Appendix II

Global Summits on Environment

In order to move towards an environmentally sound planet, the global community must address the issue of global development through international cooperation, bilateral and multilateral programmes and regional initiatives. Removal of poverty is an integral part of the environmental goal of the world. International conventions normally attempt to build international consensus on environmental issues through:

• Discussions, convergence of decisions and signatures by the participant nations in agreement of the decisions.
• Ratification of the above at a national level by the participant countries.
• Enforcement of the convention decisions at international levels by member nations after the same are ratified by a minimum number of nations (to be decided during negotiations). The environmental calamities during the 1950s and 1960s in USA, UK and Japan generated widespread awareness about the dangers of environmental pollution. Today, the air we breathe in, is full of toxic gases, the water we need is either scarce or contaminated and the land we inhabit is also polluted. Much of the pollution is caused by the pattern of production and consumption in industrialized countries. The earth’s resources are mostly enjoyed by just 20 per cent of the world’s population. The first UN Conference on Human Environment was held in Stockholm (Sweden) from June 5–10, 1972 to express concern over the depletion of forest resources, mineral wealth, marine life and other natural wealth, and also to share a common concern over air and water pollution. Since then, the world has moved together to chalk out specific environmental action plans, concrete agendas, framing time, necessary standards, conservation strategies and developmental priorities. The UNCED (United Nations Conference on Environment and Development) or the Earth Summit-1992 was held at Rio de Janeiro, the capital of Brazil from June 3–14, 1992 to ensure the relationship between environment and development on a global partnership level.

The major international conventions/events/protocols on environment are listed below:

1. The conventions on oil, sea and hazardous waste disposals are listed as follows:
   • International Convention for the Prevention of Pollution of the Sea by Oil tankers, 1954 (London).
   • International Convention of Civil Liability for Oil Pollution Damage (as amended), 1969 (Brussels).
   • International Convention for the Prevention of Pollutions from Ships, 1973 (as modified by the Protocol of 1978).
   • UN Convention on the Law of the Sea 1982 (Montege Bay). It came into force in 1994 and established the rules governing all uses of the oceans and seas and their resources.
   • Basal Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal, 1989 (Basal, Switzerland).

   In the 1980s, some African countries suffered from environmental pollution caused by wastes moved from developed European states. To deal with this environmental issue, the convention was held to properly administer the transboundary movement of waste, mostly by ships.

2. The conventions on biodiversity and other related issues are listed as follows:
   • CITES (Convention on International Trade in Endangered Species of wild fauna and flora)

     A meeting of members of the IUCN (the world conservation union) took a resolution in 1963 which ultimately drafted CITES and agreed to be the representative of 80 countries in Washington DC in 1973. This became effective from July 1, 1975 and regulates international trade in specimens of selected species and bars import, export, re-export, and collection/disturbance of species in seas and flora/fauna banned or covered under licence. Today, CITES accords varying degrees of protection to more than 30,000 species of animals and plants, whether they are traded as live specimens, leather goods, food products, curios, timbers, medicines, fur coats or dried herbs while the international wildlife trade is estimated to be worth billions of dollars.

   • International Conference on Preservation of Marshes and Waterfowl, 1971 (Ramsar, Iran).

     This Convention was held to recognize the importance of marshes for animals, plants and migratory birds and the ecological system as a whole and to promote the conservation of marshes.

   • Convention on the Conservation of Migratory Species of Wild Animals, 1979 (Bonn).

     It came into force on November 1, 1983.

   • Convention on Protection of Migratory Birds between India and USSR (former), 1986.
   • CBD (Convention on Biological Diversity) was adopted in 1992 in Rio de Janeiro at the Earth Summit. It aims for the conservation of biological diversity. The sustainable use of its components and the just and equitable sharing of benefits arising out of the utilization of genetic resources.
   • Cartagena Protocol on Biosafety, 2000.

     Taking into account transboundary movement and risks to human health, the Convention ensures protection in the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse impacts on the conservation and sustainable use of biological diversity. Biotechnology is an emerging science that enables man-made techniques of change in DNA/ genetic materials in plants, animals, microbial systems, leading to useful products and technologies.

   • International Plant Protection Convention (IPPC).

     It is a treaty under the United Nations Food and Agricultural Organisation (FAO) to control pests, with the more specific purpose of adopting common and effective actions to prevent the spread and introduction of pests of plant and plant products and promoting measures for their control.

3. Conventions on issues such as climate change, ozone layer depletion are listed as follows:
   • Convention for the Protection of Ozone Layer, 1985 (Vienna).

     The ozone layer around the globe absorbs most of the ultraviolet (UV-B) rays that harms creatures. Depletion of the ozone layer is therefore, harmful to both the human body and the ecological balance due to the increase in ultra violet rays on the earth. Chlorofluorocarbons (CFC) and some other substances destroy the ozone layer and thus substances such as CFCs are to be avoided.

   • Montreal Protocol on Substances that Deplete the Ozone Layer, 1987.

     The parties to the Montreal Protocol established a fund with contributions by developed countries to provide financial resources to developing countries to reduce ODS (Ozone Depleting Substances), namely CFCs, halons, carbon tetrachloride, methyl chloroform and so on. Ultimately, these substances are to be phased out.

   • UNFCCC (United Nations Framework Convention on Climate Change), 1992.

     It was adopted at the Earth Summit at Rio de Janeiro with the objective of stabilizing the density of greenhouse gases and reducing the limits of emissions of these gases.

   • Kyoto Protocol, 1994.

     It is the protocol of the UNFCCC for the purpose of stabilizing Greenhouse gas concentration in the atmosphere at a level that would prevent dangerous man-made climate changes. It became effective on March 21, 1994.

4. International protocols on regional development/protection are listed as follows:
   • UNCCD (United Nations Convention to Control Desertification).

     Developing countries such as African countries, which are experiencing serious drought and/ or desertification need to evolve national and regional initiatives to stop desertification. This Convention provides the scope for the affected developing countries to initiate such actions and the developed countries to support such efforts.

   • Antarctica Treaty.

     This Treaty provides a protocol on environmental protection to the Antarctica by the countries exploring the possibilities of using its resources.

5. International conventions on pesticides, chemicals, hazardous wastes are listed as follows:
   • Stockholm Convention, 1998–2000.

     The Stockholm Convention aims to reduce and eliminate 12 Persistent Organic Pollutants (POPs) that may affect our future generations. They are dioxin, furan, DDT, and so on. These chemicals remain intact in the environment for a prolonged period, get widely distributed geographically and accumulate in the fatty tissues of living organisms. They are toxic and harmful to human beings and wildlife. This convention was completed in five inter-governmental meetings during 1998–2000.

   • Rottendam Convention on the Prior Informed Consent (PIC) Procedures for Certain Hazardous Chemicals and Pesticides in International Trade.

     Toxic pesticides and other hazardous chemicals are very harmful to human beings, wildlife and the environment and are affecting many of them every year. Various governments started a voluntary PIC procedure in the 1980s in their trading to minimize the harmful effects. Rottendam convention in 1998 wanted to enforce and legalize it. It is applicable to banned or severely restricted chemicals and severely hazardous pesticides formulation. It became effective on February 24, 2004.

6. Convention on Access to Information, Public Participation and Decision-making and Access to Justice in Environmental Matters, June 15, 1998 (Aarhus, Denmark).

   This is a new form of environmental agreement related to environmental rights.

7. Earth Summit-1992

   The United Nations Conference on Environment and Development, that is the Earth Summit-1992 was held in Rio de Janeiro, the capital of Brazil. Held from June 3–14, 2002, the Summit was the largest ever historic assembly of world leaders in which representatives of more than 170 countries, including 115 heads of states and governments participated. The Rio Earth Summit marked the 20^th anniversary of the Stockholm Conference and the founding of UNEP. The main objective of the summit was:

   • Scientific understanding of global climate changes phenomena, namely, ozone layer depletion, acid rain and global warming.
   • Biodiversity.
   • Conservation of the national ecosystem including forests.

   The following four crucial documents were adopted in the summit:

   1. Rio Declaration or Draft Earth Charter with 27 guiding principles.
   2. Convention on climate change and biodiversity.
   3. Convention on forests.
   4. Agenda-21 or action plan for achieving sustainable development in the 21^st century.

   The 27 guiding principles of the Earth Charter are as follows:

   1. Human beings are the core beneficiaries of sustainable development. Therefore, they must live a healthy and productive life in harmony with nature.
   2. In accordance with the UN charter on the principles of international law, the states have a sovereign right to exploit their own resources as regards their own environmental and development policies, and will be responsible to ensure that those activities are within their jurisdiction or control and do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction.
   3. The right to development must be fulfilled to ensure fulfillment of equitable developmental and environmental needs of the present and future generations.
   4. For sustainable development, environment protection is an integral part of the development process and cannot be considered in isolation from it.
   5. All states and people shall be cooperative in the essential task of eradication of poverty as an indispensable requirement for sustainable development and decreasing the disparities in standards of living and fulfilment of the needs of the majority of the people of the world.
   6. The special situation and needs of developing countries, particularly the least developed and those most environmentally vulnerable shall be given special priority. International actions should also address the interests and needs of all countries.
   7. States shall cooperate in the 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 environment degradation, states have common but differentiated responsibilities.
   8. To achieve sustainable development and better quality of life, the states should reduce and eliminate unsustainable patterns of production and consumption and promote appropriate demographic policies.
   9. States should strengthen endogenous capacity building for sustainable development by improving scientific understanding and enhancing development by adaptation, diffusion and transfer of technologies including new and innovative technologies.
   10. Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. Each individual shall have appropriate access to information concerning the environment and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administration proceedings including redressal and remedy shall be provided.
   11. States shall enact effective environmental legislation. Environment standards, management objectives and priorities should reflect the environmental and development context to which they apply.
   12. States shall cooperate to promote a supportive and open international economic system that would lead to economic growth and sustainable development in all countries, to better address the problem of environmental degradation. Environmental measures addressing transboundary or global environment problems should as far as possible be based on an international consensus.
   13. States shall develop a national law regarding the liability and compensation for the victims of pollution and other environmental damages and also contribute to the expenditure in a more determined manner to develop future international laws regarding the liability and compensation for adverse effects of environment damage.
   14. States should effectively cooperate to discourage or prevent the relocation and transfer of any activities and substance harmful to human health and environment to other states.
   15. In order to protect the environment, the precautionary approach shall be widely applied by states in accordance to their capabilities.
   16. National authorities should endeavour to promote the internalization of environmental cost and the use of economic instruments, keeping in mind that the polluter should, in principle bear the cost of pollution.
   17. Environmental Impact Assessment shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to the decision of a competent national authority.
   18. States shall immediately notify other states of any natural disaster or other emergencies that are likely to produce sudden harmful effects on the environment of those states and the international community to help the afflicted states.
   19. States shall provide prior and timely notification, relevant information and consult with potentially affected states on activities that may have significant adverse transboundary environmental effects.
   20. Women have a vital role to play in environmental management and development. Their total participation is therefore essential to achieve sustainable development.
   21. 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 a better future for all.
   22. Indigenous people and their communities and other local communities have a vital role to play in environmental management and development because of their knowledge and traditional practices. States should recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development.
   23. The environment and natural resources of the people under oppression, domination and occupation shall be protected.
   24. Warfare destroys sustainable development. Therefore, there shall be respect for the international law providing protection for the environment in times of armed conflict.
   25. Peace and development are interdependent and indivisible for environmental protection.
   26. States shall resolve all their environmental disputes peacefully and by appropriate means in accordance with the chapter of the United Nations.
   27. States and people shall cooperate in good faith and in spirit of partnership in the fulfilment of the principles embodied in this declaration and in the future development of international law in the field of sustainable development.

Agenda-21 (Action Plan)

Agenda–21 envisages implementation of the programme with target and cost estimates in all the areas of environment and development. Targets are to be linked to availability of resources. The crucial question was how much funds should be provided and by whom. There are 150 items of which nine depend on future mechanisms. According to a UNCED estimate, $625 billion was required by the end of 2000 to implement this action plan. But developing countries felt that they would need ‘new and additional’ resources over and above the estimated levels for sustainable development. Hence, the developing countries should not be asked to pay the sum they can ill-afford. The developed world, led by USA has been talking of a common responsibility. However, inclusion of the word ‘differential responsibility’ to the document has been an achievement for the developing countries. The US was more concerned with the Dunkel draft over patent laws and Intellectual Property Rights and shunned its obligation of providing new and additional funds and transfer of technology to needy nations. The summit also failed to raise enough funds for GEF for launching Agenda-21 Plan of action for the 21^st century.

Though the US and other industrialized countries, including EEC, signed a convention on climate change, they refused to make a specific time-bound commitment to bring down the levels of emission of CO₂ and other gases. The only achievement of the summit is that it has put environmental issues including protection of the ‘Only One Earth’, on the world agenda, with a new added consciousness to protect it against any future degradation.

The full implementation of Agenda-21, the programme for further implementation of Agenda-21, and the commitments to the Rio principles were strongly reaffirmed at the World Summit on Sustainable Development (WSSD) held in Johannesburg, South Africa from August 26 to September 4, 2002.