Subject- Environmental Law

Topic- Sustainable Development

(Back Paper Project)

Submitted to :

Submitted by
Pulkit Pareek

(Asst. Prof.)

B.A.LL.B(8th Sem)

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TABLE OF CONTENTS

INTRODUCTION
SUSTAINABLE DEVELOPMENT
HISTORY OF SUSTAINABLE DEVELOPMENT
SUSTAINABLE DEVELOPMENT IN INDIA
SUSTAINABLE DEVELOPMENT RIO 20 CONFERENCE
PRECAUTIONARY PRINCIPLE
POLLUTER PAYS PRINCIPLE
ENVIRONMENTAL IMPACT ASSESSMENT
CONCLUSION
BIBLIOGRAPHY

ACKNOWLEDGEMENT
I take immense pleasure in thanking

wish to express my deep gratitude to

him for his insightful guidance which permitted me to carry out this work. My consult faculty
has been a source of inspiration and I am very thankful to him for his guidance which helps me
in completing this project.

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Words are in adequate in offering my thanks to him for his encouragement and co-operation in
carrying out the report work last but not the least I would like to thank my friends.

INTRODUCTION:Sustainable Development is a process in which development can be sustained for Sustainable De

velopment

is a process in which development

can be sustained for generations.

It

means

improving the quality of human life while at the same time living in generations.1 It means
1http.//www.scribd.com/rio20conference
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improving

the

quality

of

human

life

while

at

the

same

time

living

in harmony with nature and maintaining the carrying capacity of the life supporting harmony wit
h nature and maintaining the carrying capacity of the life supporting ecosystem.

Development means increasing the societys ability to meet human needs. Economic growth is
an important component but cannot be a goal itself. The real aim Economic growth is an
important component but cannot be a goal itself. The real aim must be to improve the quality of
human existence to ensure people to enjoy long, healthy must be to improve the quality of
human existence to ensure people to enjoy long, healthy and fulfilling life.
Brundtland Commission puts it as development that meets the needs of the present without
compromising the ability of future generations.2

HISTORY OF SUSTAINABLE DEVELOPMENT

The sustainability idea emerged in a series of meetings and reports during the 1970s andThe
sustainability idea emerged in a series of meetings and reports during the 1970s and 1980s,
besides there is a timeline of some important sustainable development events in1980s, besides

2http://brundtlandcommisionreportibid07
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there is a timeline of some important sustainable development events in the United Nations, the
Government of Canada and Human Resources Development.
In 1972, the UN Stockholm Conference on the Human Environment marked theIn 1972, the UN
Stockholm

Conference

on

the

Human

Environment

marked

the first great international meeting on how human activities were harming thefirst great internati
onal meeting on how human activities were harming the environment

and

putting

humans

at risk.environment and putting humans at risk.3

The 1980 World Conservation Strategy, prepared by the International Union for The 1980 World
Conservation Strategy, prepared by the International Union for the Conservation of Nature along
with the UN Environment Program and the Conservation of Nature along with the UN
Environment

Program

of environmental protection

and
in the

the World Wildlife

self-World Wildlife

Fund,
Fund,

promoted
promoted

the idea
the idea

of environmental protection in the self-interest of the human species. Interest of the human
species.4

In 1987, the UN-sponsored Brundtland Commission releasedOur Common Future , a report that
captured widespread concerns about the environment and, a report that captured widespread
3http://www.preservearticles.in
4http://www.lawnotes.in
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concerns about the environment and poverty in many parts of the world. The Brundtland report
said that economic poverty in many parts of the world. The Brundtland report said that
economic development cannot stop, but it must change course to fit within the
planet'sdevelopment cannot stop, but it must change course to fit within the planet's ecological
limits. It also popularized the term sustainable development.ecological limits. It also popularized
the term sustainable development.
World attention on sustainability peaked at the 1992 UN Conference onWorld attention on sustai
nability peaked at the 1992 UN Conference on Environment and Development, in Rio de Janeiro.
It brought together the 179Environment and Development, in Rio de Janeiro. It brought together
the 179 nations and included the Earth Summit, the largest-ever meeting of world leaders.nations
and included the Earth Summit, the largest-ever meeting of world leaders. Rio produced two
international agreements, two statements of principles and aRio produced two international
agreements, two statements of principles and a major action agenda on worldwide sustainable
development.major action agenda on worldwide sustainable development.5
In the year 2002, that is ten years after the Earth Summit in Rio, the World In the year 2002, that
is ten years after the Earth Summit in Rio, the World Summit for Sustainable Development was
held in Johannesburg. Here Canada Summit for Sustainable Development was held in
Johannesburg. Here Canada submitted a document reflecting the progress of all federal
departments6. Submitted a document reflecting the progress of all federal departments.

5http//:www.lawnotes.in/sustainabledevelopment
6http://n.p.nd.webibid07/sustainabledevelopment
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SUSTAINABLE DEVELOPMENT IN INDIA

Although India has traditional institutions, practicing Sustainable Development, the Rio Summit
1992 and WSSD 2002 commitments have changed our policy and plan.Summit 1992 and WSSD
2002 commitments have changed our policy and plan. To achieve sustainable development, the
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National Conservation Strategy (NCS) formulated achieve sustainable development, the National
Conservation Strategy (NCS) formulated in 1990 has six primary principles. They are - (i)
Stabilization of population growth; (ii)in 1990 has six primary principles. They are - (i)
Stabilization of population growth; (ii) Integrated land use and water management; (iii)
Conservation of biological diversity; (iv)Integrated land use and water management; (iii)
Conservation of biological diversity; (iv) Sustainable energy and resource utilization; (v)
Pollution control; and (vi) Improvement Sustainable energy and resource utilization; (v)
Pollution control; and (vi) Improvement of human habitats. Followed by NCS, Environmental
Action Program (EAP) and National Forestry Action Followed by NCS, Environmental Action
Program

(EAP)

and

National

Forestry

Action Plan (NFAP) were formulated towards the objective of Sustainable Development of Plan
(NFAP) were formulated towards the objective of Sustainable Development of India. Three imp
ortant government contributions to environment and sustainableIndia. Three important governme
nt contributions to environment and sustainable development over the past one and half decades
are summarized below: development over the past one and half decades are summarized below:

SUSTAINABLE DEVELOPMENT
Formulation and enforcement of policy and legal instruments. Example:Formulation and enforce
ment of policy and legal instruments. Example: Conservation Strategy, Amendment of outdated
Acts or Enactment of Conservation Strategy, Amendment of outdated Acts or Enactment of com
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prehensive new ones like the Forest Conservation Act and the Environmentcomprehensive new
ones like the Forest Conservation Act and the Environment (Protection) Act; and(Protection) Act;
and

Implementation of programs and projects for SD.Implementation of programs and projects for
SD.During the late 1970s and early 1980s, many people argued that development must
takeDuring the late 1970s and early 1980s, many people argued that development must
take priority over environmental concerns and that environment was an elitist concern -- priority
over

environmental

concerns

and

that

environment

was

an

elitist

concern

-- meant only for the rich. In 1982, the first citizens report on themeant only for the rich. In 1982
, the first citizens report on thewhich Agarwalconceptualised and edited, provided the social
rationale for , which Agarwalconceptualised and edited, provided the social rationale
for developing countries to take environmental concerns into account. It resolved thedeveloping
countries to take environmental concerns into account.7
It resolved the environment vs. development debate globally and finally evolved into the concept
of environment vs. development debate globally and finally evolved into the concept
of sustainable development in the Brundtland Commission report.sustainabledevelopment in
the Brundtland Commission report.The interest in sustainability that flourished during that period
was spurred by a series of The interest in sustainability that flourished during that period was
spurred by a series of incidents and discoveries, including the leak of poisonous gas from a
chemical plant atincidents and discoveries, including the leak of poisonous gas from a chemical
7http://brundtlandcommssionreport/sustainabledevelopmentrio+20
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plant at Bhopal, India, the explosion and radioactive release from Chernobyl, Ukraine, the hole
inBhopal, India, the explosion and radioactive release from Chernobyl, Ukraine, the hole in the
Antarctic ozone layer, leaking toxic chemical dumps, such as Love Canal, generalthe Antarctic
ozone layer, leaking toxic chemical dumps, such as Love Canal, general fears about chemical
contamination and conflicts over decreasing natural resources suchfears about chemical
contamination and conflicts over decreasing natural resources such as forests and fisheries.as
forests and fisheries.

PRECAUTIONARY PRINCIPLE
The principles states that the Government and the statutory bodies must takeThe principles states
that the Government and the statutory bodies must take environmental measures to anticipate
prevent and attack the causes of environmental measures to anticipate prevent and attack the
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causes of environmental degradation. In these circumstances the onus of proof is on the

actor or the developer/industrialist to show that his action is environmentally benign.the
developer/industrialist to show that his action is environmentally benign.

POLLUTER PAYS PRINCIPLE

Polluter

Pays

Principle

(PPP)

has

been

developed

by

the

Organisation

of

EconomicPolluter Pays Principle (PPP) has been developed by the Organisation of Economic Co

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operation and Development (OECD) as one of the principles for allocation of Cooperation and D
evelopment (OECD) as one of the principles for allocation of entitlements.

The

principle

basically means that the producer of goods or other itemsentitlements. The principle basically
means that the producer of goods or other items should be responsible for the costs of preventing
or dealing with pollution which theshould be responsible for the costs of preventing or dealing
with pollution which the process causes. This includes environmental costs as well as the direct
costs to property process causes. This includes environmental costs as well as the direct costs to
property or people.PPP finds a prominent place in the Rio Declaration of 1992. Principle 16 of
the Declaration proclaims that national authorities should endeavour to promote theDeclaration p
roclaims that national authorities should endeavour to promote the internalizationof
environmental costs and the use of economic instruments, taking intointernalisation 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, withaccount 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 anddue regard to t
he public interest and without distorting international trade and investment.investment.
As per this principle once the activity carried on any person or industry isAs per this principle
once the activity carried on any person or industry is hazardous or inherently dangerous, the
person carrying on such activity is liable to makehazardous or inherently dangerous, the person
carrying on such activity is liable to make good the loss caused to any other person by his
activity irrespective of the fact whether hegood the loss caused to any other person by his activity

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irrespective of the fact whether he took reasonable care while carrying on his activity.took
reasonable care while carrying on his activity8.

Thus the purpose is to ensure that the developmental activities must be carried on but at the
is to ensure that the developmental activities must be carried on but at the same time if they
adversely affect the environment or the ecology in any manner then thesame time if they
adversely affect the environment or the ecology in any manner then the consequence is the
polluting industries are absolutely liable to compensate for the harmconsequence is the
polluting industries are absolutely liable to compensate for the harm caused by them to people in
the affected area, to the soil and to the underground water caused by them to people in the
affected area, to the soil and to the underground water and hence, they are bound to take all
necessary measures to remove sludge and other and hence, they are bound to take all necessary
measures to remove sludge and other pollutants lying in the affected areas. pollutants lying in
the affected areas.

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MECHANISM FOR ASSESSMENT OF SUSTAINABLEDEVELOPMENT

ENVIRONMENT IMPACT ASSESTMENT
Environment Impact Assessment (EIA) is a technique to ensure that the likely effects of is a
technique to ensure that the likely effects of development activity on the environment will be
taken into consideration before thedevelopment activity on the environment will be taken into
consideration before the development activity is authorised to proceed.development activity is
authorised to proceed.
The aim of this chapter is to present the preparation and outcomes of the Rio+20 Conference in
detail and to complement studies already produced. An overview of the conference, its crucial
objectives and themes will be offered, together with insights on the process. Most of the
information is retrieved from the Rio+20 website and from other official sources, especially
United Nations. Particular attention will be also devoted to the EU position. In addition, we offer
a word cloud analysis of the final draft Rio+20 text, The Future We Want, that was presented
to the heads-of-state (version of 19 June), with the final texts of the Rio declaration 1992 and
Johannesburg Plan of Implementation 2002.
Commonly known as the Rio+20 Conference, the United Nations Conference on Sustainable
Development (UNCSD) took place in Rio de Janeiro between the 20-22 June 2012, twenty years
after the UNCED (United Nations Conference on Environment and Development), which was
also hosted in Rio in 1992. More than 150 heads-of-state and ministers kicked off the Rio+20
Conference9 on 20 June 2012. Important heads-of-state, like Barack Obama (USA), David
Cameron (UK), and Angela Merkel (Germany) as well as dozens of other leaders have snubbed
9http://brundtland report/sustainabledevelopment
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the talks (The Guardian, 20 June 2012, a4 ). The most important heads-of-state were, as the
New York Times put it, preoccupied by domestic politics and the financial turmoil in Europe
(New York Times, 18 June5 ). The Guardian argued that the absence of so many key figures has
dismayed the architects of global sustainability governance (The Guardian, 20 June 2012, a).
Gro Harlem Brundtland, famous for her 1987 WCED report, also pointed out that its not good
and it doesnt look good (ibid.). Apart from a lower number of important heads-of-state
compared to what was expected, widespread disappointment regarding the strategy the
politicians would finally adopt at Rio+20 predominated the start of the mega-conference. The
deal reached by advance negotiators was criticised as too weak to be effective (The Guardian, 20
June 2012, a). For example, Connie Hedegaard, EU climate commissioner, said via twitter that
nobody in that room adopting the text was happy10.

CONCLUSION:10http://www.scribd.com/rio20sustainabledevelopment
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The reason for the low expectations at the beginning of the conference regarding the results of
Rio+20 seemed to be the lack of clear commitments, timetables, financing or means of
monitoring progress. Gro Harlem Brundtland argued that the lack of political commitment may
also be due to the current situation of economic and financial crises: The financial and
economic problems that some countries face dont make it easier for them to agree on things that
they would have agreed before 2008. (The Guardian, 20 June 2012). Jeffrey Sachs, director of
the Earth Institute at Columbia University, also argued that the timing of the conference was
unfortunate in times of debt and budget crises shaking the EU: Europe has been the great leader
of environmental action, but Europe is hardly functioning right now. (New York Times, 18
June). And for President Obama, as argued in the New York Time, it was impossible to go
because he had no financial resources to offer and because he would face substantial criticism at
home for seeming to be more concerned with global problems than domestic issues it is a US
presidential election year after all (ibid.) Nevertheless, Gro Harlem Brundtland predicted that,
like it had been the case in many international negotiations, the final days may produce some
surprises: There are more than 100 leaders coming after all. They are not going to leave with
nothing.
The main three objectives of the Ri+20 Conference were: to secure renewed political
commitment for sustainable development, to assess the progress to date and the remaining gaps
in the implementation of the outcomes of the major summits on sustainable development, and
to address new and emerging challenges. The conference focused mainly on two themes: I. a
green economy in the context of SD and poverty eradication; II. The institutional framework for
SD.

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BIBLIOGRAPHY:Books Used:1. Sustainable Development in India DhirishAdhikharivol.II

2. United Nation Conference on Sustainable Development Brundtland Report
vol.I
Websites Used:1. Scribd.com
2. Preservearticles.com
3. Lawnotes.in

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