Sustainable Development, International conventions and Stockholm — Rio Declarations | Environmental Law - CLAT PG PDF Download

Introduction

• International conventions are crucial for sustainable development, as seen in the third unit of Environmental Law.
• The second unit covers key principles of sustainable development, such as the precautionary principle,polluter pays principle, and public trust doctrine. Understanding these principles makes it easier to grasp the concepts in the third unit.
• The common law aspect of the environment deals with environmental laws from a tort perspective, while the criminal law aspect includes provisions from the Indian Penal Code (IPC) and the Criminal Procedure Code (CPC) that punish actions harming the environment.

Sustainable Development

• In 1987, the Brundtland Commission published its report, Our Common Future, in an effort to link the issues of economic development and environmental stability. In doing so, this report provided the oft-cited definition of sustainable development as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs". Albeit somewhat vague, this concept of sustainable development aims to maintain economic advancement and progress while protecting the long-term value of the environment; it "provides a framework for the integration of environment policies and development strategies". However, long before the late 20th century, scholars argued that there need not be a trade-off between environmental sustainability and economic development.
• The overall goal of sustainable development (SD) is the long-term stability of the economy and environment; this is only achievable through the integration and acknowledgement of economic, environmental, and social concerns throughout the decision making process. The key principle of sustainable development underlying all others is the integration of environmental, social, and economic concerns into all aspects of decision making.

Sustainable Development Goals

• The Sustainable Development Goals (SDGs), also known as the Global Goals, were adopted by all United Nations Member States in 2015 as a universal call to action to end poverty, protect the planet and ensure that all people enjoy peace and prosperity by 2030.
• The SDGs are a bold commitment to finish what we started, and tackle some of the more pressing challenges facing the world today. All 17 Goals interconnect, meaning success in one affects success for others. Dealing with the threat of climate change impacts how we manage our fragile natural resources, achieving gender equality or better health helps eradicate poverty, and fostering peace and inclusive societies will reduce inequalities and help economies prosper. In short, this is the greatest chance we have to improve life for future generations.
• Through the pledge to Leave No One Behind, countries have committed to fast-track progress for those furthest behind first. That is why the SDGs are designed to bring the world to several life-changing 'zeros', including zero poverty, hunger, AIDS and discrimination against women and girls. Everyone is needed to reach these ambitious targets. The creativity, knowhow, technology and financial resources from all of society are necessary to achieve the SDGs in every context.

International Convention on Protection of Environment

Stockholm Declaration

• The evolution of environmental issues on the agenda of International Institutions can be better understood by dividing the post war periods into three periods defend by two major land mark meetings the United Nations Conference on human environment, which was convened in Stockholm in June, 1972 and United Nations Conference on Environment and Development (UNCED), otherwise known as 'Earth Summit', which was held in Rio de Janeiro in June, 1992.
• Although United Nations Charter does not explicate mention the environmental or conservation resources, the U.N. convened its 1st environmental conference in 1949 and hosted many negations prior to the Stockholm in 1972.
• The first or Pre-Stockholm era extends to 1948, the year in which the UN General Assembly adopted a resolution to convene the Stockholm conference 4 years later. However, the Stockholm declaration was not the first step in the International efforts in the protection of the Environment. There were several other steps taken by the U.N. from time to time, i.e., prior to 1968. However, these steps were in piece meal manner and the outer peace treaty, 1966 etc., the second or the Stockholm era, spans 2 decades from 1968 to 1987.
• It encompasses the 1972, Stockholm conference, including the extensive array of precautionary meetings in the years preceding it, as well as the implementation of its recommendations over the following decade. The Stockholm conference became the prototype for spate of major world conferences, sometimes referred to as, 'Global town meetings ', which focused worldwide attention on International issues. In 1989, the United Nations adopted the 'Basel convention on the controls of Transboundary Movements of hazardous wastes and their disposal's, 1989, which is aimed at controlling improper treatment of hazardous wastes 46 and mitigate the damages arising out of Transboudary movements and disposal of such wastes. In 1972, U.N. also adopted the 'convention' for the Protection of World cultural and natural heritage, 1972.
• The conduct of hostilities does not relieve states of their responsibilities to the environment. The 1977 convention, on the prohibition of Military or any other hostile use of environmental modifications techniques and protocol I of the 1980 conventional weapons treaty prohibits mode of warfare having a severe and long term effect on the environment and requires respect to be shown for the natural environmental and its protection from severe wide spread and lasting damage. Even in UNCLOS, 1982 reference was made to the general obligation to protect and reserve the environmental lay down in article 192. In 1982, U.N. also adopted another convention on conservation of marine living resources.
• The third or Rio de Janeiro era, commences in 1987 with the release of the influential report of the Brundtland Commission, entitled 'Our Common Future' which set the stage for the earth summit and follow-up efforts to implement the summit's lengthy and elaborate plan of action entitled agenda 21. The U.N. on Environment and Development (Rio, 1992) provides a platform for putting flesh on the bones of sustainable development in International Law and to address the concern, noted in the Brundtland Report, of the 'Sectoral' and 'Piece meal' nature of International Environmental Law.
• The concept of "Sustainable Development" was brought into common use by World Commission on Environment and Development (the Brundtland Commission) in its 1987 Report over Common Future. The World Commission on Environment and Development was set up by the General Assembly of the United Nations in the year 1983.
• Brundtland Report defines Sustainable Development as follows: "Sustainable development is development that meets the needs of the present without compromising the ability of the future generations to meet their own needs.
• According to the Brundtland Report, it contains two key concepts:
  • The concept of needs, in particular the essential needs of the world's poor, to which overriding priority should be given.
  • The idea of limitations imposed by the State of Technology and Social organization on the Environment's ability to meet present and future needs.
• Brundtland Report emphasizes that sustainable development means an integration of economic and ecology in decision-making at all levels. Further it clarifies that the critical objectives for environment and development policies that follows from that concept of sustainable development include — reviving growth, changing quality of growth, meeting essential needs for jobs, food, energy, water and sanitation, ensuring the resource base, reorienting technology and managing risk, and merging environment and economics in decision making. Thus in its broadest sense, the strategy for sustainable development aims at promote harmony among human beings and between humanity and nature.
• Since, none of the U.N. agencies existing in 1972 was prepared to take primary responsibility for implementing the action plan adopted at Stockholm conference, the General Assembly in 1972 created UNEP to become the Institutional Focus for environmental activities within the U.N. system. However, UNEP's role was limited to primarily to catalyzing and coordinating environmental programmes both by nations and other international organizations. Apart from it, the General Assembly, in December, 1992 also adopted a resolution providing for the establishment of a commission on sustainable development, to monitor and facilitate efforts to implement the diverse goals and recommendations of the Earth Summit, in particular the Declaration on the Environment and Development or Agenda 21 and the Statement of forest principles. Agenda 21, in particular, is built on the recognition that the world's natural and cultural resources are the ultimate basis of survival and that, however monetarily prosperous a country or people may be, it cannot live without fresh air and water.
• Agenda 21, legally binding conventions on biodiversity and climate change, a framework of principles on the conservations and use of forests, and a series of declarations were the result of the Rio Summit. Together these constitute an impressive commitment to taking the world away from the self-destructive path of conventional "development". In 1990, at the suggestion of France and Germany, the World bank took the lead in setting up an experimental program named the 'Global Environmental Facility'(GEF) to provide funds on favorable terms to low and middle income countries for environmental projects that would have global benefits. Later, the GEF has become a key instrument for dispersing funding for environmental projects in development countries. Apart, from it, International Environmental Protection Act which was passed in 1983 authorizes the president to assist countries in protecting the maintaining the Wild Life Habitat and provides as active role in conservation by the Agency for International Development (AID).
• In 1992, UN adopted a convention on the "Trans boundary effects of Industrial accidents". The convention applies to the prevention of and response to industrial accidents capable of causing trans boundary effects, including the effects of such accidents caused by natural disasters. In 1993, U.N also adopted a convention on the applicability of the development, production and stock-piling and use of chemical weapons and on their destruction, the purpose of which was to prohibit and eliminate all chemical weapons. In 1994, the International law commission has also drafted articles on the Law of the Non-navigational uses of International water courses and to protect the ecosystem and the marine environment. In 1995, U.N. entered into an 'Agreement on straddling fish stocks and highly migratory Fish stocks' etc.

Declaration of the United Nations Conference on the Human Environment

The United Nations Conference on the Human Environment, held in Stockholm from June 5 to June 16, 1972, addressed the need for a unified perspective and guiding principles for the preservation and enhancement of the human environment.

Key Points of the Declaration

• Human beings are both shaped by and shaping their environment, which is crucial for their physical sustenance and opportunities for intellectual, moral, social, and spiritual development.
• Advancements in science and technology have given humans unprecedented power to transform their environment, making the protection of both natural and man-made environments essential for well-being and basic human rights.
• Environmental protection and improvement are vital for the well-being of people and global economic development, representing the urgent desires of all peoples and the responsibilities of governments.
• While humans have the capacity to improve their surroundings for development and quality of life, misuse of this power can cause significant harm, evident in pollution, ecological imbalances, resource depletion, and deficiencies in the man-made environment.
• In developing countries, environmental issues often stem from underdevelopment, necessitating efforts towards development while safeguarding the environment. Industrialized countries face environmental challenges related to industrialization and technological development.
• Population growth also poses environmental preservation challenges, requiring appropriate policies and measures.

Environmental Goals and Responsibilities

• There is a need for greater care regarding the environmental consequences of actions, as ignorance or indifference can lead to irreversible harm, while knowledge and wise action can improve living conditions and environmental quality.
• Achieving a better environment requires collaboration with nature, aiming to defend and improve the human environment for present and future generations, alongside goals of peace and global economic and social development.
• Responsibility for environmental goals lies with citizens, communities, enterprises, institutions, and governments at all levels, with international cooperation necessary to support developing countries in fulfilling their responsibilities.
• Regional and global environmental problems require extensive cooperation among nations and action by international organizations.

Expertise and Environmental Protection

• Environmental policies should enhance the development potential of developing countries and not hinder their progress.
• Resources for environmental preservation and improvement should consider the specific circumstances of developing countries.
• Cooperation in international environmental matters should be based on equality and mutual respect among all countries.
• States should ensure that international organizations play a coordinated and effective role in environmental protection and improvement.

Principles for Environmental Protection

1. Individuals have the right to a healthy environment and the responsibility to protect it.
2. Natural resources should be managed for the benefit of present and future generations.
3. The capacity of the Earth to produce renewable resources should be maintained and improved.
4. Non-renewable resources should be used wisely to prevent exhaustion.
5. Pollution should be prevented to protect ecosystems and human health.
6. Economic and social development should be balanced with environmental protection.
7. International cooperation is essential for addressing transboundary environmental issues.
8. Education and public awareness are crucial for fostering responsible environmental behavior.
9. Scientific research and technological innovation should support environmental protection efforts.
10. States have the right to manage their resources but must avoid causing environmental harm to other countries.
11. International liability and compensation for environmental damage should be further developed.
12. Environmental protection efforts should consider the varying capacities and needs of different countries.

Rio Declaration on Environment and Development

The Rio Declaration on Environment and Development is a set of 27 principles aimed at guiding countries towards sustainable development while balancing environmental protection and economic growth. These principles were established during the United Nations Conference on Environment and Development held in Rio de Janeiro in 1992.

Principle 1: Centrality of Human Beings

• Human beings are at the center of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature

Principle 2: Sovereign Right and Responsibility

• States have the right to exploit their own resources but must ensure that activities do not cause environmental damage to other states or areas beyond their jurisdiction.

Principle 3: Right to Development

• The right to development must be fulfilled to meet the developmental and environmental needs of present and future generations equitably.

Principle 4: Integral Environmental Protection

• Environmental protection is an integral part of the development process and cannot be considered in isolation.

Principle 5: Eradication of Poverty

• All states and people must cooperate to eradicate poverty as it is essential for sustainable development and reducing disparities in living standards.

Principle 6: Special Priority for Developing Countries

• The special needs of developing countries, especially the least developed and most environmentally vulnerable, should be given priority in international actions on environment and development.

Principle 7: Global Partnership for Ecosystem Health

• States should cooperate to conserve, protect, and restore the Earth's ecosystem health and integrity, acknowledging common but differentiated responsibilities.

Principle 8: Sustainable Production and Consumption

• States should reduce unsustainable patterns of production and consumption and promote appropriate demographic policies for sustainable development.

Principle 9: Capacity-Building for Sustainable Development

• States should strengthen endogenous capacity-building for sustainable development through scientific understanding and technology transfer.

Principle 10: Public Participation in Environmental Issues

• Environmental issues are best handled with the participation of all concerned citizens. Access to environmental information and participation in decision-making should be ensured at the national level.

Principle 11: Effective Environmental Legislation

• States should enact effective environmental legislation, with standards reflecting the environmental and developmental context to which they apply.

Principle 12: Supportive International Economic System

• States should promote a supportive international economic system that leads to economic growth and sustainable development while addressing environmental degradation.

Principle 13: Liability and Compensation for Environmental Damage

• States should develop national law regarding liability and compensation for victims of pollution and environmental damage, and cooperate in developing international law on this matter.

Principle 14: Prevention of Environmental Degradation Transfer

• States should cooperate to discourage or prevent the relocation and transfer of activities and substances that cause severe environmental degradation or harm to human health.

Principle 15: Precautionary Approach to Environmental Protection

• The precautionary approach should be widely applied by states to prevent environmental degradation, even in the absence of full scientific certainty.

Principle 16: Internalization of Environmental Costs

• National authorities should promote the internalization of environmental costs and the use of economic instruments, ensuring that the polluter bears the cost of pollution.

Principle 17: Environmental Impact Assessment

• Environmental impact assessments should be conducted for proposed activities likely to have significant adverse environmental impacts.

Principle 18: Notification of Natural Disasters or Emergencies

• States should notify other states of natural disasters or emergencies likely to cause sudden harmful environmental effects and seek international assistance for affected states.

Principle 19: Notification of Trans-boundary Environmental Effects

• States should provide prior notification and relevant information to potentially affected states about activities that may have significant adverse trans-boundary environmental effects.

Principle 20: Role of Women in Environmental Management

• Women play a vital role in environmental management and development, and their full participation is essential for achieving sustainable development.

Principle 21: Role of Youth in Sustainable Development

• The creativity and ideals of youth should be mobilized to forge a global partnership for sustainable development and a better future for all.

Principle 22: Role of Indigenous and Local Communities

• Indigenous people and local communities have a vital role in environmental management due to their knowledge and traditional practices. Their identity, culture, and interests should be supported, and their participation enabled.

Principle 23: Protection of People Under Oppression

• The environment and natural resources of people under oppression, domination, and occupation should be protected.

Principle 24: Warfare and Sustainable Development

• Warfare is destructive to sustainable development. States should respect international law protecting the environment in times of armed conflict.

Principle 25: Interdependence of Peace, Development, and Environmental Protection

• Peace, development, and environmental protection are interdependent and indivisible.

Principle 26: Peaceful Resolution of Environmental Disputes

• States should resolve environmental disputes peacefully and by appropriate means in accordance with the Charter of the United Nations.

Principle 27: Good Faith and Partnership in Sustainable Development

• States and people should cooperate in good faith and in a spirit of partnership to fulfill the principles of the Declaration and develop international law in the field of sustainable development.