Ramsar Convention 1971

The treaty on wetlands: the Ramsar List, wise use and the Montreux Record

7 min read
International Environmental Law

In one minute

The Ramsar Convention is the treaty on wetlands. It was signed on 2 February 1971 at Ramsar, Iran. It asks each member country to list wetlands of international importance and to use all its wetlands wisely.

It predates the Stockholm conference of 1972. It binds only the States that join, and India acceded on 1 February 1982.

Exam focus

  • Frequency: Rarely asked
  • Usually asked as: Short answer (4 to 6 marks)

Legal provision

  • Convention on Wetlands of International Importance especially as Waterfowl Habitat: signed at Ramsar, Iran, on 2 February 1971 and in force from 21 December 1975.
  • Core duties of each Party: to designate at least one wetland for the List of Wetlands of International Importance.
  • The second duty is to promote the wise use of all wetlands in its territory.
  • Constitution of India, Article 253: Parliament may legislate to implement a treaty, so the Convention enters Indian law through Indian statutes and rules.

Meaning and definition

A wetland is an area of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, fresh, brackish or salt. Article 1 also includes marine water not deeper than six metres at low tide. The Convention protects these areas because they control floods, refill groundwater, clean water and give homes to waterbirds that migrate across countries.

The treaty is the oldest of the modern global environmental treaties. Its concern is one type of ecosystem.

Detailed explanation

Step 1: why a wetland treaty

For a long time, wetlands were seen as wasteland to be drained and built on. Yet a wetland serves people far beyond its edge, and waterbirds depend on a chain of wetlands in many countries. Losing one site harms the whole chain. That is a cross-border concern.

Step 2: the Ramsar List

Each Party must designate at least one suitable wetland for the List of Wetlands of International Importance. The Party must also promote its conservation. A listed site stays under the State's sovereignty, but the State has accepted international attention to how it is kept.

Step 3: wise use

The second duty is wider. Each Party must promote the wise use of all wetlands in its territory, listed or not. The Convention text does not define the term. Later Ramsar guidance links it to keeping a wetland's ecological character within sustainable development.

Example. A State lets fishers use a lake in measured amounts and refuses a plan to fill part of it for housing. It is following the wise use duty even though the lake is not on the List.

Step 4: the Montreux Record

Some listed sites are in trouble. The Montreux Record is a register of listed wetlands whose ecological character has changed, is changing or is likely to change because of technology, pollution or other human interference. A site on the Record needs priority attention. Keoladeo National Park and Loktak Lake are India's entries on it.

Step 5: India's position

India acceded on 1 February 1982. The Convention does not by itself create new Indian rights or duties. It is given effect through Indian law, such as the Environment (Protection) Act, 1986. A Ramsar designation shows a site's importance and the State's promise to keep it.

Don't confuse: Ramsar List, wise use and Montreux Record

TermCoversPurpose
Ramsar ListWetlands of international importance designated by a PartyConserve chosen key sites
Wise useAll wetlands in a Party's territoryKeep their ecological character with sustainable use
Montreux RecordListed sites under threat or already changedFlag them for priority action

Inside the concept. A listed lake is losing its water to a new factory. It can be placed on the Montreux Record.

Just outside it. A small unlisted pond is drying up. The wise use duty still applies, but the pond is not a candidate for the Montreux Record because it is not a listed site.

Common mistakes

  • Saying Ramsar came after Stockholm. It was signed in 1971.
  • Thinking the Convention protects only listed sites. Wise use covers all wetlands.
  • Calling the Montreux Record a list of all threatened wetlands. It covers listed sites whose character is changing or at risk.
  • Writing that Ramsar changes Indian law directly.

Leading case laws

No case page in this subject turns on the Ramsar Convention. Questions on it are answered from the treaty's own duties.

How to write this answer in the exam

5-mark answer

  1. Date and place.
  2. List and wise use duties.
  3. Montreux Record in one line.
  4. India's accession.

10-mark answer

  1. Background: why wetlands.
  2. Signing and entry into force.
  3. The two core duties, with the table.
  4. Montreux Record.
  5. India: accession and Article 253; conclusion.

Key points to remember

  • Signed 2 February 1971 at Ramsar, Iran; in force 21 December 1975.
  • Duties: designate at least one wetland and promote wise use of all.
  • Montreux Record: listed sites whose ecological character is changing.
  • India acceded on 1 February 1982.

Quick self-test

1. When was the Ramsar Convention signed?

2 February 1971.

2. What are the two core duties?

Designate at least one wetland for the List, and promote wise use of all wetlands.

3. What is the Montreux Record?

A register of listed wetlands whose ecological character is changing or at risk.

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