Lecture 04

追加: 2026-05-12

[00:00:01][music] [music] Welcome to environmental log course.

[00:00:23]Dear learner and viewer, we are going to have the another lecture on the course and direction of sustain sustainability law in international and national perspective. Having understood the five dimensions of sustainable development, we will be in a comfortable position to appreciate that how the sustainable sustainable development and law has taken and charted its own route, course and direction. The determination of the course and direction is very important aspect to understand sustainable development law in the legal perspective because we have to see that whether the international environmental law prior to the Stockholm declaration in a Stockholm declaration and post Stockholm declaration and the contemporary perspective of sustainable development Law is something of a siminal significance and importance for a deeper understanding of the sustainable development and environment in theoretical conceptual legal perspective. Dear learner and viewers, when we say that what is the course and direction of sustain sustainability law, then we actually mean that we have to be in terms of that what are the basic precepts of theory of intergenerational equity which has been propounded under the world commission environment and development buckland commission report in 1987.

[00:02:10]how the theory of international intergenerational equity has been further chiseled out by the professor Brown west uh in terms of taking theory of intergenerational equity from the standpoint of not only conservation of natural resources but the cultural heritage of the mankind for a peaceful and secure existence of humankind. mind in the present and as well as the future generations which ultimately paths the way for conservation of option quality and access.

[00:02:53]Theory of inter intergenerational equity have been legally recognized right from the botland commission report the way of declaration 1992 and it has been carried forward under all important international convention treaties guidelines protocols in honing out the strategy of the environment protection and developmental planning.

[00:03:21]The theory of international intergenerational equity in the legal arena have provided impetus to fairness across all the generation by fostering equality and equity.

[00:03:37]When we say the course and direction of s sustainability law then we also mean to suggest that the entire course and direction of sustainability law also center around on a notion and concept which is called common but differentiated responsibility.

[00:03:59]The notion of common but differentiated responsibility is being recognized under principle 7 of the Rio declaration. And the concept well takes into account that all developed nation should take a lead in combating global environmental problems and crisis while supporting developing countries through finance and technology. We will also see that besides the intergenerational equity as well as the common but differentiated responsibility, how far the precautionary principle of the rail declaration has been very successful in prevention of the environmental risk and pollution with all scientific database and inquiry in certain certainty. How the precautionary principle have altered the very notion of evidentiary law of shifting the burden of proof on the actor to ensure that no harm should treat and transgress from the national boundaries to transnational borders.

[00:05:18]The course of direct course and direction of sustainability law also try to see that what reform is required into the instit in institutional and the legal challenges we face in making the global environmental governance by the international normative frameworks as well as the international environmental organization.

[00:05:44]Having studied the theory of intergenerational equity, common but differentiated responsibility, principles of precaution or the precautionary principle, we will be in a better situation to appreciate that how the evolution of international environmental law by in the postc world war has created UNESCO, IUCN and has been in rudimentary form accepted environmental problems under outer space treaty and the moon agreement. These development are very important and landmark. Although that the Stockholm declaration being very comprehensive and encompass encompassing has eclipsed the entire entire corpus of the international environmental law which has been permeated under the UNESCO and the IC.

[00:06:52]The 1972 Stockholm declaration has been a focal point of the massive codification of international environmental treaties and that's why we see that the course and direction which has been set in a tone and tenor have culminated into the enactment of more than 350 multilateral and thousand bilateral legal instruments. Thus we see that the entire evolutionary process of international environmental law which have not only been evolved developed but attain sophistication in terms of volume in terms of content as more than 350 multilateral and 1,000 bilateral environmentals agreement and conventions protocols and guidelines have set the entire corpus of international environmental law right from the Geneva Convention 1949, right from the outer space treaty 1967, right from the moon agreement 1979 till the Stockholm Declaration 1972 is something a very interesting and novel discourse to see that how sustainability and the environmental law have created a kind of a path for ecological balance and the human survival. In this respect we are learner and we will be having a fair idea of the course and direction of s sustainability law through the prism of the outer space treaty moon agreement geneva convention as well as the stockhol convention.

[00:08:52]This represent the entire course of direction which is said to be right from the creation of United Nation till the enactment and the passing of the Stockholm declaration 1972 which has embedded sustain sustainability principle into international legal norms. Having outlined the very lecture and the content and input of the course and direction of sustainability law, we will now discuss each and every point in greater length and breadth.

[00:09:34]Dear learner and viewer, as we have discussed in the last lecture about the component of the five pillars from three pillars to fourth pillars to five pillars where we have seen not only the economy but equity, ecology, culture and security are of paramount importance in conceptualizing the course and direction of sustainability law. The economy tries to envision sustainability from the point of view of the material well-being and respawning sustainable growth.

[00:10:18]Whereas the principle of ecology tries to see that how environmental well-being can be promoted by having a natural harmonization of all the resources. Between economy and the ecology lies the important segment of the five pillar is the cultural well-being and intercultural dialogue.

[00:10:48]With the economy, economic imperative and ecological priorities, we must take into cognizance the important aspect of the cultural dialogue and the cultural well-being. Because once we involve the society and the social content and the social group and the social existence and social cohesiveness within the parameters of economy, ecology to cultural level then probably we will be in a better position to advance equity, justice and once the equity in the name of social well-being in the name of social cohesion are promoted then there are fair chances of peace and tranquility and creation of a sustainable society creating a secure world order. Therefore what we see that the present lecture which encompasses to track the course and direction of sustainability law essentially rested upon the five pillared approach of the sustainability which well goes beyond the purview and the pale of economy and ecology by including culture.

[00:12:22]equity and security.

[00:12:26]Having said so, dear learner and viewer, we have already explicated the very concept of intergenerational equity in the last lecture and we have already given a glimpse of that world commission environment and development butler and commission reform defined intergenerational equity as without compromising the needs and aspiration of future gener. generations to develop in their own way. The present generation is allowed to have the entitlement of the environment. Thereby for the first time we see that it's not a question of equality but it a question of equity and equity by all measuring rod is a broader concept than that of equality.

[00:13:23]The another point which requires your retention that the equity is a kind of a notion which is not only existing in present but future generations. So never before in the domain of law we have a kind of a system of assessing equality and equity among generation as it has been done in the botland commission before and being further chiseled out by professor Edith Brunes which necessarily directed to create a fairness between current and future generation. Here we try to see the law is primarily having its deep commitment against the bias and it creates a kind of a fair system. From this standpoint of view that the theory of intergenerational equity can further be understood by the three core principles and each core principles are having a farreaching ramification in conceptualizing what we can say the course and direction of sustainability law.

[00:14:55]And these three principles deserves a very detailed discussion.

[00:15:00]And it the first core principle is the conservation of option, conservation of quality and the conservation of access.

[00:15:11]And then the chart we have created to take the core principles of intera inter intergenerational equity in a practical shape in a practical manner. Then we see that what has been defined by the world commission on environment and development what has been edited by professor edit brown being the theory of fairness among generation. We have to see that how these core principles of s intergenerational equity have is a a a kind of a landmark form its theorization than that of its practicality precept and programs. Then here what we see that the three principle the principle number one is the conservation of options.

[00:16:12]The conservation of option as the core principle of intergenerational equity try to emphasize on the point that we must have a solemn duty to preserve the diversity of not only the nature but of culture.

[00:16:35]It is the same thing which is being replicated when we talk of the component of five pillars of sustainability which goes from economy ecology to three major things. The one major thing is the culture and out of the culture we find two major component. One is the equity and another is security.

[00:17:12]Then this core principles and the this component of the sustainability pillar which has been underlined. We have taken note of the theory component. Now the principles how it has been deduced under the conservation of option. It again reiterates that we must have a duty to preserve the diversity of nature, diversity of the culture for future generations. And this future generations is important because the kind of the kind of a path we are trying to trade upon must have some very important lessons, some very important directions for the futures representing their diverse opportunities which are going to be be there to the next generations by creating a healthy resource by creating a healthy world for the future generation.

[00:18:23]Therefore the conservation of option is one of the core principles have created a large basket of the choices and those choices appears to be the choices but is of great and utmost necessity to promote the course and direction of sustainability law.

[00:18:52]The another point dear learner and viewer is the core principle of conservation of quality. And this core principle of conservation of quality in terms of intergenerational equity tries to maintain the planet's quality which is very important the planet's quality. And now the major question is this quality is important.

[00:19:23]Why? Because again we have to transfer amicably transfer very meticulously transfer very honestly the entire bounties of the nature from present generation to the future generation in a very qualitative manner and the quantitative manner. True that the present generation and as well as the future generation cannot be set in margins.

[00:19:57]It cannot be set into a scarcity. The plenty and the mainstreaming of the present generations for their access to conservation of quality should equally be transferred to the next generation.

[00:20:15]Therefore what we see that the entire degraded ecosystem the land speak escape and must have its its pristine glory to hold the next generation and it's not the case that the next generation are going to face the irresponsible behaviors and actions of the previous generations.

[00:20:44]So the core paceful of international intergenerational equity from conservation of option to conservation of quality then we will slide to conservation of axis because the conservation of axis is very important.

[00:21:03]Conservation of axis try to encapsulate the point which we have already made in the previous slide that which talks of beyond economy and ecology and culture to the aspect of the security and paramounty of the equity and equitable equitable access. So the conservation of axis in is very emphatic on the equitable axis of the past generations legacy and conserving that axis for future generations. Therefore, what we see the question of taxis is the hallmark of what you can say is the CBD convention because it has three fundamental foundation. The one is the sovereignty over natural resources. The another is the sustainable use and the third is equitable benefit sharing. So the question of equity and equitable benefit sharing here under the core principles of intergenerational equity tries to transgress not only to one generations but intergenerations to create a kind of a healthy earth and it symbolizes that the entire inheritance and the trust of the planet should be transferred. ward to the next generation in a very equal and equitable manner. So each principles which are said to be the core principles of intergenerational equity deserves our greater attention and understanding to see and to set the course and direction of sustainability law at international and as well as national level. After having a deeper understanding of the entire core principle, entire theory and entire component of the intergenerational liquidity as it has been recognized by the Butland Commission report as it has been reiterated by the RA declaration 1992.

[00:23:37]In total and in a combined manner try to integrate environmental concern into economic planning and create a kind of an ethical and the legal base of sustainability.

[00:23:54]And ultimate goal of that sustainability is to create a kind of equity, fairness and the rights of future generations.

[00:24:07]Therefore, taking the clue from the component of intergenerational equity, taking recourse to the pillars of intergenerational equity, taking an idea of the core principles and understanding of the core principles of equity. Taking the entire theoretical base of the intergenerational equity, we can have a system of legal recognition of intergenerational equity in the entire jurispential discourse of the sustainability law which can have two further common point which has already been hinted and discussed in the last lecture that is of common and differentiated responsibility as well as the principles of precaution or the precautionary principles by sharing a kind of a responsibility which are common but differentiated in the sense that all nations in the world are not equal in terms of their resources, their ecological wealth and economic wealth. Therefore, we have to create the sense of equity tries to inspires that we must fix responsibility across all the world, all the nations.

[00:25:42]Nonetheless, that common responsibility can be suitably differentiated among the estates while fixing responsibility, obligations and liabilities at it as it has been outlined under principle 7 of the Rio declaration 1992 because the world which are heading towards the use and consumption of the resource is the world which are using creating more emission. The world the countries which are creating more emission. The countries having more consumerism. The country which have the propensity to have more resources cannot be quitted with the country which are having less emission. The countries which have not taking consumerism to that extent in the name of quality of life. then we have to recognize the unequal responsibilities among the nations and differentiated responsibilities.

[00:26:48]Therefore, if we see and analyze the real aspect and the practical aspect of the common and differentiated responsibility, then we see that United Nation framework convention on climate change and the CTO protocol is one of the indicator in the site and is a living illustration that how the all the member of member States of the world have taken a solemn responsibility to combat the negative impact of the climate change. At the same time, their locus and their responsibility and their obligations are differing, varied and quite diverse. making a real sense that what is common, what is differentiated and what kind of the onus and the liability and the responsibility is cast upon all the state. Therefore, this principle is again a principle of equity. This principle is again a kind of a principle of balancing development and development in the world and as well as the environmental protection in the world which varying degree and the sliding scale of the responsibility.

[00:28:19]The another aspect of the course and direction of sustainability law is to get into the intricacies of the precautionary principle which has been enshrined under article in the principle 15 of rail declaration 1992.

[00:28:40]As the name suggests, the precautionary principle try to argue and marshall its argument in the sense that prevention is better than cure. And whatever industrial development has taken place within the national boundaries and the sovereign limits of any country then we have to see that the adverse impact of that action should not transgress from its territorial jurisdiction and can have pernicious and harmful effect in other country. Therefore the precautionary principle try to suggest that member state should have a massive scientific database standard standard system to see the environmental impact are to be contained. Moreover, the precautionary principle shift the burden of proof, the owners of proof to the actor by proposing potential harm and it encourages that there must be some very act penative action to avoid or irreversible environmental damages. And before the damages are to be acured, it must be computed. It must be compensated. It must be penalized. It can it must be made liable. This peaceful tries to integrate the precaution into global environmental governance by casting a solemn obligation responsibility which is not only statutory but it is also penal and punitive and pecuniary.

[00:30:38]It is not only punitive but it is also pecuniary. Therefore the precautionary principle is one of the important dimension to see that how international environmental law as well as the sustainable development law has sets its course and directions.

[00:31:01]If you look at at the global level what we find that there are countries which are having low income, the countries having the middle income, the countries having the high income and in this respect not only the precautionary principle but common and differentiated responsibility are to be understood in the right context and and context and as well as applying the principles of fairness.

[00:31:31]and the responsible behavior. With this we see that the entire evolution of international environmental law right from 1945 United Nation educational scientific and cultural organization which have recognized environment as an integrative ecological concept and right from UNESCO to international union for conservation of natural resources in 1948 which recognized biosphere care as a predatory life support system.

[00:32:07]Then we see that it is not correct to say that the Stockholm declaration is the meeting is the beginning of the evolutionary process of the international environmental law. But a closer analysis and a critical analysis of the international environmental law and the sustainability law reveals that ever since the United Nation organization has been created, the UNESCO, the IC, IUCN and United Nations Scientific Conference have recognized right to environment as And as an important component of ec of the survival of human survival as well as it encompasses and it embodies the integrative ecological concept and the very notion of not only the environment but the biosphere which has been handed on by international union for conservation of natural resources are very important mile a stone in giving Philillip to the discourse of international environmental law and what you can say uh the the the evolution of international environmental law with what the title of the present lecture is the course and direction of the sustainability law is is very important to our understanding with this what we see that in 1967 along Along with the UNESCO, ICUN and United Nations scientific conference, we see the outer space treaty which prohibited attack against the natural environment by way of reprisal and the biosphere conference which marked a change in the perception of international environmental responsibilities are some of the very salutary initiative in the context of the global environment. In this respect we see that the Stockholm or the pretockhome international endeavor for international environmental law are of greater importance not only in terms of their perview ambit scope and vision but we see that whatever has happened in Stockholm declaration there is a natural sequel of the sustainability law. And then we see that after the Stockholm declaration, the moon agreement has already incorporated intergenerational equity and traceful for economic as well as the social progress.

[00:35:10]It is being further being set into motion by world conservation strategy which have set certain goals for sustainable development in 1980 and then after all we see that the entire development right from UNESCO 1945 IUCN 1948 space treaty in 1967 7 the biosphere conference in 1968, 1972, the Stockholm conference, then the moon agreement have culminated and the world conservation strategy in 1980 have culminated in a very pity and substantive manner in the world commission on environment and development but commission report captioned as our common feature. We set the entire course and direction of sustain sustainability law by drafting very articulated legal principles and calls for international management of the environment and sustainable development. With this we find that the course and direction of the sustainable law needs no having a detailed discussion on it. We can safely say that it requires some some crutches to stand upon the the it might it might be fibble. It might be strong but the entire course and direction of sustainability law as it has been engrafted under the international conventions and treaties and guidelines and the normative framework of the intergenerational equity common but differentiated responsibility and the precautionary principles and the entire course and direction of the sustainability law. leads to some massive institutional reform and it requires it calls for a global coordination among the global level, a regional level, national level at the local level. So it is now incumbent upon all the countries to adopt national policies which permeates the very notion and concept of sustainability by integrating environmental laws with all slew of of the developmental laws by a long-term capacity building and long-term global cooperation. With this I with this dear learner and viewer. I think the course and direction of the lecture and course and direction of sustainability law which takes into account the details, intricacies and delicacies of the theory of intergenerational equity, legal recognition and its various facets and dimensions along with the common differentiated responsibility precautionary principles.

[00:38:42]calls for an effective institutional and legal framework to see that the course and direction of sustainability law may lead to ultimate fruition and incorporation by all the member state to foster sustainable development across the globe. With this I thank and I wish you a happy learning.

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