Module – 4: International Environmental Law and Global
Environmental Governance
Environmental degradation and climate change are global problems that
transcend national boundaries, necessitating collective international action.
In response, the international community has developed several treaties,
conventions, and policy frameworks to ensure environmental protection and
sustainable development. Key international instruments include the Paris
Agreement on Climate Change, biodiversity conservation measures under
the Convention on Biological Diversity and the Nagoya Protocol, the
Minamata Convention, Environmental Impact Assessment mechanisms, and
the United Nations Sustainable Development Goals.
Paris Agreement on Climate Change, 2015
The Paris Agreement, adopted under the United Nations Framework
Convention on Climate Change (UNFCCC), represents a landmark global
effort to combat climate change. Its primary objective is to limit the increase
in global average temperature to well below 2°C above pre-industrial levels,
while pursuing efforts to limit it to 1.5°C. The agreement introduces
Nationally Determined Contributions (NDCs), allowing countries to set their
own emission reduction targets. It emphasizes climate finance, technology
transfer, transparency, and periodic global stocktakes to assess progress.
The principle of common but differentiated responsibilities ensures fairness
between developed and developing nations.
Biodiversity Conservation and the Nagoya Protocol
Biodiversity conservation is governed by the Convention on Biological
Diversity (CBD), 1992, which aims at conservation, sustainable use of
biological resources, and fair sharing of benefits arising from genetic
resources. The Nagoya Protocol (2010) strengthens the third objective by
regulating access and benefit-sharing (ABS). It ensures that countries and
indigenous communities receive equitable benefits from the commercial use
of genetic resources, thereby preventing bio-piracy and promoting
conservation through economic incentives.
Amended Regulations under the Convention on Biological Diversity
The CBD has undergone several amendments and strategic frameworks,
including the Aichi Biodiversity Targets and the Post-2020 Global Biodiversity
Framework, aimed at halting biodiversity loss. These amendments
emphasize ecosystem restoration, protection of endangered species,
traditional knowledge, and integration of biodiversity concerns into national
policies.
Minamata Convention on Mercury, 2013
The Minamata Convention addresses mercury pollution, named after the
tragic mercury poisoning incident in Minamata, Japan. It seeks to protect
human health and the environment by controlling mercury emissions,
banning mercury mining, regulating its use in products and industrial
processes, and ensuring safe disposal. The convention highlights the link
between environmental pollution and human rights.
United Nations Sustainable Development Goals, 2015
The SDGs, adopted by the UN General Assembly, consist of 17 goals aimed
at achieving sustainable development by 2030. Environmental goals such as
SDG 13 (Climate Action), SDG 14 (Life Below Water), and SDG 15 (Life on
Land) integrate environmental protection with social and economic
development. The SDGs promote inclusive growth, environmental justice,
and intergenerational equity.
Environmental Impact Assessment and the Espoo Convention
Environmental Impact Assessment (EIA) is a preventive tool used to evaluate
the environmental consequences of proposed projects before approval. The
Espoo Convention (1991) mandates EIA for activities likely to cause
significant transboundary environmental harm. It promotes international
cooperation, public participation, and transparency in decision-making
processes.
Plastic Pollution and UN Environmental Rights, 2021
Plastic pollution has emerged as a major global environmental challenge. In
2021, the UN recognized the right to a clean, healthy, and sustainable
environment as a human right. This recognition strengthens international
efforts to control plastic waste, protect marine ecosystems, and hold states
accountable for environmental harm. It reflects the growing linkage between
environmental protection and human rights law.
International environmental instruments play a crucial role in addressing
global environmental challenges. Treaties such as the Paris Agreement,
Nagoya Protocol, and Minamata Convention, along with policy frameworks
like the SDGs and EIA mechanisms, demonstrate a collective commitment
towards sustainable development. However, effective implementation,
political will, and global cooperation remain essential for achieving long-term
environmental protection and climate justice.