Sustainable

Development
And Law
  The term ‘sustainable development’ was
first used in the Cocoyoc Declaration on
Environment and Development in the early
1970s. Since then, it has become a
buzzword for international organisa­tions
dedicated to achieving environmentally
benign or beneficial development. The
term has served to catalyse debate over
the relationship between economic
change and the natural resource base in

2 which it is grounded
Definitions
  What is Development?
 Development is the gradual growth of a situation that becomes more
advanced and strong than previous one.

 Development is intended to bring a positive change for a human being

and its surroundings. Development may take place by bringing about a
change in policy, projects & legislation.

 Development is an unfolding of human potentials for meaningful

participation in economic, social, political, cultural process &
institutions, so that people can improve their conditions.

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 Aim of Sustainable Development:

(1) Balance our economic,

environmental and social needs,
allowing prosperity for now and
future generations.
(2) Maximizing the probability of
achieving sustainable development.
(3) Minimizing the chances of
environmental degradation.

5
 Definitions vary, but the most widely
adopted one is contained in Our Common
Future the 1987 report of the World
Commission on Environment and
Development: “Sustainable development is
the development that meets the needs of the
present without compromising the ability of
future genera­tions to meet their own needs.”

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 “
⊷ Sustainable development is defined as development
that satisfies the need of the present without
compromising the capacity of future generations,
guaranteeing the balance between economic growth,
care for the environment and social well-being

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 ⊷ The concept of sustainability has a long historical background. In
ancient Indian writings, ‘nature’ or environment has been
considered as the controller of all human activities, including
economic development. They have given the status of God to all

“
the components of environment, such as air, water, land, natural
vegetation, animals, etc.
⊷ In spite of the fact that there was no need for their conservation, the
concept of their protection has been put forward in all the religions
of India. In Greek writings, there is a reference of ‘Ge’ or ‘Caia’ as
the Goddess of the Earth—the mother figure of natural
replenishment. In fact, that was a time when population was limited
and there was mutual adjustment between man and environment.

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 ⊷ The concept of Sustainable Development
further received imputes in the Stockholm
Declaration on Human Environment resulting
from the United National Conference on
Human Environment in 1972.
⊷ The Conference was remarkable
achievement as 114 nations participated in it
and they greed generally on declaration of
principles and an action plan. These
principles are contained in Stockholm
declaration, which demonstrates that world
has just one environment.
⊷ The Stockholm declaration on Human
Environment proclaimed that man is both
creator and moulder of his environment.

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  The Stockholm Declaration, which contained 26 principles, placed environmental
issues at the forefront of international concerns.

 It marked the start of a dialogue between industrialized and developing countries

on the link between economic growth, the pollution of the air, water, and oceans,
and the well-being of people around the world.

The Action Plan contained three main categories:

(i) Global Environmental Assessment Programme (watch plan);

(ii) Environmental management activities;

(iii) International measures to support assessment and management

activities are carried out at the national and international levels.

In addition, these categories were broken down into 109 recommendations.

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  One of the major results of the
Stockholm conference was the creation of the 
United Nations Environment Programme (UNEP
)
.

 The Stockholm conference of 1972 is of great

importance as the lead to countries establishing
environment ministries for the first time.
In 1985, India set up its ministry of
environment and forest.

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 Principles of the Stockholm
declaration

The 26 principles on the human environment are dealt with in great

detail. For better understanding, the principles are grouped on their
applicability and enforceability. They are as follows:

HUMAN-CENTRIC:

Principle 1: Rights and Responsibilities for protecting the

environment – Humans have the right to use and enjoy nature.
The right to enjoy nature is not unfettered, it is coextensive with the
duty to protect it. Art. 21 of the constitution also safeguards the
fundamental right of a healthy environment. This principle also
explicitly bars discriminatory laws. Human bears a solemn
responsibility to protect and improve the environment for present
and future generations.

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 “
⊷ Principle 15: Human settlement and
Urbanization – Planned settlements and
urbanization are required. They reduce the
adverse effects on the environment. The
goal is to secure maximum benefits for all
through planning. All discriminatory plans
are also barred.

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 SUSTAINABLE DEVELOPMENT:

⊷ Principle 2: Duty to protect natural

resources – Natural resources are limited. We
must use natural resources carefully.
Preservation of resources depends on effective
planning and management.
⊷ Principle 3: Duty to preserve renewable
resources – Although renewable resources are
not depletable, their preservation is necessary
for their quality.

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 ⊷ Principle 4: Wildlife Conservation – A combination of factors is
responsible for endangering wildlife. Humans have a special
responsibility for protecting wildlife. The inclusion of conservation

“
of wildlife in economic planning leads to sustainable development.
⊷ Principle 5: Duty to preserve non-renewable resources – Non-
renewable resources are exhaustible. They are valuable resources.
Exercising care and caution is necessary to prevent them from
depletion
⊷ Principle 13: Rational Management of Resources – States should
adopt rational methods to manage the resources and to improve the
environment. An integrated and coordinated approach is preferable.

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 “
⊷ Principle 14: Rational Planning
– Conflicts between development and
conservation are reconciled with
rational planning. Development and
conservation must go hand in hand.

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 “
⊷ Reflection on customary international
law position (Principle 21)
⊷ States have the absolute authority to use
natural resources according to their
policies. However, their policies
shouldn’t violate the principles of
international law and cause damage to
other states outside its jurisdiction.

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18
 PREVENTIVE ACTIONS:

Principle 6: Management of pollution – Pollution is harmful to

the environment. Discharging toxins and other substances in large
quantities are harmful to the ecosystem. Both the citizens and the
states should play an active role in reducing the dumping of
harmful substances.

Principle 7: Management of sea pollution – The states should

reduce sea pollution by taking necessary steps to prevent
substances hazardous to human health, marine life, and the
legitimate uses of seas.

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 Principle 8: Social and Economic development
– The improvement of social and economic conditions
is necessary for a better living and working
environment. Improvements shouldn’t affect the
environment in any way.

Principle 18: Application of science – Science and

technology are indispensable in today’s life. They are
used in almost every industry. Science and
technology are also applicable to the conservation of
the environment. It is useful for identifying and
controlling environmental risks. They are useful for
finding solutions for environmental issues.

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 COMPENSATION TO VICTIMS (PRINCIPLE
22)
The States should join to further the scope of
international law for prescribing liability for
those harming the environment. States should
also come together to compensate victims of
environmental pollution or damage.

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 COOPERATION
Principle 24: Cooperation with nations
– Although each state has exclusive jurisdiction
to legislate on internal matters, international
cooperation is necessary for the holistic
improvement of the environment. States must
recognize that environmental problems affect all
the states equally. By multilateral and bilateral
agreements states can control, prevent, and
reduce environmental risks.
Principle 25: Coordination with nations
– Coordination between states is crucial for
alleviating the existing conditions. The states can
jointly coordinate actions and plans for improving
existing environmental conditions.

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 OTHER PRINCIPLES
 Principle 11: Environmental Policy
 Principle 19: Education in environmental
matters 
 Principle 20: Expanding scientific research 
 Principle 9: Environmental Deficiencies 
 Principle 10: Stability of prices and incomes
 Principle 12: Education on environmental
protection 
 Principle 16: Population Control 
 Principle 17: Setting up of national institutions
 Principle 23: Implementing a national agenda
 Principle 26: Ban on nuclear weapons
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 The Concept of Sustainable development
received further boost in the “World
Conference Strategy” which was prepared in
1980 by the ICUN (World Conservation
Union) with the advice and support of UNEP(
United Nations Environment Programme and
WWF (World Wide Fund). It was also
endorsed by the governments of the various
nations at the General Assembly in 1980.

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 The concept was also recognized by
South Pacific Commission in 1980 and
the World Charter for Nature of 1982.
The ASEAN (Association of Southern
Asian Nations) agreement of 9 July
1985 is an early contractual example
where in the contracting parties in
Article 1 undertook to preserve
biodiversity and to guarantee the
continuing productivity of natural
resources under their jurisdiction in
accordance with scientific principles and
with the goal of sustainable development
Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and
Vietnam
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The Montreal
Protocol (Ozone
Treaty)
 ⊷ The Montreal Protocol on Substances that
Deplete the Ozone Layer (the Montreal
Protocol) is an international agreement

“
made in 1987. It was designed to stop the
production and import of ozone depleting
substances and reduce their concentration
in the atmosphere to help protect the
earth's ozone layer. This protocol came
into force from 1 January 1989

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 The Montreal Protocol sits under the Vienna
Convention for the Protection of the Ozone Layer
(the Vienna Convention). The Vienna Convention
was adopted in 1985 following international
discussion of scientific discoveries in the 1970s and
1980s highlighting the adverse effect of human
activity on ozone levels in the stratosphere and the
discovery of the ‘ozone hole’. Its objectives are to
promote cooperation on the adverse effects of
human activities on the ozone layer.

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 16 September is International Day for
the Preservation of the Ozone Layer.
It celebrates the anniversary of the
day the Montreal Protocol came into
effect.

The Montreal Protocol is widely considered as

the most successful environment protection
agreement. It sets out a mandatory timetable for
the phase out of ozone depleting substances.
This timetable has been reviewed regularly, with
phase out dates accelerated in accordance with
scientific understanding and technological
advances
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 The Montreal Protocol sets binding progressive phase
out obligations for developed and developing
countries for all the major ozone depleting
substances, including chlorofluorocarbons (CFCs),
halons and less damaging transitional chemicals such
as hydrochlorofluorocarbons (HCFCs). The Montreal
Protocol targets 96 ozone depleting chemicals in
thousands of applications across more than 240
industrial sectors. In 2016 the Montreal Protocol also
became responsible for setting binding progressive
phase down obligations for the 18 main
hydrofluorocarbons (HFCs).
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 The Montreal Protocol has been
further strengthened through six
Amendments, which have brought
forward phase out schedules and
added new substances to the list of
substances controlled under the
Montreal Protocol. The Amendments
are:
- London 1990
- Copenhagen 1992
- Vienna 1995
- Montreal 1997
- Beijing 1999
- Kigali 2016

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 India, as Party to the Montreal Protocol since June 1992, has been
successfully implementing the Montreal Protocol and its ozone
depleting substances phase out projects and activities in line with
the phase out schedule of the Protocol. India has phased out
Chlorofluorocarbons, Carbon tetrachloride, Halons, Methyl
Bromide and Methyl Chloroform for controlled uses in line with the
Montreal Protocol. Currently Hydrochlorofluorocarbons are being
phased out as per the accelerated schedule of the Montreal
Protocol.  Hydrochlorofluorocarbons Phase out Management Plan
(HPMP) Stage-I has been successfully implemented from 2012 to
2016 and Hydrochlorofluorocarbons Phase out Management Plan
(HPMP) Stage-II is currently under implementation from 2017 and
will be completed by 2023
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 “

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 The term “ Sustainable Development” was
brought into common use by the world
commision on environment and development
(Brundtland Commission) in its 1987 report

“
Our Common Future. The World Commission
on Environment and Development was set up
by the General Assembly of the United
Nations in the year 1983. This report has given
a very comprehensive definition of the term
sustainable Development

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 “ Sustainable Development is a 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 , the concept of Sustainable

Development contains within it two key concepts

(a) The Concept of “need” , in particular the essential needs of the world's
poor, to which the overriding priority should be given and

(b) The ides of limitations imposed by the state of technology and social
organization on the environment’s ability to meet present and future needs

35
 ⊷ General Principles , rights and responsibilities for
environment protection and Sustainable
Development adopted by the Brundtland
commission are as follows

“
⊷ Fundamental Human Rights- All human beings
have the fundamental right to an environment
adequate for their health and well being
⊷ Intergenerational Equity- States shall conserve and
use the environment and natural resources for the
benefit of present and future generations.

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 ⊷ Conservation and sustainable use- States shall maintain
ecosystems and ecological processes essential for the
functioning of the biosphere , shall preserve biological
diversity and shall observe the principle of optimum

“
sustainable yield in the use of living natural resources and
ecosystems
⊷ Environmental Standards and Monitoring- State shall
establish adequate environmental protection standards and
monitor changes in and public relevant data on
environmental quality and resource use
⊷ Prior Environmental Assessments- States shall make or
require prior environmental assessments of proposed
activates which may significantly affect the environment or
use of a natuarl resource

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 ⊷ Prior Notification , access , and due process-
State shall ensure that conservation is treated as
an integral part of the planning and
implementation of development activities and

“
provide assistance to other states, especially to
developing countries, in support of
environmental protection and sustainable
development
⊷ General obligation to cooperate – States shall
cooperate in goof faith with other states in
implementing the preceding rights and
obligations

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Dominic McGoldrick has suggested that sustainable development can be structurally
conceived as the following structure.

SUSTAINABLE DEVELOPMENT

INTERNATIONAL INTERNATIONAL INTERNATIONAL

HUMAN ENVIRONMENTAL ECONOMIC
RIGHTS LAW LAW LAW

PILLAR 2 PILLAR 1 PILLLAR 3

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 In 1991, World Conference Union , United
Nations Environment Programme and World
Wild Fund , jointly produced a document
called “ Caring For the Earth : A strategy
For Sustainable Living” which defined the
“sustainability” as a characteristic or state
that can be maintained indefinitely whereas
“ development” is defined as the increasing
capacity to meet human needs and improve
the quality of human life.

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41
 The United Nations Conference on
Environment and Development
(UNCED) popularly know as Earth
Summit , was held in June , 1992 at Rio
de Janerio wherein more than 150
governments participated . This was the
largest UN Conference ever held and it
put the world on a path of Sustainable
development which aims at meeting the
needs of the present without
compromising the ability of future
generations to meet their own needs.
The earth summit was inspired and
guided by a remarkable document of
1987, i.e Brundtland report

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 ⊷ The earth summit forced the
people worldwide to re-think

“
how their lives affect natural
environment and resources
and to confront a new
environment that determines
the surroundings in which
they live
 Some of the major achievements of Earth Summit lie in the form of
following document which it produced

1. The Rio Declaration on Environment and Development : A series of principles defining

the rights and responsibilities of States in this area.

2. Agenda 21 : A Comprehensive blue print for global actions to affect the transition to
sustainable development

3. Forest Principles: A set of principles to support the sustainable management of forest

worldwide

4. Two legally binding Conventions, i.e. : The Convention on Climate Change and
Convention on Biodiversity , which are aimed at
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 The Rio Declaration on Environment and Development

The declaration consists of 27 principles which guide the

behaviour of nations towards more environmentally
sustainable patterns of development .

PRINCIPLE 1 Human beings are at the centre of concerns

for sustainable development. They are entitled to a healthy
and productive life in harmony with nature.

PRINCIPLE 2 States have, in accordance with the Charter

of the United Nations and the principles of international law,
the sovereign right to exploit their own resources pursuant
to their own environmental and developmental policies, and
the responsibility to ensure that activities within their
jurisdiction or control do not cause damage to the
environment of other States or of areas beyond the limits of
national jurisdiction.

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 PRINCIPLE 3 The right to development must be fulfilled so as
to equitably meet developmental and environmental needs of
present and future generations.

PRINCIPLE 4 In order to achieve sustainable development,

environmental protection shall constitute an integral part of the
development process and cannot be considered in isolation
from it.

PRINCIPLE 5 All States and all people shall co-operate in the

essential task of eradicating poverty as an indispensable
requirement for sustainable development, in order to decrease
the disparities in standards of living and better meet the needs
of the majority of the people of the world.

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PRINCIPLE 6 The special situation and needs of developing countries, particularly
the least developed and those most environmentally vulnerable, shall be given
special priority. International actions in the field of environment and development
should also address the interests and needs of all countries.

PRINCIPLE 7 States shall co-operate in a spirit of global partnership to conserve,

protect and restore the health and integrity of the Earth's ecosystem. In view of the
different contributions to global environmental degradation, States have common but
differentiated responsibilities. The developed countries acknowledge the
responsibility that they bear in the international pursuit of sustainable development in
view of the pressures their societies place on the global environment and of the
technologies and financial resources they command.

PRINCIPLE 8 To achieve sustainable development and a higher quality of life for all
people, States should reduce and eliminate unsustainable patterns of production and
consumption and promote appropriate demographic policies.

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 PRINCIPLE 9- States should co-
operate to strengthen endogenous
capacity-building for sustainable
development by improving scientific
understanding through exchanges of
scientific and technological
knowledge, and by enhancing the
development, adaptation, diffusion
and transfer of technologies, including
new and innovative technologies.

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PRINCIPLE 10 Environmental issues are best handled with the
participation of all concerned citizens, at the relevant level. At the
national level, each individual shall have appropriate access to
information concerning the environment that is held by public
authorities, including information on hazardous materials and activities
in their communities, and the opportunity to participate in decision-
making processes. States shall facilitate and encourage public
awareness and participation by making information widely available.
Effective access to judicial and administrative proceedings, including
redress and remedy, shall be provided.

PRINCIPLE 11 States shall enact effective environmental legislation.

Environmental standards, management objectives and priorities should
reflect the environmental and developmental context to which they
apply. Standards applied by some countries may be inappropriate and
of unwarranted economic and social cost to other countries, in particular
developing countries.
 PRINCIPLE 12 States should co-operate to promote a supportive and open
international economic system that would lead to economic growth and sustainable
development in all countries, to better address the problems of environmental
degradation. Trade policy measures for environmental purposes should not
constitute a means of arbitrary or unjustifiable discrimination or a disguised
restriction on international trade. Unilateral actions to deal with environmental
challenges outside the jurisdiction of the importing country should be avoided.
Environmental measures addressing transboundary or global environmental
problems should, as far as possible, be based on an international consensus.

PRINCIPLE 13 States shall develop national law regarding liability and

compensation for the victims of pollution and other environmental damage. States
shall also co-operate in an expeditious and more determined manner to develop
further international law regarding liability and compensation for adverse effects of
environmental damage caused by activities within their jurisdiction or control to
areas beyond their jurisdiction.

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 PRINCIPLE 14 States should effectively co-
operate to discourage or prevent the
relocation and transfer to other States of any
activities and substances that cause severe
environmental degradation or are found to be
harmful to human health.

PRINCIPLE 15 In order to protect the

environment, the precautionary approach shall
be widely applied by States according to their
capabilities. Where there are threats of serious
or irreversible damage, lack of full scientific
certainty shall not be used as a reason for
postponing cost-effective measures to prevent
environmental degradation.

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PRINCIPLE 16 National authorities should endeavour to promote the internalization of
environmental costs and the use of economic instruments, taking into account the
approach that the polluter should, in principle, bear the cost of pollution, with due regard
to the public interest and without distorting international trade and investment.

PRINCIPLE 17 Environmental impact assessment, as a national instrument, shall be

undertaken for proposed activities that are likely to have a significant adverse impact on
the environment and are subject to a decision of a competent national authority.
PRINCIPLE 18 States shall immediately notify other States of any natural disasters or
other emergencies that are likely to produce sudden harmful effects on the environment
of those States. Every effort shall be made by the international community to help States
so afflicted.

PRINCIPLE 19 States shall provide prior and timely notification and relevant information
to potentially affected States on activities that may have a significant adverse
transboundary environmental effect and shall consult with those States at an early stage
and in good faith
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PRINCIPLE 20 Women have a vital role in environmental management and
development. Their full participation is therefore essential to achieve
sustainable development.

PRINCIPLE 21 The creativity, ideals and courage of the youth of the world
should be mobilized to forge a global partnership in order to achieve
sustainable development and ensure a better future for all.

PRINCIPLE 22 Indigenous people and their communities, and other local

communities, have a vital role in environmental management and development
because of their knowledge and traditional practices. States should recognize
and duly support their identity, culture and interests and enable their effective
participation in the achievement of sustainable development.

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 ⊷ PRINCIPLE 23 The environment and natural
resources of people under oppression, domination
and occupation shall be protected.

“
⊷ PRINCIPLE 24 Warfare is inherently
destructive of sustainable development. States
shall therefore respect international law
providing protection for the environment in times
of armed conflict and co-operate in its further
development, as necessary.

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 PRINCIPLE 25 Peace, development and environmental protection
are interdependent and indivisible.

PRINCIPLE 26 States shall resolve all their environmental disputes

peacefully and by appropriate means in accordance with the Charter
of the United Nations.

PRINCIPLE 27 States and people shall co-operate in good faith and

in a spirit of partnership in the fulfilment of the principles embodied in
this Declaration and in the further development of international law in
the field of sustainable development.

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Agenda 21 is a United Nations (UN) action
plan for sustainable development that was
produced as a result of the 1992 Rio de
Janeiro, Brazil, UN Conference on
Environment and Development
(UNCED). It is a comprehensive action
plan for UN organizations, governments,
and significant groups to follow in every
area where people directly impact the
environment on a global, national, and local
level. An agenda for the twenty-first
century is denoted by the number 21

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What is Agenda 21?

 The United Nations' Agenda 21 is a non-binding action plan for sustainable

development.

 It is a result of the 1992 Rio de Janeiro, Brazil, Earth Summit, a United Nations
conference on environment and development.

 It is an action plan that may be carried out at the local, national, and international
levels by the UN, other multilateral organizations, and various sovereign governments
.
 Every local government should create its own local Agenda 21 as one of the project's
main goals.

 The initial goal of Agenda 21 was to achieve global sustainable development by the
year 2000; the "21" in the name refers to the intended year of the 21st century.
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58
 ⊷ Agenda 21 lays emphasis on the
international co-operation for
achieving the goal of sustainable
development . Agenda 21 addresses the

“
pressing problems of today and also
aims at preparing the world for the
challenge of next century . It reflects a
global consensus and political
development commitment at the
highest level on development and
environment cooperation.
⊷ Agenda 21 is a comprehensive
document which is divided into
following sections

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 ⊷ Section 1----- Social and Economic :
Dimensions- This section includes the
recommendations for international co-

“
operation to accelerate sustainable
development in developing countries and
releated domestic policies , combating
poverty , changing consumption patterns
etc.

60
 ⊷ Section II-Conservation and
Management of resources for

“ development- This section is

focused on protecting the
atmosphere integrated approach to
the planning and management of
land resources .

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 ⊷ Strengthening the Role of Major Groups- This
section provides for global action for women towards
sustainable and equitable development, children and

“
youth in sustainable development , recognizing and
strengthening the role of indigenous people and their
communities; strengthening the role of non-governmental
organization for sustainable development; local
authorities initiatives in support of agenda 21;
strengthening the role of workers and their trade union ,
strengthening the role of business and industry ; scientific
and technical community and strengthening the role of
farmers

62
 ⊷ Section IV – Means of implementation-
This section relates to financial resources and
mechanisms ; transfer of environmentally sound
technology co-operation and capacity building ;

“
science for sustainable development; promoting
education , public awareness and training ; national
mechanisms and international co-operation for
capacity building , international institutional
arrangements and information for decision making

63
 Thus , Agenda 21 represents a “global consensus and
political commitment at the highest level on development
and environmental cooperation”. Despite the very broad
range of environmental and developmental issues
included in Agenda 21 , many NGO’s have criticised its
failure to address the inequitable international economic
system which is the major barrier to improvements in
human welfare and environmental conservation in
developing countries. Also in agenda 21 there is hardly
any guidance on how its recommendations should
actually be implimentaed.

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 However Agenda 21 in spite of its
shortcomings, provides the post rio world with
a starting point . It also embodies the important
theme that concerted action and shared
responsibility by developed and developing
nations are crucial in addressing the linkage
between development and environment

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66
 1. The Forest Principles (also Rio Forest Principles,
formally the Non-Legally Binding Authoritative
Statement of Principles for a Global Consensus on the
Management, Conservation and Sustainable
Development of All Types of Forests) is a 1992
document produced at the United Nations Conference on
Environment and Development (the "Earth Summit").

2. It is a non-legally binding document that makes

several recommendations for conservation and
sustainable development forestry

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 Section II of Agenda 21contains specific
recommendations for combating
deforestation . There is an urgent need for
consistent actions for conserving and
sustaining forest recourses . Many experts and
state have expressed their dissatisfaction with
the end result because no legally binding
convenction emerged from the rio conference
regarding the forest conservation.
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 CONVENTION ON
CLIMATE
CHANGE AND
BIODIVERSITY

69
 The world Community at Rio conference showed unanimity
on two aspects i.e, to prevent global climate change and
eradication of biologically diverse species . Accordingly, two
legally binding conventions i.e., the “ Convention on Climate
change” and eradication of biologically diverse species.
Accordingly , two legally binding conventions , i.e., the
“Convention of Climate Change” and “Convention on
Biodiversity” were signed by the representatives of more than
150 countries. The first Convention on climate change
requires the states to take steps to reduce their emissions of
gases believed to contribute to global warming.

70
 The IPCC published its first Assessment Report in 1990 on
the state of the global climate, which had a potent effect on
policy makers and on public opinion.

The Intergovernmental Negotiating Committee for a

framework Convention on Climate Change (INC) was
established under the auspices of the General Assembly to
negotiate the Convention text.

In 1992, the INC finalized the Convention text for its

adoption in Newyork and its full and its full launch in June at
the Rio de Janerio Earth Summit, where 154 states signed
it. India signed the convention on 1oth June , 1992 and
ratified it on 1st November 1993.

71
 “
⊷ The UNFCCC is an International Environmental
Treaty which was negotiated at the UN
conference and Environmental Development held
at Rio de Janeiro from 3-14 June 1992 which is
also known as earth summit

72
 The objective of the treaty is to establish gas consideration in the
atmosphere at a level that would prevent dangerous
anthropogenic interference with the climate system.

The convention is built on various principles of International

Environmental Law eg the principle of sovereignty of the state
over natural recourses , climate change as common concern of
mankind, precautionary principle, principle of equity , inter-
generational equity.

73
 The Convention on climate Change entered into force on 21st March
1994. The parties to the UNFCCC have met annually from 1995 in
conference of the parties (COP) to asses progress in dealing with climate
change. The conference of the parties to the convention (COP) became
the Conventions ultimate authority.

The Convention on climate change sets an overall framework for

intergovernmental efforts to tackle the challenge posed by climate
change. It recognizes that the climate change is a shared resource
whose stability can be affected by industrial and other emissions of
carbon dioxide and other greenhouse gases.

74
 Under the convention, Governments:
(i) Gather and share information on greenhouse gas
emission, national policies and best practices.

(ii) launch national strategies for addressing greenhouse gas

emissions and adapting to expected impacts, including
the provisions of financial and technological support to
developing countries.

(iii) co-operate in preparing for adaptation to the impact of

climate change

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 CONVENTION ON
BIOLOGICAL
DIVERSITY

76
 ⊷ The convention was opened for

“
signature at the Earth Summit
in Rio de Janeiro on 5 June
1992.

⊷ Entered into force on 29

December 1993.

⊷ Legally binding instrument.

⊷ 196 countries are a party to the

CBD
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 ⊷ The Conference of Parties (COP) is the governing
⊷ body of the convention. It consists of the
⊷ governments that have ratified the treaty.

“ ⊷ Its Secretariat is in Montreal, Canada.

⊷ Only two member states of the United Nations are

⊷ not Parties to the CBD, namely: the USA and the
⊷ Vatican.

⊷ https://www.cbd.int/doc/legal/cbd-en.pdf(TEXT).

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 Protocols and plans

Global Strategic
Nagoya
Cartagena Plan for
Strategy Protocol
Protocol Biodiversity
for Plant (2010)
(2000) 2011-2020
Conserva Access to
Bio-safety (20 Aichi
Genetic
Protocol, tion Resources
Biodiversity
(2002) Targets)

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 The idea of CBD is to develop national strategies for the conservation
and sustainable use of biological diversity. In order to implement that,
the convention does the following
1. Asserting intrinsic value of biodiversity
2. Affirming conservation of biodiversity as a common concern of
population.
3. Taking responsibility to conserve biodiversity in the State and that
the state uses this biodiversity sustainably

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 4. Affirming the State to put the biological resources as the
Sovereign Rights of the State.

5. Taking a precautionary approach towards conservation of

biodiversity.

6. Highlighting the vital role of local communities and women.

7. Supporting access to technologies for developing countries and

searching for provisions for new and additional financial resources to
address the biodiversity loss in the region

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 OBJECTIVES

⊷ Conservation of Biological
Diversity

⊷ Sustainable use of the

components of the Biodiversity

⊷ Fair and equitable sharing of

benefits arising from the
genetic resources

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 IMPORTANCE
⊷ The convention recognized for the first
time in international law that the
conservation of biodiversity is "a common
concern of humankind" and is an integral
part of the development process.

⊷ The agreement covers all ecosystems,

species, and genetic resources. It links
traditional conservation efforts to the
economic goal of using biological
resources sustainably.
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 ⊷ It sets principles for the fair and equitable sharing of the benefits

arising from the use of genetic resources, notably those destined for

“
commercial use.

⊷ It also covers the rapidly expanding field of biotechnology through

its Cartagena Protocol on Biosafety, addressing technology

development and transfer, benefit-sharing and biosafety issues.

Importantly, the convention is legally binding; countries that join it

('Parties') are obliged to implement its provisions.

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 ⊷ Importantly, the convention is legally binding; countries that
join it ('Parties') are obliged to implement its provisions

“
⊷ The convention reminds decision-makers that natural
resources are not infinite and sets out a philosophy of
sustainable use. While past conservation efforts were aimed
at protecting particular species and habitats, the Convention
recognizes that ecosystems, species and genes must be used
for the benefit of humans. However, this should be done in a
way and at a rate that does not lead to the long-term decline
of biological diversity.

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 • The convention also offers decision-makers guidance based on
the precautionary principle which demands that where there is a
threat of significant reduction or loss of biological diversity, lack of
full scientific certainty should not be used as a reason for
postponing measures to avoid or minimize such a threat.
• The Convention acknowledges that substantial investments are
required to conserve biological diversity. It argues, however, that
conservation will bring us significant environmental, economic and
social benefits in return.

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 Johannesburg Declaration

87
 The Johannesburg Declaration on
Sustainable Development was adopted at
the 
World Summit on Sustainable Developme
nt
 (WSSD), sometimes referred to as Earth
Summit 2002, at which the Plan of
Implementation of the World Summit on
Sustainable Development was also agreed
upon.

88
 The Johannesburg Declaration builds on earlier
declarations made at the 
United Nations Conference on the Human Envir
onment
 at Stockholm in 1972, and the Earth Summit
 in Rio de Janeiro in 1992. While committing
the nations of the world to 
sustainable development, it also includes
substantial mention of multilateralism as the
path forward.

89
 In terms of the political commitment of parties, the Declaration is a
more general statement than the Rio Declaration. It is an agreement
to focus particularly on "the worldwide conditions that pose severe
threats to the sustainable development of our people, which include:
chronic hunger; malnutrition; foreign occupation; armed conflict; illicit
drug problems; organized crime; corruption; natural disasters; illicit
arms trafficking; trafficking in persons; terrorism; intolerance and
incitement to racial, ethnic, religious and other hatreds; xenophobia;
and endemic, communicable and chronic diseases, in particular
HIV/AIDS, malaria and tuberculosis

90
 HIGHLIGHTS OF JOHANNESBURG DECLARATION

Water and Sanitation

(a) Commitment to reduce by half the proportion of people without access to sanitation by 2015

(b) The United States announced $970 million in investments over the next three years on
water and sanitation projects.

( c) The European Union announced the “Water for Life” initiative that seeks to engage
partners to meet water and sanitation goals, primarily in Africa and Central Asia. The
Asia Development Bank provided a $5 million grant to UN Habitat and $500 million in
fast-track credit for the Water for Asian Cities Programme
91
 Energy

(a) Commitment to increase access to modern energy services, energy

efficiency, and the use of renewable energy.

(b) To phase out, where appropriate, energy subsidies.

(c) To support the NEPAD ( New Partnership for Africa’s Development)

objective of ensuring access to energy for at least 35% of Africa’s
population within 20 year.

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 Health
(a) Commitment that by 2020, chemicals should be used and produced in ways
that do not harm human health and the environment.

(b) To enhance cooperation to reduce air pollution.

(c) To improve developing countries’ access to environmentally sound alternatives

to ozone depleting chemicals by 2010.

(d) The United States announced their commitment to spend $2.3 billion through
2003 on health, some of which was earmarked earlier for the Global Fund.

(e) Sixteen partnership submissions for health projects with $3 million in resources

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 Agricultural

(a)Development of food security strategies for Africa

by 2005.

(b)The United States will invest $90 million in 2003

for sustainable agriculture programs

94
 Bio Diversity and Ecosystem
Management
(a) Commitment to reduce biodiversity loss by 2010.

(b) Reverse the current trend in natural resource degradation.

(c) Restore fisheries to their maximum sustainable yields by 2015.
(d) Establish a representative network of marine protected areas by
2012.
(e) Improve developing countries’ access to environmentally sound
alternatives to ozone depleting chemicals by 2010.

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 Other Issues
(a) Recognition that opening access to markets is a key to development for
many countries.

(b) Support the phase out of all forms of export subsidies.

(c) Commitment to establish a 10-year framework of programs on sustainable

consumption and production.

(d) Commitment to actively promote corporate responsibility and accountability.

(e) Commitments to develop and strengthen a range of activities to improve

preparedness and response for natural disasters
96
 PRECAUTIONARY PRINCIPLE
AND THE POLLUTER PAYS
PRINCIPLE IN ENVIRONMENTAL
POLICY

97
 DEFINITION OF PRECAUTIONARY PRINCIPLE

This is a moral and political principle which states that if an action

or policy might cause severe or irreversible harm to the public, in the
absence of a scientific consensus that harm would not ensue, then the
action should be stopped The principle implies that there is a social
responsibilities to protect the public from exposure to harm, when
scientific investigation has found a plausible risk. These protections
can be relaxed only if further scientific findings emerge that provide
sound evidence that no harm will result
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 BURDEN OF PROVE

⊷ The burden of proof

falls on those who
would advocate
taking the action

99
 ADVANTAGES OF THE
PRECAUTIONARY PRINCIPLE
⊷ Provide policy makers with simple common-sense approach to
evaluating actions
⊷ It allows for greater protection of the consumer and environment .
⊷ it requires decision-makers to explain the rationale behind their
decisions, to quantify the risks, and to provide objective
information. .
⊷ Allows government to create appropriate plans of action giving good
information
⊷ Allows regulators the chance to examine the far reaching effects of
proposed action prior to that action being undertaken

100
 DEFINITION OF POLLUTER PAYS PRINCIPLE

It is a principle in the international environmental law

where the polluter pays for damage done to the natural
environment. It is also known as the extended polluter
responsibility. Whoever is responsible for damage to the
environment should bear the cost associated with it. Its
purpose seeks to shift the responsibility in dealing with
waste from governments to the entities producing it

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 BURDEN OF PROOF

1. The burden of proof lies on the environmental regulators

2. A straight forward interpretation of the polluter pays

principle would suggest that if the consumption or
production activities of one group of consumers or
producers have harmful effects on others then the
perpetrators of the harms should be held liable for the
damages.

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 ADVANTAGES
⊷ It is a simple extension of the principle of fairness and
justice
⊷ It enhance economic efficiency that is it helps to protect the
environment without sacrificing the efficiency of a free
market economic system
⊷ The additional revenues are used to cut payroll, income
and corporate taxes
⊷ Revenues collected can help to achieve other social goals
⊷ It is a way of internalizing externalities

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