INSIGHTS ON SCOPE AND LIMITATIONS OF ENVIRONMENTAL REGULATIONS IN INDIA AND INTERNATIONAL DISCOURSE

Abstract

In the words of Mahatma Gandhi “we should act as trustees and use natural resources wisely as it is our moral responsibility to ensure that we bequeath to the future generations a healthy planet.” 

The maxim sic utere tuo ut alieum laedas means to enjoy your property without injuring your neighbour. According to this maxim every state has a right to exploit their resources the way they want but it does not have a right to transfer the burden of exploiting its resources onto other nations in terms of transboundary pollution, nuisance etc. International Law on Climate Change is a very comprehensive culmination of instruments, conventions, treaties, conferences, reports and legislations. The present situation of climate change is very alarming, sudden changes in weather conditions, extreme heat or cold, recurring natural disasters. The main causes of serious risk created to human beings, flora and fauna and the earth are continuous growth of population; unbridled exploitation of natural resources, demand of new technological innovation. One of the most controversial debate surrounding it is that of development which is an inevitable part of the society, it should be done keeping in view of not causing adverse effect on the environment.Development without environment is a short term goal, hence development should be sustainable but history has been an evidence of unsustainable pattern of development especially when transformation of developing countries was done, from agricultural to industrial economy. Due to overexploitation of the environment its regenerative capacity was done away with. The ever-increasing population has also posed too much pressure on the environment. Only when environment causes an adverse effect on us do we tend to think about ways to protect and preserve it. It is high time to recognize the concept that environment as an entity and it should also have a right to be protected and conserved.