in
1992, and what are the principles adopted during this conference known as?
4. Which key international treaty, adopted during the 1992 conference, aims to conserve biodiversity
and promote the sustainable use of biological resources?
5. What was the theme and purpose of the Johannesburg Conference held in 2002, and what key issues
did it address?
6. What was the main goal of the Rio+20-United Nations Conference on Sustainable Development
held in 2012?
7. Which international climate agreement was adopted during the Rio+20 conference in 2015, aiming
to combat climate change by limiting global warming?
8. Name one substantive international environmental law principle that guides decision-making
related to environmental issues.
9. What is the significance of conducting Environmental Impact Assessments (EIA) in the context of
international environmental law?
10. Which international treaty focuses on equitable sharing of benefits arising from genetic resources
and promotes the conservation of biodiversity?
Long Questions:
1. Describe the historical development of international environmental law, highlighting key milestones
and events that have shaped the evolution of this legal framework. Discuss how the recognition of
environmental issues at the global level has led to the establishment of international environmental
agreements and conventions.
2. Analyze the significance of the U.N. Conference on Human Environment, held in 1972, and its
outcomes, known as the "Stockholm Principles." Discuss the major themes addressed during the
conference and how it laid the foundation for modern international environmental law. Explain the
establishment of environmental institutions like the United Nations Environment Programme
(UNEP) and their role in promoting global environmental cooperation.
3. Assess the objectives and achievements of the U.N. Conference on Environment and Development,
also known as the Earth Summit, held in 1992. Explore the Rio Principles adopted during this
conference, including the Principle of Common but Differentiated Responsibilities (CBDR) and the
Principle of Intra-Generational and Inter-Generational Equity. Discuss how these principles have
influenced subsequent international environmental negotiations and actions.
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 7
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
4. Evaluate the significance of the U.N. Convention on Biological Diversity (CBD), adopted in 1992,
in promoting biodiversity conservation and sustainable use of biological resources. Discuss the
scope of the CBD and its provisions related to access and benefit-sharing (ABS) of genetic
resources. Assess the progress made by countries in implementing the CBD and the challenges faced
in achieving its objectives.
5. Analyze the Paris Agreement, adopted during the Rio+20 conference in 2015. Explain the key
objectives of the agreement and the commitments made by countries to combat climate change.
Assess the effectiveness of the Paris Agreement in achieving its goals and the challenges faced in
its implementation.
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 8