Sustainable Development

Brundtland Commission definition

The concept of Sustainable Development was popularized by the Brundtland Commission in its 1987 report, "Our Common Future". It defined sustainable development as:

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

Integration of environment and development

This principle emphasizes that environmental protection must be an integral part of the development process and cannot be considered in isolation. It urges governments and international bodies to balance economic growth with ecological sustainability, ensuring long-term welfare.

It is a core element in international treaties like the Rio Declaration on Environment and Development (1992).

Precautionary Principle

Absence of full scientific certainty should not postpone measures to prevent environmental degradation

The Precautionary Principle states that where there are threats of serious or irreversible environmental damage, the lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

This principle is enshrined in Principle 15 of the Rio Declaration. It places the burden of proof on the developers or polluters rather than on the community or environment affected.

Polluter Pays Principle

Those who cause pollution should bear the costs of preventing or remedying it

According to this principle, polluters are liable for the costs associated with pollution control and remediation. It encourages internalizing the cost of environmental damage into the economic system and aims at deterring potential polluters.

This principle is applied in both domestic and international environmental regimes and is part of several legal instruments, including the OECD Guidelines and EU Environmental Policy.

Common but Differentiated Responsibilities (CBDR)

Recognizing differing capacities and contributions to environmental problems

The principle of Common but Differentiated Responsibilities (CBDR) recognizes that while all states are responsible for addressing global environmental degradation, they are not equally responsible.

Developed countries, having historically contributed more to environmental damage and possessing greater resources, have a larger obligation in environmental protection efforts than developing nations.

This principle is a cornerstone of the United Nations Framework Convention on Climate Change (UNFCCC) and subsequent climate negotiations like the Kyoto Protocol and the Paris Agreement.

No Harm Rule

States shall ensure that activities within their jurisdiction do not cause damage to the environment of other States

The No Harm Rule, also known as the principle of transboundary responsibility, obligates States to ensure that activities within their jurisdiction or control do not cause environmental damage to other States or areas beyond national jurisdiction.

This principle was recognized in the landmark Trail Smelter Arbitration (USA v. Canada, 1938-41) and reiterated in Principle 21 of the Stockholm Declaration (1972).

It underlines the duty of States to act responsibly and promote cooperation in managing shared environmental concerns.

Stockholm Declaration, 1972

Framework for international environmental cooperation

The Stockholm Declaration emerged from the United Nations Conference on the Human Environment held in Stockholm, Sweden, in 1972. It was the first major international effort to place environmental issues on the global agenda.

This declaration contains 26 principles that emphasize the responsibility of humans to protect and improve the environment for present and future generations. It established the United Nations Environment Programme (UNEP) and laid the foundation for global environmental governance.

Rio Declaration on Environment and Development, 1992

Enunciation of principles like sustainable development, precautionary principle

The Rio Declaration was adopted during the Earth Summit in Rio de Janeiro in 1992. It elaborated on the principles laid down in the Stockholm Declaration and included 27 principles for guiding sustainable development globally.

Key principles include:

• Principle 1: Human beings are at the centre of sustainable development.
• Principle 7: Common but Differentiated Responsibilities (CBDR).
• Principle 15: The Precautionary Principle.
• Principle 16: Polluter Pays Principle.

The Rio Declaration emphasized the importance of integrating environmental and developmental goals.

Climate Change Conventions

UNFCCC, Kyoto Protocol, Paris Agreement

1. UNFCCC (1992): The United Nations Framework Convention on Climate Change aims to stabilize greenhouse gas concentrations. It recognizes the responsibility of developed countries in contributing to climate change.

2. Kyoto Protocol (1997): A legally binding agreement under the UNFCCC that set emission reduction targets for developed countries. It introduced market-based mechanisms like carbon trading.

3. Paris Agreement (2015): Replaced Kyoto; aims to limit global warming to well below 2°C. It introduced a bottom-up approach through Nationally Determined Contributions (NDCs). It is notable for its universal participation and voluntary commitments.

Biodiversity Conventions

Convention on Biological Diversity (CBD)

The Convention on Biological Diversity (1992), signed at the Rio Earth Summit, has three main objectives:

• Conservation of biological diversity
• Sustainable use of its components
• Fair and equitable sharing of benefits arising out of the utilization of genetic resources

It emphasizes the sovereignty of states over their biological resources and requires parties to develop strategies and action plans to conserve biodiversity.

Ozone Layer Protection Conventions

Vienna Convention and Montreal Protocol

Vienna Convention (1985): A framework convention for international cooperation in the protection of the ozone layer. It did not mandate specific reductions but provided for research and data sharing.

Montreal Protocol (1987): A landmark legally binding protocol under the Vienna Convention that called for the phase-out of ozone-depleting substances (ODS) like CFCs and halons. It is considered one of the most successful environmental treaties and has achieved universal ratification.

Hazardous Waste Conventions

Basel Convention

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989) aims to prevent developed nations from dumping hazardous waste in developing countries.

It regulates the movement of hazardous wastes across borders and requires prior informed consent of the receiving country. It also promotes environmentally sound management (ESM) of such waste.

The Convention has been supplemented by the Ban Amendment (1995), which prohibits the export of hazardous waste from OECD to non-OECD countries.