Environment Law and Sustainable Development - Research Paper Example

Sustainability Introduction Environmental sustainability, in general, is a complex notion. All the same in the context of development it can be construed to depict progressive growth that transforms a primitive state to a state that provides a significantly improved standard of living to the populace. This change is achieved by means of continuous economic, social and political growth and stability. 1 Nevertheless, some scholars have described environmental sustainability as an increase in per capita utility over time. Such change involves substitution or free exchange between manmade and natural capital. Strictly speaking, improvement in the quality of human life, via raising the standard of living can be understood as sustainable development. Such improvement relates to education, infrastructure development, medical services, income and the consumption level of food. Sustainable development generates economic, political and social institutions and systems that support respect and human dignity. It also enhances services and freedom of choice. 2 The environment constitutes an intricate interacting system. In this system natural resources are transformed into cultural resources, on account of human intervention. These resources and the waste generated from their transformations interact and condition each other, on a perpetual basis. The law is a useful device for promoting rational behavior.3 Consequently, the law has evolved to the extent that it regulates natural resources to some extent. This has culminated in legislation that provides comprehensive regulation of the environment. Thus, environmental law has emerged as a complex body of laws, regulation, treaties and conventions. This system regulates the interaction between nature and humans. These rules attempt to minimize the impact of human activity on the environment, so that ecological equilibrium is not harmed. This aims to promote and preserve human health and sustainable development.4 However, there is considerable uncertainty associated with international environmental law. This is in the context of the normative content of its standards. Several elements bring about this situation; such as the process of enacting international law. This method is in general, founded on the principle of addressing the interests of all the stakeholders. Examples of this are the distribution and management of rights relating to international water courses and the accountability of nations with regard to damage to the environment.5 Furthermore, competing interests and differentiation have a major influence on arriving at environmental standards. Methodology This research aims to investigate the problems associated with environmental sustainability in the international context. The research methodology furnishes details with respect to the measures applied to procure information about the topic, under discussion. The research tools adopted in this work were conceptual. As such, the qualitative approach helps us to understand various issues, in detail, regarding the research topic. To this end, various textbooks, authentic web sites, online libraries, public documents, journals and the extant literature by eminent people in the area of the topic were consulted. Secondary sources have been principally used in this research work; due to the fact that secondary sources provide the latest information regarding developments in any specific field. This work deals with the extant problem of environmental sustainability, which has assumed alarming proportions in the present day world. The existing literature on this topic provides considerable information regarding the various studies conducted, in this area. Various treaties and international agreements were scrutinised in order to assess the problems associated with environmental sustainability at the international level. As such, this work examines the inherent problems, associated with environmental sustainability in the international context. Discussion Since the year 1869, some 300 odd multilateral treaties and formal agreements have been adopted, in the area of environmental protection. Several of these impose substantive obligations on the signatory countries. Moreover, a significantly greater number of bilateral agreements have been entered into, and these vary between agreements relating to the exchange of information and cooperation in research to substantive queries, such as those related to boundary water management. 6 If a country has accepted bilateral or international environmental law obligations, then these must be considered at the time of project design, so as to prevent violation and to facilitate compliance. In the recent past, there has been considerable emphasis on the protection of the ozone layer, as depicted in the 1985 Vienna Convention for the protection of the Ozone layer; and wild life endangered by trade, which was addressed in the 1975 International Trade in Wild Flora and Fauna. 7 The United Nations convened the World Commission on Environment and Development, in the year 1983, in order to address environmental deterioration issues. This Commission published its report ‘Our Common Future’ in the year 1987. The commission was headed by Gro Harlem Brundtland, and its report is known as the Brundtland Report. It was the first report on global sustainability. This report provided extensive knowledge regarding the global environmental crisis. It also made several suggestions to overcome these problems.8 The fundamental objective of the Brundtland Report was to generate public awareness with regard to the use of natural resources and environmental deterioration. It is also focused on the global sustainability due to environmental deterioration. Such deterioration has been identified as the result of a disturbance in the relations between human society and the natural environment. This Report focused on a number of issues, including institutional roles, economic aspects, and ecological factors. Sustainability is a complex issue, and there is an absence of extensive research in this area. The Brundtland Report was successful in motivating a number of countries to enact laws to protect the environment.9 Some of the bodies of the United Nations, which are active in promoting sustainable development and the environment are the World Bank, the UN Industrial Development Organization, the United Nations Development Programme, the International Maritime Organization, the Food and Agriculture Organization, the UN Human Settlements Programme, the International Atomic Energy Agency, and the United Nations Educational, Scientific and Cultural Organization. 10 The business community is engaged in complying with environmental principles by the UN Global Compact. Funds in this context are provided by the Global Environment Facility, which is a joint initiative of the World Bank, United Nations Development Programme, and United Nations Environment Programme. The United Nations General Assembly declared several observances to improve and promote positive action across the globe. This was in response to the realization of the critical importance of sustainability and the environment. 11 Further instances are regulation of the seas, which was considered in the 1982 United Nations Convention on the Law of the sea; and trade in toxic substances, which was addressed by the 1989 Convention on the Control of Trans frontier Movement of Hazardous substances. The latter is better known as the Basel Convention. 12 Moreover, it was stressed in the Brundtland Report that development should satisfy present needs, without compromising the interests of the future generations. This concept finds acceptance at the highest political level. However, the commitment to protect the interests of the future generations has not been accorded much importance from the practical perspective. The existing levels of consumption and production are 25% more than the sustainable carrying capacity of the earth. 13 The Ecological Footprint Sustainability Measure, which is an independent metric that is based on the data provided by the United Nations, states that if the lifestyle of the average denizen of the developed world were to be adopted by all the people of the earth then there would be a need for 2.6 additional planets to support mankind. 14 In the past, environmental issues had been the responsibility of environmental institutions and ministries. These entities had in general, been devoid of any power to prevent environmental destruction resulting from agriculture, industry, urban development, forestry and transportation. In this manner, practices related to the management of the environment were aimed at repairing the damage caused rather than preventing such damage in the first place. Some examples of this are reclaiming desert lands, reforestation, restoring natural habitats and rehabilitating wild lands. 15 All these initiatives focus on rectifying the damage caused to environment. Environmental damage can be prevented only if at the time of making policies related to energy, trade, economy and agriculture, due concern is accorded to environmental protection. This has become the practice in a significant number of countries. It is essential for all the countries to protect the environment. Moreover, it is important to establish development that integrates production with resource conservation and improvement. 16 For example, the undoubted potential of wind energy to reduce carbon emissions is offset by it larger footprint per Gigawatt. Sustainability related regional agenda cannot succeed in the absence of the commitment and active involvement of a number of diverse organizations and groups. One example of such cooperation is provided by the Chicago Wilderness. It has now grown to a regional reserve collaborative initiative that boasts of some 190 odd private and public organizations. These organizations are actively involved in promoting and preserving the green spaces and biodiversity of the region. 17 In the year 1996, some 34 institutions combined forces to form this coalition. These entities were concerned with protecting the land and addressing issues related to the biodiversity. The members of this coalition have collaborated in 240 projects, with significant success. For instance, a regional map was prepared of the protected areas and parks of this region, which works out to a network of 200, 000 acres of ecological primary structure. Furthermore, an Atlas of Biodiversity and Biodiversity Recovery Plan were created for this region. In addition, several collaborations are in progress that relate to the restoration of prairies and wetlands.18 These US sustainability projects demonstrate the capacity of groups to achieve the seemingly impossible, when their common goal is to achieve some commendable objective. A major intervention to achieve local sustainability is to collaborate across county or municipal departmental lines. For instance, the Green Homes initiative of Chicago was the outcome of collaboration between the Environment and Housing departments. In this example, the Environment department was seized with engendering energy efficiency, whereas the Housing department was interested in providing reasonably priced housing. 19 Energy from wind can significantly bring down carbon emissions. In addition, this form of energy can improve economic development and mitigate dependence on energy from fossil based fuels. However, the disadvantage with wind energy is that it requires more open space than the other methods of producing energy. In addition, species that survive in large and connected habitats could be endangered by the development of wind energy.20 This could be addressed by developing wind energy in disturbed lands. Around 5 million hectares of land would be required to produce 241 Gigawatts of electrical power, as per the estimation of the US Department of Energy. This would amount to 20% of the electricity production by the year 2030 in the US. It has been estimated that there is a potential to realize 7,700 Gigawatts of wind energy across the US. Of this some 3, 500 Giga Watts could be obtained from disturbed lands. 21 By concentrating on disturbed lands, wind energy could be produced with minimal damage to the habitat. The largest cumulative producer of greenhouse gases in the world is the US. All the same, societal concerns have resulted in policies that promote a substantial increase in the generation of wind energy. 22 The US Department of Energy aims to meet the electricity needs of the county from wind energy, by the year 2030. This objective has to consider the damage that could be caused to the habitat of wildlife, as wind energy has a substantial terrestrial foot print, in comparison to the majority of other forms of energy production. Nevertheless, wind generation of electricity has emerged as one of the fastest growing sector of renewable energy. 23 Hence, it is essential to obtain energy from renewable sources, rather than fossil fuels. The use of renewable energy reduces the emission of greenhouse gases, which in turn reduces the demand for natural resources. For instance, wind energy leads to reduced carbon dioxide emissions, in addition to mitigating the demand for water required for generating electricity. 24 According to the Department of Energy, wind energy production is eco-friendly and not harmful to wildlife. However, it has been pointed out that the location of wind energy generation plants could threaten birds and bats. Moreover, such plants require a large area, which could result in loss of habitats. Energy conservation can prove to be instrumental in reducing the demand for new energy in the US. This would lead to lesser area of land required for erecting wind energy producing plants. Furthermore, it is important to identify land, in such a manner that the surrounding habitats are not harmed. It would be optimal to erect wind energy plants in disturbed lands, as the impact on wildlife would be minimal.25 Moreover, according to the Brundtland Commission’s Report, sustainable development addresses the needs of the present generation without compromising the ability of the future generations to meet their own needs. There are a number of characteristics to define sustainable development. These include reproduction, balance, linking local to global concerns, and dynamic processes. Sustainable development is a dynamic process that involves the relationship of community with industrial interests.26 A substantial amount of resources have to be allocated towards the development of sustainable energy and the protection of the environment. The extent to which countries would be willing to deploy resources for this purpose is determined by the degree of their commitment towards protecting the environment and the value that they accord to ecosystems. Democracy, justice and human rights are accorded moral and economic values. This has not been extended to ecosystems, which are considered to have nothing more than economic value. 27 Consequently, environmental functions tend to be traded off for other benefits, which have the outcome of substantial loss and degradation. Adequate political will to address the environmental crisis is possible, only if it is conceded that environmental sustainability possesses substantial economic and moral value. In the absence of such recognition, ecosystems could be damaged so severely that the long term survival of mankind could be seriously jeopardized. 28 It has become imperative to devote considerably more attention towards developing environmentally friendly technologies. Breakthroughs in such technologies have a tremendous impact on society. However, it has become apparent that the task of achieving sustainable development is political in nature and not technological. This holds good, even though technology could prove to be pivotal in achieving sustainable development. In this situation, it is political will that holds sway and its absence in overcoming special interests would harm people from the developing world to a major extent. 29 Consequently, during the Earth Summit II, sustainability of the environment and measures to achieve it were discussed. It has been the practice to attribute the depletion of resources and the requirement of energy to population growth or economic choices. The developed world tends to designate population growth in countries like India and China as the principal cause of these problems. On the other hand some entities blame economic policies for the present predicament. Thus, it has been seen that the number of people who can exist on earth varies according to the manner in which resources are consumed. 30 As such, the industrialized and well to do nations find it beneficial to blame the developing countries for the global problems. Specifically the developed world accuses the developing world of promoting policies of development that do not prove to be sustainable for the environment. Undoubtedly, this is an unclear area, and the important issue to be addressed is that there is no discussion regarding the vast quantities of resources that are wasted in the economic system. Such wastage takes place to a significant extent, even in the industrialized world. 31 With regard to the sustainability of the environment it was opined by many that the corporate sector was to be made accountable to a much greater degree. The US has opposed moves to secure increased corporate responsibility. This was pointed out by the Environment News Service, which categorically declared that the US had spared no attempt to outmaneuver efforts to enact international rules that would curb corporate behavior that was harmful to the environment. 32 In fact the US was in favor of employing the existing international agreements relating to the protection of the environment. This move by the US, based on vested interest, was defeated by the other nations, which ensured that the US did not succeed in avoiding a commitment to render its corporate sector liable for environmental crimes. 33 The success achieved by the World Development Movement was not enamored to any significant extent by the overall results of this summit. However, satisfaction was expressed with regard to the move to effectively regulate multinational companies, in the context of activities harmful to the environment. This singular success was the initiative of the developing countries and the NGOs, who braved all odds to overcome the sustained and aggressive opposition of the developed countries. However, a lot more has to be done, if a binding and enforceable agreement is to be reached, in this regard. 34 In addition to the above, the Earth Summit II discussed various other environmental issues. The majority of the parleys culminated in vague agreements to perform some action, and these were characterized by a dismal absence of action plans or specific targets. Businesses and the various nations utilized this summit to merely promise to do something, without actually committing themselves to any concrete course of action or policy. In fact, the sole tangible agreement reached in this summit was the sanitation agreement. Consequently, citizen and development groups deemed this summit to be a fiasco. 35 Several organizations and delegates from the developing world criticized the world system. Such criticism was especially targeted at the agendas and interests of the developed world. In this context, the World Development Movement categorically declared that the summit had failed to benefit the majority of the people of the world. It went on to state that this failure was chiefly due to the EU’s blatant attempt to promote its interests and active obstructionism by the US. 36 The National Environmental Policy Act of 1969 ushered in a national environmental policy in the US. Its express objective was to promote the general welfare, to generate and preserve conditions that would enable nature and humans to exist in productive harmony, and achieve economic, social and other requirements of the present and coming generations. 37 The ever growing demand for purer air, and cleaner land and water induced President Nixon, in the year 1970 to submit a reorganization plan to Congress. This plan envisaged the formation of a US Environmental Protection Agency that was to be autonomous in the executive branch of the federal government. In accordance with this plan, 15 components from 5 departments of the executive branch and independent agencies were to be combined. 38 The Environmental Protection Agency commenced operations in the year 1970 and shouldered responsibility for implementing federal laws designed to protect the environment. In general, the task of the Environmental Protection Agency is to preserve and improve the environment at the national and international levels. 39 This agency endeavors to protect human health and the natural resources on which human activity of every kind is dependent. Conclusions Enjoyment of life, and the health and welfare of humans are crucially dependent on the ecosystems, surrounding humans. Nevertheless, these critical systems are either deliberately or inadvertently harmed by human activity. It is to be realized by all that humans and the natural environment have to survive side by side. If this is not done, then the very survival of the planet could be at stake.40 Consequently, a sustainable relationship has to subsist between humans and the ecosystems. Since many stake holders are involved in the sustainability of the environment, it proves difficult for them to coordinate with each other. In addition, many competing interests are involved in the promoting environmental sustainability, around the world. Although many treaties and agreements were made to contend with this problem, the lack of proper implementation procedures left this issue unresolved. International organizations had established some norms, in order to promote the sustainability of the environment. Creating awareness among the people, regarding the danger inherent in deviating from these norms, is an important technique for furthering such sustainability. It is the duty of the countries of the world to implement environmental regulations strictly, if sustainability is to be achieved. All said and done, in the absence of a sustainable environment mankind cannot survive in this world. Bibliography Brundtland Report: Our common future, retrieved 11 December 2011, < http://sustainablecities.dk/en/actions/a-paradigm-in-progress/brundtland-report-our-common-future>. Conroy, MM & T Beatley, ‘Getting it done: An exploration of US sustainability efforts in practice’, Planning Practice & Research, vol. 22, no. 1, 2011, pp. 25 – 40. Ekins, P, ‘Environmental sustainability: From environmental valuation to the sustainability gap’, Progress in Physical Geography, vol. 35, no. 5, 2011, pp. 629 – 651. Environment, retrieved 12 December 2011, . Environmental Sustainability: Perspectives on the World, retrieved 12 December 2011, . Fitzmaurice, M, Contemporary issues in international environmental law, Edward Elgar Publishing, 2009. 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