The principal environmental engineering specialties are air- quality control, water supply, wastewater disposal, storm water management, solid-waste management, and 146 hazardous-waste management. Other specialties include industrial hygiene, noise control, oceanography, and radiology.
Air-quality control The term air pollution is used to describe the presence in the atmosphere of one or more contaminants in quantities, and with characteristics, that will be injurious to, or unreasonably interfere with, public health and welfare or other natural environmental processes. The extent of air- pollution problems ranges from relatively small areas, such as an industrial park impacted by one or more emission sources, to urban areas impacted by a number of contaminant sources.
Contaminants are categorized as particulate matter and gases and their associated forms, including dust, smoke, fumes, mist, and vapor. The primary gaseous air contaminants are carbon monoxide, hydrocarbons, nitrogen oxides, and sulfur oxides.
Meteorological and topographical factors contribute to the creation and continuation of air pollution under specific site conditions. Temperature inversions prevent upward diffusion, and very low wind speeds allow emissions to remain near their source. Some terrains cause emissions to follow specific patterns from one area to another.
Generally, sources of air contaminants may be classified as stationary, mobile, or fugitive. Respectively, they are attributed to point sources such as industrial stack emissions, transportation activities such as automobile emissions, and uncontrolled (fugitive) sources such as windblown dusts from stockpiles.
147 The environmental engineer is instrumental in developing particulate and gas controls for all sources of air contaminants. Source control is the first abatement method considered. Controls for particulates include settling chambers, inertial separators, wet scrubbers, and fabric filters. Gas controls include absorption, absorption, condensation, flaring, and incineration. Other areas of practice address acid rain issues, fugitive emissions, odor control, indoor air quality, and noise abatement.
Indoor air quality is of increasing concern for health officials and the public. Industrial hygienists and various engineering disciplines are instrumental in identifying and controlling indoor air pollution. Environmental engineering principle can be used in technical assessments for identifying air pollutants and selecting source controls.
Indoor air quality control measures are very source-specific. The basic abatement strategies are source control, ventilation improvements, and air cleaners. Typically, source control is the most cost-effective abatement measure. See AIR POLLUTION; AIR POLLUTION, INDOOR.
Environmental geology The branch of geology that deals with the ways in which geology affects people. Examples of the effect of geology on human civilizations include (1) the ways that fertile soils develop from rocks and how these soils can become polluted by human activities; (2) how rocks and soils move down-slope to destroy roads, houses, and other human construction; (3) sources of surface and subsurface water supplies and how they become polluted; (4) why floods occur where they do and how human activities affect floods; (5) locations of earthquakes and volcanic eruptions and the dangers they pose; (6) location of mineral resource such as copper, oil and 148 gas, and uranium, and how mining these resources can pollute the environment; (7) how human activities can pollute the atmosphere and cause global warming, sea-level rise, and ozone depletion.
Soil Most environmental concerns center on three materials essential to human life: soil, water, and air. Soils develop from chemical reactions between rocks, water, and atmospheric gases such as oxygen and carbon dioxide. The most abundant solid product of these reactions is a variety of clay minerals, which are major contributors to agricultural fertility. Ions on clay surfaces and decaying organic matter are the sources of nutrient elements for growing plants. Clay minerals are also responsible for destructive events, such as when they absorb water and cause soil to swell, resulting in foundation cracking and other structural problems in buildings. Changes in clay minerals as they lie in the soil are also the cause of many types of landslides. See CLAY MINERALS; SOIL.
The major environmental problems affecting soil are erosion and pollution. Almost half of American farmland is losing fertile topsoil faster than it can be formed. Most of the erosion results from poor farming practices and overzealous logging. Which deplete the soil of plants and root systems that hold the soil in place. Most soil pollution is caused by synthetic chemical pesticides which not only kill the pests but also are absorbed by plants, which are then eaten by people and other animals. See EROSION; SOIL CONSERVATION.
Water The amount of water on the Earth's surface is constant and more than enough to supply human needs. Water problems 149 are generally concerned with local supply and its pollution. Serious water shortages in the United States occur in many western states because of increasing populations, as in Phoenix, Las Vegas, and Los Angeles.
In areas where surface water supplies are inadequate, fresh water can commonly be obtained from underground sources. The water occurs in the open spaces between the grains in sedimentary rocks and has accumulated in the rocks over many thousands of years. When this water is withdrawn faster than it is naturally replenished by rain-and snowfall, the underground supply can become seriously depleted, as is occurring today in many western cities. Such depletion is also a serious problem in the heavily irrigated agricultural areas of the central United States, because most irrigation water is drawn from subsurface supplies. Removal of subsurface water can also result in ground subsidence, a serious problem in central California, Houston, and New Orleans. See GROUND-WATER HYDROLOGY.
Pollution. Most water pollution problems in the United States are caused by synthetic organic compounds and heavy elements released in wastewater discharges, many by the military as well as by chemical plants. Oil refineries are also major polluters. Other sources of pollution include leaking sanitary landfills, pesticides in runoff from farms, and mixtures of sulfuric acid and cyanide from mining operations. See HAZARDOUS WASTE; WATER POLLUTION.
Hazardous waste water can be disposed of by underground injection, incineration, evaporation from open pits, or export to other areas. The most common domestic method is underground injection, but because the underground geology is inadequately known, liquid hazardous waste injected deep underground has seeped into underground water supplies in about half the states. About 20% of hazardous waste is 150 incinerated, but the Environmental Protection Agency (EPA) estimates that 60% could be disposed of by this safer method. Incineration is more expensive than subsurface disposal, however. Disposal by evaporation from surface impoundments is very unsafe and has caused ground-water contamination in about three-quarters of the 50 states.
Floods. Floods are the most commonly experienced natural calamities and are the cause of about 60% of declared disasters. Flooding may be caused by hurricanes from the ocean or excessive water from landward areas. Hurricanes cannot be controlled, and the value of property destroyed by them has increased considerably over time because of people's desire to live near the seashore. Loss of life has decreased, however, because of improved forecasting and early warning. Flooding resulting from excessive rain on the land surface has been exacerbated by the human desire to live near river channels, to pave land surfaces and increase the rate of runoff, and to denude hill slopes by excessive logging. Without vegetation and porous soil, the rate of runoff of rainwater is increased and river channels cannot hold all the water they receive. The massive flooding in central China in 1998 was attributed to the stripping of vegetation over large areas.
Atmosphere Concerns about air quality revolve around increases in the amount of carbon dioxide, decreases in the amount of ozone 10-20 mi above the surface, and pollution of the air that sustains life in the lower atmosphere. Increasing carbon dioxide levels result largely from the burning of coal and oil, the main sources of energy in industrial societies. The amount of carbon dioxide in the air has increased by nearly 30% during the past 150 years. Carbon dioxide absorbs radiation from the Earth's surface and has caused a 151 measurable increase in global temperatures (greenhouse effect); this global warming may in turn result in rising sea levels (from melting glaciers), endangering coastal communities over the long term. See GREENHOUSE EFFECT.
The concentration of ozone in the stratosphere absorbs most of the Sun's ultraviolet (UV) radiation, thus protecting people from excessive skin cancers, damaged immune system, and other maladies. The thickness of the ozone layer has decreased significantly during the past 50 years because of the release to the atmosphere of chlorofluorocarbons (CFCs) which now nearly stopped worldwide, but the ozone layer will not restore itself completely for about another 50 years.
Noxious gases and particulates in the air result largely from combustion of coal and oil in automobiles and factories. It is the cause of many lung problems and premature deaths in industrial countries. See AIR POLLUTION.
Applied ecology is that branch of ecology dealing with practical problems of immediate social importance. Ecology is often confused in the minds of laypersons with the environmental movement, a social interest group concerned with environmental degradation and problems of resource supply to human societies. Applied ecology makes a fundamental contribution to those social and political concerns by identifying environmental problems, gaging their significance, and suggesting potential solutions. Among the environmental issues to which ecology had made an important contribution have been problems of population growth and resource supply, acid rain, eutrophication, consequences of pollution, biological control of crop pests, range management, forestry, and the ecological consequences of nuclear war. From T.R. Mathus's essay on human population growth to recent scientific evaluations of nuclear 152 war, ecology has always been concerned with problems that are important to the affairs of humans.
51. Their Lordships of Hon. Apex Court have repeatedly held that mining operation is hazardous in nature. It impairs the ecology and people's right to natural resources. The entire process of setting up and functioning of a mining operation requires utmost good faith and honesty on the part of the intending entrepreneur. A balance has to be struck.
52. The mining activities have largely affected the local surface drainage as well as the groundwater conditions in area. It has come on record that private respondents have started mining activities in the Forest areas. The ground water condition has been disturbed. The entire area is geo- dynamically sensitive and ecologically fragile. The mountain environment is entirely different from other environments. The State should adopt positive environmental economics. State should also promote the positive environmental values by education, debates etc. The essential objectives of all provisions relating to waste disposal must be protection of human health and the environment against harmful effects caused by the collection, transport, treatment, storage and tipping of waste. The human health and environment is harmed by the illegal unscientific mining. The Dust, Chemicals spills, harmful fumes, heavy metals and radiation etc. can poison workers and cause life-long health problems. The heavy lifting can lead to injuries to the arms, legs and back. The use of jackhammers or other vibrating machinery etc. can cause damage to nerves and blood circulation. The loud, constant noise from mining activities may cause hearing problems. Vision can also be affected. In case the mining operation is carrying out in hot conditions, it can cause weakness. The dust may cause damage to lungs and develop other health diseases like as heart disease, lung 153 cancer, pneumonia and asthma. Workers should be provided materials to protect from breathing dust. State Government should ensure that in the mining operation, necessary protection to the workers from the dust be provided. The mining operations contaminate the water, surface water and ground water for centuries together. The mining operation must ensure that there is no leakage into the ground water by way of spilling. First Aid must be made available to the people. It is the duty of the State to teach and trained the workers about the mining dangers. The focus should be on sustainable mining instead of haphazard mining. The mining activity has a strong impact on environment in the exploration, construction and exploitation steps. Mining as noticed leads to erosion. The erosion of land should be controlled at the early stages since it results in land sliding. The erosion may result in loading of sediments to nearby water bodies. The mining impacts on air quality. The mining also impacts flora and fauna. The survival of wildlife species can depend on soil conditions, local climate, altitude and other features of the local habitat. Direct and indirect damage to wildlife is caused by mining. Similarly, human life is also affected since streams, lakes and rivers are contaminated. Unscientific and irregular mining has also impacts public health.
53. "In the north, there stands Himalaya the kind of the mountains, having a divine soul. It exists like a measuring rod of earth, having reached the eastern and western seas. - Kalidas (Kumara-sambhava)."
54. The Nobel Prize laureate and poet, Rabindranath Tagore, in his book Tapovan, has explained the importance of nature as under :-
154 "Indian civilisation has been distinctive in locating its source of regeneration, material and intellectual, in the forest, not the city. India's best ideas have come when human beings were in communion with treas. Indian thinkers were surrounded by and linked to the life of the forest, and the intimate relationship between human life and living nature became the source of their knowledge."
55. In one of the articles contained in "The Secret Abode of Fireflies, Loving and Losing Spaces of Nature in the City", the importance of trees is explained in article "Foresters without Diplomas" written by Sri Wangari Muta Maathai (Kenyan Environmentalist and Nobel Peace Winner-2004) as under :-
"We could see Mount Kenya from my house, and I grew up hearing that God lives in Mount Kenya and all good things come from there. The clouds, the rains, the rivers in which I played with frogs' egg and tadpoles; they all start from there. And they said that sometimes Ngai likes to take a walk in the mountains and the forests. If anyone used their machetes to cut down trees, it was said that the trees would bleed.
'For my people, the fig tree is scared and when we were growing up it was everywhere. I would go collect firewood for our mother; she warned me, "Do not collect firewood from a fig tree. That is a tree of God. We don't cut it. We don't burn it. We don't use it for beauty. It must stand there." When we offer sacrifice, we do it under a fig tree, 'she shares, urging on a greater 155 awareness of how an awesome symmetry binds people to their land and to each other, her thoughts seamlessly flowing in and out of each other and her eyes, brilliant points, charging the mellow lighting and cream sophistication of the room. 'I am spiritually nurtured by the fact that what I am doing is in accordance with a spiritual constitution, a rhythm. For me, in the work that I do, it is a spiritual fulfillment, rather than a religious or dogmatic conviction. I was raised by people who were not detached from the land. We didn't have anything written, all our scriptures were oral, and they are embedded in me, although I went through Christian teaching and became a Catholic. But I do find that even in other scriptures, you come across a Garden of Eden or some engagement with nature. And there is much more to forests than trees; trees are only what we see, and there is so much we still don't understand,' she stresses.
Wangari continues with glorious concentration, 'One of the ways through which communities conserve their biodiversity and their resources is through culture, and I want to emphasis that for me culture is very important, very enriching, because culture influences who we are. Festivals, rituals and ceremonies are all a part of our culture as well, and can you imagine how much we conserved because we incorporated nature into our festivals, into our religions, into our dances, into our songs, into our symbols, into our stories? And they define who we are. When they are destroyed, our environment too is destroyed. Any very often when we forget who we are, we lose all our wonderful associations, our values that we've brought from the past generations.
156 Once this gets translated into resources, it is converted into money...but in life everything is not money!' her voices rises, indignant, exasperated.
'To a very large extent, I think, globalization is a threat to the environment in countries that are not developed industrially, in countries that are poor, because these countries are looking towards globalization as an answer, and believe that corporations will get them out of poverty. Very often, these corporations simply do business, take their profits and go- leaving their problems behind. I want to say to them that unless we can appreciate that the planet is very small, that part of the problem is that you think you are doing something to a distant person, a different part of the world. But it will eventually come back to you. We must expand our concept of home, to make sure we see beyond our individual countries. The very first astronauts told us that they were overwhelmed by the fact that they could not see boundaries, and they felt a strong urge to come back home. Home was that small blue ball we've become familiar with on television, a small ball beyond borders. The whole planet is our concern, wherever we are. They are little things we can do in our lives, we can listen, we can consume less, because this is the only home we have, and we should leave it clean and green for future generations.
'And maybe if I had been born a man, all this would never have struck me,' she says next, looking over to her younger sister who is grinning. She talks about how she arrived at some realizations, 'It happened partly because I was a woman and partly because when I was in the National Council of Women. I started listening to 157 the women from the countryside and got interested in their issues of livelihood and their connection with the environment. The women from the countryside wanted clean drinking water, firewood, good, adequate nutritious food and they needed an income. I grew up! I realized that in the span of about 20 years, a lot of vegetation that I knew had been cleared to bring in cash crops, especially coffee and tea, and indigenous forests were being cleared to make way for forests of exotic species such as eucalyptus from Australia and the pines from the northern hemisphere. As a result, the rain patterns were changing; there was massive soil erosion, so the clean streams that I knew as a child were drying up. That, for me, was the awakening experience. 'So I told the women, "Listening to you, I recognize our environment is changing and I think we can do something about it. Let us plant trees."
56. In the same book in article captioned "Nature has Rights too" written by Vikram Soni & Sanjay Parikh, the rights of Nature have been explained, as under :-
"Human rights commissions are obligatory vigilantes in all democracies. Human rights are about inequities between one set of human beings and another. These range from usurping the sovereign rights of one nation by another more powerful one, to more local violations. They arise when the rich and powerful exploit the poor and disenfranchised. They reveal themselves in violence against women, violence against members of lower caste and creeds and other such instances. They are horrible acts and are often portrayed graphically.
158 Violations against nature can be equally appalling despite being viewed through the filter of 'environmental damage'. The Stockholm Declaration accepts the environment as part of basic human rights-the right to life itself.
The United Nations Millennium Report and the International Panel on Climate Change (IPCC) Reports both indicate that 60 per cent of earth's ecosystems are experiencing terminal loss. And the loss of these natural resources, whether of the Amazon forest, of sea life, elephants and tigers, rivers and lakes, glaciers or aquifers below the ground is strongly impacting human life.
Whereas human rights occupy centre stage and deal with human conflict, loss of natural resources threatens human survival itself. We must understand that the fundamental human rights on which human survival depends are Nature's rights.
Language is such a powerful medium of communication that it colours all our metaphors, beliefs and imagination. But language can also craft deception - it can wash over common sense and sensibility. This is the case in the present scenario of extreme material consumption powered by the global free market.
The seductive vision of development has become so pre-emptive that the few remaining original forests - our biodiversity treasury- are being destroyed to make way for huge mines or dams or lucrative real estate projects. And we attempt to balance the destruction with 159 'compensatory afforestation', words that suggest that whatever damage is being done can be undone or compensated by artificial plantation.
To the unschooled and unsuspecting, this would appear to be a fair trade-off for development. But it is like giving sanction to the insane national that it is all right to kill all wild tigers as long as we replace them by farming the same population in captivity. Can valuable natural biodiversity that has evolved over thousands of years ever be compensated? Such subterfuge finds acceptance by court and government and is often subsumed in the dangerous cliché 'sustainable development'. If sustainable development finishes off all our biodiversity, heritage and resources, is it admissible?
'Green buildings' is acceptable currency in the destruction of valuable heritage and resources. In the popular imagination, the word 'green' is so comforting that it clouds, the real loss, which is irreplaceable. So do modern terms like 'ecotourism' and 'ecofriendly development', where the prefix 'eco' works to trample the true value of the natural resource. Natural water resources are exploited by commercial building activities for short-term profits; and there's the magical phrase 'water harvesting'. Apart from depleting an irreplaceable natural resource like a deep underground aquifer or a flood plain, it is a well-kept secret that water harvesting saves no more than a fraction of the original resource.
We have to remove the hypocrisy of these 'green' clichés from our dictionary before such language seals our fate.
160 Having a law is one thing, ensuring its implementation is quite another. The precautionary principle has not been enforced, for example, on big projects like the Three Gorges dam on the Yangtze river in China, which has not been declared a disaster by the government. The Tehri dam on the Ganga, in a seismic Himalayan zone, and the Sardar Sarovar dam on the Narmada in India may follow suit.
Another notion is that poverty is itself a cause of pollution and that economic development will remove poverty and improve the environment. Poverty alleviation is often misused to justify development at the cost of environmental degradation. Let's see what is happening to people who have no link with the global economy but live simply amidst pure unpolluted streams, clean air and forests. The environment is what gives our lives a quality that cannot be bought, and they have preserved it this way. Their simple lifestyle is non-invasive. But now this basic and essential resource is being whittled away by big companies that acquire huge swathes of virgin land for mining or 'development', leaving these people mute and destitute.
In the present climate, when we have already loss over half our natural resources, it is evident that principles like ' the polluter pays', 'the precautionary principle' or 'sustainable development' do not work any more- we are well past and point of precaution - and must be changed to stop further damage to resources that cannot be created by man.
Instead, we must have a Nature's Rights Commission made up of concerned citizens and scientists whose integrity is above any political 161 and monetary affiliation. We only need a simple law that provides absolute protection to all valuable natural resources, be it forests, rivers, aquifers or lakes. The law could be a public trust doctrine, which has its basis in the ancient belief that Nature's laws impose certain conditions on human conduct in its relationship with Nature. There is a precedent for this. The Israeli parliament- the Knesset - has set up the Israeli Commission for Future Generations as an inner- parliamentary entity. Its charter is to safeguard valuable natural heritage and natural resources. Its role is to oversee each legislative process, with special regard to long-term issues, and to prevent potentially damaging legislation from passage in the Knesset. This Commission has been given the authority to initiate bills that advance the interests of future generations. There is a historical precedent as well. Under Byzantine law, the concept of jus gentium, a law for all people and nations, was developed to protect Nature's resources. Later, this led to the Public Trust Doctrine in the Magna Carta of the thirteenth century. More recently, the Water Framework Directive of the European Union recognises natural water resources as a protected heritage."
57. In the same book article captioned "Under the Banyan Tree" written by Devdutt Pattanaik, the importance of trees under Indian Mythology has been explained as under :-
"Trees are sacred in India, and are often associated with a god or a godless. Some Scholars believe that it is the tree that was worshipped first; perhaps for its medicinal or symbolic purpose, and that the gods and goddesses came later. That may be the case, but today, trees are an integral part of a deity's symbolism. The mango 162 tree, for example is associated with the Love God Kama, the tulsi plant is dear to Vishnu, bilva is associated with Shiva worship, blades of dhruva grass are offered to Ganesha, neem or margosa is sacred to the Mother Goddess, coconut and banana are associated with Lakshim.
The bayan tree is associated with Yama, the God of Death, and the tree is often planted outside the village near crematoriums. It is believed to be the abode of ghosts. Vetals and pisachas are supposed to hang from its many branches.
Indians knew that banyan tree as the vata vriksha. When the British came to India, they notices that members of the trading or Bania community gathered under a large shady fig tree, which they named the banyan, from Bania. Technically, Ficus bengalensis, the banyan, belongs to the fig family. There are various types of fig trees all over the world and some of these are sacred. The most popular one is the Ficus religiosa, or the peepul which became especially popular in the Buddhist times, because it was under this tree that Gautama Siddhartha of the Sakya clan attained enlightenment. It was the leaves of a fig tree that Adam and Eve used to cover their nakedness in Eden after they were tempted to eat the forbidden fruit by Satan.
The banyan tree does not let a blade of grass blow under it. Thus, it does not allow for any rebirth and renewal. While the banyan offers shade from the sun, it offers no food. That is why it is not part of fertility ceremonies like marriage and childbirth, where food-giving, rapidly renewing plants with a short lifespan such as banana, mango, coconut, betal, rice and even grass are included.
163 Marriage and rebirth are rites of passage; they represent major shifts in life. They are all about instability and flux; the banyan tree is the very opposite. It is stable and constant. It has a long lifespan, and hence seems immortal. Its roots descend from the branches and then anchor the tree to the ground, transforming into trunks eventually, so that decades later, it is difficult to distinguish root from stem.
Things that evolve the notion of immortality become auspicious in India; for example, the immoral mountain, the immortal sea, the immortal diamond and indestructible ash. This is because since ancient times, Indian seers were acutely aware of the transitory nature of things around us. Everything dies-every plant, every animal, even moments die; the present becomes the past in an instant. In an ever changing world, we seek constancy and permanence. The banyan tree is therefore worthy of veneration. It is evergreen and shady, hence an eternal refuge for all creatures unable to bear the vagaries of life.
Thus it emerges that in Indian though, there are two types of sacredness-one that is associated with impermanent material reality, and the other, which is associated with permanent spiritual reality. The banana and the coconut fit into the previous category; the banyan fits into the latter. Banana is the symbol of flesh, constantly dying and renewing itself. Banyan is the soul-never needing to renew itself. The banyan is the botanical equivalent of the hermit.
Just as a hermit cannot raise a family, a banyan tree cannot support a household. It represents not the material aspiration of a people; it represents the spiritual aspiration. The banyan 164 tree is said to be immortal; it is akshaya, that which survives parlaya, the destruction of the whole world.
The Mahabharata tells the story of a woman called Savitri, who lost her husband as destined one year after her marriage near a banyan tree.  In the memory of the event, Hindu women circle the banyan tree, tying seven stings around it. This is imitative magic; by symbolically going around the immortal tree, the women are binding immortality into their married lives. They are securing the lives of their husbands, the pillars of their households. They are protecting themselves from widowhood, which is believed by most Hindus to be the worst fate for a woman.
Under the banyan tree sat the sages of India
- those who rejected the flesh and the material world and aspired for the soul alone. This was the favourite tree of the sadhu, the wandering hermit. The greatest of hermits, Shiva, was often represented in its shade as stone called the Lingam. Being an ascetic, Shiva was not part of the village; he was a hermit, not a householder; he did not fear ghosts and so was comfortable staying in the shade of this immortal, never dying, and never renewing plant.
In iconography, Shiva is visualized as Dakhshinamurti, he who faces the South-South being the direction of death and change. He sits under the banyan tree, the botanical embodiment of the universal soul, facing the terror of death and change stoically, unafraid, because of his profound understanding of the world. At his feet 165 sit sages who are recipients of Shiva's wisdom. In South Indian temples, Shiva's south facing form, under the banyan tree, is placed on the south facing wall of the temple. Like Shiva, Vishnu is also a form of God. But Vishnu is not associated with the banyan tree, perhaps because Vishnu is that aspect of God, which more associated with change. He goes with the flow- this attitude is called leela or playfulness- he does not fear change. Vishnu is therefore associated with the fragrant tulsi plant, or with flowering plants like champa and Kadamba. But there is one time when Vishnu is associated with the banyan tree. It is during the end of the world, when flood waters rise and dissolve all things. Sage Markandeya, who had a terrifying vision of this event, saw Vishnu as a baby lying on the leaf of banyan tree, cradled by the deadly waves. This form of Vishnu is called Vatapatra-Shayin, he who rests on the banyan leaf. The image is rich in symbols; the whole world may seem transitory, like the waves of the ocean, but all life can renew itself, as a baby replaces the older generation, because divine grace represented by Vishnu is eternal, like a banyan leaf."
58. Learned authors; T.S. Rana, Bhaskar Datt & R.R. Rao, in the article on Biodiversity in the Alpine Himalaya: Strategies for Conservation and Ecodevelopment which contained in High Altitudes of the Himalaya-II (Biodiversity, Ecology & Environment) have mentioned that the alpine zone in the Himalaya constitutes a unique habitat and has contributed to great biological diversity, particularly in the flora of India. In fact the alpine Himalayan Zone is a warehouse of biodiversity, botanical curiosity and valuable medicinal herbs. The conservation of its biodiversity particularly species which are in immediate danger of 166 extinction is a great challenge for all conservation biologists of 21st century. The Himalayan chain consists of the complex system of three parallel ranges of tertiary mountains namely
(i) Great Himalaya or Trans Himalaya (average elevation 6000m), (ii) Lesser Himalaya or Middle Himalaya (average elevation 4500m) and (iii) Outer Himalaya or Siwalik ranges (up to 1200m), rising between the Indian Peninsula and Central Asia as a young system of mountains stretching over nearly 3000 Km. almost from the borders of Afghanistan in the west to the north of Myanmar in the east with altitude ranging from few hundred to over 8000 m.
59. Learned authors have described the alpine zone, alpine forests, alpine scrubs, alpine meadows and Phytogeographical considerations are as under : -
The alpine zone Alpine zone in the Himalaya is that section, which lies immediately above the tree line and below the snow line. Generally, the lower part of the alpine zone is a summer grazing ground, with meadows bright with alpine flowers and the upper parts have a high alpine flora with species adapted to withstand the extremes of cold and desiccation (Polunin & Staintion, 1984). As started above, on account of the wide ranging climatic conditions at different latitudes and altitudes of the Himalaya, the demarcation of the alpine zone by altitude alone in the entire Himalayan belt is not possible because variation in alpine flora depends on local environment.
The western Himalayan ranges differ from their eastern counterparts in greater breadth and length, higher latitude, scanty rainfall, heavy snowfall and cool, dry climate. This marked difference in the humidity and quality of vegetation in eastern and western Himalayan is evident by the fact that the tree line in the western Himalaya is ca 3600 m as compared to eastern Himalayan where the tree line extends to ca 4600 m. The eastern Himalaya is more evenly than the western Himalaya. The degree of precipitation is 167 due to the abruptly rising hills that directly confront the moisture laden clouds blowing from the Bay of Bengal. The high humidity is conducive for the tree growth, and therefore, the timber line or the upper limit of tree zone goes up to 4600 m compared to 3600 m in western Himalaya. The vegetation of the alpine zone is normally devoid of any tree growth, except for the stunted bushes and shrubs scattered among the characteristic cushion-forming or matted plants and colourful herbs, most of which are seasonal.
Although the species composition in the alpine belt is more or less same in the entire Himalaya, the density and frequency of the species vary considerably in the eastern and western sectors. Also, certain species are strictly endemic either to the alpine belt as a whole or confined to western or eastern sectors. The alpine belt in the western sector is more dominant and composed of open rolling grassy meadows termed as "bugyals" in Garhwal and Kumaon and "margs" in Kashmir.
The alpine vegetation in not very dense but is a store house of numerous colourful herbs many of them being valued medicinal plants like Aconitum heterophyllum (Atees), A. ferox (Bish), Saussurea constus (Kuth), Dactylorhiza hatagirea (Salam panja), Ephedra gerardiana (Somlata), Gentiana kurroo (Karu), Picrorhiza kurrooa (Kutki), Nardostachys jatamansi (Jatamansi), Podophyllum hexandrum (Papra), Rheum emodi (Dolu), Berberis spp. and others. The alpine vegetation of the Himalaya can be broadly discussed under:
1. Alpine forests The alpine forests in the western Himalaya are dominated by Betula utilis, Pinus wallichiana, and Rhododendron campanulatum, which are all scattered and stunted. These forests are generally seen on rocks, ridges and other similar situations. The shrubby and herbaceous components of these forests are almost the same as noticed in the temperate zone. In the eastern sector, only dominant species is Abies densa associated with Betula utilis and rarely Juniperus wallichiana.
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2. Alpine scrubs Alpine scrubs are chiefly met with on rocks, ridges and stony slopes and generally appear above the tree limit and in similar habitats, ascending almost up to 4200 m. The chief shrubby components are Berberis jaeschkeana, Myricaria elegans, Lonicera asperifolia, L. Hypoleuca, L. semenovii, L. spinosa, Salix flagellaris, S. lindleyana, S. pychnostachya, Rhododendron anthopogon, R. lepidotum, Juniperus indica, J. recurva and J. communis. Areas where adequate water is available, the Rhododendron are frequently seen along with the species of Berberis, Lonicera and few others. In drier inner valleys, species like Rosa webbiana, Cotoneaster pruinosus, C. microphyllus, C. gilgitensis, Caragana versicolor, C. brevifolia, C. gerardiana and Cassiope fastigiata and Ephedra gerardiana are common. The herbaceous elements among these alpine scrubs are species of Artemisia, Astragalus. Androsace, Anemone, Aster, Gentiana, Geranium, Mysotis, Oxytropis, Potentilla, Ranunculus, Saxifraga, Sedum, Epilobium, Eritrichium, Primula, Thalictrum and several members of Brassicaceae and Poaceae.
3. Alpine meadows The alpine meadows or alpine pastures the most fascinating areas which support unique plant species. These alpine meadows form a lush carpet in some localities and are the picturesque beauty of high lofty snow peaks. Such typical alpine meadows can be found in the "Valley of Flowers", Bishtola, Baidni, Bajmora, Lakshmiban (Garhwal) and Joharpatti (Kumaon) in the western sectos. Typical alpine meadows are not common in east Himalaya.
In the eastern sector, the alpine meadows are confined only to small pockets on hill tops surrounded by dense vegetation as one can find in Arunachal Pradesh and Sikkim. At certain places the meadows are replaced by glacial moraines, which also possess a similar type of floristic composition. Most of the alpine herbs have annual aerial parts, but perennial underground rhizomes, 169 rootstocks and stems covered and protected by layers of leaf-bushes and scales. The distribution pattern of these alpine meadows is largely determined by the local edaphic and climatic conditions. The common herbaceous elements of the alpine meadows are Aconitum violaceum, Adonis aestivalis, himalaica, Arabis tibetica, Arnebia euchroma, Artemisia gmelinii, Aster flaccidus, var. maximowiczii, Delphinium brunonianum, D. vestitum, Dracocephalum heterophyllum, Erigeron multiradiatus, Gernium collinum, Lagotis cashmiriana, L. kunawurensis, Lomatogonium carinthiacum, Oxygraphis endlicheri, Picrorhiza kurrooa, Rheum spiciforme, Stellaria cherleriae, Swertia petiolata, Tanacetum himachalensis, Thalictrum alpinum, Trachydium roylei, Trollius acaulis, Waldheimia glabra, W. tomentosa and species of Juncus, Lactuca, Pedicularis, Polygonum, Potentilla, Primula, Ranunculus, Rhodiola, Saxifraga, Saussurea and Senecio. Most of the alpine plants have very colouful flowers much larger in size compared to the size of the plant. This could be one of the adaptations for ensuring the insect pollination, where the insect population is scarce.
Grasses and sedges are also common in the alpine meadows, the prominent of these are Bromus gracillimus, B. inermis, Carex cruenta, C. infuscate, C. nivalis, C. obscura, Dactylis glomerata, Elymus nutans, Festuca kashmiriana, Kobresia pamiroalaica, K. pygmaea, Pennisetum lanatum, Phleum alpinum, Poa alpine, P. tibetica, Trisetum spicatum, etc. The alpine marshes, along banks and similar marshy habitats support a numbe of characteristic marshy plants such as Pinguicula alpine, Juncus leucomelas, Caltha palustris and various colourful species of Primula, Corydalis, Pedicularis and Polygonum.
At the higher limits of alpine zone which are exposed to server cold, only characteristic cushion- forming species typical of cold desert are found. Some such species form soft cushion e.g. species of Androsace, Draba, Saxifraga, Sedum and Paraquilegia, while other species like Acantholimon, Arenaria, Coaragana, Astragalus 170 and Thylacospermum are rigid mat forming. The most curious of alpine flowering plants are the woolly species of Asteraceae e.g. Saussurea gossypiphora, S. obvallata, S. simpsoniana, S. graminifolia, Soroseris glomerata and species of Tussilago and Leontopodiuim. Saussurea gossypiphora and S. graminifolia commonly referred to as "Snow ball" plants are unique alpine species which look like snow ball due to the dense, white hairs which cover the entire plant and protect from severe cold wind and snow and maintains warmth inside the head even if outside temperature falls. The pollination biology of these species form a very interesting strategy. Bees' and flies take shelter in the warmth and at the same time pollinate the flowers. There is yet another interesting group of 'hot house' plants like Rheum nobile and Saussurea obvallata which have their inflorescences sheltered by leafy bracts that can be compared to glasses of a 'hot house'. The flower open inside the bracts, where insects also take shelter for warmth and at the same time pollinate the flower.
Phytogeographical considerations The Himalaya defines the geographical boundary of India in the north and also influences the monsoon rainfall and the climate of India as a whole. The Himalayan uplift contributed to the shaping of the biogeogarphical characters of India (Mani, 1978). It is presumed that the Himalayan mountains had their own flora even before the Pleistocene epoch. The intermittent warm periods during the Himalayan glaciations to some extent protected the species from total extinction. The glaciations did not affect much the foothills with result the vegetation of the lower belt was not altered. Migration of floras through new corridors of mountain chains, survival of relicts, adaptive radiation of species complexes in new ecological niches, evolution of new species by an intermixing of different flora and by mutation had a role in determining the present day composition and distribution of alpine flora (Rau, 1975).
The Himalaya forms the southern fringe of palaearctic Realm. The alpine zone represents the Turkemenian subregion in the west and 171 Manchurian (Siberian-Mongolian) subregion in the extreme east. Good (1964) placed the Himalaya under the Sino- Himalayan, Tibetan mountain province of the Sino-Japanese region of Boreal Kingdom. Gaussen (1933) and many other considered Himalaya as a sort of phytogeoraphic barrier for many of the Asiatic elements. Mani (1978) considered the defile of the river Sutlej being the landmark in the Himalayan biogeography. He presented a gradual transition from east to west sector of the Himalaya. The geologic welding of Gondwana and Asiatic landmass led to the exchange of flora and fauna resulting in the biogeographic complexity. The flora of the Tertiary mountains of south China, Indo- China, Thailand and Malaya intruded westward, along the rising Himalaya. The continued uplift of the Himalaya has led to evolution of lowland steppe elements into temperate and alpine forms of Turkemenian subregion.
A study of the alpine flora of western Himalaya shows that a large number of species like Nepeta tibetica, Elsholtzia densa, Rimula tibetica, P. ellitica, Onosma hispidus, Tanacetum fruticulosum of the lower alpine belt in the Garhwal-Kumaon sector and eastwards appear to have come from Tibet, W. China and adjoining northeast Asia. The northwestern sector of the Himalaya has been subjected to considerable influence from the adjoining floristically rich areas of Karakoram, Pamir and further north in the Tien Shan range of mountains. Some species of these regions which are today common in N.W. Himalaya are Arctium lappa, Thalictrum alpinum, Astragalus coluteocarpus, Sibbaldia cuneata, Bupleurum falcate var. gracillimum and species of Potentilla, Geraninum, Nepeta, Thermopsis, Danthonia, Rosa, Galium, Draba, Cousinia, Lagotis, Silene, Saussurea, Taraxacum, Perovskia, Fritillaria, Oxygraphis etc., Stern (1960) considered similarity of Himalayan flora with those of China. Chinese mountains being much older than Himalaya have contributed to the present day Himalayan flora. His studies have revealed various possibilities regarding the entry of floristic elements into the alpine Himalaya from the north, west and east Asia. In the eastern 172 Himalaya a large number of elements intrude from Indo-China subregion while some Malayan elements are also visible. According to Ohba (1988) it is quite probable that the Himalayan flora had open intercourse with those of the arctic region via the east and west margins of the highland, particularly in ages of climatic fluctuation. According to him the "Central Asiatic Corridor" favours an important pass for the migration of the flora between the arctic regions and the Himalaya as well as E. Tibet and S. W. China. The floristic connection of the Himalaya through this corridor is supported by the distribution pattern and the presence of common or corresponding species with arctic region. Such species are Acantholimon lycopodioides, Eremurus himalaicus, Physochlaina praealta, Caragana versicolor, C. brevifolia, Nepeta supine, Epilobium latifolium, Minuartia biflora and Saxifraga oppositifolia.
A number of European or Eurasian elements have got introduced through the human influences. These are Cerastium glomeratum, Thlaspi arvensis, Achillea millefolium, Verbascum thapsus, Juncus bufonicus, J. articulates, Geranium pusillum, etc. It is also assumed that the ancestors of some of the species which have only a scattered distribution at present may have flourished extensively during the major Himalayan uplift but later, due to competition or other adverse climatic conditions, most of them might have perished leaving behind only scattered distribution. While some of the species like Thlaspi andersonii, Chorispora sabulosa, Beibersteinia odora, Chritolea himalayensis, Heracleum thomsonii, Cremanthodium nanum and others have a restricted distribution being found only in western Himalaya or in adjacent Tibet, there are others like, Thalictrum alpinum, Ranunculus hyperboreus, R. pygmaeus, Potentilla multifida, Saxifraga flagellaris, Sedum rosea, Oxyria digyna, 173 Triglochin palustre and several others which enjoy a world - wide distribution in both the alpine and arctic locations. Some species like Thylacospermum rupifragum, Cicer soongaricum, Physochlaina praealta, and Lamium rhomboideum extend northwards to the central Asian highlands. Senecio coronopifolius, Nepeta supine and a few others are distributed westwards to Afghanistan, Iran and the Caucasus. There are many species distributed all along the Himalaya from west to east. Gueldenstaedtia himalaica, Astragalus strictus, Saussurea leontodontoides, Cicerbita macrorhiza, Picrorhiza kurrooa and other are in this category. Aletris pauciflora, Anemone rupicola and A. vitifolia are among the species which are found in west China and also throughout the Himalaya as far as west of Kashmir.
Endemism The Himalayan mountains are one of the active centres of endemic species. Although there is no correct assessment of the endemic flora in the alpine zone, one can fairly guess that ca 50% of the endemic plants of the Himalaya occur in the alpine or subalpine zones. The high rate of endemism in the alpine zone, particularly in largest and diversified genera is quite remarkable and is an indication of active evolution (speciation) as well as considerable degree of isolation. It is observed that majority of these endemics are neoendemics of apparently recent origin with close relatives in the alpine zone itself, in the lowland vegetation of the Himalaya and also in the region around the central Asiatic highland (ohba, 1988).
60. Learned authors have also highlighted about endangered species and their conservation which is as under:-
Endangered species and their conservation Although a number of alpine species have high adaptive value and can successfully survive 174 and multiply in prevailing adverse ecological conditions, some species perhaps because of low level of genetic diversity in them, are unable to survive the competition with other vegetation. Such species have become endangered. In other words, the endangered species are those whose reproductive capacity is far lower than the number of plants eliminated from the habitat due to natural or anthropogenic factors. This consequently leads to the decline in number and size of populations. Although species disappearance attracts wide publicity and attention, the loss of genetic diversity due to extinction of population is least studies. The decrease in the size and number of populations under a given species has deleterious effect on their breeding structure, genetic and evolutionary dynamics, all of which form the focal point o concern in conservation biology (Falk & Horsinger, 1991; Harper, 1977; Barret & Kohn, 1991, Karron, 1991). In small and isolated populations, genetic drift operates and this results in the loss of variations which ultimately reduces the ability of populations to adapt to changing environmental conditions and to increase their susceptibility against pests and diseases and are thus prone to extinction (Hamilton, 1982).
To decide a species as endangered is not an easy talk, but requires very elaborate field assessments. Customarily, if a species is not represented by more collections from different localities in a herbarium, such a species is determined as rare and this may not always be correct. Sometimes if a species is collected after a gap of 25 to 50 years or more than also it is concluded as an endangered species. While partly it could be true, certain ephemeral species such as species of Thermopsis, Primula, Saxifraga, Sedum, Gentiana etc., complete their life cycle in a short period and die off, likely to be missed by botanists exploring the area. Hence, not collecting a plant for several decades may not always conclude in species as endangered.
All the endangered plants are certainly rare but not all rare plants are endangered. For example several sparsely distributed alpine plants like some species of Saussurea, Impatiens, 175 Primula, Corydalis, Thalictrum, Saxifraga, etc. have developed ecological adaptations to persistence in small populations showing natural rarity and are genetically stable. On other hand, there are some rare species which were supposed to be widespread at one time have now undergone a rapid decline due to anthropogenic factors (anthropogenic rarity), for example Aconitum heterophyllum, Dactylorhiza hatagirea, Alpinia galangal, Coptis teeta, Nardostachys grandiflora, Podophyllum hexandrum, Panax pseudo-ginseng, Picrorhiza kurrooa, Dioscorea deltoidea, Angelica glauca, Allium stracheyi, etc. These aspects require very extensive filed investigations before one can decide a species endangered or not. According to the minimum viable population concept (Schaffer, 1981) a minimum of 50 individuals are recommended for maintenance of the population. A species with less than 50 individuals is certainly critically endangered.
In the Himalaya, due to natural (such as landslides, glaciations, earthquakes, lack of pollination and regeneration etc.) and man- made (such as over-exploitation, destruction of habitats, etc.) factors the alpine bioresources are under varying degrees of threat. It is no wonder that today many of the valuable plants like Podophyllum hexandrum, Nardostachys grandiflora, Aconitum spp., Picrorhiza kurrooa, Saussurea lappa and Dactylorhiza hatagirea are not found in large populations in their natural habitats. Once the species gets fragmented and the demography of the population is altered, the genetic diversity that is essential for sustaining the species also get eroded. Steps should, therefore, be taken to ensure that their genetic diversity is not lost.
Conservation and management of an endangered species requires rather very extensive and frequent field surveys throughout the distribution range of a particular species, which is certainly time consuming, expensive and difficult. A large number of species so far listed from the alpine zone of the Himalaya are based on the scrutiny of herbaria. Therefore, what is urgently required is the assessment of status of individual species in its natural habitat.
176 For long term conservation and management of any species, its genetics and demography i.e. population dynamics is crucial. In case of Eremostachys superb the solitary population near Mohand in Siwaliks of Uttar Pradesh is so small and isolated. A strong genetic drift has set in and this results in loss and variation in the species. Another consequence of low population structure is the occurrence of inbreeding resulting in loss of fitness (inbreeding depression). Therefore, we have to think of strategies that increase the genetic diversity in rare species - say bringing together geographically isolated populations. This again requires extensive surveys to find out the distribution of various populations of a given endangered species. The reproductive biology of endangered species is another aspect of study which is almost neglected. Preservation of the habitat alone as attempted in most cases may not ensure the long term conservation of endangered species.
In situ conservation is the best method for protecting the delicate populations of endangered species. In a situation where several endangered species grow within a few hectare or sq km the whole area should be protected. The occurrence of several endemic species in a particular area also indicates the potential of that area as a centre of speciation and evolution. Furthermore, when an endangered species grows in pure population of fewer or more individuals or in association with other vegetation, it is necessary to establish a sanctuary for the individual species as for e.g. Rhododendron sanctuary in Sikkim.
Wide publicity regarding the critical nature of the species among the local people is also necessary. The local people should be involved in every effort of conserving species in its habitat.
The Botanical Survey of India has listed 625 species in the three 'Red Data Books' (Nayar & Sastry, 1987 1988 &1990). Nearly 214 species of flowering plants of the Himalaya (including alpine zones) are endangered. Out of them nearly 37 need priority attention. Most of them are in commerce as herbal drugs of repute. The monitoring of these species in the Himalayan region is not yet attempted. This involves the study of populations during different seasons over a period of time for finding out the adaptive ability of a particular species to its natural habitat. Where required, overgrowth of other surrounding species 177 need to be controlled to keep the population of endangered species to a level that is can sustain itself. As collection of certain endangered species with high medicinal value offers economic subsistence to the inhabitants of the Himalaya, there is an urgent need to mass multiply them through seeds, clonal propagation and tissue culture, so that biodiversity of the region is not diminished.
61. The UN Conference on the Human Environment was held from 5 to 16 June, 1972 at Stockholm. It was convened pursuant to UN General Assembly Resolution 2398 of 3 December, 1968, on a proposal from Sweden. Delegates from 113 States attended the Conference, representing most of the UN membership with the exception of the USSR. Stockholm Declaration of the United Nations Conference on the Human Environment contained book titles as 'Documents in International Environmental Law, Second Edition" reads as under :-
" Proclaims that :
1. Man is both creature and moulder of his environment, which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth. In the long and tortuous evolution of the human race on this planet a stage has been reached when, through the rapid acceleration of science and technology, man has acquired the power to transform his environment in countless ways and on an unprecedented scale. Both aspects of man's environments, the natural and the man-made, are essential to his well being and to the enjoyment of basic human rights - even the right to life itself.
2. The protection and improvement of the human environment is a major issue, which affects the well-being of peoples and economic development throughout the world; it is the urgent desire of the peoples of the whole world and the duty of all Governments.
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3. Man has constantly to sum up experience and to on discovering, inventing, creating and advancing. In our time, man's capability to transform his surroundings, if used wisely, can bring to all peoples the benefits of development and the opportunity to enhance the quality of lie. Wrongly or heedlessly applied, the same power can do incalculable harm to human beings and the human environment. We see around us growing evidence of man-made harm in many regions of the earth: dangerous levels of pollution in water, air, earth and living beings; manor and undesirable disturbances to the ecological balance of the biosphere; destruction and depletion of irreplaceable resources; and gross deficiencies, harmful to the physical, mental and social health of man, in the man-made environment, particularly in the living and working environment.
4. In the developing countries most of the environmental problems are caused by under- development. Millions continue to live far below the minimum levels required for a decent human existence, deprived of adequate food and clothing, shelter and education, health and sanitation. Therefore, the developing countries must direct their efforts to development, bearing in mind their priorities and the need to safeguard and improve the environment. For the same purpose, the industrialized countries should make efforts to reduce the gap between themselves and the developing countries. In the industrialized countries, environment problems are generally related to industrialization and technological development.
5. The natural growth of population continuously presents problems for the preservation of the environment, and adequate policies and measure should be adopted, as appropriate, to face these problems. Of all things in the world, people are the most precious. It is the people that propel social progress, create social wealth, develop science and technology and, through their hard work, continuously transform the human environment. Along with social progress and the advance of production, science and 179 technology, the capability of man to improve the environment increases with each passing day.
6. A point has been reached in history when we must shape our actions throughout the world with a more prudent care for their environmental consequences. Through ignorance or indifference we can do massive and irreversible harm to the earthly environment on which our life and well being depend. Conversely, through fuller knowledge and wiser action, we can achieve for ourselves and our posterity a better life in an environment more in keeping with human needs and hopes. There are broad vistas for the enhancement of environmental quality and the creation of a good life. What is needed is an enthusiastic but calm state of mind and intense but orderly work. For the purpose of attaining freedom in the world of nature, man must use knowledge to build, in collaboration with nature, a better environment. To defend and improve the human environment for present and future generations has become an imperative goal for mankind-a goal to be pursued together with, and in harmony with, the established and fundamental goals of peace and of worldwide economic and social development.
7. To achieve this environmental goal will demand the acceptance of responsibility by citizens and communities and by enterprises and institutions at every level, all sharing equitably in common efforts. Individuals in all walks of life as well as organizations in many fields, by their values and the sum of their actions, will shape the world environment of the future. Local and national governments will bear the greatest burden for large-scale environmental policy and action within their jurisdictions. International cooperation is also needed in order to raise resources to support the developing countries in carrying out their responsibilities in this field. A growing class of environmental problems, because they are regional or global in extent or because they affect the common international realm, will require extensive cooperation among nations and action by international organizations in 180 the common interest. The Conference call upon Governments and peoples to exert common efforts for the preservation and improvement of the human environment, for the benefit of all the people and for their posterity.
II Principles States the common conviction that:
Principle 1 Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well being, and he bears a solemn responsibility to protect and improve the environment for present and future generations. In this respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression and foreign domination stand condemned and must be eliminated.
Principle 2 The natural resources of the earth, including the air, water, land, flora and fauna and especially representative samples of natural ecosystems, must be safeguarded for the benefit of present and future generations through careful planning or management, as appropriate.
Principle 3 The capacity of the earth to produce vital renewable resources must be maintained and, wherever practicable, restored or improved.
Principle 4 Man has a special responsibility to safeguard and wisely manage the heritage of wildlife and its habitat, which are now gravely imperiled by a combination of adverse factors. Nature conservation, including wildlife, must therefore receive importance in planning for economic development.
181 Principle 5 The non-renewable resources of the earth must be employed in such a way as to guard against the danger of their future exhaustion and to ensure that benefits from such employment are shared by all mankind.
Principle 6 The discharge of toxic substances or of other substance and the release of heat, in such quantities or concentrations as to exceed the capacity of the environment to render them harmless, must be halted in order to ensure that serious or irreversible damage is not inflicted upon ecosystems. The just struggle of the peoples of ill countries against pollution should be supported.
Principle 7 States shall take all possible steps to prevent pollution of the seas by substances that are liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea.
Principle 8 Economic and social development is essential for ensuring a favorable living and working environment for man and for creating conditions on earth that are necessary for the improvement of the quality of life.
Principle 9 Environmental deficiencies generated by the conditions of underdevelopment and natural disasters pose grave problems and can best be remedied by accelerated development through the transfer of substantial quantities of financial and technological assistance as a supplement to the domestic effort of the developing countries and such timely assistance as may be required.
Principle 10 For the developing countries, stability of prices and adequate earnings for primary 182 commodities and raw materials are essential to environmental management, since economic factors as well as ecological processes must be taken into account.
Principle 11 The environmental policies of all States should enhance and not adversely affect the present or future development potential of developing countries, nor should they hamper the attainment of better living conditions for all, and appropriate steps should be taken by States and international organizations with a view to reaching agreement on meeting the possible national and international economic consequences resulting from the application of environmental measures.
Principle 12 Resources should be made available to preserve and improve the environment, taking into account the circumstances and particular requirements of developing countries and any costs which may emanate from their incorporating environment safeguards into their development planning and the need for making available to them, upon their request, additional international technical and financial assistance for this purpose.
Principle 13 In order to achieve a more rational management of resources and thus to improve the environment, States should adopt an integrated and coordinated approach to their development planning so as to ensure that development is compatible with the need to protect and improve environment for the benefit of their population.
Principle 14 Rational planning constitutes an essential tool for reconciling any conflict between the needs of development and the need to protect and improve the environment.
183 Principle 15 Planning must be applied to human settlements and urbanization with a view to avoiding adverse effects on the environment and obtaining maximum social, economic and environmental benefits for all. In this respect projects which are designed for colonialist and racist domination must be abandoned.
Principle 16 Demographic policies which are without prejudice to basic human rights and which are deemed appropriate by Governments concerned should be applied in those regions where the rate of population growth or excessive population concentrations are likely to have adverse effects on the environment or development, or where low population density may prevent improvement of the human environment and impede development.
Principle 17 Appropriate national institutions must be entrusted with the task of planning, managing or controlling the environmental resources of States with a view to enhancing environmental quality.
Principle 18 Science and technology, as part their contribution to economic and social development, must be applied to the identification, avoidance and control of environmental risks and the solution of environmental problems and for the common good of mankind.
Principle 19 Education in environmental matters, for the younger generations as well as adults, giving due consideration to the underprivileged, is essential in order to broaden the basis for an enlightened opinion and responsible conduct by individuals, enterprises and communities in protecting and improving the environment in its full human dimension. It is also essential that mass media of communications avoid contributing to the deterioration of the 184 environment, but, on the contrary, disseminate information of an educational nature on the need to protect and improve the environment in order to enable man to developing every respect.
Principle 20 Scientific research and development in the context of environmental problems, both national and multinational, must be promoted in all countries, especially the developing countries. In this connection, the free flow of up-to-date scientific information and transfer of experience must be supported and assisted, to facilitate the solution of environmental problems; environmental technologies should be made available to developing countries on terms which would encourage their wide dissemination without constituting an economic burden on the developing countries.
Principle 21 States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
Principle 22 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 States to areas beyond their jurisdiction.
Principle 23 Without prejudice to such criteria as may be agreed upon by the international community, or to standards which will have to be determined nationally, it will be essential in all cases to consider the systems of values prevailing in each country, and the extent of the applicability of standards which are valid 185 for the most advanced countries but which may be inappropriate and of unwarranted social cost for the developing countries.
Principle 24 International matters concerning the protection and improvement of the environment should be handled in a cooperative spirit by all countries, big or small, on an equal footing. Co-operation through multilateral or bilateral arrangements or other appropriate means is essential to effectively control, prevent, reduce and eliminate adverse environmental effects resulting from activities conducted in all spheres, in such a way that due account is taken of the sovereignty and interests of all States.
Principle 25 States shall ensure that international organizations play a coordinated, efficient and dynamic role for the protection and improvement of the environment.
Principle 26 Man and his environment must be spared the effects of nuclear weapons and all other means of mass destruction. States must strive to reach prompt agreement, in the relevant international organs, on the elimination and complete destruction of such weapons.
62. The world charter for Nature sought to have its guiding principles given effect through National legislation and international practice. These principles include respect for nature, safeguarding of habitats necessary to maintain sufficient population levels for the survival of all life forms, protection of unique areas, representative samples of all ecosystems and of habitats of rare or endangered species.
63. UN General Assembly Resolution 37/7 passed on a World Charter for Nature, 28.10.1982 reads as under :-
186 "Annex"
World Charter for Nature* The General Assembly, Reaffirming the fundamental purposes of the United Nations, in particular the maintenance of international peace and security, the development of friendly relations among nations and the achievement of international co-operation in solving international problems of an economic, social, cultural, technical, intellectual or humanitarian character, Aware that:
(a) Mankind is a part of nature, and life depends on the uninterrupted functioning of natural systems which ensure the supply of energy and nutrients,
(b) Civilization is rooted in nature, which has shaped human culture and influenced all artistic and scientific achievement, and living in harmony with nature gives man the best opportunities for the development of his creativity, and for rest and recreation, Convinced that:
(a) Every form of life is unique, warranting respect regardless of its worth to man, and to accord other organisms such recognition, man must be guided by a moral code of action,
(b) Man can alter nature and exhaust natural resources by his action or its consequences and, therefore, must fully recognize the urgency of maintaining the stability and quality of nature and of conserving natural resources.
Persuaded that:
(a) Lasting benefits from nature depend upon the maintenance of essential ecological processes and life support systems, and upon the diversity of life forms, which are jeopardized through excessive exploitation and habitat destruction by man, 187
(b) The degradation of natural systems owing to excessive consumption and misuse of natural resources, as well as to failure to establish an appropriate economic order among peoples and among States, leads to the breakdown of the economic, social and political framework of civilization,
(c) Competition for scarce resources creates conflicts, whereas the conservation of nature and natural resources contributes to justice and the maintenance of peace and cannot be achieved until mankind learns to live in peace and to forsake war and armaments, Reaffirming that man must acquire the knowledge to maintain and enhance his ability to use natural resources in manner which ensures the preservation of the species and ecosystems for the benefit of present and future generations, Firmly convinced of the need for appropriate measures, at the national and international, individual and collective, and private and public levels, to protect nature and promote international co-operation in this field, Adopts, to these ends, the present World Charter for Nature, which proclaims the following principles of conservation by which all human conduct affecting nature is to be guided and judged.
I. General principles
1. Nature shall be respected and its essential processes shall not be impaired.
2. The genetic viability on the earth shall not be compromised; the population levels of all life forms, wild and domesticated, must be at least sufficient for their survival, and to this end necessary habitats shall be safeguarded.
3. All areas of the earth, both land and sea, shall be subject to these principles of conservation; special protection shall be given to unique areas, to representative samples of the different types of ecosystems and to the habitats of rare or endangered species.
4.Ecosystems and organisms, as well as the land, marine and atmospheric resource that are utilized by man, shall be managed to achieve and maintain 188 optimum sustainable productivity, but not in such a way as to endanger the integrity of those other ecosystems or species with which they coexist.
5. Nature shall be secured against degradation caused by warfare or other hostile activities.
II. Functions
6. In the decision-making process it shall be recognized that man's needs can be met only be met only by ensuring the proper functioning of natural systems and by respecting the principles set forth in the present Charter.
7. In the planning and implementation of social and economic development activities, due account shall be taken of the fact that the conservation of nature is an integral part of those activities.
8. In formulating long-term plans for economic development, population growth and the improvement of standards of living, due account shall be taken of the long-term capacity of natural systems to ensure the subsistence and settlement of the populations concerned, recognizing that this capacity may be enhanced through science and technology.
9. The allocation of areas of the earth to various uses shall be planned, and due account shall be taken of the physical constraints, the biological productivity and diversity and the natural beauty of the areas concerned.
10. Natural resources shall not be wasted, but used with a restraint appropriate to the principles set forth in the present Charter, in accordance with the following rules:
(a) Living resources shall not be utilized in excess of their natural capacity for regeneration;
(b) The productivity of soils shall be maintained or enhanced through measures which safeguard their long-term fertility and the process of organic decomposition, and prevent erosion and all other forms of degradations;
(c) Resources, including water, which are not consumed as they are used shall be reused or recycled;
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(d) Non-renewable resources which are consumed as they are used shall be exploited with restraint, taking into account their abundance, the rational possibilities of converting them for consumption, and the compatibility of their exploitation with the functioning of natural systems.
11. Activities which might have an impact on nature shall be controlled, and the best available technologies that minimize significant risks to nature or other adverse effects shall be used; in particular:
(a) Activities which are likely to cause irreversible damage to nature shall be avoided;
(b) Activities which are likely to pose a significant risk to nature shall be preceded by an exhaustive examination, their proponents shall demonstrate that expected benefits outweigh potential damage to nature, and where potential adverse effects are not fully understood, the activities should not proceed;
(c) Activities which may disturb nature shall be preceded by assessment of their consequences, and environmental impact studies of development projects shall be conducted sufficiently in advance, and if they are to be undertaken, such activities shall be planned and carried out so as to minimize potential adverse effects;
(d) Agriculture, grazing, forestry and fisheries practices shall be adapted to the natural characteristics and constraints of given areas;
(e) Areas degraded by human activities shall be rehabilitated for purposes in accord with their natural potential and compatible with the well- being of affected populations.
12. Discharge of pollutants into natural systems shall be avoided and:
(a) Where this is not feasible, such pollutants shall be treated at the source, using the best practicable means available;
(b) Special precautions shall be taken to prevent discharge of radioactive or toxic wastes.
13. Measures intended to prevent, control or limit natural disasters, infestations and diseases shall 190 be specifically directed to the causes of these scourges and shall avoid adverse side-effects on nature."
64. United Nations Conference on Environment and Development also known as Rio de Janeiro Declaration or Earth Summit was held in the year 1992. The Rio Declaration comprises 27 principles which set out the basis upon which states and people are to co-operate and further develop international law in the field of sustainable development. Declaration reads as under :-
Preamble The United Nations Conference on Environment and Development, Having met at Rio de Janeiro from 3 to 14 June 1992, Reaffirming the Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm on 16 June 1972, and seeking to build upon it, with the goal of establishing a new and equitable global partnership through the creation of new levels of cooperation among States, key sectors of societies and people, Working towards international agreements which respect the interests of all and protect the integrity of the global environmental and developmental system, Recognizing the integral and interdependent nature of the Earth, our home, Proclaims that:
Principle 1 Human beings are at the centre of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature.
Principle 2 States have, in accordance with the Charter of the United National and the principles of international law, the sovereign right to exploit 191 their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
Principle 3 The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations.
Principle 4 In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.
Principle 5 All States and all people shall cooperate in the essential task of eradication poverty as an indispensable requirement for sustainable development, in order to decrease the disparities in standards of living and better meet the needs of the majority of the people of the world.
Principle 6 The special situation and needs of developing countries, particularly the least developed and those most environmentally vulnerable, shall be given special priority. International actions in the field of environment and development should also address the interests and needs of all countries.
Principle 7 States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth's ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit to sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command.
192 Principle 8 To achieve sustainable development and a higher quality of life for all people, States should reduce and eliminate unsustainable patterns of production and consumption and promote appropriate demographic policies.
Principle 9 States should cooperate to strengthen endogenous capacity-building for sustainable development by improving scientific understanding through exchanges of scientific and technological knowledge, and by enhancing the development, adaptation, diffusion and transfer of technologies, including new and innovative technologies.
Principle 10 Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.
Principle 11 States shall enact effective environmental legislation. Environmental standards, management objectives and priorities should reflect the environmental and development context to which they apply. Standards applied by some countries may be inappropriate and of unwarranted economic and social cost to other countries, in particular developing countries.
Principle 12 States should cooperate to promote a supportive and open international economic system that would lead to economic growth and sustainable development in all countries, to better address the problems of environmental degradation.
193 Trade policy measures for environmental purposes should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. Unilateral actions to deal with environmental challenges outside the jurisdiction of the importing country should be avoided. Environmental measures addressing transboundary or global environmental problems should, as far as possible, be based on an international consensus.
Principle 13 States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage. States shall also cooperate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their jurisdiction or control to areas beyond their jurisdiction.
Principle 14 States should effectively cooperate to discourage or prevent the relocation and transfer to other States of any activities and substances that cause severe environmental degradation or are found to be harmful to human health.
Principle 15 In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
Principle 16 National authorities should endeavour to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment.
194 Principle 17 Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority.
Principle 18 States shall immediately notify other States of any natural disasters or other emergencies that are likely to produce sudden harmful effects on the environment of those States. Every effort shall be made by the international community to help States so afflicted.
Principle 19 States shall provide prior and timely notification and relevant information to potentially affected States on activities that may have a significant adverse transboundary environmental effect and shall consult with those States at an early stage and in good faith.
Principle 20 Women have a vital role in environmental management and development. Their full participation is therefore essential to achieve sustainable development.
Principle 21 The creativity, ideals and courage of the youth of the world should be mobilized to forge a global partnership in order to achieve sustainable development and ensure a better future for all.
Principle 22 Indigenous people and their communities and other local communities have a vital role in environmental management and development because of their knowledge and traditional practices. States should recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development.
195 Principle 23 The environment and natural resources of people under oppression, domination and occupation shall be protected.
Principle 24 Warfare is inherently destructive of sustainable development. States shall therefore respect international law providing protection for the environment in times of armed conflict and cooperate in its further development, as necessary.
Principle 25 Peace, development and environmental protection are interdependent and indivisible.
Principle 26 States shall resolve all their environmental disputes peacefully and by appropriate means in accordance with the Charter of the United National.
Principle 27 States and people shall cooperate in good faith and in a spirit of partnership in the fulfillment of the principles embodies in this Declaration and in the further development of international law in the field of sustainable development.
65. The Article 2 of the Kyoto Declaration made in December, 1997, reads as under :-
(a) Implement and/or further elaborate policies and measures in accordance with its national circumstances, such as:
(i) Enhancement of energy efficiency in relevant sectors of the national economy;
(ii) Protection and enhancement of sinks and reservoirs of greenhouse gases not controlled by the Montreal Protocol, taking into account 196 its commitments under relevant international environmental agreements; promotion of sustainable forest management practices, afforestation and reforestation;
(iii) Promotion of sustainable forms of agriculture in light of climate change considerations;
(iv) Research on, and promotion, development and increased use of, new and renewable forms of energy, of carbon dioxide sequestration technologies and of advanced and innovative environmentally sound technologies;
(v) Progressive reduction or phasing out of market imperfections, fiscal incentives, tax and duty exemptions and subsidies in all greenhouse gas emitting sectors that run counter to the objective of the Convention and application of market instruments;
(vi) Encouragement of appropriate reforms in relevant sectors aimed at promoting policies and measures which limit or reduce emissions of greenhouse gases not controlled by the Montreal Protocol;
(vii) Measures to limit and/or reduce emissions of greenhouse gases not controlled by the Montreal Protocol in the transport sector;
(viii) Limitation and/or reduction of methane emissions through recovery and use in waste management, as well as in the production, transport and distribution of energy."
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66. The convention on International Trade in Endangered Species of Wild Fauna and Flora was held on 03.03.1973 to recognize that international co-operation is essential for the protection of certain species of wild fauna and flora against over-exploitation through international trade. The articles on convention on International Trade in Endangered Species of Wild Fauna and Flora contained in the book titled as "Documents in International Environmental Law which read as under :-
"Convention on International Trade in Endangered Species of Wild Fauna and Flora The Contracting States, Recognizing that wild fauna and flora in their many beautiful and varied forms are an irreplaceable part of the natural systems of the earth which must be protected for this and the generations to come;
Conscious of the ever-growing value of wild fauna and flora from aesthetic, scientific, cultural, recreational and economic points of view;
Recognizing that peoples and States are and should be the best protectors of their own wild fauna and flora;
Recognizing, in addition, that international co- operation is essential for the protection of certain species of wild fauna and flora against over- exploitation through international trade;
Convinced of the urgency of taking appropriate measures to this end;
Have agreed as follows:
Article I Definitions For the purpose of the present Convention, unless the context otherwise requires:
(a) 'Species' means any species subspecies, or geographically separate population thereof;
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(b) 'Specimen' means:
(i) any animal or plant, whether alive or dead;
(ii) in the case of an animal: for species included in Appendices I and II, any readily recognizable part or derivative thereof; and for species included in Appendix III, in relation to the species; and
(iii) in the case of a plant: for species included in Appendix I, and readily recognizable part or derivative thereof; and for species included in Appendices II and III, any readily recognizable part or derivative thereof specified in Appendices II and III in relation to the species;
(c) 'Trade' means export, re-export, import and introduction from the sea;
(d) 'Re-export' means export of any specimen that has previously been imported;
(e) 'Introduction from the sea' means transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State;
(f) 'Scientific Authority' means a national scientific authority designated in accordance with Article IX;
(g) 'Management Authority' means a national management authority designated in accordance with Article IX;
(h) 'Party' means a State for which the present Convention has entered into force.
Article II Fundamental principles
1. Appendix I shall include all species threatened with extinction which are or may be affected by trade. Trade in specimens of these species must be subject to particularly strict regulation in order not to endanger further their survival and must only be authorized in exceptional circumstances.
2. Appendix II shall include:
(a) all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to 199 strict regulation in order to avoid utilization incompatible with their survival; and
(b) other species which must be subject to regulation in order that trade in specimens of certain species referred to in sub-paragraph (a) of this paragraph may be brought under effective control.
3. Appendix II shall include all species which any Party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the co- operation of other Parties in the control of trade.
4. The Parties shall not allow trade in specimens of species included in Appendices. I, II and III except in accordance with the provisions of the present Convention.
Article III Regulation of trade in specimens of species included in Appendix I
1. All trade in specimens of species included in Appendix I shall be in accordance with the provisions of this Article.
2. The export of any specimen of a species included in Appendix I shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:
(a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;
(b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora;
(c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and
(d) a Management Authority of the State of export is satisfied that m import permit has been granted for the specimen.
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3. The import of any specimen of a species included in Appendix I shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate. An import permit shall only be granted when the following conditions have been met:
(a) a Scientific Authority of the State of import has advised that the import will be for purposes which are not detrimental to the survival of the species involved;
(b) a Scientific Authority of the State of import is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and
(c) a Management Authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes.
4. The re-export of any specimen of a species included in Appendix I shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:
(a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention;
(b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and
(c) a Management Authority of the State of re-export is satisfied that an import permit has been granted for any living specimen.
5. The introduction from the sea of any specimen of a species included in Appendix I shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met:
(a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved;
(b) a Management Authority of the State of introduction is satisfied that the proposed recipient 201 of a living specimen is suitably equipped to house and care for it; and
(c) a Management Authority of the State of introduction is satisfied that the specimen is not to be used for primarily commercial purposes.
Article IV Regulation of trade in specimens of species included in Appendix II
1. All trade in specimens of species included in Appendix II shall be in accordance with the provisions of this Article.
2. The export of any specimen of a species included in Appendix II shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:
(a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species:
(b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and
(c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.
3. A Scientific Authority in each Party shall monitor both the export permits granted by that State for specimens of species included in Appendix II and the actual exports of such specimens. Whenever a Scientific Authority determines that the export of specimens of any such species should be limited in order to maintain that species throughout it range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix I, the Scientific Authority shall advise the appropriate Management Authority of suitable measures to be taken to limit the grant of export permits for specimens of that species.
4. The import of any specimen of a species included in Appendix II shall require the prior presentation of either an export permit or a re-export certificate.
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5. The re-export of any specimen of a species included in Appendix Ii shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:
(a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention; and
(b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.
6. The introduction from the sea of any specimen of a species included in Appendix II shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met:
(a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved; and
(b) a Management Authority of the State of introduction is satisfied that any living specimen will be so handled as to minimize the risk of injury, damage to health or cruel treatment.
7. Certificates referred to in paragraph 6 of this Article may be granted on the advice of a Scientific Authority, in consultation with other national scientific authorities or, when appropriate, international scientific authorities, in respect of periods not exceeding one year for total numbers of specimens to be introduced such periods.
Article V Regulation of trade in specimens of species included in Appendix III
1. All trade in specimens of species included in Appendix II shall be in accordance with the provisions of this Article.
2. The export of any specimen of a species included in Appendix III from any State which has included that species in Appendix III shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:
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(a) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and
(b) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.
3. The import of any specimen of a species included in Appendix III shall require, except in circumstances to which paragraph 4 of this Article applies, the prior presentation of a certificate of origin and, where the import is from a State which has included that species in Appendix III, an export permit.
4. In the case of re-export, a certificate granted by the Management Authority of the State of re-export that the specimen was processed in that State or is being re-exported shall be accepted by the State of import as evidence that the provisions of the present Convention have been complied with in respect of the specimen concerned.
Article VI Permits and certificates
1. Permits and certificates granted under the provisions of Articles III, IV, and V shall be in accordance with the provisions of this Article.
2. An export permit shall contain the information specified in the model set forth in Appendix IV, and may only be used for export within a period of six months from the date on which it was granted.
3. Each permit or certificate shall contain the title of the present Convention, the name and any identifying stamp of the Management Authority granting it and a control number assigned by the Management Authority.
4. Any copies of a permit or certificate issued by a Management Authority shall be clearly marked as copies only and no such copy may be used in place of the original, except to the extent endorsed thereon.
5. A separate permit or certificate shall be required for each consignment of specimens.
6. A Management Authority of the State of import of any specimen shall cancel and retain the export 204 permit or re-export certificate and any corresponding import permit presented in respect of the import of that specimen.
7. Where appropriate and feasible a Management Authority may affix a mark upon any specimen to assist in identifying the specimen. For these purposes 'mark' means any indelible imprint, lead seal or other suitable means of identifying a specimen, designed is such a way as to render its imitation by unauthorized persons as difficult as possible.
Article VII Exemptions and other special provisions relating to trade
1. The provisions of Articles III, IV and V shall not apply to the transit or transhipment of specimens through or in the territory of a Party while the specimens remain in Customs control.
2. Where a Management Authority of the State of export or re-export is satisfied that a specimen was acquired before the provisions of the present Convention applied to that specimen, the provisions of Articles III, IV and V shall not apply to that specimen where the Management Authority issues a certificate to that effect.
3. The provisions of Articles III, IV and V shall not apply to specimens that are personal or household effects. This exemption shall not apply where:
(a) in the case of specimens of a species included in Appendix I, they were acquired by the owner outside his State of usual residence, and are being imported into that State; or
(b) in the case of specimens of species included in Appendix II:
(i) they were acquired by the owner outside his State of usual residence and in a State where removal from the wild occurred;
(ii) they are being imported into the owner's State of usual residence; and
(iii) the State where removal from the wild occurred requires the prior grant of export permits before any export of such specimens;
205 Unless a Management Authority is satisfied that the specimens were acquired before the provisions of the present Convention applied to such specimens.
4. Specimens of an animal species included in Appendix I bred in captivity for commercial purposes, or of a plant species included in Appendix I artificially propagated for commercial purposes, shall be deemed to be specimens of species included in Appendix II.
5. Where a Management Authority of the State of export is satisfied that any specimen of an animal species was bred in captivity or any specimen of a plant species was artificially propagated, or is a part of such an animal or plant or was derived therefrom, a certificate by that Management Authority to the effect shall be accepted in lieu of any of the permits or certificates required under that provisions of Article III, IV or V.
6. The provisions of Articles III, IV and V shall not apply to the noncommercial loan, donation or exchange between scientists or scientific institutions registered by a Management Authority of their State, of herbarium specimens, other preserved, dried or embedded museum specimens, and live plant material carry a label issued or approved by a Management Authority.
7. A Management Authority of any State may waive the requirements of Articles III, IV and V and allow the movement without permits or certificates of specimens which from part of a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition provided that:
(a) the exporter or importer registers full details of such specimens with that Management Authority;
(b) the specimens are in either of the categories specified in paragraph 2 or 5 of this Article; and
(c) the Management Authority is satisfied that any living specimen will be so transported and cared for as to minimize risk of injury, damage to health or cruel treatment.
Article VIII Measures to be taken by the Parties 206
1. The Parties shall take appropriate measures to enforce provisions of the present Convention and to prohibit trade in specimens in violation thereof.
These shall include measures:
(a) to penalize trade in, or possession of, such specimens, or both; and
(b) to provide for the confiscation or return to the State of export of such specimens.
2. In addition to the measures taken under paragraph 1 of this Article, a Party may, when it deems it necessary, provide for any method of internal reimbursement for expenses incurred as a result of the confiscation of a specimen traded in violation of the measures taken in the application of the provisions of the present Convention.
3. As far as possible, the Parties shall ensure that specimens shall pass through any formalities required for trade with a minimum of delay. To facilitate such passage, a Party may designate ports of exit and ports of entry at which specimens must be presented for clearance. The Parties shall ensure further that all living specimens, during any period of transit, holding or shipment, are properly cared for so as to minimize the risk of injury, damage to health or cruel treatment.
4. Where a living specimen is confiscated as a result of measures referred to in paragraph 1 of this Article:
(a) the specimen shall be entrusted to a Management Authority of the State of confiscation;
(b) the Management Authority shall, after consultation with the State of export, return the specimen to that State at the expense of that State, or to a rescue centre or such other place as the Management Authority deems appropriate and consistent with the purposes of the present Convention:
(c) the Management Authority may obtain the advice of a Scientific Authority, or may, whenever it considers it desirable, consult the Secretariat in order to facilitate the decision under sub-paragraph
(b) of this paragraph, including the choice of a rescue centre or other place.
5. A rescue centre as referred to in paragraph 4 of this Article means an institution designated by a Management Authority to look after the welfare of 207 living specimens, particularly those that have been confiscated.
6. Each Party shall maintain records of trade in specimens of species included in Appendices I, II and III which shall cover:
(a) the names and addresses of exporters and importers; and
(b) the number and type of permits and certificates granted; the States with which such trade occurred; the numbers or quantities and types of specimens, name of species as included in Appendices I, II and III and, where applicable, the size and sex of the specimens in question.
7. Each Party shall prepare periodic reports on its implementation of the present Convention and shall transmit to the Secretariat:
(a) an annual report containing a summary of the information specified in sub-paragraph (b) of paragraph 6 of this Article; and
(a) a biennial report on legislative, regulatory and administrative measures taken to enforce the provisions of the present Convention.
8. The information referred to in paragraph 7 of this Article shall be available to the public where this is not inconsistent with the law of the Party concerned.
67. United Nations Conference on Environment and Development also known as Rio de Janeiro Declaration or Earth Summit has adopted non-legally Binding Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests. The preamble and principles are also contained in the book titled as "Documents in International Environmental Law which reads as under :-
"Preamble
(a) the subject of forests is related to the entire range of environmental and development issues and opportunities, including the right to socio- economic development on a sustainable basis.
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(b) the guiding objective of these principles is to contribute to the management, conservation and sustainable development of forests and to provided for their multiple and complementary functions and uses.
(c) Forestry issues and opportunities should be examined in a holistic and balanced manner within the overall context of environment and development, taking into consideration the multiple functions and uses of forests, including traditional uses, and the likely economic and social stress when these uses are constrained or restricted, as well as the potential for development that sustainable forest management can offer.
(d) These principles reflect a first global consensus on forests. In committing themselves to the prompt implementation of these principles, countries also decide to keep them under assessment for their adequacy with regard to further international cooperation on forest issues.
(e) These principles should apply to all types of forests, both natural and planted, in all geographical regions and climatic zones, including austral, boreal, sub-temperate, temperate, subtropical and tropical.
(f) All types of forests embody complex and unique ecological processes which are the basis for their present and potential capacity to provided resources to satisfy human needs as well as environmental values, and as such their sound management and conservation is of concern to the Governments of the countries to which they belong and are of value to local communities and to the environment as a whole.
(g) Forests are essential to economic development and the maintenance of all forms of life.
(h) Recognizing that the responsibility for forest management, conservation and sustainable development is in many States allocated among federal/national, state/provincial and local levels of government, each State, in accordance with its constitution and/or national legislation, should pursue these principles at the appropriate level of government.
209 Principles/elements
1.(a) 'States have, in accordance with the Charter of the United Nations and the principles of international law, sovereign right to exploit their own resources pursuant to their own environmental policies and have the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction'.
(b) The agreed full incremental cost of achieving benefits associated with forest conservation and sustainable development requires increased international cooperation and should be equitably shared by the international community.
2.(a) States have the sovereign and inalienable right to utilize, mange and develop their forests in accordance with their development needs and level of socio-economic development and on the basis of national policies consistent with sustainable development and legislation, including the conversion of such areas for other uses within the overall socio-economic development plan and based on rational land-use policies.
(b) Forest resources and forest lands should be sustainably managed to meet the social, economic, ecological, cultural and spiritual human needs of present and future generations. These needs are for forest products and services, such as wood and wood products, water, food, fodder, medicine, fuel, shelter, employment, recreation, habitats for wildlife, landscape diversity, carbon sinks and reservoirs, and for other forest products. Appropriate measures should be taken to protect forests against harmful effects of pollution, including air-borne pollution, fires, pests and diseases, in order to maintain their full multiple value.
(c) The provision of timely, reliable and accurate information on forests and forest ecosystems is essential for public understanding and informed decision-making and should be ensured.
(d) Governments should promote and provide opportunities for the participation of interested parties, including local communities and 210 indigenous people, industries, labour, non- governmental organizations and individuals, forest dwellers and women, in the development, implementation and planning of national forest policies.
3.(a) National policies and strategies should provide a framework for increased efforts, including the development and strengthening of institutions and programmes for the management, conservation and sustainable development of forests and forest lands.
(b) International institutional arrangements, building on those organizations and mechanisms already in existence, as appropriate, should facilitate international cooperation in the field of forests.
(c) All aspects of environmental protection and social and economic developments as they relate to forests and forest lands should be integrated and comprehensive.
4. The vital role of all types of forests in maintaining the ecological processes and balance at the local, national, regional and global levels through, inter alia, their role in protecting fragile ecosystems, watersheds and freshwater resources and as rich storehouses of biodiversity and biological resources and sources of genetic material for biotechnology products, as well as photosynthesis, should be recognized.
5.(a) National forest policies should recognize and duly support the identity, culture and the rights of indigenous people, their communities and other communities and forest dwellers. Appropriate conditions should be promoted for these groups to enable them to have an economic stake in forest use, performs economic activities, and achieve and maintain cultural identity and social organization, as well as adequate levels of livelihood and well- being, through, inter alia, those land tenure arrangements which serve as incentives for the sustainable management of forests.
(b) The full participation of women in all aspects of the management, conservation and sustainable development of forests should be actively promoted.
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6. (a) All types of forests play an important role in meeting energy requirements through the provision of a renewable source of bio-energy, particularly in developing countries, and the demands for fuelwood for household and industrial needs should be met through sustainable forest management, afforestation and reforestation. To this end, the potential contribution of plantations of both indigenous and introduced species for the provision of both fuel and industrial wood should be recognized.
(b) National policies and programmes should take into account the relationship, where it exists, between the conservation, management and sustainable development of forests and all aspects related to the production, consumption, recycling and/or final disposal of forest products.
(c) Decisions taken on the management, conservation and sustainable development of forest resources should benefit, to the extent practicable, from a comprehensive assessment of economic and non-economic values of forest goods and services and of the environmental costs and benefits. The development and improvement of methodologies for such evaluations should be promoted.
(d) The role of planted forests and permanent agricultural crops as sustainable and environmentally sound be recognized, enhanced and promoted. Their contribution to the maintenance of ecological processes, to offsetting pressure on primary/old-growth forest and to providing regional employment and development with the adequate involvement of local inhabitants should be recognized and enhanced.
(e) Natural forests also constitute a source of goods and services, and their conservation, sustainable management and use should be promoted.
7.(a) Efforts should be made to promote a supportive international economic climate conducive to sustained and environmentally sound development of forests in all countries, which include, inter alia, the promotion of sustainable patterns of production and consumption, the eradication of poverty and the promotion of food security.
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(b) Specific financial resources should be provided to developing countries with significant forest areas which establish programmes for the conservation of forests including protected natural forest areas. These resources should be directed notably to economic sectors which would stimulate economic and social substitution activities.
8.(a) Efforts should be undertaken towards the greening of the world. All countries, notably developed countries, should take positive and transparent action towards reforestation, afforestation and forest conservation, as appropriate.
(b) Efforts to maintain and increase forest cover and forest productivity should be undertaken in ecologically, economically and socially sound ways through the rehabilitation, reforestation and re-establishment of trees and forests on unproductive, degraded and deforested lands, as well as through the management of existing forest resources.
(c) The implementation of national policies and programmes aimed at forest management, conservation and sustainable development, particularly in developing countries, should be supported by international financial and technical cooperation, including through the private sector, where appropriate.
(d) Sustainable forest management and use should be carried out in accordance with national development policies and priorities and on the basis of environmentally sound national guidelines. In the formulation of such guidelines, account should be taken, as appropriate and if applicable, of relevant internationally agreed methodologies and criteria.
(e) Forest management should be integrated with management of adjacent areas so as to maintain ecological balance and sustainable productivity.
(f) National policies and/or legislation aimed at management, conservation and sustainable development of forests should include the protection of ecologically viable representative or unique examples of forests, including primary/or- growth forests, cultural, spiritual, historical, 213 religious and other unique and valued forests of national importance.
(h) National policies should ensure that environmental impact assessments should be carried out where actions are likely to have significant adverse impacts on important forest resources, and where such actions are subject to a decision of a competent national authority.
9.(a) the efforts of developing counties to strengthen the management, conservation and sustainable development of their forest resources should be supported by the international community, taking into account the importance of redressing external indebtedness, particularly where aggravated by the net transfer of resources to developed countries, as well as the problem of achieving at least the replacement value of forests through improved market access for forest products, especially processed products. In this respect, special attention should also be given to the countries undergoing the process for transition to market economies.
(b) The problems that hinder efforts to attain the conservation and sustainable use of forest resources and that stem from the lack of alternative options available to local communities, in particular the urban poor and poor rural populations who are economically and socially dependent on forests and forest resources, should be addressed by Governments and the international community.
(c) National policy formulation with respect to all types of forests should take account of the pressures and demands imposed on forest ecosystems and resources from influencing factors outside the forest sector, and intersect- oral means of dealing with these pressures and demands should be sought.
10. New and additional financial resources should be provided to developing countries to enable them to sustainably mange, conserve and develop their forest resources, including through afforestation, reforestation and combating deforestation and forest and land degradation.
11. In order to enable, in particular, developing countries to enhance their endogenous capacity and 214 to better manage, conserve and develop their forest resources, the access to and transfer of environmentally sound technologies and corresponding know-how on favourable terms, including on concessional and preferential terms, as mutually agreed, in accordance with the relevant provisions of Agenda 21, should be promoted, facilitated and financed, as appropriate.
12.(a) Scientific research, forest inventories and assessments carried out by national institutions which take into account, where relevant, biological, physical, social and economic variables, as well as technological development and its application in the field of sustainable forest management, conservation and development, should be strengthened through effective modalities, including international cooperation. In this context, attention, should also be given to research and development of sustainable harvested non-wood products.
(b) National and, where appropriate, regional and international institutional capabilities in education, training, science, technology, economics, anthropology and social aspects of forests and forest management are essential to the conservation and sustainable development of forests and should be strengthened.
(c) International exchange of information on the result of forest and forest management research and development should be enhanced and broadened, as appropriate, making full use of education and training institutions, including those in the private sector.
(d) Appropriate indigenous capacity and local knowledge regarding the conservation and sustainable development of forests should, through institutional and financial support and in collaboration with the people in the local communities concerned, be recognized, respectd, recorded, developed and, as appropriate, introduced in the implementation of programmes. Benefits arising from the utilization of indigenous knowledge should therefore be equitably shared with such people.
13.(a) Trade in forest products should be based on non-discriminatory and multilaterally agreed rules and procedures consistent with international trade law and practices. In this 215 context, open and free international trade in forest products should be facilitated.
(b) Reduction or removal of tariff barriers and impediments to the provision of better market access and better prices for higher value-added forest products and their local processing should be encouraged to enable producer countries to better conserve and mange their renewable forest resources.
(c) Incorporation of environmental costs and benefits into market forces and mechanisms, in order to achieve forest conservation and sustainable development, should be encouraged both domestically and internationally.
(d) Forest conservation and sustainable development policies should be integrated with economic, trade and other relevant policies.
(e) Fiscal, trade, industrial, transportation and other policies and practices that may lead to forest degradation should be avoided. Adequate policies, aimed at management, conservation and sustainable development of forests, including, where appropriate, incentives, should be encouraged.
14. Unilateral measures, incompatible with international obligations or agreements, to restrict and/or ban international trade in timber or other forest products should be removed or avoided, in order to attain long-term sustainable forest management.
15. Pollutants, particularly air-borne pollutants, including those responsible for acidic deposition, that are harmful to the health of forest ecosystems at the local, national, regional and global levels should be controlled.
68. The conference of the Parties was convened in Bali.
International conference of Bali was under the frame work on Climate Change. The objectives of the conference are known as "Bali Action Plan" whereby it was resolved to urgently enhance implementation of the convention in order to achieve its ultimate objective with regard to principles and 216 commitments. According to the Bali Action Plan which was convened in the year 2007 at Bali (Indonesia), it was decided to launch a comprehensive process to enable to full, effective and sustained implementation of the Convention through long term cooperative action. Paragraph 1(b)(iii) reads as under :-
"Policy approaches and positive incentives on issues relating to reducing emissions from deforestation and forest degradation in developing countries; and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries."
69. In the book of Forest Futures (Global Representations and Ground Realities in the Himalayas) authored by Antje Linkenbach has made following pertinent observations on the concept of Chipko Andolan which was nationally and internationally acclaimed :