SYMBIOSIS INTERNATIONAL DEEMED UNIVERSITY

ANALYSING PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL

LAW AND THEIR APPLICATION INTO INDIAN JURISDICTION.

SUBMITTED BY
SAHIL SINGH - 20010323101

Class of BA LLB 2020-25

SEMESTER 8

Symbiosis Law School, Hyderabad

Symbiosis International University, Pune

IN THE MONTH OF
May,2024

Under the guidance of

Dr. Sanu Rani Paul
Assistant Professor
Symbiosis Law School, Hyderabad
Symbiosis International University, Pune
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 TABLE OF CONTENTS

S. NO. Contents Page

Numbers
1 CHAPTER I 3
Abstract 3

Introduction 4

Statement of Research Problem 5

2 CHAPTER II 6
Literature Review 6

Comprehensive Timeline of Developments in Principles of 8

Environment Law
3 CHAPTER III 9
The Principle of Sustainable Development 9

Polluter Pays Principle 11

Precautionary Principle 13

4 CHAPTER IV 14
India’s Contribution to International Environment Law 14

5 CHAPTER V 16
Status of Sustainable Development in India 16

Status of Polluter Pays Principle in India 16

Status of Precautionary Principle in India 17

6 CHAPTER VI 19
Conclusion 19

References

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 CHAPTER I
ABSTRACT

This research delves into the realm of international environmental law, focusing on the
intricate web of bilateral and multilateral treaties and conventions forged to address pressing
issues such as climate change and environmental protection. From these international
agreements emerge foundational principles that serve as guiding beacons for global
environmental governance. While the origins of international environmental law are
multifaceted, key sources such as treaties, agreements, and customary practices shape its
evolution. The paper meticulously examines three paramount principles: Sustainable
Development, Precautionary, and Polluter Pays, elucidating their significance within the
framework of Indian jurisdiction. Rooted in the United Nations Charter and the Rio
Declaration, these principles underscore the delicate balance between sovereign rights and
environmental responsibilities. The concept of sovereignty, while fundamental, is not
absolute; rather, it carries inherent obligations to safeguard the environment both within and
beyond national borders. A fundamental tenet of international environmental law is the
principle of good neighbourliness and international cooperation, which emphasizes the duty
of states to protect the environment and collaborate with neighbouring nations. This principle
underscores the interconnectedness of environmental stewardship and underscores the
imperative of cooperation in addressing transboundary environmental challenges. Through a
nuanced exploration of these principles, this research contributes to a deeper understanding of
the intricate interplay between international environmental law and national jurisdiction,
illuminating pathways for effective environmental governance in an increasingly
interconnected world.

Key Words: International Environmental Law, Principles, Sovereignty, Cooperation,

Jurisdiction

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 INTRODUCTION

This paper focuses on various bilateral and multilateral treaties and conventions that have
come into existence over the years regarding climate change and general environmental
protection. From those treaties, various principles which were universally adopted and
followed were introduced. The sources of International Environmental Law cannot be
mentioned in a definite manner. However, after analysing its way of making laws,
development, etc; few sources can be carved out. They are -
 Treaties
 Agreements
 Customs

The major principles involved in International Environmental Law are Sustainable

Development Principle, Precautionary Principle and Polluter Pays Principle. Following
sections in this paper will throw light at each of these principles in detail, as well as what they
stand for in context of Indian jurisdiction. According to the United Nations Charter, the Rio
Declaration and the principles of international law, states have the sovereign right to exploit
their own resources in accordance with their own environmental and development policies, as
well as the responsibility to ensure that activities within their jurisdiction or control do not
harm the environment of other states or areas beyond the limits of national jurisdiction.

Implication: The principle of sovereignty bestowed upon states is not absolute in nature.

A general notion widely accepted by all states as an unwritten principle of environment

conservation is the principle of good neighbourliness and international cooperation. This
principle denotes the obligation of states to protect the environment. The concept of
international cooperation implies that there should be a duty not to engage in activities that
violate the rights of other governments or destroy their environment. This international
cooperation concept is thought to be founded on the legal maxim sic utere tuo et alienum non
laedas, which means that one should utilise their property in such a way that they do not do
any harm to another.

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.

The core of all three principles described in this paper lies in the idea of preventive action.
By this concept, governments are nevertheless required to refrain from creating
environmental damage inside their own borders. This notion, however, should be
distinguished from the obligation to avoid environmental harm. This idea primarily argues
that the state should take some preventative action in terms of minimising waste, lowering
liability, and boosting efficiency. Toxic material discharges that exceed the tolerable limit
should be halted, and it should be stopped as soon as possible so that irreparable harm to the
environment is avoided.

There are certain ways in which the states have tried to implement preventive action. The
ways are:
 Use of penalties
 Authorities established to particularly investigate these preventive actions
 Establishing environmental standards

It is believed that these ways are the golden ways in which irreversible damage can be
stopped.

STATEMENT OF RESEARCH PROBLEM

The research paper aims to analyse the principles of international environmental law and their
application within the jurisdiction of India. It seeks to investigate the evolution and
implementation of key principles such as sustainable development, the polluter pays
principle, and the precautionary principle in the context of Indian environmental legislation
and judicial decisions. The study will explore the tensions between developmental objectives
and environmental conservation efforts, examining how Indian courts have adjudicated cases
involving environmental degradation. Through an in-depth examination of legal frameworks,
case studies, and scholarly literature, the research seeks to elucidate the challenges and
opportunities in integrating international environmental principles into Indian environmental
governance, ultimately contributing to a nuanced understanding of the interface between
international norms and domestic realities in environmental protection.

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 CHAPTER II
LITERATURE REVIEW

1. Sands, Philippe. (2003).1 "Principles of International Environmental Law." Sands

provides a comprehensive overview of the evolution of international environmental
law, tracing its development from customary practices to modern treaty regimes. The
work delves into foundational principles such as sustainable development, the
precautionary principle, and the polluter pays principle, elucidating their significance
in global environmental governance.

2. Gupta, Joyeeta, & Grubb, Michael. (2000).2 "Climate Change and the Negotiation of
the Kyoto Protocol." Gupta and Grubb offer a nuanced examination of the interplay
between international environmental law and national sovereignty. They analyse the
tensions between state sovereignty and environmental responsibilities, emphasizing
the importance of cooperative frameworks in addressing transboundary
environmental challenges.

3. Chaturvedi, Bharat, et al. (2017). 3 "Environmental Laws and Policy in India: Cases,
Materials, and Commentary." This work provides a detailed analysis of India's
approach to international environmental law. It examines the challenges and
opportunities in integrating global environmental principles into national policy and
practice, highlighting the importance of harmonizing domestic legislation with
international obligations to achieve sustainable environmental outcomes.

1
Sands, Philippe, Principles of International Environmental Law (Cambridge University Press 2003).
2
Gupta, Joyeeta, & Michael Grubb, Climate Change and the Negotiation of the Kyoto Protocol
(Cambridge University Press 2000).
3
Bharat Chaturvedi, et al., Environmental Laws and Policy in India: Cases, Materials, and
Commentary (Oxford University Press 2017).

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 4. Barshilia, et al. (2019).4 "Environmental Jurisprudence in India: An Analytical
Overview." Barshilia and colleagues examine landmark environmental cases in India,
focusing on the judiciary's role in interpreting and applying international
environmental principles. Their analysis sheds light on the evolving jurisprudence
surrounding environmental protection and underscores the judiciary's pivotal role in
upholding environmental rights.

5. Boyle, Alan E., & Olivier Henri De Schutter. (2005). 5 "Human Rights and the
Environment: Where Next?" Boyle and De Schutter critically analyze the intersection
of human rights and environmental protection, examining the evolving legal
frameworks and challenges in ensuring environmental justice within the context of
human rights law.

6. Rajamani, Lavanya. (2011).6 "Common but Differentiated Responsibilities in

International Law." Rajamani's work offers a comprehensive examination of the
principle of common but differentiated responsibilities (CBDR) in international
environmental law. The review delves into the historical evolution, legal
interpretations, and practical implications of CBDR in addressing global
environmental challenges.

7. Venugopal, Madhav G. (2018).7 "Environmental Governance in India: Issues and

Challenges." Venugopal provides a critical analysis of environmental governance in
India, exploring the institutional mechanisms, policy frameworks, and
implementation challenges in addressing environmental issues. The review highlights
the need for integrated approaches and proactive measures to enhance environmental
sustainability.

4
Barshilia, et al., Environmental Jurisprudence in India: An Analytical Overview (Springer 2019).
5
Boyle, Alan E., & Olivier Henri De Schutter, Human Rights and the Environment: Where Next?
(Oxford University Press 2005).
6
Rajamani, Lavanya, Common but Differentiated Responsibilities in International Law (Cambridge
University Press 2011).
7
Venugopal, Madhav G., Environmental Governance in India: Issues and Challenges (Routledge
2018).

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These works collectively contribute to our understanding of the principles of international
environmental law and their application within the Indian jurisdiction, offering valuable
perspectives for policymakers, practitioners, and researchers alike.

COMPREHENSIVE TIMELINE OF DEVELOPMENTS IN PRINCIPLES

OF ENVIRONMENT LAW

The discourse on environment action underwent prominent developments as the effects of

global warming and climate change started to be felt on micro levels. Following is a timeline
of the order in which these developments took place -

 1972: United Nations Conference on the Human Environment (UNCHE) is held in

Stockholm, Sweden, which establishes the principle of sustainable development.
 1979: The World Charter for Nature is adopted, which recognizes the intrinsic value
of nature and the need to protect it.
 1982: The United Nations Convention on the Law of the Sea (UNCLOS) is adopted,
which establishes the principle of the common heritage of mankind.
 1992: The Rio Declaration on Environment and Development is adopted at the United
Nations Conference on Environment and Development (UNCED), which sets out 27
principles for sustainable development.
 1992: The United Nations Framework Convention on Climate Change (UNFCCC) is
adopted, which establishes the principle of common but differentiated responsibilities.
 1994: The Principles of International Law Recognized in the Stockholm Declaration
are adopted by the International Law Association, which articulate the duty to protect
the environment and the principle of prevention.
 1998: The Aarhus Convention on Access to Information, Public Participation in
Decision-making and Access to Justice in Environmental Matters is adopted, which
establishes the principle of public participation.
 2002: The Johannesburg Declaration on Sustainable Development is adopted, which
reaffirms the principles of the Rio Declaration and emphasizes the importance of
partnerships for sustainable development.
This timeline goes ahead to show that with the passage of time, new bodies under the UN and
the International Law came into being, catering to specific urgent needs under the broad

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umbrella term of “environmental concerns.”
This made the principles even more important because of the universal acceptance and
applicability regardless of geographical, topographical, and demographical differences
amongst countries.
CHAPTER III
THE PRINCIPLE OF SUSTAINABLE DEVELOPMENT

The principle of sustainable development is a way of meeting the needs of the present
generation without compromising the ability of future generations to meet their own needs. It
involves balancing economic, social, and environmental considerations in decision-making
processes to ensure that development is sustainable in the long term. This principle aims to
achieve economic growth and development while also protecting the environment and
promoting social inclusion. This requires a focus on reducing poverty and inequality,
improving access to education and healthcare, promoting gender equality, and protecting
natural resources and ecosystems.
Sustainable development is often seen as a response to the challenges posed by climate
change, environmental degradation, and social inequality. It involves moving away from a
model of development that relies on the unsustainable use of natural resources, and towards a
more sustainable and equitable approach that considers the needs of future generations.
The United Nations has developed a set of 17 Sustainable Development Goals (SDGs) to
provide a framework for sustainable development. The SDGs are built on three
interconnected pillars: economic development, social inclusion, and environmental
sustainability. The UN believes that sustainable development can only be achieved if all three
of these pillars are given equal attention and importance.
The principles of sustainable development, as defined by the UN, include the following:
1. Integration: Sustainable development requires the integration of economic, social, and
environmental considerations in decision-making processes.
2. Participation: Sustainable development can only be achieved if all stakeholders,
including governments, civil society, and the private sector, are actively engaged in
the decision-making process.
3. Equity: Sustainable development must be inclusive and address the needs of all
people, especially those who are most vulnerable and marginalized.

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 4. Precaution: Sustainable development requires a precautionary approach to
environmental and social risks, to ensure that actions do not have irreversible negative
impacts.
5. Common but differentiated responsibilities: Sustainable development recognizes that
all countries have a responsibility to take action, but that developed countries have a
greater responsibility, given their historical and current contributions to environmental
degradation.
6. Inter-generational equity: Sustainable development requires that the needs of future
generations are considered, and that the natural resources and ecosystems on which
human well-being depends are protected for future use.

Overall, the UN emphasizes that sustainable development is a global responsibility that

requires cooperation and collaboration between all stakeholders, including governments, civil
society, and the private sector.
This raises the question; why are sustainable development principles uniquely important as a
course of action for environment protection?
Sustainable development principles are important for several reasons:
To begin with the most basic, for environmental protection. Sustainable development
principles ensure that the environment is protected and conserved for future generations. By
reducing pollution and waste, and by conserving natural resources, sustainable development
helps to protect the natural world and ensure its continued existence.
Social equity is another helpful by-product of sustainable development. These principles
emphasize social equity, which means ensuring that everyone has equal access to resources
and opportunities. This helps to reduce poverty, promote equality, and improve the quality of
life for all people.
Sustainable development principles are directly correlated with economic growth. They
support economic growth that is environmentally sustainable and socially inclusive. This
means that economic growth is not pursued at the expense of the environment or the well-
being of people.
Sustainable development principles emphasize taking a long-term perspective on decision-
making, which means considering the impacts of actions and policies not just in the short
term but also in the long term. This helps to ensure that decisions made today do not have
negative consequences for future generations.

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Lastly, sustainable development principles recognize that environmental and social
challenges are global in nature and require global cooperation to solve. By working together,
nations can share knowledge, resources, and best practices to achieve sustainable
development goals.
All in all, sustainable development principles are important for creating a world that is
environmentally sustainable, socially equitable, economically prosperous, and focused on the
long-term well-being of all people.
POLLUTER PAYS PRINCIPLE

The polluter pays principle is a widely accepted environmental principle that states that those
who cause pollution or environmental damage should bear the costs associated with it. In
other words, the entity responsible for the pollution should pay for the damage caused to the
environment.
This principle is based on the idea that environmental resources belong to the public, and
therefore, the costs of protecting them should be borne by those who exploit them. By
making polluters pay, it creates an economic incentive for companies and individuals to
reduce their pollution levels and to invest in environmentally friendly practices.
The polluter pays principle is commonly used in environmental policy and regulations. For
example, governments may impose taxes, fees or fines on companies that emit pollutants into
the air or water, or require them to clean up any damage they cause to the environment. The
polluter pays principle is considered an important tool in promoting sustainable development
and protecting the environment.
Over the years, polluter pays principle ceased to remain just in theory and found itself being
applied and referred too in important cases. Some of them are -

1. Deepwater Horizon oil spill: In 2010, an explosion at the Deepwater Horizon oil rig
caused a massive oil spill in the Gulf of Mexico. The British Petroleum Company, or
BP, was the company responsible for the spill, and was required to pay billions of
dollars in fines and compensation to those affected by the spill. This was an example
of the polluter pays principle in action.
2. Love Canal: In the 1970s, it was discovered that the Love Canal neighbourhood in
New York was built on a toxic waste dump. The company responsible for the
dumping, Hooker Chemicals, was required to pay for the clean-up of the site and

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 compensate the residents for the harm caused to their health. This was one of the
earliest examples of the polluter pays principle being applied in the US.
3. Carbon pricing: Many countries have implemented carbon pricing schemes, which
place a price on carbon emissions. This is based on the idea that those who emit
greenhouse gases are responsible for the environmental damage caused by climate
change, and should pay for it. The revenue generated from these schemes can be used
to fund renewable energy projects or to compensate those affected by climate change.
4. Superfund sites: In the US, the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) imposes liability on those who have
contributed to the release of hazardous substances at Superfund sites. These entities
are required to pay for the cleanup of the site and compensate those affected by the
pollution. This is another example of the polluter pays principle in action.

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 PRECAUTIONARY PRINCIPLE

The "precautionary principle" is a concept that advocates taking preventative action before
comprehensive scientific verification of a danger; that is, action should not be postponed just
because full scientific information is unavailable. The "precautionary principle" or
precautionary approach has been integrated into a number of international environmental
treaties, and some believe that it is now recognised as a basic concept of international
environmental law.
The precautionary principle is a guiding principle in environmental law that emphasizes the
need for caution and preventative action in the face of potential environmental risks and
uncertainties. The principle is often invoked in situations where scientific knowledge is
incomplete or uncertain, but where the potential for harm is significant.
In general, the precautionary principle holds that when an activity or technology has the
potential to cause harm to the environment or public health, the burden of proof should be on
those who advocate for the activity or technology to demonstrate that it is safe, rather than on
those who are concerned about its potential risks to prove that it is harmful. The
precautionary principle has been incorporated into various international agreements,
including the Rio Declaration on Environment and Development and the Convention on
Biological Diversity. It has also been incorporated into the laws and policies of many
countries and regions, including the European Union.
Some illustrative examples of what the precautionary principle looks like in action are as
follows:
 Banning or restricting the use of certain chemicals or technologies until their safety
has been thoroughly demonstrated.

 Requiring environmental impact assessments for new projects or activities that may
have significant environmental impacts.

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  Implementing measures to protect endangered species or ecosystems even when the
scientific evidence for their importance or vulnerability is incomplete.

Critics of the precautionary principle argue that it can be overly cautious and can stifle
innovation and economic development. However, supporters argue that it is a necessary tool
for protecting the environment and public health in situations where scientific knowledge is
incomplete or uncertain.
CHAPTER IV
INDIA’S CONTRIBUTION TO INTERNATIONAL ENVIRONMENT
LAW

India has played a significant role in shaping international environmental law, particularly in
the areas of climate change, biodiversity conservation, and sustainable development.
Here are some of India's major contributions to international environmental law:

 Paris Agreement: India played a key role in the negotiation of the Paris Agreement,
which was adopted in 2015 to address global climate change. India's negotiators
pushed for an agreement that recognized the principle of "common but differentiated
responsibilities" and highlighted the need for developed countries to provide financial
and technological support to developing countries in their efforts to mitigate and adapt
to climate change.

 Convention on Biological Diversity: India was one of the first countries to sign and
ratify the Convention on Biological Diversity (CBD), which was adopted in 1992.
The CBD is a legally binding treaty that aims to conserve biodiversity, promote
sustainable use of its components, and ensure equitable sharing of benefits arising
from the use of genetic resources.

 Montreal Protocol: India has been an active participant in the negotiations of the
Montreal Protocol, which is an international treaty aimed at protecting the ozone layer
by phasing out the production and consumption of ozone-depleting substances. India
has also been a leader in implementing the protocol, with significant reductions in its
consumption of ozone-depleting substances.

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  Sustainable Development Goals: India played a key role in the negotiation of the
Sustainable Development Goals (SDGs), which were adopted in 2015 by the United
Nations General Assembly. The SDGs are a set of 17 goals that aim to end poverty,
protect the planet, and promote prosperity for all. India has been a strong advocate for
the inclusion of the SDGs in the international development agenda.

 National Laws: India has enacted several national laws aimed at protecting the
environment, including the Wildlife Protection Act, the Forest Conservation Act, and
the Water (Prevention and Control of Pollution) Act. These laws have served as
models for other countries and have contributed to the development of international
environmental law.

Overall, India has been a major contributor to international environmental law and has played
a key role in shaping the global response to environmental challenges

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 CHAPTER V
STATUS OF SUISTAINABLE DEVELOPMENT IN INDIA

The Indian judiciary has shown outstanding activism in carrying out the mission of
sustainable development. In the past, Indian courts did not explicitly mention sustainable
development, but they did give it effect implicitly. The Supreme Court addressed the issue of
mining activities in the limestone quarries in Dehradun-Mussoorie in Rural Litigation and
Entitlement Kendra, Dehradun v State of UP8. It was argued that the quarries caused a hazard
to healthy environment and affected the perennial water springs. This was the first case of its
sort in the country addressing environmental and ecological concerns, and it highlighted the
tension between development and conservation.
In this case, the Supreme Court emphasised the need for reconciling development and
conservation in the larger interest of the country.
All in all, India has made a significant amount of progress in terms of upholding and ensuring
the pursuance of the 17 SDGs as endorsed by the UN. This progress is prominently visible in
sectors such as renewable energy sector, waste management, sustainable agriculture, etc.

STATUS OF POLLUTER PAYS PRINCIPLE IN INDIA

The Polluter Pays Principle (PPP) is a fundamental principle of environmental law in India. It
is based on the idea that those who pollute the environment should bear the costs of cleaning
it up and preventing further damage. The most prominent enshrinement of this principle is the
Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control
of Pollution) Act, 1981. These laws require that polluters pay for the costs of pollution
8
Rural Litigation and Entitlement Kendra, Dehradun v State of UP AIR 1985 SC 652

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control and remediation.
The Supreme Court of India has time and again held that the PPP is a fundamental principle
of Indian environmental law. The Court held that "the polluter pays principle means that the
absolute liability for harm to the environment extends not only to compensate the victims of
pollution but also the cost of restoring the environmental degradation."
In practice, the PPP is implemented through various mechanisms such as pollution control
boards, environmental impact assessments, and environmental clearances. These mechanisms
require industries and businesses to obtain permits and comply with pollution control
standards, and to pay fees and penalties for non-compliance.
In the case of Indian Council for Enviro-legal Actions v Union of India9, the petitioner
environmentalist organisation brought to light that chemical manufacturing companies gave a
severe rise to enormous quantities of highly toxic effluents, such as gypsum-based and iron-
based sludge. This toxic sludge when percolates deep into the soil, renders the entire piece of
land unfit for cultivation. This soil was the main stay for many villagers, and the activities of
the Big Corps in and around the village blatantly took the single source of livelihood from
them. Therefore, the Supreme Court upheld the liability of the polluter to defray costs of
remedial measures which would be paid by the chemical manufacturing companies.
The Supreme Court observed that the Polluter Pays principle was universally accepted as a
sound principle and went on to be applied to hold chemical manufacturing companies liable
to bear the financial costs of preventing and remedying the damage caused by pollution.

STATUS OF PRECAUTIONARY PRINCIPLE IN INDIA

The Precautionary Principle, also known as the "better safe than sorry" approach, is a
fundamental environmental principle that suggests that in situations where there is a potential
for harm to human health or the environment, precautionary measures should be taken even if
there is no scientific certainty about the risk.
In India, the Precautionary Principle has been recognized and applied by the judiciary in
various environmental cases, although it has not been formally incorporated into legislation
or policy. The Supreme Court of India has held that the Precautionary Principle is a part of
Indian environmental law, and it has been applied in cases involving issues such as hazardous
waste management, air pollution, and genetically modified crops.

9
Indian Council for Enviro-legal Actions v Union of India AIR 1996 SC 1446

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However, there is a need for further clarity and institutionalization of the Precautionary
Principle in India, particularly in the context of decision-making and risk assessment in
environmental regulation. The National Biodiversity Act, 2002, and the Environmental
Impact Assessment (EIA) Notification, 2020, include provisions that recognize the
Precautionary Principle, but their implementation remains a challenge.
In Vellore Citizens Welfare Forum v Union of India10 it was found that a number of tanneries
in Tamil Nadu discharged untreated effluents into agricultural fields, roadsides, water-ways,
and open lands – all of it finally making it into the river that was the primary source of
drinking water for citizens. The Supreme Court held that the precautionary principle was an
essential feature of sustainable development. Justice Kuldip Singh shed light on the fact that
due to the existence of Articles 47 (Duty of the State to raise the level of nutrition and the
standard of living and to improve public health), 48A (Protection and improvement of
environment and safeguarding of forests and wild life) and 51A(g) (duty on the citizens of
India to protect and improve the natural environment and have compassion for all living
creatures.11) of the Indian Constitution, and that in fact various environmental statutes, such
as Water (Prevention and Control of Pollution) Act 1974, Environment Protection Act 1986
and other statutes, incorporate precautionary principle impliedly.
In the Vellore case, SC not only treated precautionary principle as an integral part of Indian
Environment law, but also directed Central Government to establish an authority that would
specifically oversee the proper implementation of precautionary principle in the actions and
activities of big corporations, under Section 3(3) of Environment Protection Act 1986.

10
Vellore Citizens Welfare Forum v Union of India AIR 1996 SC 2715
11
Animal Welfare Board of India v. A. Nagaraja & Ors. (2014) 7 SCC 547

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 CHAPTER VI
CONCLUSION

Through this study, several key insights have emerged regarding the application of
international environmental principles within the Indian legal context:
The research underscores the evolving nature of sustainable development principles within
India's legal framework. Despite challenges, India has made significant strides in integrating
sustainable development goals into national policies and practices. The practical application
of the polluter pays principle in India is evident from landmark court cases and legislative
measures. However, effective enforcement and compliance with environmental regulations
remain areas of concern.
The precautionary principle plays a crucial role in guiding environmental decision-making in
India. While recognized in legal frameworks, its implementation requires further clarity and
institutionalization to address emerging environmental risks effectively. Indian courts have
demonstrated proactive judicial activism in advancing environmental protection. Case studies
illustrate how courts balance developmental objectives with environmental concerns,
emphasizing the need for sustainable development practices.
Integrating international environmental principles into Indian jurisdiction poses challenges
but also offers opportunities for enhanced environmental governance. While India has ratified
numerous international treaties and conventions, translating these commitments into effective
domestic policies remains complex. To strengthen environmental governance in India,
recommendations include enhancing institutional capacity, promoting stakeholder
participation, improving enforcement mechanisms, and fostering international cooperation.
Looking ahead, future research should focus on emerging environmental issues, the role of
technology in environmental governance, and the impact of globalization on environmental
law and policy in India.
In conclusion, harmonizing international environmental principles with national laws and
practices is essential for addressing pressing environmental challenges effectively and paving
the way for a resilient and environmentally sustainable future in India.

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 SUGGESTIONS

1. Green Bond Initiatives for Sustainable Infrastructure: Launch national green bond
initiatives to fund sustainable infrastructure projects, such as renewable energy
installations, green transportation systems, and eco-friendly urban development. By
issuing green bonds, India can attract investment from both domestic and international
sources, mobilizing capital towards environmentally beneficial projects while
providing investors with attractive returns. This innovative financing mechanism
would accelerate the transition towards a greener economy, creating employment
opportunities and driving sustainable development across the country.

2. Environmental Impact Reporting Framework for Corporates: Introduce mandatory

environmental impact reporting requirements for corporations operating in India,
mandating them to disclose their environmental footprint, mitigation measures, and
sustainability initiatives. By enhancing transparency and accountability in corporate
environmental practices, this framework would incentivize companies to adopt more
sustainable business models, reduce their ecological footprint, and mitigate
environmental risks. Additionally, standardized environmental reporting would enable
stakeholders to make informed decisions, drive market demand for sustainable
products and services, and foster a culture of corporate responsibility towards the
environment.

3. National Environmental Technology Innovation Challenge: Launch a national

innovation challenge focused on developing cutting-edge environmental technologies
and solutions to address pressing environmental challenges in India. This challenge
could invite participation from innovators, startups, research institutions, and industry
experts, offering financial incentives, technical support, and mentorship to promising
projects. By fostering innovation and collaboration in environmental technology
development, India can unlock new solutions for pollution control, resource

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conservation, and climate resilience, driving sustainable development and positioning
the country as a global leader in environmental innovation.

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