Life is a unique phenomenon. We are yet to find it else-where in the Universe. It is only found in our planet, planet earth. Life is tenacious and it completely permeates the surface layer of planet earth.
We do not know the true number of species that are found on earth.
For every species that is alive today, perhaps, a thousand more have lived previously and had become extinct. Most of these extinctions have occurred naturally even before human evolved.
This is a natural process called the background rate of extinction or the number of extinctions that would be occurring naturally in the absence of human influence.
This includes pseudo-extinctions or transformation of the original or ancestral species by evolution into another species.,
For the past 600 million years the background rate of extinction was one to ten species per year.
But in 1988, earth lost one species every day. Today it is loosing 137 species a day or 5000 species every year. This rate is rising. This is called the extinction crisis.
Six scientists from some of the leading scientific institutions in the United States have recently issued an unambiguous warning to the world. They have disputed the claim by the UN's intergovemmental panel on climate change (LP.C.C.) for under...estimating the rise of sea level this century, as a result of melting glaciers and polar ice sheets.
Instead of sea-levels rising by about 40 centimeters as the LP.C predicts, he true rise might be as great as several meters by 2100. This is due to global warming.
The responsibility and the culpability for the said extinction crisis of species and global warming is on the human race.
The world's forest cover has depleted by 3/4 within the last 50 years or so. The large scale mechanized logging industry in the Philippines in the 1960's and in the Sararak and Saba regions of Malaysia in the 1970's for the purpose of maintaining large scale logging export contracts to Japan and the European Community countries has caused vast-destruction of the tropical forests in the region. Similarly forest cover in the other parties of the world too has diminished due to over-exploitation.
The same has to be said about my country too, where there had been over exploitation of forest resources.
Other factors that had contributed to global warming and depletion of the Ozone layer are:-
1) Industrial emissions: Carbon Dioxide (CO2 FCF emissions.)
2) Motor Vehicles exhaust emissions: They emit Carbon Dioxide C.F.C. (chloro fluro carbons) and Methane.
3) C.F.C. emissions: by gases used in manufacture of air conditioners and refrigerators. These are now banned by many countries.
4) Nuclear test explosions in the environment in the 1960s.
5) Since the 1980's US bombs and cruise missiles have been coated with depleted uranium also known as uranium dust, making them more deadly and devastating.
hese uranium-coated munitions are being used in Afghanistan and Iraq, polluting the land, water and air and threatening the future of future generations.
The global community has realized the gravity of the environmental degradation only during this decade. They have awakened to the reality that the global community is using resources of planet earth far in excess of sustainable levels. E / g the emissions of green house gases had caused the depletion of the Ozone layer causing a huge gap in and around the area of New Zealand which is situated in the area close to the Asia pacific region. As a result of this catastrophe people of that country are exposed to harmful rays of the sun. which can cause skin cancer, cataract in the eye etc. Further it can suppress the human immune system.
The exposure of crops to the harmful rays of the sun can cause reduction in the plant yield.
Much of the development activities of mankind has now become unsustainable as such will lead to grave environmental damage. Therefore people had to think of bringing about a balance between development and safeguarding the natural environment.
Several internationally agreed protocols treatises and covenants were signed by the developed and developing countries to bring about sustainable development.
The following are some of the major international conventions on life and environment in general.
1) Stockholm, Declaration of U.N Conference in 1972
2) Basal Convention
3) United nation's Convention of the Law of the Sea ( Chapter 1 to 12 (1982)
4) Vienna Convention for protection of the Ozone Layer.
5) Montreal Protocol
6) Rio Declaration on Environment and Development.
This is the precarious state in which the world's environment situation is placed in. Man alone has to take the blame for this dismal state of planet earth.
Are we justified in over-exploitation of the earth's resources when religious leaders of different faiths have expressed that mankind do not own land but it belongs to all living beings and man is only the guardian of it.
If I may be permitted to refer to the observations of Justice C. G. Weeramantry, Vice President of the International Court of Justice in the case concerning the Gabcikovo Nagymoros project Hungary / Slovakia Danube Case ( 1997, 25th September, General list No. 92 He observed:-
" According to the, ancient chronicles, these works were undertaken "for the benefit of the country" and" out of compassion for all living creatures." Just as development was the aim of this system, it was accompanied by a systemic philosophy of conservation dating back to at least the 3rd century B.C. The ancient chronicles record that when King Devanampiyatissa of Srilanka 24 7 -207 BC) was on a hunting trip (around 223 B.C) the Arahat Mahinda, son of emperor Asoka of India preached to him a sermon on Buddhism which converted the king. Here are excerpts from that sermon. " a great King, the birds of the air and the beasts Rare as equal right to live and moue about in any part of the land as thou. The land belongs to the people and all living beings; thou art only the guardian of it. "This sermon, which indeed contained the first principle of modern environmental law- the principles of trusteeship of earth resources- caused the king to start sanctuaries for wild animals- a concept which continued to be respected for over twenty centuries. The traditional legal systems protection of fauna and flora, based on this Buddhist teaching extended well into the 18th century."
Similarly it is the belief among members of the Christian faith that God has created earth for the benefit of all mankind present and future.
It is quoted by Mr. Jagdish Gandhi in his presentation to the U.N.General Assembly Hearings with civil Society 23-24 June 2005 that Baha 'U' Hah the prophet of the Baha’i faith had observed, 'The earth is but one country and mankind it's citizens.
Further, the supreme court of Philippines in the landmark case of Juan Antonio Oposa vs Fulgenicio Factoran held that generations yet unborn have a right to inherit a safe and healthy ecology and that it is the intergovernmental responsibility to see that a safe and healthy ecology is maintained for the benefit of the future generations.
The next task before us is to evolve a way in which the resources of planet earth could be preserved for the world's 2 billion children and those yet unborn.
In this regard the existing international system of law between the nations could be put to optimum use by creating public opinion among the people of the world and thereby draw the attention to this great need of the hour.
Mr. Jagdish Gandhi has been a pioneer in this matter and has been a whistle-blower since 2001. he had enlightened the world political and Judicial leaders of the need to preserve the earth's resources for the benefit of it's 2 billion children and children yet unborn.
I am of the view that much could be achieved by making States and wrongdoers accountable to a body like the International Criminal Court which has been established by the Secretary General of the Untied Nations.
The International Criminal Court which has been established in 2002 by treaties is doing yeoman service in trying persons who have committed genocide and other major offences concerning human rights violations in many parts of the world.
The I.C.C is the standing Court, immediately and permanently available for crimes committed within it's jurisdiction. The second advantage of the I.C.C is it's broad geographical jurisdiction. The I.C.C's jurisdiction is not limited to a specific country or countries. The I.C.C may only exercise jurisdiction of nationals of States, accepting the court's jurisdiction of crimes on their territories. These are the two most clearly established basis of jurisdiction under International law or domestic law.
In addition the Security Council may refer situations to court independent of the location of the crime or the nationality of the perpetrator. However aside from the Security council referrals, the courts jurisdiction only applies to states that have accepted the courts jurisdiction.
The 3rd advantage is that it is an independent institution established by a treaty. It's jurisdiction only applies to the event after the State joins the treaty .
Therefore we must impress upon the States that have not joined the treaty to join the treaty for with.
As a logical next move is for States that are affected by nuclear proliferation and Industrial pollution to pass a resolution in the U.N General Assembly defining these acts as offences against mankind and declaring them as violations- of human rights and making the members of such governments liable for such offences. Then apply pressure on those States to be parties to the treaty and accept the jurisdiction of the I.C.C.
As an alternative the States that are affected may bring pressure onto the Security Council to make referrals about such offenders to the I.C.C.
By such sustained action we must empower the International Court of justice to safe-guard the world's two billion children and generations yet to be born. There is no alterative to this. Otherwise it will be the death knell of the universe and all of it's children, sooner or later.
I thank you for the kind attention given to my speech. |