Coastal Zone Management: Resolving Climate Change Issues Through a Statutory Framework

Kalpana S Murari

doi:10.5539/jms.v6n3p114

Abstract

<p>The coastline of India is part of its valuable natural heritage that has since been severely impacted by unregulated human activities, indiscriminate urbanization and unsustainable models of development for coastal infrastructure. Climate change impacts have added to numerous causes that have left marine areas distressed and struggling for survival. Overwhelming scientific evidence suggests that undeterred by curbs on rise in global temperatures, sea levels along India’s coast has continued to rise at the rate of 1.3mm per year. India’s coastal management program is undermined by the absence of a primary legislation, the ensuing laxity in enforcement of and compliance with regulatory norms. The present legal regime denotes a clear absence of measures to protect the natural heritage of India’s coastline and coastal ecosystems. Industrial activities affecting India’s coastal areas are governed by a set of legislative instruments that are sectoral in their approach and therefore seem fragmented for a cohesive battle against climate change impacts. The Coastal Regulation Zone Notification, 2011(CRZ) issued under the Environment Protection Act, 1986 does not provide adequate measures to protect threatened shorelines and marine areas. The delegated legislation falls short in regulating industrial activities along the coasts, monitoring unsustainable development of coastal infrastructure and preventing pollution at source. There is an undeniable need to constitute a legal regime for coastal management that in its core serves an agenda to address climate change impacts, enhanced by a mandate for adaptation programs. This paper will attempt to present an argument in favor of a statutory framework that will enhance the existing integrated coastal zone management plan in India and resolve conflicts arising out of economic, social and environmental issues encompassing coastal zone regulation. Climate change is forcing developing nations to usher in requisite legal reforms within their regulatory regimes that rise up to meet international standards for coastal and ocean governance.</p>

Highlights

1.1 Saving the Coasts to Save the Planet “Those of us who witness the degraded state of the environment and the suffering that comes with it cannot afford to be complacent
Climate change impacts have added to numerous causes that have left marine areas distressed and struggling for survival
Industrial activities affecting India’s coastal areas are governed by a set of legislative instruments that are sectoral in their approach and seem fragmented for a cohesive battle against climate change impacts

Summary

Introduction

1.1 Saving the Coasts to Save the Planet “Those of us who witness the degraded state of the environment and the suffering that comes with it cannot afford to be complacent. We owe it to the present and future generations of all species....” (Maathai, 2006). That are crucial to regulating the earth’s climate, cover approximately 71% of the surface of the earth supporting 44% of the human population, serving as the largest carbon sink and reservoir of the planet. New scientific evidence reaffirms oceans’ slowing ability to sequester carbon from the atmosphere resulting in the increase of its salinity and surface temperatures, and rise in sea levels. Deemed as one of the most productive habitats in the planet, oceans and coastal areas contribute substantially to the economy of a nation adding immeasurable value to its cultural and natural heritage. By 2020 it is estimated that about 75% of world’s population may be living within 60 km of any given coastal zone, where marine and terrestrial zones merge

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