Introduction

The concept of environmental protection is not limited to one country or

region. Therefore, there was a growing need for international
intervention in the world and various efforts were made to do so. The
proposals and declarations made by those efforts were a major turning
point in international environmental law. Among them is the Stockholm
Convention of 1972, and the modern validity of the issues discussed,
especially as far back as 1972, is important here. Therefore, this article
seeks to discuss the provisions of the Stockholm Declaration, the most
important environmental publication on 20th century environmental law,
with the practicalities of the 21st century.
The United Nations Conference on the Human Environment (UNCHE),
1972, also known as the Stockholm Conference, was a landmark event
in international environmental law. It was the first global initiative that
recognized environmental protection as a crucial factor in sustainable
development. The conference resulted in the Stockholm Declaration,
which laid down 26 principles guiding international environmental
governance and policy. It also led to the creation of the United Nations
Environment Programme (UNEP), which continues to play a vital role in
global environmental protection.

The United Nations Conference on

the Human Environment
In 1968-1969, the General Assembly, by Resolutions 2398 and 2581
decided to conduct the conference. The Stockholm Convention was held
in Sweden from June 5-16, 1972. The object behind this convention was
to "create a basis for comprehensive consideration within the United
Nations of the problems of the human environment," and to "focus the
attention of Governments and public opinion in various countries on the
importance of the problem.”
This convention led UNEP to coordinate global action for the protection
and preservation of the environment in December 1972.
Many issues were resolved before the actual conference by the
countries to limit the number of issues during the convention. This was
primarily done by the conference secretariat. The conference secretariat
headed by Mr. Maurice F. Strong planned the conference meticulously.

The convention adopted the following:

1. A basic declaration containing a set of common principles to aid the

people in protecting and conserving the environment.

2. A detailed resolution for financial and institutional arrangements for

environmental protection.

3. An action plan containing 109 recommendations. This aims to identify

and quantify the environmental problems, warn about any crisis, and to
adopt supporting measures, by establishing an Earthwatch.

At the end of the convention 26 principles were adopted and declared by

the participating states. This is known as the Magna Carta of the human
environment.

Significance of Stockholm
Conference/declaration

The declaration is divided into 2 parts. The first part contains seven
truths about man and his connection with the environment. It also
contains general observations, such as that men are both creators and
molders of their environment. The protection of the environment is a
pressing issue. It is the desire of the citizens of all the nations and the
responsibility of all the governments to protect and preserve the
environment. The second part contains 26 principles which form the
basis of the international policy for the protection and preservation of the
environment. Important points are :-

1. First International Recognition of Environmental Issues

 a.​ The conference marked the first major global recognition of the
importance of environmental protection.

b.​ It highlighted issues such as pollution, deforestation, biodiversity

loss, and climate change as concerns requiring international
cooperation.

2. Foundation for International Environmental Law

a.​ The Stockholm Declaration set fundamental principles that

influenced international treaties and domestic laws.

b.​ It laid the groundwork for later agreements like the Rio Declaration
(1992). the Kyoto Protocol (1997), and the Paris Agreement
(2015).

3. Creation of the United Nations Environment Programme (UNEP)

a.​ UNEP was established as a direct outcome of the conference to

coordinate international efforts on environmental protection.

b.​ UNEP continues to play a leading role in climate change policies,

biodiversity conservation, and pollution control.

4. Integration of Environmental Protection with Economic

Development

a.​ The conference introduced the idea that environmental

conservation and economic growth should go hand in hand,
leading to the concept of sustainable development.

b.​ It influenced later reports, such as the Brundtland Report (1987),

which formally defined sustainable development as "development
that meets the needs of the present without compromising the
ability of future generations to meet their own needs."
5. Impact on National Environmental Legislation

a.​ Several countries enacted environmental protection laws following

the Stockholm Conference.

b.​ In India, key legislations such as the Water (Prevention and

Control of Pollution) Act, 1974, and the Environment Protection
Act, 1986, were influenced by the principles established in
Stockholm.

c.​ The Right to a Clean Environment has been recognized under

Article 21 of the Indian Constitution as part of the right to life.

Principles of the Stockholm

Conference 1972
The 26 principles or the Magna Carta on the human environment are
dealt with in great detail. For better understanding, the principles are
grouped on their applicability and enforceability. They are as follows:

Human-centric (Principles 1 and 15)

Principle 1: Rights and Responsibilities for protecting the environment -

Humans have the right to use and enjoy nature. The right to enjoy nature
is not unfettered, it is coextensive with the duty to protect it. Art. 21 of the
constitution also safeguards the fundamental right of a healthy
environment. This principle also explicitly bars discriminatory laws.

Principle 15: Human settlement and Urbanization Planned settlements

and urbanization are required. They reduce the adverse effects on the
environment. The goal is to secure maximum benefits for all through
planning. All discriminatory plans are also barred.

Sustainable development (Principles 2, 3, 4, 5, 13 and 14)

Principle 2: Duty to protect natural resources Natural resources are
limited. We must use natural resources carefully. Preservation of
resources depends on effective planning and management.

Principle 3: Duty to preserve renewable resources Although renewable

resources are not depletable,their preservation is necessary for their
quality.

Principle 4: Wildlife Conservation - A combination of factors is

responsible for endangering wildlife. Humans have a special
responsibility for protecting wildlife. The inclusion of conservation of
wildlife in economic planning leads to sustainable development.

Principle 5: Duty to preserve non-renewable resources Non-renewable

resources are exhaustible. They are valuable resources. Exercising care
and caution is necessary to prevent them from depletion.

Principle 13: Rational Management of Resources States should adopt

rational methods to manage the resources and to improve the
environment. An integrated and coordinated approach is preferable.

Principle 14: Rational Planning - Conflicts between development and

conservation are reconciled with rational planning. Development and
conservation must go hand in hand.

Reflection on customary international law position (Principle 21)

States have the absolute authority to use natural resources according to

their policies. However, their policies shouldn't violate the principles of
international law and cause damage to other states outside its
jurisdiction.

Preventive actions (Principles 6,7,8 and 18)

Principle 6: Management of pollution - Pollution is harmful to the

environment. Discharging toxins and other substances in large quantities
are harmful to the ecosystem. Both the citizens and the states should
play an active role in reducing the dumping of harmful substances.

Principle 7: Management of sea pollution - The states should reduce sea

pollution by taking necessary steps to prevent substances hazardous to
human health, marine life, and the legitimate uses of seas.

Principle 8: Social and Economic development - The improvement of

social and economic conditions is necessary for a better living and
working environment. Improvements shouldn't affect the environment in
any way.

Principle 18: Application of science - Science and technology are

indispensable in today's life. They are used in almost every industry.
Science and technology are also applicable to the conservation of the
environment. It is useful for identifying and controlling environmental
risks. They are useful for finding solutions for environmental issues.

Compensation to Victims (Principle 22)

The States should join to further the scope of international law for
prescribing liability for those harming the environment. States should
also come together to compensate victims of environmental pollution or
damage.

Cooperation (Principles 24 and 25)

Principle 24: Cooperation with nations - Although each state has

exclusive jurisdiction to legislate on internal matters, international
cooperation is necessary for the holistic improvement of the
environment. States must recognize that environmental problems affect
all the states equally.Rv multilateral and bilateral agreements states can
control, prevent, and reduce environmental risks.
Principle 25: Coordination with nations Coordination between states is
crucial for alleviating the existing conditions. The states can jointly
coordinate actions and plans for improving existing environmental
conditions.
Other principles

Principle 11: Environmental Policy - The environmental policy of every

nation should be progressive. The policies of every state must enhance
and complement each other. The policies shouldn't restrict or adversely
affect developing countries. National and international organizations
should strive for better living conditions for all without affecting the
environment.

Principle 19: Education in environmental matters - Education is one of

the tools to spread awareness about the pathetic state of the
environment. The underprivileged, poor, illiterate should have access to
education. Education broadens the mind. Awareness about the existing
conditions is necessary so that people can jointly tackle environmental
matters.

Principle 20: Expanding scientific research - Researching and

developing methods nationally and internationally is important to tackle
environmental problems. There must exist a system where information
and research can flow easily across nations. Countries must also control
their spending on scientific research without burdening the economy.

Principle 9: Environmental Deficiencies - Natural disasters and

underdevelopment lead to deficiencies. Navigating through such
deficiencies is difficult. Requesting technological and financial assistance
to supplement the local efforts leads to a quicker and effective remedy.

Principle 10: Stability of prices and incomes - Stability in the prices of

essential commodities and stability of income is essential for the
environmental management of developing countries. Economic factors
are also part of the environmental process.

Principle 12: Education on environmental protection - Environmental

protection is the need of the hour.Every citizen should understand the
importance of environmental protection. Adoption of a suitable medium
like social media, print media, etc is crucial to spread awareness about
environmental protection.

Principle 16: Population Control - In areas where the population is

excessive and is likely to affect the environment, the states can
implement policies to control the growth of the population. These policies
shouldn't violate basic human rights. In today's world overpopulation is
one of the major reasons for the depletion of natural resources.

Principle 17: Setting up of national institutions - States should establish

national bodies for the control and management of environmental
resources within the state.

Principle 23: Implementing a national agenda - The States may find that
certain procedures and rules may not align the value system of the
country. In that case, the states need not follow such a procedure. The
states are also exempted if such procedures cause unwarranted social
costs.

Principle 26: Ban on nuclear weapons - Nuclear weapons are the most
destructive weapons. They cause more damage to the environment than
any other weapon. All the nations should come together to ban nuclear
weapons.

Effects of the convention

The Stockholm convention paved the way for other international
conventions on the preservation of the environment such as the
Convention on International Trade in Endangered Species of Wild Flora
and Fauna, 1973. In the same line, the Parliament of India passed the
Air (Prevention and Control of Pollution) Act, 1981, the Water
(Prevention and Control of Pollution) Act, 1974, and the Forest
Conservation Act, 1980 to give effect to the Stockholm convention.

The Stockholm convention was the first convention to discuss

environmental issues on a global scale. The declaration proclaims truths
relating to man and the environment such as man is the creator and
moulder of his surroundings.The declaration also reiterates the
importance of preservation of the environment. It urges citizens to come
together and protect the environment. The declaration recognizes
humans as the greatest threat to the environment. Humans are
responsible for almost all of the environmental destruction. Humans
have altered the human environment also.
The declaration discusses in detail the role of underdeveloped nations in
environmental problems and urges them to reduce their negative impact
on the environment. The industrial countries are not free from problems,
but their problems relate to industrialization and technological
development.The significance of humans and their contributions to the
environment are also discussed in detail. The declaration recognizes the
capability of humans to make strides in social progress and the use of
science to make a better environment. Individuals have the responsibility
to exercise care and precaution. Ignorant and careless actions lead to
the destruction and deterioration of the environment. To take careful
action, better awareness, and education about the protection of the
environment are required. Governments are directed to control their
internal actions by enacting and enforcing environmental laws and to
coordinate with other nations and international agencies to mitigate the
damage caused by pollution.

Problems and challenges

The declaration contains sound principles and beautiful proclamations,
however, the wordings of the declaration are unclear and ambiguous at
certain points. Almost 48 years since adopting the declaration the
condition of the environment has worsened.The presence of CO2
(Carbon Dioxide) has increased by 26 percent since 1970. This results in
greater global warming which has detrimental effects all around the
globe. More than 700,000 sq.km of the Amazon rainforest were cleared
for farming since the '70s. The condition of other forested areas is not
much better.Some estimates paint a darker picture, such as the number
of fishes in the oceans has almost dropped by 50%.
The quality of the oceans is also not that great. These numbers and
reports reveal the gap between planning and taking action. The way
ahead is also not easy.

Taking action is the only way to tackle environmental depletion. The laws
should adopt more stringent actions. No amount of conventions will help
in environmental development unless people start taking action. We
should realize the current situation and act cautiously.

Impact and Legacy of the Stockholm Conference

1. Influence on Global Environmental Agreements:

Many subsequent treaties and protocols, such as the Convention on

Biological Diversity (CBD), 1992, and the United Nations Framework
Convention on Climate Change (UNFCCC), 1992, were based on the
Stockholm Principles.

2. Formation of Environmental Impact Assessment (EIA) Frameworks:

Several countries adopted Environmental Impact Assessment (EIA)

regulations to ensure industries and projects comply with environmental
standards

3. Recognition of Environmental Protection as a Human Right:

Courts worldwide, including in India, have linked the right to a clean

environment with fundamental human rights, especially under Article 21
of the Indian Constitution,

4. Development of Global Environmental Governance:

Institutions like IPCC (Intergovernmental Panel on Climate Change) and

UNEP owe their origins to the heightened environmental awareness
brought about by Stockholm.
 Conclusion
The Stockholm declaration was the first truly global cooperation on
environmental issues. The convention witnessed the participation of 114
countries. The agenda was to create a better international jurisprudence
for environmental law. The declaration focused on setting environmental
goals, reducing pollution, and damages to the environment. The
declaration also recognizes the important role played by humans in
changing the environment. The 26 principles in the declaration serve as
a guiding light to the nations.

The declaration is not free from criticism. It has failed to include newer
forms of pollution. It has not received the same kind of response from all
the nations. The plan identifies underdeveloped nations as the key
contributor to pollution, 48 years later they continue to pollute the
environment without any significant change.

Despite its problems, the convention has created better awareness

about the environment and the need to protect it. People are now better
equipped to tackle problems like global warming and climate change.

This UN conference laid the foundation for several other initiatives by the
UN and other organizations around the world for the protection and
preservation of the environment.