In 1992, at the United Nations Conference on Environment and Development, commonly known
as the Earth Summit, the concept of sustainable development received the approval of over
140 governments. Despite the general agreement, there are hundreds of formulations of
sustainable development, each reflecting particular values and priorities.
One way sustainable development may be described is development that meets the need of the
present without compromising the ability of future generations to meet their own needs
Brundtland Report, 1987.
Sustainable development requires the integration of three pillars, social justice, economic growth
and environmental protection. However, it is not simply a goal, it is also a process. Sustainable
development has significant procedural elements. It ought to be done through empowerment,
consultation, impact and risk assessment, the expansion of opportunities and capacities and
public participation.
Deforestation poses a threat to the local, regional and global habitat of humans and animals.
Intensive (illegal) logging operations cause erosion and ongoing forest fires cause
environmental threats because of the enormous emission of greenhouse gases. The majority
of the problem is caused by the palm oil industry, for which immense fires are used to clear
the land for their commercial plantations. Those fires rage uncontrollably and destroy large
parts of the forest, which has the side effect of forming smoke haze. This threatens the health
of local communities, the inhabitants of neighbouring countries and poses a threat to global
climate security because of the emission of greenhouse gases. For example, the great forest
fires of 1997/1998 emitted carbon dioxide at a volume that was roughly equal to that of the
whole of Western Europe in the same period. Also, five million hectares of land were
Besides that, the smoke haze is destructive for the global environment and the health of
indigenous peoples, the inhabitants of Indonesia and those of neighbouring countries. It has
while haze-caused accidents (because of the effect on light and visibility) result in loss of
lives. Because of this, transport is also severely disrupted by haze. Closures of airports and
cancellation of flights are common in the region. Economic losses from such disruptions, as
well as aircraft and maritime accidents are compounded by steep declines in tourist arrivals2
2 Website of the RHAP (Regional Haze Action Plan of the ASEAN), Co-ordination and Support
Unit (CSU),<http://www.haze-online.or.id/help/firehaze.php>.
SUSTAINABLE DEVELOPMENT LAW
Sustainable development law is found at the intersection of three principal fields of international
law: international economic law, international environmental law and international social law.
Sustainable development law refers to emerging substantive body of legal instruments, norms
and treaties, supported by distinctive procedural elements.
In particular, the concept of sustainable development can be considered part of the object and
purpose of many international treaties, including the 1992 UN Convention on Biological
Diversity, its 2000 Cartagena Protocol on Biosafety and its 2010 Nagoya Protocol, the 1992 UN
Framework Convention on Climate Change and its 1997 Kyoto Protocol, the 1994 UN
Convention to Combat Desertification and Drought, the 1994 North American Free Trade
Agreement, the 1995 Straddling Fish Stocks Agreement of the 1982 UN Convention on the Law
of the Sea, the 2000 Cotonou Partnership Agreement between the European Union and the
African Caribbean and Pacific countries, the 2001 International Treaty on Plant Genetic
Resources for Food and Agriculture, and many others. In each treaty, the sustainable
development objective is worded slightly differently, and also operationalised differently.
Emerging mainly from soft-law instruments, such as declarations and international statements,
certain principles are starting to assert certain persuasive force. Such principles may help to
resolve conflicts related to sustainable development, and support the balanced integration of laws
and policies at the intersection of international environmental, social and economic law.
After ten years of study and exchange, the International Law Association Committee on the
Legal Aspects of Sustainable Development released the 2002 New Delhi Declaration on the
Principles of International Law Related to Sustainable Development,4 which identifies seven
principles in particular, without claiming to be exhaustive. The text of the New Delhi Declaration
is reproduced below. At each principle, a brief commentary is provided based on analysis from
the Sustainable Development Law: Principles, Practices and Prospects (OUP, 2004) to highlight
certain aspects of the principle, and underline how it is reflected in the outcomes of the World
Summit on Sustainable Development and the global climate change regime.
4. The principle of the precautionary approach to human health, natural resources and
ecosystems
5. The principle of public participation and access to information and justice (Openness)
During the emergence of the environmental movement and particularly during the
Stockholm Conference, the attitude of many states was that economic development and
environmental protection exclude each other and even are in conflict with one another.
This attitude prevailed until quite recently and even today, some states hold such
beliefs.3The key strengths of the concept of sustainable development are, in fact, its
explicit suggestion that economic development and environmental protection are
mutually reinforcing and its aim to provide a workable solution to the traditional conflict
between the two. Considering the fact that sustainable development is particularly
important for developing countries that are struggling with quickly increasing resources
and weak economies, the purpose of leading international organisations (e.g. UN, World
Bank) is to find innovative sustainable ways to help and encourage countries to pursue
sustainable development.The modern history of international environmental law knows
three main milestones: the Stockholm Declaration, the Report of the Brundtland
Commission (also known as the World Commission on Environment and Development,
WCED), and the Rio Declaration. These three central documents all refer to either
sustainable development or its components4.While the Stockholm Declaration makes no
specific reference to it, several of its principles refer to its components. The report of the
Brundtland Commission, on the other hand, places the concept of sustainable
4 However, none of these documents are binding on states, although some of theprovisions
now reflect customary international law. Principle 21(sovereignty and responsibility over
national
natural resources) of the Stockholm Declaration, which is found in a slightly amended form
in the Rio
Declaration, is a good example of a provision that has achieved normative status through
subsequent state
practice.
development in the centre of interest. With the Brundtland Commission a change took
place. Instead of focusing on developmental needs and
needs in policies, strategies and programs.15 The report Our Common Future includes
the most authoritative definition of the concept:
According to the Brundtland Report this definition contains two key concepts: first, the
concept of needs, in particular the essential needs of the worlds poor to which
overriding priority should be given, and secondly, the idea of limitations imposed, by the
state of technology and social organisation on, the environments ability to meet present
and future needs.6 Natural resources should not be consumed by a small number of
industrialised, developed societies. Besides access to natural resources, people from all
over the world need equal chance to produce and consume these natural resources in a
way that can fulfil their needs.7In 1992 the Rio Declaration on Environment and
Development (UNCED), modelled on the Stockholm Declaration of 1972 and regarded
as the leading international authority on sustainable development, responded to a request
5 Report of the World Commission on Environment and Development (the Brundtland
Report), Our CommonFuture (1987), p. 43
8 Unsustainable Arguments, p. 23
9 A.B.M. Marong, From Rio to Johannesburg: Reflections on the Role of International Legal
Norms inSustainable Development, 21 Geo. IntL Envrtl. L. Rev. (2003) 57
10 Marong, supra note 38, p. 57. See also P.A. Nollkaemper, De Kracht van het Onbepaalde:
de Rechter en hetBeginsel van Duurzame Ontwikkeling, 4 Milieu en Recht (2000) 88-90
THE ENVIRONMENTAL LAW ASPECT OF SUSTAINABLE
DEVELOPMENT
Sustainable development comprises those principles and rules which are derived,
principally, of the lex specialis of prior and emerging international law in three fields of
international co-operation: economic development, the environment and human rights.
The chapter analyses how several authors define the concept of sustainable development
in terms of various principles, preferring a so-called umbrella approach, in which
sustainable development is understood more broadly as encompassing a variety of
different concepts. The four recurring elements that, according to Philippe Sands
appear to comprise the legal elements of the concept of sustainable development, as
reflected in international agreements115 are discussed in paragraph 1.2. Here, we will
focus on the seven principles of international law, which Sands states have emerged as
having particular relevance in the field of sustainable development.
In international law, states are not allowed to conduct or permit activities within their
territories, or in common spaces, without regard for the rights of other states or for the
That states have a duty to prevent, reduce, and control pollution and environmental
The codification and development of the first mentioned element of the law on
transboundary harm has also advanced significantly in the work of the International Law
Commission and in the jurisprudence of the ICJ.122 An example of the latter is the
Gabcikovo-case. The ICJ declares in paragraph 53 the great significance that it attaches
to respect for the environment,not only for States but also for the whole of mankind. The
same paragraph is referring to the 1980 Yearbook of the International Law Commission
in which, among others, can be found that "(i)t is primarily in the last two decades that
safeguarding the ecological balance has come to be considered an 'essential interest' of all
States."123 But, the proposition to prohibit transfrontier damage has emerged in
jurisprudence long before 1992, examples are the 1941Trail Smelter Case124, the 1957
Lac Lanoux Case125, the 1969 Gut Dam Case126 and the Corfu Channel Case in
1949, in which the ICJ stated that every State has an obligation not to allow
knowingly its territory to be used for acts contrary to the rights of other states.127
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 policies, and the responsibility to ensure that activities within their
Principle 2 of the Rio Declaration has more or less the same wording, with one
minor change:
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
should be handled in a co-operative spirit by all countries, big and small, on an equal
The commitment to co-operation between states is in Sands opinion reflected in the large body
of treaties and other international acts that now have environmental and other objectives related
to sustainable development.11 This obligation to co-operate can be found in almost all
international environmental treaties (global, bilateral and regional). The principle of cooperation
is said to extend not only to prior accidents, but also to planned activities. According to Stoll, the
principle generally requires states to give information and be prepared for consultations with
other states. The information should include all data relevant to assessing and confronting
significant transboundary damages, whether they are actual orpotential.12
12 P-T. Stoll, Transboundary Pollution, in Wolfrum & Morrison (eds.), supra note 73, p. 188
Birnie and Boyle state that in this formulation, the principle helps to identify whether a legally
significant risk exists by addressing the role of scientific uncertainty.15 They also see the
Sands,
(a) environmental factors being included in the valuation of assets and services;
(b) adopting the polluter pays (or user pays) principle, that is to say, those who generate
pollution and waste should bear the cost of containment, avoidance or abatement;
(c) the users of goods and services paying prices based on the full life cycle of the cost of
15
providing goods and services, including the use of natural resources and assets and the
(d) environmental goals, having been established, being pursued in the most cost effective
the best placed to maximise benefits or minimise costs to develop their own solutions
On the subject of the role of law; we emphasize from the outset that we believe, as do several
others, that sustainable development can occur without the constraints of law (Brown 1995). In
This respect, the greatest hope lies in the voluntary reduction and elimination of non-sustainable
behavior and motivations by persons living in elsewhere in the world. Of course, even if this
wish were largely shed, issues regarding the sustainable sharing environmental resources
between industrial, recreational, domestic and subsistence users will continue, as in the past, to
give rise to conflicts and debates that will undoubtedly result in intervener in by public
authorities to define the rights of the various users. Landed, once the limits of natural resources
and the harmful effects of human activities on natural ecosystems and human health are
recognized, the protection of the environment becomes a political problem in Canada as
e1sewhere Ouellette 1998). The adoption of restrictive rules of law is one means at the disposal
of politicians to intervene in conflicts between and form what legal specialists call federal and
Qubec environmental law.16 Briefly, national environmental law requires that businesses replace
When examining the existing ties between the legal framework for environmental protection and
sustainable development in the Nunivak Region, a systemic approach to sustainable
development was use. More specifically, this approach makes it possible to underscore the
interdependence of economic, ecological and social factors. These three dimensions of
sustainable development used in the systemic approach are often formulated in principles and
objectives presented by a triangular mode. The systemic approach to sustainable development
provides a framework for evaluating the legal systems implemented since the easy 1970s. This
analysis makes it possible, among other things, to underscore how environmental law currency
standardizes the interactions between the economic, ecological and social dimensions of
sustainable development. .
Environmental integrity. The measures are the viability and stability of the environment's
ecosystem: the viability of' the ambient milieu and the stability of environment resources. For
this, we examine the current legal framework by underscoring the interactions between
environmental integrity, economic efficiency, and social equity.17 Systemic grid of
Sustainable development is applied to the specific stakes of economies development and of the
sustainability of the natural and wildlife resources in Nunivak. As for the data used in the
Environmental sources ate integral to the fundamental functions of the environment for societies
in both the. For example, for the Inuit, .the stability of wildlife resources and their habitats is
directly related to food security. Hunting, fishing, and trapping are not only traditional pursuits;
these activities provide food sours and an economic base. Wildlife resources and habitats are also
exploited for recreational and commercial purposes by non-Natives. Generally, federal law is the
Fisheries Act, which grants protection to several marine mammal speeds (e.g., narwhals,
belugas). Currency, there does not exist any federal legislation to
Protect threatened or vulnerable speeds. However, an official list of endangered speeds does
exist, which include& more than 130 wildlife and plant speeds, a' few of which are harvested in
Nunivak (e.g." polar bears, belugas). This is not binding but it signals Thai sore species that are
being harvested for subsistence or commercial purposes warrant special protection for the sake
of sustainable development.
Pollution affects environmental functions that are vital for human societies; these include the
viability and stability of ecosystems. For example, by serving as a site on the subject of
environmental viability in Nunivak, it is particularly noteworthy that regulatory control over
contaminants focuses less on the quality of the ancient milieus than on the emission sources
which are generally located outside Nunivak, inanely in southern Qubec, Ontario, the U1ted
States or elsewhere. In this context, the institutions of Nunivak, including the regional offices of
federal and provincial departments, and the persons living in this region have no control over
most of the pollution sources affecting this" territory. Moreover, contaminants originating from
remote regions raise uncertainties as to, the identity of the sources of emissions that are
detrimental to Nunivak. These uncertainties have a negative impact on the effectiveness of the
legal prohibitions forbidding environmental pollution: the establishment of criminal or civil
responsibility presupposes a proven causal link between a contamination and the prohibited
pollution -tension. More generally, the trans-border nature, of pollution, in Nunivak raises
questions regarding pollution problems affecting northern regions when it involves setting
erosion standards and negotiating intergovernmental agreements on trans-border pollution
CONCLUSION
At the end of this project , it can be concluded by saying that as we know sustainable
development is an approach to economic planning that attempts to foster economic growth while
preserving the quality of the environment for future generations. Despite its enormous popularity
in the last two decades of the 20th century, the concept of sustainable development proved
difficult to apply in many cases, primarily because the results of long-term sustainability
analyses depend on the particular resources focused upon. For example, a forest that will provide
a sustained yield of timber in perpetuity may not support native bird populations, and a mineral
deposit that will eventually be exhausted may nevertheless support more or less sustainable
In this growing era of global warmaing it is the need of the hour that we understand how
important it is for us to achieve the sustainable development. The greatest problem is that we use
and over use a resource without thinking of the future. It is very important that we understand the
importance of sustainable development and make our earth a better place to live.
As many environment policies have been set uo to achieve the aim of sustainable development ,
it is very important that these policies are adopted and implemented efficiently.stringent actions
should be taken by the government to achieve this aim.
PROJECT REPORT ON
SUSTAINABLE
DEVELOPMENT
-Submitted to-
Dr. MANJULA BATRA
BY-
Hala Quamar
B.A.LLB(hons)
3rd year
Session-2014-15
ACKNOWLEDGEMENT
Saying that completing this project is solely my effort will be totally untrue. This project would
have never been completed without the help and support of my teacher ,classmates and friends.
So, first of all I would like to thank my teacher of environment Law Mam Dr. MANJULA
BATRA, without whose support this would have never been completed.
I would also like to thank my classmates Haider Zoya, Sana Wasim and Kaynat for their help
and support throughout.
Last but not the least I would like to thank my hostel mates zoha ,Saba and Anam For their help.
TABLE OF CONTENTS
1. INTRODUCTION
2. SUSTAINABLE DEVELOPMENT IN LAW
3. GENERAL PRINCIPLES OF SUSTAINABLE DEVELOPMENT
4. THE ENVIRONMENT LAW ASPECT OF SUSTAINABLE DEVELOPMENT
5. THE PRINCIPLE OF GOOD NEIGHBOURS AND INTERNATIONAL
COOPERATION
6. DUTY TO PREVENT,REDUCE AND CONTROL TRANS-BOUNDARY
ENVIRONMENT HARM
7. STOCKHOLM DECLARATION
8. RIO DECLARATION
9. PRINCIPLE OF COMMON BUT DIFFERENTIATED RESPONSIBILITY
10. PRINCIPLE OF PREVENTATIVE ACTION
11. PRECAUTIONARY PRINCIPLE
12. POLLUTER PAY PRINCIPLE
13. ROLE OF ENVIRONMENT LAW IN SUSTAINABLE DEVELOPMENT
PROJECT
14. EXAMINATION OF TIES BETWEEN REGULATORY CONTROL OVER THE
ENVIRONMENT AND SUBSTANCIAL DEVELOPMENT
15. VIABILITY OF THE AMBIENT MILIEU: POLLUTION CONTROL AND THE
INTERACTIONS BE'I'WEEN ENVIRONMENTAL LAW, ECONOMIC
ACTIVITIES AND CIVIL SOCIETY
16. VIABILITY OF THE AMBIENT MILIEU: POLLUTION CONTROL AND THE
INTERACTIONS BE'I'WEEN ENVIRONMENTAL LAW, ECONOMIC
ACTIVITIES AND CIVIL SOCIETY
17. CONCLUSION
BIBLIOGRAPHY
BOOKS REFERRED-
LEGISLATION REFERRED-
WEBSITES-
www.ssrn.com
www.indiankanoon.com