ROLE OF INTERNATIONAL LAW IN PROMOTING SUSTAINABLE DEVELOPMENT

ABSTRACT

Not just in scientific, ecological, and political debate but also, progressively, in the conduct of states and pertinent international organizations the idea of “sustainable development” has garnered a lot of attention in recent years. Sustainable development has become of valuable significance and has been supported and acknowledged by a number of international legal instruments since 1992.

This article seeks to capture the essence of the relationship and relevance of the concept of sustainable development with international law. The article addresses the important foundational ideas of public engagement, inter and intra-generational equity, the precautionary principle, and the common but differentiated responsibility. The article further explores the legal frameworks in international law that foster sustainability along with a few worldwide examples. The work concludes by analyzing the issues with effective implementation of the resolutions and offering some ways to enhance international collaboration in order to achieve sustainable development goals (SDGs) in a more egalitarian manner.

KEYWORDS

International Law, Sustainable Development, Treaties, Human Rights, Equity, United Nations.

INTRODUCTION

Sustainable development is a prominent phrase that is used in a variety of contexts, including international, regional, and national levels, through various forms such as treaties, declarations, legislation, policies, and statements, and across multiple aspects such as social, environmental, and economic development. This symbolic ‘concept’ has found its way into several international legal instruments. The Brundtland Commission, sometimes known as the World Commission on Environment and Development (WCED), has most famously defined the concept as development that “meets the needs of the present without compromising the ability of future generations to meet their own needs”.

How are International Law and Sustainable Development interlinked?

International law develops and is constituted of two primary components i.e., custom and treaty. Here, the latter is made by an act of will where the major element is consent, and the former grows with the passage of time by universal practice and acceptance. In addition to treaty and customary international law, there is a category known as ‘ soft law’- a law that is currently being created. Soft laws are primarily morally binding, rather than legally binding. They could take the form of a resolution or a statement outlining civil society’s guiding ideas. Similarly, SDGs are political goals rather than legal restrictions, the substance they reflect (international customs), and the manner in which they were adopted suggest that some of the SDGs may qualify as soft law.

Sustainable development is a complex idea that aims to balance environmental preservation, social inclusion, and economic progress. It has been a worldwide community aim since the late 1980s, and international law has gradually caught up with it. The adoption of the SDGs through a United Nations (UN) Member-State-led process that includes civil society engagement provides a chance to enhance and strengthen the legal validity of the sustainable development concept. There are 17 Sustainable Development Goals (SDGs) and 169 targets that did not come from a normative vacuum; rather, they are based on international law and are consistent with current obligations outlined in various international legal instruments.

GUIDING PRINCIPLES IN INTERNATIONAL LAW FOSTERING SUSTAINABLE DEVELOPMENT

1. Public participation

In international law, public involvement is essential for sustainable development since it is acknowledged to be crucial for guaranteeing accountability, transparency, and inclusivity in decision-making procedures. Principle 10 of the Rio Declaration on Environment and Development encapsulates this idea, stating that the public should have access to information, the ability to participate in environmental decision-making, and the ability to get justice in related matters.

2. Intergenerational and intragenerational equity

Intergenerational equity holds that each generation has the right to utilize the available resources while ensuring these resources remain available for future generations. In simpler terms, it suggests that the current actions should be undertaken while guaranteeing they do not limit the opportunity and ability of future generations to meet their own needs. The principle finds its legal basis in the Stockholm Declaration (1972), The Rio Declaration (1992), and Article 3 of UNFCCC.

Inequalities between individuals and communities within the current generation are referred to as intra-generational equity. This principle states that sustainable development must not just focus on the environmental side but must also safeguard social justice and equitable resource allocation. It is reflected in:

Sustainable Development Goal (SDG) 10: Improve equality among societies and nations, striving forward for equitable access to resources and opportunities.

3. Precautionary principle

The precautionary principle, often known as the precautionary approach, is a comprehensive legal, philosophical, and epistemological stance. According to the definition of this principle, even in cases where complete scientific data is not available, preventive or precautionary steps should be executed when there is harm to the environment or human health. The suspension of preventive actions shouldn’t be justified by the absence of comprehensive scientific measures. The catastrophic 2020 COVID pandemic was a clear and practical example of this.

This principle first found its formal establishment in the preamble to the Vienna Convention for Ozone Layer Protection and in the most recent time it was enshrined in principle 15 of the Rio Declaration.

4. Common but differentiated responsibility

The principle of common but differentiated responsibility was first established at the 1992 Earth Summit in Rio de Janeiro when the countries stated: “In light of the varying contributions to the degradation of the global environment, states have common but differentiated responsibilities. Developed countries recognize the marginal contribution of their societies towards the degradation of the global environment; and thus, the last two to three decades of developing countries’ interventions should be seen mainly in the contest of the burden that the industrialized countries impose”. So CBDR is one of the basic principles laid down in Article 3(1) of the 1992 UNFCCC. It has been adopted in expressions of intent and international treaties ever since, as in Article 2(2) of the Paris Agreement. It is also very much applicable in financing climate-related losses and damages, tremendously influencing the concept of the Loss and Damage fund.

BACKSTORY OF THE CONCEPT OF SUSTAINABLE DEVELOPMENT IN THE INTERNATIONAL ARENA

The first UN Conference on Environment in Stockholm (1972) established the roots of the concept of sustainable development and birthed UNEP. The Stockholm Declaration and action plan for the human environment along with several principles and commitments was adopted by several countries for sustainable development. By placing the environment at the forefront, this conference gave a Head Start to the exchange of dialogue between the developed and developing nations on the matter of economic progress alongside keeping in mind the pollution levels and well-being of human society.

In 1992, the Rio Declaration introduced the concept of international law for Sustainable development. The Earth Summit or the United Nations Conference on Environment and Development (‘UNCED’) was held in June 1992 in Rio de Janeiro to discuss ways and means of solving the major global environmental problems. The Rio de Janeiro Declaration on Environment and Development3 (‘Rio Declaration’), Agenda 21, and a Statement of Principles on forests were the three important documents adopted at UNCED. The Rio Declaration presents 27 defining principles by laying great stress on sustainable development through a proper balance between environmental protection on the one hand and economic and social development on the other, guaranteeing fair resource use, public participation, and cooperation at the global level for a sustainable present and a sustainable future. In addition to these significant milestone achievements, Agenda 21 is detailed as a thorough action plan to be implemented globally, nationally, and locally by UN organizations. These three UNCED documents were adopted by more than 178 governments at the UN conference in June 1992.

Most recent Agenda 2023 and Renewed Global Commitment-

Building on the consecrations of Agenda 2030, the Pact for the Future adopted in 2023 represents an uptick in renewed global commitment to sustainable development. The agenda espouses a commitment to embed sustainability principles within international legal frameworks and deal with global challenges that have emerged, namely digital transformation, pandemic recovery, and climate resilience. Agenda 2023 will enable multilateral cooperation and equity-focused policies that will bridge the gap between aspirational goals and actual outcomes and thus leave no one behind on the path towards a sustainable future.

INTERNATIONAL PACTS, DECLARATIONS, AND RESOLUTIONS HAVE IMPACTED THE WORKING OF THE UNIVERSAL, NATIONAL, AND REGIONAL LEGISLATIONS TOWARDS A SUSTAINABLE FUTURE WORLDWIDE

International agendas, declarations, and resolutions have greatly influenced the development and implementation of universal, national, and regional legislation focused on the promotion of a sustainable future. Basically, this sets the parameters, expectations, and accountability mechanisms for a country and international organization. The Stockholm Conference, the Rio Declaration, the Paris Agreement, and Agenda 2030 all had significant ripple effects in regional organizations across the world. For instance,

1- The EU has established various policy platforms across the member countries promoting Sustainable Development. The European Commission launched the European Green Deal, a comprehensive policy initiative that aims to achieve climate neutrality in the EU by 2050; reduce greenhouse gas emissions to nearly zero; restore and protect ecosystems; invest heavily in renewable energy; and promote sustainable practices- one of which is in the transport, energy, and agriculture-really trying to decouple economic growth from resource usage while helping wildlife and people to live well.

Moving inward, the Nordic countries in the EU have a parliamentary committee directed at the implementation of the SDGs. In the majority of the Nordic states, national plans of action have been developed to implement the 2030 Agenda. National plans of action have been drawn up aimed at making the 2030 Agenda work in most of the Nordic states. Broad participation among society is an important expectation in implementing the 2030 Agenda in all the Nordic countries. In a number of these nations, special forums have been established to guarantee political agreement and communication with social actors. The government’s implementation of the 2030 Agenda has incorporated cities, civic society, the private sector, academia, and youth in all Nordic nations through a variety of umbrella organizations with differing missions and levels of involvement.

2- Onwards to the southeastern nations of the world. To that effect, the regional forum ASEAN realized that collaboration along with environmental management is crucial for sustainable development. The environmental initiatives of the ASEAN are guided by the ASCC Blueprint 2025, which focuses on a few emphatic matters of concern, including biodiversity conservation, climate change adaptation, and issues of sustainable urban development. Fifty years ago, sustainable development did not feature on the agenda of ASEAN, at least not for countries individually or collectively. The environment as a concern was added after the Stockholm Conference on the Human Environment in 1972.The ten ASEAN member states today are party to the United Nations SDGs and draw upon their language and concepts from the international approaches to sustainable development. As a group, ASEAN has duly committed itself to sustainability in the region. ASEAN is dedicated to ensuring “sustainable development for the benefit of the present and future generations and to place the well-being, livelihood, and welfare of the peoples at the centre of ASEAN community building process”. ASEAN Member States are working together in a flexible, supportive, mutually respectful and consensual approach – “the ASEAN way” – for a green recovery. This cooperation amongst countries in the region has been remarkably successful with respect to articulating a common policy framework for sustainability and resilience. Region-wide agreements have been reached in natural resources and biodiversity, cultural heritage, coastal and marine environment, energy and climate, environmental education, etc.

3- The Rio Declaration has shaped India’s environmental governance and sustainable development since its adoption in 1992. With the RIO+20 meeting, the National Democratic Alliance government speedily announced India’s nationally determined contributions on 2nd October 2015 wherein they spoke of the reduction of energy intensity of the economy while transitioning from fossil fuel-based to non-fossil fuel-based energy and sequestering carbon by increasing tree and forest cover. Now with the prime minister upping the ambitions and committing to net zero by 2070, an energy transition process is already underway setting the stage for renewable energy.

India’s commitment to the Sustainable Development Goals (SDGs) resonates with its national development agenda embodied in the motto of Sabka Saath Sabka Vikas. In the second Voluntary National Review, India echoes a change of paradigm to a whole-of-society perspective, with the Government of India engaging sub-national and local governments, civil society organizations, local communities, people in vulnerable situations, and the private sector this is in keeping with the principles of the Rio Declaration and the Universal Agenda for 2030.

4- The Paris Agreement is a historic treaty to tackle climate change and keep global warming well below 2 degrees Celsius with an aspiration of restricting it to 1.5 degrees Celsius, adopted in 2015. As one of the largest emerging economies and an important player in global environmental issues, Brazil has been influenced by the Paris Agreement in several ways. Brazil ratified the Paris Agreement in September 2016, pledging a significant reduction in its greenhouse gas emissions. In its first Nationally Determined Contribution, Brazil targeted a 43% reduction in emissions by 2030 compared to 2005 levels. In November 2024, it submitted an updated NDC establishing the target of reducing net greenhouse gas emissions to 59-67% by 2035. This ambition not only demonstrates increased ambition and trajectory towards climate neutrality by 2050, but it also connects Brazil’s responsiveness to international climate agreements and its commitment to scaling up its climate action framework.

5- Following this, international organizations like ICJ and WTO increasingly advocate for sustainable development standards in international law. For instance-

Gabčíkovo-Nagymaros Project Case: In this 1997 case, the ICJ stressed the need to balance economic development with environmental protection. The judgment recognized the fact that sustainable development should be an integral part of implementing treaties. The court further indicated that the parties to any economic treaty should take into account international environmental law while fulfilling their obligations.

The WTO primarily regulates international trade. However, it does not ignore the fact that sustainable development is also important for its functioning. Key initiatives of WTO-

The WTO Agreement on Trade and Environment – recognizes the linkage between trade and environmental policy. It encourages member states to adopt all measures that protect the environment compatible with the promotion of trade so as to effect a balance between economic growth and sustainability.

Dispute Settlement Mechanism: The WTO has dealt with cases in its dispute resolution system where trade measures have had to come to terms with environmental concerns. In the Tuna-Dolphin case, for example, the Appellate Body ruled that while trade measures may legitimately restrict trade to protect the environment, they must not amount to arbitrary discrimination against foreign products. This case shows the way that trade regulations can fit into sustainable development goals.

These instances are therefore sufficient to demonstrate how numerous nations are creating national climate change strategies in accordance with international agreements and declarations. Cooperation between Sustainable Development and International Law is essential to achieving sustainability goals worldwide as governments fulfil their obligations within a nationally significant organization while contributing to a larger global cause.

CHALLENGES

1- The issue of state sovereignty and differentiated responsibilities–

The tension between state sovereignty and differentiated responsibilities in the context of sustainable development is highlighted in the United Nations Framework Convention on Climate Change (UNFCCC). In 1992, developing countries advocated for the inclusion of the Right to Development, while industrialized nations supported the Right to Promote Sustainable Development.

For developing nations, the Right to Development is crucial, as efforts to meet the 1.5 °C climate objective could adversely impact their economic systems. They argue for a redistribution of international resources and recognition of past colonial injustices. However, developed countries argue that developing nations should not view their sovereignty over natural resources as absolute. The Right to Promote Sustainable Development emphasizes the need to balance economic, social, and ecological aspects for current and future generations. This ongoing tussle between the sovereignty of states and differentiated responsibilities eventually complicates and highlights several issues regarding global efforts to achieve sustainable development goals. The absence of consensus on the equitable distribution of responsibility and resources continues to hamper progress in collaboration efforts between nations.

2- Compliance and Enforcement Mechanisms

The inefficiency of compliance mechanisms in international treaties has posed great challenges, especially within sustainable development treaties. These treaties usually have weak enforcement provisions and are inadequately implemented on state levels. The extent of success of international environmental agreements largely depends on the willingness of state parties to comply: if states find motivation in such agreements as not binding, they can easily escape obligations without consequences. These systems should be improved to increase compliance.

Among the most prominent examples is the Kyoto Protocol, an international treaty that came into effect in 2005 and aimed to reduce greenhouse gas emissions, based on the principle of ‘common but differentiated responsibilities’ as developed countries were supposedly historically responsible for the current levels of emission. The protocol imposed legally binding reduction targets on a total of only 37 states, whilst the major developing countries, such as China and India, were not even required to comply with any level of commitments. Therefore, weaknesses of the protocol were apparent, with many key players, notably the USA, refusing to rig it. Thus, climate action became fragmented, with critics suggesting that such a move instigated an “inefficient path-dependent model” into global climate changes leading to the long-standing inept response against this pressing problem.

3- Climate Change and Environmental Degradation

This is one of the most pressing challenges to sustainable development. Its impacts threaten to roll back the progress made toward sustainability goals. For example, extreme weather, as evidenced by floods in Pakistan, shows how climate-driven disasters undo earlier achievements in infrastructure and displace development efforts. While there is a period of urgent transition towards low-carbon development strategies, many international agreements lack enforcement modalities that are binding, limiting their effectiveness.

REMEDIES

1- IMPROVING ENFORCEMENT MECHANISM AND PARTNERSHIPS

The strengthening of compliance or enforcement mechanisms within international treaties remains critical. This could be achieved by Making binding commitments with a clearly defined penalty for states that do not comply. Moreover, the process of enforcement could be put under check by independent institutions and by peer review summits. The partnerships of the nations could be reinforced under initiatives such as the 2030 Agenda in Sustainable Development, emphasizing collaboration across the globe.

2- CLEAR LEGAL FRAMEWORKS AND DEFINITIONS

A clear legal definition of sustainable development is also crucial for fair enforcement, especially for the definition of ‘sustainable development’. International treaties and agreements should set precise and direct goals and obligations that member states should observe. Clarity can locally coordinate national policy to international standards, hence eliminating ambiguity and ensuring accountability.

3- FINANCIAL CONTRIBUTIONS

Thus, there should be strong consorted action towards resource mobilization for sustainable development, especially from developing countries. This will help enhance development aid and investments in sustainable projects and further encourage public-private partnerships to leverage private-sector resources for the public good. Exploring new financing institutions such as green bonds and climate funds could be effective to start with.

4- BUILDING CAPACITY TOGETHER THROUGH SHARED RESOURCES

Investment in capacity-building efforts directed toward developing nations is of utmost importance for good implementation. This may be achieved by promoting technology transfer from developed to developing countries to ensure the transfer of sustainable technologies to the countries that will drive local development.

CONCLUSION

In essence, sustainable development is the cornerstone of international law for resolving global concerns. The existence of frameworks such as the Stockholm and Rio Declarations implies the implementation of democratic principles for environmental governance in order to achieve sustainable development.

Regional initiatives, such as ASEAN and the EU’s commitment to sustainability, as well as India’s insistence on climate targets, demonstrate active participation in international frameworks. Nonetheless, their effectiveness is frequently hampered by weak compliance and enforcement procedures. Strengthening them is critical to ensuring that commitments result in genuine consequences. However, the debate over sustainable development emphasizes the necessity of international cooperation and creative governance models. Advocating for inclusive representation and accountability, globally, to achieve the overall aim of equitable implementation of SDGs will eventually close the gap between expectations and actions for a sustainable future for all.

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