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Debating the issue of Environment law

Discuss about the Mediating Environment in Explaining Participation.

In a country, it is proper to have a set of written principles and statement which help the authority to govern the country in an efficient manner. Throughout the passage of time, various changes, amendment, and developments have occurred. It needs to be mentioned that the issue of environment in the present world is garnering much importance and significance since the environmental situation is continuously getting deteriorated. As a result, it is the humans who are getting affected. However, In spite of this critical situation, people are still unable to understand the gravity of the situation. Hence, the modern system of law has decided to take the matter in its hands. As a consequence of this decision, the section of environmental law is created and to some extent is also incorporated into the other section of life. Regarding the statement, it is better to be aware that many meetings, conferences, and discussion sessions are conducted to actualize and enforce the laws of the environment.

Environment basically includes the entire ecosystems which apart from possessing its intimate aspects also includes the communities which exist within the environment along with the people living in this environment. Environment objects include both physical and natural resources. The environment impacts as well as get affected by the economic, social cultural and aesthetic conditions  

The environment law has always been a debatable issue. Unlike the other laws, the factor of the environment is often considered a controversial topic. This is because; the environment is basically a body which consists of inanimate objects. In other words, the environment is simply an object, a non-living, therefore it is futile to make laws for something which, to put it simply does not ‘live’ or does not exist. However, this dominant opinion is challenged by the Christopher Stone. It should be mentioned that the Stone wrote the article reasoning that areas and natural objects must possess legal rights. Stone lend voice to the concept of ‘land ethic’ that was advocated by Aldo Leopold. Taking into account the article ‘Should Tress Have Standing’ into account, it can be said that environment does possess the right to hold legal rights Stone demonstrated that, in ancient times, children used to be treated as objects. This means the father had the right to do whatever they felt right with the children, without taking the child’s permission. Just like the children, the environmental objects which are present around us are unable to take actions on their own and taking this chance, people are treating the environment as a mere object, treating them unfairly. However, the children are living beings who possess their own individuality and their own right to live in this world; therefore it is illegal for the father to treat children as mere objects. Taking the point of ‘living’ the environment is also looked down as mere objects; however, it is justifiable that the environment holds it’s respecting rights. It needs to be taken into account that the environment does hold its individuality and has its own existence, thus the factor of physical presence is given importance. Taking assistance from the article, another factor which should be mentioned is that the world of law is filled with insentient right-holders: corporations, trusts, municipalities, joint ventures, nation-states partnership and such other abstract objects. If these abstract objects can hold importance in terms of legality, then it is legally unfair not to give importance to the environment when it possesses solid evidence of existence.

International laws concerning the issues of environment

Throughout the ages, as a result of several debates and controversies, several laws concerning the issues of environment are made; issues such as landscape, conservation, water equality, energy and such are created and have come into existence. Some of these international laws concerning the environment are The Economics of the Coming Spaceship Earth (1966), World Conservation Strategy by IUCN (1980), Rio Conference on Environment and Development (1992), Rio Summit 2012, Stockholm Conference concerning Human Environment (1972) and much more. Stone said that an individual must possess the capability of holding anthropological and existing legal order in order to conserve ad give full protection to the natural objects. Another aspect which is opined by Stone, an individual must have the ability to possess guardianship on the environmental objects. He also puts in front the question which is being discussed by many, stating the necessity and importance of law required to protect nature. Regarding this statement, he gave suitable explanations and opinions, validating the potentiality of the argument.

The Stockholm Conference, held at the Stockholm, Sweden consists of 26 principles. All of these principles are related with for the conservation and betterment of the environment. A constructive Action Plan is made for the purpose, containing around 109 recommendation. Apart from this, a resolution is also constructed, keeping in mind the factor of the environment. The content of the environment stated that human rights need to be apartheid, asserted, and colonialism must be condemned at all costs. The necessity for conserving natural resources is also present. The Earth’s ability of production must be given importance and needs to be maintained. Pollution must not exceed the cleaning capacity of the environment. Human settlements must be carefully done so that the environment does not get affected. The government needs to make their own policies for the development and betterment of the people as well as the population. The Stockholm Conference also stated that environmental education is indeed a necessity for the all-round development of an individual. Research concerning environment must b encouraged and promoted.   World Conservation Strategy by IUCN (1980) is basically the first global document which discusses the topic of living resource. The significance of the document lie in the fact is that this was created as a result of the accumulation of various relevant data and information from the non-governmental, governmental organizations. The document also got necessary assistance from the experts who are engaged and deal with the environment. The document strongly asserts that in order to develop make the world sustainable for a living, it is necessary to support the process of conservation and preservation of the environment and its natural resources instead of hindering the growth and conservation of the environmental world. Rio Conference on Environment and Development (1992), this conference was held in Rio. This conference was better known as Earth Summit. The only importance of this summit was that it highlighted the importance of possessing sustainable development in front of the public and the platform of the media. The Brundtland Commission, known formally as WCED or World Commission on Environmental and Development upholds the mission of uniting the nations in order to pursue together the objective of sustainable development. This commission stresses on the three main objectives of development: social equality, economic growth and environmental protection. It is noteworthy to state that the pillar of environmental protection has succeeded in gaining much attention and importance in recent twenty years. As a result of giving importance to the matter factor of environments, many people want to invest in this pillar which still needs development and improvement. Concerning this aspect, investment is made to better the situation of green technologies.

Importance of law required to protect nature


The fact that the issue of environment has indeed become a great cause of concern and importance can be understood by the amount of international organizations or nations which have taken part for the promotion and welfare of the environment. The General Assembly of UN, NGOs such as IUCN has participated. Apart from them, various parties and conferences have also joined hands with each other for this great cause of concern. The chief concepts and principles of these international parties and conferences are balance, prevention and procedural.

All the conferences, discussions, meetings which have taken place throughout the passage of time holds one single objective and that is paving way for the all-round improvement and development of the environment. In order to accomplish this objective, all of these conferences and meetings are conducted. The chief objective is that environment must be conserved and protected. All the objects which comprise the environment need to be properly preserved and in order to do this, necessary steps for improvement needs to be taken, initiated and enforced. The point can be further explained by giving one relevant example. As per the content of the Rio Conference of 1992, legal rules and regulations concerning environment along with its development are given importance.


Apart from this, legal rules are formed stating the principles which needs be followed, keeping in mind the welfare and conservation of forest. FCCC of UN concentrates on the importance of climate change and how positive change is to be initiated concerning the factor of climate. Another factor which is mentioned in the conference is the factor of biological diversity. This suggests that proper steps must be taken to conserve the balance of the environment and apart from this; biological diversity needs to be maintained. The conference states that every organization must try its best not to harm the environmental objects and to consider the factor of the natural diversity of the environment. Institutional innovation must be encouraged. The Stone’s chosen article is very much relatable concerning this point. The article rightfully supports and considers the legibility of the environmental objects. Apart from supporting and upholding the law of environments, it also shows arguments which give proves the arguments.

It is true that environmental rights are indeed necessary, however, it also possess certain loopholes, which means many people use this right for their personal benefit, making other the sufferer. This must not be encouraged at all. It is the responsibility of the legal makers or the law holders to take care of this negative aspect. The environmental laws sometimes are used to gain personal advantage. Several cases have been observed regarding this issue. Therefore necessary precautions must be taken for the purpose.

Objectives of International parties for promotion and welfare of environment


Thus, in conclusion, it can be assessed that the laws concerning environmental objects is indeed important and significant and it is the duty of every citizen to maintain these laws and regulations which are given, initiated and enforced in order to get a better world. It needs to be remembered that the entire population lives within the environment; hence if the environment gets hampered and affected in any way then its population will also get into trouble. Therefore it is necessary to give importance to the rights related to the environment. As per the opinion of Stone, environments objects are indeed beings which possess their existence and are not abstract. Therefore, if the abstract objects can hold existence then proper importance must be given to the environment.

Reference List

Anaby, D., Hand, C., Bradley, L., DiRezze, B., Forhan, M., DiGiacomo, A. and Law, M., 2013. The effect of the environment on participation of children and youth with disabilities: a scoping review. Disability and rehabilitation,35(19), pp.1589-1598.

Anaby, D., Law, M., Coster, W., Bedell, G., Khetani, M., Avery, L. and Teplicky, R., 2014. The mediating role of the environment in explaining participation of children and youth with and without disabilities across home, school, and community. Archives of Physical Medicine and Rehabilitation,95(5), pp.908-917.

Axelrod, R.S. and VanDeveer, S.D. eds., 2014. The global environment: institutions, law, and policy. CQ Press.

Greenwood, C., 2016. The 2015 Lionel Cohen Lecture: Magna Carta And The Development Of Modern International Law.Isr. L. Rev., 49, pp.435-435.

Juergensmeyer, J. and Roberts, T., 2013. Land use planning and development regulation law 3d (Hornbook Series). West Academic.

Keane, A. and McKeown, P., 2014. The modern law of evidence. Oxford University Press.

Kubasek, N.K., Brennan, B.A. and Browne, M.N., 2016. The legal environment of business: A critical thinking approach. Pearson.

Law, R.J., Covaci, A., Harrad, S., Herzke, D., Abdallah, M.A.E., Fernie, K., Toms, L.M.L. and Takigami, H., (2014). Levels and trends of PBDEs and HBCDs in the global environment: status at the end of 2012. Environment international, 65, pp.147-158.

Means, R.C., 2016. Underdevelopment and the Development of Law: Corporations and Corporation Law in Nineteenth-Century Colombia. UNC Press Books.

Seidman, A., 2016. State and law in the development process: problem-solving and institutional change in the Third World. Springer.

Stone, C., 2015. Should trees have standing. Toward Legal Rights for Natural Ob.

Thomas, R. ed., 2015. The Modern Law of Marine Insurance: Volume Four. CRC Press.

Von Glahn, G. and Taulbee, J.L., 2015. Law among nations: an introduction to public international law. Routledge.

Young, C.L., 2016. Res Publicae in the modern world of minerals: has this Roman Law creation survived the introduction of the Mineral and Petroleum Resources Development Act 28 of 2002.

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