THE LEGAL FRAMEWORK OF ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT: A SURVEY OF INTERNATIONAL LEGAL REGIME AND THE RELEVANT SRI LANKAN LAW

Abstract

Law is one of the instruments that enable a state to achieve the objectives ofenvironmental protection and sustainable development. It can, backed by theadequate policy trusts and enforcement mechanisms can be an effective toolto help country to strike a balance between environment and development. i.eto achieve sustainable development as development that meets the needs ofthe present without compromising the ability of the future generations tomeet their own needs. A few decades ago, public international law was notconcerned with environmental protection. With emergence of cross-boardedpollution issues, the international community realized the need towards thatend. The Stockholm Conference of 1992 succeeded in putting environmentalissues on the international agenda and the Earth summit held in 1992 andsubsequent international instruments have enriched the internationalcommunity on the subject. International instruments emphasize that humanright to development is exercisable within the framework of sustainabledevelopment. Our 1978 constitution does not guarantee the right to life. Italso does not specifically endorse the right to clean environment. Althoughthe fundamental rights chapter of our constitution is silent on these matters,the directive principles of state policy chapter of the constitution specificallyrefers to the protection of the environment. Our supreme court in thelandmark Eppawela judgment emphasized that Sri Lanka as a member of theUnited Nations could "hardly ignore" environmental requirements in theStockholm and the Rio declarations. The court added that in order to achievesustainable development, environmental protection should constitute anintegral part of the development process. Apart from the constitutionalprovisions, Sri Lanka's relevant laws are largely based on legislativeenactments introduced many decades ago. In this regard NationalEnvironmental act of 1980 marks a new era in incorporating regulatorymechanisms with a central authority. Sri Lankan law needs furtherimprovements in this field by the incorporation of international normsthrough legislation and judgments.