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Environmental Pollution Is The Present Day’s Biggest Challenge To Humanity. The Study Of Environment, Besides Being A Natural And Management Science, Is Also A Law.
The Very Existence Of Mankind And Other Living And Non-Living Things Depend On Quality Environment. Though Human Beings Occupy A Special Place On Earth, They Are Not Separate From It But Form An Integral Part Of It. The Misuse Of Environment Is The Cause Of The Present Civilization Crisis. It Is Mainly Due To Our Life Style Vices Which Are Alienating Us From Nature. The Modern Science And Technology Can Serve Their True Purpose If Only They Are Pro-Environmental. Only A Sensuous Relationship With Nature Can Save Us And The Environment.
The Study Of Environmental Law Focuses This Objective. A Deep Insight Of These Laws Will Certainly Awake Our Conscience To The Naked Realities Of Environmental Pollution. The Knowledge We Gain Must Reorient Our Attitude And Activities Towards Pro-Environmental.
The Aim And Purpose Of The Study Of Environmental Law Will Be Better Served By Not Merely Acquiring A Qualification In The Subject, But In Disseminating The Knowledge To One And All So That Everyone Realizes, Earth And Environment Do Not Belong To Man, But Man Belongs To Them – Earth Should Not Be Over Exploited/Polluted By The Present Generation, But Should Be Sustained For The Healthy Living Of Future Generations.
Environmental Study Is A Complex Subject – A Science, A Management Study And A Law. This Study Is Made Simple By This Book So That Every One Can Grasp The Subject Easily And Thoroughly.
Priority Has Been Given To Meet The Examination Requirements For All Law Students, Not Only By Majorly Covering The Syllabus, But Also By Providing Answers For Previous Year University Questions And Problems. We Fervently Hope That This Book Will Fully Cater To The Expectations Of Student Community And Legal Fraternity.
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Environmental laws are laws that protect the environment.[1] The term “environmental law” encompasses treaties, statutes, regulations, conventions, and policies designed to protect the natural environment and manage the impact of human activities on ecosystems and natural resources, such as forests, minerals, or fisheries.
It addresses issues such as pollution control, resource conservation, biodiversity protection, climate change mitigation, and sustainable development. As part of both national and international legal frameworks, environmental law seeks to balance environmental preservation with economic and social needs, often through regulatory mechanisms, enforcement measures, and incentives for compliance.
The field emerged prominently in the mid-20th century as industrialization and environmental degradation spurred global awareness, culminating in landmark agreements like the 1972 Stockholm Conference and the 1992 Rio Declaration. Key principles include the precautionary principle, the polluter pays principle, and intergenerational equity. Modern environmental law intersects with human rights, international trade, and energy policy.
Internationally, treaties such as the Paris Agreement (2015), the Kyoto Protocol (1997), and the Convention on Biological Diversity (1992) establish cooperative frameworks for addressing transboundary issues. Nationally, laws like the UK’s Clean Air Act 1956 and the US Toxic Substances Control Act of 1976 establish regulations to limit pollution and manage chemical safety. Enforcement varies by jurisdiction, often involving governmental agencies, judicial systems, and international organizations. Environmental impact assessments are a common way to enforce environmental law.
Challenges in environmental law include reconciling economic growth with sustainability, determining adequate levels of compensation, and addressing enforcement gaps in international contexts. The field continues to evolve in response to emerging crises such as biodiversity loss, plastic pollution in oceans, and climate change.
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History
Examples of laws designed to preserve the environment for its own sake or for human enjoyment are found throughout history. In the common law, the primary protection was found in the law of nuisance, but this only allowed for private actions for damages or injunctions if there was harm to land. Thus, smells emanating from pigsties,[2] strict liability against dumping rubbish,[3] or damage from exploding dams.
Private enforcement, however, was limited and found to be woefully inadequate to deal with major environmental threats, particularly threats to common resources. During the “Great Stink” of 1858, the dumping of sewerage into the River Thames began to smell so ghastly in the summer heat that Parliament had to be evacuated.
Ironically, the Metropolitan Commission of Sewers Act 1848 had allowed the Metropolitan Commission for Sewers to close cesspits around the city in an attempt to “clean up” but this simply led people to pollute the river.
In 19 days, Parliament passed a further Act to build the London sewerage system. London also suffered from terrible air pollution, and this culminated in the “Great Smog” of 1952, which in turn triggered its own legislative response: the Clean Air Act 1956. The basic regulatory structure was to set limits on emissions for households and businesses (particularly burning of coal) while an inspectorate would enforce compliance.
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