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Despite having strong domestic laws of countries like India, a need for international provisions arises because pollution and climate change do not respect boundaries
The health effects of an impure environment are severe and proportionate. (AI generated)
A clean environment is not a luxury, but a basic requirement for each person to live and grow up to his full capacity. Environmental damage is a direct threat to human existence, which creates a healthy environment for the right to life, as mentioned in Article 3 of the Universal Declaration of Human Rights.
The health effects of an impure environment are severe and proportionate. The WHO estimates that about one-fourth of deaths in children below 5 years of age can avoid healthy environment.
In October 2021, the United Nations Human Rights Council (UNHRC) recognized the right to a clean, healthy and sustainable environment as a human right. This recognition is necessary to enjoy all other human rights. The purpose of this discussion is to check how this right can apply under international law, its current status, enforcement benefits and potential challenges.
On October 8, 2021, the United Nations Human Rights Council adopted resolution 48/13 on 48/13, formally recognized the right to a safe, clean, healthy and durable environment. However, the resolution passed by the Human Rights Council is not legally binding on the UN member states. While they set a path for political commitments, they do not provide any mechanism for accountability for ‘defaulters’. This deficiency of legal obligation allows member states to postpone their environmental goals, affecting the right to the clean environment of global citizens. This terminal is often fuel by the absence of immediate results, reducing the fear of unaffected promises.
India’s domestic structure
India has strongly implied the right to a clean and healthy environment within its constitutional and statutory structure. Although the Constitution is not clearly mentioned in the Constitution, the Supreme Court has explained Article 21 (Right to Life) to include this right. Major examples include Subhash Kumar vs. Bihar State and MC Mehta Environmental litigation series. This right is more reinforced by two major constitutional elements: Article 48A (a instruction that forces the state to protect and improve the environment) and Article 51A (G) (a fundamental duty in which citizens are required to protect the natural environment). This structure with the National Green Tribunal (NGT) dedicated to environmental justice makes environmental rights justified and implemented in Indian courts.
International provisional requirement
Despite having strong domestic laws in countries like India, a need for international provisions arises because pollution and climate change do not respect the boundaries. Damage can occur externally-as the India implements strict environmental standards at home that melts the glaciers in across the border, or the glaciers in Tibet. International provisional enables states to make other states accountable through global and regional judicial bodies (such as ICJ, ITLOS, or Arbitral Tribunal).
For India, international provisions will strengthen their commitment to the principle of common but differential responsibilities (CBDR). The CBDR determines that all countries share responsibility for global issues, but their contribution depends on the proportional historical activities and economic status. If the rights were legally implemented, India may demand that developed countries provide more assistance (technology transfer, finance) based on legal rights rather than a completely moral appeal.
Role of Conditional International Law (CIL)
Crafts International Law (CIL) is an important way of enforcement. Unlike treaties, which require permission, once crystallized, CIL criteria are universally applied. Constant state emerges through sewing state practice rights – The belief that practice is legally necessary.
Once established, CIL binds all states, provides a liability-based system that allows states to be held accountable in international tribunals without the need for a specific treaty. This promotes global acceptance as domestic courts include customary laws in their legal systems.
Trail Smelter Arbitration (United States vs Canada, 1938 and 1941) is a historic example, recognizing the principle that no state has the right to use its territory that causes a significant environmental loss to another. It is considered an early acknowledgment of environmental duties under the customary international law. The current regional developments, such as Article 24 of the African Charter and the Inter-American court recognition of a healthy environment, is a sign of an emerging global consent towards this criteria.
Implication of CIL Enforcement
Crylining the right in customary international law will turn it to a legally binding difficult law from soft laws. This will implement universal duties on all states to work to avoid environmental damage, ensuring clean water, air, land and ecosystems.
Major implications include:
- Accountability for transboundary loss: Problems such as forest destruction or transborr pollution affecting neighboring states will be legally implemented. For example, severe air pollution transboundary losses from the crop residues affecting both northern India and Lahore reflect transboundary damage. CIL will legally oblige both countries to take preventive measures to ensure that their pollution does not violate the rights of citizens in the neighboring state.
- Compulsory preventive measures: Enforcement will require preventive measures such as increased emission standards and compulsory environmental assessments.
- Domestic Sahara: National Courts will get to be implemented correctly, which will allow citizens and non -governmental organizations to bring their governments into consideration in domestic contexts.
- Strengthen CBDR: Developing nations can legally hold emissions to developed countries, holding of climate finance and technology transfer, which gives concrete effects to CBDR theory.
- International Action: States failing to maintain authority may be brought before international courts (ITLOS, ICJ, or Regional Human Rights Tribunal), potentially facing counterbaths, restrictions, or re -evaluation. This process will promote global convergence towards minimum environmental standards.
Solve the potential challenges
The entry of the right of a clean and safe environment as customary international law faces challenges related to ambiguity and practicality of just enforcement.
1. Justified enforcement (economic challenge)
Developing countries often have a lack of financial resources and technical capacity required to fully implement environmental obligations, making them unsafe for cross-limiting litigation.
To compete, per capita income limit can be adopted to stand up. Under this mechanism, more rich countries will be prevented from sueing poor or developing states, making sure that enforcement does not form a tool for economic dominance. For example, it will prevent a country like America from filing a case against India, but will allow matters between rich countries equally. This structure protects low-or-come states, while still ensures accountability between rich countries, and the equity can be further enhanced by combining the income level with environmental anxiety factors such as previous emissions (corresponding to CBDR).
2. Defining a ‘clean and safe environment’ (ambiguity challenge)
To address the ambiguity that forms a ‘clean and safe environment’, the obligations can be linked to the available resources of a country. Countries will need to spend a certain percentage of their available resources on environmental protection and improvement.
If a country fails to achieve environmental results, but is completing the ratio of the required expenses, it will get support from international bodies (eg, UNDP or UNEP) rather than legal action. The enforcement mechanism will be triggered only when a country fails to allocate the required ratio of resources. This structure can be complemented by determining full minimal standards for environmental security, such as air and water quality thresholds that are defined by WHO, guarantees the basic level of security.
conclusion
Environmental damage is marginal, keeping human rights at risk. The right to a clean and safe environment is important – it is also an opportunity to develop a child for life, freedom, and its full potential.
A global structure that units nations is necessary not only for the creation of a shared ambition, but also for accountability and liability. To achieve the Sustainable Development Agenda goals by 2030, only 17% of the world on the track, a liability-powered structure is necessary because the current framework, despite the UNHRC recognition, is insufficient.
Creating the right to implement a clean and safe environment as customary international law provides a powerful and effective route to bring back the environmental policy on the track. While complex obstacles exist, practical tools-as capita income can lead to positive changes according to threshold, proportional resource allocation, and WHO-based minimum environmental base lines.
The right to a clean and safe environment is both essential and unavoidable for human survival. Crystaking this in customary law will create accountability, solidarity and fairness among the states. The world cannot tolerate this right to remain aspiring; It should be universal, applied and infallible, because without a living-capable planet, no other rights survive.
Naman Sonpar is a Class 12 student of Sriram Millennium School in Noida. The views expressed in the above pieces are personal and completely of the author. They do not necessarily reflect the ideas of AyraNews24x7.
October 07, 2025, is 10:16
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