conservation policy

7/30/2019 Conservation Policy

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1UNIT 1Introduction to Port and Shipping

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Unit 3

After completion of this unit, the students will be aware of the followingtopics: Basic Principles of Land Conservation Recent developments in the Conservation Policy UNCCDEnforcement and Compliance by India Marine Conservation Enforcement and Compliance by India

Introduction

Throughout the decades, the issue of degradation of land in

dryland areas has continued to decline. Desertification is not the

enlargement of existing deserts but the degradation of land in

semi-arid and dry sub-humid regions, which also serves as a

habitat to many species. It is a gradual process of soil loss in

productiveness and the thinning out of the vegetational cover

because of human activities & climatic variations like sustained

droughts and floods. Geological process is a worldwide problem

directly affecting 250 million people and 1/3rd of the Earth land

surface of Earth over four billion hectares. While desertification

impacts Africa the nearly, where 2/3rds of the continent is desert

or drylands, it is not a problem limited to drylands in Africa.Universally, some 70 % of the 5.2 billion hectares drylands used for

agribusiness are already degraded and endangered by

desertification.

Desertification is at the root of political and socio-economic issues

and poses a menace to the environment equilibrium in impacted

regions. It also has dangerous natural outcomes. It makes land

regions flood-prone, causes soil salinisation, leads to the worsening

of the quality of silting of rivers, water, streams, and reservoirs.

Consequently, to fight desertification, the first global Convention


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IT Applications in Port and Shipping

was followed in Paris on 17 June 1994 known as United Nations

Convention to Combat Desertification). It is the first and only

international legal instrument to address the issue of

desertification. Although this issue was initially discussed at the

UN Framework on Desertification held in Nairobi, Kenya in 1977,

because of lack of support, the framework was not put into place.

United Nations Convention to Combat Desertification is the only

Convention stemming from a direct recommendation of United

Nations Conference on Environment and Development in 1992.

The Convention came into force on 26 December 1996. Today,

there are one ninety nations which are parties to the Convention.

UNCCD is based on the basic principles of partnership,

participation, and decentralisation. The Convention provides a

model in which developing nations, donor nations, non-

governmental organisations and inter-governmental institutions,

can join in a new partnership for progress. The reason for entering

into such a business concern is that arid, dry sub-humid and semi-

arid regions together explain important proportion of the Earths

land area and is the habitat and source of living for a large sectionof its population. The Convention is also based on the conception

that desertification & drought affect sustainable development by

their interrelationships with significant social issues like poverty,

lack of food security , poor health and nutrition, , and those arising

from displacement of persons, migration, and demographic

dynamics.

The Convention also stresses the significant role played by women

in regions affected by desertification or drought, especially in

developing nations. It ensures that both men and women fully takepart at all phases of programme to combat desertification.

According to the Convention, desertification is land degradation

in arid, semi-arid, and dry sub-humid areas resulting from various

factors, including climatic variations and human activities.

The basic objective of the Convention, i.e. to fight with

desertification includes activities which are a component of the

integrated growth of land in arid, dry sub-humid and semi-arid,

and regions for sustainable development. These activities are

targeted at the prevention and minimisation of land degradation,


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rehabilitation of partly degraded land, and reclamation of

desertified land.

Obligation of Parties

The Convention divides these responsibilities into three parts.

Apart from the general responsibilities of the parties, there are

specific responsibilities of the affected nations and developed

nations. The Convention lays down that the Parties shall

implement these responsibilities either individually or jointly and

should coordinate efforts and develop a long-term approach at all

levels to fulfil these responsibilities.

Among the general responsibilities of the Parties, the Convention

insists that programme to combat desertification and mitigate the

impacts of drought must not be conceived in apart, but should be

incorporated into developmental policies as whole. The Convention

also places special stress on the economic environment, both

domestically and internationally, and makes it clear that this must

be ordered so as to enable desertification to be undertaken

effectively. Parties are obliged to give due attention to the impacts

of trade, marketing arrangements, and debt on the affected

developing nations among them. Parties are also bound to

incorporate their anti-desertification efforts with schemes for

impoverishment eradication. The general responsibilities of the

Parties stresses the importance of cooperation within regions, and

sub-regions, inter-governmental organizations, and

internationally. The Convention also emphasizes the need to

Promote cooperation among affected country Parties in the fields

of environmental protection and the conservation of land and

water resources, as they relate to desertification and drought.

In addition to these general responsibilities, the affected country

Parties and developed country Parties have special responsibilities

to be accomplished by them. Affected country Parties are needed to

establish strategies, allocate adequate resources, and priorities,

promote awareness, and facilitate the participation of local people,

especially women and youth in the steps to combat desertification.

The Parties should strengthen their existing legislations and enact

where needed, new laws and policies to combat desertification. On

the other hand, developed country Parties are needed to actively

support these affected parties, especially the least developed, in


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combating desertification. They are obliged to provide substantial

financial resources and other forms of support like technology and

knowledge to the affected nations.

3.2 Recent developments in the Conservation

Policy

The Convention has now accomplished maturity and is emerging

from the preparation of national action programme to their

implementation. Till date, the Conference of Parties has met six

times. During Conference of Parties 5, a subsidiary body to the, i.e.the Committee to Review the Implementation of the Convention)

was formed. Assessment of the national action programme by the

parties in 2000 and 2001 showed that the strengthening of

capacities for fundamental actors at the local level proved

successful in identifying and addressing challenges linked to

sustainable development. The bottom-up strategy of the

Convention helped strengthen relationships between local

communities and governments and, especially in larger nations. It

also preferred the decentralized involvement of stakeholders and

natural resources end users in the development process.

During the first session of the CRIS held during 1122 November

2002 in Italian capital, Rome, many advanced solutions were

discovered by country Parties. The exchange of selective

information on best practices and their replication globally are

required to further prompt an effective fight against desertification

and strengthen South-South and North-South cooperation among

nations and regions.

In the World Summit on Sustainable Development inJohannesburg, the governments turned the Global Environment

Facility to become a financial mechanism for the Convention. In

October 2002, GEF adopted the decision of becoming a financial

mechanism for United Nations Convention to Combat

Desertification and also designated land degradation as its fifth

focal area.

The most recent assembling on Desertification, i.e. Conference of

Parties 6, was convoked from 25 August to 6 September 2003 at

Hawaii, Cuba. The Conference of Parties 6 marked the transitionfrom consciousness-raising to implementation. Some very


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significant steps were taken during this meeting which includes

designation of Global Environment Facility as a financial

mechanism for the CCD and recognition of CRIC criteria for the

Conference of Parties 7 review. Substantive progress in the area of

science and technology was also made with the Conference

adopting suggestions made by the Committee on Science and

Technology, which promoted institutions and non-governmental

organisations to develop and test indicators and benchmarks and,

invited parties to carry out pilot studies on early warning systems,

and proposed the collection of case studies from local and

indigenous communities on traditional knowledge. The Havana

Declaration which resulted from the two-day discussions amongthe thirteen chiefs of state and government, was appended to the

more substantial Conference of Parties decisions. The Declaration

commits governments to pursue peace, sustainable development,

multilateralism, and comply with international law. It notes that

people living in affected regions need to be at the centre of all

programme to combat desertification, and urges the improvement

of economic, social, and environmental conditions of the poor. The

decisions adopted at the Conference serve as a roadmap for action

until the next Conference of the Parties in two years.

3.3 UNCCDEnforcement and Compliance byIndia

India became a signatory to the United Nations Convention to

Combat Desertification on 14 October 1994 and ratified it on 17

December 1996. The Ministry Of Environment and Forests, being

the nodal Ministry for all environment and forest related matters,

was made the focal point for coordinating the implementation ofthe CCD. Though, various other Ministries are also involved in

implementing specific schemes and projects to combat

desertification and drought under the overall priorities determined

by the Planning Commission in each 5 Year Plan. The Indian

Government had initiated a number of measures for the protection

and conservation of natural resources and ecosystems right from

the inception of the 1st 5 Year Plan in 1950-51. Over the last few

decades, a large number of initiatives have been taken to

strengthen programme and schemes, policy outlines andinstitutional frameworks in the sectors of social welfare,


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agriculture, poverty alleviation, rural development, environment

and forests, which have a direct concerning on enhancing the

economy and protection of our resources. The Constitutional

Amendment in 1992 has invested more power and role to the local

communities.

In addition to the land-based programme, a variety of

programme/schemes are being implemented in the social sector by

the Department of Education, Department of Family Welfare,

Ministry of Social Justice and Empowerment, Department of

Women and Child Development, Ministry of Rural Development,

etc. which are relevant in the concern with community

development/uplift and rehabilitation in the dry land regions of the

country. Various sector and cross-sector projects and programme in

context of desertification control were launched in the beginning

and are going forward within the framework of the 10th 5 Year

Plan. Different Ministries service these programme.

Some of the major programmes are:

Afforestation Programme Drought Prone Area Programme (DPAP) Desert Development Programme (DDP) National Watershed Development Programme for Rain-fed

Areas (NWDPRA)

Indira Gandhi Nahar Project Soil and Water Conservation in the Catchment of River Valley

Projects

Development of Ravine Area

The latest initiative in the support of combating desertification isthe launch of a new scheme called as the National Action

Programme for Combating Desertification. Under this scheme, the

affected States can take up specific activities for mitigating

drought through a participatory process. The concentration of the

Programme is in regions which are considered significant by the

Convention, but have not been adequately treated by the Indian

Government, namely, improving organisation and institutional

capacity at the grass root level, promoting alternative livelihoods,

etc. Depending upon the evaluation of ongoing strategies and

programme and assessment of current and future needs to combat


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desertification and mitigate the impacts of drought, the

Programme would be tailored to provide the force on meeting

community needs of drinking food, water, fodder, and fuel wood,

with a perspective to enhance their quality of life.

In order to provide research support to the various programmes for

combating desertification, the Indian Government has laid down a

network of national level research institutes.

Institutes involved in combating desertification are:

Central Research Institute for Dryland Agriculture,Hyderabad

Central Arid Zone Research Institute, Jodhpur Central Soil Salinity Research Institute, Karnal Central Soil and Water Conservation Research Institute,

Dehradun

Indian Grassland and Fodder Research Institute, Jhansi National Research Centre on Agroforestry, Jhansi Water Technology Centre at Indian Agriculture Research

Institute, New Delhi

A network of forestry research institutes under the Indian Council

of Forestry Research and Education (ICFRE), Dehradun, conducts

research on issues related to rehabilitation of degraded lands and

increasing productivity of forests. A Desertification Cell in the

MoEF has been laid down under the National Afforestation and

Eco-development Board.

These specific schemes and research efforts are confirmed by

institutional policy and legislative measures. As far as the policiesare related there are several policies conducting with specific

sector and cross-sector issues. Although most of them do not

discuss desertification per se, they have significant implications for

combating it.

The National Land Use Policy takes into account the legal,

environmental, economic, social, and demographic issues. The

Policy is proposed to have dynamic conservation, sustainable

development, and equitable approach to the profits of interference

as its thrust.


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The National Land Reform Policy, permits greater approach to

bring by the landless rural poor and renders road map for creation

of land reform legislation or statements to be initiated by the

Union Territories and States.

The National Forest Policy, which is targeted at environmental

maintenance and stability of ecological balance, also allows the

demand to gain forest cover on semi-arid, arid, and desert tracts.

The Draft Grazing and Livestock Management Policy is not

however a national policy. It is a policy conducting with grazing

and livestock management. One of its primary opening move is to

formulate large blocks of land away from human habitations inarid and semi-arid regions as grass reserves for higher production.

This is particularly needed for chronically drought prone states

like Gujarat, Rajasthan, and Haryana.

Major policies/strategies having a bearing on desertification:

National Land Use Policy Outlines, 1986 National Forest Policy, 1988 National Conservation Approach and Policy Statement for

Environment and Development, 1992

Draft Grazing and Livestock Management Policy, 1994 National Agriculture Policy, 2000 National Population Policy, 2000 National Water Policy, 2002 National Land Reform Policy Draft National Policy for Common Property Resource Lands National Policy on Environment Environmental Action Plan

The Draft National Policy for Common Property Resource Lands

(CPRLs) attempts to allow for support to the individuals and their

production systems by restoration, regeneration, protection, and

development of CPRLs.

The National Agricultural Policy, 2000, spotlights the significance

of social forestry and agroforestry in the maintenance of ecological


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balance and augmentation of biomass production in agricultural

systems.

The new National Water Policy, 2002, repeats the significance of

optimal use of water resource. In view of the vital importance of

water for human and animal living, to maintain ecological balance

and for economical development activities of all kinds, and taking

its increasing scarceness, the planning and management of this

resource and its economical, optimal, and equitable use has become

a subject of extreme urging. Concerns of the community need to be

taken into account for water resource development and

management.

As far as the legal and regulatory framework is concerned, there is

no specific law dealing with desertification per se. Though, in

India, there are several legislations targeted at conservation and

management of natural resources and preservation and protection

of the environment. Environmental issues that have been part of

Indian thought and social fabric are reflected in Indian

Constitution under Articles 48A and 51A (g). The Panchayati Raj

institution supplies strong institutional structure at the village

level for execution of desertification control schemes.

On the institutional side, the National Land Use and Wastelands

Development Council (NLWC) launched in 1985 is the highest

policy planning and coordinating agency for all issues concerning

the country land resources of the country. A Desertification Cell in

the Ministry of Environment and Forests has been launched under

the National Afforestation and Eco-development Board. This would

be further strengthened to comprise of a multi-disciplinary team

which includes forestry agriculture, geo-hydrology, environment

science, , social sciences and rural development.

Apart from all these steps taken by the Government of Indian

Government, it is also intended to start activities that include

assessment and mapping of drought monitoring, land degradation,

early warning system groups, drought readiness contingency plans

and on-farm research activities for the development of indigenous

technology. Under United Nations Convention to Combat

Desertification, a Regional Action Programme for Asian nations

has been formulated to strengthen the existing capacity of the

parties and to network each other for effective measures to combat


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desertification. Under this programme, 6 Thematic Programme

Networks (TPN) have been distinguished.

Although the above observed efforts have been substantial to an

extent in combating drought and desertification and in reducing

their effects, much more requirements to be done viewing the

magnitude of the problem. To reconstruct the total dangerous area,

an organised effort likewise importantly enhanced budgetary

support would be needed.

3.4 Marine Conservation

The preservation and protection of the marine environment under

Part XII of the United Nations Convention on the Law of the Sea

1982 renders a comprehensive legal model for controlling the

serious degradation of the marine ecosystem. Though Articles 192 -

237 deal with protection and preservation of the marine

environment as such, environmental provisions dealing with

maritime zones are also found elsewhere in the Convention.

The importance attached to the provisions of the environment of

the Law of the Sea under the Convention is evident in Article 1 of

the Preamble, which provides that:

Consequently, the States Parties recognize the desirability of

establishing through this Convention, with due regard for the

sovereignty of all States, a legal order for the seas and oceans

which will facilitate international communication, and will

promote the peaceful uses of the seas and oceans, the equitable

and efficient utilization of their resources, the conservation of their

living resources, and the study, protection and preservation of the

marine environment.

It can, therefore, be seen that unlike the 4 Geneva Conventions on

the Law of the Sea, 1958, the 1982 United Nations Convention on

the Law of the Sea offers for a comprehensive environmental law

regime governing the uses of the seas, which includes exploitation

and exploration of their resources.

Structure of Part XII of the UNCLOS, 1982


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The Structure of Part XII reflects a complex scheme for the

protection and preservation of the marine environment. For

convenience it can be divided up into:

(i) General provisions;(ii) Rules for worldwide and regional cooperation;(iii) Technical assistance and monitoring;(iv) Harmonization of international and national rules; and(v) Enforcement and safeguards and special provisions.

States have the responsibility to preserve and protect the marine

environment. This simple sentence though not determined to the

prevention of prospective damage to the marine environment, also

reaches the preservation of the marine environment. Preservation

would need a more pro-active stratefy by states to maintain and

improve the present condition of the marine environment.

The word protect represents measures concerning to approach or

existent danger or combat injury. The word preserve points

towards conservation of natural resources and retention of thequality of the marine environment between appropriate limits and

measures generally stipulatory. Conservation is the term that is

generally used to cite to the protection of the living resources.

Protection and preservation on the other hand denote the marine

environment, which is used during the Convention, as a matter of

long term policy.

Article 193, while reiterating the right of states to permanent

sovereignty over their natural resources, calls for preserving the

rights of other states. It states:

States have the sovereign right to exploit the natural resources

pursuant to the environmental policies and in accordance with

their duty to protect and preserve the marine environment.

This right to permanent sovereignty over natural resources has in

general been assumed to be customary law and was also thought

over in Principle 21 of the 1972 Stockholm Declaration, which

provided that:

States have, in accordance with the Charter of the United Nationsand the principles of international law, the sovereign right to

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exploit their own resources pursuant to their own environmental

policies, and the responsibility to ensure that activities within the

jurisdiction or control do not cause damage to the environment of

other states or of areasbeyond the limits of national jurisdiction.

As regards the definition of pollution of the marine environment

the Convention says that it means:

The introduction by man, directly or indirectly, of substances or

energy into the marine environment, including estuaries, which

results or is likely to result in such deleterious effects as harm to

living resources and marine life, hazards to human health, hinders

marine activities, including fishing and other legitimate uses of thesea, impairment of quality for use of sea water and reduction of

amenities.

It calls upon states to take all standards to ensure that actions

under their legal power or control do not cause harm by pollution

to other nations and their environment and the pollution

originating from incidents or activities under their jurisdiction

does not spread beyond the regions on which they exercise

sovereign right with this Convention.

States are also bound to adopt assesses to reduce to the fullestextend possible the pollution of the sea caused by:

pollution from vessels caused by accidents or emergenciesand also intentional or unintentional discharge through

vessels or ships, as well as regulation of the design,

construction, equipment, operation, and manning of vessels;

release of toxic, harmful, and noxious substances, especiallywhich are persistent; from land based sources; from or

through the atmosphere; and by dumping;

pollution from installation and devices operating in themarine environment which are involved in preventing

accidents and ensuring safety of operations at sea.

pollution from installation and devices used in theexploration or exploitation of natural resources from the

sea;


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The Convention though international in nature, calls upon states

either on a regional or global basis, through competent

international organizations or through directly, in developing

international standards and rules and recommended procedures

and practices for the preservation and protection of the marine

environment.

It provides a customary duty of notifying existing or imminent

pollution which is probably to cause damage to states, as well as

other competent international organizations. Moreover, while

attempting such notification, the Convention allows for that is the

obligation of all states to cooperate to the extent potential in

accordance with their capabilities, with the efficient international

organization in removing the impacts of pollution and preventing

or reducing the harm caused.

The Convention has appealed broader acceptance by a number of

developing and lesser-developed nations as it allows for

preferential discussion to them in their attempts to keep control, or

bring down pollution. Such help is by way of allocation of proper

technology transfer, financial resources, , and assistance in

capacity building and training.

As regards, monitoring and environmental assistance of risks or

impacts of pollution on the marine environment, the Convention

provides that states are obliged to keep under surveillance the

impacts of activities, which are probably to cause harm to the

marine environment.

The Convention lays down a framework for adoption anddevelopment of national measures for the protection of the marine

environment.

One of the significant activities of the Convention is to allow for

international standards and rules for the enactment of marine

pollution abatement actions. This would require harmonization of

national regulations and laws with international standards, rules,

and recommended procedures and practices relating to the

protection and preservation of the marine environment. During the

negotiations of the Convention, developing nations had serious


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objections to harmonization, as it would affect developmental

activities and progress in regions relating to international

shipping, increasing land based pollution of the sea, and the

potential effects of growing exploitation of the seabed and subsoil.

It was felt that concern for marine environment should not be a

stumbling block to the socio-economic development of poorer

states.

As regards standards setting, Section 5 of Part XII executes with 6

sources of marine pollution. These must include pollution from:

pollution from sea bed activity subject to nationaljurisdiction;

land based sources; pollution by dumping; pollution from activities in the Area; pollution from or through the atmosphere, pollution from vessels;

As regards pollution from land-based sources, states are under an

responsibility to adopt national legislations and regional andworldwide rules, while taking into account their economic

capacities and also the need for their socio-economic development.

Up to now, there is no worldwide treaty or convention that

regulates land based marine pollution. Though, the United Nations

Environment Programme is engaged in a Global Programme for

Action for adopting detailed national, regional, and if possible,

international rules and regulations for combating land based

marine pollution on the ground of the Montreal Guidelines.

On pollution from ocean floor activities, Part XII renders forharmonization of policies at the international and regional levels.

Pollution from activities in the field is to be ruled by international

rules, procedures and regulations, laid down in accordance with

Part XI of the Convention. In July 2001 the International Seabed

Authority, the body responsible for seabed activities, adopted the

Regulation ruling Prospecting, Exploration, and Exploitation of

Poly-metallic Nodules (Mining Code). This Mining Code renders for

elaborate rules for next development of seabed resources and

minerals, which is set to start in 2007.

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A combination of domestic legislation and international rules is

imagined with regard to pollution by dumping. Nations are under

a responsibility to follow a due diligence obligation to preserve the

marine environment from dumping. The Convention also provides

that dumping within the territorial sea, or the EEZ, or the

continental shelf, may not be accomplished without the express

prior approval of the coastal state.

In response to Part XII of the Convention, which is instead generic

in nature, the international community put in place a

comprehensive regime to influence pollution by dumping in 1972,

called the London Convention This Convention, which is broadly

bound to, rules the disposal at sea of wastes or any other matter

from aircraft vessels,, platforms, or any manmade structures at

sea. The London Convention experienced a revolutionary change

when it was amended in 1996 by a Protocol, which adopts a

precautionary strategy to dumping of wastes at sea.

Another aspect regulated is the Pollution from Vessels. It renders

that nations are under a responsibility to demonstrate

international rules and standards and domestic rules and laws of

at least the same impression. States also have an obligation to

encourage the adoption of measures with regard to harbours, ports

and national waters that includes territorial sea and EEZ. As

regards territorial sea, while adopting anti-pollution laws, coastal

states have an obligation to ascertain that they do not halter the

innocent passage of foreign vessels. With regard to EEZ, coastal

states may adopt rules and regulations committing outcome to

generally accepted international standards and rules. Moreover,

discipline to stringent measures applied by skilled international

organisations, coastal states may assume special mandatory

provisions for implementing international norms and standards.

With regard to pollution from vessels, one of major origins of

marine pollution, the Convention addresses states to establish

international standards and rules to prevent control reduce, and

pollution of the marine environment from vessels. The main

international convention regulating marine pollution from vessels

is the International Convention for the Prevention of Pollution

from Ships, as modified by the Protocol of 1978 (MARPOL 73/78).

It lays down particular international regulations whereby states

attempt to carry off intentional pollution of the marine


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environment by oil and other harmful substances and minimize all

accidental discharges. The Convention has attracted widespread

support, while two of its five annexes have not yet come into force.

The Convention allows for Port State and Flag State and legal

power for the prevention, minimization, and ascertainment of

pollution of the marine environment induced by vessels. States are

compelled to ascertain that vessels sailing their flags or of their

registry are prohibited from sailing unless they comply with the

necessities of international rules and standards.

Besides these essential provisions, Part XI of the Convention

comprises particular provisions on ice-covered regions and the

liability, responsibility, and sovereign immunity of state ships.

The Convention gives for coastal provinces to adopt and enforce

non-discriminatory laws for the prevention, minimisation, and

control of marine pollution in ice-covered regions. The Russian

Federation, Canada, USA,, and other states who did not oppose the

presence of such an article in the Convention surround the Arcticregion. Moreover, issues regarding navigation and ecology in ice-

covered regions are addressed under the Convention. This in turn

would mean that the competence of coastal states over marine

pollution caused by vessels in ice-covered regions extends upto the

outer limit of the EEZ. Such a legal basis saw Canada adopting the

Canadian Arctic Water Pollution Prevention Act, 1970, regarded

by many as a unilateral measure to protect the fragile marine

environment of the Arctic region.

States are made responsible and liable for causing damage to themarine environment. Principle 22 of the Stockholm Declaration,

which influenced the insertion of such a clause during the

negotiation stage of the Convention, provides:

States shall cooperate to develop further the international law

regarding liability and compensation for the victims of pollution

and other environmental damage caused by activities within the

jurisdiction or control of such regions beyond their jurisdiction.

It may be required to note that the International Law Commission

has, after a debate of more than fifty years, finished its work on


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rules of Obligation of Provinces. Violation of an international

responsibility means commission of an unlawful act for which

compensation or reparation has to be paid by the error-prone

province. Though the ILC has recently finished the work on the

obligation of states, the right to reparation upon suffering a legal

injury by a state is acknowledged as a part of customary law,

accepted by all nations.

The maxim ofsic utero tuo ut alienam non laedashas instituted a

basis of obligation in national and international laws. As opposed

to obligation that means only on the violation of an international

responsibility, indebtedness as a topic is also the agenda of the

ILC. The topic is being regarded as International Liability for

Injurious Consequences Arising out of Acts not prohibited by

International Law. The ILC is considering such topic under 2

broad headings:

1. Prevention of Transboundary Damage caused by HazardousActivities and

2. Allocation of Loss, as a part of the compensatory regime.The Convention states that it would be unsuitable to any naval

auxiliary, warship, other vessels or aircraft possessed or controlledby provinces and used for the time being only on government non-

commercial service, with regard to protection and preservation of

the marine environment.

3.5 Enforcement and Compliance by India

Though it would be concerning to analyse the complete state

pattern of India in the area of marine environment, it would be an

unmanageable practice because of time and space for the purposesof this publication. Be that as it may, some of the significant

environmental issues faced by India relate to conservation of

forests, preservation of grasslands, wetlands, mangroves, and the

others related to sustainable use of natural resources, which could

include regulation of industry, forestry, marine resources,

agriculture, and movement of hazardous wastes.

There are a number of general laws ordained by the State

Legislatures, and Parliament of India and which provide for

elaborated rules towards environmental prevention and protection


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of pollution and other man-made hazards. One of the most former

such laws is the Indian Penal Code, 1869, which allows for

environmental related criminal offence like pollution, trespass,

nuisance, and handling of other hazardous substances.

Under the framework of the Constitution of India, a number of

subjects are mentioned in which environmental obligations to

preserve the natural resources of the country have been

enumerated [Articles 48-A and 51-A(g)]. Further, the Constitution

also entails process in Article 252 and 253 for following domestic

legislations with effect to the requirements of 2 or more states. It

may also be noticed that the Union Government, in prosecution of

the Stockholm Declaration of 1972 & acting under Article 253,

adopted the Water Prevention and Control of Pollution Act, 1974,

and the Water Prevention and Control of Pollution Cess Act, 1977.

India has a coast line of 6,100 km. covering into the Indian Ocean,

with a advance of 1,400 km of islands in the Bay of Bengal and

Arabian Sea and the. It has an undivided economic geographical

zone of 2.02 million sq. kms and a menace to these regions from

marine pollution and other oil pollution does not have a particular

legal protection. As regards islandsthe Lakshadweep in Arabian

Sea and Andaman and Nicobar in the Bay of Bengal the

Government of Indian Government establish an Island

Development of Authority (IDA) under the chairmanship of the

Prime Minister in 1985. The IDA oversees the activities of these

islands and ensures the socio-economic development and protection

of eco systems therein.

Lately, the Indian Government announced some particular bio-

diversity rich marine regions as Marine Sanctuaries and Marine

National Park and. Such National Parks/Sanctuaries are located in

Gujarat, Andaman and Nicobar Islands and Tamil Nadu. Apart

from this, marine species like certain rays, and sharks and all

Giant Groupers, several species of Coral all Sygnathidians, all

several species of Molluscs, all Holothurians, certain sponges, etc.

have also been included in Schedules of the Wildlife (Protection)

Act, 1972, thereby giving them the highest degree of protection.

Taking into account the need to have a comprehensive legislation

covering various spheres affecting the environment, the UnionGovernment in 1986, enacted the Environment (Protection) Act. It


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is a piece of umbrella legislation for the protection of environment

and for matters connected therewith.

As regards the coastal regions of India, which are subjected to

various forms of environmental degradation like dredging, oil

spills, pollution, aquaculture, and unsuitable constructions, the

Government of Indian Government has released a notification on

Coastal Regulation Zones in 1991. The coastal zone regulation also

controls the threats to coral reefs and the mangrove ecosystems.

India has ordained lawmaking in a number of areas effecting upon

the marine environment. The aquatic and marine resources of

India were passed upon by the Indian Fisheries Act, 1897, whichattempts to lay down penal offences for the placement of poisonous

material or explosive substances or in the water with the intent of

destroying the catch of fish.

India has ordained national laws or become party to international

Conventions by having preserved the marine environment.

Amongst them, India became a Consultative Party Member of the

Antarctic Treaty system in 1983 and has signed the Protocol on

Environmental Protection to the Antarctic Treaty. As considers

maritime safety, India is a party to the International Conventionfor the Safety of Life at Sea, in 1974. To promote regional

cooperation in the SAARC area under the UNEP Regional Seas

Programme, India is a party to the South Asian Cooperative

Environment Programme (SACEP). In addition, India has also

signed the International Whaling Convention and the Ramsar

Convention on Wetlands of International importance, in 1971.

(Refer to Annexure 2 and 3)

3.6 Student ActivityMake a draft summarising about the UNCCD Enforcement and

Compliance by India.

3.7 Summary

If looked at universally, United Nations Convention To Combat

Desertification has been efficient in combating geological process

particularly in Africa. The Convention has now achieved maturity

and is emerging from the formulation of national action


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programme to their execution. Judgment of domestic action

programme by the parties in 2000 and 2001 proved that the

strengthening of capacities for key actors at the local level proved

successful in identifying and addressing challenges linked to

sustainable development. The bottom-up strategy of the

Convention helped strengthen relationships between governments

and local communities, particularly in larger nations. It also

favoured the decentralised involvement of stakeholders and

natural resources end users in the development process.

Throughout the meeting of the Committee for the Review of the

Implementation of the Convention in 2002, many innovatory

solutions were identified by country Parties. The exchange of

information on best practices and their replication worldwide are

expected to further propel an effective fight against desertification

and strengthen South-South and North-South cooperation among

nations and regions.

The measurements of conservation, especially with respect to

natural resources of marine environment help in keeping the

ecological balance of the marine environment. In this way, the

concepts of Part XII of the Convention go much further than

merely combating pollution after it has already happened. It

means taking of legal and administrative measurements & the

application of scientific methods and procedures which do not

simply arrest deterioration of marine eco-systems, but also allow

for the means for preserving and protecting the marine

environment from harmful impacts of pollution and other hazards.

UNCLOS, 1982, renders for the most countrywide authorities

ruling all aspects of preservation, access, utilisation, use, and

protection of marine regions and environment. It sets out the

limits of coastal states jurisdiction over unlike maritime zones and

allows for the set up of an International Seabed Authority to

empower and control exploitation and exploration of resources of

the international seabed area, beyond the limits of national

jurisdiction. Similarly, exploitation in the Economic Exploitation

Zone is specified by a responsibility to ensure proper conservation

and management evaluates in so that living resources in the EEZ

are not threatened by over exploitation.

3.8 Keywords


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It reflects a complex

scheme for the protection and preservation of the marine

environment.

It is the highest policy planning and coordinating agency

for all issues concerning the country land resources of the country.

It spotlights the

significance of social forestry and agroforestry in the maintenance

of ecological balance and augmentation of biomass production in

agricultural systems.

3.9 Review Questions

1. What are the basic principles of land conservation?2. Explain the recent developments in the conservation policy.3. Describe the UNCCDenforcement and compliance by India.4. Explain the marine conservation.5. Discuss about the enforcement and compliance by India.

3.10 Further Readings

Books

Alexander Yankov, The Law of the Sea Conference at theCrossroads, Virginia Journal of International Law, 1977, Vol. 18,pp. 31 and 36; Also see P. S. Rao, India and the Law of the Sea,World Focus, Vol. 15 (9), 1992, pp. 15 to 19.

Web Readings

http://awsassets.wwfindia.org/downloads/mea_handbook_cel.pdf
http://awsassets.wwfindia.org/downloads/mea_handbook_cel.pdfhttp://awsassets.wwfindia.org/downloads/mea_handbook_cel.pdfhttp://awsassets.wwfindia.org/downloads/mea_handbook_cel.pdf

conservation policy

Documents