Environmental Law Notes 

Anything except me is the “environment”. Biotic or abiotic. 

M.C. Mehta - main cases
Every person should know the importance of the env - Fundamental Duty under Article 51A(g) of the
Constitution - MC Mehta v UOI - 1991.  Schools should be given education. Court ordered as a
condition of license to all cinema halls as a free exhibition of two slides regarding protection of the
environment to be provided by the Ministry of Env. They had to do it  - Government is supposed to
keep the citizens informed. Ministry of Information & Broadcasting to produce a short film on the
environment. Educate masses from the next calendar year. 
Till 2003 implementation lacked. Another petition filed. 
MoEFCC
S.2(a) - EPA, 1987 Definition of environment. - Origin Environ means surrounding. The National
Environment Tribunal Act, 1995 S - 2(d)
Set of Complex physical chemical biological factors surrounding an organism or ecological
community. Such factors act and interact with the various species and organisms to affect their form,
growth and survival.
Any unfavourable alteration of this environment is env pollution. 
Shore Nuisance Act,.Merchant Shipping Act 1858. Fisheries Act in 1897 Bengal Smoke Nuisance Act
1905. Bombay Smoke Nuisance Act of 1912 Wild Birds and Animal Protection Act of 1912. 
Wildlife Protection Act 1972 Water Pollution (Control and Prevention) Act 1974. 
NCEPC National Committee on Environmental Planning and Coordination upgraded to ministry later.
Forest Conservation Act of 1980.Air (Prevention & Control of Pollution) Act, 1981.Environment
Protection Act, 1986.Public Liability Insurance Act 1991.Biological Diversity Act of 2002.
JadavMulaiPayang
KolakaiDevakiamma 
Jannat 
Sustainable Development - 
Env law is related to other disciplines also, Two principal sources. 
1. Common law developed by courts through judicial precedents. 
2. Statutory laws developed through legislation.. 
Certain activities can be brought within the ambit of public nuisance activities. 
Attorney General v PYA Quarries Ltd 
Definition of public nuisance - So Widespread in its range and indiscriminate in its effect that it would
not be reasonable to expect one to take proceedings on his responsibility to put a stop to it but that
should be taken as the responsibility of the community at large. Common rights of the general public. 
File PIL for redressal. 
Section 268 of IPC:  Public nuisance.—A person is guilty of a public nuisance who does any act or is
guilty of an illegal omission which causes any common injury, danger or annoyance to the public or
to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause
injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.
Locus Standi: not a hurdle in environmental issues in India. 
and Burden of Proof: no substantial requirement of Burden of Proof in environmental law issues. 
Constitution under Schedule VII : Forest Entra 17A List III Widlife Entry 17B Pollution Cotrol
20A 
Entry 17 of List II - related to water Public health and sanitation Entry 6,14,18 and 21 of List II. 
Entry 6, 53,54,55, and 57 of List I. 
Tarun Bharat SanghAlwar v Union of India. 1991 - Sariska case - Fundamental standards & norms
and Division of legislative authority wrt Constitution and the Environment. 
For precedence among Article 19 rights and article 21 Env: “A great American judge emphasising on
the empirical issue of the environment stated that he placed the government above big business,
individual liberty above  government and issues of environmental concern above all”. 
Range of principles to guide the development of Environmental Law.: 
1. Every person enjoys the right to wholesome environment under Article 21 of the Constitution
- Subhash Kumar case understanding stance of Article 21 post Maneka Gandhi. 
 2. Enforcement agencies are under the obligation to enforce env laws - NRZ Notification case.
3. Govt agencies may not plead insufficiency of funds, staff and other excuses for non
enforcement of env law. Obligation to show action is Env friendly. Sustainable
Development. 
4. Polluter Pays Principle. - polluters bear the cost.
5.  Precautionary principle. 
6. Govt agencies are ought to preserve the env for future generations. 
7. Stringent action against the defaulters liable for env laws. 
8. Power conferred under the stature - may be advanced to further the achievement of objectives
of env law - Can't defeat the objective of the law. 
9. State is the trustee of all natural resources which are meant for public use. Public is the
beneficiary of resources. Individual cant exploit these resources for a fiscal benefit. Cant have
private ownership over the resources. 
Legislative authority Separation. - III Lists. Not given in 1 particular entry. Distribution of subjects
started from GOI Act, 1935. Entry 56 List I Inter State Rivers and river valley. 
DPSPs. - SachidanandPandey v. State of West Bengal - SC held whenever a problem of ecology is
brought before the court, the court should take note of Article 48A and Article 51A(g) 
Article 253 r/w Entry 13 List I. relevance of Stockholm Conference. 

Fundamental Rights and Environmental law - 

Every person enjoys the right to a wholesome environment under Article 21 of the Constitution - post
Maneka Gandhi - emphasized on personal liberty. Recognized the unarticulated liberties provided
under Article 21 of the Constitution. 
 Dehradun quarrying case. - illegal sandstorm mining. Ecosystem got affected - Rural
Litigation and Entitlement Kendra, Dehradun v. State of U.P.- AIR 1988 SC 2187 Letter
Petition Env aspect brought under Article 21. 
 Subash Kumar v. State of Bihar. - Right to life includes the right to enjoy unpolluted air and
water. If everything impairs this as a derogation to right to life, SC can intervene 
 Virendra Gaur  v. State of Haryana. The word 'environment' is of broad spectrum which
brings within its ambit "hygienic atmosphere and ecological balance." It is, therefore, not only
the duty of the State but also the duty of every citizen to maintain hygienic environment The
State, in particular has duty in that behalf and to shed its extravagant unbridled sovereign
power and to forge in its policy to maintain ecological balance and hygienic environment.
Article 21 protects the right to life as a fundamental right. Enjoyment of life and its attainment
including their right to life with human dignity encompasses within its ambit, the protection
and preservation of environment, ecological balance free from pollution of air and water,
sanitation without which life cannot be enjoyed. Any contra acts or actions would cause
environmental pollution. Environmental ecological, air, water, pollution, etc. should be
regarded as amounting to violation of Article 21. Therefore, a hygienic environment is an
integral facet of the right to healthy life and it would be impossible to live with human dignity
without a humane and healthy environment. Environmental protection, therefore, has now
become a matter of grave concern for human existence, Promoting environmental protection
implies maintenance of the environment as a whole comprising the man-made and the natural
environment Therefore, there is a constitutional imperative on me State Government and the
municipalities, not injure to ensure and safe-guard proper environment but also an imperative
duty to take adequate measures to promote, protect and improve both the man-made and the
natural environment. 
Right to environment gets connected with Right to livelihood, right to equality and right to freedom of
trade under Article 19(1)(g) 
 Olga Tellis v. Bombay Municipal Corporation - substantiates Right to livelihood under
Article 21 - Right to life expanded. There is no connection to the environmental law. This
case was used as a precedent in the future cases where they dealt with the environment and
the right to livelihood.  
  BanwasiSeva Ashram v. State of UP -  1987-  to safeguard the rights of the tribal forest
dwellers who were thrown out by NTPC. The court stated that this shall be allowed only if
NTPC provided certain facilities for the dwellers. 
SardarSarovar Project was opposed by the NaramadaBachaoAndolan. 
Environmental protection is necessary for forest dwellers as their right to livelihood needs to be
protected and would be affected if certain projects were to go through.
Coastal Road Project. 

Environmental rights under Article 14 - Right to Equality - 

 State of Himachal Pradesh v. Ganesh Wood Products - 1996 SC Decision making authority
must give due weight and regard to ecological factors. Local body permission needs to be
sought for certain projects. A government decision that fails to take into account relevant
consideration affecting the environment is invalid. The rationale behind this is that all people
shall be given equal access to all the natural resources. If one person or entity is given the
permission to use the resources while the other people were deprived of the same right, this
shall be a violation of the principle of equality as stated under Article 14 of the constitution.   
 CRZ Notification Case - Indian Council for Environ Legal Action v. Union of India 1996
SC - Sustainable Development of resources - need for preservation for next generation .
Statutes were enacted for ensuring a good quality of life and for the rights of the unborn
generations as it is they who must bear the brunt for the ecological degradation. 
Any of the major conferences that are conducted by the UN focus on the responsibility towards the
future generations while talking about sustainable development. 

Right to Freedom of Trade under Article 19(1)(g) and Environmental Laws

This is usually the counter that is used by the industrialists when they state that we have the right to
the freedom of trade and we cannot be deprived of this right.  
 Abhilash Textiles v. Rajkot Municipal Corporation - (Para 9 and 10) The people were
discharging polluted water on the street without the process of purification. They were served
with a notice which stated that they shall be responsible for the waste that they generate and
need to come up with a solution for this otherwise the factory shall be closed due to the
nuisance that they are creating. 
The company stated that they have been operational for the past 20 years and a lot of families
are linked with the factory. Closing the factory shall affect the livelihood of all these workers.
This would be in violation of the right to livelihood of the people.
The court stated that this shall not be a valid defence and they need to protect the environment
as this would be a violation of the law.  
 Sushila Saw Mill v. State of Orissa - 1995: 
Module II- International Environmental Law
Key concepts under the Environmental Law:
1. Sustainable Development - sustainability for infinite time. Preserve for future generations.
Judicious use of resources. This arose since earth is the only planet which has the capacity to
support life.  Nature is the common heritage for mankind. No particular individual can claim
right, rather its a duty of every individual to protect the environment. Stockholm Conference,
UN Goals for Sustainable Development to be achieved by the year 2030.
2. Principles under Environmental Law - International treaties, conventions, protocols and
Articles of State Responsibility. Principle of preventing pollution and environmental damage
- In the context of inter-State relations, the maxim sic uteretuoutalienum non laedas means
one must use your own right/property in such a manner as not to injure that of another) stands
for the proposition that one State's sovereign right to use its territory is circumscribed by an
obligation not to cause injury to, or within, another. Cases in which the principle was applied. 
 Trails Smelter Case - landmark case The Trail Smelter dispute was a trans-boundary
pollution case involving the federal governments of both Canada and the United States,
which eventually contributed to establishing the harm principle in the environmental law
of transboundary pollution. The Canadian company was mining zinc which led to the
 emission of sulphur, which led to the harming of the forests in the state of Washington.
Polluter pays principle was applied. 
Articles 21 and 22 of the Stockholm Conference applied and Stockholm Conference is considered
as the equivalent of Magna Carta in the case of  environmental protection standards and
rights.. 
 Gut Dam Arbitration between - dispute US and Canada regarding the raise of level of
the dam as a result of which damage was caused 
 Lake Lanoux Arbitration - between France and Spain - regarding procedural
obligations of prior notification of consultations and negotiations. 
 Corfu Channel Case -  between UK and Albania - 1949 ICJ declared that every state has
a duty not to knowingly allow its territory to be used for acts contrary to the rights of the
other states.  
3. Environmental Equity  - 

Stockholm Conference - (1972)

The Stockholm Convention is considered to be the magna carta of environmental rights. Took
steps towards the preservation and protection of the environment (the two Ps). Meeting that
took place between the heads of governments. 26 principles established. Based on the
principle that man is both the creator and modulator of the environment, and sought to work
towards the physical sustenance of the human being.
26 Principles enacted.  Two foundational principles. 
1. Man the has fundamental right to freedom, equality and adequate condition of life in an
environment of quality that permitted a life of dignity and well being
2. Man bears the sole responsibility to protect and improve the environment for present and
future generations.
Basic decisions taken during the Stockholm Conference. Action plan had 109 recommendations for
the protection 
1. Declaration on the Human Environment - 
2. Action Plan for the Human Environment 
3. Resolution on Institutional and Financial Agreements. 
4. Resolution condemning nuclear weapons tests especially those carried out in the atmosphere
since it was contaminating the environment. 
5. Decision whichever to be taken to be referred Government’s recommendation for action and
implementation at the Centre and State level. 
6. Cooperation at the both centre and state.
7. Action plan with 109 recommendations for the protection and improvement of the
environment. Cooperation for identification and appraisal of environmental damage and
problems of global significance.
Acts enacted post Stockholm Conference- 
 Water (Prevention and Control of Pollution) Act, 1974
 Air (Prevention and Control of Pollution) Act, 1981
 Environmental Protection Act, 1986
 Factories Amendment Act, 1987.  
UNEP is the conclusion of the Stockholm Conference. 
Focus Areas of the Conference: 
1. Problem and Management of Human Settlement 
2. Natural Resource Management 
3. Pollution Control Management 
4. Social and Cultural Environment 
5. Environment and Development
Main Principles of the Conference: 
 Right to Protect the Environment
 Management of Natural Resources  - Renewable and Non renewable 
  Population and Policy
 Conservation of Wildlife
 Environment and Development
 Pollution and Control
 Resource Planning 
 Ban on Nuclear Weapons

Basel Convention 1989 - 

29 Articles 
The UN asked the countries to take some measures to check and prevent the dumping of
hazardous and toxic waste and the consequential damage to the environment The UN
prepared an expert committee to look into the matter, if it exists, and how it can be resolved.
The expert committee then prepared a convention which is divided into 28 articles, 6
annexures, and has 4 conventions within it. However, the Convention does not include
radioactive substances wastes from normal operation of the ship.
It stated that there should be a clear-cut agreement between the exporting and the importing
countries.It also stated that there needs to be a timely notification and consultation between
the two countries. It is important that transparency exists. It had no central enforcing agency.
Clause of Transparency in every Int’l agreement. 
Enactments post Basel Convention: 
 Hazardous Wastes Management and Handling Rules, 1989
 Biomedical Waste Management and Handling Rules, 1998. 

Earth Summit (1992) 

Meet the needs for the present generation and preserve for future generations. 
Biggest and largest conference on sustainable development
Rio Declaration - 27 principles regarding environment and development (including preamble [pg
4]).  
Article 21- Transition to Sustainable development- 
Principles for sustainability of forests worldwide- legally binding  Legally binding conventions -
Convention on protection and and prevention of global climate change and eradication of ecological
biologically diverse species. 
Principle 13 - States shall develop national law regarding liability and compensation for the victims
of pollution and other environmental damage. States shall also cooperate in an expeditious and more
determined manner to develop further international law regarding liability and compensation for
adverse effects of environmental damage caused by activities within their jurisdiction or control to
areas beyond their jurisdiction.
Kind of Application of Precautionary principle or approach -  
Principle 15 - In order to protect the environment, the precautionary approach shall be widely applied
by States according to their capabilities. Where there are threats of serious or irreversible damage,
lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to
prevent environmental degradation.
Principle 17 - EIA - Environmental impact assessment, as a national instrument, shall be undertaken
for proposed activities that are likely to have a significant adverse impact on the environment and are
subject to a decision of a competent national authority
 Indian Council for Environ Legal Action v. UOI - 1996 SC 
 Vellore Citizens Welfare Forum - v. UOI - 1996 SC 
Kyoto Protocol 
Agreement aims to reduce the emission of greenhouse effect and carbon dioxide emissions.
Conference held in Kyoto. Common 
Montreal Protocol - protect and reduce the ozone depletion. Stop the usage of products causing ozone
depletion. 
Check Sustainable Development Goals. - difference from Millennium Development Goals. 
  Madison v. DuckTown Sulphur, Copper & Iron Co. - Court granted relief by prohibiting
them from burning woods and sulphur as it breached the enjoyment of land by Madison. 
 Georgia v. Tennessee Copper Co. - 

World Charter for Nature (1982) 

Code of Conduct for Protection and Preservation of Global Natural Habitats and Resources - 5
principles on Conservation - all human conduct should be guided and judged 
Social and Economic development cannot be considered without taking the natural system into
account.  
1. Nature shall be respected and its essential processes shall not be impaired. 
2. Genetic viability of the earth shall not be compromised. 
3. All the areas of earth be it land or sea shall be subjected to these principles of conservation
and special emphasis shall be given to unique areas to represent samples of all the different
types of ecosystems and to all the habitats of rare and endangered species. 
4. Ecosystems and organisms, as well as the land, marine and atmospheric resources that are
utilized by man, shall be managed to achieve and maintain optimum sustainable productivity,
but not in such a way as to endanger the integrity of those other ecosystems or species with
which they coexist.
5. Nature shall be secured against degradation caused by warfare or other hostile activities.
Harmony with nature. Mankind is a part of nature and lives depends on an uninterrupted supply of
nutrients and resources. Mankind is a part of nature and not above it. Brundtland Report 1987 - “Our
common future”. 
Global Warming and Ozone Depletion - Areas of focus. WCED 
Focus Areas of the Report: 
1. Role of International Economy, Population and Human Resources;
2. Food Security; and
3. Species and Ecosystem - Energy, industry and Sustainable Development. 
Sustainable Development definition - Development that meets the needs of the present without
compromising the ability of future generations to meet their own needs.  
Established the UN Programme of Action on Sustainable Development and laid the foundations of the
Rio Conference held at Rio de Janeiro (1992) - which ultimately created the UN Commission on
Sustainable Development 

Goals for sustainable development - 

10 year review post Rio Conference of 1992. 
World Summit (2002) to see the progress of Rio Declaration - main focus was on implementation of
Agenda 21 of Rio Declaration- key areas Rio 1 principle? : 
 Poverty, 
 Health: 
1.  Women Health and services. 
2. Access to healthcare consistent with HRs and cultural and religious values. 
3. Countries agreed to phase out by 2020 the use and production of chemicals that harm
human health and envi.
 Energy (Affordable Access to it),
 Technology, 
 Water quality and availability (reduce number of people with unavailability of water by half);
and
 Oceans and fisheries. 
Kyoto Protocol  
Biodiversity and Natural Resources - agreement between nations that by 2010 the rate at which
extinction of plants and animals was taking places should be cut down. Preserve and protect. 
Fisheries Maximum sustainable yield by 2015. 
Establish a network of marine protected areas by 2012.
To improve developing countries’ access to sound alternatives to ozone depleting chemicals by 2010.
Health - included in the concept of Sustainable Development Access to healthcare
Agreement was entered that recognized that healthcare should be consistent to human rights with
cultural and educational rights. 
Millennium Development Goals- Rio 2012 was based on it. September 2000 - 189 countries gathered
and signed Millennium declaration- 8 measurable goals and target year was 2015. 
Goals: (Not env specific- Only 7) Bill Gates: These goals became Poverty report card 
1. To eradicate extreme poverty and hunger
2. To achieve universal primary education
3. To promote gender equality
4. To reduce child mortality
5. To improve maternal health
6. To combat HIV/AIDS, malaria, and other diseases
7. To ensure environmental sustainability
8. To develop a global partnership for development

Rio Declaration (2012)  - Theme “Future we want”

Resulted in a  document which contains measures for implementation of Sustainable Development.
Members decided to develop a set of SDGs built upon MDGs. 
Importance of the Declaration
1. Green Economic Policy: Governments also decided to establish an intergovernmental process
under the General Assembly to prepare options on a strategy for sustainable development
financing.
2. UNEP: Governments also agreed to strengthen the United Nations Environment Programme
(UNEP) on several fronts with action to be taken during the 67th session of the General
Assembly.
3. Forum: They also agreed to establish a high-level political forum for sustainable
development.
4. Measurement- UN Statistical Commission: Governments also requested the United Nations
Statistical Commission, in consultation with relevant United Nations system entities and other
relevant organizations, to launch a programme of work in the area of measures of progress to
complement gross domestic product in order to better inform policy decisions.
5. Programmes to operationalize goals: Governments also adopted the 10-year framework of
programmes on sustainable consumption and production patterns, and invited the General
Assembly, at its sixty-seventh session, to designate a Member State body to take any
necessary steps to fully operationalize the framework.
6. Decisions: The Conference also took forward-looking decisions on a number of thematic
areas, including energy, food security, oceans, cities, etc.
7. The Rio +20 Conference also galvanized the attention of thousands of representatives of the
UN system and major groups, which resulted in a number of voluntary commitments and
creation of new partnerships to advance sustainable development.

Sustainable Development Goals 

Sustainable Development Goals SDGs. (17 Goals) aimed till 2030 and were formulated as a result of
Rio Conference [2012] - Advanced form of MDGs. (8 Goals) which aimed till 2015 - New set of
Sustainable Development - Set of universal goals to meet the urgent needs of the env as a challenge
which the world is facing. 
https://en.wikipedia.org/wiki/Sustainable_Development_Goals#Goal_5:_Gender_equality: 
Env-centric/related Goals: Goals No. 6, 7 & 12-15.  
1. Earlier it was to reduce to half the number of people under poverty. End poverty in all forms
everywhere.
2. Split 1st goal into 2 goals poverty ^ and end of hunger with food security.
3. Healthy lives promote well being at all ages of life. 
4. Inclusive and equitable quality education and promote lifelong learning opportunities for all.
5. Gender Equality and Women Girls Empowerment.
6. Ensure availability and sustainable management of water and sanitation for all.
7. Ensure access to affordable, reliable, sustainable and modern energy for all.
8. Promote sustained, inclusive and sustainable economic growth, full and productive
employment and decent work for all. 
9. Build resilient infrastructure, promote inclusive and sustainable industrialization, and foster
innovation
10. Reduce income inequality within and among countries.
11. Make cities and human settlements inclusive, safe, resilient, and sustainable.
12. Ensure sustainable consumption and production patterns. 
13. Take urgent action to combat climate change and its impacts by regulating emissions and
promoting developments in renewable energy.
14. Conserve and sustainably use the oceans, seas and marine resources for sustainable
development.
15. Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage
forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss.
16. Promote peaceful and inclusive societies for sustainable development, provide access to
justice for all and build effective, accountable and inclusive institutions at all levels.
17. Strengthen the means of implementation and revitalize the global partnership for sustainable
development.

Difference between SDGs and MDGs. 

 Formation process was different Expert groups and consultation process for formation
 No of goals are different. 
 MDGs focussed on developing countries mostly, SDGs cater to all countries. 
 Scope expanded a wider approach for SDGs. 
 Health
 Not just developing standards but also focusing on sustainability
There are seven major differences in MDGs and SDGs:
 1. MDGs were drawn up by a group of experts in the ‘basement of UN headquarters’ whereas
SDGs have evolved after a long and extensive consultative process including 70 Open
Working Groups, Civil Society Organizations, thematic consultations, country consultations,
participation of general public through face-to-face meetings and online mechanisms and door
to door survey;
2. While MDGs were focused with only 8 goals, 21 targets and 63 indicators, SDGs include 17
goals with 169 targets. An expert analyses by nobel laureates at Copenhagen consensus,
suggest that if the UN concentrates on 19 top targets, it can get $20 to $40 in social benefits
per dollar spent, while allocating it evenly across all 169 targets would reduce the figure to
less than $10. Being smart about spending could be better than doubling or quadrupling the
aid budget;(7)
3. MDGs had a focus on developing countries with funding from rich countries. All countries,
developed or developing, are expected to work towards achieving SDGs;
4. The pillars of human development, human rights and equity are deeply rooted in SDGs and
several targets seven explicitly refer to people with disabilities, six to people in vulnerable
situations, and two to non-discrimination. These were not even mentioned in the MDGs; (iv)
MDGs had 3 direct health goals, 4 targets and 15 indicators with emphasis on child, maternal
mortality and communicable diseases. SDGs have one comprehensive goal emphasizing well-
being and healthy living including NCDs;
5. MDGs had a time span of 25 years though adopted in 2002 baseline data for the year 1990
was used and some of the baselines were revised subsequently which shifted ‘the goal post’.
For the SDGs, the baseline is from 2015 estimates. It may be revised as more recent data
becomes available;
6. SDGs include a vision of building vibrant and systematic partnerships with the private sector
to achieve sustainable development. It builds on, UN Compact which was launched in year
2000 and IMPACT 2030;
7. MDGs had no concrete role for the Civil Society Organizations (CSOs), whereas SDGs have
paid attention to this right from the framing stage itself with significant engagement of civil
society actors.

Kyoto Protocol 2005- CBDR

In short, the Kyoto Protocol operationalizes the United Nations Framework Convention on Climate
Change by committing industrialized countries to limit and reduce greenhouse gases (GHG)
emissions in accordance with agreed individual targets. The Convention itself only asks those
countries to adopt policies and measures on mitigation and to report periodically.
The Kyoto Protocol is based on the principles and provisions of the Convention and follows its annex-
based structure. It only binds developed countries, and places a heavier burden on them under the
principle of “common but differentiated responsibility and respective capabilities”, because it
recognizes that they are largely responsible for the current high levels of GHG emissions in the
atmosphere.
Common but Differentiated Responsibilities and Respective Capabilities (CBDR–RC) is a principle
within the United Nations Framework Convention on Climate Change (UNFCCC). It acknowledges
the different capabilities and differing responsibilities of individual countries in addressing climate
change.

Paris Agreement (2015) -  

The aim of the agreement is to decrease global warming described in its Article 2, "enhancing the
implementation" of the UNFCCC through: [11]

1. Holding the increase in the global average temperature to well below 2 °C above pre-
industrial levels and to pursue efforts to limit the temperature increase to 1.5 °C above pre-
industrial levels, recognizing that this would significantly reduce the risks and impacts of
climate change; [KYOTO- They focused on percentage differences- Paris had numeric
changes specified]
 2. Increasing the ability to adapt to the adverse impacts of climate change and foster climate
resilience and low greenhouse gas emissions development, in a manner that does not threaten
food production;
3. Making finance flows consistent with a pathway towards low greenhouse gas emissions and
climate-resilient development.
4. Mobilize support for climate change for mitigation and adaptation in developing nations. 
5. Provide the framework for transparency, accountability and achievement of more ambitious
targets.

Differences  between Paris Agreement  and Kyoto Protocol -  

1. Penalties & flexibilities for Developed Nations: Kyoto Protocol establishes the legally binding
emission reduction targets which includes the penalties for non compliance for developed
nations only, whereas Paris agreement requires all the countries to take efforts for reduction
of greenhouse gas emissions.  More flexibility for Paris Agreement - Nations can voluntarily
set their emission targets and no penalties for thwarting of targets. 
2. Assessment process: Paris focussed on the monetary reporting and reassessing of the
individual target of a country or collective countries target over the time. 
3. Targets: The agreement also set forth a mechanism to announce their targets for the next 5
years.
4. Scope: Developing and Developed Nations Differentiation : Another key difference between
the Paris Agreement and the Kyoto Protocol is their scopes. While the Kyoto Protocol
differentiated between Annex-1 and non-Annex-1 countries, this bifurcation is blurred in the
Paris Agreement, as all parties will be required to submit emissions reductions plans. While
the Paris Agreement still emphasizes the principle of "Common but Differentiated
Responsibility and Respective Capabilities"—the acknowledgement that different nations
have different capacities and duties to climate action—it does not provide a specific division
between developed and developing nations. It therefore appears that negotiators will have to
continue to deal with this issue in future negotiation rounds, even though the discussion on
differentiation may take on a new dynamic.
5. Structure- Legal binding power: The Paris Agreement has a 'bottom up' structure in contrast
to most international environmental law treaties, which are 'top down', characterised by
standards and targets set internationally, for states to implement. Unlike its predecessor, the
Kyoto Protocol, which sets commitment targets that have legal force, the Paris Agreement,
with its emphasis on consensus-building, allows for voluntary and nationally determined
targets. The specific climate goals are thus politically encouraged, rather than legally bound.
Only the processes governing the reporting and review of these goals are mandated under
international law.  

Corporate Social Responsibility and Environment - 

Social responsibility  - the responsibility of an organization for the impact of its decisions on the
society and the environment through transparency and ethics that is consistent with sustainable
development and the welfare of society.   
2011 - UN Office High Commissioner for Human Rights - Three Pillar Framework for Corp Entities
to respect the Human Rights. - Corp Responsibility
1. Protect: States have a duty to protect against Human Rights abuses by third parties including
business enterprises through appropriate policies, regulations and adjudications.
2. Respect: Corporate entities have a responsibility to respect human rights of others including
acting with due diligence to avoid violation of others’ rights as well as to address the adverse
impacts with which they are involved. 
3. Remedy: There is a need for greater access to remedies for victims of abuses of business or
corporate nature: both non judicial and non judicial remedy must be available. 
 G. Sundarajan v. Union of India - The Supreme Court stated Sustainable development and
CSR are inseparable twins integrated into the principle of intergenerational equity, not merely
human centric but ecocentric. 
There was a shift from anthropocentric (human-centric)approach to ecocentric (environment-
centric) approach. 
Corporate Social Responsibility is envisaged as a commitment to meet its social obligation by
playing an active role to improve the quality of life of the communities and stakeholders on a
sustainable basis preferably in the project area where it is operating. 
Facts: Nuclear Power plant was set up in Kundakulam in Tamil Nadu. People residing in
nearby localities protested against it. The PIL was filed as a consequence of it. 
The Court held that as per the guidelines issued by the public enterprises to create a CSR fund
and that must be allocated for the different areas like poverty eradication, education, etc.
Purpose of envisaging CSR is present in the 11th 5 year plan - purpose of incorporating CSR.
CSR must meet the social obligations.  
 BanwasiSeva Ashram v. State of U.P. - National Thermal Plant was being established, the
court held that the power plant shall provide housing to the displaced persons and the other
facilities such as in the nature of basic amenities must be provided to the displaced persons. 
 Union Carbide Corporation v. Union of India - 1991 SC- 
 Principle 6 of Rio Declaration - We shall strive for a world sustained economic growth