Wednesday 27 June 2012

Development of the concept of Sustainable Development with respect to International Conventions


The problems regarding environment are not localised – they have a global implication. All the nations combined are responsible for the environment. Keeping this thing in mind, a number of international conventions were held where problems relating to the environment were discussed and their solutions were sought for.
A-  Stockholm Conference
Expressing concern over the environmental degradation, in the year 1972, representatives of 113 countries participated in the United Nations Conference on Human Environment held at Stockholm in Sweden.
This was the first major step to serve the problems of human environment.
The declaration on Human Environment enunciated various principles regarding environment.
It was decided that the “States shall cooperate to develop further the International law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such States to areas beyond their jurisdiction.”
Further, “Scientific research and development in the context of environmental problems, both national and multinational must be promoted in all countries, especially the developing countries2. Emphasis was also made on pollution control and elimination of toxic wastes.
Also, “The capacity of the earth to provide vital renewable resources must be maintained and wherever practicable restored or improved.”3  
Article 1 of the declaration states that protection and improvement of human environment is a major issue which affects the  well-being of people and economic development.
Principle 3 states that the capacity of Earth to produce vital renewable resource must be maintained and wherever practicable restored. Principle 5 states that renewable resources must be employed so as to guard against the danger of future exhaustion of non-renewable resources. Principle 7 states that States shall take all possible steps to prevent pollution of the seas.
According to principle 11 the environmental policies should enhance and not adversely affect the present and future potentials of the developing countries. Principle 12 states that resource should be made available to preserve and improve the environment taking into account the circumstances and particular requirement of developing countries.
Principle 25 states that States shall ensure that international organizations play a coordinated efficient and dynamic role for the protection and improvement of the environment. 
The Stockholm conference was the first step towards the development of the concept of sustainable development.
B-Nairobi Declaration
To mark the 10th anniversary of Stockholm declaration, representative of 105 nations participated at Nairobi between 10 th to 18 th May 1982. Here a decision for creating special commission on environment was taken. This commission had to propose long term environmental strategies for achieving sustainable development to the year 2000 and beyond.
C - Earth Summit
The Rio Declaration on Environment and Development, 1992 was a landmark step in the field of sustainable development. In this declaration a number of principles regarding sustainable means of agricultural and industrial developments were laid down. This summit was attended by 178 nations and 130 heads of State and Government attended the plenary session.
Sustainable development was one of the main issues discussed in this summit 27 principles on environment were laid down in the Rio declaration and some of them are :
The right to development must be fulfilled as to equitably meet development and environmental needs of present and future generations (principle 3).
Environmental protection should constitute the integral part of development process (Principle 4)and States should develop laws regarding liability and compensation to victims of pollution and environmental damages (Principle 13).
Human health and life was also given importance and human beings are at the centre of concerns for sustainable development. Therefore, all attempts for a healthy and productive human life that are in harmony with nature are to be made. (Principle 2)
Further, it is the duty of the governments of different countries to enact environmental legislation. (Principle 11)
Principle 8 states that to achieve sustainable development and a higher quality of life for their people States should reduce and eliminate   unsustainable patterns of production and consumption and promote demographic policies. According to Principle 15 Sates should widely apply the precautionary approach so as to protect the environment.
Principle 24 states that as warfare is inherently destructive of sustainable development States shall therefore respect international law providing protection for the environment in times of armed conflict and cooperate in the further development of International law as necessary.
Principle 25 states that pace, development and environmental protection are interdependent and indivisible.
Thus, the Earth summit laid down great emphasis on the concept of sustainable development and made it a responsibility of the governments to take measures in that direction.
D – Kyoto Protocol to the UN framework convention on Climate Change, 1997.
Kyoto Protocol laid down various principles on sustainable development. It comprised of a total of 27 Articles. Article 2 enumerates various principles for the promotion of sustainable development.
It was agreed upon that the nations should encourage the research and development that is environmentally benign. Under Article 2(1)(iii) emphasis was also laid down on the development of sustainable methods of agriculture.
Clause (i) provides for the enhancement of energy efficiency in relevant sectors of the national economy. Further promotion of sustainable forest management practices,afforestation and reforestation was also provided under clause (ii). Clause (iv) laid down provisions for the promotion, research, development and increased use of renewable forms of energy.
Clause (vii)laid down measures for the limitation and reduction of emissions of green house gases. Annexure A of the Protocol lists the green house gases which are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), chloro floro carbons, perfluorocarbons (PFC5) and SF6. A special provision was laid down for the development of laws which ensure sustainable methods of development.
According to the Kyoto Protocol, stress should be laid down on environmental legislation which favors environmentally benign technological development.

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