Environmental Protection laws in India As justice chinappa reddy stated in sachinanand panda v. state of west Bengal: Every part of the earth is sacred. Every shinning pine needle, every sandy shore, every mist in the dark woods, every claring and humming insect is holy in memory and experience of any people. The sap which courses through the trees carries the memories of red man. we are part of earth and it is part of us. The perfumed flowers are our sisters; the horse, the great eagle, these are our brothers. The rocky crusts, the juices in the meadows, the body heat of the pony, and man-all belong to the same family 1
What is the environment? The natural environment includes all living and non-living things occurring naturally on Earth or some region thereof. The natural world in which a person, animal, or plant survives. It is very tough task to give the precise definition of environment because it is a relational concept. It is the complex set of geographical, biological, social conditions. Both environment and human being are dependent on each other because they cant exist independently. Human being must live in harmony with nature which nourishes him and provides all basics of human life. Mankind is a part of nature and thus, basic principle says that protection of nature means preservation of humanity.
What is law-? The body of rules and standards issued by a government, or to be applied by courts and similar authorities. Law is a body of enforceable rules and regulations governing relationships among individuals and between individuals and their society. These rules establish rights, duties and privileges that are consistent with the values and beliefs of their society. One of the most
1 (1987) 2 SCC 295
important functions of law in any society is to provide stability so that people can be sure of how to order their affairs.
What is environmental law-? A set of rules and regulations, orders, statues, treaties and conventions which are framed by the authority, for the maintenance and protection of the natural environment of a country. It is the duty of the state to protect and improve the natural environment. Environmental law involves the study of environmental sciences; environmental studies; environmental journalism, environmental politics; environmental engineering; study of international environmental relations and institutions; environmental planning; ecological studies, environmental ethics, environmental science and natural resources etc. India's environmental problems are mainly due to its high population and limited natural resources. Protection of the environment poses a fundamental challenge to the nations desire to industrialize faster. Various efforts are being made to control India's environmental problems. Reference to the environment has also been made in the directive principles of state policy as well as the fundamental rights. The department of environment was established in India in 1980 to ensure a healthy environment for the country. This later became the ministry of environment and forests in 1985.
Environmental ethics in India- India has inherited a culture of tolerance, non-violence, equity and compassion for animate objects. Religious teachings, social and political norms, and economic policies treated man as a part of nature, not as a superior to it. Air, water, plant, land, animal and human beings are the creation of one superior power-god. Therefore, the fundamental ethics of behavior with each other was to live in harmony with each other, because it was well realized that each one of them is dependent on one another and destruction or damage to the other is the destruction of self and is complimentary to each other.
Why environmental law is necessary? As we all know that environment is facing a major threat over the world. The environment has been increasingly threatened by human activities in different spheres of life. The basic causes
for the deterioration of the environment have been identified as: (1) population explosion, (2) increased urbanization, and (3) an expansion in the use of efficient new technology with its associated demands on space, food and natural resources. 2 We depend on a healthy environment. We also rely on a stable economy, Technology developed rapidly, science became advanced and the manufacturing age came into view. With all of these came one more effect, environmental pollution. And to decrease the pollution and to save the environment, environmental law is necessary.
Environmental pollution- Pollution is something that harms the environment by polluted the environment. Environment includes the harmonious co-existence of physical and biological components of the nature. Industrial processes, domestic reasons or nuclear industries, weapons etc, are the main causes of environmental pollution
Effect of environmental pollution- The common effect of environment is that it ruins natural composition of substances, it interferes with food chains, carbon cycle, nitrogen cycle, oxygen cycle, hydrogen cycle and thus causes damage to the plant and animal life. It makes the survival of the living being difficult and troublesome.
Main factors which are solely responsible for the environmental pollution- 1. Industrial development- industrial development plays major role in polluting the environment. In present era, industries are drastically polluting the environment in various ways which ultimately resulted in exploitation of natural resources. Industrial pollution also produces adverse environment health consequences through the release of air and water pollutants and the disposal of hazardous wastes. Literatures indicate that chemical
2 Refer the UN secretary-generals report on the problems of the human environment, UN Doc. E/4667, may 26, 1969, para. 8.
industries play the major role in polluting the environment. Enormous quantities of industrial wastes and effluents which are discharged by the industries are not only polluting the soil, water, air, and the environment, but also increases the contents of carbon dioxide in the environment. The ultimate effect of industrial pollution is acid rain and global warming, which is very harmful for the environment.
Remedies for the industrial pollution are to reduce the consumption of pollutants products or to keep the proper check and control on wastes, discharges and disposals which are coming out from the industries. For this, industries should adopt some effective technologies. 2. Population growth- growth of population is the root cause for many human problems. It ultimately effects the natural resources which are available in the nature. In country, like India, population growth is the major threat for nature because the resources which are available in nature are not available in proportion with the population. Increase in the population will have a multiplier effect requiring proportionate increase in all requirements necessary for the existence of human being. One of the main effects of population growth is abnormal exploitation of natural resources. It will also result in cutting of forests so that the new generation can survive there. Remedies for the population growth are that government should adopt one child policy and should also aware the people about the harmful effects of population growth through campaign. Government should also adopt the population education policy. 3. Water pollution- an act of contamination or making foul the natural water bodies. Contamination makes water totally unfit for use. Statutory definition 3 of water pollution is such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water. Water pollution creates nuisance
3 Section 2 (e) of the water ( prevention and control of pollution ) act, 1974
and makes water harmful and it is a great threat for the health of the people. Scientific researches reveal that bacteria, viruses, protozoa, plant toxin etc., are the effects of water pollution. The most common form of water pollution is the presence in the water, of carbohydrates, proteins, fats. The important industries that contribute for such pollution are chemical, pesticide, detergent making, drugs and insecticides manufacturing, and dye etc. Remedies for the water pollution are to treat the liquid waste with proper care and caution before releasing it from the factories, industries or from homes. 4. Air pollution- air pollution means tarnishing of air. The main causes of air pollution are volcanoes, industrial activity, vegetation and seasalt spray, wild fires, cyclones, processing of mineral resources such as coal, oil, gas etc. air pollution affect the health, survival and activities of plants, animals, and human being. Smoke is the one of the most silent rival for the environment. The chief sources of smoke are domestic activity, industrial activity, transport activity, natural calamities, forest fires, smoking of tobacco and other such intoxicants. more or less all these kinds of smokes contribute not only to environment pollution but also become threats to human health and welfare. Remedies for air pollution are to keep check and control over the gases and emission which are released by the industries and factories.
5. Deforestation- in India, the area covered by forest is 31% of the total land. Forests produce vital oxygen for human being as well as for plants and animals. But after the growth of economy, forests are under the threat from deforestation. Deforestation takes place in may way like fires, clear-cutting for agriculture and degradation due to climate change. Some 46-58 thousand square miles of forest are lost each year 4 . Forest plays a vital role in the survival of plants, animals and human being because they provide basic needs to them.
4 Report released by (WWF) world wide fund for nature
Remedies for the deforestation are change the present policy because it is not effective and aware the people about the harmful effects of deforestation. Besides this, government should also launch tree plantation program. 6. Noise pollution-Noise pollution is the distressing or extreme noise that may harm the activity or balance of human or animal life. The main causes of noise pollutions are rails, buses, nightclubs and music venues, firecrackers, machinery, aircrafts etc. Injuries which are caused by the high level of music are cardiovascular effects in human being, high blood pressure, sleep disruption, coronary artery disease etc. Under law of torts, noise pollution is deemed as a public as well as private nuisance because it interferes with the use and enjoyment of a particular person. Remedies to put curb on noise pollution are to ban the use of loudspeakers after a specific time and by adopting new technologies by industries and factories that noises less.
Laws made for environmental pollution- in recent situation; India is one of the fastest developing countries in the world. Its development rate is increasing day to day. The rationale behind the development of India is rapid growth in the sectors of industries, factories etc. all these factors are ultimately causing environmental pollution. The multiple environment problems which are being encountered by us today can be broadly classified into two main categories: (1) those arising as negative effects of the very process of development, and (2) those arising from conditions of poverty and under-development.
Common law- 1. Nuisance- nuisance means an unreasonable interference with the use or enjoyment of land. Mainly there are 2 types of nuisance- Public nuisance- the kind of activities that amount to environmentally damaging and creating nuisance at public at large is public nuisance.
Private nuisance- private nuisance is an unlawful interference with a particular persons use or enjoyment of land. 2. Trespass- if the plaintiff deliberately puts the wastes in defendants land or release the gas in defendants property, he constitutes the tort of trespass. 3. Negligence- Negligence may also be used as a cause of action to address environmental harm. To plead negligence, the plaintiff must be able to prove that: the defendant owed the plaintiff a duty of care the defendant breached this duty; and this breach of duty caused damage to the plaintiff.
Constitutional law- 1. Distribution of legislative powers- article 246 is about distribution of powers between the union and states. The parliament and the legislatures of any state have exclusive power to make laws with respect to any of the matters contained in all the three lists. Environment legislative powers are available in all the three lists mentioned above. Some of the environmental problems such as sanitation and waste disposal can be solved and resoled at the state level that is by legislature while other problems like pollution can be tackled in a much better way by framing and implementation of laws by parliament. 2. The constitution forty-second amendment- it was the first time that the constitution (forty-second amendment) act,1976 included article 48-A into the constitution under directive principles of state policy. The provision which tells about the protection and improvement of environment reads: the state shall endeavor to protect and improve the environment and to safeguard the forest and wildlife of the country. The amendment also inserted article 51-A (g) of part 4-A, which tells about the fundamental duties of the citizens with respect to environment. The provision reads: it shall be duty of every citizen of India to protect and improve the natural environment including forest, lakes and wildlife and have compassion for living creature. Both the provisions impose a same liability on the state and its citizens. 3. Article 253 and environmental legislations- article 253 of the Indian constitution gives power to parliament to make laws implementing international obligation of the country as well as
any decision taken at an international conference, association or other body. The provision reads, Notwithstanding anything in the foregoing provision of this part, parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or can make any decision at any international conference, association or other body. In view of the broad spectrum which could be addressed at the international convention, conference treaties and agreements, article 253 gives power to parliament to legislate on any of the matters enumerated in the state list. The authority vested in parliament under the provisions contained in article 253 has been exercised by it in enacting the air (prevention and control) act, 1981, and the environment (protection) act, 1986.
International environmental law- traditionally, environmental problems were normally considered to be local or national problems. But in recent time, environmental issue has become an international matter because of the interconnections of the biosphere. It is the sole duty of every country to protect the renewable as well as non-renewable resources in such a way that there value shall not be decreased in future and also arrange this resources in such a way that it should not harm anyone and its benefit shall be shared by everyone. Countries shall take all possible steps to prevent pollution by substances that are liable to create hazards to human health, to harm living resources, to damage amenities or to interfere with other legitimate uses of their area.
General principles of international environment law- international environment law contains general and particular rules governing state conduct in respect of the environment, but there is no binding general customary or treaty law obligation on states to protect and preserve the environment per se. under customary international law, no particular rule exist, except the general principles of state responsibility, which have some relevance in the area of environment, particularly when a states action have some relevance in the area of environment, particularly when a states actions have their impact on the territory of another state. It has been a generally accepted principle that a state should not allow its territory to be used for purposes injurious to the interests of other states. This principle is reflected in the doctrine- sic utero tuo ut alienum non laedas (one must use his own
right so as not to injure others), which makes the basis of customary international law on pollution and environmental damage. In one of the famous case trail smelter (US v. Canada, 1938 and 1941) 5 tribunal stated that: under the principle of international law, no state has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein, when the case is of serious consequences and the injury is established by clear and convincing evidence.
It was also mention in principles 21 and 22 of the Stockholm declaration on the human environment, 1972 6 that: states have the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction.
Principle 22 emphasizes on cooperation amongst member states. It declares: state shall cooperate to develop the further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such states to areas beyond their jurisdiction. This duty of cooperation is certainly related to the states obligation not to harm or cause environmental damage to other states.
International efforts to protect Environment- it was only in the late sixties that concerted efforts started to have a body of rules by way of treaties and declarations to protect environment. The bulk of environmental law is contained in treaties, which usually provide an institutionalism mechanism for their implementation. However, there already existed few international conventions, which emphasized on the protection of the environment in a fragmentary manner. These conventions were mainly confined to the control of
pollution of the seas and rivers, and contamination of the atmosphere through nuclear weapons. The most notable among these conventions were: a. The international convention for the prevention of pollution of the sea by oil, 1954, which made any contravention of the convention as an offence punishable under the laws of the territory in which the ship is registered. This convention was later replaced by the international convention for the prevention of pollution from ships, 1973, (MARPOL) and its 1978 protocol, which also covered pollution caused by sewage and garbage, and by other noxious or harmful substances discharged from a ship as well as oil. 7
b. The 1958 Geneva Convention on the High seas, which oblige states to prevent pollution of seas by oil discharges from ships and enjoins every State to take measures to prevent pollution of the seas from the dumping of radioactive waste, taking into account any standards and regulations which may be formulated by the competent international organizations. c. The 1963 Vienna Convention on civil Liability for Nuclear Damage. The 1997 Convention on Supplementary Compensation for Nuclear Damage increased the amount of compensation for nuclear damage. 8
d. Article 1 of the International Convention relating to Intervention on the high seas in cases of oil pollution casualties, 1969, required states parties to take necessary measures to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution of the sea by oil, following upon a maritime casualty or acts related to such a casualty, which may reasonably be expected to result in major harmful consequences. In 1990 the oil pollution preparedness and response convention was adopted which relates to the preparation of emergency response plans for oil spill incidents. In 2000, it was extended by protocol to cover hazardous and noxious substances. e. The Oslo Convention for the prevention of Marine Pollution by dumping from ships and aircraft, 1972.
7 12 ILM 1319 (1973), in force since 1983. There are 150 countries party to the agreement as of December 31, 2010. There are now six annexes to the convention, ratified by requisite number of States. 8 www.iaea.org/publications/documents/infircs/.../inf500.shtml
f. Article 9 of the outer space treaty, 1967, 9 enjoins the parties to pursue studies of outer space, including the moon and other celestial bodies, and conduct exploration of them so as to avoid their harmful contamination and also adverse changes in the environment of the Earth resulting from the introduction of extra-terrestrial matter and, where necessary, shall adopt appropriate measures for this purpose. Other treaties of significance in the connection are: the 1968 African convention on the Conservation of natural resources adopted by the organization for African unity (OAU); 10 the treaty for the prohibition of nuclear weapons in Latin America, 1967; the nuclear weapons test ban treaty, 1963;the convention concerning the protection of the world cultural and natural heritage, 1972 ( World Heritage Convention- WHC). i. Stockholm conference on Human Environment- the first United Nations sponsored global conference took place at Stockholm from June 5-16 1972, which proved to be a turning point on environmental law. The conference mobilized and focused the attention and need of international cooperation on the protection of environment. The work of the conference was mainly handled by three committees consisting of all the participating states: (1) the first committee dealt with human settlements and non-economic aspects; (2) the second committee was concerned with natural resources and development aspects, and (3) the third committee related to pollutants and organizational aspects. Apart from these committees, the conference established a working group to examine and consider the draft declaration on the human environment placed before the conference. The deliberations at the conference led to the adoption of non-binding declarations, resolutions and recommendations. The principals among them were: (a) the declaration on the human environment, (b) an action plan for the human environment, and (c) a resolution on institutional and financial arrangements, (d) a resolution condemning nuclear weapons tests especially those carried out in the atmosphere, and the states were called upon to refrain from conducting such tests as they could contaminate the environment, (e) a
9 Treaty on principles governing the activities of states in the exploration and use of outer space including the moon and other celestial bodies, 610 UNTS 205. 10 OAU has been replaced by African union from 9 July 2002.
resolution recommending that June 5 be designed as a World Environment Day, (f) a resolution on the convening of a second conference on the human environment, and (g) the decision to refer to governments recommendations for action at the national level ii. UNEP during 1972-82 and other environmental development- the role of the UNEP remained more of a promotional than of an operational nature during 1972-82. In its first session in June 1973, the governing council of the UNEP took an important decision on convening a conference on human settlements (Habitat) by allocating $5 million to its budget. It approved a report on the Stockholm conference action plan and decided that the major task of the UNEP should be the identification and assessment of the environmental problems and to provide supporting measures such as information, technical assistance, training, and finance to deal with them. It was concerned with the establishment of necessary machinery for this purpose. As part of these decisions, in the matter of environment assessment (Earthwatch), the global environmental monitoring system (GEMS) and the international referral system for sources of environmental information (INFOTERRA) were created. The GEMS keeps a watch on dangerous and injurious pollutants and their transport, renewable natural resources, climate health and water quality. The INFOTERRA facilities access to the knowledge and experience in the environmental matters, and for this purpose, it has constituted a global directory and network of information. In the direction of environment management, during this period, a number of international and regional conventions were concluded. Notable among them are: a. The convention on international trade in endangered species of wild fauna and flora, 1973 b. The international convention for the prevention of pollution from ships, and its six annexes and two protocols, concluded on november2, 1973 (MARPOL 73/78), 11 and the related convention on the prevention of marine pollution from land-based sources, 1974 c. The convention on the law of the sea of December 10, 1982, containing XII on the protection and preservation of the marine environment (arts. 1927-237)
11 www.imo.org/conventions/listofconventions/international-convention-for-the-prevention-of-pollution-from- ships-(marpol).aspx the convention address the incidents of oil spills such as the torry canyon in 1967.
d. The 1979 convention on long-range transboundary air pollution, concluded between European nations 12 and eight protocols adopted thereto 13
e. The Paris convention for the prevention of pollution from land-based sources, 1974, including the 1986 amending protocol, concerning pollution of the sea from rivers, etc. f. Environmental modification convention, 1977, prohibiting the hostile use of environmental modification techniques, affecting the environment adversely. g. The 1981 west and central African marine and coastal environment protection convention iii. Nairobi declaration 1982 - the declaration stressed on the collective and individual responsibility of governments and peoples to ensure that future generation should be able to live in a condition which guarantees a life in human dignity for all. It asked for specific attention to technical innovation in promoting resources substitution, recycling and conservation. States were asked to promote the progressive development of international environmental law, including conventions and agreements. The Nairobi meeting also decided to create a special commission to propose long-term environmental strategies for achieving sustainable development to the year 2000 and beyond. The decision was endorsed by the governing council of the UNEP in 1987, and later by the general assembly. In pursuance of the Nairobi declaration, the general assembly by its resolution in 1982, established an inter-governmental committee on the development and utilization of new and renewable sources of energy. The committee was entrusted with the task of recommending policy guidelines to different organizations and bodies within the united nations system regarding new and renewable sources of energy, and monitoring its implementation, and to review the activities of the united nations system in that domain. The most significant development of the 1980s, after the Nairobi conference, was the Vienna convention for the protection of the ozone layer concluded in March 1985, to be followed by the Montreal protocol on substances that deplete the ozone layer of September 16, 1987. The convention on the ozone layer, 1985, provides for scientific cooperation and periodic conferences to contain the emission of these gases. The protocol requires the
12 18 ILM 1442 (1979); entered into force on march 16, 1983 13 Sept. 28, 1984 sofia protocol; nov. 18, 1991 geneva protocol; 1994 oslo protocol; two 1998 aarhus protocols; and 1999 gothenburg protocol came into force in 1990
parties to limit the consumption of CFC and halons. It provides a time-table on which the production of those substances must be phased out and eventually eliminated. It aimed at curtailing CFC by half by 1998. Parties to the protocol agreed to set year 2013 as the time to freeze the consumption and production of halogenated CFC (HCFC). They also agreed to start reducing its consumption and production in 2015. The protocol originally requires parties other than developing countries to freeze consumption and production of CFC at 1986 levels (the base year), to reduce them by 20% and then an additional 30% by 1999, and to freeze consumption of halons at 1986 levels. India and china initially did not sign the protocol on the basis of polluter pays principle, and common but differentiated responsibility principle. The demanded compensation to switch over to new technology to replace the sources of energy emitting harmful gases in the upper atmosphere. They also wanted free/concessional transfer of technology to them to replace the present technology. The protocol allotted developing countries 300grams per capita consumption per year, until 1989, and then this consumption to be frozen at the 1989 level. From this level it has to be reduced. India initially did not see any justification in ratifying the protocol, since its release of CFC is very negligible, equal to one and a half day`s total yearly release of the world. iv. Development after 1990- a meeting on environment in the form of United Nations conference on environment and development (UNCED) was convened at Rio de janerio from June-3-14, 1992, also called Earth meet. The conference principally focused on the problem of greenhouse effects. Deliberations on these issues resulted into the adoption of the United Nations framework convention on climate change (FCCC), the convention on biological diversity (CBD) as well as the Rio declaration, Agenda21, and other relevant international agreements relating to the environment, economic development and human rights. 1. Climate convention (FCCC) - the inter governmental panel on climate change (IPCC) was established by the UNEP and the world meteorological organization to investigate the potential severity and impact of global climate change, and to sugget possible policy response. In its report IPCC concluded that atmospheric concentration of greenhouse gases was increasing and if his trend continued, it would lead to the warming of the earth`s surface. The aim of
the climate convention is to stabilize atmospheric concentrations of greenhouse gases at a level that will prevent human activities from interfering dangerously with the global climate system. The convention itself, however, does not set any mandatory limits on greenhouse gas emissions for individual countries and contains no enforcement mechanism. Instead, it has been done through protocols that set mandatory emissions limits. The principle protocol in this regard is the Kyoto protocol, adopted in 1997. The parties to the convention meet annually from 1995 in conferences of the parties (COP) to assess programs in dealing with climate change. Despite the obligations contained in the convention, no progress was registered in limiting the emissions of greenhouse gases till the 3 rd conference of the parties (COP3). In December 1997, the COP 3 adopted the Kyoto protocol. The core obligation of the protocol states that annex 1 parties shall, individually or jointly, ensure that their aggregate anthropocentric carbon dioxide equivalent emissions of specific greenhouse gases do not exceed their assigned amounts and that their overall omissions of such parties are reduced by at least 5% below 1990 levels in the commitment period 2008-2012. 14 The protocol also established the flexibility mechanism to achieve these targets and timetables related to emissions trading, clean development mechanism and joint implementation. At COP 15, which took place in Copenhagen, Denmark in December 2009, the overall goal for the COP and the meeting of parties (MOP 5) was to establish a global climate agreement for the period from 2012 when the first commitment period under the Kyoto protocol expires and which was required to be renewed. Ministers and officials from 192 countries took part in the Copenhagen meeting. 2. Agenda 21- the agenda was response to united nations general assembly`s call of December 22, 1989 to halt and reverse the effects of environmental degradation in the context of increased national and international efforts to promote sustainable and environmentally sound development in all countries. Towards this end, 40 chapters of the agenda are divided into the following four main sections: A. the social and economic dimensions: it
14 The 1990 emission levels were accepted as benchmark by the COP were the values of global warming potential calculated for the IPCC 2 nd assessment report.
deals with international cooperations to accelerate sustainable development in developing countries, combating poverty, changing consumption patterns, demographic dynamics and sustainability, protecting and promoting human health, promoting sustainable human settlements, policy making for sustainable development. B. conservation and management of resources for development: it relates to atmospheric protection, an integrated approach to land resources use, combating deforestation, protecting mountain ecosystem, meeting agricultural needs without destroying the land, sustaining biological diversity etc. C. strengthening the role of major groups: it includes the action for women, roles of children and youth, NGO`s, local authorities, business and workers in sustainable and equitable development, social patterns for sustainable development. D. means of implementation: it includes science, technology transfer, education, financial resources and mechanism, making environmentally sound technology available to all, science for sustainable development, promoting environmental awareness, bridging the data gap, etc. Rio declaration- the Rio declaration on environment and development, adopted at the Earth Summit, contains 27 principles, which reflected 2 major concerns: the deterioration of the environment and its ability to sustain life, and the Deeping awareness that long term economic progress and the need for environmental protection must be seen as mutually interdependent. The declaration emerged asa compromise between industrialized and developing countries. Principle 11 of the Rio declaration calls for the adoption of environmental standards at the national level. Principle 16 encourages the internationalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle bear the cost of pollution (polluter should pay principle), with due regard to the public interestand without distorting trade and investment. The declaration is not legally binding, but a strong moral commitment exists to adhere to the principles. A non-legally binding set of principles was also adopted for the management, conservation and sustainable development for all types of forests. The food and agriculture organization, as a follow-up action to the Earth Summit, hosted a meeting in march 1995 at Rome on the protection, sustainable development and conservation of the world`s forests.