Formulation And Implementation Of National Laws On The Basis Of International Law - Case Study Of Environment Protection Laws

Abstract

International Laws impact the formulation and implementation of National and Local Laws. The world woke to the negative impact of industrialization on the environment by the middle of the 20th century. But it took nearly half a century for the whole world to agree to Kyoto Protocol, 1998, and promulgate legislation for environmental protection at the national and local levels. As per the Indian Constitution, environmental protection is envisaged in Art 21 (Fundamental Right) and Art 48(A) (Directive Principle), and India made several Laws and Acts for environmental protection but it was only by 1997 that a National Environment Authority Act was passed to enforce the laws effectively. It was in 2002 that Biological Diversity Protection Act was passed. Various courts have passed laws from time to time in line with International Laws and commitments of the country to international forums for making such laws effective. Several principles have been devised to interpret such laws and enforce them. However, some problems still continue in such cases. This paper traces the evolution of National Laws and Acts for Environment Protection in India, and impact of International Laws and Protocols in the same.