BY MONIKA KHURANA.
Global Environmental Issues
Ecology is the science of the intricate web of relationships between living organisms and their living and non-living surroundings. These interdependent living (biological organisms) and non-living (air, water, temperature, etc.) components make up ecosystems like forests and lakes. Larger ecosystems or combinations of ecosystems, which occur in similar climates and share a similar character and arrangement of vegetation, are biomes, e.g. grasslands and deserts. The earth, its surrounding envelope of life-giving water and air, and all its living things comprise the biosphere.
MAN-ENVIRONMENT RELATIONSHIP
Man’s total environmental system includes not only the biosphere but also his interactions with his natural and man made surroundings. In the inevitable reciprocity of nature and man, there are ascensions and descensions. From down upwards, the man proceeds to expand his horizon to become one with nature. From above downwards, nature is reduced to the individual. Man as part of the universe comes down to being a member of the society and recedes to a point where he is his own self. The process oscillates from a larger whole to the smaller, and vice versa. Given to his own self, the man is nature in miniature. In each moment of his life he is imbibing one or the other of the resources of nature without ever yielding anything in return to nature.
ENVIRONMENTAL DEGRADATION AND POLLUTION
The term ‘environmental degradation’ refers to the deterioration of physical components brought on by anthropogenic (or man-made) processes to such an extent that it cannot be set right by the homeostatic mechanisms (a self-regulatory mechanism) of the environment. The term ‘pollution’ refers to an unfavorable alteration of our surroundings, wholly or largely as a by-product of man’s action through direct and indirect effects of changes in energy patterns, chemical and physical constitution, and the abundance of organisms. Environmental pollution occurs when environmental degradation crosses a critical limit so that it becomes lethal to living organisms.
Global Environmental Problems
Environmental pollution is a global problem, on the premise that the atmosphere and ocean are shared by the peoples of all nations. The atmosphere being the common heritage of all mankind, the philosophy of transfrontier pollution control has to take into account man, not the state, as the unit of protection. Global environmental change is a common concern of mankind and possesses an inherent capability of transcending national boundaries. Three major global environmental problems are acid rain, ozone depletion, and the greenhouse effect (global warming).
Acid rain is rain water containing greater than normal acidity. The oxides of sulphur and nitrogen generated by the burning of fossil fuels in power plants, pulp and paper mills, mining operations and other industrial processes are continuously released into the atmosphere. Before they can come to ground they have enough time to combine with atmospheric moisture, under the action of sunlight (hydrolysis), to become sulphuric and nitric acids. Acid rain changes rate of leaching of nutrients from plant foliage and soils, thereby severely affecting the forest ecosystem. Ozone is produced in the stratosphere by the action of ultra violet rays from sunlight on oxygen. Man-made compounds-chloro-fluorocarbons (CFCs)-are the main ozone destroyer. These are inert gases, widely used as refrigerants, aerosol propellants, in packaging materials, and fire extinguishers. Being inert, these chemicals reach the stratosphere intact, but here UV rays tear them apart, resulting in free chlorine atoms which then attack ozone. Ozone depletion in any part of the world spreads out globally, but the net UV effect is more serious at the equator (tropics) because these receive the most radiation. Carbon dioxide plays a vital role in maintaining the delicate heat balance that determines the temperature on Earth’s surface. Carbon dioxide allows sunlight to pass through, but prevents infrared (heat) radiation from escaping, and thus effectively traps solar heat and heats up the atmosphere. In recent years, the consumption of fossil fuels has gone up tremendously, and, at the same time, tropical forests are denuded. The result is that the carbon dioxide level is steadily increasing in the atmosphere, the consequences of which can be seen in the form of climatological disasters, changes in agricultural / farming practices, the melting of polar ice caps, and ecosystem disruptions.
It has been rightly observed that planning for clean air and an acceptable environment is a comprehensive regional planning problem which requires international effort for a satisfactory solution. Therefore the international regulation and control of the phenomenon of global environmental change is legitimate. The World Health Organization showed its concern in 1957 by attracting the attention of the world community to the hazard of atmosphere pollution. Consequently, the regional European office of the W.H.O organized the Milan conference. The Expert Committee on Environmental Sanitation, constituted by the W.H.O then, organized meetings in 1958. In 1959, a Clean Air Conference was held in London. In 1960, the W.H.O, through its Regional Office for Europe, held a symposium on the Epidemiology of Air Pollution. In 1970, several European countries, along with Japan, Canada, Australia, New Zealand, and the U.S.A. formed an Organization for Economic Co-operation and Development (O.E.C.D.) with the result that an Environment Committee was formed in 1970. Then followed the Stockholm Conference in 1972, which was a major step to tackle the pollution problem in all its dimensions.
Stockholm conference
The United Nations Conference on Human Environment, 1972, marked a watershed in international relations and placed the issue of the protection of the biosphere on the official agenda of international policy and law. The states treated apart the narrow issues of sovereignty and jurisdiction to collectively resolve the complex issues of the environment and development. The initial stages of the conference saw the emergence of two conflicting approaches. The first approach insisted that the primary concern of the conference was the human impact on the environment, with emphasis on control of pollution and conservation of natural resources. The second approach laid emphasis on social and economic development as the real issue. The two seemingly opposite approaches were bridged by the evolution of a concept that environmental protection is an essential element of social and economic development. The conference was a remarkable achievement, as 114 participating nations agreed generally on a declaration of principles and an action plan. The principles contained in the Stockholm Declaration demonstrate that the world has just one environment. The first principle states that man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well being and he bears a solemn responsibility to protect and improve the environment for present generations.
The United Nations Environment Programme (UNEP), born out of the common concern of mankind for the environment provides a forum accepted by developing countries who emphasize on development as a vehicle for raising the quality of the environment. Eco-development, signifying ecologically sound development, is a major theme of UNEP. The Stockholm Conference is a major landmark in the efforts of nations to collectively protect their life support base on Earth. UNEP, an activator of the Stockholm Action Plan, has given the international environment movement a universality, a legitimacy, and an acceptability in developing countries.
World Charter For Nature
The United Nations World Charter for Nature, 1982, demonstrates widespread acceptance of the principles enunciated at Stockholm and the practical difficulty of making these principles operational in a world of sovereign and antagonistic states. Nevertheless, the adoption of the charter is important. The World Charter for Nature is not a binding treaty. However, it exerts considerable moral force on accepting states and member states of the United Nations. The purpose of the charter is to provide a procedural and substantive protection to the global environment from the impact of industrialization. The charter recognizes that mankind is a part of nature and life depends on the uninterrupted functioning of natural systems. Therefore, man must recognize the urgency of maintaining the stability and quality of nature and of conserving natural resources.
The Biodiversity Convention
It is in the context of the unprecedented global ecological destruction that there have been demands for an international convention on biological diversity. In 1988, the UNEP initiated the process of forging a draft convention which deals with various aspects of biodiversity, viz. conservation in natural or human-modified surroundings, rational or sustainable use, safeguards of traditional knowledge and practices, and the exchange of information and technology between countries. The convention commits governments “to integrate consideration of the conservation and sustainable use of biological resources into national decision-making.” However, the Convention is silent on local traditional rights. It does not strongly commit governments to empower local communities to sustainably manage their resources while helping them to alter destructive practices. The Convention, which is a legally binding agreement, contains several provisions which would be advantageous to exploited nations. One such provision relates to the links between biodiversity and biotechnology. If both of these are for the benefit of humanity, then both must be globally accessible. Yet the developed countries have misused this common principle of “common heritage”. Themselves poor in biodiversity, these nations have for the last 2-3 centuries been forcibly looting the resources of the biologically rich tropical countries, yet denying to the latter the technologies and benefits arising out of these resources.
The Montreal Protocol (Ozone Treaty)
The Montreal Protocol, 1987, which came into force from January 1, 1989, was aimed at the elimination of ozone-depleting substances like CFCs (chlorofluorocarbons) at a uniform rate, irrespective of the development status of a country. The pact was signed by 48 nations, mostly developed countries. India and other developing nations like Malaysia and China refused to sign it because of pragmatic considerations and discriminatory clauses in the Protocol. The amendments to the pact resulted because of a firm stand taken by developing nations, including India. The amendments provided for a multilateral fund with obligatory contributions from developed nations, equal voting rights for all parties to the Protocol, a fund to cover all extra costs incurred by developing nations in meeting the obligations of Protocol, and to ensure the transfer of technology to developing nations. The amendments became operational from August, 1992. Developed countries were to phase out CFCs between 1995 and 2000 while developing nations were to begin their elimination programme in 2000 and end it only in 2010. In 1992 the parties to the Montreal Protocol met at Copenhagen and agreed to move the CFC phase-out deadline forward from 2000 to January 1, 1996. Also, the deadline for developing nations speeded up to a complete halt in using CFCs by the end of 2005.
Kuala Lumpur Conference
A ministerial level conference of developing nations in 1992, at Kuala Lumpur, Malaysia, adopted certain far-reaching declarations. For example, setting up of an international “green fund” for greening the Earth (each country to cover at least 30 per cent of its area with forests by 2000 A.D.) with a higher share from the developed nations. However, the U.S. rejected the proposal as the existing GEF was sufficient, and a country receiving funds may divert money for other purposes. Global Environmental Facility (GEF) is a UN mechanism (with the World Bank’s assistance) for funding the greening of the Earth and promoting sustainable development. India and other developing nations opposed it as it has a ‘donor bias’ and is not democratic. India at this conference also mooted the idea of an “environment tax” on developed nations to pay for the global environment clean up.
RIO CONFERENCE (EARTH SUMMIT)
Rio de Janeiro, Brazil, was chosen as the venue for an earth summit to effectively highlight the consequences of man’s recklessness and to devise strategies to combat the ecological disaster. This UN Conference for Environment and Development, held in June 1992, was attended by representatives of 178 nations and 115 heads of government. Issues dividing north and south (developed and developing nations) were placed in the agenda for discussion at the summit. Agenda 21, a blue-print for ecologically safe development up to year 2000 and beyond (21st century) was adopted by all the participating nations. Agenda 21 proposes an array of actions which are intended to be implemented by every person on Earth. The actions are specific and concrete proposals which are meant to address the sustainable and efficient use of our global natural resources, the effective management of pollution / waste products and the achievement of a basic standard of living for all humanity. The problem of the environment has come to be recognized as central to saving this planet. The Earth summit was intended to call attention to the environment as an urgent international issue and to agree on how to fix it. What the summit achieved is that the problem of the environment has come to be recognized as central to saving this planet and inscribed as the agenda of this day and age. However, the summit failed to achieve agreements on crucial environmental issues and to extract definite commitments for financial resources from the developed countries. The experience at the summit was that the developed nations were unwilling to bear the responsibility for their consumerism though they acknowledge that their model of civilization is bringing disaster for developing nations.
At the 1992 earth summit, a convention on climate change was concluded and it was decided that a review conference would be convened after a period of 5 years. Therefore, a conference on “climate change” was held at Kyoto, Japan on Dec 1, 1997 to review the progress made in 5 years and to chalk out plans and fix strategies / objectives for the future. The conference achieved some success as it took certain solid decisions, viz. that the emission of greenhouse gases from the 1990 level would be reduced by 8%, 7% and 6% by the European Union, America and Japan, respectively. Similarly, targets of 21 other industrial countries were fixed for reducing emissions of greenhouse gases. These targets are to be achieved between 2008 and 2012.
SUSTAINABLE DEVELOPMENT
Over the past few decades, indiscriminate deforestation, mineral exploitation, industrialization and urbanization have led to an unsustainable environment, particularly the creation of wastelands, polluted rivers and seas, global warming, acid rain, and deteriorating air. Environmental protection measures have thus become mandatory in order to achieve sustainable development globally. Sustainable development is development that meets the needs of the present without comprising the ability of the future generations to meet their own needs. It is a multi-dimensional concept with three interacting angles – ecology, economics and ethics. The reduction of poverty is a precondition for environmentally sound development in lower income countries. The report also recognizes the INTRAGENERATIONAL EQUITY, i.e. inequalities between countries, and stresses that several problems arise from inequalities and access to resources. The inability of mankind to promote the common interest in sustainable development is often a product of the relative neglect of economic and social justice within and amongst nations. Thus, the report emphasizes that the reduction of poverty is a precondition for environmentally sound development in lower income countries.
AGENDA FOR REFORM
The agenda for reform is large and comprehensive. Accepting the challenge to accelerate development in an environmentally responsible manner will involve substantial shifts in policies and priorities and will be costly. Failing to accept the challenge will be costlier still. But the value of this challenge becomes clear only when we realize that humanity is not distinct from nature, but a part of it. The motto should be: “You must give back to earth what you take from it.”
The author is a Law Student.