Sustainable Development

The most important international standard, which supports environmental law, is the principle of sustainable development. The concept of the sustainable development has been defined as follows; Sustainable development means, development which seeks to produce sustainable economic growth while ensuring future generation’s ability to do the same by not exceeding the regenerative capacity of the nature. Also sustainable development was been defined as the management and conservation of the natural resources base, and the orientation of technological and institutional change in such a manner as to ensure the attainment and continued satisfaction of human needs for present and future generations However, the definition offered by Brundtl and report of 1987 is the one with which the concept has become most closely associated, it defined sustainable development as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Therefore, sustainable development ties together concern for the carrying capacity of natural systems with the economic, social and environment challenges facing humanity. In Tanzania, of EMA provides the principles of environmental management and obligation to give effect to environmental principles and among of them is sustainable development under section 7(3) (a) that, ‘the environment is the common heritage of present and future generations’ The origin of sustainable development: The concept of “sustainable development” originated in a realization that, the world’s environment, it economies, and the ways in which it treats it human and animal inhabitants, are all interlinked. The Brundtland report of 1987 was primarily concerned with securing different global things such as global equity, redistributing resources towards poorer nations whilst encouraging their economic growth. The report also recognized that achieving this equity and sustainable growth would require technological and social change. The international community first made a substantial effort to engage with the principle of sustainable development at the Earth Summit in Rio de Janeiro in 1992 and Agenda 21 in which Emphasizes that broad public participation in decision making is a fundamental prerequisite for achieving sustainable development was adopted which mapped out an ambitious and a wide-ranging program needed to move towards sustainability. A key element in that programme was that, individual countries should establish their own sustainable development strategies. In addition to that, principle, under The Rio Declaration of 1992 on Environment and Development provides inter alia that, “The right to develop must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations. The international court referred for the first time to this need to reconcile economic development with protection of environment, which is aptly expressed in the concept of sustainable development in the case of Gabcikovo-Nagymaros Dam Case. The 2002 World Summit on sustainable development met in Johannesburg in order to reaffirm commitment to the Rio principles and affirming their will to assume a collective responsibility to advance and to strengthen the independent and mutually reinforcing pillars of sustainable development at national and global level. Therefore, according to the definition of World Commissioner on Environment and Development (WCED) there are two fundamental concepts tied on the principle of sustainable development; 1. The basic needs of humanity (food, clothing, shelter, and employment) must be meet 2. The limits to development are not absolute but are imposed by present States of technology and social organisation and by their impacts upon environmental resources and upon the biosphere’s ability to absorb the effect of human activities. The are main three needs (pillars) of sustainable development are economic development (competitiveness, trade, investment, finance and technology), environmental protection (natural resources management, environmental governance, protecting biodiversity, and tackling climate change) and social upliftment/ justice (poverty eradication, reduction of inequality, respect for human rights, democracy, good governance, and partnership with civil society). These three pillars are equal important and needs to be pursued simultaneously and with equal effort. For instance in African countries these three pillars are useful unless all the legs are equal in length and strength. Therefore, the purpose of sustainable development is to meet the needs of the present generation without compromising the ability of the future generation from meeting their needs, by doing the following; To start with, the need to protect and to preserve natural resources for the benefit of future generations (intergenerational equity principle): This talks about the relationship between two generations and to state the balance as far as utilization of natural resources is concerned. That there should be fairly utilization of natural resources in the three senses, one is conservation of options here means that the present generation has the obligation to protect and conserve options available example forestry resources, mining resources, water resources, natural and cultural heritage for the future generations . Two, conservation of quality that is conserving the quality of resources for the future or next generations that is to say if you found the planet (Earth) in a good and excellent condition then you have to leave it in the same condition and three is conservation of access this means each member of the generation should have the equal access to the natural resources that means if the present generation does not utilize well the resources, future generation will not have the equal access to the natural resources as they shall not be there. Hence in short is to put the balance between the present and future generations. For example Principle 3 provides the right to development must be fulfilled so as to equitably meet development and environmental needs of present and future generations. Moreover, the aim of exploiting natural resources in a manner which is sustainable, prudent, rational or wise, in other words sustainable use and conservation of natural resources (the principle of sustainable use), Sustainable use implies using renewable natural resources in a manner which does not eliminate or degrade them, or otherwise diminish their usefulness for future generations. Therefore sustainable use further implies using non-renewable (exhaustible) mineral resources in a manner which does not unnecessarily preclude easy access to them by future generations. Sustainable use also implies depleting non-renewable energy resources at a slow enough rate so as to ensure the high probability of an orderly societal transition to renewable energy sources. According to Principle 8 provides need to reduce and eliminate an unsustainable patterns of production and consumption and promote appropriate demographic policies as to achieve sustainable development. In addition Article 6 provides main obligations to general measures for conservation and sustainable use of components in biological diversity. Also in the case of Icelandic Fisheries Cases the court observed that, the provision of a growing body of global and regional treaties concerned with international watercourses, wild conservation, habitant protection, endangered species, specially protected marine areas, and cultural and natural heritage suggest that, conservation and sustainable use of natural resources and ecosystem have acquired a wide legal significance. Moreover Section 7(3) (a) provides the conservation and the management of the environment because the environment is the common heritage of present and future generations. Furthermore, it intended to promote equitable use of natural resources which implies that use by one state must take into account the needs of other states, (the principle of equitable use or intra-generational equity) for instance the use of lake Victoria’s water by the Tanzania for conducting agriculture activities must taken into account the needs of other states like Egypt who had exclusive right over the full utilization of lake Victoria’s water since the colonial period up to date. Not only that, but also the Convention on Biological Diversity of 1992 established a frame work under which developing countries are entitled to ‘a fair and equitable’ sharing of the benefit arising from the use of genetic resources found in their territory. Therefore the equitable use of natural resources redressing the imbalance in wealth between the developed and developing worlds and giving priority to the needs of the poor are important policy components of sustainability. Also the need to ensure that environmental considerations are integrated into the economic plans and other development plans, programs and projects and that development needs are taken into account in applying environmental objectives, (principle of integration). This means not simply the use of resources at a rate which could be maintained without diminishing future levels, but development which also takes environmental and social implications into account. Sustainable development entails the integration of economic, social and environmental objectives, to produce development that is socially desirable, economically viable and ecologically sustainable and this may involve the prevention of permanent environmental change. In addition to that Principle 4 ensures that, development decisions do not disregard environmental considerations. That is to say integration is a fundamental concept of sustainable development and has implication across a broad range of national and international policy. Also Article 4 (2) puts much emphasize on integration of environmental protection and economic development purposely to stimulate sustainable development. In Gabcikovo-Nagymaros Dam Case the court of law observed that, environmental protection shall constitutes an integral party of development process and can not be considered in isolation from it. Furthermore, sustainable development requires, the avoidance of pollution and degradation of environment, or, where they can not be all together avoided, are minimized and remedied. The polluter pays principle suggests that any person causing any injury or environmental hazards has the duty to pay for such damage. Therefore this is essential for economic policy in allocating the costs of pollution or environmental damage born by public authority and also has the implication for the development of international and national law on liabilities for damage. Therefore by regarding this principle sustainable development is encouraged. For instance in U.S. V. Canada (the Trail Smelter Case) due to Canada’s smelting activities which polluted air and leading to destruction of United States plantations, Canada was compelled by the court of law to pay damages to United States farmers for the lost the incurred. In achieving the development that meets the needs of the present without compromising the ability of future generations to meet their own needs, the negative impacts on the environment and on people’s environmental rights be anticipated and prevented, and where they can not be all together prevented, are minimized, remedied and optimized the positive impact on the environment. This can be achieved by conducting Environmental Impact Assessment (EIA). For instance in Tanzania there is different Laws (The Environmental Impact Assessment and Audit Regulations and part VI and VII of Environmental Management Act ) which regulate the Environmental Impact Assessment for the purpose of assisting in decision making and in protection of environment generally. The World Commissioner on Environment and Development (WCED) emphasizes governance and suggest the following basis requirements for the achievement of sustainable development: A political system that secures effective citizen participation in decision-making, this means that the government should make efforts to ensure citizens participation in mattes involving utilization of resources so as to have the common stand on proper utilization of resources which will be beneficial to the future generation. This will assist core components of society resource use, investment, technologies, institutions, consumption patterns come to operate in greater harmony with ecosystems. An economic system that is able to generate surpluses and technical knowledge on a self-reliant and sustained basis, an economic system that is able to generate surpluses will enhance the achievement of sustainable development due to the fact that some of the resources will be utilized while surplus is kept for future generation. On the other hand knowledge of self reliance is essential as it enable people to depend on various sources of earning rather than depending only on available resources. A production system that respects the obligation to preserve the ecological base for development; this means that industrial production should be done with great care so as to avoid damages of resources which will be beneficial to the future generation. It anticipates that, as far as possible, the use of any natural resources should be compensated for through processes such as reforestation and recycling of products, or by social improvements such as community betterment or reduced inequality. A social system that provides solutions to relieve the tensions arising from disharmonious development; this are to deal with those projects or plans which are likely to cause adverse impact to environment and consequently cease the goals of the World Commission on Environment and Development (WCED) to sustainable development and preserving environment for present and future regeneration, there fore the social system must come out with the solution that there should not be activities that are very likely to course harm to the environment. Also there are other principles which facilitate achievement of sustainable development as discussed hereunder: Principle of sustainable utilization and conservation of natural resources, this means every individual has the right to use those natural resources but, in order for those natural resources to reach the future generation those people are required to use natural resource in good manner. Therefore because of that it require special protection to be given to unique area, representative equal system and habitual of rare or endanger species, ecosystem and land, atmospheric and marine resources had to be managed to achieve optimum sustainable productivity without endangering other ecosystem species. Polluter pays principle, the principle suggests that any person causing any injury or dangerous to the environment has the duty to pay for such damage. That means the polluter pays principle is a essential on economic policy for allocating the cost of pollution or environmental damages borne by public authorities in regarding the polluter pay principle, the entire society should not pay for the pollution caused by few people, taking into account the approach that the polluter should in this principle bear the coast of pollution with due regard to the public interest and without distorting international trade and investment. For example Principle 16 provides inter alia that, the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment. Pre-cautionary principle, any harm or damages which might affect present as well as future generation the measure should be taken in order to avoid any damages which may occur within the environment. In the case of U.S. V. Canada (the Trail Smelter Case) the principle suggest that, an obligation may arises if there is an actual and serious harm which is likely to recur. Also the in United Kingdom V. Albania (Corfu channel case) the obligation also arises when there is no risk to the other state. Meaningful, in order to protect the environment, the pre-cautionary approach shall be wide applied by the state according to their capabilities. That means where there are threats of serious or irreversible damages; lack of full scientific certainty shall not be used as reasons for postponing cost-effect measure to prevent environment degradation. In Common but differentiated responsibility principle, the principle suggests that, under sustainable development there must be a contribution between developing countries and developed countries toward the global environment problem. That been the case developed countries because of their technologies has the more pressure to combat the environmental degradation other than the developing countries. Moreover the principle suggests that, state have common but differentiated responsibility, in order to insure the sustainable development that mean there must be the contribution of developing and developed country or state. Principle of notification, the principle suggests that there should transfer of sufficient information between states in case of any emergence on environment to enable them the state at risk to minimize the damages and take whatever measure of self protection. For example Rio Declaration of 1992 codified the duty of the state in situation where natural disasters or other emergence are likely to produce sudden harmful effect on the environment. In United Kingdom V. Albania(Corfu channel case) Albania was held responsible for damage caused to the British Warships because Albania had a duty to notify or warn them of mines in territorial waters. Principle of prevention and protection of environment, the principle states that the need for sustainable development must be the protection and prevention of the environment. This means that the prevention must be the golden rule for the environment both economic and ecological reasons. The principle places the limits on different activities which may cause damage or injury to the environment. The prevention principle requires action to be taken at any early stage if possible before the damages could occur. That is to say it prohibits the activities which may cause environmental damages and hazards. For example under Article 206 the principle of prevention provides the use of special techniques such as a risk analysis after the assessment of potential effect of planned activities, when state have reasonable ground for believing that planned activities under their jurisdiction or control may cause sustainable pollution of or significant and harmful changes to the marine environment. Principles of state Sovereignty, in this, the states have right to utilize their resources but in such manner that it does not cause degradation and without affecting other nations. The state have the authority of putting the obligatory Rule for its territory for the purpose of exploring, conserving and managing Natural resources, scientific research for the protection and preservation of Environment. Under the Sovereign principle, states have, in accordance with the Charter of the United Nation and the Principles of international law, the Sovereign right to exploit their own resources pursuant to their own policies . Principle of Co operation, generally the states are required to cooperate in international matters concerning the environmental protection and improvement which should be handled in a cooperative spirit by all countries on an equal footing . ’ Moreover, Rio Declaration proclaims that; “state shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth’s ecosystem .In view of the different contribution to global environmental degradation. States have common but differentiated responsibility. The developed countries acknowledge the responsibility that they bear in the international pursuit of sustainable development in the view of the pressures their societies place on the global environment and of technologies and financial resources they command” However, despite the need of having sustainable development, and well propounded principles for making the achievement of sustainable development, there are some constraints that most of the developing countries (Tanzania) face in achieving the same as discussed hereunder: Economic pressure: Tanzania, like many other developing countries, is keen to attract foreign investments to foster the country’s socioeconomic development. This competition among developing countries to attract foreign investment preference has in many cases sacrificed policies geared towards sustainable development for short-term economic gains. And thus many project are allowed to be carried on without considering and assessing the detrimental effect the said project may pose on the environment. Corruption: implementation of some principles, for instance polluter pays principle, fail because of corruption. Those who pollute the environment go without punishment, and developers who cause environment degradation are let to go free with it without rehabilitating the area as required by the law. Poor technology: this has made it difficult to access natural resources without posing damages, in other hand it leads to failure in taking reasonable measures in the protection of, and rehabilitating the already polluted environment. In most cases the developing countries depends on developed nation for more advance apparatus for environmental protection. For instance, Tanzania failed to combat fire disaster that destroyed heavy forest in Mafinga district, in Iringa Region. Insufficiency of law and its implementation: to start with international convention providing for sustainable development, unless incorporated in the municipal laws; they lack legal force and thus become difficult to enforce them. On the hand the municipal laws are not very clear in dealing with the issue of sustainable development. And the very few laws available are not implemented to the required standard. Over population: lack of family planning in most developing countries has lead to the rapid increase of population and therefore increased the demand of utilizing the natural resources, for area for cultivation, settlement and investment to purposely fulfill their needs, thus increasing environmental degradation. Civil wars: massive nuclear weapons used in civil wars have largely contributed to the difficulties in achieving sustainable development a good example is The Democratic Republic of Congo (DRC). Areas set for refugees have destroyed ad environmental degradation has increased. Example is refugee camps in Kigoma in Tanzania. Lack of public awareness: The public is not aware of the importance of sustainable development. Therefore when required to give their opinions and participate in decision making, they rarely do so, and even if they participate, they never bother to make a follow up to see whether or not their opinions has been considered by the minister in his decision making. Conclusion: Thus sustainable development can viewed in the perspective of having the main three needs (pillars) of sustainable development are economic development (competitiveness, trade, investment, finance and technology), environmental protection (natural resources management, environmental governance, protecting biodiversity, and tackling climate change) and social justice (poverty eradication, reduction of inequality, respect for human rights, democracy, good governance, and partnership with civil society). These three pillars are equal important and needs to be pursued simultaneously and with equal effort. For instance in African countries these three pillars are useful unless all the legs are equal in length and strength.