Principle governing environmental law - Moeiz Ahmed Ch.

Since the advent of technology, mass urbanization, and industrialization, there have been dire consequences for the planet we supposedly call home. Principles which govern Environmental law play a vital role in the development of Environmental law, however, over the last few decades, their effectiveness and status still largely remain uncertain.

Precautionary Principle:

There are several principles in play which govern and regulate environmental law. One of many such principles is the Precautionary Principle which seeks to encourage policies protecting and safeguarding human health and environment from uncertain risks. This principle has gained more popularity because of the perception that the efforts which aim to counter such problems such as ecosystem, degradation and resource depletion is too minimal, and the problems relating to health and environment grow at an alarming rate than they are addressed. Furthermore, the potential for a catastrophic result on the ecological system has apparently weakened the system’s confidence to make policies which tackle and control hazards. There are also clear inconsistencies in the regulatory system, such as why freshwater fish should not be consumed by pregnant women if the regulations limiting the release of hazardous chemicals are effective.

Polluter Plays Principle:

The second prominent principle in the field of environmental law is the Polluter Pays Principle (PPP), which came into light in the year 1972 by the Organization for Economic Cooperation and Development (OECD), as per which, the polluter should bear the responsibility for the pollution caused by him. In simpler terms this principle aims to impose liability on the person who pollutes the environment. This principle is the cornerstone of environmental policy which seeks to aim sustainable development worldwide. Although the Polluter Pays Principle has helped to reduce the damage caused to the environment nevertheless, there are many problems associated with this principle which include the fact that most developing countries have not yet acceded to it as a main environmental policy guideline. Firstlyy, the polluter may be a poor household, informal sector firms, or a small or a mid-size firm of formal sector, and it is oft-times difficult to impose precise liability on such a polluter. The application of the polluter pays principle and the difficulty in affixing proper level of a pollution tax or other environmental levy are two of many difficulties revolving around this principle. The application of PPP raises further questions; What specifically should be considered given the policymakers' insufficient information? What harm does the polluter create to the environment? Should those who suffer environmental degradation receive direct compensation? What should be done if the offenders cannot be found or are bankrupt? The PPP's implementation as a guideline for environmental policy in developing nations is challenging due to all these concerns.

Public Participation Principle:

Another fundamental principle is known as Public Participation Principle. It provides means of empowering citizens to be at the center of democratic environmental governance. Communities have the chance to use this tool to act and try to influence decisions that have an impact on them by influencing the plans and policies that relate to the environment they live in. Finally, through public participation, the transparency of decision-making improves, the various needs of each community are better communicated, different perspectives are heard, and finally, problems are flagged in the early stages, which leads to better compliance with obligations and higher community acceptance. Environmental issues are frequently complex, and a more holistic and complete approach to handling them is ultimately the goal, which is duly achieved by Public Participation principle.

Since youth make up 30% of the world's population, their role in civic engagement is crucial. They develop a strong foundation of active citizenship because of their participation in these activities, which increases their awareness of their rights. Youth public involvement in environmental issues is specifically regarded as being of great relevance because climate change is a problem of intergenerational equity that will affect future generations. Due to this, there is a demand for active youth public participation in environmental decision-making processes, which can be provided by supporting young people's civic engagement activities.

Preventive and Integration Principle:

Other principles such as Preventive principle enables early environmental protection measures to be done. It is now necessary to prevent damages from happening in the first place rather than only restore them once they have already happened. The Precautionary Principle mentioned above, is an extension of Prevention Principle. In layman's terms, it means that prevention is preferable to restoration. Moreover, Integration principle necessitates that environmental protection is integrated into all other policy sectors, in line with fostering sustainable development.

Modern trends:

Modern trend towards a more protective environment is aimed through sustainable development. Brundtland Commission defines sustainable development as development which considers the past and future needs without jeopardizing the future generations. A thoroughly thought-out strategy for embracing progress while using resources more wisely, sustainable development considers both the short and long-term advantages for our planet and the people who inhabit it. There are three primary objectives for sustainable development namely, Economic growth, Environmental growth, and Social Inclusion. The three main objectives must be applied concurrently and in concert with one another in a persistent, determined effort to achieve effective sustainable development. Sustainable development methods assist nations in expanding in ways that address the problems caused by climate change, which in turn helps to save vital natural resources for current and future generations.

Particularly throughout the years, environmental protection has suffered because of economic growth. Earth's natural resources have been used in ways that are wasteful and environmentally unfriendly, with harmful results like deteriorating air quality and global climate change. Although there have been counter measures to reduce the environmental problem, but the lack of awareness, constantly evolving human needs, and states’ desires to achieve their economic goals, make it difficult for environmental law to progress and evolve at such a pace that is direly needed.