Sustainable Development & International Environmental Law PDF

Sustainable Development & Principles of International Environmental Law  1 Different definitions of Sustainable Sustainable Development 2 Challenges to Sustainable Development Development 3 Economic globalization and Sustainable Develop...

Sustainable Development & Principles of International Environmental Law  1 Different definitions of Sustainable Sustainable Development 2 Challenges to Sustainable Development Development 3 Economic globalization and Sustainable Development Different Definitions of Sustainable Development Sustainable development was first coined during the World Commission on Environment and Development (WCED) in 1987. Sustainable development was defined as the “development that can meet the needs of the present generation without compromising the ability of future generations to meet their own needs” (WCED, 1987). Different Definitions of Sustainable Development “Sustainable development means considering the costs and benefits of developmental and environmental policies. It also signifies focusing on meticulous economic analysis in order to reinforce environmental protection.” (World Bank, 1992) “Sustainable economic development is about improving the poor people’s standard of living, in terms of enhanced food sources, increased real income, education, health services, water supply, and sanitation. It is only indirectly concerned with cumulative economic growth.” (Edward Barbier, 1987). Different Definitions of Sustainable Development In 1987, IUCN, WWF, and ENEP expressed that, “Sustainable Development is about the conservation of ecological processes, the safeguarding of genetic diversity, and the balanced utilization of species and ecosystems.” Challenges of Some of these key challenges include the following issues: 1 War and Instability Sustainable 2 Suitability and Development Availability 3 Governmental Issues Sustainable development can benefit the entire 4 Poverty and Employment world's population and contribute to future 5 Population Growth generations' security, but it is not without challenges. If we want to build a better future, we must overcome a variety of challenges. War and Suitability and Instability Availability War and instability hinder sustainable The ability of a nation to carry out development by destroying infrastructure, sustainable development programs in their displacing people, disrupting education and nation is another problem. It is usual for healthcare, harming the environment, industrialized countries to advise weakening governance, and leading to developing countries that the processes humanitarian crises. To address these they employ in their own nations should be challenges, it's essential to prioritize sustainable and future-proof, but this begs peacebuilding, conflict resolution, and the question of whether this is first and humanitarian assistance, as sustainable foremost realistic. Due to this, emerging development thrives in a stable and secure nations are dependent on aid and support environment. from the developed world to help them cut down on their debt to unsustainable businesses. Governmental Poverty and Issues Unemployment Other concerns center on the efforts that Sustainable development aims to end governments might want to support and poverty, but it requires addressing various their level of commitment to sustainable factors that fuel it. Economic opportunities development. Although not always, most and inequities, such as treatment governments support efforts to address differences between nations, contribute to climate change and other related poverty. Industrialized countries often have challenges. Some political movements better financial conditions than choose to disregard environmental underdeveloped ones, making it difficult to concerns and sustainable development achieve this goal. objectives in favor of focusing on the immediate needs of their nation or populace. Population Growth Population growth poses a significant challenge for sustainable development, as it pressures resources like food, water, and energy, leading to scarcity. It also impacts the environment, causing climate change and wildlife loss. Cities may face overcrowding, inequality, and difficulty in providing education and healthcare. Balancing population growth with the planet's limits is crucial for ensuring everyone has a good life now and in the future. Economic Globalization Basic Economics Economics is a social science or branch of study that deals with the production, distribution, and consumption of products, goods, and services It concerns the limited resources to reach the maximum satisfaction of every individual’s needs and wants Economics is the study of scarcity; and the study of choices Scarcity an event or phenomenon on which the limited resources are continually being utilized for every individual's unlimited needs and wants Macro-economics branch of economics that deals with the economy as a whole Micro-economics branch of economics that deals with individual or sm all econom ic entities  1 Scarcity the limited resources are being 5 Key utilized 2 Choices Economic 3 Trade Off situational decision that involves diminishing or losing one quality, quantity, or Assumptions property of a set or design in return for gains in other aspects 4 Marginal Analysis additional value of benefits and costs 5 Life Situation can be easily analyzed through simple graphs Economic Globalization | Sustainable Development  1 Land 4 Factors natural resources 2 Capital of equipment, tools, etc. Production 3 Labor human resource/ activity 4 Entrepreneur Entrepreneur business ideas and operations Economic Globalization | Sustainable Development  Centrally Planned Economic System An economic system where the government solely owns and controls the distribution and production of the natural resources in its jurisdiction 3 Economic System Economic Globalization | Sustainable Development  Free Market Economic System 3 Economic An economic system where the private or business entities own and control the distribution and production of the natural resources System The government can not interfere with the resources owned by the private or business entities Mixed Economic System An economic system where the government owns the resources within its jurisdiction and the private or business entities can also acquire these resources through compensation Economic Globalization | Sustainable Development  Economic globalization is an economic system where both the government and private businesses have access to Economic resources within a country, with private entities acquiring these resources through compensation. However, this Globalization definition, as outlined by Benczes in 2014, is limited in its scope, primarily focusing on quantitative changes rather than qualitative transformations. A System of Resource Ownership and Economic globalization goes beyond Integration merely expanding economic activities like production and trade; it involves creating functional integration among these activities across borders. Economic Globalization | Sustainable Development Economic International Trade Globalization Foreign Direct Capital Market Investment Flows Elements of Economic Globalization (Stiglitz, 2003) Diffusion of Migration Technology Economic Globalization | Sustainable Development Principles of International Environmental Law Introduction International Environmental Law is a branch of public international law compromising of those substantive, procedural, and institutional rules that have as their primary objective the protection of the environment. The term "environment" comes from the ancient French word "environner," which means "to encircle." Webster's Dictionary provides a broad description of the environment, which reflects the original French term: "the circumstances, objects, or conditions by which one is surrounded." The term “environment” encompasses both the creatures and products of the natural world and those of human civilization (Sands & Philippe, 2023).  A few decades ago, public international law was not concerned with environmental protection, and there was no such thing as "international environmental law" as a separate branch of international law. There was no discussion of this topic in any international law textbook, and it was even more difficult to find/locate any works in academic journals. Thus, in the aftermath of World War II, much attention was paid to the protection of human rights, and while environmental problems began to emerge in the 1960s, it was not until the 1972 UN Conference on the Human Environment (commonly known as the Stockholm Declaration) that the international community began to pay attention to environmental issues. The Stockholm Conference on the Human Environment was a turning point in the history of International Environmental Law (IEL), laying the framework for numerous subsequent advances. International Environmental Law has also seen the creation of some new principles and/or conspectus that have had a significant impact on field advancements. The comparatively "old" principles Meanwhile, the recent origin include the following: principles/concepts include the following: Good Neighborliness Sustainable Development Notification and Assistance in the The Precautionary Principle event of transboundary environmental The Polluter Pays Principle harm The common Concern of Mankind Prior Consultation and Negotiation The Common but Differentiated Humanity's Common Heritage Responsibility Principle Providing Redress if harm occurs to Global Partnership other states. The Intergenerational Equity Principle Environmental Impact Assessment and Procedural Rights  1 Principle of Good Neighborliness 2 Precautionary Approach/Principle Essential 3 Polluter Pays Principle 4 Principle of Sustainable Environmenta Development 5 Environmental Impact Assessment l Principles Principle 6 Principle of Intergenerational Equity 7 Principle of Common but Different Responsibility 8 Principle of Non-discrimination Principle of Good Neighborliness 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 jurisdiction or control do not cause damage to the environment of other states or areas beyond the limits of national jurisdiction. (1972 Stockholm Declaration on the Human Environment, Principle 21) The need to preserve fair relations and provide support, cooperation, and assistance to neighboring states leads states to encourage good neighborliness in their interactions with one another. Those between neighboring countries are the first rules to be found in international law. (Deaconu, 2005) Precautionary Approach/Principle When there is a lack of full scientific certainty in establishing a causal link between human activity and environmental effect, the court shall apply the precautionary principle in resolving the case before it (1992 Rio Declaration on Environment and Development, Principle 15) Polluter Pays Principle National authorities should endeavor to promote the internalization 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 (1992 Rio Declaration on Environment and Development, Principle 16) Principle of Sustainable Development It is development that means that meets the needs of the present without compromising the ability of the future generations to meet their own needs (Our Common Future, UN Document A/42/427) This principle is commonly interpreted as the principle of integrating between ecological and economic issues. It is based on the understanding that the objectives of environmental prosecution and economic progress are interrelated and that one cannot be achieved without the other. Environmental Impact Assessment Principle Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority (1992 Rio Declaration on Environment and Development, Principle 17) 'to identify and anticipate the impact of legislative proposals, policies, programs, projects, and operational procedures on the environment and man's well-being and health, and to evaluate and disseminate information about the impacts.' (Munn, 1979) Principle of Intergenerational Equity Man bears a solemn responsibility to protect and improve the environment for present and future generations (1972 Stockholm Declaration on the Human Environment, Principle 1) Minors Oposa v Secretary of the Department of Environmental and Natural Resources. Principle of Common but Different Responsibility Because developed states have contributed disproportionately to global environmental degradation, and because they command greater financial and technological resources, those states have a special responsibility in shouldering the burden of pursuing global sustainable development (Sarmiento, 2009) All states must share responsibility for environmental protection. However, the proportion of contribution cannot be equal. It has to be varied since not all countries have the same capacity to protect the environment. Principle of Non- discrimination Each state should ensure that its regime of environmental protection when addressing pollution origination within the state, does not discriminate between pollution affecting the state and pollution affecting other states (Sarmiento, 2009) Thank you for listening Sustainable Development & Principles of International Environmental Law