Final project

On
The Growth and Emergence of the Sustainable Development

Submitted by

Moola Ram, Roll no: -72, Section: -A

Submitted to

Mr. Abhay Kumar Mishra

Faculty of Environmental Law

National University of Study and Research in Law, Ranchi, kanke-

Pithoria road.
 Batch: - 2011-16

Index of content

Objective of the project........................................................................................3

Introduction.......................................................................................................3

Brief History.......................................................................................................4

Meaning of the sustainable development................................................................4

Origin of the doctrine of Sustainable Development....................................................5

Definition............................................................................................................5

Basic objectives of Sustainable Development............................................................6

Salient Principles of Sustainable Development..........................................................7

• Inter-generational equity;........................................................................7

• Use and conservation of natural resources;..............................................8

• Environmental protection;.......................................................................9

• The precautionary principle;...................................................................9

• The ‘Polluter Pays’ principle; ................................................................13

• Principle of liability to help and co-operate;............................................13

• Poverty eradication; and..........................................................................13

• Principle of ‘public trust’..........................................................................13

Sustainable Development and International Law: ........................................................14

WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT (JOHANNESBERG SUMMIT) 2002 Highlights......................15

Water and Sanitation ......................................................................................................................16

Energy ...............................................................................................................................................16
Health ................................................................................................................................................16
Agriculture..........................................................................................................................17
Bio Diversity and Ecosystem Management .....................................................................17
Other Issues ........................................................................................................................17
Three Pillars: Approaches to Sustainability................................................18
 • Economic: Encouraging economic development and infrastructure also increases the capacity
for change. .......................................................................................18

• Environment: Concrete prescriptions, rules, and enforcement must curb environmental

degradation...................................................................................................18

• Social Justice: Sustainable development is about protecting the environment as well as

economic and social justice. .............................................................................19

STATUS OF SUSTAINABLE DEVELOPMENT IN INDIA................................................................21

Conclusion.................................................................................................................22

BIBLIOGRAPHY

Objective of the Project:

The project is with an object to discuss the emergence and growth of Sustainable Development
as a concept. It also focuses on the present situation of the concept.

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 society’s 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 ecological sustainability. In a nutshell, the concept of
Sustainable development indicates the way in which development planning should be
approached.

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 earth’s 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.
Meaning of the sustainable development:

Right to wholesome environment is a fundamental right protected under Article 21 of the

Constitution of India. But the question is can the environment be protected at present times when
almost all the countries in South-East Asia are still at their developing stages? Development
comes through industrialization, which in turn the main factor behind the degradation of
environment. To resolve the issue, the experts worldwide have come up with a doctrine called
'Sustainable Development', i.e. there must be balance between development and ecology.

Origin of the doctrine of Sustainable Development:

The concept of 'Sustainable Development' is not a new concept. The doctrine had come to be
known as early as in 1972 in the Stockholm declaration. It had been stated in the declaration that:

“Man has the fundamental right to freedom, equality and adequate conditions of life, in
an environment of a quality that permits a life of dignity and well being and he bears a
solemn responsibility to protect and improve the environment for present and future
generation”

But the concept was given a definite shape in a report by world commission on environment,
which was known as ' our common future'. The commission, which was chaired by the then
Norway Prime Minister, Ms. G.H. Brundtland defined ‘Sustainable Development’as:

“Development that meets the needs of the present without compromising the ability of the
future generations to meet their own needs”.

The report was popularly known as ‘Brundtlandreport’ the concept had been further discussed
under agenda 21 of UN conference on environment and development held in June 1992 at Rio
Janeiro, Brazil.

Definition:
The Brundtland Report defines, “sustainable development” as development that meets the need
of the present generation without compromising on the ability of 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 or state 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.

Basic objectives of Sustainable Development:

The principle of sustainable development seeks to achieve the following three basic objectives:

• To maintain production of goods and services for development and efficiency;

• Conversation and management of neutral resources including preservation of bio-

diversity and maintenance of biological integrity;

• Maintenance and enhancement of the quality of life adopting the principle of equitable
distribution of wealth and material resources.

These objectives may respectively be called as economic, environmental and social objectives of
the principle of sustainable development.From the environmental point of view, the objective of
the principle of sustainable development centres round three issues, namely,

• To maintain essential ecological processes,

• To preserve genetic diversity; and

• To secure sustainable utilization of species and ecosystems.

Scope of Extent of Sustainable Development:

The concept of sustainable development, as pointed out the chairperson Ms. Brundtland in her
report (popularly called the Brundtland report) is aimed at meeting the needs of the present
without compromising the ability a future generations to meet their own needs.

Commenting on sustainable development, the Former President of the World Bank James D.
Yolkenson observed, “It is for us to think as to what kind of world we want. Do we want to
bequeath a world for our future generation a poorest world wherein innumerable people die of
hunger, climate uncertainty, biodiversity at its lowest ebb and social conditions most unstable?
This observation of Volkenson clearly shows that the central focus of sustainable development is
not confined to the present happiness of the people but it also expends to safeguarding the
interests of the coming generations.

Sustainable development involves a multi-faceted approach i.e. (1) economic, (2) human, (3)
environmental, and (4) technological. It is a process which seeks to bring improvement in the
quality of human life along with conservation of the ecological system. Thus, development and
environment, both are inter-dependent and therefore, there cannot be development without
protection of environment, nor can there be conservation of environment without development.
The former U.N. General-Secretary Kofi-Annan had identified five areas for the applicability of
the principle of sustainable development. They are (1) water, (2) health, (3) power and energy,
(4) Agriculture and (5) Bio-diversity. Former Prime Minister of India Smt. Indira Gandhi had
categorically stated in her address at the Stockholm Conference, 1972 that water, air, land, soil,
plants, trees and living organisms must be preserved because they are valuable natural resources
for the benefit of the future generations.

Salient Principles of Sustainable Development:

The principle of sustainable development which received international recognition as a result of

Brundtland Commission Report (1987) was overwhelmingly supported by all the nations. Some
of the salient principles which underlie the concept of sustainable development were spelled out
in the Rio Declaration, 1992 and Agenda 21. Therefore, these principles have got to be
necessarily followed in order to achieve the objective of sustainable development. These
principles are as follows:

• Inter-generational equity;
 • Use and conservation of natural resources;

• Environmental protection;

• The precautionary principle;

• The ‘Polluter Pays’ principle;

• Principle of liability to help and co-operate;

• Poverty eradication; and

• Principle of ‘public trust’.

• Inter-Generational Equity: - The principle of inter-generational equity pre-supposes the right of

each generation of human beings to benefit from cultural and natural resources of the past
generation as well as the ‘obligation’ to preserve such heritage for future generations. The
principle emphasises on conservation of biodiversity resources and of the renewable sources like
forests, water, soil etc.The principle of inter-generational equity has its genesis in Principles 1
and 2 of the Stockholm Declaration, 1972 wherein environment has been taken to be resource
basis for the survival of the present generation and right to be beneficially used by the future
generations. Both these principles are reproduced as follows:

Principle 1: - Man has the fundamental right to freedom, equality and adequate conditions of
life, in an environment of quality that permits a life of dignity and well-being, and he bears a
solemn responsibility to protect and improve the environment for the present and future
generations.

Principle 2.- The natural resources of the earth, including the air, water, lands, flora and fauna,
and especially representative samples of natural ecosystems, must be safeguarded for the benefit
of the present and future generations through careful planning and management, as appropriate.

In A.P. Pollution Control Board v. M.V. Nayudu the Apex Court observed that where the State
Government makes an attempt to balance the need of the environment and need of the economic
development, it would not be proper to prohibit it from doing so. In such a case, it would be safer
 to apply the ‘protective principle’ and the ‘principle of polluter pays’, keeping in mind the
principle of sustainable development and the ‘principle of inter-generational equity.

2. Use and Conservation of Natural Resources: -This principle requires that earth's natural resources
should be carefully used in such a way that they may be conserved and enhanced for the future
generation. It must be borne in mind that natural resources are already depleting due to poverty,
over- population, urbanisation, industrialisation etc. and there is likely to be acute shortage of
these resources in future. Therefore, there is dire need to develop techniques and technologies
which may need minimal utilization of natural resources.

The principle of use and conservation of resources is founded on the theory that the present
generation should be modest in their exploitation of natural resources for the benefit of the future
generations. This will secure the conditions of survival for future generations. This principle has
been accepted by the international community in the form of Principles 8 and 23 of the Rio Earth
Summit Declaration, 1992.

Principle 8 provides that in order to achieve sustainable development and a high quality of life
for all people, States should reduce and eliminate unsustainable pattern of production and
consumption. Thus, use and conservation of natural resources should be an essential principle of
sustainable development.

Similarly, Principle 23 of the Rio-Declaration (1992) specifically states that the environment and
natural resources of people under oppression, domination and occupation, shall be protected by
all means.

The Supreme Court applying the principle of careful use and conservation of natural resources
observed in the case of A. Jagannath v. Union of India, that activities of the industries violative
of this principle and of, environmental legislations must be discouraged.
In Indian Handicrafts Emporium v. Union of India, the indigenous ivory or ivory articles were
prohibited from being exported as it impugned Wild Life (Protection) Act, 1972 and was also
against the moral claims embodied under Article 48-A of the Constitution and principle of
conservation of natural resources.
3. Environmental Protection:Environmental protection is an integral part of sustainable development.
Most of the nations have enacted environmental protection laws to ensure sustainable
development within theirterritories. In order to reinforce sustainable development, an effective
environmental protection mechanism is needed. It is generally seen that inadequate protection of
environment or its degradation affects the poorest sections of the society most as they draw a
large part of their livelihood from unmarked environmental resources such as forests, water from
hand pumps, air polluted and noisy slum dwellings etc.

The problem of environmental protection generally emanates from water resources, forests,
agriculture, industry, energy and power etc., therefore, policy decisions in these sectors should be
environmental oriented and well planned so as to ensure that there is no degradation in the
natural environment.

So far India is concerned, the Environment (Protection) Act, 1986 is the central legislation.
Besides, there is some other pollution control and prevention laws and States have also framed
their own anti-pollution laws according to their local requirements. The ultimate object is to
ensure sustainable development for protection of environment from being degraded or polluted.

4. Precautionary Principle: - The precautionary principle seeks to ensure that a substance or human
activity which may cause a threat to the environment is prevented from causing harm to
environment, even if there is no conclusive scientific proof of linking that particular substance
or human activity to environmental damage. Thus, precautionary principle pre-supposes that
onus of proof is on the industrialist to show that his action is benign, that is not harmful to
environment.

The precautionary principle in the context of environmental protection is essentially about the
management of scientific risk. It is a component of the concept of ecologically sustainable
development and has been defined in Principle 15 of the Rio Declaration, 1992.” According to
this principle, “where there is threat of serious or irreversible environmental damage, lack of
full scientific certainty should not be used as a reason for postponing measures to prevent
environmental degradation”. In other words, any human activity or behaviour which bears the
harmful effect to the environment has got too prevented at all costs.
It may be stated that prior to the precautionary principle as incorporated in Principle 15 of the Rio-
Declaration, 1992, Principle 6 of the Stockholm Declaration, 1972 relating to the Assimilative
Capacity Principle was the governing rule which provided as under :-
“The discharge of toxic substances or of substances and the release of heat, in such quantities
or concentrations as to exceed the capacity of the environment to render them harmless, must
be halted in order to ensure that serious irreversible damage is not inflicted upon ecosystem.
The just struggle of the peoples of all countries against pollution should be supported.”
Thus, the assimilative capacity principle assumed that science could provide policy-makers the
information and means necessary to avoid encroaching upon the capacity of the environment to
assimilate impacts and it is presumed that relevant technical expertise would be available when
environmental harm was predicted and there would be sufficient time to act in order to avoid
such harm.

The precautionary principle has received legal recognition in almost all the international
instruments and has now become an integral part of the United Nations Environmental
Programme. The European Community has adopted the principle in the Bergen Declaration on
Sustainable Development, 1990 and reiterated that environment related actions should predict,
prevent and ‘suppress environmentally harmful factors’.

Beginning with Vellore Citizens’ Welfare Forum v. Union of India, the Supreme Court
explicitly recognised the precautionary principle as a principle of Indian environmental law in a
number of subsequent cases. Justice Kuldeep Singh of the Supreme Court in Vellore Citizens
case laid down the following rules with regard to precautionary principle:-

• The State Governments and local authorities are supposed to anticipate and then prevent
the cause of environmental degradation. They are supposed to check the activity which is
damaging for environment;

• Merely because there is a lack of scientific knowledge as to whether a particular activity

is causing degradation, it should not stand in the way of the Government;

• The onus of proof is on the actor (i.e. person who does the activity) or the
developer/industrialist to show that the action was environmentally friendly.
In order to achieve the above, the following precautions are supposed to be taken:
 (i) The decision should be based on best possible scientific information and analysis of
risk;

• Where there is uncertainty but potentially serious list exists, even then
precautionary measures are supposed to be taken;

• Ecological impacts should be given paramount consideration, more so when

resources are non-renewable or where the result is irreversible;

• The indication of the cost should be made known directly to the person who if does
not take precaution, can be called upon to meet the expense a subject which may
fall under the head “polluter pays Ii principle.”

In Narmada BachaoAndolan v. Union of India, the Apex Court explained that “when there is a
state of uncertainty due to lack of data or material about the extent of damage or pollution likely
to be caused, then in order to maintain ecological balance, the burden of proof that the said
balance will be maintained, must necessarily be on the industry or the unit which is likely to
cause pollution.”

5. Polluter Pays” Principle:-All the member countries participating in the Organisation For Economic
Co-operation and Development (O.E.C.D.) agreed to incorporate in their environmental policies
the principle of 'polluter pays' so as to discourage subsidies that could be detrimental for trade.
They deemed this necessary for the protection of environment and save the country from threats
posed by environmental pollution in modernised industrial societies. “Polluter Pays” principle
was considered to be one of the best methods for prevention of environmental pollution. But
there were practical difficulties in working out an exact definition of the principle as there could
be dispute as to the limits on payment for damages caused and exact scope of the applicability of
principle.

Despite these difficulties, the European Community in its Action Programme on Environment had
accepted the ‘polluter pays’ principle as a part of its strategy on environmental matters. The
principle was incorporated in Article 130 R (2) of the action programme which reads as follows:-

• Preventive action is always preferable to remedial action;

 • Environmental damage should be rectified at source;

• The polluter should pay the costs of the measures taken to protect and preserve the
environment;

• Environmental policies should be a component of the European Community’s other

policies.

Finally, the “polluter pays” principle was recognised as an integral part of the sustainable
development by the international community arid was incorporated as Principle 16 of the Rio
Declaration of Earth Summit, 1992. The principle reads as follows:-“Principle 16 National
authorities should endeavour to promote the internationalisation of environmental costs and the
use of economic instruments taking into account the approach that the polluter should in
principle bear the cost of pollution with due regard to the public interest and without distorting
international trade and investment.”

As a matter of fact, this principle was already accepted and included as Principle 4 of the
Stockholm Declaration in 1972 but it was legally and internationally recognised as a substantive
principle of environmental law under Principle 16 of the Rio Declaration, 1992.

The Supreme Court in M.C. Mehta v, Kamal Nath, observed that ‘polluter pays principle has
been recognised as fundamental objective of Government's environmental policy to prevent and
control pollution. The Court in this case observed that the calculation of environmental damages
should not be on the basis of claim put forward by the party, but it should be on the basis of
examination of the situation by the Court, keeping in view the factors such as deterrent nature of
the award.

In Vellore Citizens’ Welfare Forum v. Union of India, the Supreme Court directed the Central
Government to constitute an authority under Section 3 (3) of the Environment (Protection) Act,
1986 and confer on this authority all the powers necessary to deal with the situation created by
tanneries and other polluting industries in the State of Tamil Nadu. The authority so constituted
shall implement the ‘precautionary principle’ and the ‘Polluter Pays Principle.’
 7. Poverty Eradication: -Poverty is perhaps the worst contributing factor for polluting the environment
and causing its degradation. Smt. Indira Gandhi, the late former Prime Minister of India,
addressing the Stockholm Conference on Human Environment in 1972 said, “Of all pollutants
we face, the worst is poverty”. The Brundtland Report (1987) also attributed poverty as a
potential cause of environmental degradation as it reduces people’s capacity to use resources in a
sustainable manner, which eventually brings more pressure on environment and results into its
deterioration. Most of the developing countries’ are facing the problem of poverty which is
adversely affecting the environmental quality.

The Earth Summit, 1992 also projected that elimination of poverty was utmost necessary for
achieving the goal of sustainable development, particularly m the developing countries.

India being a developing country, its more than 30 per cent people are living below the poverty
line. The pitiable condition 'of slum-dwellers, scarcity of food, fuel, kerosene oil etc. are serious
threats for environment. Due to lack of residential, houses crores of poor men, women and
children are compelled to live in slums and even on road-side temporary hutment in most
unsanitary conditions without sufficient food and water. Thus, they have to live in unwholesome
environmental conditions. Therefore, India needs cooperation and assistance from the developed
countries to help and support the poverty alleviation programme and maintenance of wholesome
environmental conditions.

• Protection of Forests: - It must be stated that awareness about the protection of forests is also closely
connected with the principle of public trust applicable for the preservation of natural resources.
The State being a trustee of forest-resource, it is the moral and legal obligation of the
Government to protect forests from being destroyed by indiscriminate felling of trees. If forests
are well preserved, it will reduce soil erosion and increase fertility of land and also cause
sufficient rainfall which is necessary for cultivation and domestic purposes in the form of water.
But despite these benefits from forests, the record shows that almost one-third of the part of the
forest in tropical region had been destroyed due to deforestation until the year 1970.
Unfortunately, destruction of forest still continues and nearly 1, 70,000 sq. k.m. forest lands has
been converted into plain for construction of industries, complexes and other commercial
purposes. Besides, seven lakh hectare lands has turned into desert and gallons of polluted water
is being flowed in rivers, lakes and seas causing irreparable damage to environment and
ecosystem.

In view of this destruction of forests, the Government is failing in its duties as trustee of this
valuable natural resource and causing damage to its beneficiaries i.e., the peop1e could not
exploit it for their own use, what to talk of leaving it for use by future generations'! Even now, it
is not too late and there is need on the part of the State to protect and preserve the valuable
natural resources as a trustee and people to cooperate with the administration to protect
environment from being degraded.

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
deal with the protection and promotion of the environment. The maxim sic
uteretuoutalienumlaedas insists on the use of property in such a manner so as not to injure
another’s property.

The maxim requires that developmental activities should take place in such a manner that
property of others is not damaged. 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. UNCED‟s mission was
to put the world on a path of sustainable developmentwhich 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, Convention on Climate Change,
Convention on Bio- Diversity, Forest Principles and Agenda 21. In addition, the UN
Commission on Sustainable Development was also established.

WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT (JOHANNESBERG SUMMIT) 2002 Highlights

Events & agreements:

A number of media outlets reported lacklustre progress on many of the Summit’s central themes.
Despite this, the United Nations highlighted several of the Summit’s 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.

• 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 Africa‟s
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.

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

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.

• 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).

Three Pillars: Approaches to Sustainability

• 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 can’t 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.

• 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.
 • 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 women’s or human rights groups favour this approach since it
addresses a wider range of issues affecting social development.

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
UP, 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. State and also in General Public of Spoon Valley
v. State. In Vellore Citizen Welfare Forum v. UOI, 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 “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 principle” and 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 statutoryprovisions, 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”. Hon’Ble 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, 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 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 asmight 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”.

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

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• P.S. Jaswal and NishthaJaswal: Environmental Law, (2009) p. 120.

• See also Consumer Education & Research Society v. U.O.I., (2002) 2 SCC 599 (605)