THE FOOTPRINT - Huzaifah Sehgal

The calamitous floods in Pakistan, melting of icecaps of the Arctic, endangerment of, inter alia, snow leopards, black rhinos, tigers, and blue whale, are just few examples of catastrophes brought upon this planet under the weight of our footprint. After centuries of using or perhaps abusing the resources of this planet, it’s finally time to realize and safeguard the right to environment. This need is further exacerbated with the increasing threat of climate change, to which many still remain oblivious. Despite being around for a little more than two decades, environmental law remains largely underdeveloped and perhaps, unimportant to the world, generally.

Nevertheless, this does not mean that nothing is being do ne to protect the environment; over the course of the last two decades, we have observed environmental law to operate at several levels i.e. international, regional, and national levels. Some countries have even incorporated the right to environment within the most sacred of their laws i.e. their constitution, as is the case with Germany, China, and South Africa, to name three.

This idiosyncratic field of law comprises many different types of mechanisms subsumed to protect the environment. The first and foremost of such mechanisms is command and control legislation which imposes direct limitations and restrictions by setting specific limits for pollution emissions. Non-adherence to such limitations will result in penalties like fines and suspension of licenses etc. Command and control legislation also encompass risks of discharge of pollutants and environmentally harmful trade.

Another way to regulate environmental law is via environmental assessment mandates. Such mandates identify a potential environmental impact and devise a contemplated action by establishing specific goals. In contrast to command and control legislation, environmental assessment mandates do not directly protect the environment, rather it tends to accord indirect protection by providing access of information pertaining to the environmental consequences of contemplated actions to the public at large.

Apart from the assessment mandates, countries like United States of America and member states of European Union, have also utilized economic incentivization to promote activities which are in the interest of the environment. Such incentivization primarily revolves around subsidies for clean technologies and practices, and creation of markets.

As of last resort, some countries have also introduced Set-aside schemes in order to preserve the environment. According to the said scheme, certain lands and waters are set aside in their natural state and no body, entity and / or institution could utilize the said lands and waters without obtaining license or approval from the government of that state.

Despite having a plethora of mechanisms in place to preserve the environment from degradation, countries, especially the developing ones, are playing little to no role in effectively utilizing the aforementioned mechanisms to protect the environment. The international community as a whole, is showing lethargic attitude toward the threat posed by climate change and the deteriorating environment, which is evident from the fact that the right to environment has not, as of yet, been incorporated into the list of preemptory norms.

After centuries of embedding our footprints on this planet, it’s finally time to lift our feet up.