National Journal of Environmental Law

Sustainable Soultions for Controlling Marine Pollution and Enhancing Waste Management Regulations in India

Durga Vatsala — Thu, 04 Jan 2024 00:00:00 +0000

Oceans play major role in providing essential global resources for human existence. Our planet is surrounded by 70 percent of water. It also produces major amounts of oxygen and plays vital role in maintaining ecological balance. It helps us to regulate climate, produce food and energy, provides foundation for world economy etc., but major of the marine pollutions were caused by humans and nonpoint source pollution i.e., runoff flows from land to sea. Land contributes 80 percent of pollution to marine environment. In simple terms marine pollution is defined as a mix of debris and chemicals disposed in ocean either intentionally or by poor management of waste from land as a result of human activity. There are many different causes for marine pollutions, like oil spill, deep sea mining, coral bleaching, ocean acidification, surface runoff, marine debris, littering etc..., but few of these pollutions were accidental and result of socio-economic development, involved with scientific study and research. Aside from this man-made pollutions and surface runoff is considerably very high, they are also acting as leading component to cause threat to marine life and sea animals. As mentioned under sustainable development goal 14 life below water, target 14.2 significant action must be taken to strengthen resilience of coastal ecosystem and to protect marine environment by keeping the ocean undisturbed and giving space for restoration in order to achieve healthy and productive ocean. This will definitely help to minimize ocean acidification, overfishing, coral bleaching and also to enhance the conservation and sustainable use of oceans and its resources. Based on world economic forum study, annually 8 million tons of plastic ending up in an ocean. Oceans also polluted by pollutants like oil spill, chemical pollutants, pesticides, heavy metals and other hazardous elements. These pollutants not only cause serious health consequences like illness, reproductive issues and death to marine life and fisheries also to human beings who consumes it. Economically it affects tourism industry which majorly dependent on cleanly beaches and waters. The one and only solution, which was left is, improvising on shore waste management activities. Waste management activity can be done by building infrastructures with all systems and facilities to collect, transport, process and dispose waste. Plastic pollution can be controlled by recycling it and replacing it with sustainably reusable products. Chemical and medical wastes should be treated before disposing it on oceans. Banning single use plastics will help to reduce pollution to the half. “Circular economy”, recycling and waste-to-energy conversion are the successful waste management programs implemented by many European countries and they are on track to be a zero-waste country by 2050. Developing countries must conduct programs to increase awareness among people and governments of developing countries should take measures to build infrastructure for performing waste management activities.

The Sustainability of Endangered Species of Wild FAUNA and FLORA in Cameroon: A Myth or Reality towards Environmental Protection

AYUK MACBERT NKONGHO, Kwati Evelyne Asek — Fri, 19 Apr 2024 00:00:00 +0000

Many communities view forests as vital cultural and ecological treasures due to their abundant natural resources, which support human existence and provide habitats for wildlife. Unfortunately, forest resources (wild fauna and flora) are experiencing indiscriminate and unregulated exploitation, causing some to be endangered while others fronting serious threats of extinction in the wild as a result of their great significance to mankind. Therefore, it is a conditio sine-qua-non for stakeholders to guarantee the protection of these species for their sustainability in the wild. The Cameroon government has gone a long way in protecting wild fauna and flora in the wild especially those pertaining to endangered species by ratifying international conventions, enacting national legislations as well as establishing institutions for their protection, although the degree of protection is questionable. In this direction, this article therefore, seeks to review how the various legal and institutional frameworks have been implemented and enforced in protecting endangered species of wild fauna and flora for their sustainability. Through a content analysis of primary and secondary data, the findings revealed amongst others that Cameroon forest is rich in biodiversity potentials of wild flora and fauna, though some are either threatened or endangered due to indiscriminate and unregulated exploitation, which has become a major challenge in the forestry sector. We thus advise the implementation of comprehensive domestic laws, regulations, and institutional frameworks in Cameroon to effectively enforce agreements concerning biodiversity and endangered
species.

A Journey from Stockholm Declaration to 2030 Agenda for Sustainable Development - A Review

Dr. Jigisha Singh — Wed, 27 Mar 2024 00:00:00 +0000

The author has attempted to incorporate in this article/research paper some of the most important treaties, commissions, declarations on environment protection in which the principle of sustainable development runs like a golden thread. These initiations by the global community at the world platform have also been crucial in bringing in place national legislations for the conservation and protection of ecology. The international aspirations have been relevant in moulding perspectives regarding
sustenance of environment and how a pivotal role is played by the international fraternity in reversing adverse impact to the environment.

Delimitation of Boundaries of the Caspian Sea in international Law

Sajjad Ranjbar Dafchahi, Fateme Ghaeminasab — Thu, 04 Jan 2024 00:00:00 +0000

Among the various names given to it, "Caspian Sea" is the most appropriate and common term to refer to the largest enclosed body of water in the world, located in the vicinity of Iran, Kazakhstan, Russia, Azerbaijan, and Turkmenistan. The legal regime of the Caspian Sea was established by treaties in 1921 and 1940, and remained in place until the collapse of the Soviet Union in 1991. Despite their commitment to the Soviet treaties and the disregard for the customary boundary created and other reasons, each of the littoral states are now signing new bilateral and trilateral treaties to secure a larger share of the Caspian Sea. The activities of a special working group of the littoral states have been ongoing since 1996. This article seeks to present the best available solution for identifying the legal regime and defining the boundaries of the Caspian Sea in accordance with international law by examining the positions of the countries and organizing the legal complexities of the region.

Sustainable Forest Management in an Era of Climate Change – A Study of Indian Laws and Policies

Debarati Rudra — Fri, 19 Apr 2024 00:00:00 +0000

Climate Change is a phenomenon mainly caused by excessive concentration of Green House Gases in the atmosphere. The global community is witnessing the impacts of climate change like frequent floods, storms, cyclones, heatwaves, droughts, sea-level rise etc. Forests are both source and sinks of carbon dioxide. Sustainable forest management plays an important role in climate change mitigation and adaptation as it balances the developmental needs with conservation of forest ecosystems and helps the
forest-dependent communities to adapt the impacts of climate change. India has been managing its forests sustainably by adopting suitable laws and policies in compliance with its international obligation. Through its Nationally Determined Contributions, India is committed to United Nations Framework Convention on Climate Change to reduce its emissions intensity by 33-35% between 2005 and 2030. Besides, by 2030 India will increase carbon sinks by creating an additional capacity equivalent to 2.5 to 3 billion tonnes of CO2 through significant afforestation efforts. According to the India State of Forest Report, 2021 there is a minuscule increase of 0.28% of Forest and Tree Cover put together in comparison to its 2019 Report; and the increase in Forest Cover has occurred outside Recorded Forest Area and in forests that are classified as ‘Open Forest’. In reality, this brings manmade plantations within the meaning of ‘Forest’. Therefore, the issue is whether the plantation has the same significance as natural forest in sustainable forest management or not. Against this backdrop, the present study will explore various forest laws and policies of India to determine whether India is forwarding in the right way in sustainable management of its forestry or it should reframe its policies.

Empowerment of Women in India

Garima Shishodia, Preeti Mishra — Wed, 20 Mar 2024 00:00:00 +0000

The purpose of this research is to comprehend the intricacies of empowering women in India. This will be achieved by considering various indicators such as their involvement in household decision-making, financial independence, agency in daily life, social and political participation, evolving gender norms, educational opportunities, and resilience against domestic violence. Although gender disparities persist, the study also highlights areas where women are advancing and claiming their place in society. However, it is crucial to recognize that women's freedom is dependent on external factors, emphasizing the necessity for systemic changes that empower women irrespective of their age, education, or employment status. Acceptance of unfair gender norms by women continues to be prevalent in Indian society. Studies reveal a concerning gap in women's decision-making power within households, emphasizing the importance of initiatives that promote equal participation. The ability to control earnings increases with age, education, and geographic location. Women's empowerment encompasses both familial empowerment and societal freedom. For Indian women to achieve full empowerment, they must actively participate in decision-making, secure financial independence, openly voice their needs, and demand respect for their identities. Women's active engagement in policy-making, organizing, implementing, and evaluating is not only desirable but also essential for effective growth and development. Rural women are more vulnerable to domestic abuse compared to women in metropolitan areas. There is significant gender disparity in social and political engagement. The study indicates that true empowerment necessitates educational opportunities, job opportunities, and a commitment to gender equality.

India Wetlands: Safeguarding the Lifeblood of Our Ecosystem

Kiruthika P. — Mon, 05 Feb 2024 00:00:00 +0000

Wetlands are an important ecosystem on earth. From snow-capped peaks to sandy shores, India's geographical tapestry, woven with countless rivers and streams, provides a fertile ground for an astounding array of inland and coastal wetlands. The
early Indus valley civilization was also found near wetland areas. Wetlands are basically water based ecosystems at the interference between aquatic and terrestrial habitats and support a wide variety of plants and animal life. They can help us hold
and provide most of our fresh water, regulate climate and most importantly they can guard us from floods and soil erosion . The idea of “wise use of wetlands” derived from an intergovernmental treaty on wetlands held in Ramsar, Iran 1971. Recently 11
more wetlands have got Ramsar recognition on 75 th year of Independence of our country 1 . Now we have 75 Ramsar wetland sites in India. Due to urbanization and industrialization half of wetlands found to be lost and the condition of remaining are
declining at an alarming rate. As for India, the change of climate and growing water crisis has to do with poor maintenance of wetlands so it has become the main concern to bring a balanced ecosystem. In 2021, India set sail on a new course with the draft
blue economy policy, charting a path for sustainable economic growth and healthy marine ecosystems. Various projects have been introduced by both the central and state government, NGOs and also by volunteers to preserve and restore the wetlands
near them. This paper calls for the need of every individual's cooperation in retaining the wetland resource near them with care for future generations.

Geographical Indication and Missing Regulatory Framework on Post Registration Quality Control Measures

Harshvardhan Sachan — Thu, 28 Mar 2024 00:00:00 +0000

Geographical indicators (GI) serve to distinguish commodities that originate in a certain region and provide information about the goods' quality, reputation, and origin. Around 370 items are currently registered in India under the Geographical Indication of goods (Registration & Protection) Act, 1999. In which Karnataka is the state with highest GI tags among them. The only provisions related to GI that seems to be prioritized in the Act is product registration but the concept of post registration quality control procedure is missing and least addressed by the legislators. As per the section 59of GI act talks about quality and warranty of good – “Implied Warranty on Sale of geographically Indicated Goods”. Therefore, the seller has to maintain the quality of product to protect the consumer from exploitation. As quality has connection with the standards and economy of the country. In Indian GIsystem, the quality check is only done by the autonomous body or association of the producers. In case of Darjeeling tea, the association of producers is Tea board. And this cannot fully ensure the quality of GI goods (Tea) as there are many sellers who are selling cheap or duplicate quality Tea with the Darjeeling Tea GI tag. Hence, in India we should have some regulatory authority for the post quality check of all the GI registered goods. Likewise, in Europe the GI laws are recognized as Sui genesis rights in which
the quality of good is checked by the concerned authority before it get supplied to the market. Regulation 1151/2012 is the law in EU that basically regulates the GI and this is only applicable to the agricultural products. But for the quality check this law is definitely beneficial because when the group that is applying for the registration of GI tag has to go through one or more recognize body, which ensures the specification & quality claimed during registration before the good is supplied to the market. Then this working of certification bodies will inspect by competent authorities who maintain the check and balance on the geographical indication mechanism. Therefore, Indian GI law is set to undergo modifications and additional procedures like EU to aim at ensuring post registration quality stability which will definitely protect the interest of consumers and boost the economy of the country.