Need and Relevance of Environmental Law Education in Orissa

INTERNATIONAL ENVIRONMENTAL CRIMES

The United Nations conference on the human environment held in Stockholm in 1972 was an important landmark in global environmental awakening. United Nations Environmental Programme (UNEP) is alarming, since more than 25 years, about the actions that negatively affect the environment.

The United Nations Conference on Environment and Development (UNCED) held in Rio de Jeneiro in June 1992, emphasized more on evoking concept of sustainable development, because environment and development are inseparable. Sustainable development can only be achieved, if it is pursued within the natural carrying capacity of planet Earth. However, sustainable development goes beyond mere protection of the environment. It concerns basic values, moral and legal codes of human behaviour.

Law can play a crucial role by forcing considerations of environmental impact to the fore of the decision making process and by restraining unsustainable production and consumption activities with a view to protect the environment for both current and future generations.

Criminal law is often considered as embodying society's most fundamental values, designating those activities, which are regarded, without qualification, totally unacceptable as crimes. The criminal justice system can assist the authorities by providing them with societies ultimate weapon when other measures are inappropriate in ineffective. The basic principle of environment laws are :

* The polluter pays principle

* The principle of non-discrimination

* The precautionary principle

* The principle of common but differentiated responsibilities.

The international Environment Law is governed by certain principles and concepts like:

* Sustainable development

* Duty to co-operate

* The duty to avoid environmental harm

* The duty to compensate for harm

* Legal status of Natural Resources and common areas.

Some of the major International Environmental Crimes are :

1. Species at risk

In response to widespread public concern over the growing extinction cr a treaty was finalized in 1973 called CITES. CITES bans International t in some 900 animals and plants species in danger of extinction and rest] trade in some 29.000 other species that are directly or indirectly threats by commerce.

2. Cracking down on dumping

The illegal dumping on land and At sea is posing growing challenges protect marine echo system from pollution and other toxic threats organization has been established with 158-member body. which has ado more than 40 international conventions and agreements.

3. Atmospheric assaults

The damage to the stratospheric Ozone layer from harmful ultraviolet radiation by the identification of "Ozone hole" over the Antarctic lead a landmark International Environmental Law- "The Montreal Protocol" on substances that deplete the Ozone layer.

Enforcement of International Law through the use of criminal law can be observed in the requirements of threaty enforcement in national law, in instances of extra territorial jurisdiction and in the concept of environmental crimes against International Law. To rein in International Environmental Crime and to restore ecological integrity of the planet, a broad ranging effort, involving governments  international institutions, business. NGO's and ordinary citizens is required.

*IAS, Chairman, Karnataka Stale Pollution Control Board. Bangalore-1