INTRODUCTION, BACKGROUNG & IMPORTANCE
Origins of the Principle of Sustainable Development
The concept of sustainable development can be traced back to the 1972 United Nations
Conference on the Human Environment (Stockholm Conference). The conference led to the
adoption of the Stockholm Declaration, which emphasized the need to protect the environment
and recognize its interconnectedness with human wellbeing. However, the term "sustainable
development" was not explicitly used.
Key Events and Milestones
1. Brundtland Commission Report (1987): The report titled "Our Common Future" was
a significant milestone for sustainable development. The report, published by the World
Commission on Environment and Development (WCED), defined sustainable
development as "development that meets the needs of the present without
compromising the ability of future generations to meet their own needs." The
Brundtland Commission also emphasized the importance of integrating environmental,
social, and economic concerns.
2. United Nations Conference on Environment and Development (Rio Earth
Summit) (1992): The Rio Earth Summit was a critical event that brought sustainable
development to the forefront of international environmental law. The summit produced
several significant documents, including the Rio Declaration on Environment and
Development, which outlined 27 principles for sustainable development, and Agenda
21, a non-binding action plan for implementing sustainable development at the local,
national, and international levels.
3. United Nations Millennium Development Goals (2000): These goals aimed to reduce
poverty and promote sustainable development by 2015. Although they were not entirely
successful, they set the stage for the future Sustainable Development Goals (SDGs).
4. United Nations Sustainable Development Goals (2015): The SDGs were adopted by
all United Nations Member States as a universal call to action to end poverty, protect
the planet, and ensure peace and prosperity for all by 2030. The 17 interconnected goals
serve as a comprehensive framework for sustainable development.
5. Paris Agreement (2015): This legally binding agreement aims to limit global warming
to well below 2°C, preferably 1.5°C, compared to pre-industrial levels. The Paris
Agreement emphasizes the importance of sustainable development in addressing
climate change, recognizing that environmental protection and economic growth can
and should go hand-in-hand.
DEFINITION
Brundtland Report "Sustainable development is development that meets the needs of the
present without compromising the ability of future generations to meet their own needs, while
ensuring the protection of the environment and promoting social equity."
Section 2 of the Environmental Act 2008 – Sustainable Development means development that
meets the needs of the present generation without compromising the ability of future
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generations to meet their needs by maintaining the carrying capacity of the supporting
ecosystems.
AIM
The overarching aim of the principle of sustainable development is to promote a holistic
and balanced approach to human progress, ensuring that current needs are met without
compromising the ability of future generations to meet their own needs. It aims to address
environmental, resource depletion, poverty, and inequality issues, particularly in the
context of rapid global economic growth. It emerged as a response to the need for a more
balanced and integrated approach to development that considers long-term implications for
the environment, society, and economy.
IMPORTANCE
The principle of sustainable development has become increasingly important and relevant
in contemporary legal frameworks due to the growing recognition of the need to balance
economic, social, and environmental concerns in pursuit of a more sustainable future. Some
key reasons for its importance and relevance in legal frameworks include:
1. Shaping legislation and policy: The principle of sustainable development guides the
formulation and amendment of laws and policies to ensure they align with the goal of
achieving a sustainable future. It encourages lawmakers to consider long-term impacts on
the environment, society, and economy when creating new regulations.
2. Balancing competing interests: Sustainable development provides a framework for
balancing the often-competing interests of various stakeholders in environmental, social,
and economic contexts. It helps to ensure that the needs of current generations are met
without compromising the ability of future generations to meet their own needs.
3. Protecting the environment: The principle is essential for promoting environmental
protection, conservation, and the sustainable use of natural resources. It supports the
development of legal mechanisms, such as environmental impact assessments and
regulations on pollution control, to mitigate environmental degradation.
4. Social equity and inclusion: The social dimension of sustainable development ensures
that legal frameworks address issues related to poverty, inequality, and social justice. This
encourages the creation of policies and laws that promote inclusiveness and equitable
access to resources and opportunities.
5. Economic development: By integrating sustainable development principles into
economic policies and regulations, legal frameworks can support sustainable economic
growth, promote job creation, and encourage responsible business practices.
6. International cooperation: The principle of sustainable development is a guiding
framework for international treaties, agreements, and organizations, such as the United
Nations Sustainable Development Goals. This helps foster collaboration and cooperation
among nations to address global challenges and achieve sustainable development at a
global scale.
BALANCING ECONOMIC, SOCIAL, AND ENVIRONMENTAL CONCERNS
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Sustainable development acknowledges the importance of economic growth and
development for eradicating poverty and improving living standards. However, it
emphasizes that economic progress must be achieved in a manner that respects social and
environmental boundaries. Considering it is the guiding principle for long-term global
development, sustainable development consists of three pillars: economic development,
social development and environmental protection.
• Economic concerns: Sustainable development promotes the creation of inclusive and
resilient economies that provide opportunities for all, reduce inequalities, and foster
innovation. It encourages responsible production and consumption patterns, as well as
sustainable infrastructure development.
• Social concerns: The principle emphasizes the importance of social well-being and
equity. This includes promoting access to education, healthcare, and social protection,
eradicating poverty and hunger, and ensuring human rights, gender equality, and the
participation of all members of society in decision-making processes.
• Environmental concerns: Sustainable development recognizes the finite nature of
natural resources and the importance of preserving the environment for future generations.
It calls for urgent action to address climate change, protect biodiversity, and promote
responsible resource management, emphasizing the importance of maintaining healthy
ecosystems for the well-being of both people and the planet.
By balancing and integrating economic, social, and environmental concerns, the principle
of sustainable development seeks to create a world that is prosperous, equitable, and
environmentally sustainable for all
APPLICATION
Principle 4 of the Rio Declaration In order to achieve sustainable development, environmental
protection shall constitute an integral part of the development process and cannot be considered
in isolation from it
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Part II of the Act, section 3 states that The Director shall ensure that sustainable
development is achieved through the sound management of the environment
Environment Act Section 4 Right to a clean and healthy environment states that the
court shall in exercising its jurisdiction, be guided by the following principles of
sustainable development which include: the polluter pays principle, the
precautionary principle, the principle of eco-system integrity; the principle of public
participation in the development of policies, plans and processes for the
management of the environment; and the principle of inter-generational and intragenerational equity.
Inter-generational equity: This principle refers to the idea that present generations have a
responsibility to ensure the needs of future generations are considered in decision-making,
particularly with regards to environmental issues.
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Intra-generational equity: This principle refers to the idea that all people within a generation
have an equal right to a healthy environment and should not bear the brunt of the impacts of
environmental degradation.
CASE LAW
Blue Mountains Conservation Society Inc v Director-General of National Parks and Wildlife:
This Australian case considered the balance between development and conservation in a World
Heritage area1.
Facts: The Blue Mountains Conservation Society Inc sought to restrain the use of the Grose
Wilderness (The Grose Wilderness contains some of the most dramatic gorge and canyon
landscapes of the entire Sydney basin sandstone region) in the Blue Mountains National Park
for the purpose of a commercial film production. The film site was said to be a key component
of the final scene sequence for the film. The National Parks and Wildlife Service had issued a
formal consent for filming at the site in question, subject to conditions.
Issue: The main issue in this case was whether the proposed activity was unlawful within a
wilderness area in a national park. The area in which the filming was to take place was a
sensitive environment, being a hanging swamp and a transitional open forest.
Rule: The proposed activity contravened s 9 of the Wilderness Act. According to this section,
a wilderness area shall be managed so as to:
(a) restore (if applicable) and to protect the unmodified state of the area and its plant and animal
communities, (b) preserve the capacity of the area to evolve in the absence of significant human
interference1. It was unlawful; and the approval and consent were also unlawful.
Analysis: The court noted that there were many areas that were State forests and thus were not
within a national park. It seemed that the film production company had not explored the
possibility of using such an area as a possible location for this film. The production company
had also not only been granted permission to enter the land, but had been granted permission
to enter it and perform certain activities upon it and had been granted exclusive use of a defined
part of the land to the exclusion of the public.
Conclusion: The relief sought by the applicant was granted. The Court made an order setting
aside the consent granted to undertake the said activities.
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Sustainable Shetland v The Scottish Ministers and Viking Energy Partnership” - This Scottish
case dealt with a challenge to a wind farm development, considering issues of environmental
impact and sustainable development.
Facts: On April 4, 2012, the Scottish Ministers granted consent to the Viking Energy
Partnership for the construction of a substantial windfarm in Shetland. The consent was issued
under section 36 of the Electricity Act 1989. A generating station shall not be constructed,
extended, or operated except in accordance with a consent granted by the appropriate authority.
At the same time, the Scottish Ministers directed that separate planning permission was not
required. Sustainable Shetland, an unincorporated association, presented a petition for judicial
review challenging the legality of the Scottish Minister’s decision.
Issue: The main issue in this case was whether the Scottish Ministers had taken “proper
account” of the effect of the windfarm on the whimbrel, a migratory bird of the curlew genus.
Rule: The Scottish Ministers were required to take into account the potential environmental
impact of the windfarm, including its effect on local wildlife, before granting consent for its
construction.
Analysis: The court found that the Scottish Ministers had failed to take proper account of their
obligations under the Birds Directive, in respect of the whimbrel, a protected migratory bird.
The proposed windfarm was on a very large scale, with 127 turbines located in three areas,
covering a total area of some 50 square miles. The whimbrel population of the Shetlands is
highly significant in national terms, representing around 95% of the total UK population.
Conclusion: The court upheld the challenge by Sustainable Shetland and set aside the consent
granted by the Scottish Ministers.
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