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Unit 3 Conservation Policy: Land and Marine

Objectives
After completion of this unit, the students will be aware of the following topics: Basic Principles of Land Conservation Recent developments in the Conservation Policy UNCCD Enforcement and Compliance by India Marine Conservation Enforcement and Compliance by India

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Introduction
Throughout the decades, the issue of degradation of land in dryland areas has continued to decline. Desertification is not the enlargement of existing deserts but the degradation of land in semi-arid and dry sub-humid regions, which also serves as a habitat to many species. It is a gradual process of soil loss in productiveness and the thinning out of the vegetational cover because of human activities & climatic variations like sustained droughts and floods. Geological process is a worldwide problem directly affecting 250 million people and 1/3rd of the Earth land surface of Earth over four billion hectares. While desertification impacts Africa the nearly, where 2/3rds of the continent is desert or drylands, it is not a problem limited to drylands in Africa. Universally, some 70 % of the 5.2 billion hectares drylands used for agribusiness are already degraded and endangered by desertification. Desertification is at the root of political and socio-economic issues and poses a menace to the environment equilibrium in impacted regions. It also has dangerous natural outcomes. It makes land regions flood-prone, causes soil salinisation, leads to the worsening of the quality of silting of rivers, water, streams, and reservoirs. Consequently, to fight desertification, the first global Convention

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was followed in Paris on 17 June 1994 known as United Nations Convention to Combat Desertification). It is the first and only international legal instrument to address the issue of desertification. Although this issue was initially discussed at the UN Framework on Desertification held in Nairobi, Kenya in 1977, because of lack of support, the framework was not put into place. United Nations Convention to Combat Desertification is the only Convention stemming from a direct recommendation of United Nations Conference on Environment and Development in 1992. The Convention came into force on 26 December 1996. Today, there are one ninety nations which are parties to the Convention.

3.1 Basic Principles of Land Conservation

UNCCD is based on the basic principles of partnership, participation, and decentralisation. The Convention provides a model in which developing nations, donor nations, nongovernmental organisations and inter-governmental institutions, can join in a new partnership for progress. The reason for entering into such a business concern is that arid, dry sub-humid and semiarid regions together explain important proportion of the Earths land area and is the habitat and source of living for a large section of its population. The Convention is also based on the conception that desertification & drought affect sustainable development by their interrelationships with significant social issues like poverty, lack of food security , poor health and nutrition, , and those arising from displacement of persons, migration, and demographic dynamics. The Convention also stresses the significant role played by women in regions affected by desertification or drought, especially in developing nations. It ensures that both men and women fully take part at all phases of programme to combat desertification.

According to the Convention, desertification is land degradation in arid, semi-arid, and dry sub-humid areas resulting from various factors, including climatic variations and human activities.
The basic objective of the Convention, i.e. to fight with desertification includes activities which are a component of the integrated growth of land in arid, dry sub-humid and semi-arid, and regions for sustainable development. These activities are targeted at the prevention and minimisation of land degradation,

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rehabilitation of partly degraded land, and reclamation of desertified land.

Obligation of Parties
The Convention divides these responsibilities into three parts. Apart from the general responsibilities of the parties, there are specific responsibilities of the affected nations and developed nations. The Convention lays down that the Parties shall implement these responsibilities either individually or jointly and should coordinate efforts and develop a long-term approach at all levels to fulfil these responsibilities. Among the general responsibilities of the Parties, the Convention insists that programme to combat desertification and mitigate the impacts of drought must not be conceived in apart, but should be incorporated into developmental policies as whole. The Convention also places special stress on the economic environment, both domestically and internationally, and makes it clear that this must be ordered so as to enable desertification to be undertaken effectively. Parties are obliged to give due attention to the impacts of trade, marketing arrangements, and debt on the affected developing nations among them. Parties are also bound to incorporate their anti-desertification efforts with schemes for impoverishment eradication. The general responsibilities of the Parties stresses the importance of cooperation within regions, and sub-regions, inter-governmental organizations, and internationally. The Convention also emphasizes the need to Promote cooperation among affected country Parties in the fields

of environmental protection and the conservation of land and water resources, as they relate to desertification and drought.
In addition to these general responsibilities, the affected country Parties and developed country Parties have special responsibilities to be accomplished by them. Affected country Parties are needed to establish strategies, allocate adequate resources, and priorities, promote awareness, and facilitate the participation of local people, especially women and youth in the steps to combat desertification. The Parties should strengthen their existing legislations and enact where needed, new laws and policies to combat desertification. On the other hand, developed country Parties are needed to actively support these affected parties, especially the least developed, in

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combating desertification. They are obliged to provide substantial financial resources and other forms of support like technology and knowledge to the affected nations.

3.2 Recent developments in the Conservation Policy

The Convention has now accomplished maturity and is emerging from the preparation of national action programme to their implementation. Till date, the Conference of Parties has met six times. During Conference of Parties 5, a subsidiary body to the, i.e. the Committee to Review the Implementation of the Convention) was formed. Assessment of the national action programme by the parties in 2000 and 2001 showed that the strengthening of capacities for fundamental actors at the local level proved successful in identifying and addressing challenges linked to sustainable development. The bottom-up strategy of the Convention helped strengthen relationships between local communities and governments and, especially in larger nations. It also preferred the decentralized involvement of stakeholders and natural resources end users in the development process. During the first session of the CRIS held during 1122 November 2002 in Italian capital, Rome, many advanced solutions were discovered by country Parties. The exchange of selective information on best practices and their replication globally are required to further prompt an effective fight against desertification and strengthen South-South and North-South cooperation among nations and regions. In the World Summit on Sustainable Development in Johannesburg, the governments turned the Global Environment Facility to become a financial mechanism for the Convention. In October 2002, GEF adopted the decision of becoming a financial mechanism for United Nations Convention to Combat Desertification and also designated land degradation as its fifth focal area. The most recent assembling on Desertification, i.e. Conference of Parties 6, was convoked from 25 August to 6 September 2003 at Hawaii, Cuba. The Conference of Parties 6 marked the transition from consciousness-raising to implementation. Some very

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significant steps were taken during this meeting which includes designation of Global Environment Facility as a financial mechanism for the CCD and recognition of CRIC criteria for the Conference of Parties 7 review. Substantive progress in the area of science and technology was also made with the Conference adopting suggestions made by the Committee on Science and Technology, which promoted institutions and non-governmental organisations to develop and test indicators and benchmarks and, invited parties to carry out pilot studies on early warning systems, and proposed the collection of case studies from local and indigenous communities on traditional knowledge. The Havana Declaration which resulted from the two-day discussions among the thirteen chiefs of state and government, was appended to the more substantial Conference of Parties decisions. The Declaration commits governments to pursue peace, sustainable development, multilateralism, and comply with international law. It notes that people living in affected regions need to be at the centre of all programme to combat desertification, and urges the improvement of economic, social, and environmental conditions of the poor. The decisions adopted at the Conference serve as a roadmap for action until the next Conference of the Parties in two years.

3.3 UNCCD Enforcement and Compliance by India

India became a signatory to the United Nations Convention to Combat Desertification on 14 October 1994 and ratified it on 17 December 1996. The Ministry Of Environment and Forests, being the nodal Ministry for all environment and forest related matters, was made the focal point for coordinating the implementation of the CCD. Though, various other Ministries are also involved in implementing specific schemes and projects to combat desertification and drought under the overall priorities determined by the Planning Commission in each 5 Year Plan. The Indian Government had initiated a number of measures for the protection and conservation of natural resources and ecosystems right from the inception of the 1st 5 Year Plan in 1950-51. Over the last few decades, a large number of initiatives have been taken to strengthen programme and schemes, policy outlines and institutional frameworks in the sectors of social welfare,

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agriculture, poverty alleviation, rural development, environment and forests, which have a direct concerning on enhancing the economy and protection of our resources. The Constitutional Amendment in 1992 has invested more power and role to the local communities. In addition to the land-based programme, a variety of programme/schemes are being implemented in the social sector by the Department of Education, Department of Family Welfare, Ministry of Social Justice and Empowerment, Department of Women and Child Development, Ministry of Rural Development, etc. which are relevant in the concern with community development/uplift and rehabilitation in the dry land regions of the country. Various sector and cross-sector projects and programme in context of desertification control were launched in the beginning and are going forward within the framework of the 10th 5 Year Plan. Different Ministries service these programme. Some of the major programmes are:

Afforestation Programme Drought Prone Area Programme (DPAP) Desert Development Programme (DDP) National Watershed Development Programme for Rain-fed Areas (NWDPRA) Indira Gandhi Nahar Project Soil and Water Conservation in the Catchment of River Valley Projects Development of Ravine Area

The latest initiative in the support of combating desertification is the launch of a new scheme called as the National Action Programme for Combating Desertification. Under this scheme, the affected States can take up specific activities for mitigating drought through a participatory process. The concentration of the Programme is in regions which are considered significant by the Convention, but have not been adequately treated by the Indian Government, namely, improving organisation and institutional capacity at the grass root level, promoting alternative livelihoods, etc. Depending upon the evaluation of ongoing strategies and programme and assessment of current and future needs to combat

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desertification and mitigate the impacts of drought, the Programme would be tailored to provide the force on meeting community needs of drinking food, water, fodder, and fuel wood, with a perspective to enhance their quality of life. In order to provide research support to the various programmes for combating desertification, the Indian Government has laid down a network of national level research institutes. Institutes involved in combating desertification are:

Central Research Institute for Dryland Agriculture, Hyderabad Central Arid Zone Research Institute, Jodhpur Central Soil Salinity Research Institute, Karnal Central Soil and Water Conservation Research Institute, Dehradun Indian Grassland and Fodder Research Institute, Jhansi National Research Centre on Agroforestry, Jhansi Water Technology Centre at Indian Agriculture Research Institute, New Delhi

A network of forestry research institutes under the Indian Council of Forestry Research and Education (ICFRE), Dehradun, conducts research on issues related to rehabilitation of degraded lands and increasing productivity of forests. A Desertification Cell in the MoEF has been laid down under the National Afforestation and Eco-development Board. These specific schemes and research efforts are confirmed by institutional policy and legislative measures. As far as the policies are related there are several policies conducting with specific sector and cross-sector issues. Although most of them do not discuss desertification per se, they have significant implications for combating it. The National Land Use Policy takes into account the legal, environmental, economic, social, and demographic issues. The Policy is proposed to have dynamic conservation, sustainable development, and equitable approach to the profits of interference as its thrust.

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The National Land Reform Policy, permits greater approach to bring by the landless rural poor and renders road map for creation of land reform legislation or statements to be initiated by the Union Territories and States. The National Forest Policy, which is targeted at environmental maintenance and stability of ecological balance, also allows the demand to gain forest cover on semi-arid, arid, and desert tracts. The Draft Grazing and Livestock Management Policy is not however a national policy. It is a policy conducting with grazing and livestock management. One of its primary opening move is to formulate large blocks of land away from human habitations in arid and semi-arid regions as grass reserves for higher production. This is particularly needed for chronically drought prone states like Gujarat, Rajasthan, and Haryana. Major policies/strategies having a bearing on desertification:

National Land Use Policy Outlines, 1986 National Forest Policy, 1988 National Conservation Approach and Policy Statement for
Environment and Development, 1992

Draft Grazing and Livestock Management Policy, 1994 National Agriculture Policy, 2000 National Population Policy, 2000 National Water Policy, 2002 National Land Reform Policy Draft National Policy for Common Property Resource Lands National Policy on Environment Environmental Action Plan
The Draft National Policy for Common Property Resource Lands (CPRLs) attempts to allow for support to the individuals and their production systems by restoration, regeneration, protection, and development of CPRLs. The National Agricultural Policy, 2000, spotlights the significance of social forestry and agroforestry in the maintenance of ecological

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balance and augmentation of biomass production in agricultural systems. The new National Water Policy, 2002, repeats the significance of optimal use of water resource. In view of the vital importance of water for human and animal living, to maintain ecological balance and for economical development activities of all kinds, and taking its increasing scarceness, the planning and management of this resource and its economical, optimal, and equitable use has become a subject of extreme urging. Concerns of the community need to be taken into account for water resource development and management. As far as the legal and regulatory framework is concerned, there is no specific law dealing with desertification per se. Though, in India, there are several legislations targeted at conservation and management of natural resources and preservation and protection of the environment. Environmental issues that have been part of Indian thought and social fabric are reflected in Indian Constitution under Articles 48A and 51A (g). The Panchayati Raj institution supplies strong institutional structure at the village level for execution of desertification control schemes. On the institutional side, the National Land Use and Wastelands Development Council (NLWC) launched in 1985 is the highest policy planning and coordinating agency for all issues concerning the country land resources of the country. A Desertification Cell in the Ministry of Environment and Forests has been launched under the National Afforestation and Eco-development Board. This would be further strengthened to comprise of a multi-disciplinary team which includes forestry agriculture, geo-hydrology, environment science, , social sciences and rural development. Apart from all these steps taken by the Government of Indian Government, it is also intended to start activities that include assessment and mapping of drought monitoring, land degradation, early warning system groups, drought readiness contingency plans and on-farm research activities for the development of indigenous technology. Under United Nations Convention to Combat Desertification, a Regional Action Programme for Asian nations has been formulated to strengthen the existing capacity of the parties and to network each other for effective measures to combat

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desertification. Under this programme, 6 Thematic Programme Networks (TPN) have been distinguished. Although the above observed efforts have been substantial to an extent in combating drought and desertification and in reducing their effects, much more requirements to be done viewing the magnitude of the problem. To reconstruct the total dangerous area, an organised effort likewise importantly enhanced budgetary support would be needed.

3.4 Marine Conservation

The preservation and protection of the marine environment under Part XII of the United Nations Convention on the Law of the Sea 1982 renders a comprehensive legal model for controlling the serious degradation of the marine ecosystem. Though Articles 192 237 deal with protection and preservation of the marine environment as such, environmental provisions dealing with maritime zones are also found elsewhere in the Convention. The importance attached to the provisions of the environment of the Law of the Sea under the Convention is evident in Article 1 of the Preamble, which provides that: Consequently, the States Parties recognize the desirability of establishing through this Convention, with due regard for the sovereignty of all States, a legal order for the seas and oceans which will facilitate international communication, and will promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment. It can, therefore, be seen that unlike the 4 Geneva Conventions on the Law of the Sea, 1958, the 1982 United Nations Convention on the Law of the Sea offers for a comprehensive environmental law regime governing the uses of the seas, which includes exploitation and exploration of their resources.

Structure of Part XII of the UNCLOS, 1982

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The Structure of Part XII reflects a complex scheme for the protection and preservation of the marine environment. For convenience it can be divided up into: (i) General provisions; (ii) Rules for worldwide and regional cooperation; (iii) Technical assistance and monitoring; (iv) Harmonization of international and national rules; and (v) Enforcement and safeguards and special provisions.

General provisions
States have the responsibility to preserve and protect the marine environment. This simple sentence though not determined to the prevention of prospective damage to the marine environment, also reaches the preservation of the marine environment. Preservation would need a more pro-active stratefy by states to maintain and improve the present condition of the marine environment. The word protect represents measures concerning to approach or existent danger or combat injury. The word preserve points towards conservation of natural resources and retention of the quality of the marine environment between appropriate limits and measures generally stipulatory. Conservation is the term that is generally used to cite to the protection of the living resources. Protection and preservation on the other hand denote the marine environment, which is used during the Convention, as a matter of long term policy. Article 193, while reiterating the right of states to permanent sovereignty over their natural resources, calls for preserving the rights of other states. It states:

States have the sovereign right to exploit the natural resources pursuant to the environmental policies and in accordance with their duty to protect and preserve the marine environment.
This right to permanent sovereignty over natural resources has in general been assumed to be customary law and was also thought over in Principle 21 of the 1972 Stockholm Declaration, which provided that:

States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to

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exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within the jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction.
As regards the definition of pollution of the marine environment the Convention says that it means:

The introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hinders marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities.
It calls upon states to take all standards to ensure that actions under their legal power or control do not cause harm by pollution to other nations and their environment and the pollution originating from incidents or activities under their jurisdiction does not spread beyond the regions on which they exercise sovereign right with this Convention. States are also bound to adopt assesses to reduce to the fullest extend possible the pollution of the sea caused by: pollution from vessels caused by accidents or emergencies and also intentional or unintentional discharge through vessels or ships, as well as regulation of the design, construction, equipment, operation, and manning of vessels; release of toxic, harmful, and noxious substances, especially which are persistent; from land based sources; from or through the atmosphere; and by dumping; pollution from installation and devices operating in the marine environment which are involved in preventing accidents and ensuring safety of operations at sea. pollution from installation and devices used in the exploration or exploitation of natural resources from the sea;

Global and Regional Cooperation

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The Convention though international in nature, calls upon states either on a regional or global basis, through competent international organizations or through directly, in developing international standards and rules and recommended procedures and practices for the preservation and protection of the marine environment. It provides a customary duty of notifying existing or imminent pollution which is probably to cause damage to states, as well as other competent international organizations. Moreover, while attempting such notification, the Convention allows for that is the obligation of all states to cooperate to the extent potential in accordance with their capabilities, with the efficient international organization in removing the impacts of pollution and preventing or reducing the harm caused. The Convention has appealed broader acceptance by a number of developing and lesser-developed nations as it allows for preferential discussion to them in their attempts to keep control, or bring down pollution. Such help is by way of allocation of proper technology transfer, financial resources, , and assistance in capacity building and training. As regards, monitoring and environmental assistance of risks or impacts of pollution on the marine environment, the Convention provides that states are obliged to keep under surveillance the impacts of activities, which are probably to cause harm to the marine environment.

Harmonisation of International Rules with National Legislation

The Convention lays down a framework for adoption and development of national measures for the protection of the marine environment. One of the significant activities of the Convention is to allow for international standards and rules for the enactment of marine pollution abatement actions. This would require harmonization of national regulations and laws with international standards, rules, and recommended procedures and practices relating to the protection and preservation of the marine environment. During the negotiations of the Convention, developing nations had serious

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objections to harmonization, as it would affect developmental activities and progress in regions relating to international shipping, increasing land based pollution of the sea, and the potential effects of growing exploitation of the seabed and subsoil. It was felt that concern for marine environment should not be a stumbling block to the socio-economic development of poorer states. As regards standards setting, Section 5 of Part XII executes with 6 sources of marine pollution. These must include pollution from: pollution from sea bed activity subject to national jurisdiction; land based sources; pollution by dumping; pollution from activities in the Area; pollution from or through the atmosphere, pollution from vessels;

As regards pollution from land-based sources, states are under an responsibility to adopt national legislations and regional and worldwide rules, while taking into account their economic capacities and also the need for their socio-economic development. Up to now, there is no worldwide treaty or convention that regulates land based marine pollution. Though, the United Nations Environment Programme is engaged in a Global Programme for Action for adopting detailed national, regional, and if possible, international rules and regulations for combating land based marine pollution on the ground of the Montreal Guidelines. On pollution from ocean floor activities, Part XII renders for harmonization of policies at the international and regional levels. Pollution from activities in the field is to be ruled by international rules, procedures and regulations, laid down in accordance with Part XI of the Convention. In July 2001 the International Seabed Authority, the body responsible for seabed activities, adopted the Regulation ruling Prospecting, Exploration, and Exploitation of Poly-metallic Nodules (Mining Code). This Mining Code renders for elaborate rules for next development of seabed resources and minerals, which is set to start in 2007.

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A combination of domestic legislation and international rules is imagined with regard to pollution by dumping. Nations are under a responsibility to follow a due diligence obligation to preserve the marine environment from dumping. The Convention also provides that dumping within the territorial sea, or the EEZ, or the continental shelf, may not be accomplished without the express prior approval of the coastal state. In response to Part XII of the Convention, which is instead generic in nature, the international community put in place a comprehensive regime to influence pollution by dumping in 1972, called the London Convention. This Convention, which is broadly bound to, rules the disposal at sea of wastes or any other matter from aircraft vessels,, platforms, or any manmade structures at sea. The London Convention experienced a revolutionary change when it was amended in 1996 by a Protocol, which adopts a precautionary strategy to dumping of wastes at sea. Another aspect regulated is the Pollution from Vessels. It renders that nations are under a responsibility to demonstrate international rules and standards and domestic rules and laws of at least the same impression. States also have an obligation to encourage the adoption of measures with regard to harbours, ports and national waters that includes territorial sea and EEZ. As regards territorial sea, while adopting anti-pollution laws, coastal states have an obligation to ascertain that they do not halter the innocent passage of foreign vessels. With regard to EEZ, coastal states may adopt rules and regulations committing outcome to generally accepted international standards and rules. Moreover, discipline to stringent measures applied by skilled international organisations, coastal states may assume special mandatory provisions for implementing international norms and standards. With regard to pollution from vessels, one of major origins of marine pollution, the Convention addresses states to establish international standards and rules to prevent control reduce, and pollution of the marine environment from vessels. The main international convention regulating marine pollution from vessels is the International Convention for the Prevention of Pollution from Ships, as modified by the Protocol of 1978 (MARPOL 73/78). It lays down particular international regulations whereby states attempt to carry off intentional pollution of the marine

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environment by oil and other harmful substances and minimize all accidental discharges. The Convention has attracted widespread support, while two of its five annexes have not yet come into force.

Enforcement Provisions
The Convention allows for Port State and Flag State and legal power for the prevention, minimization, and ascertainment of pollution of the marine environment induced by vessels. States are compelled to ascertain that vessels sailing their flags or of their registry are prohibited from sailing unless they comply with the necessities of international rules and standards. Special Provisions Besides these essential provisions, Part XI of the Convention comprises particular provisions on ice-covered regions and the liability, responsibility, and sovereign immunity of state ships. The Convention gives for coastal provinces to adopt and enforce non-discriminatory laws for the prevention, minimisation, and control of marine pollution in ice-covered regions. The Russian Federation, Canada, USA,, and other states who did not oppose the presence of such an article in the Convention surround the Arctic region. Moreover, issues regarding navigation and ecology in icecovered regions are addressed under the Convention. This in turn would mean that the competence of coastal states over marine pollution caused by vessels in ice-covered regions extends upto the outer limit of the EEZ. Such a legal basis saw Canada adopting the Canadian Arctic Water Pollution Prevention Act, 1970, regarded by many as a unilateral measure to protect the fragile marine environment of the Arctic region. States are made responsible and liable for causing damage to the marine environment. Principle 22 of the Stockholm Declaration, which influenced the insertion of such a clause during the negotiation stage of the Convention, provides: States shall cooperate to develop 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 regions beyond their jurisdiction. It may be required to note that the International Law Commission has, after a debate of more than fifty years, finished its work on

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rules of Obligation of Provinces. Violation of an international responsibility means commission of an unlawful act for which compensation or reparation has to be paid by the error-prone province. Though the ILC has recently finished the work on the obligation of states, the right to reparation upon suffering a legal injury by a state is acknowledged as a part of customary law, accepted by all nations. The maxim of sic utero tuo ut alienam non laedas has instituted a basis of obligation in national and international laws. As opposed to obligation that means only on the violation of an international responsibility, indebtedness as a topic is also the agenda of the ILC. The topic is being regarded as International Liability for Injurious Consequences Arising out of Acts not prohibited by International Law. The ILC is considering such topic under 2 broad headings: 1. Prevention of Transboundary Damage caused by Hazardous Activities and 2. Allocation of Loss, as a part of the compensatory regime. The Convention states that it would be unsuitable to any naval auxiliary, warship, other vessels or aircraft possessed or controlled by provinces and used for the time being only on government noncommercial service, with regard to protection and preservation of the marine environment.

3.5 Enforcement and Compliance by India

Though it would be concerning to analyse the complete state pattern of India in the area of marine environment, it would be an unmanageable practice because of time and space for the purposes of this publication. Be that as it may, some of the significant environmental issues faced by India relate to conservation of forests, preservation of grasslands, wetlands, mangroves, and the others related to sustainable use of natural resources, which could include regulation of industry, forestry, marine resources, agriculture, and movement of hazardous wastes. There are a number of general laws ordained by the State Legislatures, and Parliament of India and which provide for elaborated rules towards environmental prevention and protection

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of pollution and other man-made hazards. One of the most former such laws is the Indian Penal Code, 1869, which allows for environmental related criminal offence like pollution, trespass, nuisance, and handling of other hazardous substances. Under the framework of the Constitution of India, a number of subjects are mentioned in which environmental obligations to preserve the natural resources of the country have been enumerated [Articles 48-A and 51-A(g)]. Further, the Constitution also entails process in Article 252 and 253 for following domestic legislations with effect to the requirements of 2 or more states. It may also be noticed that the Union Government, in prosecution of the Stockholm Declaration of 1972 & acting under Article 253, adopted the Water Prevention and Control of Pollution Act, 1974, and the Water Prevention and Control of Pollution Cess Act, 1977. India has a coast line of 6,100 km. covering into the Indian Ocean, with a advance of 1,400 km of islands in the Bay of Bengal and Arabian Sea and the. It has an undivided economic geographical zone of 2.02 million sq. kms and a menace to these regions from marine pollution and other oil pollution does not have a particular legal protection. As regards islands the Lakshadweep in Arabian Sea and Andaman and Nicobar in the Bay of Bengal the Government of Indian Government establish an Island Development of Authority (IDA) under the chairmanship of the Prime Minister in 1985. The IDA oversees the activities of these islands and ensures the socio-economic development and protection of eco systems therein. Lately, the Indian Government announced some particular biodiversity rich marine regions as Marine Sanctuaries and Marine National Park and. Such National Parks/Sanctuaries are located in Gujarat, Andaman and Nicobar Islands and Tamil Nadu. Apart from this, marine species like certain rays, and sharks and all Giant Groupers, several species of Coral all Sygnathidians, all several species of Molluscs, all Holothurians, certain sponges, etc. have also been included in Schedules of the Wildlife (Protection) Act, 1972, thereby giving them the highest degree of protection.

Environment Protection Act, 1986

Taking into account the need to have a comprehensive legislation covering various spheres affecting the environment, the Union Government in 1986, enacted the Environment (Protection) Act. It

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is a piece of umbrella legislation for the protection of environment and for matters connected therewith. As regards the coastal regions of India, which are subjected to various forms of environmental degradation like dredging, oil spills, pollution, aquaculture, and unsuitable constructions, the Government of Indian Government has released a notification on Coastal Regulation Zones in 1991. The coastal zone regulation also controls the threats to coral reefs and the mangrove ecosystems. India has ordained lawmaking in a number of areas effecting upon the marine environment. The aquatic and marine resources of India were passed upon by the Indian Fisheries Act, 1897, which attempts to lay down penal offences for the placement of poisonous material or explosive substances or in the water with the intent of destroying the catch of fish. India has ordained national laws or become party to international Conventions by having preserved the marine environment. Amongst them, India became a Consultative Party Member of the Antarctic Treaty system in 1983 and has signed the Protocol on Environmental Protection to the Antarctic Treaty. As considers maritime safety, India is a party to the International Convention for the Safety of Life at Sea, in 1974. To promote regional cooperation in the SAARC area under the UNEP Regional Seas Programme, India is a party to the South Asian Cooperative Environment Programme (SACEP). In addition, India has also signed the International Whaling Convention and the Ramsar Convention on Wetlands of International importance, in 1971. (Refer to Annexure 2 and 3)

3.6 Student Activity

Make a draft summarising about the UNCCD Enforcement and Compliance by India.

3.7 Summary
If looked at universally, United Nations Convention To Combat Desertification has been efficient in combating geological process particularly in Africa. The Convention has now achieved maturity and is emerging from the formulation of national action

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IT Applications in Port and Shipping

programme to their execution. Judgment of domestic action programme by the parties in 2000 and 2001 proved that the strengthening of capacities for key actors at the local level proved successful in identifying and addressing challenges linked to sustainable development. The bottom-up strategy of the Convention helped strengthen relationships between governments and local communities, particularly in larger nations. It also favoured the decentralised involvement of stakeholders and natural resources end users in the development process. Throughout the meeting of the Committee for the Review of the Implementation of the Convention in 2002, many innovatory solutions were identified by country Parties. The exchange of information on best practices and their replication worldwide are expected to further propel an effective fight against desertification and strengthen South-South and North-South cooperation among nations and regions. The measurements of conservation, especially with respect to natural resources of marine environment help in keeping the ecological balance of the marine environment. In this way, the concepts of Part XII of the Convention go much further than merely combating pollution after it has already happened. It means taking of legal and administrative measurements & the application of scientific methods and procedures which do not simply arrest deterioration of marine eco-systems, but also allow for the means for preserving and protecting the marine environment from harmful impacts of pollution and other hazards. UNCLOS, 1982, renders for the most countrywide authorities ruling all aspects of preservation, access, utilisation, use, and protection of marine regions and environment. It sets out the limits of coastal states jurisdiction over unlike maritime zones and allows for the set up of an International Seabed Authority to empower and control exploitation and exploration of resources of the international seabed area, beyond the limits of national jurisdiction. Similarly, exploitation in the Economic Exploitation Zone is specified by a responsibility to ensure proper conservation and management evaluates in so that living resources in the EEZ are not threatened by over exploitation.

3.8 Keywords

UNIT 1 Introduction to Port and Shipping

21
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Structure of Part XII of the UNCLOS, 1982: It reflects a complex

scheme for the protection and preservation of the marine environment.

The National Land Use and Wastelands Development Council (NLWC): It is the highest policy planning and coordinating agency
for all issues concerning the country land resources of the country.

The National Agricultural Policy, 2000: It spotlights the

significance of social forestry and agroforestry in the maintenance of ecological balance and augmentation of biomass production in agricultural systems.

3.9 Review Questions

1. What are the basic principles of land conservation? 2. Explain the recent developments in the conservation policy. 3. Describe the UNCCD enforcement and compliance by India. 4. Explain the marine conservation. 5. Discuss about the enforcement and compliance by India.

3.10 Further Readings

Books
Alexander Yankov, The Law of the Sea Conference at the Crossroads, Virginia Journal of International Law, 1977, Vol. 18, pp. 31 and 36; Also see P. S. Rao, India and the Law of the Sea, World Focus, Vol. 15 (9), 1992, pp. 15 to 19.

Web Readings
http://awsassets.wwfindia.org/downloads/mea_handbook_cel.pdf