Assignment Code: MEV-03/TMA-01/2022-23

Course Code: MEV-03

Assignment Name: Environmental Law and Management

Year: 2022-2023

Verification Status: Verified by Professor

Maximum Marks 100

Attempt any five questions. All questions carry equal marks.

1. Explain in detail about the significance of Rotterdam, Rio conference and Cartagena protocol?

Ans) The Rotterdam Convention (officially called the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides 15 in International Trade) is a multilateral treaty that encourages shared responsibilities when it comes to importing dangerous chemicals. In 1988, the Convention was signed into law. The governments thought that the process for getting permission to move certain dangerous substances across borders should be made stronger so that it is legally binding. It wants to make sure that the dangerous chemicals are handled in a way that is good for the environment.

The Convention also gives people a place to share information. The Convention gives national governments the power to decide if these dangerous chemicals can be brought into their country. The convention encourages people to share information in an open way. It tells people who export dangerous chemicals to use correct labels, include instructions on how to handle them safely, and tell buyers about any known restrictions or bans. Signatory countries can decide whether to allow or ban the importation of chemicals listed in the treaty, and exporting countries are required to make sure that producers within their borders follow the rules.

The first international conference on environmental issues was held in Stockholm 20 years before the Rio conference. The main goal of the International Environmental Policies, Agreements, and Treaties conference in Rio was to stop the environment from getting worse. In 1983, after the Stockholm conference, the UN set up a group called the Commission on Environment and Development. It was led by a Norwegian woman named Gro Harlem Brundtland. Sustainable Development is an idea that came from the Commission. This is defined as "development that meets the needs of the current generation without making it harder for future generations to meet their own needs."

In 1987, the UN General Assembly called for the UNCED convention based on the Brundtland report (United Nations Conference on Environment and Development). In June 1992, 172 governments met at Rio de Janeiro, Brazil, for the UNCED. A number of people from non-governmental organisations (NGOs) were there. It was mostly about finding a balance between development that helps social and economic growth and doesn't hurt the environment. It also said that to solve the problems, the world needs to work together.

The Convention on Biological Diversity's Cartagena Protocol on Biosafety is an international agreement about biosafety. It adds to the Convention on Biological Diversity, which has been in place since 2003. The goal of this Protocol is to protect biodiversity from risks that could come from genetically modified organisms. The Protocol says that products made with modern biotechnology should follow the precautionary principle. It lets developing countries find a balance between improving public health and making money. It lets countries ban the import of genetically modified organisms if there isn't enough scientific proof that the product is safe.

It also requires exporters to put labels on shipments that contain goods that have been changed genetically. This protocol is in line with Principle 15 of the Rio Declaration on Environment and Development, which talks about taking precautions. The protocol says that a "living modified organism" is any living thing with a new set of genes that was made possible by modern biotechnology. Living organism refers to any biological thing that can pass on its genes or make copies of itself. In the Protocol, "modern biotechnology" is defined as the use of in vitro nucleic acid techniques or the fusion of cells outside of their taxonomic family to get around natural barriers to reproduction or recombination.

2. Explain the principles of Environmental design and describe its benefits?

Ans) The principles of Environmental design are:

Principle-1 Energy conservation

The main goal of environmental design is to reduce the amount of energy used to run buildings and reduce carbon emissions and costs. This can be done by following the energy hierarchy, which is one of the best ways to reduce the environmental impacts of buildings related to energy use.

Principle 2- Building Materials

Different amounts of different materials are needed to build a building with an environmental design. Most of the time, products are made from natural, renewable materials or have recycled parts. When eco-friendly building materials are used in construction, they have less of an effect on the environment and the life cycle, and they are cheaper in the long run. It's also important to think about the early parts of a material's life cycle, like getting it out of the ground, processing it, making it, and getting it to the site. These parts can have big effects on the environment. There are also other environmental effects of materials that should be taken into account, such as overusing resources, cutting down forests, making climate change worse, polluting the environment, etc. So, any building project needs to take steps to reduce the effects of building materials over their whole life cycle.

Principle 3-Water Consumption and Drainage

Buildings should use different ways to save water to cut down on how much water they use. Water conservation should be done in a way that saves money, and the building should also use water from other sources. To cut down on surface water runoff and flood risk, sustainable drainage methods must be used. This can be done in a number of ways, such as by installing technologies that save water and encourage the use of rainwater and recycled water. To cut down on water runoff, buildings should use sustainable urban drainage systems like green roofs, rainwater collection, and permeable paving.

Principle 4-Biodiversity

The designer should focus on improving biodiversity and promoting its benefits for the people who live there and the people who live nearby. They are in charge of protecting biodiversity and looking for ways to make it better. This can be done by making sure that all natural habitats are protected while buildings are being built. During the building work, opportunities to restore biodiversity should be found on the project site. This can be done with green roofs, green walls, birdhouses, planting trees, or adding bodies of water. Also, other chances can be found to use emerging spaces as part of new projects.

Principle 5-Minimize Travel Impacts

The designers should keep an eye on how the travel plans will affect workers, residents, and people who live nearby. Planning should be done to reduce the negative effects of travel by encouraging people to use efficient modes of transportation that have less of an effect on the environment, cause less traffic, and pollute the air less.

Principle 6-Waste Management

The waste hierarchy should be the main focus of the designer (refuse, reduce, reuse, recycle and dispose). Different ways should be used in design to cut down on the amount of waste made at different stages of building.

Benefits of Environmental Design

Environment design is important now because of the damage that humans have done to the natural environment since the Industrial Revolution. The following are some of the benefits of environmental design:

1. By promising a healthy environment through sustainable design, environmental design brings in more business.

2. Use of environmental design can create a unique and beautiful appearance too.

3. The basic ideas of environmental design can help reduce a product's impact on the environment while it's being made. This can be done by making the best use of raw materials and energy, managing waste, and stopping pollution in the future.

4. It is a design that is good for the economy and meets the needs of consumers by meeting their expectations for a good price, steady performance, and good quality.

3. Discuss about the constitutional provisions related to environment.

Ans) The Central Pollution Control Board (CPCB) is in charge of pollution control on a national level. It is a separate group that was set up in September 1974 by the Water Act of 1974. It coordinates the work of the State Pollution Control Boards and gives the Central Government advice on how to stop and control pollution in the environment. The CPCB, SPCB, and PCCs are in charge of making sure that laws about preventing and controlling pollution are followed. They also make rules and regulations about how much pollution goes into the air and water and how loud it can be.

Pollution control at the state level is handled by the State Board for Prevention and Control of Water Pollution, which was set up under the Water Act of 1974, or the State Board for Prevention and Control of Air Pollution, which was set up under the Air Act of 1981. Under the EPA, many authorities have been set up. For example, the Taj Trapezium Zone Pollution Authority tried to solve the problem of pollution around the historic Taj Mahal. In the same way, the National Capital Region's Environment Pollution Authority was made. The laws that govern the EPA and the rules and regulations that come from them.

CRZ, IA, and the idea of an environmental audit are all important legal tools. Several of the Act's rules about getting permission, where to put industrial projects, regulating hazardous wastes, taking care of solid wastes, and creating authorities can be used wisely to protect the environment in different ways. The courts have looked at problems with protecting the environment in two clear ways, using clear plans and schemes.

National Environment Appellate Authority

The National Environment Appellate Authority was set up in 1997 by a group of experts led by a retired judge of the hon'ble Supreme Court. Its main goal was to deal with the many cases that flooded the hon'ble Supreme Court and try to resolve the conflicts. The goal of this authority is to make the process clear and make sure that development plans and projects go off without a hitch.

Relevant legislations

In the Indian penal code, Chapter XIV covers crimes that hurt public health, safety, etc. Section 268 of the Indian Penal Code talks about public nuisance, and it says that anyone who does something illegal that hurts the public as a whole is guilty. In Madhavi v. Thilakan (1988(2) klt 730), the Kerala high court said that the workshop was a nuisance because it polluted the air, but it also gave some people a way to make a living. So, this was not a good reason for polluting. Under Section 134 of the Indian Penal Code, the magistrate's order has to be given to the person it affects. If the person doesn't follow the order, they can be punished under Section 188 of the Indian Penal Code.

Section 144 of the Criminal Procedure Code says that a magistrate can also order someone to do or stop doing something in an emergency if there is a nuisance or a fear of danger. Section 278 of the Indian Penal Code is all about the crime of making the air unhealthy for people. This section says that people who do this on purpose will have to pay a fine. Section 290 of the Indian Penal Code is a leftover rule that says people who cause a public nuisance can be fined.

4. Discuss about environmental management principles?

Ans)

Precautionary Principles

This is a good way for environmental management to deal with risks and unknowns. In its most basic form, the principle says that action must be taken to stop serious and irreversible damage even before the harm can be shown scientifically or priced. The precautionary approach should be used to protect the environment, which includes people's ways of life and the health of their communities.

Intra-Generational Equity

To make sure that everyone, including women and children, has fair and safe access to environmental resources and quality. This is especially important for poor communities, who depend on environmental resources for their livelihoods.

Inter-Generational Equity

This is the most important part of the definition of sustainable development, and it's also what the measures of sustainable income are based on. The Brundtland Report from 1987 says that sustainability means "meeting the needs of the current generation without sacrificing the needs of the next generation." The World Commission on Environment and Development came up with the Brundtland Report, also called "Our Common Future." It came out in 1987.

The Polluter Pays Principle

Plato, a Greek philosopher, said, "If anyone on purpose pollutes the water of another... Let him not only pay for the damage, but also clean the water source, whether it's a stream or a cistern. In theory, the person who causes pollution should pay for it, as long as the public interest is taken into account and international trade and investment are not harmed. The PPP was first talked about in depth at the United Nations Conference on Environment and Development, which took place in Rio de Janeiro, Brazil, in June 1992. All of the country representatives who went to the conference agreed with it.

The Principle of Subsidiarity

The main goal is to give a lower authority or a local authority a certain amount of independence from a higher body or from the central government. It is based on the idea that different levels of authority should share power, which is the basis for how federal states work (Raffaelli, 2017). It says that the least amount of public authority should be needed to make political decisions about setting standards and figuring out how dangerous something is. It suggested that these decisions be made by people who aren't in touch with the people who will be affected. Power to make decisions should not be centralised. Instead, decisions should be made as close to each citizen as possible.

Recognition and Preservation of Diversity

Communities and societies are different from one another. They have different ages and genders, and they are made up of different groups with different values and skills. It's important to pay special attention to the unique needs of special groups and to appreciate the different kinds of people that live in a community. It is important to make sure that planned interventions don't cause a community to lose its social diversity and social structure.

The Prevention Principle

This means that early steps can be taken to protect the environment. It is usually better and cheaper in the long run to stop environmental damage and negative social effects from happening instead of fixing them after the fact. It is better to stop something from happening than to fix it.

6.Define biosafety. Explain various types of biological containment?

Ans) Biosafety is the prevention of large-scale loss of biological integrity, with a focus on both ecology and human health. To do this, biosafety in laboratories is reviewed regularly, and strict rules must be followed. Biosafety is used to keep bad things from happening. A risk management assessment and enforcement process for biosafety is used by many laboratories that work with biohazards. If you don't follow these rules, you may be more likely to be exposed to biohazards or pathogens. Errors made by people and bad methods lead to unnecessary exposure and make the best protections less effective.

The international Cartagena Protocol on Biosafety focuses mostly on agriculture, but many advocacy groups want to expand it to include post-genetic threats like new molecules, artificial life forms, and even robots that could directly compete in the natural food chain. Biosafety in agriculture, chemistry, medicine, exobiology, and other fields will likely require the precautionary principle and a new definition that focuses on the biological nature of the threatened organism rather than the nature of the threat. When thinking about biological warfare or new, yet-to-be-proven threats (like robots or new artificial bacteria), biosafety precautions are usually not enough.

Biosecurity is a new field that tries to deal with these complicated threats. Biosafety level is a measure of how strict the Centers for Disease Control and Prevention (CDC) thinks biocontainment precautions need to be for lab work with infectious materials. Biosafety is usually in the hands of a committee or board of supervisors at places that experiment with or make potentially dangerous biological material. They make and keep an eye on the biosafety standards that labs must follow to keep harmful biological materials from getting out by accident. (Note that in the US, several groups are involved, and there are efforts to improve processes for government-run labs, but there is no one regulatory body for all labs.

Biohazard control is the management of biological hazards through the right use of engineered containment and administrative controls. Containment is a set of safety measures and methods for managing infectious agents in the lab. The main goal of containment is to help reduce or eliminate human and environmental exposure to potentially harmful infectious agents.

Primary Containment

Basically, primary containment keeps highly infectious agents from spreading to people and the area around the lab where scientific experiments are done. Microbiological techniques that are safe and effective, along with good safety equipment, are enough for primary containment. Safety equipment like biological safety cabinets (BSCs) and safety centrifuge cups are examples of primary containment. When it is hard to work in biological safety cabinets, personal protective equipment (PPE) like lab coats, masks, and gloves may be the only thing that keeps people away from infectious materials.

Secondary Containment

The secondary containment is meant to keep infectious materials from getting out of the laboratory and into the outside world. Again, secondary containment is provided by how well the facility is designed and how it is run. Some examples of secondary containment or barriers are work areas that are separate from public areas, decontamination facilities, handwashing facilities, special ventilation systems, and airlocks.