TheEmergenceandGrowthofSustainableDevelopment

Environment Law

Submitted by:

Suyogaya Awasthy

2014127

SEMESTER V

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

Visakhapatnam

OCTOBER 2016

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 CERTIFICATE

Title of the subject: Environment Law

Name of the faculty: Miss. Sudha Maam

I, Suyogya awasthy, hereby declare that this Project titledsubmitted by me is an original work
undertaken by me. I have duly acknowledged all the sources from which the ideas and
extracts have been taken. The projects free from any plagiarism issue.

(Signature of the candidate)

Place: Visakhapatnam Name: Suyogya
Date: 21/10/16 Roll No. 2014127
Semester v

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 TABLEOFCONTENTS

Introduction4

BriefHistory5

Definition 5

SustainableDevelopmentAndInternationalLaw6

WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT

(JOHANNESBERGSUMMIT)2002Highlights7

ThreePillars:ApproachestoSustainability9

STATUSOFSUSTAINABLEDEVELOPMENTININDIA10

Conclusion13
Bibliography14

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 CHAPTER 1

INTRODUCTION

Sustainable Development is a modern fashionable phrase which is frequently

used in social, economic, scientific, legal, business and political circles. The
critics of the phrase aver that the term sustainable development is not capable
of any precise, succinct or final meaning of universal acceptance. It conveys
different meanings to different people. An environmentalist would interpret it as
ample heritage for future generations. A legal scholar would describe it as
balanced synthesis of environmental and developmental imperatives. An
economist would view it as economic growth which can be sustained for
generations. A businessman might interpret it as sustainable profits. Politicians
find their vote bank in the phrase and adopt it in their election campaign.

Sustainable Development is the process in which development can be sustained

for generations. It means improving the quality of human life while at same time
living in harmony with nature and maintaining the carrying capacity of the lift
supporting eco-system. Development means increasing the societys ability to
meet human needs. Economic growth is an important component but cannot be a
goal in itself. The real aim must be to improve the quality of human existence to
ensure people to enjoy long, healthy and fulfilling lives.

The concept of sustainable development has in the past most often been broken
out into three constituent parts: environmental sustainability, economic
sustainability and socio-political sustainability. More recently, it has been
suggested that a more consistent analytical breakdown is to distinguish four
domains of economic, ecological, political and cultural sustainability. This is
consistent with the UCLG move to make 'culture' the fourth domain of
sustainability.

Sustainable development focuses at integration of development and

environmental imperatives. It modifies the previously unqualified development
concept. To be sustainable, development must possess both economic and
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ecological sustainability. In a nutshell, the concept of Sustainable development
indicates the way in which development planning should be approached.

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Brief History

The idea of sustainability came out of the 1972 UN Stockholm Conference on

the Human Environment, which was the first UN meeting that discussed the
preservation and enhancement of the environment. It proclaimed that, "The
protection and improvement of the human environment is a major issue which
affects the well-being of peoples and economic development throughout the
world; it is the urgent desire of the peoples of the whole world and the duty of
all Governments."

The concept of sustainable use of earths resources is an ancient one. Without

the principles of sustainability as a way of life, humans would not have survived
in the twentieth century. The principle of sustainable development received
impetus with the adoption of Stockholm Declaration in 1972, World
Conservation Union (IUCN) with the advice and assistance of the United
Nations Environment Programme (UNEP), World Charter for Nature of 1982,
Report of the World Commission on Environment and Development under the
chairmanship of Geo Harlem Brundtland (Brundtland Report), Our Common
Future of 1987, the document Caring for the Earth : A strategy for the
Sustainable Living developed by the second world conservation project
comprised of the representatives of the IUCN, UNEP and the Worldwide Fund
for Nature. The concept of sustainable development is the foundation stone of
the Montreal Protocol for the Protection of Ozone Layer of 1987 and the
instruments adopted at the UN Conference on Environment and Development
(World Summit) held at Rio in 1992.

Definition

The Brundtland Report defines, sustainable development as development that

meets the need of the present generation without compromising on the ability of

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the future generations to meet their own needs. The report emphasizes that
sustainable development means integration of economics and ecology in
decision making at all levels.

The Caring for the Earth document defines sustainability as a characteristic

orstate that can be maintained indefinitely whereas development is defined as
the increasing capacity to meet human needs and to improve the quality of
human life. This means that sustainable development would imply improving
the quality of human life within the carrying capacity of the supporting
ecosystems.

The concept of sustainable development rejects the old notion that development
and environment are synthesis of each other. Both are complimentary are
mutually supportive.

CHAPTER 2

Sustainable Development And International Law

International Law is an increasingly important mechanism in the quest for

sustainable development. International customary law as well as conventional
law contains provisions which deals with the protection and promotion of the
environment. The maxim sic utere tuo ut alienum non laedas insists on the use
of property in such a manner so as not to injure anothers property. The maxim
requires that developmental activities should take place in such a manner that
property of others is not damaged.

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In 1972, the UN Conference on Human Environment was held at Stockholm
where a wide range of resolutions were adopted which formed an action plan for
international co-operation on environmental matters. It produced Stockholm
Declaration consisting of 26 principles which opened the floodgates for
subsequent developments in the area of environmental protection. The United
Nation Environmental Programme was also established under the auspices of the
Stockholm Conference. The conference agenda was divided into six main areas.
Development and environment appears as the fifth main area of the conference
agenda. The Conference was also witnessed, at initial stages, confrontation
between developing and developed states over the impact of environmental
protection and development. However, the confrontation was later reconciled. It
was recognized that the new international environmental order could be erected
only on the foundation of international co-operation. The Conference projected
the fact that the precondition for building new international environmental order
is international co-operation and not confrontation. This led to the adoption of
the Stockholm Declaration which makes references to development and
environment.

To achieve sustainability, the Vienna Convention to Prevent the depletion of

Ozone Layer was adopted which served as a framework convention and laid
down broad guidelines. The Convention was followed by Montreal Protocol
which came up in 1987. The protocol witnessed various adjustments and
amendments from time to time. These instruments aim at restricting and
regulating developmental activities in a manner that ozone depleting substances
are gradually phased out.

In June 1992, the UN Conference on Environment and Development (UNCED)

was held at Rio de Genero wherein more than 170 governments participated.
UNCEDs mission was to put the world on a path of sustainable development
which aims at meeting the needs of the present without compromising on the
ability of the future generations to meet their own needs. UNCED heralded a
new global commitment to sustainable development premised on the
interconnectedness of human activity and the environment. UNCED produced
five documents, viz. Rio Declaration on Environment and Declaration,

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Convention on Climate Change, Convention on Bio- Diversity, Forest Principles
and Agenda 21. In addition, the UN Commission on Sustainable Development
was also established.

CHAPTER 3

WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT

(JOHANNESBERG SUMMIT) 2002 Highlights1

Events & agreements

A number of media outlets reported lacklustre progress on many of the

Summits central themes. Despite this, the United Nations highlighted several of
the Summits achievements. (Note that a variety of outcomes are listed, from
invaluable and precise, to speculative and vague.)

Water and Sanitation

Commitment to reduce by half the proportion of people without access to

sanitation by 2015.

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

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.

1http://mapleleafweb.com/features/2002-johannesburg-earth-summit-
sustainable-development

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 Twenty-one other water and sanitation initiatives with at least $20 million
in extra resources.

Energy

Commitment to increase access to modern energy services, energy

efficiency, and the use of renewable energy.

To phase out, where appropriate, energy subsidies.

To support the NEPAD objective of ensuring access to energy for at least

35% of Africas population within 20 years.

The nine major electricity companies of the E7 signed a range of

agreements with the UN to facilitate technical cooperation for sustainable
energy projects in developing countries.

The European Union announced a $700 million partnership initiative on

energy and the United States announced that it would invest up to $43
million for the initiative in 2003.

The South African energy utility Eskom announced a partnership to

extend modern energy services to neighbouring countries.

Thirty-two partnership submissions for energy projects with at least $26

million in resources.

Health

Commitment that by 2020, chemicals should be used and produced in

ways that do not harm human health and the environment.

To enhance cooperation to reduce air pollution.

To improve developing countries access to environmentally sound

alternatives to ozone depleting chemicals by 2010.

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.

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 Sixteen partnership submissions for health projects with $3 million in
resources.

Agriculture

The GEF will consider the Convention to Combat Desertification as a

focal area for funding.

Development of food security strategies for Africa by 2005.

The United States will invest $90 million in 2003 for sustainable
agriculture programs.

Seventeen partnership submissions with at least $2 million in additional

resources.

Bio Diversity and Ecosystem Management

Commitment to reduce biodiversity loss by 2010.

Reverse the current trend in natural resource degradation.

Restore fisheries to their maximum sustainable yields by 2015.

Establish a representative network of marine protected areas by 2012.

Improve developing countries access to environmentally sound

alternatives to ozone depleting chemicals by 2010.

Undertake initiatives by 2004 to implement the Global Program of Action

for the Protection of the Marine Environment from Land Based Sources
of Pollution.

Thirty-two partnership initiatives with $100 million in resources.

The United States has announced $53 million for forests in 2002-2005.

Other Issues

Recognition that opening access to markets is a key to development for

many countries.
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 Support the phase out of all forms of export subsidies.

Commitment to establish a 10-year framework of programs on

sustainable consumption and production.

Commitment to actively promote corporate responsibility and

accountability.

Commitments to develop and strengthen a range of activities to improve

preparedness and response for natural disasters.

Agreement to the replenishment of the Global Environment Facility, with

a total of $3 billion ($2.92 billion announced pre-Summit and $80 million
added by EU in Johannesburg).

CHAPTER 5

Three Pillars: Approaches to Sustainability2

Economic: Encouraging economic development and infrastructure also
increases the capacity for change.

This approach asserts that the economically powerful developed world will
invest in environmental protection, whereas developing countries must devote
their energies elsewhere. Simply put, the poor cant afford to share the costly
interests of a healthy environment; surviving is enough of a task for many.

Proponents

The Group of 77 (G77) developing countries has often supported this

approach arguing that only when they catch up to the developed world
will they be able to participate in initiatives such as environmental
protection and pollution reduction.

2mapleleafweb.com/features/2002-johannesburg-earth-summit-sustainable-
development

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 Business leaders are likely to support this approach arguing that increased
trade and commerce is the most efficient way to achieve development and
thereby a capacity for environmental responsibility.

Environment: Concrete prescriptions, rules, and enforcement must curb

environmental degradation.

This approach asserts that traditional development methods have created critical
problems for the survival of humans and the planet.

Proponents

The European Union has sponsored this approach calling for definitive
action such as the targets laid out in the Kyoto Protocol.

Environmentalists largely favour this approach since it targets

environmental destruction first and foremost.

Social Justice: Sustainable development is about protecting the environment

as well as economic and social justice.

This approach asserts that economic capacity and ecological stability play into a
larger sphere of interests. Human life requires a combination of these entities
but also social stability, security, and equality.

Proponents

Norway, Canada, and Japan have set their agendas based on some form of
this combination.

NGOs representing womens or human rights groups favour this approach

since it addresses a wider range of issues affecting social development.

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 CHAPTER 6

STATUS OF SUSTAINABLE DEVELOPMENT IN INDIA

Indian Judiciary has demonstrated exemplary activism to implement the

mandate of sustainable development. In the past, Indian Courts did not refer
expressly to sustainable development but implicitly gave effect to it. In Rural
Litigation and Entitlement Kendra, Dehradun v. State of UP3, the SC was faced
with the problem of the mining activities in the limestone quarries in Dehradun-
Mussoorie area. This was the first case of its kind in the country involving issues
related to environment and ecological balance and brought into sharp focus, the
conflict between development and conservation. In this case, SC emphasised the
need for reconciling development and conservation in the largest interest of the
country. This exercise was done by the Himanchal Pradesh HC in Kinkri Devi v.
State4 and also in General Public of Spoon Valley v. State.5

In Vellore Citizen Welfare Forum v. UOI6, it was found that a number of

tanneries in Tamil Nadu discharged untreated effluents into agricultural fields,
roadsides, water-ways and open lands. The untreated effluents were finally
discharged into river which was the main source of water supply to the residents.
The SC held that the concept of Sustainable Development was accepted as a
part of the customary international law to strike a balance between ecology and
development. It was further held that the precautionary principle and the
3AIR 1985 SC 652

4AIR 1987 HP 4

5AIR 1993 HP 52

6AIR 1996 SC 2715

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polluter pays principle constituted essential features of sustainable
development. Justice Kuldip Singh referred to the environmental principles of
the international environmental law and stated that the precautionary principle,
polluter pays principleand the special concept of onus of proof have merged
and governs the law of our country, As is clear from Articles 47, 48A and 51A(g)
of the constitution and that in fact various environmental statutes incorporate
these concepts impliedly. In view of the constitutional and statutory provisions,
the SC held that the precautionary principle and the polluter pays principle
are a part of the Indian Environmental Law.

Moreover, SC also directed the Central Government to establish an authority

under Section 3(3) of the Environment Protection Act 1986. The authority so
established shall implement the precautionary principle and the polluter pays
principle. HonBle Justice also criticized the in action of the Central
Government to establish such and authority and also observed that an authority
headed by a retired judge of the High Court and an expert in the field of
environmental protection must be constituted. Since then, Government has
issued notifications for the establishment of an authority and for environment
impact assessment.

In A.P. Pollution Control Board v. MY Nayadu 7, the SC affirmed that the

precautionary principle and the polluter pays principle are a part of the Indian
Environmental Law. This case involves the grant of consent by the pollution
board for setting up an industry by the respondent company for the
manufacturing of hydrogenated castor oil. The categorization of the industry in
the red, orange and green was made and the respondent industry was included in
the red category. The company applied for seeking clearance to set up the unit
under Section 25 of the Water (Prevention Control of Pollution) Act. The board
rejected the application for the consent on the ground that the unit was a
polluting unit and would result in the discharge of solid waste containing nickel,
a heavy metal and also hazardous waste under Hazardous Waste (Management
7AIR 1999 SC 812

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and Handling) Rules 1989. The respondent company appealed under Section 28
of the Water (Prevention Control of Pollution) Act. The appellate Authority
decided that the respondent industry was not a polluting industry and directed
the Board to give its consent for establishment of the respondent industry on
such conditions as the board may deem fit. In writ petition filed in the HC, the
division bench directed the Board to grant consent subjected to such condition as
might be imposed by the board. It was against the said judgement that the
Pollution Control Board filled various appeals in SC. The SC discussed the
evolution of the principle precautionary principle and explained its meaning in
detail.

The SC expressed approval of the Vellore judgement and treated precautionary

principle as a part of Indian Environmental Law.

The above quoted judgements have significant impact on the specialised

environmental legislations in India. The judgements are a pointer for Pollution
Control Board to grant consent for setting up industrial units on the basis of the
precautionary principle.

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 CHAPTER 7

Conclusion

Sustainable development ties together concern for the carrying

capacity of natural systems with the social challenges faced by humanity. As
early as the 1970s, "sustainability" was employed to describe an economy "in
equilibrium with basic ecological support systems." Ecologists have pointed
to The Limits to Growth, and presented the alternative of a "steady state
economy" in order to address environmental concerns.

The concept of sustainable development has in the past most often been broken
out into three constituent parts: environmentalsustainability, economic
sustainability and socio-political sustainability. More recently, it has been
suggested that a more consistent analytical breakdown is to distinguish four
domains of economic, ecological, political and cultural sustainability. This is
consistent with the UCLG move to make 'culture' the fourth domain of
sustainability. Other important sources refer to the fourth domain as
'institutional' or as 'good governance.'

Realization of sustainable development and sustainable production and meeting

the related requirements cause massive challenges for the manufacturing
industry. The motivation for this study was the assumption that better
understanding of the different aspects of sustainable development helps the
companies to adapt more sustainable practices. The paper presents a literature
review on sustainable development and production with practices related to the
respective topics and then summarizes a study conducted within Finnish
manufacturing industry. The results in this study are presented in a framework
consisting of six categories. For each category the challenges, means and
motivation for realization and objectives are presented. The obtained results
provide further and in depth information of sustainable development and

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sustainable production within the Finnish manufacturing industry for both the
industry and academia.

BIBLIOGRAPHY

Environmental Law In India by Dr. Gurdeep Singh, ISBN

1403 92490 2
Will Allen. 2007."Learning for Sustainability:
Sustainable Development.
Daly, H. E. 1973. Towards a Steady State Economy. San
Francisco: Freeman. Daly, H. E. 1991. Steady-State
Economics (2nd ed.). Washington, D.C.: Island Press.
The Sustainable Society: Ethics and Economic Growth.
Philadelphia: Westminster Press.
Health: Ecological Foundations. Oxford University
PressISBN 978-0-19-975190-7.

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 The Roots of Modern Environmentalism: David
Pepper, John W. Perkins, Martyn J. Youngs
Sustainable Development: Susan Baker

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