The Doctrine of Sustainable Development and the Law Related to It

The Article is written by Matiha Khan, School of Legal Studies, Central University of Kashmir.

[1] ABSTRACT:

This paper mainly deals with the Doctrine of Sustainable Development along with its development and implementation. The paper also discusses the important conferences and declarations conducted at the international level to preserve the environment and the applicability of sustainable development doctrine. It considers the meaning and importance of the various principles embodied in the doctrine of sustainable development as well as the Position of Indian law in relation to the implementation of those principles.

Keywords: sustainable development, conferences, declarations, principles, implementation.

[2] INTRODUCTION:

The main idea of the doctrine of sustainable development is to ensure the development of the world in a sustainable manner. In other words, the progress and development of the world have adversely affected the ecology, due to which the world felt the need to deliberate on a sustainable development. Sustainable development is a concept that seeks to meet the needs of the present generation while safeguarding the ability of future generations to meet their own needs. This involves striking a balance between economic growth, social development, and environmental protection. The overarching goal of sustainable development is to foster a world where individuals can lead healthy, fulfilling lives while simultaneously preserving the planet for future generations. Achieving this objective requires a long-term perspective and a resolute commitment to implementing changes that will accrue benefits both for people and the planet over time. Key principles of sustainable development include reducing waste and pollution, conserving natural resources, and promoting social equity and economic opportunity.

[3] DOCTRINE OF SUSTAINABLE DEVELOPMENT & ITS DEVELOPMENT:

The doctrine of sustainable development was adopted due to the impact of industrialisation on the ecology. In order to achieve economic and social advancement, it is pertinent to maintain a balance between the environment and development. There can be no development without the preservation of the environment. Sustainable development is a concept that emphasises the importance of meeting the needs of present generations without jeopardising the needs of future generations. This requires a delicate balance between economic, social, and environmental considerations, with the ultimate goal of creating a more sustainable future for all. To achieve this, it is essential to promote the use of renewable energy sources, conserve natural resources, reduce carbon emissions, protect biodiversity, and encourage sustainable agriculture practices.

[3.1] DEVELOPMENT OF SUSTAINABLE DEVELOPMENT DOCTRINE:

There is a need to protect as well as preserve nature and natural resources in such a way as to fulfil the demands of present as well as future generations. Therefore, the world community, from time to time, gathered to discuss various pertinent environmental issues. Following are some of the important environmental conferences and meetings held on the international level to implement and promote the idea of sustainable development:

• STOCKHOLM CONFERENCE[1]: The Stockholm conference was a historical event where the concept of sustainable development was discussed. It was the first time different nations came together to address growing pollution and environmental degradation concerns. The main focus was on the idea of sustainable development to create a balance between economic development and environmental protection. The conference was a major turning point in the global environmental scenario, which led to the adoption of United Nations Environment Programme (UNEP) in 1975, which is still in operation today. The Stockholm conference also helped to raise public awareness about the need for environment-friendly development. It paved the way for future international agreements, including the Paris Agreement on climate change. Overall, the Stockholm conference was an important moment in the history of environmentalism and demonstrated the power of international cooperation to address global challenges.
• COCOYOC DECLARATION[2]: The Cocoyoc Declaration proved to be a crucial step towards a more fair and just global economic system. The term ‘sustainable development’ was first ever used in this declaration, wherein the impact of massive industrialisation across the globe was highlighted along with the need for its prevention and protection of the environment. The declaration also focused on the participation of nations in shaping the basis of their own existence and their contribution towards the fashioning of the world’s future. The declaration also stated that development without preserving the environment is full of ‘gaps’ and the main goal is to ‘catch up’ and to ensure the quality of life for all with a productive base compatible with the needs of future generations.
• INTERNATIONAL UNION FOR CONSERVATION OF NATURE (IUCN): The World Conservation Strategy on the Patterns of Stockholm Conference was adopted by International Union for Conservation of Nature (IUCN) in the year 1980 to protect the planet’s natural resources and promote the Sustainable Development Goals (SDGs). It is also aimed at conducting research, education, and advocacy efforts to raise awareness about environmental issues and promote policies and initiatives that encourage the conservation of natural resources along with the sustainable development of world communities.
• MONTREAL PROTOCOL[3]: The Montreal Protocol (1987) is an international treaty that is aimed at protecting the ozone layer from depleting by limiting the production and consumption of ozone-depleting substances. The protocol is a great example of how countries can come together to address global environmental issues and consider the needs of future generations.
• BRUTLAND COMMISSION: The Brutland Commission was a notable assembly established by the United Nations with the specific aim of addressing the critical issue of sustainable development. The commission’s pivotal report, which was aptly titled ‘Our Common Future,’ highlighted the pressing need for striking a balance between economic progress, environmental conservation, and social justice. The report’s findings have had far-reaching implications and have influenced a plethora of policy decisions worldwide. Undoubtedly, the Brutland Commission stands out as an exemplary illustration of how global collaboration can lead to positive transformations aimed at addressing some of the world’s most pressing challenges. The commission fully endorsed the idea of sustainable development.
• EARTH SUMMIT[4]: The Earth Summit was a momentous occasion for the international community, as it brought together representatives from over 170 countries to focus on pressing global environmental issues and sustainable development. This conference was a pivotal moment in the efforts of the world community to address the challenges facing our planet. At the summit, world leaders adopted the Rio Declaration on Environment and Development, which outlined principles for sustainable development, and the Agenda 21 action plan, which set forth specific goals and targets for achieving sustainable development. Today, the Earth Summit remains an influential event that continues to shape policy and drive action around the world.
• AGENDA 21: Agenda 21 is a landmark sustainable development program initiated by the United Nations in 1992. This comprehensive plan has been designed to address a wide range of issues that have made an impact on our planet’s well-being, including agriculture, energy, transportation, and waste management. With the adoption of Agenda 21 by numerous countries worldwide, there is an emphasis on finding a harmonious balance between economic development and the protection of the environment. The program recognises that our planet’s resources are finite, and it aims to promote a sustainable future for all. By prioritising sustainable practices and adopting environmentally-friendly policies, we can create a world that benefits both current and future generations. Agenda 21 is a crucial step towards achieving this goal, and it provides a roadmap for how we can come and work together to make the world a better place.

[4] LAW ON SUSTAINABLE DEVELOPMENT:

The law on sustainable development is an important piece of legislation that aims to promote environmentally-friendly practices and a more sustainable future for our planet. It recognises the dire need to balance economic growth with environmental protection and social progress and provides guidelines for achieving this balance. The law encourages the use of renewable energy sources, the adoption of cleaner technologies, and the reduction of greenhouse gas emissions. It also promotes sustainable agriculture, forest management, and fisheries practices, as well as the conservation of biodiversity.

Following are some of the essential principles[5] propounded by the doctrine of sustainable development:

1. INTER-GENERATIONAL EQUITY[6]: The principle of inter-generational equity is an essential concept that highlights the significance of ensuring that the upcoming generations have access to the same resources, opportunities, and quality of life as the current generation. It requires taking a long-term view of our actions and making decisions that prioritise sustainability and the well-being of future generations. This principle is particularly pertinent in the context of environmental issues, where our actions today have far-reaching consequences for the planet and the generations to come
2. CONSERVATION OF NATURAL RESOURCES[7]: The doctrine of sustainable development primarily focuses on the conservation of natural resources for the long-term sustainability of our planet. The world community is obliged to safeguard and preserve vital resources such as water, air, soil, and minerals for the benefit of future generations. By adopting measures that curtail the consumption and waste of these resources, emphasis is given to the importance of their continued availability well into the future.
3. ERADICATION OF POVERTY: The world communities also focused on the need to prioritise the eradication of poverty when it comes to sustainable development. For a better world, it is essential to provide opportunities for education, access to healthcare, and job creation to individuals and communities to break the cycle of poverty and achieve long-term economic stability.
4. PROTECTION OF ENVIRONMENT[8]: As responsible inhabitants of this planet, nations around the globe endorsed it as their collective duty to safeguard the environment and to take proactive measures to conserve our natural resources and preserve the exquisite beauty of the world. The prime focus was given towards reducing carbon footprint, which can be achieved through simple yet impactful actions such as using energy-efficient appliances, driving less, and adopting sustainable modes of transportation. Additionally, the measures of recycling and choosing eco-friendly products were also highlighted to minimise the impact on the environment.
5. FINANCIAL ASSISTANCE TO DEVELOPING COUNTRIES[9]: The issue of protecting the environment is an issue that affects everyone on the planet, but it is perhaps felt most acutely by developing nations. Such countries often lack the resources and infrastructure necessary to address environmental problems, which can have devastating consequences for their populations. As a result, the world has come together to increase financial assistance to these nations to help them protect the environment and mitigate the effects of climate change. This can be done by provision of grants or loans that can be used to fund projects aimed at reducing greenhouse gas emissions, preserving biodiversity, or otherwise protecting the environment or through the provision of technical assistance and capacity-building programs that can help these nations develop the expertise and infrastructure necessary to address environmental problems on their own. Financial assistance can play a critical role in helping developing nations protect the environment. Not only can it help these nations mitigate the effects of climate change and preserve their natural resources, but it can also help them build a more sustainable future.
6. COOPERATION AND ASSISTANCE[10]: Collaboration and mutual support are critical to achieving sustainable development goals. At the international level, it is the duty of the nations to make significant progress towards creating a more sustainable future for everyone. The pooling of knowledge and resources at an international level will help in generating innovative solutions to challenges and ensure that our actions have a positive impact on both the planet and society.
7. PRECAUTIONARY PRINCIPLE[11]: The precautionary principle is a fundamental principle that advocates that in instances where there is a potential threat to human health or the environment, measures ought to be taken to prevent harm, even in the absence of definitive scientific evidence to support such action. This approach is commonly employed in domains such as food safety, environmental preservation, and public health policy, where the ramifications of inaction could be dire. While some contend that the precautionary principle may be excessively cautious and impede innovation, others believe that it is an essential safeguard against potentially hazardous practices and products. The decision as to whether or not to apply the precautionary principle in a given situation requires careful evaluation of all available evidence and the potential risks and benefits of various courses of action.
8. POLLUTANT PAYS PRINCIPLE[12]: The pollutant pays principle is a widely recognised environmental policy that seeks to hold polluters accountable for the adverse effects of their activities on the environment. This principle requires that those who produce pollution should bear the financial burden of mitigating the damage caused by their actions. The primary objective of this principle is to encourage individuals and organisations to adopt responsible environmental practices by reducing their pollution levels and taking proactive measures towards environmental conservation. Overall, the pollutant pays principle is a just and effective method of tackling environmental issues while promoting sustainable development.
9. DOCTRINE OF PUBLIC TRUST[13]: The ethical principle of the Public Trust Doctrine holds immense significance for public officials and organisations. Its fundamental premise is that those entrusted with public resources or occupying public positions must act in the best interests of the public without any personal gain or benefit. This principle also emphasises the importance of transparency, accountability, and responsibility in all decision-making processes. By adhering to this principle, public officials can ensure that they are serving the public with integrity, fairness, and accountability, thereby upholding the public’s trust in their actions and decisions.

[5] INDIAN SCENARIO:

In recent years, India has taken notable strides in enacting regulations that support sustainable development. The country has recognised the importance of balancing economic growth along with environmental protection and social progress to create a sustainable future. The establishment of the National Green Tribunal in the year 2010 is one example of India’s commitment to sustainable development. This specialised court hears cases related to environmental disputes and has the authority to enforce penalties and fines against individuals and companies that violate environmental regulations. Additionally, the Forest Rights Act, which was passed in 2006, recognises the rights of forest-dwelling communities to live in and sustainably utilise forest resources. The act also mandates that their consent be obtained before any development projects can take place in their forests. Furthermore, India has made significant progress in promoting renewable energy, with the National Solar Mission being a notable example, thereby reducing India’s dependency on fossil fuels and promoting sustainable energy production. Indian laws and policies are a testament to its strong commitment to sustainable development. By striking a balance between economic growth, environmental protection, and social equity, India is working towards a sustainable future for all its citizens.

India hosted the G-20 summit in 2023, where leaders from around the world came together to deliberate on the concept of sustainable development. The focus was on finding ways to balance economic growth with environmental protection and social progress. The Indian government presented its plans to promote renewable energy, reduce carbon emissions, and ensure access to basic necessities like clean water and healthcare. The summit resulted in several agreements and initiatives to promote sustainable development, including investments in green infrastructure, education and training programs, and public-private partnerships. The G-20 leaders acknowledged the importance of sustainable development for the future of our planet and committed to taking action to achieve it.

The Indian judiciary has also recognised the principles of sustainable development doctrine, including the polluter pays principle[14], precautionary principle[15], protection of environment[16], pollution-free environment[17]

[6] CONCLUSION:

It is crucial to achieve sustainable development, which involves balancing economic growth, social progress, and environmental protection. This concept recognises the interconnectedness of these three aspects and their integration into any development strategy. The doctrine of sustainable development aims to meet the present needs and to take into consideration the needs of future generations. It requires a long-term perspective and commitment to responsible resource management, social equity, and environmental stewardship. All stakeholders, including governments, businesses, civil society, and individuals, must participate in achieving sustainable development through a concerted effort to promote sustainable practices and policies at all levels.

[7] REFERENCES:

1. Dr Paramjit S. Jaswal, Dr Nishtha Jaswal & Vibhuti Jaswal, Environmental Law, (6^th ed., 2022).
2. Arthur H. Westing, Core Values for Sustainable Development | Environmental Conservation, September 1996, Vol. 23, No. 3, p. 218-225, Cambridge University Press, Core values for sustainable development (knimbus.com).
3. International Union for Conservation of Nature and Natural Resources (IUCN), World Conservation Strategy (Living Resource Conservation for Sustainable Development), 1980, World Conservation Strategy (iucn.org).
4. Soura Subha Ghosh, Sustainable Development and Indian Judiciary – Article 21, Sustainable Development and Indian Judiciary – Article 21 (legalserviceindia.com).
5. Virginie Barral, Sustainable Development in International Law: Nature and Operation of an Evolution Legal Norm | The European Journal of International Law Vol. 23 no. 2, (2012), chs016.pdf (silverchair.com).
6. Peterson K. Ozili, Sustainability and Sustainable Development Research around the World, (2022), (PDF) Sustainability and Sustainable Development Research around the World (researchgate.net).
7. G. S. Tiwari, Sustainable Development as a Socio-Economic Growth Strategy: Expanding Horizons of Environmental Law in India | Journal of the Indian Law Institute, Vol. 52, No. 3/4, Special Issue on Climate Change & Environmental Law, (2010), p. 435-452, SUSTAINABLE DEVELOPMENT AS A SOCIO-ECONOMIC GROWTH STRATEGY: EXPANDING HORIZONS OF ENVIRONMENTAL LAW IN INDIA (knimbus.com)
8. Nupur Chowdhury, Sustainable Development as Environmental Justice: Exploring Judicial Discourse in India | Economic and Political Weekly, Vol. 51, NO. 26/27 (2016), Sustainable Development as Environmental Justice: Exploring Judicial Discourse in India (knimbus.com).
9. Nagendra Singh, Right to Environment and Sustainable Development as a principle of International Law | Journal of the Indian Law Institute, Vol. 29, No. 3 (1987), p. 289-320, RIGHT TO ENVIRONMENT AND SUSTAINABLE DEVELOPMENT AS A PRINCIPLE OF INTERNATIONAL LAW (knimbus.com).

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[1] The conference was held in Stockholm, Sweden, in 1972

[2] The Cocoyoc Declaration was a significant agreement made in Mexico in 1974. It called for a new economic order that would prioritise the needs of developing countries and reduce global inequality. The declaration was signed by a group of 23 developing countries.

[3] Montreal Protocol was signed in 1987 and has been successful in reducing the amount of harmful chemicals in the atmosphere.

[4] The summit was held in Rio de Janeiro, Brazil, in the year 1992

[5] The essential principles of Sustainable Development were discussed in Brundtland Commission and Sustainable Development, in its report ‘Our Common Future’ in 1983.

[6] The concept of Inter-Generational Equity was propounded in the declarations including the Rio Declaration (1992) and UN Framework Convention on Climate Change (1992). It has been recognised under the principle 1 & 2 of the Stockholm Declaration; Rio Declaration, Principle 3.

[7] Agenda 21, Section II.

[8] Rio Declaration, Principle 2.

[9] The Stockholm Declaration, Principle 13; Rio Declaration, Principle 9.

[10] Ibid; Rio Declaration, Principle 5; Agenda 21, Section I.

[11] The Stockholm Declaration, Principles 6 & 18; Rio Declaration, Principle 15.

[12] Ibid, Principles 20, 21, 22; Rio Declaration, Principle 16.

[13] The Magna Carta, 1215.

[14] Vellore Citizen Forum v. Union of India AIR (1996) SC 2715.

[15] Ibid.

[16] Subash Kumar v State of Bihar, AIR (1991) 420 SCR; M. C. Mehta v. Kamal Nath, (1997) 1 SCC 388.

[17] M. C. Mehta v. Union of India & Ors, AIR (1987) 1086; Abhilash Textiles v. Rajkot Municipal Corporation, AIR (1988) Guj 57.