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Summary
Title: International Law and Policy' Role in the Field of Sustainable Development: A
Study with Particular Reference to India
Author and Affiliation:
Research Scholar, Department of Law, Central University of Punjab, Bathinda, India ,151401
International Law and Policy' Role in the Field of Sustainable Development: A Study
with Particular Reference to India
Abstract
The goal of the paper is to evaluate and interpret both Indian and international legal remedies
for the problems with sustainable development and environmental pollution. It shows how well
the judiciary of India has encouraged environmental activism and considerably enhanced the
statute law to safeguard the environment and encourage sustainable development. The journey
from Stockholm to Rio Sumit put us on the way that all people should be on if they want to
live healthy, productive lives that are in harmony with nature. A number of environmental laws
were passed as a result of the idea of sustainable development, which was one of the key drivers
behind their creation. These laws were intended to safeguard the environment while also
minimizing pollution. The paper will also acknowledge the existence of the specific function
performed by India's court in interpreting a number of legislations regarding environmental
protection in that country. Global worry regarding ecological degradation has emerged, and it
now poses a problem for both the current and upcoming human generations. For the existence
of life, environmental preservation must be a top priority. The responsibility of the present
generation, has the chance to address environmental issues since, if the current condition is
allowed to persist, the next generation won't exist. The future of humanity is now at stake in
the environmental agenda. The environment is a part of the people, and the reverse is also true.
In addition to providing information about the role of international legal framework in the field
of sustainable development, the current paper also offers a way to understand how the field is
now developing.
I. Introduction
The degradation of the environment and unsustainable development that threatens the existence
of life is currently the world's biggest concern, and India in particular. Degradation of the
environment has emerged as a global issue and challenge for the present and the future. For the
existence of life and the defence of the right to life, environmental protection has now taken
precedence. Because of the basic dependency between the biological, physical, and social
environments and their interactions, which support all forms of life, human growth has
historically been parasitic on the environment.
Environmental devastation results in the extinction of all living things, including humans.
Environmental degradation is caused by excessive production, excessive resource use, nuclear
radiation, industrial waste, industrial accidents, violent logging, indiscriminate quarrying,
contamination of rivers and water supplies, and a sharp rise in air and noise pollution. The
current development plan has detrimental repercussions on human life, including global
warming, ozone depletion, and pollution.
The study will analyse the goals, including defining sustainable development and defining wh
at it means; identifying the fundamental causes of environmental degradation and unsustainab
le development; analysing current laws and comparing them to the current international frame
11
work; and examining the role of the Indian judiciary in policies that relate environmental prot
ection and sustainable development.
The study will analyse the goals, including defining sustainable development and defining what
it means; identifying the fundamental causes of environmental degradation and unsustainable
development; analysing existing legislation and comparing them to the current international
31
framework; and examining the role of the Indian judiciary in policies that link environmental
safeguards to sustainable development.
The environmental degradation has become the subject of global concern and it has become a
challenge to the present and the future generations of humankind. The environmental protection
has to be a priority for the existence of life and for the protection of right to life.
Environmental law is a comparatively new branch of law and has evolved mainly over the last
thirty years. It is therefore in a formative stage and is undergoing a process of rapid
development inspired also by a quantum leap in our understanding of the environmental
challenge. The responsibility of present generation which has the opportunity to tackle
environmental problems because the next generation will not be there if the present situation
is allowed to continue. The life of human beings depends not only upon on the environment
but also upon ecological factors. So, there is a need to protect environment and maintain
sustainable development by each and every country.
IV. Scope of the Study
The dedication of the legislative, executive, and judicial branches of government is necessary
for sustainable growth to be accomplished. The judiciary is crucial in advancing environmental
governance, upholding the rule of law, and ensuring a just balance between development, social
issues, and the environment. Each nation's policies and practises should incorporate
33
environmental sustainability and development. The purpose of the current study is to evaluate
the necessity for sustainable environments and the significance of sustainable environments for
the right to life.
As evidenced by the frequent treaty obligation to report on legislative measures, the adoption
and enforcement of laws and regulations (at the regional, national, state/provincial, or
local/municipal level) are also necessary for the implementation of the majority of international
agreements made in the fields of environment and development.
A number of environmental movements from prior decades gave rise to the idea of sustainable
29
development (hereafter, SD). Particularly after the 1992 Earth Summit in Rio de Janeiro,
Brazil, SD gained relevance. The idea of using the planet's resources sustainably has a long
21
history. At the time of the Cocoyoc Declaration on Environment and Development in the early
1970s, the phrase "Sustainable Development" first appeared in use. Since then, it has become
trademark of international organisations dedicated to achieving environmentally benign or
15
beneficial development (Redclift, 2003). With regard to the interests of both the present and
15
future generations, SD provides a compromise between the objectives of environmental
preservation and economic development. The entire philosophy is predicated on the idea that
natural resources, like the sea floor, are not the results of the labour of current generations and
may only be used with due care for the rights of future generations (Krämer, 2021). Adopting
a sustainable development strategy that promotes energy efficiency, renewable energy, and
other environmentally friendly practises is the most efficient method to combat climate change.
(Fülöp, 2021).
With the help of SD, civilization may engage with the environment without endangering the
resource's long-term health. Hence, it is a notion that calls for raising living standards without
endangering the planet's ecosystems or creating environmental problems like deforestation and
pollution of the air and water, which can lead to issues like climate change and the extinction
of species.
For the past 30 years, SD has acquired widespread acceptance in international legal texts that
are not legally binding. It is expressed in innumerable state statements, international
organisation resolutions, and action plans, yet these governments are unable to create an
enforceable legal rule pertaining to sustainable development. 112 multilateral treaties mention
SD, 30 of which call for universal involvement (Sustainable development, future generations,
and Public Trust 2014). SD reconcile conflicting norms of environment economy, social
development and human rights. In many international treaties and conventions, SD is the main
part of text. Concept of SD is part of many decisions of international courts of justice.
Environmental law and developmental law are not alternatives but they are integral concepts.
Development should not be against to the environment and concept of environmental
protection should not prevent development.
The significant principle of SD is the set of principles mentioned in the Rio Declaration on
Environment and Development, Agenda 21, Climate Change Convention, Biodiversity
Convention and Non-binding Principles on Forestery, 19921.Those are
• Principle of conservation2,
• Principle of integration5,
26
1
Rio Declaration on Environment and Development, Agenda 21, Climate Change Convention, Biodiversity
Convention and Non-binding Principles on Forestery, 1992.
2
Rio Declaration, Principle 7.
314
Rio Declaration, Principle 25.
4
Climate Change Convention, Art. 3, Bio-diversity Convention.
5
Rio Declaration, Principle 2.
6
Rio Declaration, Principle 16.
7
Rio Declaration, Principle 3.
8
Rio Declaration, Principle 3.
VII. International law and Sustainable Development
The most notable legal innovation of the twenty-first century, environmental law has gained
enormous global popularity. To reduce pollution, almost all of the world's countries have
passed environmental protection legislation. Environmental law has so been viewed from both
national and international viewpoints. By case-law, the Courts are gradually creating a few
isolated areas of environmental law. It can be observed, in particular, in cases involving judicial
activism and public interest litigation. After 30 years, due to United Nations treaties, SD has
entered international law and is in use on a global scale (Reimer, 2021). The world community
calls for the documentation of SD, yet SD is covered by numerous international declarations,
resolutions, and treaties.
International law provides a mechanism through which the targets of the global community are
5
made efficient, and can be strengthened and clarified. As Decleris states: ‘like all social
institutions created by man so far, the institution of sustainable development too will acquire
its specific form via the science of law and its application by court decisions’ (Directorate-
General for Environment (European Commission) & Decleris, 2000).
International environmental law was not entirely absent prior to the Stockholm Conference in
1972, which first established international legal norms. This period can be divided as follows-
The public's anxiety over the global crisis increased as irreparable damage started to become
apparent. This spurred initiatives to bring up International Environmental Control.
Early examples of international environmental law include a few bilateral or even multilateral
agreements that were mostly signed during the first decade of the twenty-first century and had
16
provisions for the preservation of natural resources. The 1909 Boundary Waters Treaty
between Great Britain (on behalf of Canada) and the United States stipulates, among other
20
things, that waters that are designated as boundary waters and waters that flow across the border
must not be polluted on either side in a way that harms the other's health or property. The border
between Germany and Belgium is governed by a provision in the 1929 agreement between the
two nations. Never allow water that could harm public health to run into ditches or streams in
the said agreement.
Due to their constrained scope, the treaties and agreements signed during those times were
unable to have a significant impact. With a few exceptions, those regional treaties and accords
were mostly intended to settle disagreements over the distribution of water. Nonetheless, they
have the ability to influence the growth of global environmental protection standards. In 1954,
shortly after the millennium's midpoint, an international convention was held to address oil
contamination of the oceans. The Convention expressly forbade the discharge from any oil
tanker of any oily mixture containing oil that would contaminate the sea's surface and
established penalties in accordance with the law of the relevant area. The passage of the
Antarctic Treaty gave the international environmental law movement a boost and tightened
environmental regulations in areas that are shared by multiple nations. This is strongly
illustrated by its emphasis on using Antarctica only for peaceful purposes and by its prohibition
of nuclear explosions and the disposal of radioactive waste (Jariwala, 1993).
The idea of SD was first discussed by Brundtland Commission 1987 ‘Report over Common
10
Future’. Brundtland Report defines SD as follows- ‘Sustainable development is development
that meets the needs of the present without sacrificing their ability to meet their own needs for
subsequent generations’9.
According to the Brundtland Report the concept of sustainable development contains two key
concepts:
(a) The idea of necessities, in particular the fundamental requirements of the world's poor, to
which absolute precedence should be accorded,
928
Report of the World Commission on Environment and Development: 1987
(b) the notion that the environment's capacity to meet existing and future needs is constrained
by the state of technology and social organisation (Report of the World Commission on
Environment and Development: 1987: P. 13).
Earth Summit
19
The United Nations Conference on Environment and Development (UNCEP)- Earth Summit
was held in June1992 at Rio De Janerio wherein more than 150 Governments participated. The
size of this UN Conference was unprecedented. The goal of UNCED was to get everyone on
board with sustainable development, which attempts to protect resources for coming
generations. The Earth Summit was inspired by 1987, Brundtland Report. The Earth Summit
made people around the world consider how their lifestyles impact natural resources. The Five
Documents of Earth Summit are as follows-
On December 11, 1997, a summit to reduce global warming was organised. A historic
agreement was struck by delegates from 159 countries at the world climate summit, asking for
industrialised countries to reduce their emissions of greenhouse gases by a mandated amount
in the next millennium in order to prevent possibly catastrophic global warming. By imposing
strict restrictions on the emissions of greenhouse gases by industrialised nations, this agreement
18
bolstered the 1992 Convention on Climate Change.
The conference was held in Montreal, Canada, from November 28 to December 10, 2005. The
majority of the participating nations were required to adhere to precise and binding emission
reduction targets as a result of this climate change convention.
• Accelerating action- The need for action "in this critical decade," when carbon dioxide
emissions must be lowered by 45% to reach net zero by mid-century, was emphasized
by many countries..
• Moving away from fossil fuels- Countries ultimately agreed to a provision asking for a
phase-down of coal power and a phase-out of "inefficient" fossil fuel subsidies, which
was possibly the most contentious decision made in Glasgow.
VIII. Stepping up support for adaptation- The Glasgow Pact advocates for tripling the amount
of money allocated to aiding developing nations in preparing for and coping with the
effects of climate change.
IX. Indian Law and Sustainable Development
The numerous assessments show the insufficiency in handling development and environmental
issues, despite the fact that these regulatory authorities were significantly involved in the
formulation and implementation of the policy. This has seriously cast doubt on the idea that
legal aspects of SD are included in India's environmental governance.
10
Article 48-A of The Constitution of India provides that ‘The state shall endeavour to protect and improve the
environment and to safeguard the forest wildlife of the country’.
8
11
Virender Gaur v. State of Haryana 1995(4) SCC 571, 580, Indian Council for Enviro-Legal Action v. Union
of India (Bichhri case) AIR 1996 SC 1446-9, M.C. Mehta v. Union of India AIR 1988 SC 1037; etc.
12
Article 51-A (g) of The Constitution of India provides that ‘It shall be the duty of every citizen of India to
protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion
for living creatures’.
is the means to achieve the goals in Part IV. These rights in Part III can be enforced
directly in the court of law. Article 21 of Indian Constitution.13 It ensures a fundamental
right to a dignified existence, a means of support, good health, and access to medical
treatment, etc. Life, health, and the environment are all interconnected; without a clean
environment, one cannot be healthy. Life has no value if one is not in excellent health.
25
Judiciary has done justification by interpreting right to live in healthy environment
which is also sanctum sanctorum of Human Rights.
Healthy existence, the preservation of clean and healthy surroundings, and stable
9
ecological balance are vital components of the right to live in a healthy environment.
13 6
Article 21 of The Constitution of India provides that ‘No person shall be deprived of his life or personal
liberty except according to procedure established by law’.
to people, property, and the environment, as well as for matters related to or connected to
those cases.
Energy Conservation Act, 2001- In India, energy saving has become a key policy goal. The
Indian Parliament passed the Energy Conservation Act (hence, ECA), 2001, in September
of that year. The Energy Conservation Building Codes (hereafter, ECBCs), energy
performance criteria, and the display of energy consumption labels are all mandated by this
Act for large energy consumers, buildings, and appliances. In other words, the Act offers
the nation's energy efficiency measures with a legal foundation. It has required and
promotional programmes that, in general, pertain to specified consumers, standards and
labelling programmes for appliances and equipment, and ECBCs for new commercial
buildings.
National Green Tribunal Act (NGTA), 2010- NGT was officially notified on October 19,
2
2010. The tribunal is only concerned with environmental matters. It was created by an act
of parliament (the National Green Tribunal Act, 2010), and it will have circuit benches all
around the nation to hear any cases involving or resulting from environmental concerns.
2
The tribunal consists of one chairman and other members who are experts in the field of
environmental and related sciences. It has the authority to give instructions for the
restitution and compensation for harm brought on by negligent environmental practises.
34
This is the only organisation of its kind whose parent statute mandates application of the
sustainable development and polluter pays principles.
11
XI. The Role of Judiciary
• The Supreme Court of India prohibited limestone mining operations in the Himalayan
3
slopes, taking into account the interests of future generations in the distinctive legacy
4
of the Himalayan ecosystem. (Rural Litigation and Entitlement Kendera V. State of
U.P.15,
• The Supreme Court of India ruled in this case that although while the leather business
7
is crucial to the nation because it generates foreign exchange and creates employment
opportunities, it has no right to ruin the ecology, degrade the environment, and present
4
a health risk. (Vellore Citizens Welfare Forum v Union of India,)16.
• ‘The Polluter Pays’ principle has been held by the Supreme Court and the court also
observed, ‘Any theory developed in this regard, in our opinion, should be
straightforward, workable, and appropriate for the circumstances existing in this
nation. According to the Court's decision, "If the action is hazardous or inherently
dangerous, the person engaging in such activity is liable to compensate any loss caused
to any other person by his irrespective activity without reasonable care.’. (Indian
Council for Enviro Legal Action v Union of India,1996)17
XII. Conclusion
Although there have been substantial improvements in the legal protection of the environment,
there are still a number of gaps. Environmental Impact Assessment must be prioritised, and the
SD principle must be acknowledged. India should focus on socioeconomic development as a
14
Writ Petition Civil No 860 of 1991.
15
AIR 1988 SC 2187.
16
AIR 1996 SC 2715.
17
(SC) 196: (1996 AIR SCW 1069).
developing nation, but it must be coordinated with environmental improvement. This is only
achievable if economic growth and progress are built on the notion of SD.
In the end, it can be said that developed country are not looking so interested to make world
safe, their only focus to make their premises safe which can be seen this through their conduct.
From Earth Summit, 1992 to COP26, world leaders have been delivering the same speech over
and over again. Their statement and promises are so articulative but their aid to the developing
countries is not in the same stated manner. Even today the developed country rarely would
want to share the technology which will be helpful to maintain the SD of developing countries.
So, if the worlds’ so called great and powerful countries aim to have a safe environment, they
will have to help developing countries without any greed.
References:
Directorate-General for Environment (European Commission), & Decleris. (2000, July 10).
The law of sustainable development: General principles. Photo of Publications Office of
the European Union. Retrieved August 1, 2022, from
https://op.europa.eu/en/publication-detail/-/publication/28d5c957-eb81-4ef2-8cdc-
31aa28436206/language-en
Global judges symposium from 18-20 August 2002, members of the ... - eufje. (2002, August).
Retrieved August 1, 2022, from
https://www.eufje.org/images/DocDivers/Johannesburg%20Principles.pdf
Krämer, L. (2021). Time to think: Sustainable Development, future generations and the
individual. Intergenerational Justice in Sustainable Development Treaty
Implementation, 211–224. https://doi.org/10.1017/9781108768511.014
Person, Michael, & Redclift. (1987, June 18). Sustainable development: Exploring the
contradictions: Michael Redcl. Taylor & Francis. Retrieved August 1, 2022, from
https://www.taylorfrancis.com/books/mono/10.4324/9780203408889/sustainable-
development-michael-redclift
Sustainable development, future generations, and Public Trust. (2014). Global Environmental
Constitutionalism, 329–342. https://doi.org/10.1017/cbo9781139135559.019
UNEP Global Judges programme - united nations environment programme. (2005). Retrieved
August 1, 2022, from https://stg-
wedocs.unep.org/bitstream/handle/20.500.11822/8406/-
UNEP%20Global%20Judges%20Programme-20053747.pdf
United Nations. (1987). Report of the World Commission on Environment and Development:
United Nations. Retrieved August 1, 2022, from
https://digitallibrary.un.org/record/139811
United Nations. (2004). Take action for the sustainable development goals - united nations
sustainable development. United Nations. Retrieved August 1, 2022, from
https://www.un.org/sustainabledevelopment/sustainable-development-goals/
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action
www.un.org
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www.unep.org
environmental degradation has become the subject of global concern and it has b...
www.zeugmakongresi.org
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sacep.org
Article 51-A
Yann Prisner-Levyne. "Trophy Hunting, Canned Hunting, Tiger Farming, and the Questionable Relevance of t...
Article 48-A of The Constitution of India provides that ‘The state shall endeavour t...
www.coursehero.com
follow up
Bharat Desai. "Institutionalizing International Environmental Law", Brill, 2003