THE CLIMATE CRISIS AND LAW REGARDING THE ENVIRONMENT
INTRODUCTION
The reason for the existence of environmental law is to regulate human activity that has an impact on the environment as well as the need to ensure sustainability and development of economies. Such regulations are now imperatives since the world is facing environmental challenges that are uncommon and new like pollution, climate change and loss of biological diversity. People are impacted by the environmental crisis on a regular basis and it is not just an abstract concept. The repercussions of environmental degradation are quite bad, air quality in metropolitan areas causes health problems, and inundating coastal cities due to inclement weather events that cause high sea levels.
These frameworks bear the burden of these negative effects by mitigating emissions, protecting vulnerable species and promoting green practices. As fresh challenges emerge and information from the scientific and technological landscape develops, this area of practice remains fluid.The contemporary problems include in the environment are the greenhouse effect, global warming, acid rain, tropical forest clearance and the hole in the ozone layer. Thus, it also includes water pollution and plastic pollution as well. Natural resources are depleted frequently because of pesticides and chemicals. Loss of biodiversity are some of the major issues which India faces today.
These rules therefore ensure sustainable development through striking a balance between the economic expansion and the protection of natural ecosystems. This is achieved by putting people, companies, and governments on a responsible route through their effects on the environment through licences, penalties, and enforcement measures. For instance, environmental legislation such as the Clean Air Act and the Kyoto Protocol hence plays a crucial role in the preservation of the health and future of our world.
HOW ENVIRONMENTAL LAW HAS CHANGED OVER TIME ?
1. Dawn of Civilization: To begin with, the issues related to enjoyment of property, for example, the action of nuisance and the local laws, were used to mitigate the environmental challenges.
2. Industrial Revolution: The rapid industrialization of the 19th century resulted in extreme pollution, making the early laws on public health and sanitation, nearly inevitable.
3. Mid-20th Century: In the years after World War II, there was a growing awareness of the problem of environmental pollution. Certain events in history like the publishing of “Silent Spring” by Rachel Carson in 1962 created awareness about the dangers of pesticide and encouraged action on the need to regulate natural resources.
4. The Environmental Movement of the 1970’s: This decade was momentous in that there was the passing of significant legislation and the establishment of significant institutions. In the United States, the Environmental Protection Agency (EPA) was established while key legislations such as the Clean Water Act and the Clean Air Act were enacted.
5. The Global Perspective: In the second half of the 20th century, global initiatives such as environmental treaties were born, aiming to control depletion and destruction of the ozone layer, the latter of which was the Montreal Protocol in 1987, and the Kyoto Protocol in 1997 which sought to control emissions of destructive gases.
6. The Innovations of the Twenty-First Century: With the growing field of environmental law, there has now been a shift to the focus of more of climate change strategies, energy resources and their management, and sustainable economic development. The 2015 Paris Agreement is one of those global covenants demonstrating the world’s resolve in the fight against climate change.1
THE NATIONAL RESPONSES OF ENVIRONMENTAL CRISIS
Countries around the world are managing the climate crisis in different ways from one another and trying to find a balance between engaging the society, honouring international treaties, embracing innovations and controlling them. The roots of controlling greenhouse gas emissions in the US go back to the Clean Air Act and nowadays the new presidency tries to drastically expand infrastructure and renewable energy spending. The European Union has set the benchmark with its ambitious European renewable Deal Climate which aims for climate neutrality by 2050 and includes extensive carbon tax, power transformations and pollution regulations.
The National Action Plan on Climate Change of India comprises eight missions, one of which is the promotion of solar energy and enhanced sustainable agriculture, hence dealing with both adaptation and mitigation concerns. On the other hand, the world’s largest polluter, China, has vowed to reach its carbon dioxide emissions peak before 2030 and work towards a carbon neutral economy by 2060, by embarking on more renewable energy projects and putting more stringent limits on emissions. New challenges, on the other hand, are presented by the Paris Agreement to the countries of the world. It is an international treaty matrix signed by all the states with a collective obligation to limit an increase in temperature to below two degrees Celsius, and preferably limit that increase to 1.5 degrees.
Nationally Determined Contributions (NDCs), that describe the steps a country will take to mitigate greenhouse gas emissions and adapt to climate change impacts, are to be presented. Here, Technology is becoming a big part because countries are putting a lot of emphasis on green technology such as smart grids, carbon capture and storage, electric cars and other technologies. In addition, outreach campaigns and education are very vital in engendering a sustainable culture and encouraging people to internalise the need to reduce their carbon footprints.2
THE FUTURE OF ENVIRONMENTAL LEGISLATIONS : EMERGING TRENDS AND PREDICTIONS
A multitude of new trends and forecasts is likely to shape environmental legislation in the future. One such trend growing for political risk management is climate change litigation, which entails people and other entities using either governmental or business entities for failure to take action on this burning issue. It is likely that this trend will persist and more likely result in a number of changes in the system both in terms of laws and policy. Another major trend is the digitization of environmental legislation. The use of technologies like drones, satellites and remote sensors to measure, report and verify compliance with environmental regulations is transforming the monitoring and enforcement of environmental standards.
Also, digital platforms are enhancing accountability and transparency by making it possible for people to engage in processes that involve making decisions regarding the environment. The growing significance of environmental justice in environmental laws and regulations is appreciated now more than ever. The purpose of this movement is to reduce the negative impact of environmental degradation on poor regions by ensuring that all individuals can attain clean air and water. Moreover, the circular economy and sustainable development which focus on minimization of waste and reusing and recycling of resources are gaining traction. It is expected that environmental legislation as well as policies will puzzle in this approach more and more. The treaties and other collaborations, such as the Paris Accord, will be crucial in resolving the environmental challenges of the globe. In order to achieve similar climate targets, countries will very likely increase their commitments and cooperate more with each other. 3
CONCLUSION
There is no doubt that environmental law is at the centre of solving the current ecological crisis. It has evolved tremendously in order to cope with the complex issues all around pollution, loss of biodiversity, and climate changes. Environmental regulations consist of legislation, bilateral or multilateral treaties, and the implementation of advanced technologies to mitigate negative impacts on the environment while ensuring development. In the future, it is expected that environmental policy will focus mainly on integrating environmental justice, promoting global partnerships, and enhancing enforcement policy. With the intensification of the crisis, the emergence of robust legal infrastructure, and the need for preventative measures, becomes more worrying. The end result is to protect the environment and ensure impregnability for the future generations. 4
AUTHOR: VIDHI KAPOOR
2) https://www.cambridge.org/core/journals/transnational-environmental-law/article/global-environmental-law-con text-and-theory-challenge-and promise/D434DB0ADBF550383765154B1D807DCE
3) https://tspace.library.utoronto.ca/bitstream/1807/88297/1/Brunnee%20Sources%20of%20International.pdf
4) https://link.springer.com/chapter/10.1007/978-94-6265-587-4_3
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