How Do We Get Sustainable Environmental Development Politics

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March 10, 2020
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How Do We Get Sustainable Environmental Development Politics

How Do We Get Sustainable Environmental Development Politics

The basic object of entire ecosystem on earth is survival and reproduction whether human beings or animal species or trees. But is it all to reproduce or to give them life also. Today the situation of environment is getting worse and worse. Environmental degradation, global warming, scarcity of natural resources are evidently showing the signs concern.

But who is responsible for this degradation? Whose responsibility is to improve this condition? Does it relates to individual nation states or is it a common concern for entire globe and what steps can be taken for leading the world to a sustainable development. In this paper we will try to give answer to these questions.

SUSTAINABLE DEVELOPMENT:

We all human beings present in any city- state- nation- continent on earth have a right of life and this right is unanimously accepted by all the nation states in the world. But what about this right to life of those who are not present on this earth, who are still waiting for their entry into this world, don’t they need life? If we take into account all ecology in general and even with a selfish interest human beings in particular, the basic need for the survival is a suitable and life friendly environment. So if we consume all resources today then what will be left for the future people?

To understand this, most common hypothetical situation we can think of is that what would happen to us if our ancestors had consumed or had polluted entire water on the earth leaving behind nothing for us. Then it was not possible for us to survive. Water is only one thing, our concern is with all the resources. So if we want our future generation to grow and live a healthy life a proper management of consumption of natural resources is necessary and need of hour is to develop in a sustainable manner.

National sovereignty:

The general meaning of sovereignty is supremacy and independent authority over a territory and the meaning of national sovereignty as is traditionally and since long accepted by the public international law is the supremacy and independent authority of a nation over its territory without any restriction. And "it (international law) by default assume the right of a nation of freedom of control over its activities within its states jurisdiction" (Susan H.Bragdon) and each state being sovereign is not accountable to any other nation for the acts committed in their sovereign territory.

Sovereignty vs. sustainability

National sovereignty is the international status. This status imposes certain responsibilities upon the state to perform. If we look from other angel a state is nothing but the collaboration of its citizens and citizens give their sovereignty to state to perform certain duties which a individual cannot perform. One such duty is to protect their lives. So turning to sustainable mode of development is one of such duty of the state. Then how come this right and duty come in conflict with each other.

Last two to three decades have witnessed the maximum climate changes and degradation than any other period in history. Along with this the scientific research in the field of environment has reviled many of the facts regarding fast speed of environmental degradation. This huge problem foreseen by the human attracted not only intra nation but also observed by the countries at an international level. Evidently the emergence of many international conferences on environmental protection proves this fact. But what was needed to take this environmental issue at an international stage?

Classic international law gives each nation right to develop. The right to develop predominately reflects the right of states to exploit their natural resources. But if this exploitation is affecting the neighbour country e.g. atmospheric pollution, depletion of ozone layer, global warming etc. A principle of international law forms a basic principle of law that no country can do a fact which affects the other country harmfully. But this is not enough. This recognises only a provable harm to the other country.

The environment does not recognise political boundaries. A sovereign nation thinking itself to be independent because it has enough resources, if it exploits them in a ill manner, without any management even though that nation can justify itself by saying that they have ample resources and are growing sustainably in their territory and upon their resources, But the amount of pollution they are creating is not going to affect only upon that very country but also the entire globe will be ill affected by this. Here it is not possible for other nations to prove the harm that other nation causing to them. In case of prove the only possible remedy which is available is the monitory compensation which in turn is of no use to the environment.

NEED TO CHANGE CONCEPT OF SOVEREIGNTY:

Traditional emphasis of national sovereignty is not appropriate in a world where national decisions consistently have an international dimension. If national sovereign states want to coexist and effectively work in environmental responsibility there is need to change the existing concept of sovereignty. Nowhere else than environmental protection need the negotiation with the state sovereignty. The traditional practice is ill suited to handle the environmental responsibility. With the evolution of and understanding of global environmental interdependence new gates for negotiation for sovereignty have opened. The classic concept instead of taking us to the solution of the problem making the situation worse and is unable to meet the need for present environmental protection.

The traditional principles such as bar on the states to perform actions knowingly that they are affecting the neighbour country are very narrow restrictions and are unable to meet the loss of global environmental depletion caused by transboundary actions.

The further steps taken in many international conferences starting from Stockholm declaration held in 1972. Principle 21 of the said declaration gave the right to the sovereign states to exploit their natural resources within their state territory following their environmental policy but subject to restriction that it would not harm the other nations. Though unanimously accepted but these principles don’t have binding force. The principles of national sovereignty always over rune the principles of international responsibility. Sovereignty claims allows nations to take excuse from international obligations by quoting absolute territorial rights to develop their natural rights. And rapid and exclusive exploitation is the right to develop. [] 

This is one thing, secondly, nature while it was distributing the resources had not kept in its mind that there are political boundaries and gist is that each state is not awarded with equal number of resources and all kinds of resources, so how can a state be justified in using those resources if they are present in their territory as they desire to use them whereas the scarcity of resources is going to be faced by entire world.

Limitation upon use of sovereign resources:

Every sovereign has right to develop. And we already discussed that this development right extends to the right to exploit their sovereign natural resources. The principle laid down in Trail Smelter is a major qualification of the principle of exclusive sovereignty that extends to management of natural resources, but it is still of of limited practical importance to the issue of sustainable resources use for two primary reasons. The principle recognises the provable environmental pollution and not the environmental violation. The pollution model can be adapted to sovereign resources but the limit of trail smelter principle makes it virtually ineffective. [] Second problem we already had discussed that if transboundary harm is proved than only effective remedy present is monitory compensation which does not address the underlying problem. This principle has only made the base of modern and emerging international law but there still need to implement greater restrictions upon the use of natural resources.

GLOBAL COMMONS:

This all lead to development of international regime in the field of environmental protection and sustainable development. There rose a need of an international body for environmental protection. But these efforts to maintain the nations to control their natural resources and to follow international standards bring them in conflict with the national sovereignty rights.

The first such conference was held in 1972 i.e. The United Nations Conference on the Human Environment, the principle 21 of said declaration gave guidelines to sovereign nations to use their resources but their exploitation should not be a threat to other nations, Than Rio earth summit in 1992 whose agenda 21, which is considered as the base of the modern sustainable development scheme laid many principles to control many state activities like trade, manufacture, consumption of natural resources and many more, And recent earth summit in Copenhagen upon the global warming forced at controlling the emissions of green house gases, all these conferences are encroaching upon the sovereignty of a nation upon their resources as well as their management.

One recent example we can take is the controversy of "internationalisation of Amazon". Amazon jungle is one of the biggest jungles in the world. These are very big jungles covering almost one third part of Brazil. Within last decade it attracted the scientist as they say that these are the lungs of the earth, and controlling the major part of global warming. So there is thought to internationalize these jungles which mean that international standards should be imposed upon these jungles to ensure their safety and preservation. But the Brazilian government is fighting for their sovereignty. As this act will directly encroach upon their right of supremacy upon their territory.

So with the above discussion I think we must be able to understand the basic conflict between the national sovereignty.

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