Globalization Project
Globalization Project
CAMPUS
                     MASTERS OF LAW
                      Session: 2023-2024
Submitted By –Anshika
Agarwal LLM Student, 1st
Semester
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                 TABLE OF CONTENTS
      1.             Table of Content               02
      2.               Introduction                03-07
6. Conclusion 13-15
Abstract
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The increasing global environmental crisis, which is marked by ecosystem degradation,
biodiversity loss, and climate change, has brought attention to the urgent need for
comprehensive measures to safeguard the ecological health of the world. This study explores
the important topic of ecocide and its significant effects on sustainable development. The
widespread devastation, hurt, or damage to ecosystems that is frequently brought about by
human activity is known as ecocide, and it directly jeopardizes the achievement of sustainable
development objectives. This essay examines the many facets of ecocide, from its historical
development to its current ramifications.
Investigating the complex relationship between ecocide and sustainable development, this
study makes use of case studies, a thorough methodology, and an extensive survey of the
literature. It examines how geocidal actions affect the environment, the economy, and society,
demonstrating how these aspects are interrelated. In addition, the study examines international
legal frameworks such as environmental treaties and the Rome Statute and advocates for the
international criminalization of ecocide. It also looks at how firms participate in ecocide
activities and investigates corporate responsibility tactics.
The results of this study highlight how urgent it is to deal with ecocide as a crime against
sustainable development. The negative effects on the environment, such as pollution, habitat
destruction, and biodiversity loss, upset the ecosystem balance that is necessary to support life
on Earth. The economic effects of ecocide, such as the rising expenses of environmental
restoration and the depletion of ecosystem services, jeopardise international initiatives to end
poverty and advance economic stability. Moreover, its social ramifications intensify
disparities, disproportionately impacting marginalized communities.
In order to avert ecocide and promote sustainable development, policy recommendations are
provided in the paper's conclusion. It emphasizes how important it is that ecocide be recognized
as a global crime and demands that businesses take on a greater role for protecting the
environment. Addressing ecocide becomes morally and practically necessary as environmental
problems throughout the world get worse and is necessary to ensure that everyone has a
sustainable future.
1.Introduction
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1.1 Background
The global environmental emergency is causing significant threats to life, including rising
temperatures, ocean levels, species extinction, and habitat devastation. This imbalance is
exacerbated by climate change, deforestation, pollution, and resource depletion. Ecocide, the
widespread destruction caused by human activity, is a key term to describe this damage. This
essay explores the complex relationship between sustainable development and environmental
destruction.
Historically, the term ecocide was first coined by the American biologist Arthur W. Galston in
the conference entitled “War and National Responsibility”. In this conference, Galston named
damaging and destruction of environment, ecocide1
Based on terminology, the term ecocide, was combined by two words, the Greek word “okios”
which means home and the Latin word “caedere” that means destruction or killing. Therefore,
its literal meaning is destructing home2 . The technical definition of ecocide is quite similar to
its literal meaning. According to law, ecocide is defined as seriously harming or destroying the
environment or any of its components in such a way as to interfere with an ecosystem's ability
to exist peacefully. Despite the fact that there hasn't been a formal definition of ecocide since
its establishment, attorneys have attempted to define the term; two of these definitions are
discussed in the sections that follow.
A) Falk’s definition: It seems that the first disciplined definition of the crime of ecocide was
made by Richard A. Falk. Simultaneously with the United Nation’s conference on human’s
environment in Stockholm, Sweden (1972) and in reaction towards United States shameful act
about spreading the Orange Agent on Vietnam, ecocide’s treaty draft was prepared by Falk’s
innovation. Falk’s effort was to criminalize the crime of ecocide with the inspiration of
preventing and penalties for genocide crimes treaty (1948)3 According to article 2 of this draft,
ecocide has been defined:
“ln the present Convention, ecocide means any of the following acts committed
with intent to disrupt or destroy, in whole or in part, a human ecosystem:
1
 Zierler, David (2011), The invention of ecocide: agent orange, Vietnam, and the scientists
who changed the way we think about the environment, The University of Georgia Press, First
publication, p. 15” and, Crasson, Audrey (2017), “The case of Chevron in Ecuador: The Need
for an International Crime against the Environment”, Amsterdam Law Forum, Vol. 9: 3, p.
39.
2
 Kalkandelen, Kübra et al. (2017), “On ecocide: toward a conceptual framework”,
Distinktion: Journal of Social Theory, Vol. 18, No. 3, p. 334.
3
 Higgins, Polly et al. (2013), “Protecting the planet: a proposal for a law of ecocide”, Crime,
Law and Social Change, Vol. 59, No. 1, p. 9.
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b) The use of chemical herbicides to defoliate and deforest natural
forests for military purposes;
c) The use of bombs and artillery in such quantity, density, or size as to impair the quality of
soil or the enhance the prospect of diseases dangerous to human beings, animals, or crops; d)
The use of bulldozing equipment to destroy large tracts of forest or cropland for military
purposes; e) The use of techniques designed to increase or decrease rainfall or otherwise
modify weather as a weapon of war; f) The forcible removal of human beings or animals from
their habitual places of habitation to expedite the pursuit of military or industrial objectives”4
B) Higgins definition:
In 2010 Polly Higgins resurrect the importance of making ecocide a crime in the eyes of the
world community and making it a criminal offence. The extreme damage, destruction, or loss
of an ecosystem(s) of a specific region, whether via human agency or other causes, to the point
where the residents' ability to enjoy their territory peacefully has been or will be greatly
decreased, is defined as ecocide by Higgins.5
The strategy stipulates that harmful actions against any species or biological element, such as
soils, seas, trees, fish, animals, people, and environmental spaces, may be desired as a result of
the crime of ecocide. It goes without saying that the destruction must be extensive, long-lasting,
and severe in order for it to qualify as an international crime. Because of this, ecocide is
unquestionably a threat to sustainable development, according to the authors of the current
study. However, what exactly does sustainable development mean?
Prior to being addressed in international law, the idea of development was first presented in
the international arena. There were three main intellectual streams that emerged during this
time and after World War II regarding the economic development of war-torn and backward
societies. For each of these competitive flaws, specific policies and programmes were
presented in an effort to move societies towards development and realise their right to
development. These three shortcomings are:
A)Economic growth:
Economic growth was the foundation of the earliest ideas of development. This traditional
viewpoint, or what was later referred to as unsustainable development, defined development
as rising per capita income, industrialization, scientific advancement, capital accumulation and
concentration, or social modernization6. Traditional development methods, such as poverty,
inequality, and violence, are insufficient for human needs. Even in economically developed
4
 Falk, Richad A. (1973), “Environmental Warfare and Ecocide: Facts, Appraisal and
Proposals”, March, Vol. 4, p. 21.
5
 Higgins, Polly et al. (2012), “Protecting the planet after Rio – the need for a crime of
ecocide”, Centre for Crime and Justice Studies, No. 90, December, p. 4.
6
  Zarshenas, Shahriar (2010), “Development”, Tehran, Ketab Sobh publications, third
published, p, 14.
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countries, these societies still face scandalous issues like illiteracy, violence, and rights
violations. This reckless consumption of natural resources harms not only the environment but
also other nations and the planet. The environmental and human rights movements condemn
this pattern.
B) Zero-orientalism:
C) Sustainable Development:
Conversely, with growers on the one hand and zeros on the other, there existed a middle ground
that did not view environmental preservation as a barrier to development or economic growth
as a bad thing, but rather saw both as related in the sense that one would not exist without the
other. This thought process aimed to strike a balance between the two extreme intellectual
schools by making compromises with their respective concepts. At last, this hybrid or
integrated approach took the form of "sustainable development." The green view that
sustainable development includes environmental preservation was developed in light of this
discourse.
The term "our common future" was first used to officially define sustainable development in
Miss Brundtland’s 1987 report. This paper defines sustainable development as development
that satisfies present demands without jeopardising the ability of future generations to satisfy
their own needs. This report, which combined the ideas of environment and development,
established a new set of political guidelines that state that neither sustainability nor
development can exist separately from one another 8. Stated differently, sustainable
development stated that societies striving for development should focus not only on their
economic core but also on the other two cores that policy makers must consider when
formulating development strategies. The core of environment (environment development) and
the core of society (social development) are these two concepts. The triple cores of sustainable
development state that: (1) development must be financially sustainable; (2) Second,
development must be socially stable; (3), it must be environmentally sound. If not, progress
will never discover its actual purpose or value. Because of this, the crime of ecocide is wholly
opposed to sustainable development and has a detrimental impact on the advancement of
humankind towards sustainable development.
7
 2 Nasiri, Hossein, (2000), “Sustainable Development, A Third World Perspective”, Tehran,
Farhang and Andishe publications, first publish, p. 141.
8
 Zax, Wolfgang (1998), “Environment” in Zax Wolfgang, New Perspectives Towards
Development, translated by Farideh Farahi and Vahid Bozorgi, Tehran, Markaz publications,
First Publications, p. 40
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It was stated in the preceding section that there are three cores to sustainable development, and
that merely supporting one of these cores will not lead to development. With a focus on these
triple cores, we will briefly examine the detrimental effects of ecocide on each of these cores
in this section.
Ecocide, a long-term destruction of natural resources, indirectly imperils capital and human
resources, and directly destroys natural resources. This destruction can lead to severe economic
crises, such as unemployment, energy crises, and inflation. Sustainable development is
meaningless as ecocide continues in various forms, contradicting both sustainable development
and growth-oriented economic development. Contemporary economics needs to adopt a fresh
perspective on environmental issues and work to save the economy from ecocide, as it poses a
significant threat to economic security in regions, countries, cities, and the world.9
Ecocide is a crime that causes crises in politics, society, economy, culture, and other domains.
It leads to poverty, joblessness, illnesses, delinquency, armed conflict, ethnic tensions,
displacement, soil pollution, water contamination, hunger, famine, illiteracy, and financial
corruption. Ecocide destroys essential resources for human survival, causing conflicts over
survival.
Pollution: Oil spills, chemical releases, and uncontrolled industrial emissions are examples of
ecocidal events that have disastrous effects on the environment's health. Ecosystems and
human health are seriously threatened by soil, water, and air pollution. In addition to harming
wildlife, these contaminants can affect human health and food security by making their way up
the food chain. In a world where ecosystems are threatened and vital resources are tainted,
sustainable development is impossible.10
9
    Philippe Sands, "Ecocide: A New International Crime" (2012) The American Journal of International Law.
10
     Jon Soeharno, "Ecocide: A Concept Comes of Age?" (2016) Journal of Human Rights and the Environment.
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Biodiversity Loss: The swift extinction of biodiversity is one of ecocide's most significant
effects. Numerous species are in danger of going extinct as habitats are lost and ecosystems
are upset. Significant effects of biodiversity loss include illness prevention, climate regulation,
cultural heritage preservation, and the sustainability of food systems. The persistent trend of
ecocide poses a direct threat to sustainable development goals pertaining to the preservation of
aquatic life (Goal 14) and biodiversity conservation (Goal 15).
Loss of Ecosystem Services: Numerous vital functions, such as crop pollination, water
filtration, and climate management, are provided by healthy ecosystems. When these
ecosystem services are disrupted by ecocide, there is a decrease in agricultural output, a rise in
the likelihood of natural disasters, and a greater vulnerability to climate change. A number of
sustainable development objectives, including as those pertaining to clean water (Goal 6), food
security (Goal 2), and climate action (Goal 13), are in jeopardy due to the loss of ecosystem
services.
Economic Instability: Ecocide can lead to economic instability in areas with strong
environmental ties, such as forestry, agriculture, and fisheries, causing reduced revenue, job
losses, and resource depletion, contradicting sustainable development goals.
Food Security: Ecocide puts food security at risk, which is why sustainable development
depends on it. Crop yields and food production are decreased by agricultural systems disrupted
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by habitat destruction, soil deterioration, and water body pollution. These interruptions
exacerbate cycles of poverty and hunger, especially in vulnerable populations already
struggling with food insecurity.
Interplay with Climate Change: By releasing greenhouse gases, interfering with carbon
sequestration mechanisms, and hastening deforestation, ecocide adds to global warming.
Global attempts to limit and adapt to climate change are undermined by the associated climate
consequences, which include changing precipitation patterns, rising sea levels, and more
frequent and severe extreme weather events (Goal 13). Climate change is both a cause and an
effect of ecocide, which leads to a risky feedback loop.
Feedback Loop: Ecocide and climate change are interconnected, worsening hurricanes,
droughts, and wildfires while increasing greenhouse gas emissions, requiring sustainable
growth to break this vicious cycle.
11
   Ryan Holifield, Jayajit Chakraborty, and Gordon Walker (eds.), The Routledge Handbook of Environmental
Justice (2017).
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The 1992 Earth Summit12-adopted CBD emphasizes biodiversity preservation and sustainable
use, recognizing its intrinsic value for ecological stability and aligning with sustainable
development goals (Goal 15) pertaining to biodiversity conservation are highly compatible.
Paris Agreement13
The 2015 Paris Agreement's primary objectives are to combat climate change and limit global
warming to well below 2 degrees Celsius over pre-industrial levels. It emphasises the need of
environmental sustainability and reducing greenhouse gas emissions while acknowledging that
climate change poses a severe threat to sustainable development (13th goal).
Complications of Jurisdiction
Jurisdiction is a significant challenge in making ecocide an international crime due to its
frequent cross-border nature, necessitating precise rules for effective legal enforcement.
Organizational Accountability
Corporate responsibility for ecocide violations presents legal challenges due to multiple
jurisdictions and potential evasion using complex legal frameworks. Collaboration and
innovative legal solutions are needed.
Enumerating Ecocide
12
     United Nations Conference on Environment and Development, 'Agenda 21' (Rio de Janeiro, 3-14 June 1992).
13
     Paris Agreement, opened for signature 12 December 2015, 1/CP.21 (entered into force 4 November 2016).
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3.5 The Way Forward
Corporate Responsibility
To combat ecocide, enhancing corporate accountability through sustainability practices,
transparent supply chains, and accountability for ecocidal behavior, backed by UN Guiding
Principles on Business and Human Rights.
International Cooperation
International cooperation is crucial for combating ecocide, standardizing environmental laws,
exchanging data, and planning countermeasures, with the United Nations Environment
programme (UNEP) playing a significant role in this cooperation.
14
     Valerie Cabanes, The Case for the Crime of Ecocide (2020).
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Corporate social responsibility (CSR) involves Environmental Impact Assessments (EIAs) for
enterprises affecting the environment, analyzing potential negative effects and suggesting
countermeasures.
Reports on Sustainability
Businesses are increasingly releasing sustainability reports, detailing their environmental
performance and efforts to reduce their ecological footprint, with the aim of promoting
accountability and transparency.
Greenspeak
"Greenwashing" refers to businesses claiming environmental responsibility but failing to
address their impact, highlighting the need for genuine dedication and accountability in
corporate responsibility.
Restricted Obligation
Executives and shareholders of corporations are protected from personal accountability for
company acts by the idea of limited liability. Because the legal ramifications of ecocidal actions
frequently target the corporate entity rather than specific persons, critics argue that this legal
framework permits corporations to avoid accountability for their actions.
Possession of Law
Corporate responsibility advocates demand legal accountability for ecocidal behavior, citing
effective deterrents in legal frameworks that impose responsibility on those responsible for
environmental damage.
4.5 The Path Forward: Aligning Corporate Responsibility with Sustainable Development
Regulatory Structures
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Governments and international organizations should establish and uphold corporate
accountability regulations, including clear guidelines for environmental impact evaluations,
reporting obligations, and sanctions for ecocidal behavior.
Here are the key point on India's stance on ecocide and its commitment to sustainable
development:
   •   Biodiversity Conservation: India is rich in biodiversity and has taken steps to protect
       its unique ecosystems. It is a party to the Convention on Biological Diversity (CBD)
       and has initiated various programs for the conservation of biodiversity and sustainable
       management of natural resources.
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       •   Recognition of Ecocide: While India has not formally recognized ecocide as an
           international crime, it does recognize the importance of environmental protection and
           sustainable development in its policies and international engagements.
    The Indian government has launched the National Mission for Clean Ganga in 2014 to clean
    the Ganges River and promote renewable energy. However, more investment in sustainable
    development and environmental protection is needed, along with accountability for polluters.
    Here are some specific things that the Indian government can do to address the problem
    of ecocide:
    6. Conclusion
    Ecocide, a crime against sustainable development, threatens our planet's sustainability and
    well-being. Addressing ecocidal activities is crucial for a more just and sustainable future, as
    it undermines global aspirations for sustainability and well-being.
    Environmental Devastation
    Economic Co-Ecocide is a severe environmental crisis characterized by pollution, habitat
    destruction, biodiversity decline, and ecosystem disturbances, hindering sustainable
    development goals like clean water, land life, environmental conservation, and climate action.
    Economic Consequences
    Ecocide diverts resources from sustainable development projects, costs cleanup, and disrupts
    economic stability in resource-dependent areas, posing threats to poverty reduction,
    economic growth, and food security.
Social Injustice
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Ecocide perpetuates economic disparity by disproportionately harming vulnerable
communities, hindering social justice, health, and inequality reduction goals, and widening
existing gaps.
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