XAVIER UNIVERSITY

Xavier law school

PROJECT TITLE

ROLE OF DEVELOPING COUNTRIES IN DEVELPOMENT OF INTERNATIONAL

LAW

IN REFERENCE WITH Johannesburg Declaration,2002

SUBJECT

ENVIRONMENTAL LAW

Name of the Candidate : SRIKAR LADI

Roll No. :Ul18bb004

Semester : 6

1
Table of Contents
SYNOPSIS.....................................................................................................................................................4
INTRODUCTION...........................................................................................................................................7
Sustainable development............................................................................................................................8
THE CONCEPT OF SUSTAINABILITY..........................................................................................................8
ENVIRONMENT v. DEVELOPMENT...............................................................................................................9
PRINCIPLES OF SUSTAINABLE DEVELOPMENT...........................................................................................10
The Johannesburg Declaration.................................................................................................................11
The Outcomes of the Official Summit....................................................................................................13
CONCLUSION.............................................................................................................................................14
BIBILOGRAPHY...........................................................................................................................................15

2
SYNOPSIS
INTRODUCTION

The Johannesburg Declaration on Sustainable Development was embraced at the World

Summit on Sustainable Development (WSSD) in 2002. It is based on before revelations
made at the United Nations Conference on the Human Environment at Stockholm in 1972
and the Earth Summit in Rio de Janeiro in 1992.

The Declaration submits the countries of the world to manufacture a compassionate, fair, and
convey worldwide society, mindful of the requirement for human nobility for all.

Regarding the political duty of gatherings, the Declaration is a more broad articulation than the
Rio Declaration. It is a consent to zero in especially on ''the overall conditions that present
serious dangers to the supportable advancement of our kin, which include: constant appetite; in
healthiness; unfamiliar occupation; furnished clash; illegal ongoing drug habits; sorted out
wrongdoing; defilement; cataclysmic events; unlawful arms dealing; dealing with people;
psychological warfare; narrow mindedness and affectation to racial, ethnic, strict and different
abhorrence’s; xenophobia; and endemic, transmittable and persistent infections, specifically
HIV/AIDS, jungle fever and tuberculosis.''

Improve association and joint effort, partner connections, and organizations between and among
colleges, research foundations, government offices, and the private area; (WSSD Plan of
Implementation at 106). Help non-industrial nations in building ability to get to a bigger portion
of multilateral and worldwide innovative work programs. In such manner, fortify and, where
suitable, make places for manageable advancement in agricultural nations.

OBJECTIVE OF THE STUDY :-

The objective of this project to understand the role of the Developing countries that are helping /
taking part in development of International law basing law Johannesburg Declaration which
happened in 2002 ( South Africa). This declaration talks about sustainable development.

RESEARCH METHODOLOGY :-

Doctrinal research includes :-

1. Descriptive study

3
 2. Explanatory study

3. Analytical study

4. Comparative study

E d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d dd dd d d d d d d d d d d d

Sources of Study:-

Primary source:- , Judgements, Books, Articles.

Secondary sources :- Hein Online , Westlaw, Manupatra, Magzesis, e books

SIGNIFICANCE OF THE STUDY :-

Through this research :-

1. One can easily appreciate the role of developing countries in development of

international law.

2. Sustainable development of International Law

LITERATURE REVIEW :-

 Stockholm, Rio, Johannesburg Brazil and the Three United Nations Conferences on the
Environment.

 DR. PARVEZ HASSAN, CHANGING GLOBAL ORDER: ROLE OF COURTS AND

TRIBUNALS IN PAKISTAN IN ENVIRONMENTAL PROTECTION , 2018

 INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT

 German Yearbook of International Law 45 German Y.B. Int'l L.

 Johannesburg Declaration on Health and Sustainable Development

4
INTRODUCTION
India is a developing country. A country is said to be developing when it seeks to advance
economically and socially. The development of a country mostly depends on industries, which
are the backbone of economy. For industrial development, we exploit our natural resources
indiscriminately. The over exploitation of natural resources and pollution caused by industries
results in environmental degradation. This state of crisis emerging from environmental pollution
violates the right to life guaranteed under Article 211 of the Constitution of India. Being the soul
of fundamental rights, Article 21 includes the right to live in a healthy environment, which
means an environment that is free from health hazards arising from environmental pollution. As
environment includes water, air, land and the inter-relationship which exists among and between
water, air, land, human beings, other living creatures, plants, micro organisms and property1, the
adverse impact on any of these components in turn affects the quality of environment. The right
to healthy environment is an inalienable human right and at the same time, right to development
is also imperative. Every human is entitled to economic, social, cultural and political
development. Even if right to healthy environment and right to development are traditionally
paradoxical, both are essential for the survival and well being of mankind. So we need a
balancing concept which never compromises either economic development or the quality of
environment. Both development and environment should go hand in hand .There should not be
development at the cost of environment and vice versa. But there should be development while
taking due care and ensuring the protection of environment2 .Sustainable development is a
balancing concept between environment and development. It is a strategy for continued
development without causing harm to the environment. In Vellore Citizens Welfare Forum v.
Union of India3 , the Supreme Court pointed out that the traditional concept that development
and ecology are opposed to each other is no longer acceptable. Sustainable development is the
answer. Sustainable development is a balancing concept between environment and development.

1
No person shall be deprived of his life or personal liberty except according to the procedure established by law
2
Indian Council for Enviro Legal Action v. Union of India , (1996) 5 S.C.C. 281
3
A.I.R. 1996 S.C. 2715

5
Sustainable development
Sustainable development is an approach to economic planning that attempts to foster economic
growth while preserving the quality of the environment for future generations. Despite its
enormous popularity in the last two decades of the 20th century, the concept of sustainable
development proved difficult to apply in many cases, primarily because the results of long-
term sustainability analyses depend on the particular resources focused upon. For example, a
forest that will provide a sustained yield of timber in perpetuity may not support native bird
populations, and a mineral deposit that will eventually be exhausted may nevertheless support
more or less sustainable communities. Sustainability was the focus of the 1992 Earth
Summit and later was central to a multitude of environmental studies.

THE CONCEPT OF SUSTAINABILITY

Sustainability means the ability to maintain a certain state. In ecological context, sustainability is
the ability of an ecosystem to maintain ecological process, their functions, biodiversity and
productivity for a long time4. The concept of sustainable development has been conceptualized
originally within the structure of international environmental law. However, in the contemporary
world of globalization, it would be a simplification, to confine this principle only to the field of
environmental protection and development. Sustainable development has acquired the status of
the most significant and influential legal and policy-making principle in all areas of activities, in
particular as an indispensable tool in managing development law. The concept of sustainable
development has been the subject of numerous publications and discussions. This article will be
focused primarily on its one aspect, i.e., the place of the concept of sustainable development in
development law. In order to achieve this, it appears to be necessary to outline an introduction to
the general issues concerning sustainable development and its historical background. The starting
point for further discussion will be to emphasize the inherently dynamic aspect of sustainable
development and its multidisciplinary character. It is impossible to discuss the principle of
sustainable development only from one angle. limitless character. The starting point of the
discussion is the Report of the Secretary- General of the United Nations on an agenda for
development. The Report was requested by the General Assembly, in particular its developing

4
Pratibha Singh, Anoop Singh, PiyushMalaviya ,Text Book of Environment and Ecology, ACME Learning Pvt.Ltd. ,1st
Edition, 2009, p.50

6
states in December 1992. The Resolution stipulated as follows: “…taking fully into
consideration the objectives and agreements on development adopted by it, containing an
analysis and recommendations on ways of enhancing the role of the United Nations and the
relationship between the United Nations and the Bretton Woods institutions in its promotion of
international cooperation for development, within the framework and provisions of the Charter
of the United Nations and the Bretton Woods institutions’ articles of agreement, including, inter
alia, a comprehensive annotated, list of substantive themes and areas to be addressed by the
United Nations in the agenda, as well his views on principles among them, for the consideration
of states.”

Since environment and development are antithetical aspects, development must be within
environmental sustainability. That means we have to bring development without over
exploitation of natural resources. Environmental sustainability, economic sustainability and
socio-political sustainability are the ‘three pillars’ of sustainability. Simply sustainability is
improving the quality of human life while living within the carrying capacity of supporting eco-
systems. The earth and its resources are meant not only for the present generation, but also for
the generations to come. So development should be within the carrying capacity of the
environment.

ENVIRONMENT v. DEVELOPMENT
Sustainable development is a policy for continued development without affecting the quality of
environment. It indicates how development should be brought without jeopardising
environmental interest. The right to exploit environment is not confined to the past and present
generations, the future generation is also entitled to the resources gifted by nature. Hence, while
exploiting resources, we should ensure their availability to the future generations. While
enjoying the right to development, we should take into account of the same right of future
generations also. For protecting the right of future generations, the present generation should be
modest in their exploitation of natural resources. This idea has found widespread international
approval since the Maltese Proposal at the UN General Assembly, in 1967. United Nations
Conference on Human Environment held at Stockholm from 5th to 16th June 1972 was a turning
point in the history of the concept of sustainable development. Stockholm Conference has been
described as the “Magna Carta of our environment”. In the UN Conference on Human

7
Environment, the two conflicting concepts; protection of environment and socio economic
development were taken into consideration. In the Conference these two contradictory concepts
were synchronized by the evolution of a new concept that environmental protection is an
essential element of social and economic development.

PRINCIPLES OF SUSTAINABLE DEVELOPMENT

Sustainable development is a balancing concept between environment and development. By
adopting the principles of sustainable development, the present generation can satisfy their needs
without affecting the availability of resources.So the well being of the generations to come will
never be in peril. In Vellore Citizens Welfare Forum v. Union of India (Tamil Nadu Tanneries
Case)5

, the Supreme Court summed up the

principles of sustainable development. They are-

 Intergenerational equity

 Use and conservation of natural resources

 Environmental protection

 Precautionary principle

 Polluter pays principle

 Obligation to assist and cooperate

 Eradication of poverty

 Financial assistance to developing countries

FINANCIAL ASSISTANCE TO DEVELOPING COUNTRIES

5
(1996) 5 S.C.C. 647

8
When compared to developed countries, the over exploitation of natural resources is higher in
developing countries. As the developing countries are not equipped with adequate technology
and financial resources to tackle the issue of over exploitation of resources, the goal of
sustainable development can be achieved only through the transfer of technology and financial
resources. Since the developed countries are self sufficient to satisfy their financial and
technological needs, they must offer their helping hands to developing countries to uplift them to
the path of sustainable development. International co-operation is needed for achieving the
concept of sustainable development.

The Johannesburg Declaration

The Johannesburg Declaration is the primary outcome of the World Summit on Sustainable
Development (WSSD), organized by the United Nations (UN) and held in Johannesburg, South
Africa. Adopted on September 4, 2002, it consists of a collection of general political statements
of 37 articles. The declaration outlines the path taken from the Earth Summit to the WSSD,
highlights present challenges, underscores the importance of multilateralism, emphasizes the
need for implementation, and reaffirms the international commitment to the goal of sustainability
that was made at the Earth Summit 10 years earlier.

The declaration defined the three pillars of sustainable development (SD) as economic
development, social development, and environmental protection – at local, regional, and global
levels. It outlined the characteristics of SD as multilevel policy action, a long-term perspective,
and broad participation; it simultaneously gave key points to building a sustainable future

The engagement of developing countries with international law typically comes in four aspects:
the colonial past and contemporary continuities in international legal approaches and categories,
attempts by newly independent Third World states to transform international law through the
introduction of specific new legal principles, the effect of the increasing gap between the
emerging economies of certain developing countries and the most vulnerable developing states,
and whether structural impediments remain to the equitable participation of developing countries
in international law.

The World Summit on Sustainable Development (WSSD), Johannesburg, 2002, continued the
legacies of Stockholm and Rio. The preparatory processes leading to the WSSD had highlighted

9
the gains at Stockholm and Rio. The Stockholm Declaration and the Rio Declaration were
already looked at as bench-marks for the conduct of states and societies for sustainable

development. The WSSD highlighted the need to walk the talk in terms of identifying time lines
for action. A Plan of Implementation prioritized five (5) areas, water, energy, health, agriculture
and biodiversity (WEHAB) as a part of the over-arching goal of poverty alleviation. The
Political Declaration, the Johannesburg Commitment on Sustainable Development, tabled on
behalf of President Mbeki of South Africa, reaffirmed the continuation of the Rio legacy and
principles and pledged “from this Continent, the Cradle of Humanity, our responsibility to one
another, to the greater community of life and to our children”. In its operative part, under the
heading “Making it Happen”, it added: “We commit ourselves to act together, united by a
common determination to save our planet, promote human development and achieve universal
prosperity and peace”. Paragraph 17 of the Political Declaration will be cited in the years to
come: We welcome the Johannesburg Summit focus on the indivisibility of human dignity and
are resolved through decisions on targets, timetables and partnerships to speedily increase access
to basic requirements such as clean water, sanitation, adequate shelter, energy, health care, food
security and the protection of bio-diversity. At the same time, we will work together to assist one
another to have access to financial resources, benefit from the opening of markets, ensure
capacity building, use modern technology to bring about development, and make sure that there
is technology transfer, human resource development, education and training to banish forever
underdevelopment.

The Summit succeeded in achieving some of its goals, such as setting a time-bound sanitation
target and recognizing the rights of communities in natural resource management. Yet it also had
its share of failures, including the failure to address climate change and to reform global
environmental governance. Finally, and perhaps most significantly, the extent and diversity of
civil society engagement in the process set forth the challenge of overcoming divisions among
governments, within civil society, and between governments and civil society to find a path to
common solutions.

10
The Outcomes of the Official Summit
The official highest point was a spin of seven topical Partnership Plenaries, proclamations by
non-state substances, four elevated level Round Tables, addresses by heads of state and other
senior authorities, and a multi-partner occasion. An intergovernmental arranging measure, which
started in New York in ahead of schedule 2002, ran in corresponding with these occasions.
Governments arranged and received two principle reports: the Plan of Implementation3 what's
more, the Johannesburg Affirmation on Sustainable Development.4 These archives, together, are
proposed to outline the official way to deal with supportable improvement in the not so distant
future.

Not at all like the Earth Summit held in Rio in 1992, which delivered four significant natural
arrangements and Agenda 21, the worldwide diagram for maintainable turn of events, the WSSD
was never planned to grow new shows or to rethink Agenda 21. Or maybe, the WSSD was given
the order of actualizing existing guarantees and responsibilities, for example, those made in Rio
and in the Millennium Development Goals. The Plan of Execution was intended to produce a
bunch of targets and schedules, solid activity designs that would cause supportable improvement
to occur. The Plan of Implementation is a political report and, consequently, isn't lawfully
official on governments. Like Agenda 21, be that as it may, the Plan of Execution is intended to
control advancement, monetary, and venture choices by governments, worldwide associations,
and different partners.

After understanding the outcome of the Johannesburg Declaration 2002, and considering it we
can say that the development The World Summit on Sustainable Development (WSSD),
Johannesburg, 2002, continued the legacies of Stockholm and Rio. The preparatory processes
leading to the WSSD had highlighted the gains at Stockholm and Rio. The Stockholm
Declaration and the Rio Declaration were already looked at as bench-marks for the conduct of
states and societies for sustainable

11
CONCLUSION
In promoting international environmental law, the lessons in the evolution of universal
international law should not be ignored. Over five (5) decades ago, all rules of traditional
international law were under serious stress. The newly emerging and independent states of Asia
and Africa, supported by the developing world in South America, questioned the validity and
legitimacy of these norms of international law, in the formulation of which the developing world
had not participated at all, on the ground that they served the exclusive interests of the developed
Western nations. These rules were alien to the aspirations of the developing countries and
therefore not acceptable to them. International law, as it developed in the post-colonial era,
fortunately showed the resilience to accept the viewpoint of these new participants in the global
process. Whether it was the international protection of human rights, or the international law
regarding the permanent sovereignty of nations over their natural wealth and resources, or the
laws relating to diplomatic and consular immunities, or the law relating to the seas and oceans, or
the law on treaties – each of these assimilated, to some extent, the impact of the interest of the
developing countries. As the ultimate sanction and strength of any international law is the
commonality and synthesis of the interests of all the nation-states, rich and poor, agricultural and
industrial, these were duly taken into account in the development of international environmental
law. The developing countries did not get an opportunity to be a part of the founding of public
international law. But they were a part of the founding of international environmental law and
have played an effective role in its development in each of the international conferences
including at Stockholm (1972), World Charter of Nature (1982), Rio (1992), Johannesburg
(2002), and at Rio +20 (2012). This adds immeasurable strength to the future of international
environmental law.

The developed countries, on the other hand, sought focus on population stabilization, forests,
intellectual property rights, and good governance. The commonality of interest between the
North and the South was, however, readily visible on the need for a global partnership and for
empowering youth, women, and indigenous people.

Stockholm, Rio and Johannesburg each inspired, mostly in the developed world, national
initiatives, policies and legislation that were, sometimes, effectively mainstreamed through
judicial interventions. However, developing countries such as Bangladesh, India, Pakistan and

12
Sri Lanka were slow to assimilate the issues of sustainable development in their policies and
legislation. But it is a measure of the vision of the judiciaries in these countries that they did not
wait for national or international hard law to provide protection against environmental
degradation. This region was fortunate in the pioneering formulations of fundamental rights
around the right to life as including a right to the environment by Justice P.N. Bhagwati in India.
They soon resonated in Pakistan through an equally visionary Justice Saleem Akhtar. Similar
developments of judicial activism took place in Sri Lanka and Bangladesh. And, the region was
all set to see its courts and the judiciary as the major facilitators, in implementation, of the
changing global order.

BIBILOGRAPHY
 Stockholm, Rio, Johannesburg Brazil and the Three United Nations Conferences on the
Environment.
 DR. PARVEZ HASSAN, CHANGING GLOBAL ORDER: ROLE OF COURTS AND
TRIBUNALS IN PAKISTAN IN ENVIRONMENTAL PROTECTION , 2018
 INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT
 German Yearbook of International Law 45 German Y.B. Int'l L.
 Johannesburg Declaration on Health and Sustainable Development
 Role of the Developing Countries in the Development of International Environmental
Law Dr. Parvez Hassan
 THE OUTCOMES OF JOHANNESBURG: ASSESSING THE WORLD SUMMIT ON
SUSTAINABLE DEVELOPMENT Antonio G. M. La Viña, Gretchen Hoff, and Anne
Marie DeRose
 Supporting environmental sustainability in developing countries
ONLINE SOURCES:-
• www.scconline.com
• www.westlaw.in
• www.heinonline.com
• www.manupatra.com

13