Professional Documents
Culture Documents
DEVELOPMENT
A PROJECT REPORT
Every project big or small is successful largely due to the effort of a number of wonderful
people who have always given their valuable advice or lent a helping hand. We sincerely
appreciate the inspiration; support and guidance of all those people who have been
instrumental in making this project a success.
We are extremely grateful to Dr.Sabina Salim for making the resources available at right
time and providing valuable insights leading to the successful completion of my project.
We would also like to thank all the library members for their critical advice and making me
available the books and commentaries for the project.
Last but not the least we place a deep sense of gratitude to my family members and my
friends who have been constant source of inspiration during the preparation of
this project work.
Thankyou
Submitted by:
Abhishek Sharma(122/13)
Agampreet Singh(123/13)
Armaan Matharoo(131/13)
Randeep Mangat(152/13)
Anmol Sandhu(170/13)
Agenda 21
Conclusion
Bibliography
Development has been recognized as a human right under Rio- Declaration of 1992. But all
the nations (parties) participating in this summit unanimously agreed that economic or
industrial development should be carried out in a manner that it does not adversely affect the
environment because environmental pollution is a potential danger to human life and in that
case, what is the use of such development? It is for this reason that the principle of
sustainable development was evolved in this world summit for maintaining a balance
between development and environment, and it was realised that both should go hand in hand.
The principle of sustainable development has evolved on the basic assumption of co-
existence of two apparently conflicting notions i.e. development and environment. But from
the practical point of view, ecological, economic and social aspects of sustainability are
inseparable. As William Rees has rightly pointed out that maintenance of ecological integrity
has to be accorded primacy over achievement of socio-economic human needs, thus there
should be a convergence between ecological and economic factors in the developmental
process.
The principle of sustainable development emphasises on two basic needs, firstly, need for
socio-economic development and secondly, need of limitation imposed on the environment's
capability to cope with the present and future requirements.
The principle of sustainable development seeks to achieve the following three basic
objectives:
(1) to maintain production of goods and services for development and efficiency;
(2) conversation and management of neutral resources including preservation of bio-
diversity and maintenance of biological integrity;
(3) maintenance and enhancement of the quality of life adopting the principle of equitable
distribution of wealth and material resources.
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 alongwith 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
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.
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
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 their
territories. 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 are 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
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.
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.
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 :-
(i) Preventive action is always preferable to remedial action;
(ii) Environmental damage should be rectified at source;
(iii) The polluter should pay the costs of the measures taken to protect and preserve the
environment;
(iv) environmental policies should be a component of the European Communitys 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
Principle 10 of the Rio-Declaration further provides that environmental issues are best
handled with the participation of all concerned citizens at the relevant level. Emphasising the
need for mutual cooperation in environmental matters, Principle 12 requires the States to
cooperate to promote a supportive and open international economic system that would lead to
economic growth and sustainable development in all countries, in order to address the
problem of environmental degradation in a better way.
Finally, Principle 27 of the Rio Declaration expects people and the States to co-operate in
good faith and in a spirit of partnership in the future development of international law in the
field of sustainable development.
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 peoples 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
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 land
has been converted into plain for construction of industries, complexes and other commercial
purposes. Besides, seven lakh hectare land 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.
INTRODUCTION
The United Nations Conference on Environment and Development (UNCED), also known as
the Rio de Janeiro Earth Summit , Rio Summit, Rio Conference, and Earth
Summit (Portuguese: ECO92), was a major United Nations conference held in Rio de
Janeiro from 3 to 14 June 1992.
In 2012, the United Nations Conference on Sustainable Development was also held in Rio,
and is also commonly called Rio+20 or Rio Earth Summit 2012. It was held from 13 to 22
June.
172 governments participated, with 116 sending their heads of state or government. Some
2,400 representatives of non-governmental organizations (NGOs) attended, with 17,000
people at the parallel NGO "Global Forum" (also called Forum Global), who
had Consultative Status.
The Convention on Biological Diversity was opened for signature at the Earth Summit, and
made a start towards redefinition of measures that did not inherently encourage destruction of
natural ecoregions and so-called uneconomic growth.
Twelve cities were also honoured by the Local Government Honours Award for innovative
local environmental programs. These included Sudbury in Canada for its ambitious program
to rehabilitate environmental damage from the local mining industry, Austin in the United
States for its green building strategy, and Kitakysh in Japan for incorporating an
international education and training component into its municipal pollution control program.
RESULTS
Moreover, important legally binding agreements (Rio Convention) were opened for
signature:
In order to ensure compliance to the agreements at Rio (particularly the Rio Declaration on
Environment and Development and Agenda 21), delegates to the Earth Summit established
the Commission on Sustainable Development (CSD). In 2013, the CSD was replaced by
the High-level Political Forum on Sustainable Development that meets every year as part of
the ECOSOC meetings, and every fourth year as part of the General Assembly meetings.
Critics point out that many of the agreements made in Rio have not been realized regarding
such fundamental issues as fighting poverty and cleaning up the environment.
Green Cross International was founded to build upon the work of the Summit.
The first edition of Water Quality Assessments, published by WHO/Chapman & Hall, was
launched at the Rio Global Forum.
Reaffirming the Declaration of the United Nations Conference on the Human Environment,
adopted at Stockholm on 16 June 1972, and seeking to build upon it,
With the goal of establishing a new and equitable global partnership through the creation of
new levels of co-operation among States, key sectors of societies and people,
Working towards international agreements which respect the interests of all and protect the
integrity of the global environmental and developmental system,
Recognizing the integral and interdependent nature of the Earth, our home,
Proclaims that:
PRINCIPLE 1
Human beings are at the centre of concerns for sustainable development. They are entitled to
a healthy and productive life in harmony with nature.
PRINCIPLE 2
States have, in accordance with the Charter of the United Nations and the principles of
international law, the sovereign right to exploit their own resources pursuant to their own
environmental and developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of other States or
of areas beyond the limits of national jurisdiction.
PRINCIPLE 3
PRINCIPLE 4
All States and all people shall co-operate in the essential task of eradicating poverty as an
indispensable requirement for sustainable development, in order to decrease the disparities in
standards of living and better meet the needs of the majority of the people of the world.
PRINCIPLE 6
The special situation and needs of developing countries, particularly the least developed and
those most environmentally vulnerable, shall be given special priority. International actions
in the field of environment and development should also address the interests and needs of all
countries.
PRINCIPLE 7
States shall co-operate in a spirit of global partnership to conserve, protect and restore the
health and integrity of the Earth's ecosystem. In view of the different contributions to global
environmental degradation, States have common but differentiated responsibilities. The
developed countries acknowledge the responsibility that they bear in the international pursuit
of sustainable development in view of the pressures their societies place on the global
environment and of the technologies and financial resources they command.
PRINCIPLE 8
To achieve sustainable development and a higher quality of life for all people, States should
reduce and eliminate unsustainable patterns of production and consumption and promote
appropriate demographic policies.
PRINCIPLE 9
Environmental issues are best handled with the participation of all concerned citizens, at the
relevant level. At the national level, each individual shall have appropriate access to
information concerning the environment that is held by public authorities, including
information on hazardous materials and activities in their communities, and the opportunity
to participate in decision-making processes. States shall facilitate and encourage public
awareness and participation by making information widely available. Effective access to
judicial and administrative proceedings, including redress and remedy, shall be provided.
PRINCIPLE 11
PRINCIPLE 12
States should co-operate to promote a supportive and open international economic system
that would lead to economic growth and sustainable development in all countries, to better
address the problems of environmental degradation. Trade policy measures for environmental
purposes should not constitute a means of arbitrary or unjustifiable discrimination or a
disguised restriction on international trade. Unilateral actions to deal with environmental
challenges outside the jurisdiction of the importing country should be avoided.
Environmental measures addressing transboundary or global environmental problems should,
as far as possible, be based on an international consensus.
PRINCIPLE 13
States shall develop national law regarding liability and compensation for the victims of
pollution and other environmental damage. States shall also co-operate in an expeditious and
more determined manner to develop further international law regarding liability and
compensation for adverse effects of environmental damage caused by activities within their
jurisdiction or control to areas beyond their jurisdiction.
States should effectively co-operate to discourage or prevent the relocation and transfer to
other States of any activities and substances that cause severe environmental degradation or
are found to be harmful to human health.
PRINCIPLE 15
In order to protect the environment, the precautionary approach shall be widely applied by
States according to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation.
PRINCIPLE 16
PRINCIPLE 17
PRINCIPLE 18
States shall immediately notify other States of any natural disasters or other emergencies that
are likely to produce sudden harmful effects on the environment of those States. Every effort
shall be made by the international community to help States so afflicted.
PRINCIPLE 19
States shall provide prior and timely notification and relevant information to potentially
affected States on activities that may have a significant adverse transboundary environmental
effect and shall consult with those States at an early stage and in good faith.
Women have a vital role in environmental management and development. Their full
participation is therefore essential to achieve sustainable development.
PRINCIPLE 21
The creativity, ideals and courage of the youth of the world should be mobilized to forge a
global partnership in order to achieve sustainable development and ensure a better future for
all.
PRINCIPLE 22
Indigenous people and their communities, and other local communities, have a vital role in
environmental management and development because of their knowledge and traditional
practices. States should recognize and duly support their identity, culture and interests and
enable their effective participation in the achievement of sustainable development.
PRINCIPLE 23
The environment and natural resources of people under oppression, domination and
occupation shall be protected.
PRINCIPLE 24
PRINCIPLE 25
PRINCIPLE 26
States shall resolve all their environmental disputes peacefully and by appropriate means in
accordance with the Charter of the United Nations.
States and people shall co-operate in good faith and in a spirit of partnership in the fulfilment
of the principles embodied in this Declaration and in the further development of international
law in the field of sustainable development.
AGENDA 21
Agenda 21 is the blueprint for sustainability in the 21st century. Agenda 21 is a commitment
to sustainable development, which was agreed by many of the world's governments. Nations
that have pledged to take part in Agenda 21 are monitored by the International Commission
on Sustainable Development, and are encouraged to promote Agenda 21 at the local and
regional levels within their own countries. Thus, Agenda 21 lays emphasis on international
cooperation for achieving the goal of sustainable development.
The Conventions, Principles and Declarations of the Earth Summit, provide guidelines to deal
with the problems of poverty, hunger, resource consumption and the deterioration of
ecosystems. Agenda 21 provides a format for this to happen, detailing an action plan for
sustainable development and establishing targets for actions that combine economic
development and environmental protection1. Agenda 21:
Provides options for combating the deterioration of land, air and water, whilst
conserving habitats and their diversity.
Presently a nations wealth is gauged by its financial standing and the more money the better.
Agenda 21 promotes the attitude that a nations wealth should also account for the full value
of its natural resources. Agenda 21 also encourages nations to consider the costs of
environmental degradation. In addition, to reduce the risk of damage, environmental
assessments should be carried out and where degradation does occur, those responsible
should bear the costs.
Deals with poverty, over consumption, health and education.
Agenda 21 highlights the need to eradicate poverty. One of the major problems facing poorer
nations is their lack of resources and ability to live sustainably. Developed nations have taken
on the responsibilities of assisting poorer nations to reduce their environmental impacts and
achieve sustainable development.
1
http://www.unep.org/Documents.Multilingual/Default.asp?documentid=78&articleid=1163
Despite the very broad range of environmental and developmental issues included in Agenda
21, it has been criticized for its failure to address the inequitable international economic
system, impacts of conflicts and militarism, the crippling debt of many developing countries.
Also in Agenda 21, there is hardly any guidance on how its recommendations should actually
be implemented.
With the contemporary changes, the international agreements have sought to acquire a special
source of reference for The Supreme Court of India while deciding cases and when it comes
to the cases pertaining to environment, the International protocols on environment have a
very special role to play especially when India is a signatory to such a protocol. It is basically
because they tend to reflect the key government policies on important environmental issues.
International environmental agreements guide the Indian policies in a way that they enable
countries to work together to address vital environmental issues that are trans boundary or
global in nature, such as sustainable development, air pollution, climate change, protection of
the ozone layer, ocean pollution etc. Our domestic actions alone are often insufficient to
protect our environment, our resources, and our health. We need to work with other countries
to develop common solutions to international environmental problems that impact us directly.
Principle 3
The right to development must be fulfilled so as to equitably meet developmental and
environmental needs of present and future generations.
Principle 15
In order to protect the environment, the precautionary approach shall be widely applied by
States according to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation.
Principle 16
National authorities should endeavour to promote the internalization of environmental costs
and the use of economic instruments, taking into account the approach that the polluter
2
http://alexis.org.in/the-1992-rio-declaration-on-environment-and-development-impact-on-policies-and-
judgements/
3
[1991] 2 SCC 137
4
Sl. No.11 W.P 17686(W) of 2009 & W.P 2549 (W) of 2011
5
WRIT PETITION (CIVIL) NO. 180 OF 2011
6
S.L.P. (C) No.32013 of 2012
Sustainable development is not a new concept; many cultures over the human society realized
the need for the harmony between environment, society and economy. In this 21st Century
what is new is the articulation of this concept of global industrial and information society.
Sustainable Development means different things to different to different people, but in
Brundtland Report it was said that,
Sustainable Development is a development that meets the needs of the present without
compromising the ability of future generations to meet their own needs.
Sustainable development focuses on improving the quality standards of all human being in
the earth without compromising the excessive use of natural resources beyond the capacity of
the environment to supply them indefinitely; it requires and understanding that, this action
has its consequences and we must find out innovative ways to change the institutional
structures and individual behavior, in other words its about taking action, changing policy
and practice at all levels from the individual to international.
Judiciary in India, more precisely, the Supreme Court and High Courts has played an
important role in preserving the doctrine of Sustainable Development. Parliament has
enacted various laws to deal with the problems of environmental degradation. In such a
situation, the superior courts have played a pivotal role in interpreting those laws to suit the
doctrine of ' Sustainable Development'.
There were various factors which led to and become the guiding factor to pass various laws
relating to environment by the Indian Parliament. These factors cumulatively created an
atmosphere to legislate on various aspects of environment including the umbrella legislation -
the Environment Protection Act, 1986.
In June 1972, the First U.N (International) Conference on Human Environment was held in
Stockholm declared that:
To defend and improve the human environment for present and future generations has
become an imperative goal for mankind.
From the beginning of the attendance in the Stockholm Conference in 1072, India has passed
various major laws on environment, namely:
1. Water (Prevention and Control of Pollution) Act, 1974,
2. Air (Prevention and Control of Pollution) Act, 1981,
The first case on which the apex court had applied the doctrine of ' Sustainable Development'
was Vellore Citizen Welfare Forum vs. Union of India.7
Facts of the case:- The Vellore Citizen Welfare Forum filed this Writ Petition as public
interest litigation. In this petition, the Welfare Forum alleged that the tanneries and other
industries were discharging untreated effluent into the agriculture fields, roadsides,
waterways and open lands in the State of Tamil Nadu. The untreated effluent of these
tanneries and industries were finally discharged in the river Palar which was the main source
of water supply to the residents of the area. The Welfare Forum further alleged that the entire
surface and sub-soil water of river Palar was polluted resulting in non-availability of potable
water to the residents of the area. Due to the operation of these tanneries in the state of Tamil
Nadu environmental degradation was caused. According to the survey conducted by the
Tamil Nadu Agricultural University Research Centre, Vellore, nearly 35,000 hectares of
agricultural land in the tanneries belt had turned out partially or totally unfit for cultivation.
These tanneries used about 170 types of chemicals in the Chrome tanning processes. These
chemicals include common salt, lime, sodium sulphuric, chromium sulphate, fat liquor,
ammonia and sulphuric acid besides dyes which are used in large quantities. Approximately
35 cubic metre of water is used for processing 1 kg finished leather resulting in dangerously
enormous quantity of toxic effluents which were let out in the open by the tanning industries.
The effluents have spoiled physico chemical properties of the soil and have contaminated
groundwater by percolation.
7
AIR 1996 SC 2715
8
http://envis.mse.ac.in/problems%20pdf/TANNERIES.pdf (last assessed on 2/5/2017)
9
(2000) 10 SCC 664
10
https://www.lawteacher.net/free-law-essays/constitutional-law/environmental-protection-and-sustainable-
development-constitutional-law-essay.php#ftn32 (last assessed on 2/5/2017)
11
AIR 1987 SC 1086.
12
(1866) LR & HL 330, pp 339,340
13
AIR 1996 SC 1446.
14
AIR 1988 SC 1037
The world community at Rio Conference showed unanimity on two aspects i.e. to prevent
global climate change and eradication of biologically diverse species.
Two legally binding conventions were signed by the representatives of 154 countries.
The United Nations Framework Convention on Climate Change (FCCC) was adopted and
signed by 162 countries in 1992 at the Rio Earth Summit. With 26 Articles, consisting of
objectives, principles, commitments and recommendations, the FCCC became a blueprint for
precautionary action against the threat of global climate change.
The Convention on Climate Change entered into force on 21st march, 1994. The Conference
of the Parties to the Convention (COP) became the Conventions ultimate authority15.
It highlighted the fact that human activities, like the burning of fossil fuels, are releasing large
quantities of gases into the Earths atmosphere. These gases, including carbon dioxide are
enhancing the natural greenhouse effect. There are many concerns that the increase of such
greenhouse gases in the atmosphere is causing "global warming", which is threatening
humans and natural ecosystems.
The aim of the Convention was to provide an international framework within which future
actions could be taken to reduce the threat of global warming. The Convention indicates that
participating nations have the right to exploit their own resources, but they have a
responsibility to ensure that their activities do not cause any environmental harm to other
nations.
The ultimate goal of the Convention is to stabilize greenhouse gases in the atmosphere at a
level that will not pose undue risk to the global climate system.
a) Gather and share information on green house gas emissions, national policies and best
practices.
15
P.S. Jaswal, Environmnetal Law, Allahabad Law Agency, Faridabad, 3 rd Edition, 2014 pg 104
16
https://sustainabledevelopment.un.org/rio20
The COP Conferences have been held in all parts of the world. The first conference was held
at Berlin in 1995.
The biological diversity of the world the variability among living organisms is valuable
for ecological, genetic, social, economic, scientific, educational, cultural and recreational
reasons. Biodiversity plays an important role in evolution and for maintaining the condition
of life support systems within the biosphere. If we are going to meet the food and health
needs of a growing world population, then it is widely recognized that we need to conserve
and sustain our biological diversity.
The Convention on Biological Diversity entered into international law in 1994 with 153
nations signing up. The convention is legally binding; countries that join it are obliged to
implement its provisions. It is an international treaty and has three main goals:
The Convention states that participating nations have rights over their biological resources,
allowing responsible and sustainable exploitation, but ensuring that biological diversity is
conserved.
India is a party to the Convention on Biological Diversity, 1992. The Indian Parliament has
enacted the Biological Diversity Act, 2002. The Act primarily addresses the issue concerning
access to genetic resources and associated knowledge by foreign individuals, institutions,
companies and equitable sharing of benefits arising out of the use of these resources and
knowledge to the country and people.
EARTH SUMMIT + 5
As envisaged in Agenda 21, a special session of the UN General Assembly at New York on
environment was held in June, 1977 which is also known as Earth Summit +5. It was
supposed to find out how far the committed nations had gone from Rio.
This special session is known as Earth Summit + 5 because it was after five years from the
historic Earth Summit in Rio in 1992, that the representatives of various nations reviewed
the progress they had made in achieving the goal of sustainable development.
In the conference it was found that the planets oceans, forests and atmosphere are still in
trouble, and its population of poor people is growing. One of the biggest disappointments was
on global warming.
112 billion tons of carbon dioxide (CO2)was released into the atmosphere in the past five
years. The other Rio agreements also suffered a similar fate. The Biodiversity Convention
was meant to ensure that the destruction of species was slowed down and eventually halted
but the estimates suggested a rising toll owning to deforestation rate that rose from 11,000 sq.
km. a year in 1991 to 15,000 sq. km. a year in 199517.
EARTH SUMMIT + 10
In 2002, ten years after the Rio Declaration, a follow-up conference, the World Summit on
Sustainable Development (WSSD) was convened in Johannesburg to renew the global
commitment to sustainable development. The conference agreed on the Johannesburg Plan of
Implementation (JPOI) and further tasked the CSD to follow-up on the implementation of
sustainable development.
17
https://sustainabledevelopment.un.org/rio20
The United Nations Conference on Sustainable Development or Earth +20 took place in Rio
de Janeiro, Brazil on 20-22 June 2012.
The Rio +20 Conference also galvanized the attention of thousands of representatives of the
UN system and major groups. It resulted in over 700 voluntary commitments and witnessed
the formation of new partnerships to advance sustainable development.
It is true that in order to improve and protect the environment from pollution sustainability
must be there between environment and development. The concept of sustainable
development based on the notion that natural resources should be exploited for the benefit of
both present and future generation. As we know that increased industrial activity worldwide
requires the use of natural resources which are depleting day by day. It is also true that the
need for resource conservation, efficient use of resources and environment friendly corporate
policies and behaviour has now been recognised worldwide. The country needs an
Environmental policy and planning, while being globally sensitive must be based on local
needs. Finally, if sustainable development has to move from mere wishful thinking and
slogan-mongering into a reality, the world (developed and developing) as a whole has to
move towards a new world order in which new economic and technological orders are
dovetailed. Such an order has to be aimed at benefiting the poor because in the chain of
sustainable development, the weakest links are poverty and inequality. Last but not least, if
the principles of sustainable development are followed then definitely with the economic
growth and industrial development of a country environment protection can be maintained.