The environmental rule of law is distinguished from the broader concept of the rule of law primarily by its emphasis on environmental governance. While the rule of law in general pertains to the adherence to laws, their process, and upholding justice, the environmental rule of law incorporates unique features specific to environmental governance. It serves to create an integrated framework consisting of conceptual, procedural, and institutional tools to address environmental protection.
This specialized version of the rule of law acknowledges the necessity of a multidisciplinary approach for the analysis of environmental issues, such as carbon footprints, and promotes a shared understanding between scientific, regulatory, and policy perspectives. It goes beyond jurisdictional confines to address global challenges like environmental degradation, climate change, and habitat destruction, promoting sustainable development and principles such as the polluter pays principle.
Moreover, the environmental rule of law seeks to involve all stakeholders, not just legal professionals, in formulating strategies for contemporary ecological challenges. It recognizes the interconnectedness of nature, where environmental conditions in one region impact others globally. It aims to understand these connections to devise solutions critical for human survival.
Ultimately, this nuanced emphasis on environmental governance differentiates the environmental rule of law by fostering an integrated approach to addressing and understanding the global environmental challenges that transcend local, state, and national boundaries.
The primary objective of the environmental rule of law is to enhance understanding of environmental challenges. This is articulated through its conceptual, procedural, and institutional tools that structure discussions around environmental protection. Here are the key points:
Additionally, it goes beyond local jurisdictions, addressing global environmental impacts and the intricate symbiotic relationships that exist within ecosystems, emphasizing the need to comprehend these connections for the sustainable future of humanity and the planet.
The Constitution of India originally did not have specific provisions related to the environment. However, with growing awareness about environmental issues, the need to address and incorporate environmental protection into the Constitution was recognized. The amendments that introduced specific provisions for environmental protection are:
Both of these articles were incorporated by the 42nd Amendment Act, 1976. This amendment is significant because it marked the formal recognition of environmental issues in the framework of legal governance in India, and laid down the foundation for a structured approach to environmental protection and improvement.
The concept of the 'Environmental rule of Law' found its first major recognition in the international arena through the UNEP’s Governing Council Decision 279, 2013. This forum highlighted the unique characteristics of environmental governance, emphasizing the creation of conceptual, procedural, and institutional tools to address environmental challenges. The environmental rule of law provides a framework that spans beyond legal boundaries, incorporating insights from science, policymaking, and regulatory domains. It stresses the integrated and indivisible nature of environmental elements, asserting that the state of the environment in one area affects the entirety of the planet. Thus, its recognition in UNEP’s Governing Council Decision not only legitimized its importance but also highlighted the need for a cross-disciplinary approach to tackle environmental issues including climate change, habitat destruction, and more, considering the impact of human actions across local, state, and national boundaries.