Resreach Paper SAGNIK
Resreach Paper SAGNIK
Resreach Paper SAGNIK
SUBMITTED TO:
(Mr. VISHAL BERA)
(ASSISTANT PROFESSOR)
SUBMITTED BY:
SAGNIK BHATTACHARJEE
ROLL NO.-
A90811118107
BATCH (2018-2023)
I, Sagnik bhattacharjee, student of B.A.,Ll.B.(H) , hereby declare that the project work
entitled “A JURISPRUDENTIAL TRIP THROUGHT HUMAN RIGHTS BASED
APPROACH ON ENVIROMENTAL ISSUES” submitted to the AMITY Law School,
AMITY University, KOLKATA is a record of an original work done by me under
the guidance of Mr. Vishal Bera, teacher in subject, AMITY Law School, AMITY
University, KOLKATA.
i
CERTIFICATE
This is to certify that the project report entitled “A JURISPRUDENTIAL TRIP THROUGHT
HUMAN RIGHTS BASED APPROACH ON ENVIROMENTAL ISSUES .” submitted by
Sagnik Bhattacharjee in partial fulfilment of the requirement for the award of degree of
“Batch” to AMITY Law School, AMITY University, KOLKATA is a record of the
candidate’s own work carried out by him under my supervision. The matter embodied in this
project is original and has not been submitted for the award of any other degree.
ii
ACKNOWLEDGEMENTS
I would specially like to thank my guide, mentor, Mr. Vishal Bera without whose constant
support and guidance this project would have been a distant reality.
This work is an outcome of an unparalleled infrastructural support that I have received from
AMITY Law School, AMITY University, KOLKATA.
I owe my deepest gratitude to the library staff of the college.
It would never have been possible to complete this study without an untiring support from my
family, especially my parents.
This study bears testimony to the active encouragement and guidance of a host of friends and
well-wishers.
Name:SAGNIK BHTTACAHRJEE
Roll no: A90811118107
iii
LIST OF ABBREVIATIONS
iv
TABLE OF CASES
v
CONTENTS
DECLARATION i
CERTIFICATE ii
ACKNOWLEDGMENT iii
LIST OF ABBREVIATIONS iv
TABLE OF CASES v
CHAPTER-I:
CHAPTER-II:
CHAPTER-III:
CHAPTER-IV:
MAJOR FINDINGS
CONCLUSION
SUGGESTIONS
BIBLIOGRAPHY
CHAPTER 1
ABSTRACT
The paper examines the human rights-based approach to environmental protection. It deals with the
potential benefits as well as risks and drawbacks of deploying human rights approach to climate
change and environmental degradation, various regional arrangements put in place for the promotion
and protection of human rights with special focus on environmental rights. It also dwells on
recognition of environmental rights in various constitutions of States in the international community.
It is submits that the advantages of the human rights approach far outweigh the disadvantages. It
recommends the recognition of environmental rights as human rights nationally and internationally
and their being constitutionalized in majority of States in the global community in order to alleviate
the effects of climate change and environmental degradation in general since the adoption of the
human rights approach would constitute a powerful and effective weapon in the hands of affected
individuals, groups, NGOs, and even States, in seeking redress with respect to environmental rights.
ii
CHAPTER 2
INTRODUCTION
v
are most vulnerable to
environmental harm and least
able to access political
remedies within their own
3
countries.
The paper looks into the
human rights-based approach
to environmental protection,
the potential benefits as well as
risks and drawbacks of
deploying human rights
approach to
climate change and
environmental degradation,
various regional arrangements
put in place
vi
for the promotion and
protection of human rights
with special focus on
environmental rights.
It also dwells on recognition of
environmental rights in various
constitutions of States in the
international community.
Introduction
Ziemer has stated that with
“increasingly severe and
widespread environmental
degradation” in the world,
“new tools are needed to
respond to environmental
harm” as
vii
“[t]raditional international
environmental law has little to
offer individuals harmed by
such
1
damage.” Consequently,
individuals “whose health
or livelihood is threatened”
by
environmental pollution,
“have little recourse under
international environmental
laws” and
those who are most
adversely affected “by
environmental degradation
are often ethnic
viii
minority groups or
indigenous peoples who
are effectively excluded
from political
participation or redress under
2
their nation’s laws.” The
learned scholar then asserts
that:
Linking human rights with the
environment creates a rights-
based approach to
environmental protection
that places the people
harmed by environmental
ix
degradation at its center.
Articulating the fundamental
environmental rights of
peoples creates the opportunity
to secure those rights
through human rights
bodies in an international
forum. This has particular
force for those groups that
are most vulnerable to
environmental harm and least
able to access political
remedies within their own
3
countries.
x
The paper looks into the
human rights-based approach
to environmental protection,
the potential benefits as well as
risks and drawbacks of
deploying human rights
approach to
climate change and
environmental degradation,
various regional arrangements
put in place
for the promotion and
protection of human rights
with special focus on
environmental rights.
xi
It also dwells on recognition of
environmental rights in various
constitutions of States in the
international community.
Introduction
Ziemer has stated that with
“increasingly severe and
widespread environmental
degradation” in the world,
“new tools are needed to
respond to environmental
harm” as
“[t]raditional international
environmental law has little to
offer individuals harmed by
such
xii
1
damage.” Consequently,
individuals “whose health
or livelihood is threatened”
by
environmental pollution,
“have little recourse under
international environmental
laws” and
those who are most
adversely affected “by
environmental degradation
are often ethnic
minority groups or
indigenous peoples who
are effectively excluded
from political
xiii
participation or redress under
2
their nation’s laws.” The
learned scholar then asserts
that:
Linking human rights with the
environment creates a rights-
based approach to
environmental protection
that places the people
harmed by environmental
degradation at its center.
Articulating the fundamental
environmental rights of
peoples creates the opportunity
to secure those rights
through human rights
xiv
bodies in an international
forum. This has particular
force for those groups that
are most vulnerable to
environmental harm and least
able to access political
remedies within their own
3
countries.
The paper looks into the
human rights-based approach
to environmental protection,
the potential benefits as well as
risks and drawbacks of
deploying human rights
approach to
xv
climate change and
environmental degradation,
various regional arrangements
put in place
for the promotion and
protection of human rights
with special focus on
environmental rights.
It also dwells on recognition of
environmental rights in various
constitutions of States in the
international community.
Introduction
Ziemer has stated that with
“increasingly severe and
widespread environmental
xvi
degradation” in the world,
“new tools are needed to
respond to environmental
harm” as
“[t]raditional international
environmental law has little to
offer individuals harmed by
such
1
damage.” Consequently,
individuals “whose health
or livelihood is threatened”
by
environmental pollution,
“have little recourse under
international environmental
laws” and
xvii
those who are most
adversely affected “by
environmental degradation
are often ethnic
minority groups or
indigenous peoples who
are effectively excluded
from political
participation or redress under
2
their nation’s laws.” The
learned scholar then asserts
that:
Linking human rights with the
environment creates a rights-
based approach to
xviii
environmental protection
that places the people
harmed by environmental
degradation at its center.
Articulating the fundamental
environmental rights of
peoples creates the opportunity
to secure those rights
through human rights
bodies in an international
forum. This has particular
force for those groups that
are most vulnerable to
environmental harm and least
able to access political
xix
remedies within their own
3
countries.
The paper looks into the
human rights-based approach
to environmental protection,
the potential benefits as well as
risks and drawbacks of
deploying human rights
approach to
climate change and
environmental degradation,
various regional arrangements
put in place
for the promotion and
protection of human rights
xx
with special focus on
environmental rights.
It also dwells on recognition of
environmental rights in various
constitutions of States in the
international community.
Introduction
Ziemer has stated that with
“increasingly severe and
widespread environmental
degradation” in the world,
“new tools are needed to
respond to environmental
harm” as
“[t]raditional international
environmental law has little to
xxi
offer individuals harmed by
such
1
damage.” Consequently,
individuals “whose health
or livelihood is threatened”
by
environmental pollution,
“have little recourse under
international environmental
laws” and
those who are most
adversely affected “by
environmental degradation
are often ethnic
minority groups or
indigenous peoples who
xxii
are effectively excluded
from political
participation or redress under
2
their nation’s laws.” The
learned scholar then asserts
that:
Linking human rights with the
environment creates a rights-
based approach to
environmental protection
that places the people
harmed by environmental
degradation at its center.
Articulating the fundamental
environmental rights of
xxiii
peoples creates the opportunity
to secure those rights
through human rights
bodies in an international
forum. This has particular
force for those groups that
are most vulnerable to
environmental harm and least
able to access political
remedies within their own
3
countries.
The paper looks into the
human rights-based approach
to environmental protection,
the potential benefits as well as
risks and drawbacks of
xxiv
deploying human rights
approach to
climate change and
environmental degradation,
various regional arrangements
put in place
for the promotion and
protection of human rights
with special focus on
environmental rights.
It also dwells on recognition of
environmental rights in various
constitutions of States in the
international community.
Introduction
xxv
Ziemer has stated that with
“increasingly severe and
widespread environmental
degradation” in the world,
“new tools are needed to
respond to environmental
harm” as
“[t]raditional international
environmental law has little to
offer individuals harmed by
such
1
damage.” Consequently,
individuals “whose health
or livelihood is threatened”
by
xxvi
environmental pollution,
“have little recourse under
international environmental
laws” and
those who are most
adversely affected “by
environmental degradation
are often ethnic
minority groups or
indigenous peoples who
are effectively excluded
from political
participation or redress under
2
their nation’s laws.” The
learned scholar then asserts
that:
xxvii
Linking human rights with the
environment creates a rights-
based approach to
environmental protection
that places the people
harmed by environmental
degradation at its center.
Articulating the fundamental
environmental rights of
peoples creates the opportunity
to secure those rights
through human rights
bodies in an international
forum. This has particular
force for those groups that
xxviii
are most vulnerable to
environmental harm and least
able to access political
remedies within their own
3
countries.
The paper looks into the
human rights-based approach
to environmental protection,
the potential benefits as well as
risks and drawbacks of
deploying human rights
approach to
climate change and
environmental degradation,
various regional arrangements
put in place
xxix
for the promotion and
protection of human rights
with special focus on
environmental rights.
It also dwells on recognition of
environmental rights in various
constitutions of States in the
international community.
Introduction
Ziemer has stated that with
“increasingly severe and
widespread environmental
degradation” in the world,
“new tools are needed to
respond to environmental
harm” as
xxx
“[t]raditional international
environmental law has little to
offer individuals harmed by
such
1
damage.” Consequently,
individuals “whose health
or livelihood is threatened”
by
environmental pollution,
“have little recourse under
international environmental
laws” and
those who are most
adversely affected “by
environmental degradation
are often ethnic
xxxi
minority groups or
indigenous peoples who
are effectively excluded
from political
participation or redress under
2
their nation’s laws.” The
learned scholar then asserts
that:
Linking human rights with the
environment creates a rights-
based approach to
environmental protection
that places the people
harmed by environmental
xxxii
degradation at its center.
Articulating the fundamental
environmental rights of
peoples creates the opportunity
to secure those rights
through human rights
bodies in an international
forum. This has particular
force for those groups that
are most vulnerable to
environmental harm and least
able to access political
remedies within their own
3
countries.
xxxiii
The paper looks into the
human rights-based approach
to environmental protection,
the potential benefits as well as
risks and drawbacks of
deploying human rights
approach to
climate change and
environmental degradation,
various regional arrangements
put in place
for the promotion and
protection of human rights
with special focus on
environmental rights.
xxxiv
It also dwells on recognition of
environmental rights in various
constitutions of States in the
international community.
Introduction
Ziemer has stated that with
“increasingly severe and
widespread environmental
degradation” in the world,
“new tools are needed to
respond to environmental
harm” as
“[t]raditional international
environmental law has little to
offer individuals harmed by
such
xxxv
1
damage.” Consequently,
individuals “whose health
or livelihood is threatened”
by
environmental pollution,
“have little recourse under
international environmental
laws” and
those who are most
adversely affected “by
environmental degradation
are often ethnic
minority groups or
indigenous peoples who
are effectively excluded
from political
xxxvi
participation or redress under
2
their nation’s laws.” The
learned scholar then asserts
that:
Linking human rights with the
environment creates a rights-
based approach to
environmental protection
that places the people
harmed by environmental
degradation at its center.
Articulating the fundamental
environmental rights of
peoples creates the opportunity
to secure those rights
through human rights
xxxvii
bodies in an international
forum. This has particular
force for those groups that
are most vulnerable to
environmental harm and least
able to access political
remedies within their own
3
countries.
The paper looks into the
human rights-based approach
to environmental protection,
the potential benefits as well as
risks and drawbacks of
deploying human rights
approach to
xxxviii
climate change and
environmental degradation,
various regional arrangements
put in place
for the promotion and
protection of human rights
with special focus on
environmental rights.
It also dwells on recognition of
environmental rights in various
constitutions of States in the
international community.
Introduction
Ziemer has stated that with
“increasingly severe and
widespread environmental
xxxix
degradation” in the world,
“new tools are needed to
respond to environmental
harm” as
“[t]raditional international
environmental law has little to
offer individuals harmed by
such
1
damage.” Consequently,
individuals “whose health
or livelihood is threatened”
by
environmental pollution,
“have little recourse under
international environmental
laws” and
xl
those who are most
adversely affected “by
environmental degradation
are often ethnic
minority groups or
indigenous peoples who
are effectively excluded
from political
participation or redress under
2
their nation’s laws.” The
learned scholar then asserts
that:
Linking human rights with the
environment creates a rights-
based approach to
xli
environmental protection
that places the people
harmed by environmental
degradation at its center.
Articulating the fundamental
environmental rights of
peoples creates the opportunity
to secure those rights
through human rights
bodies in an international
forum. This has particular
force for those groups that
are most vulnerable to
environmental harm and least
able to access political
xlii
remedies within their own
3
countries.
The paper looks into the
human rights-based approach
to environmental protection,
the potential benefits as well as
risks and drawbacks of
deploying human rights
approach to
climate change and
environmental degradation,
various regional arrangements
put in place
for the promotion and
protection of human rights
xliii
with special focus on
environmental rights.
It also dwells on recognition of
environmental rights in various
constitutions of States in the
international community.
Introduction
Ziemer has stated that with
“increasingly severe and
widespread environmental
degradation” in the world,
“new tools are needed to
respond to environmental
harm” as
“[t]raditional international
environmental law has little to
xliv
offer individuals harmed by
such
1
damage.” Consequently,
individuals “whose health
or livelihood is threatened”
by
environmental pollution,
“have little recourse under
international environmental
laws” and
those who are most
adversely affected “by
environmental degradation
are often ethnic
minority groups or
indigenous peoples who
xlv
are effectively excluded
from political
participation or redress under
2
their nation’s laws.” The
learned scholar then asserts
that:
Linking human rights with the
environment creates a rights-
based approach to
environmental protection
that places the people
harmed by environmental
degradation at its center.
Articulating the fundamental
environmental rights of
xlvi
peoples creates the opportunity
to secure those rights
through human rights
bodies in an international
forum. This has particular
force for those groups that
are most vulnerable to
environmental harm and least
able to access political
remedies within their own
3
countries.
The paper looks into the
human rights-based approach
to environmental protection,
the potential benefits as well as
risks and drawbacks of
xlvii
deploying human rights
approach to
climate change and
environmental degradation,
various regional arrangements
put in place
for the promotion and
protection of human rights
with special focus on
environmental rights.
It also dwells on recognition of
environmental rights in various
constitutions of States in the
international community.
Ziemer has stated that with "increasingly severe and widespread environmental
degradation" in the world, "new tools are needed to respond to environmental harm" as
"Traditional international environmental law has little to offer individuals harmed by such
damage."! Consequently, individuals "whose health or livelihood is threatened" by
environmental pollution, "have little recourse under international environmental laws" and
those who are most adversely affected "by environmental degradation are often ethnic
minority groups or indigenous peoples who are effectively excluded from political
participation or redress under their nation's laws." The learned scholar then asserts that:
xlviii
Linking human rights with the environment creates a rights-based approach to environmental
protection that places the people harmed by environmental degradation at its center. Articulating the
fundamental environmental rights of peoples creates the opportunity to secure those rights through
human rights.
xlix
CHAPTER 3
Initially, the subject of protection of nature and environment was not taken seriously by any
international or national organizations or by any government. Since 1972 onward continues efforts are
made for the protection of environment. Various international conventions, treaties and laws have
been made for the protection of environment, some of them are discussed below.
Stockholm Declaration (1972)
UN conference on human environment in Stockholm (Sweden) in 1972, brings mankind closure to
environment in which declaration on the human environment was adopted. 1972 marks a landmark
year in the history of environmental laws and is considered as environment movement in the world.
Principle 1[1] of the Stockholm declaration established an interrelation between environmental law
and human rights. After this declaration UNEP was set up, a dedicated organization for the protection
of human rights and environment.
Rio Declaration (1992)
The united nations conference on environment and development in 1992 restate the Stockholm
declaration of 1972. Rio declaration formulates a link between human rights and environmental laws.
Declaration adopted a set of principles for the sustainable development, these principles define the
right of people to live in healthy environment and their responsibility to protect the environment.
Declaration links right to development and right to live in healthy, clean, and sound environment and
reaffirms interdependence of all human rights and environment protection. Rio declaration is a
milestone that set a new agenda for sustainable development.
Word Summit on Sustainable Development (2002)
World summit on sustainable development was held in Johannesburg and its main idea is to focus the
world’s attention to sustainable growth for the better future without compromising the present need. It
mainly focuses on implementation rather than new treaties and targets. The main issues discussed
were gender equality, democratic society, good governance and enhance international cooperation for
protection of environment.
Besides these conferences some progress made in the form of resolutions and debates by international
organizations, human right bodies and special agencies working for the betterment of world and
environment. UNGA in its resolution in 1990 observed that environment protection is very important
for the enjoyment of basic human rights. Special rapporteur on human rights and the environment of
2012 emphasis on environmental consciousness for state to provide environment protection.
l
CHAPTER 4
li
Ziemer has stated that with
“increasingly severe and
widespread environmental
degradation” in the world,
“new tools are needed to
respond to environmental
harm” as
“[t]raditional international
environmental law has little to
offer individuals harmed by
such
1
damage.” Consequently,
individuals “whose health
or livelihood is threatened”
by
lii
environmental pollution,
“have little recourse under
international environmental
laws” and
those who are most
adversely affected “by
environmental degradation
are often ethnic
minority groups or
indigenous peoples who
are effectively excluded
from political
participation or redress under
2
their nation’s laws.” The
learned scholar then asserts
that:
liii
Linking human rights with the
environment creates a rights-
based approach to
environmental protection
that places the people
harmed by environmental
degradation at its center.
Articulating the fundamental
environmental rights of
peoples creates the opportunity
to secure those rights
through human rights
bodies in an international
forum. This has particular
force for those groups that
liv
are most vulnerable to
environmental harm and least
able to access political
remedies within their own
3
countries.
The paper looks into the
human rights-based approach
to environmental protection,
the potential benefits as well as
risks and drawbacks of
deploying human rights
approach to
climate change and
environmental degradation,
various regional arrangements
put in place
lv
for the promotion and
protection of human rights
with special focus on
environmental rights.
It also dwells on recognition of
environmental rights in various
constitutions of States in the
international c
lvi
MAJOR FINDINGS OF THE PROJECT
Failure in protection of healthy environment clearly affects full enjoyment of human rights. The
relation between human rights and environment not only helps in sustainable development but also
strengthens the human right system and enables the expansion of scope of human rights protection in
the area of environment. Human rights and environment are interlinked so human rights are protected
only when the environment is protected. In India, the courts are extremely cautious about the
environmental and human rights, considering the loss of nature cannot be renewed. In India judiciary
tries to bridge the gap and link human rights with environment laws. Despite various laws and
legislature, environmental problems are still not solved. Proper implementations of laws and regular
inspection is required for sustainable development. Law commission of India in its 186 th report made
proposal for constitution of environment court with special judge to deal with environment cases,
hence the creation of environment courts and strengthening the hands of judiciary is the need of an
hour. It is time to recognize those who pollute environment not only harm the environment but also
violate human rights.
1
CONCLUSION
Failure in protection of healthy environment clearly affects full enjoyment of human rights. The
relation between human rights and environment not only helps in sustainable development but also
strengthens the human right system and enables the expansion of scope of human rights protection in
the area of environment. Human rights and environment are interlinked so human rights are protected
only when the environment is protected. In India, the courts are extremely cautious about the
environmental and human rights, considering the loss of nature cannot be renewed. In India judiciary
tries to bridge the gap and link human rights with environment laws. Despite various laws and
legislature, environmental problems are still not solved. Proper implementations of laws and regular
inspection is required for sustainable development. Law commission of India in its 186 th report made
proposal for constitution of environment court with special judge to deal with environment cases,
hence the creation of environment courts and strengthening the hands of judiciary is the need of an
hour. It is time to recognize those who pollute environment not only harm the environment but also
violate human rights.
2
SUGGESTIONS
3
BIBLIOGRAPHY
Articles:
Websites:
1. https://www.ijlmh.com/paper/intersection-between-human-rights-and-
environmental-law-the-scenario-in-india/
2. http://bit.ly/3hGvBZj
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