Analysis Of Environmental Rule Of Law 

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Shreya Sharma

INTRODUCTION

Since the 1972 Stockholm Declaration on human Environment, environmental laws, and institutions have evolved exceptionally and expanded all across the world. Now all countries have established one environmental law or regulation. Some of the countries established environmental ministries.  Environmental laws will be implemented then the benefits of environmental protection will be enjoyed by people and the planet. The report which we are analyzing reviews experiences of many countries and looks for other better options to get better give effect, and force, to environmental law to advance the public health and human rights.

ISSUE

  • Environmental laws have become commonplace over the globe, as well regularly exist for the most part on paper since government implementation and authorization is irregular, incomplete, and ineffectual.
  • When designating government funds and setting needs. This comes about in environment ministries that are under-resourced and politically powerless in comparison to services for economic and characteristic resource advancement.
  • International technical and financial aid has helped scores of nations to develop environmental system laws, neither domestic budgeting nor international help has been adequate to make solid environmental agencies, enough build capacity for agency staff and national judges in environmental law, or make enduring instruction approximately and enforcement of the laws.
  • The major issue with the initial framework laws is that many were based on laws of other nations and fizzled to represent the conditions, needs, and needs of the countries into which they were imported.
  • Even developed nations face problems in implementation because of the implementation gap in waste management, air quality, noise and water quality, nature, and management.

WHAT IS ENVIRONMENTAL LAW

According to the United Nations, the law should have three components, it should be consistent with fundamental rights, the law should be inclusively developed and fairly effectuated and the law should bring forth accountability not just on paper, but in practice. All these components are interlinked and are dependent on each other. Environmental rule of law has all these three components and applies them in the context of the environment. It deals with critical environmental needs with the elements of rule of law. It creates environmental governance that protects rights and enforces fundamental obligations.

Environmental law is unique as it deals with the vital link between humans and the environment as it supports society and life on this planet. But still, environmental ministers are not given much importance and power as for the upliftment of the economy why should they think about environmental violations. And why should companies invest in pollution controlling technologies when enforcement of the law is in question, penalties are low and there is widespread non-compliance.

Environmental rule of law deals with every environmental problem and challenges including climate change, biodiversity loss, water scarcity, pollution, and soil degradation.  It has come way, environmental law was unknown but due to these challenges, it is now ubiquitous. It emerged from two age-old truths which are law is necessary to ensure sustainable management of the environment and other areas of law can only be fulfilled when there is a rule of law. It is key to achieve sustainable development goals.

WHY ENVIRONMENTAL LAW IS DIFFICULT TO IMPLEMENT

There are seven reasons for this, which are also reasons why it is important to implement.

  1. Environmental rule of law is critical to human health and welfare: It talks about the surrounding of the person where he lives. It ensures laws provide surety for clean air, clean water, and a healthy environment. It is also crucial to ensure people’s rights to use and access land, forest, water, and other resources. In short, it should provide a safe environment, advance livelihood, and food security.
  2. Environmental rule of law is emphatically multidimensional: Environmental law has many forms of laws and norms of villages to statutory laws of nations to voluntary standards adopted by companies. It has different governance for every people and population from national to international.
  3. National resource dynamics: Environmental rule of law is made and responded to significant political, economic, and social dynamics that are particular to natural resources, namely the – tragedy of the commons and the resource curse. There are only a limited amount of resources present on this planet to support life and they will be exhausted if not used with proper care.
  4. Fate of natural resources: Management of the environment is also the responsibility of humans on this planet. It is an ethical and moral duty of humans which they owe to non-human species for their survival and resources.
  5. Public engagement and license: Whole human community depends on natural resources. All are entitled to clean air and water so their involvement in environmental law plays a crucial role in making the decision.
  6. Extreme time scales: Resources are limited and if not managed properly or managed it will affect many generations into the future. The decisions are irreversible, as they impact the survival of species. Even the technologies used are affecting the environment dynamically and are quickly evolving.
  7. Significant uncertainty: Environmental rule of law depends on decision-making in the face of significant uncertainty. If we see today’s world and technologies environmental problems can raise more problems than solutions. But the situation also depends on the government’s action.

BENEFITS OF ENVIRONMENTAL RULE OF LAW

The benefits of environmental rule of law exceed far beyond the environmental sector. It protects the environment and supports sustainable economic and social development. The benefits are as follows

  • Protects environment
  • Improves governance
  • Preserves financial resources
  • Builds legitimacy
  • Builds peace and security.

It protects public health and the environment together. The benefits of increased wildlife population decreased human health problems due to pollution and improved ecosystem. All these are not the only result of government actions but are the result of a collaborative effort of society too to address environmental problems.

Environmental rule of law also helps in reducing corruption and noncompliance in natural resource management. Even companies are more likely to comply with the law when more other companies do that and the government has made clear that compliance is expected. Rule of law promotes positive behavior by rewarding responsible businesses and duties. It also plays role in protecting the financial interest of people and future generations over the long term and for both individually and collectively.

 Environmental rule of law also helps in improving a company’s image as it prevents and resolves conflicts peacefully. It strengthens rule of law by increasing trust in government as both government and public are involved in the decision-making of this law and are accountable for the outcomes of their actions.

The United Nations has noted a final, vital benefit of environmental rule of law: “Proper management of natural resources, in accordance with the rule of law, is also a key factor in peace and security”[1]

CORE ELEMENTS OF ENVIRONMENTAL RULE OF LAW

Environmental rule of law comprises many elements which help in governing environmental law more efficiently. According to United Nations, Environment Programme’s governing council identified seven core elements[2] which are:

  1. Sound Laws: Laws should be fair, clear, and implementable. Clarity plays a vital role as it ensures easy and clear understanding. laws need to delineate responsibility across organizations, particularly as they relate to the enforcement of the law. Laws must be procedure-based and mandates should be compulsory to carry out the law’s requirements. The critical gap between legislation and implementation harms the economy of a state.
  2. Access rights: Access to information, public participation, and access to justice are known as access to rights and are a fundamental element of rule of law. It applies to the development, implementation, and enforcement of environmental laws. Citizens’ health and the environment are interlinked there are strong social, economic, and political incentives for active engagement which can help to ensure that the regulated community and the government comply with environmental laws. Environmental information should be made public including pollution levels so it helps the public to determine if there is a violation of law or not. Public participation can enhance implementation and provides means in resolving disputes. It also helps in taking relevant decisions and can build public support. Access to justice means citizens have ready and meaningful access to courts and commissions and other bodies for protecting their rights and peacefully resolving disputes
  3. Institutional integrity: Accountability and integrity of institutions and decision-makers. Environmental institutions are the face of environmental rule of law to the public and are responsible for the implementation of laws so they should demonstrate to the public that laws bring social, economic, security, and environmental benefits. And for public support environmental institutions and decision-makers must be accountable and demonstrate integrity. Institutions with integrity and accountability are more effective at delivering enduring sustainable development.
  4. Clear mandates: There should be clear and coordinated mandates and roles across and within institutions. For an effective environmental rule of law, the institutions should be given mandates that are clear, straightforward, and transparent. That detail the institution’s jurisdiction, goals, and authority; and that are coordinated with other institutions. This allows leaders to focus on institutional efforts and the public to ensure accountability.
  5. Dispute Resolution: There should be accessible, fair, impartial, timely, and responsive dispute resolution mechanisms. Courts tribunals and bodies which enforce and resolve the dispute are key elements for creating environmental rule of law. Fair, impartial, timely, and responsive dispute resolution mechanisms increase the chance that harms to the environment will be addressed and the person responsible for the violation will be punished. Accessibility to the public of these courts builds trust in the judicial process and rule of law.
  6. Human rights nexus: There is a link between rights and environmental rule of law that needs to be recognized. Many constitutional and human rights depend on the environment. Without clean air, water people will suffer and won’t be getting necessities for life.
  7. Clear interpretative criteria: There are some specific criteria for the interpretation of environmental law. The government needs to make a public announcement or publish detailed guidance and policy statements that clarify environmental laws and their implementation. Agencies must adopt clear, implementable regulations and issue explanatory policy documents so that the regulated community and the public can understand how these laws will be implemented and what will be expected of both the regulated community and the regulators.

A CASE IN INDIA

In January while considering the Brahmapuram case the principal bench headed by Mr. Adarsh Kumar Goel said that “fact remains that the administration is patently a failure in protecting citizens’ right to clean environment, which is in no way less important than the right to live in the crime-free environment”[3]. No meaningful action is taken by the government to meet the parameters of the environment. Tribunal said “failure to uphold environmental rule of law is no different from maintaining law and order and protecting citizens against crimes. Continuing violation of environmental norms is not only a violation of the rights of citizens but also has the potential for causing damage to public health. “It is unfortunate that despite several orders of this Tribunal for the last two years, the concerned officers have only paid lip service to the issue. There is thus clear governance deficit which needs to be urgently remedied at appropriate highest level in the State,”[4]. The fundamental right to life is infringed here and it is no less than a crime and there is an immediate need to take action regarding the increasing environmental issue which is dangerous for public health and lifestyle which is already mentioned in the environmental rule of law.

CONCLUSION

Environmental law and institutions have grown drastically within the last few decades, but they are still developing. Environmental laws have taken root around the globe as countries progressively understand the vital linkages between environment, economic growth, public wellbeing, social cohesion, and security. Nations have embraced many implementing controls and have started to uphold the laws. As well regularly, even though, there remains an implementation gap.

Environmental rule of law looks to address this gap and adjust genuine practice with the environmental objectives and laws on the books. To guarantee that environmental law is effective in giving an empowering environment for sustainable improvement, environmental rule of law must be supported in a manner that builds solid institutions that engage the public, guarantees get to data and justice, secures human rights, and advances true responsibility for all environmental actors and decision-makers. There are numerous vital constituent elements to environmental rule of law and these components are associated in regularly complex ways. As a result, environmental rule of law is the result of a dynamic and iterative process that depends on observing and evaluation, revision, and markers to track progress. There are competing elements as countries seek after environmental rule of law. On the one hand, governments need to proceed to work with the private sector and respectful society to cultivate an enduring culture of compliance. At the same time, the political, financial, and social context is ceaselessly advancing, and it is necessary to alter techniques and instruments to guarantee that the environmental run the show of law is optimized and remains at relentless state.

[1] UN n.d.

[2] UNEP International Advisory Council for Environmental Justice 2015

[3] https://www.thehindu.com/news/cities/Kochi/administration-a-failure-in-protecting-citizens-right-to-clean-environment-ngt/article34009766.ece

[4] https://www.thehindu.com/news/cities/Kochi/administration-a-failure-in-protecting-citizens-right-to-clean-environment-ngt/article34009766.ece

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