ENVIRONMENT LAW UNIT 2 NOTES:
CONCEPT OF SUSTAINABLE DEVELOPMENT
1. Introduction
Sustainable development (SD) balances economic growth, social equity, and
environmental protection.
The concept evolved in the 1970s and 1980s to address ecological constraints,
resource redistribution, and intergenerational equity.
It is based on the Triple Bottom Line: Environmental, Social, and Economic
Sustainability.
2. Development and Sustainability
Development refers to economic growth, social progress, and political stability.
Traditional theories view development as economic transformation (agriculture →
industry).
Modern theories emphasize human capital, technology, and sustainability.
Sustainability means ensuring long-term resource availability without degrading
ecosystems.
3. History of Sustainable Development
Key Milestones:
1969: UN Report Man and His Environment (global environmental concerns).
1972: Stockholm Conference (first global effort on environment and development).
1987: Brundtland Report - Defined SD as:
o “Development that meets the needs of the present without compromising
future generations.”
1992: Rio Earth Summit - Introduced Agenda 21 (blueprint for sustainable practices).
1997: Kyoto Protocol (commitment to reducing greenhouse gases).
2000: Millennium Development Goals (MDGs) (poverty reduction, education, etc.).
2015: Sustainable Development Goals (SDGs) (17 global goals for 2030).
Among the various activities, three key events set the fundaments and principles of
sustainable development. According to them, the history of the concept of sustain able
development is divided into three periods.
The first period covers the period from economic theories, where certain theorists (Smith,
Marx, Malthus, Ricardo and Mill mentioned above) recognized the boundaries of
development and environmental requirements, through the activities of the Roman Club,
which warned on the negative consequences of economic development, to the First United
Nations Conference on the Human Environment held in Stockholm in 1972.
This conference marked the introduction of the concept of sustain able development,
and although it did not fully associate environmental problems with development, it
stressed the need for changes in economic development policy. In the report published
after the conference, the necessity of balance between economic development and
environment was proclaimed and 28 principles were set aimed to preserve
environment and reduce poverty.
The years after the Stockholm conference represents the second period of the concept of
sustainable development.
Key Events & Milestones
1. Post-Stockholm Era (1972 onward): Terms like "development without destruction"
gained traction, emphasizing the integration of development and environmental
protection.
2. 1978 UNEP Edition: Introduced the term eco-development.
3. 1980 IUCN: Linked economics with environmental conservation, setting the stage for
the concept of sustainable development.
4. 1983 WCED: The United Nations established the World Commission on
Environment and Development to address global environmental issues.
5. 1987 Brundtland Report: Published by WCED, introduced a comprehensive
definition of sustainable development as:
o Development that meets the needs of the present without compromising future
generations' ability to meet their needs.
Key Contributions of the Brundtland Report
Highlighted global challenges such as poverty, population growth, environmental
degradation, and the need for balance between economic development and
environmental sustainability.
Defined sustainable development principles: meeting human needs while adhering to
environmental constraints.
Advocated for:
o Controlled and renewable resource use.
o Environmental protection and international cooperation.
o Technological innovations to reduce environmental harm.
o Raising ecological awareness and improving global living standards.
Impact
Marked a shift in global policy by establishing sustainable development as a
cornerstone for environmental management.
Became a widely accepted framework for tackling socio-economic and environmental
challenges.
The third period - after Brundtland Period, continuing from the Brundtland era, this
period includes significant advancements in sustainable development efforts, starting with the
1992 Earth Summit in Rio de Janeiro:
Focused on creating a global framework to address environmental degradation and
promote sustainable development.
Included participation from 178 countries, governmental and non-governmental
organizations, and was widely broadcast worldwide.
Rio Conference Significance:
o Marked the 20th anniversary of the Stockholm conference.
o Aimed to address growing environmental degradation due to neglected
integration of environmental concerns into economic decisions.
o Involved 178 countries and numerous organizations.
o Generated widespread media coverage, highlighting its importance.
Key Outcomes of the Rio Conference:
o Rio Declaration on Environment and Development:
Outlines 27 principles of sustainable development.
Balances socio-economic development with environmental protection.
Emphasizes human-centered development, environmental
responsibility, and international cooperation.
Addresses pollution costs, poverty eradication, and the role of
developed nations.
o Agenda 21:
A comprehensive global action plan for sustainable development.
Provides guidelines for socio-economic development aligned with
environmental conservation.
Stresses international cooperation, government leadership, and
stakeholder participation.
Prioritizes poverty reduction, resource preservation, health, gender
equality, and sustainable consumption.
Highlights the importance of environmental education.
o Other Documents:
Non-legally binding authoritative statement of principles for a global
consensus on the management, conservation and sustainable
development of all types of forests.
Climate Change Convention.
Convention on Biological Diversity.
Core Elements and Principles of Sustainable Development:
o Identified from the Rio documents:
Development aligned with ecological constraints.
Redistribution of resources to meet basic needs.
Intergenerational equity.
o Core principles include:
Meeting present and future needs.
Improving quality of life and equality.
Protecting the environment and biodiversity.
Rational resource use.
Sustainable consumption and production.
Renewable energy and technology.
International cooperation.
Institutional frameworks.
o The text notes the connection of these three core elements to the Maslowian
portfolio theory.
The period following the Brundtland Report, exemplified by the 1992 Rio Earth Summit,
marked a crucial phase in the global pursuit of sustainable development. The Rio Conference
addressed the growing environmental crisis by establishing key documents like the Rio
Declaration and Agenda 21. These documents defined the core principles of sustainable
development, emphasizing the balance between economic growth and environmental
protection, the importance of meeting basic human needs, and the responsibility to future
generations. The conference highlighted the need for international cooperation, government
leadership, and the participation of all stakeholders in achieving a sustainable future. The
three core concepts of sustainable development that were derived from the Rio documents
are: 1. Socio economic development within ecological limitations, 2. The redistribution of
resources to meet the needs of all, and 3. Intergenerational equity.
4. Principles of Sustainable Development
1. Environmental and Economic Integration
2. Biological Diversity and Natural Resource Conservation
3. Precaution, Prevention, and Evaluation
4. Cooperation and Global Partnerships
5. Education, Awareness, and Capacity Building
5. Contemporary Challenges of SD
Weak vs. Strong Sustainability:
o Weak Sustainability: Natural resources can be replaced by technology.
o Strong Sustainability: Some natural resources are irreplaceable.
Economic growth vs. Environmental protection (conflict between short-term
profits and long-term sustainability).
Climate Change (rising temperatures, extreme weather, habitat destruction).
Resource Depletion (overconsumption, pollution, biodiversity loss).
Inequality (gap between developed and developing nations).
Globalization (creates economic opportunities but increases ecological footprint).
6. Sustainable Development Goals (SDGs)
Established in 2015 by the UN to address economic, social, and environmental issues.
Key Goals:
1. No Poverty
2. Zero Hunger
3. Good Health & Well-being
4. Quality Education
5. Gender Equality
6. Clean Water & Sanitation
7. Affordable & Clean Energy
8. Decent Work & Economic Growth
9. Industry, Innovation & Infrastructure
10. Reduced Inequalities
11. Sustainable Cities & Communities
12. Responsible Consumption & Production
13. Climate Action
14. Life Below Water
15. Life on Land
16. Peace, Justice & Strong Institutions
17. Partnerships for the Goals
7. Conclusion
Sustainable development remains challenging but essential.
Requires global cooperation, policy changes, and technological innovation.
Future efforts should focus on strong sustainability, equity, and climate resilience.
THE EVOLUTION OF INTERNATIONAL ENVIRONMENTAL LAW
1. Introduction
International Environmental Law (IEL) has evolved rapidly in response to increasing
environmental risks.
Before 1972: Few multilateral agreements, minimal environmental legislation.
By 2011: Hundreds of agreements, all countries have environmental laws.
IEL is now linked to economic development, human rights, trade, and national
security.
The evolution of IEL can be divided into three periods:
1. 1900-1972: Early agreements on shared resources.
2. 1972-1992: Establishment of fundamental environmental legal frameworks.
3. 1992-2012: Expansion, maturation, and linkage with other legal fields.
2. From 1900-1972:
Initial focus on sovereignty over natural resources within a nation's territory.
Early agreements mainly covered boundary waters, navigation, and fishing rights.
Notable agreements:
o 1909 U.S.-Canada Boundary Waters Treaty (first to address pollution).
o 1916 Migratory Birds Treaty (U.S.-Canada).
o 1940 Washington Convention on Nature Protection.
o 1946 International Convention for the Regulation of Whaling.
Key legal cases:
1. Trail Smelter Arbitration (United States v. Canada, 1941) – The "No Harm"
Principle
Background
This case arose due to transboundary air pollution caused by a smelting plant in
Trail, British Columbia, Canada, which released sulfur dioxide (SO₂) emissions
into the air.
The emissions crossed the border into the United States (Washington State) and
caused damage to crops, forests, and property.
The U.S. government filed a complaint against Canada, seeking compensation for the
environmental harm.
Key Legal Issues
1. Transboundary Pollution: Whether a country can be held responsible for
environmental damage caused by activities within its territory but affecting
another country.
2. State Responsibility: Whether Canada had a legal obligation to prevent harm to
U.S. territory.
Ruling & Significance
The tribunal ruled that Canada was responsible for the damage and had a duty
to prevent future harm.
This established the "No Harm" Principle in international law:
o A state cannot use its territory in a way that causes environmental
harm to another state.
This principle became a foundation of international environmental law and
was later reaffirmed in:
o Stockholm Declaration (1972), Principle 21
o Rio Declaration (1992), Principle 2
o International Court of Justice (ICJ) cases on transboundary
environmental harm
2. Lake Lanoux Arbitration (France v. Spain, 1957) – Prior Notification & Consultation
Background
The dispute involved water use in the Pyrenees Mountains, where France
wanted to divert water from Lake Lanoux for hydroelectric power production.
Spain opposed the project, arguing that it could reduce water flow into Spain
and affect its agricultural and economic interests.
Key Legal Issues
1. Sovereignty vs. Shared Resources: Could France proceed with the project
without Spain’s consent?
2. Obligation to Consult: Was France required to notify and consult with Spain
before carrying out the project?
Ruling & Significance
The arbitration tribunal ruled in favor of France, stating that:
o A state has the right to use resources within its territory as long as it does
not cause significant harm to another state.
o However, the state must notify, consult, and negotiate in good faith
with affected neighboring states.
This established a key procedural principle in international law:
o States must engage in prior notification, consultation, and negotiations
before taking actions that could impact shared resources or other
states.
This principle has influenced later agreements, including:
o Convention on the Law of the Non-Navigational Uses of International
Watercourses (1997)
o International Court of Justice (ICJ) cases on shared water resources
3. From 1972-1992: Development of Basic Framework
3.1 1972: United Nations Stockholm Conference
First major international meeting on environmental issues.
Stockholm Declaration (Principle 21):
o States have the right to exploit their resources but must prevent environmental
harm to others.
UN Environment Programme (UNEP) was established in Nairobi, Kenya.
Recognized the conflict between economic development and environmental
protection.
3.2 After the Stockholm Conference
Over 1100 international environmental agreements were created by 1992.
Key agreements:
o 1972 Convention on Marine Pollution by Dumping of Wastes.
o 1973 Convention on International Trade in Endangered Species (CITES).
o 1982 United Nations Convention on the Law of the Sea (UNCLOS).
o 1985 Vienna Convention for the Protection of the Ozone Layer.
o 1987 Montreal Protocol (Ozone Protection).
New treaty structure:
o Framework agreements with protocols (e.g., climate change, air pollution).
4. From 1992-2012: Maturation and Linkage
4.1 1992: United Nations Rio Conference on Environment and Development
Confirmed Sustainable Development as a guiding principle (Brundtland Report,
1987).
Produced four major documents:
1. Rio Declaration on Environment and Development (expanded Stockholm
principles).
2. UN Framework Convention on Climate Change (UNFCCC) (led to Kyoto
Protocol).
3. Convention on Biological Diversity (CBD).
4. Agenda 21 (detailed sustainable development action plan).
Strengthened NGO and private sector participation in environmental law.
4.2 After the Rio Conference
Key trends:
o Stronger links between environmental law and trade, human rights,
national security.
o More focus on implementation and compliance rather than just new
agreements.
5. Key Themes in Post-1992 Environmental Law
5.1 Linkages with Other Areas of Law
Economic Law (Trade & Investment):
o WTO disputes over environmental protection vs. free trade.
o NAFTA (1994): Gave precedence to environmental agreements over trade
rules.
Human Rights and Environment:
o Right to a healthy environment recognized in African and American human
rights treaties.
o ICJ (2010): Environmental impact assessments are now a legal obligation.
National Security and Environment:
o Water scarcity and climate change are now security concerns.
o Environmental protection during warfare (ICJ nuclear weapons case, 1996).
5.2 Role of Non-State Actors
Multilateral Development Banks (World Bank, IMF, ADB):
o Implement environmental safeguards in development projects.
Private Sector Initiatives:
o ISO 14000 standards, Forest Stewardship Council, Equator Principles.
o Public-private partnerships for sustainable development.
NGOs & Civil Society:
o Key role in treaty negotiations, compliance monitoring, and legal actions.
5.3 New Legal Principles and Obligations
Common but Differentiated Responsibilities (CBDR):
o Recognized in climate negotiations (Kyoto Protocol, Paris Agreement).
Polluter Pays Principle:
o Encourages internalization of environmental costs.
Precautionary Principle:
o Regulations should prevent harm even if full scientific certainty is
lacking.
Intergenerational Equity:
o Future generations have a right to a healthy environment.
6. Conclusion
IEL has shifted from policy creation to enforcement and compliance.
Increasing reliance on private sector, NGOs, and trade mechanisms.
Future challenges:
o Strengthening climate commitments.
o Managing biodiversity loss and resource scarcity.
o Improving treaty compliance and enforcement mechanisms.
AGENDA 21 AND RIO +20
1. Introduction to the Rio Earth Summit (1992)
Official name: UN Conference on Environment and Development (UNCED), held
in Rio de Janeiro, Brazil (1992).
Historic importance:
o First global summit where 172 countries, including 108 heads of states,
gathered to discuss environmental challenges.
o Symbolized international cooperation on sustainable development.
o Marked a shift from Cold War tensions to global environmental unity.
Key Outcomes of the Rio Summit (1992):
1. Agenda 21 – A comprehensive global action plan for sustainable
development.
2. Rio Declaration on Environment and Development – A set of 27 principles
guiding environmental policies.
3. Statement of Forest Principles – Guidelines for sustainable management of
forests.
4. United Nations Framework Convention on Climate Change (UNFCCC) –
Led to the Kyoto Protocol and Paris Agreement.
5. United Nations Convention on Biological Diversity (UNCBD) – Focused on
biodiversity conservation.
2. Understanding Agenda 21
What is Agenda 21?
o Adopted on 14 June 1992 at the Earth Summit.
o A non-binding but influential global plan for sustainable development.
o Designed to guide national policies, development agencies, and UN
organizations in addressing environmental and economic issues.
Objective:
o To balance economic growth, social equity, and environmental protection
for present and future generations.
Agenda 21’s Four Sections:
1. Social and Economic Dimensions – Addressing poverty, health, trade, and
consumption patterns.
2. Conservation and Management of Resources – Sustainable use of air, land,
water, biodiversity, and energy.
3. Strengthening the Role of Major Groups – Engaging women, youth,
NGOs, businesses, and indigenous communities.
4. Means of Implementation – Enhancing financial resources, technology
transfer, science, education, and legal frameworks.
3. Major Principles of Agenda 21 (Key Rio Principles)
Principle Key Idea
Humans have a right to a healthy and productive life in harmony with
Principle 1
nature.
State sovereignty over natural resources, but must prevent environmental
Principle 2
harm to others.
Right to development must balance economic and environmental needs of
Principle 3
present and future generations.
Principle Key Idea
Principle 4 Environmental protection should be integrated into economic development.
Principle 5 Eradicating poverty is crucial for sustainable development.
Principle 6 Special consideration for developing nations and vulnerable communities.
Common but Differentiated Responsibilities (CBDR) – Developed nations
Principle 7
must take more responsibility.
Principle 8 Shift towards sustainable consumption and production patterns.
Principle 9 Enhance scientific research and technology sharing.
Principle 10 Public participation in environmental decision-making is essential.
Principle 11 Nations should implement strong environmental legislation.
Principle 12 Environmental trade measures should not be discriminatory.
Principle 13 Develop liability and compensation laws for environmental damage.
Principle 14 Prevent transfer of harmful substances and activities to other nations.
Precautionary Principle – Act on environmental risks even without full
Principle 15
scientific certainty.
Polluter Pays Principle – Those responsible for pollution must cover its
Principle 16
costs.
Principle 17 Environmental Impact Assessments (EIA) should be mandatory for major
Principle Key Idea
projects.
Principle 18-
Early notification and consultation on environmental disasters.
19
Principle 20- Empower women, youth, and indigenous communities in environmental
22 management.
Principle 23-
Protect natural resources during war and conflicts.
24
Principle 25-
Promote peace, cooperation, and global legal frameworks for sustainability.
27
4. Rio+20 Summit (2012) – A Review of Progress
Why was Rio+20 held?
o Marked 20 years since the Rio Earth Summit (1992).
o Aimed to evaluate progress and gaps in achieving sustainable development
goals.
o Organized by the United Nations in Rio de Janeiro, Brazil (2012).
Key Objectives of Rio+20:
o Assess progress since 1992 and identify implementation gaps.
o Strengthen global commitments to sustainable development.
o Introduce innovative policies and mechanisms for environmental
governance.
Two Core Themes of Rio+20:
o Green Economy for Sustainable Development & Poverty Eradication –
Encouraging low-carbon and resource-efficient economies.
o Institutional Framework for Sustainable Development – Strengthening
global cooperation and governance.
5. India’s Position at Rio+20
India supported a non-binding approach to sustainable development.
Called for resource mobilization and technology transfer from developed nations
to developing countries.
India’s key demands at Rio+20:
o Transfer of Green Technologies from developed nations at concessional
rates.
o Early implementation of the Nagoya Protocol (on genetic resource sharing).
o Establishment of a Sustainable Development Fund to aid developing
countries.
o Adequate financial support for developing nations to meet sustainability
goals.
6. Challenges in Implementing Agenda 21 & Rio Commitments
Gap between policy and implementation
o Many commitments made in Agenda 21 and Rio+20 have not been
effectively implemented.
o Over 500 international environmental agreements exist, but many lack
enforcement.
Challenges in Environmental Impact Assessments (EIA)
o Principle 17 of the Rio Declaration (1992) mandated EIA for development
projects.
o By 1998, over 100 countries had EIA laws, but enforcement remains weak.
o Issues in public participation, technical expertise, and compliance
monitoring.
Lack of funding & resources
o Developing nations require financial and technological assistance to
implement sustainability goals.
Rise in international commitments, but slow national progress
o Many sustainability targets remain unmet due to political, economic, and
governance constraints.
7. Conclusion – The Future of Sustainable Development
While Agenda 21 and Rio+20 laid a strong foundation, their impact has been limited
by weak enforcement.
Key lessons from Rio+20:
o Need for faster implementation of sustainability policies.
o More funding and technology transfer to developing nations.
o Strengthening public participation and environmental governance.
Sustainable Development Goals (SDGs) 2030
o Rio+20 directly influenced the UN Sustainable Development Goals (SDGs)
(2015-2030).
o 17 SDGs now serve as a global roadmap for sustainable development.
Points to Remember:
Agenda 21 & Rio Declaration (1992) laid the foundation for sustainable development.
Rio+20 (2012) reviewed progress and identified gaps.
Key challenges include lack of enforcement, funding, and technology transfer.
Principles like CBDR, Polluter Pays, and Precautionary Principle are crucial for
environmental law.
India emphasized resource mobilization and fair technology sharing at Rio+20.
UNITED NATIONS CONFERENCE ON THE HUMAN ENVIRONMENT
(STOCKHOLM 1972)
1. Introduction to the Stockholm Conference (1972)
First major global conference focusing on environmental issues.
Held in Stockholm, Sweden, from 5-16 June 1972.
Organized by the United Nations Environment Programme (UNEP).
Aimed to address the growing concerns about environmental degradation.
Significance: Marked the beginning of international environmental law and
policy.
Key Objectives:
1. Establish a global framework for environmental protection.
2. Promote international cooperation on environmental issues.
3. Recognize the link between environment and economic development.
4. Develop principles guiding sustainable development.
2. Major Outcomes of the Stockholm Conference
The conference resulted in three major outcomes:
1. Stockholm Declaration on the Human Environment (26 Principles)
2. Action Plan for the Human Environment (109 recommendations).
3. Creation of UNEP (United Nations Environment Programme).
3. Stockholm Declaration (Key Principles)
Recognized that humans are responsible for protecting the environment.
Established guidelines for sustainable development and environmental protection.
Key Principles:
Principle Key Idea
Principle 1 Humans have the fundamental right to live in a healthy environment.
Principle 2 Natural resources must be protected for present and future generations.
Principle 3 Renewable resources must be maintained, restored, and improved.
Principle 4 Special responsibility to protect wildlife and habitats.
Principle 5 Non-renewable resources must be used wisely to prevent depletion.
Principle 6 Pollution and toxic waste must be controlled to prevent irreversible harm.
Principle 7 States must prevent marine pollution to protect human and marine life.
Principle 8 Economic and social development must promote environmental well-being.
Environmental issues in developing countries require financial and
Principle 9
technological assistance.
Principle Stable commodity prices and fair trade policies support environmental
10 management.
Environmental policies should not restrict economic growth in developing
Principle 11
nations.
Principle Resources should be made available to help developing countries protect the
Principle Key Idea
12 environment.
Principle
States should adopt integrated environmental planning.
13
Principle
Rational planning is essential for balancing development and environment.
14
Principle
Urbanization must be managed to prevent negative environmental impacts.
15
Principle
Population policies must balance human rights and environmental concerns.
16
Principle
Countries must establish institutions to manage environmental resources.
17
Principle
Science and technology should be used to solve environmental problems.
18
Principle Environmental education and awareness are necessary for long-term
19 protection.
Principle
Scientific research and free exchange of knowledge should be encouraged.
20
Principle State sovereignty over natural resources, but responsibility to prevent cross-
21 border harm.
Principle Key Idea
Principle Develop international laws for liability and compensation for environmental
22 damage.
Principle Environmental policies should consider economic and social realities of each
23 country.
Principle
International cooperation is necessary to solve global environmental issues.
24
Principle International organizations must play an active role in environmental
25 protection.
Principle
Nations must eliminate nuclear weapons to protect the environment.
26
4. Action Plan for the Human Environment
The conference adopted 109 recommendations for environmental protection.
Three key areas of action:
1. Global Environmental Assessment – Monitoring pollution and climate
changes.
2. Environmental Management – Policies for sustainable development.
3. Supporting Measures – International cooperation, finance, and education.
5. Establishment of UNEP (United Nations Environment Programme)
One of the biggest achievements of the Stockholm Conference.
Role of UNEP:
o Coordinates global environmental policies.
o Monitors climate change, biodiversity, and pollution.
o Assists developing nations in environmental management.
o Played a key role in later agreements like the Montreal Protocol (1987) and
Paris Agreement (2015).
6. Stockholm Conference & Developing Countries
Developing nations emphasized:
o Poverty and underdevelopment as key environmental issues.
o Need for financial & technological support from industrialized countries.
o Balancing economic growth and environmental protection.
7. Challenges in Implementing Stockholm Principles
Lack of binding commitments – The declaration was non-binding.
Conflicts between economic growth and environmental protection.
Developing vs. developed country divide – Disagreements over financial &
technology transfers.
8. Legacy of the Stockholm Conference
First global initiative that recognized the environment as a global issue.
Inspired later summits:
o Brundtland Report (1987) – Introduced sustainable development.
o Rio Earth Summit (1992) – Led to Agenda 21 and UNFCCC.
o Kyoto Protocol (1997) – Addressed climate change.
o Rio+20 (2012) – Evaluated progress and set new goals.
o Paris Agreement (2015) – Focused on climate action.
9. Conclusion – The Future of Environmental Governance
The Stockholm Conference was a turning point in environmental diplomacy.
Emphasized international cooperation and the role of states, organizations, and
individuals.
Provided guiding principles that shaped modern international environmental law.
Current challenges: Climate change, biodiversity loss, pollution, and lack of
enforcement.
Points to Remember:
Stockholm 1972 was the first global environmental summit.
Led to UNEP and established 26 key principles for sustainable development.
Recognized the need for international cooperation and financial aid to developing
countries.
Inspired later summits (Rio 1992, Kyoto 1997, Paris 2015).
Stockholm Principles still guide modern environmental policies.