International Environmental Regime
The rules, treaties and institutions through which States protect the environment together
In one minute
Pollution, climate change and loss of species do not stop at a border. No single country can solve them. The international environmental regime is the set of principles, treaties and bodies that States have built to deal with them together.
It has four layers: customary rules, non-binding declarations, binding treaties and institutions. Exam answers score by keeping these layers apart and placing each instrument in the right one.
Exam focus
- Frequency: Frequently asked
- Usually asked as: Both (long answer and short answer)
Legal provision
- Article 51(c) of the Constitution of India: the State shall endeavour to foster respect for international law and treaty obligations.
- Article 253: Parliament may make any law for India or any part of it to implement a treaty, agreement or convention.
- The same Article covers any decision of an international conference or body.
- Environment (Protection) Act, 1986 and Air Act, 1981: their preambles refer to the Stockholm conference of June 1972, which shows how an international event led to Indian statutes.
- Biological Diversity Act, 2002: its preamble refers to the Convention on Biological Diversity signed at Rio de Janeiro on 5 June 1992.
Meaning and definition
A regime is a set of principles, rules and decision-making bodies that States accept for one subject. The international environmental regime covers the rules on pollution crossing borders, protection of species and habitats, the ozone layer, the climate and sustainable development.
- International environmental regime
- Customary rulesNo-harm rule; bind all States
- Soft-law declarationsStockholm 1972, Nairobi 1982, Johannesburg 2002
- Binding treatiesRamsar, Bonn, Biodiversity, Climate Convention, Kyoto, Paris
- InstitutionsUNEP and the Conferences of the Parties
Detailed explanation
Step 1: the problem the regime solves
A sovereign State makes law only for its own territory. A smoking factory, a shared river or a warming atmosphere cannot be fixed by one State. Rules had to be agreed between States, and they are agreed by consent. That is why the regime grows by declarations and treaties, one problem at a time.
Step 2: customary rules
Some rules bind every State without a treaty. The best example is the no-harm rule from the Trail Smelter Arbitration, which is customary international law. Indian courts also use customary rules. In Vellore Citizens Welfare Forum, the Supreme Court held that sustainable development is part of customary international law. It added that such a rule, if not contrary to Indian law, is deemed part of it.
Step 3: soft law
A soft-law instrument is adopted by States but is not legally binding. The Stockholm Declaration of 1972 is the model. It does not bind, yet its ideas return in later treaties and in domestic courts.
Step 4: binding treaties
A treaty binds the States that ratify it, by the rule that promises must be kept (pacta sunt servanda). Treaties in this regime deal with one subject each. Several are framework conventions, which set aims and institutions first and leave detailed targets to later protocols.
Step 5: institutions
The United Nations Environment Programme was set up in December 1972 to coordinate the work. A treaty usually has a Conference of the Parties that meets to review it. Detailed study of these bodies belongs to the notes on UNEP and on the climate treaties.
Step 6: how India joins in
India signs and ratifies treaties by executive act. Article 253 then allows Parliament to legislate to give effect to them. The Biological Diversity Act, 2002 is an example linked to the Convention on Biological Diversity.
Example. A country joins a treaty on wetlands. The treaty does not change Indian law by itself. Parliament uses Article 253 to pass an Act, and the Act is then enforced by Indian courts.
Timeline of the main instruments
| Instrument | Date | Nature |
|---|---|---|
| Ramsar Convention | Signed 2 February 1971 | Binding treaty on wetlands |
| Stockholm Declaration | 5 to 16 June 1972 | Soft law |
| UNEP | General Assembly resolution of 15 December 1972 | Institution |
| Bonn Convention | Signed 23 June 1979 | Binding treaty on migratory species |
| Nairobi Declaration | Adopted 18 May 1982 | Soft law |
| Convention on Biological Diversity | Opened for signature 5 June 1992 | Binding treaty |
| Climate Change Convention | Adopted 9 May 1992 | Binding framework treaty |
| Kyoto Protocol | Adopted 11 December 1997 | Binding protocol |
| Johannesburg Declaration | Summit of 26 August to 4 September 2002 | Soft law |
| Paris Agreement | Adopted 12 December 2015 | Binding agreement |
Don't confuse: declarations and treaties
| Point | Declaration | Treaty or convention |
|---|---|---|
| Binding force | Not legally binding | Binds the States that ratify it |
| Examples | Stockholm, Nairobi, Johannesburg | Ramsar, Bonn, Climate Convention |
| Effect | Guides later law and courts | Creates duties between States |
Inside the concept. The Ramsar Convention asks each Party to list at least one wetland. A Party that ignores this breaks a treaty duty.
Just outside it. The Nairobi Declaration records concern for the environment. A State that ignores it breaks no treaty, though its ideas may later enter a treaty.
Common mistakes
- Calling the Nairobi or Johannesburg instruments "conventions". They are declarations.
- Treating the Stockholm Declaration as a binding treaty.
- Saying the Paris Agreement replaced the Climate Convention. It was adopted under it.
- Forgetting that a treaty needs Indian legislation under Article 253 to change Indian law.
Leading case laws
- Trail Smelter Arbitration (United States v. Canada)
Facts. Fumes from a smelter at Trail, British Columbia, damaged land in Washington State.
Principle. A State must not allow its territory to be used to cause serious injury to another State.
Why it matters. It is the earliest authority behind the customary layer of the regime.
- Vellore Citizens Welfare Forum v. Union of India
Facts. Tanneries in Tamil Nadu discharged untreated effluent into the Palar river area.
Principle. Sustainable development is part of customary international law, and a customary rule not contrary to domestic law is deemed incorporated in it.
Why it matters. It shows how international rules enter Indian courts.
How to write this answer in the exam
5-mark answer
- Meaning of the regime.
- The four layers.
- Two examples of soft law and two of treaties.
- One line on India and Article 253.
10-mark answer
- Why States need a regime.
- Customary rules: Trail Smelter and Vellore.
- Soft law and treaties, with the timeline.
- Institutions: UNEP and Conferences of the Parties.
- India: Articles 51(c) and 253.
- Difference between declarations and treaties; conclusion.
Key points to remember
- Four layers: customary rules, soft law, treaties, institutions.
- Stockholm, Nairobi and Johannesburg are declarations; Ramsar, Bonn, the Climate Convention, Kyoto and Paris are treaties.
- UNEP was created by General Assembly resolution of 15 December 1972.
- Article 253 lets Parliament legislate to implement a treaty.
- Vellore: sustainable development is part of customary international law.
Quick self-test
1. Which Article lets Parliament legislate to implement a treaty?
Article 253.
2. Is the Stockholm Declaration binding?
No. It is soft law.
3. Which case treated sustainable development as customary international law?
Vellore Citizens Welfare Forum v. Union of India.