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International Environmental Treaties in Indian Law

Introduction​

International environmental treaties play a crucial role in shaping India's approach to environmental protection and sustainable development. These treaties not only set global standards but also influence domestic legislation and judicial decisions. In this article, we'll explore some of the most significant international environmental treaties and examine how they apply within the Indian legal framework.

Key International Environmental Treaties​

1. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)​

CITES aims to regulate the international trade of endangered species. India, CITES is implemented through the Wildlife Protection Act, 1972 (Act No. 53 of 1972).

Legal Section: Section 11(3) of the Wildlife Protection Act, 1972

Case Study: In the landmark case of Taj Mahal Case (1997), the Supreme Court of India upheld the ban on the export of sandalwood logs, citing CITES regulations as a basis for its decision.

2. United Nations Framework Convention on Climate Change (UNFCCC)​

The UNFCCC sets out a framework for addressing climate change globally. India ratified the convention in 1994.

Legal Section: The UNFCCC is incorporated into Indian law through the National Action Plan on Climate Change, 2008.

Case Study: In Orissa Mining Corp Ltd v Ministry of Environment and Forests, the Supreme Court considered the impact of mining projects on climate change, referencing UNFCCC principles.

3. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal​

This convention regulates the transboundary movement of hazardous waste. India signed the convention in 1989 and ratified it in 1992.

Legal Section: The Basel Convention is implemented in India through the Environment (Protection) Rules, 1986.

Case Study: In Vellore Citizens' Welfare Forum v Union of India, the Supreme Court addressed concerns about toxic waste disposal, considering principles from the Basel Convention.

4. Montreal Protocol on Substances That Deplete the Ozone Layer​

This protocol aims to protect the ozone layer by phasing out substances harmful to it. India signed the protocol in 1987 and ratified it in 1991.

Legal Section: The Montreal Protocol is implemented in India through the Ozone Depleting Substances (Regulation and Control) Order, 1988.

Case Study: In M.C. Mehta v Union of India, the Supreme Court ordered the closure of industrial units violating ozone-depleting substance regulations, citing Montreal Protocol requirements.

5. Stockholm Convention on Persistent Organic Pollutants​

This convention aims to eliminate persistent organic pollutants globally. India signed the convention in 2001 and ratified it in 2005.

Legal Section: The Stockholm Convention is implemented in India through the Persistent Organic Pollutants Rules, 2009.

Case Study: In Rohit Prajapati v State of Gujarat, the High Court of Gujarat considered the implications of pesticide use under the Stockholm Convention.

Conclusion​

These international environmental treaties have significantly influenced India's approach to environmental regulation and conservation. As law students and future lawyers, understanding these treaties and their application in India is crucial for navigating the complexities of environmental law.

Remember to consult the latest legal texts and case law when applying these principles in practice, as the field of environmental law is constantly evolving.