Malcolm Shaw's work on 'International Environmental Law' : Review

 [ This work was done in 2007, I'm so much grateful to Fauzia Apu, It'd not be possible without her help. ]

RUMANA REZA

ID-4647

IR, 2^nd year, CU

Though ‘law’ is abided by the people, but it ,nevertheless has been created by the men themselves. because it is the inherent characteristics of the human beings, that is, to ‘transgress’ unlike the animals. So though being possessed with rationality, they often do some irrational acts, which other beings  can never do. Therefore,  they  necessarily have to establish rules  and are to follow them well. Environmental law is also such kind of man-made  procedure’ which  involves the act of protection, preservation and maintaining the balance among  the environmental resources . Here we are supposed to talk on Malcolm Shaw’s opinion about it .

          Malcolm Shaw  has discussed  mostly  about  how  the ‘ international environmental law’ has come into being and its approach of implementation  in the state perspective. Here,  he has identified that, the problem of implementation  of environmental law is caused  by the states. He has evaluated it in the way that, if the states intend to keep peace with there neighboring countries. They will observe  the ‘international environmental law’ more than those who do not intend to do so. Moreover, to ascertain such state actions as to be one of the causes of the major environmental problems, is not very easy. because the particular ‘source’ always  remain unidentified.  

Besides, although there are some  peace –treaties between the neighboring or ‘antagonistic’ countries, but the approach of application is less true to the origin, which Malcolm Shaw terms as  “peace-meal” 

 or ‘arbitrary fashion’. Therefore, he infers that “the approach of dealing with environmental matters, has shifted from the bilateral state responsibility paradigm to the establishment and strengthening of international co-operation.”

            

INTERNATIONAL  CO-OPRATION:

 

Thus, according to Malcolm Shaw, the involving states can hardly be impartial to observe or implement the international environmental  law from their own urge. Therefore, as Malcolm Shaw has brought before us , in details, several principles of  different declaration. For example-principle 24

of the Stockholm declaration 1972 noted that, ‘International matters concerning the protection and improvement of the environment should be handled in a co- operative spirit,’ while principle 7 of the Rio Declaration of 1992 emphasized on the co-operation  in a ‘global partnership spirit’.

In 1988 OECD (Organization  for Economic Co-operation and Development) adopted a decision that, states must provide information for the prevention of and the response to accidents at hazardous installations. Even  in 1992 declaration ,principle 18 provides that states should

immediately notify other states  of any natural disaster which are likely to harmful for them. Principle 19 suggests for prior consultation with the invasion  Malcolm Shaw also  mentions that  “article-5”, which makes  an obligation for warning  a victim state, might happen  to be an increasing source of environmental pollutions, due to wars.                        

For the above complicities, the world organization realize the need to make an obligatory environmental  impact assignment. The question  was raised  by  Weeramanty   in  his dissenting  opinion in the 1974 neuclear test case. Principle 15 of Rio declaration states that, “in order to protect the environment, the precautionary approach shall be widely applied by states according  to there capabilities.” So that, undeveloped but potentially victim countries should  have costly  measures  to  prevent ‘Environmental degradation’. In  this way, several other legal norms also were formed to its aid. 

Afterwards, recognition has also emerged of the special responsibility of developed states in the process  of  environmental  protection, so that developed countries would have the lead  in combating climate change. Later there comes the topic of “sustainable development regarding the development of international environmental law. Another  principle, which is more widely accepted in some countries –

“The costs of pollution  should be paid by the polluter.” Malcolm Shaw equally suspects, whether or how far it would actually be applied. Later Malcolm Shaw discusses the topic as being  entitled with “Atmospheric pollution”. OECD has defined pollution as to employ  energy into  environment  which takes a heavy  toll of life, endanger  human  health . The core  obligation in customary international law with regard to atmospheric air pollution . It means no state has the right to use or permit the  use  of its territory in such a way as to cause injury  by fumes to another state. Malcolm Shaw  also  provides the obligation undertaken by the Geneva Convention that, “States shall endeavor  to limit  ……and  prevent  air pollution including long range transboundary air pollution.” He adds, “the question of state  liability for damage …..is not addressed.” Later Malcolm Shaw depicts  the names  of  several  protocols  that  were  adopted  by the contracting parties  of the convention in order to monitor  and evaluate the long –range transmission of air pollutions in Europe. Malcolm Shaw  has maintained  specially of ‘protocols of 1985’, ‘1988’ and also ‘protocols  of 1994’ specifying  sulphur  emission cillings  for parties for the years 2000,2005 and 2010. Malcolm   also  adds that  the ‘Article 212’ of ‘the Law  of  the  Sea’ convention of 1982 requires states to adopt laws and regulations to prevent, reduce and control  atmospheric pollution of  the marine environment, although no specific  standards are set. In this way, Malcolm Shaw has  just brought  about the factual perspectives of the environmental pollution, and  hints about the condition regarding their implementation. Admittedly, he doesn’t go on to give  any further  suggestion or steps regarding the discussed issues.

          Copyright © 2015 by Rumana Reza                                                                                             

 

                                                                                                             

Sustainable Development

                           Author : Rumana Reza    

Introduction:

International system depends on a complex set of interactions between people, economic systems and the natural environment. The rapid growth of the 21st century has affected these relationships, both positively and negatively. Too much pollution has put great stress on the environment. Economic growth has created huge wealth in some areas of the world, but left others behind. That’s why we see the word “sustainable development” everywhere these days. To understand the essential elements that support healthy societies and a healthy planet, we have to know about it. This assignment will try to explain the term, known as sustainable development and also examine the complex relationships between the economy, society and the environment.

 What is sustainable development:

There are so many definitions on sustainable development. Simply, we can define it as a linkage among economy, society & environment. Moreover, it’s a process which is maintaining a delicate balance between the human need to improve lifestyles and feeling of well-being on one hand, and preserving natural resources and ecosystems, on which we and future generations depend. It doesn’t imply in any encroachment upon national sovereignty.

            

History of sustainable development:

 In 1960’s, to give a concept on sustainable development, at first, Arthur Lewis focused on development. According to him, when people achieve the power to select with own choice then it’d be called as development. He also admitted that using of nature and environment at different ways is the other name of development. In 1970, sustainability was known as a equilibrium with basic ecological support system. In 1987, under the direction of  Norway’s ex prime minister Brundtland , the United Nations released the Brundtland  Report, which defines sustainable development as 'development which meets the needs of the present without compromising the ability of future generations to meet their own needs.'^[1]

Types of Sustainable Development:

Conceptually sustainable development has three parts:

                                1. Economically sustainability

                                 2. Social sustainability

                 

                                3.Environmental sustainability

But there is a debate on the types of sustainable development. According to scholars who work on indigenous people, say that it has 4 pillars:

        1. Economical

        2. Social

        3. Environmental

        4. Cultural bio-diversity

Sustainable Development  and Economic Growth:

Every economy must use some nonrenewable resources, but sustainable development implies conservation or recycling of these resources and greater reliance on renewable. On the consumption side, an important distinction must be drawn between wants and needs. In contrast to the standard economic paradigm, in which “dollar votes” command the marketplace and determine which goods are to be produced, sustainable development implies putting a priority on supplying basic needs before luxury goods. Also in contrast to standard economic growth theory, sustainability implies limits to macroeconomic scale. Rather than projecting rates of growth indefinitely into the future, some maximum level is postulated based on the carrying capacity of the area. This in turn implies a maximum level of population above which carrying capacity—the level of population and consumption that can be sustained by the available natural resource base—will be exceeded and living standards must fall.

Population and Sustainable Development:

For developing economies with rapid population growth rates, it means that limiting population growth is a critical element in successful development. For industrialized economies, the role of population is different. In much of Europe and in Japan, population has stabilized, and for countries such as Germany and Russia concern has shifted to an emerging pattern of population decline. In the United States, however, population increase continues to put pressure on both national and global ecosystems. U.S. per capita consumption means that each additional U.S. resident creates several times the additional resource demand of, for example, an additional resident of India. This means that population policy must be an essential element of sustainable development. Population policy must include elements of education, social policy, economic policy, and health care, including contraceptive availability, and often runs into conflict with established religious and social mores. Still, this difficult area, generally little considered in standard economic development models, is crucial for sustainability.

Agriculture and Sustainable Development:

Modern food production is based on input-intensive agriculture, meaning that it depends heavily on additional fertilizer, pesticides, water for irrigation, and mechanization. All of these in turn depend on fossil fuel energy.

Traditional agriculture, based on solar energy, animal power, and human labor, has generally produced lower yields than modern agriculture. The concept of sustainable agriculture combines elements of traditional and modern techniques. It emphasizes maximum use of renewable resources such as crop wastes and animal manure, as well as crop rotation, intercropping of different plant types, agro forestry, efficient irrigation, minimum-till techniques, and integrated pest management. It is still an open question whether this form of agriculture can equal the yields achieved with input-intensive techniques, but its environmental impacts are less damaging, or even beneficial to the environment.

Energy and Sustainable Development:

A similar issue arises as to whether renewable energy sources (including solar energy) have the capacity to replace fossil fuel dependence. The challenge is a daunting one, because renewable now supply less than 10 percent of energy in the industrialized nations. The picture is different in developing nations, where a large portion of current energy supply comes from biomass (wood, plant, and animal wastes). Efficient use of biomass and maintenance of forest resources can thus play an important role in energy policy.. The industrialized nations now account for three-quarters of global energy use (though only one-quarter of global population), increased energy consumption in developing nations could possibly be offset by reductions in rich nation energy use. Negotiations over global climate policy suggest that such a Trade off may be essential to reduce overall human impacts on the world’s climate.

Sustainable Management for Natural Resources:

Sustainable natural resource management implies a combination of economic and ecological perspectives. The economic theory of natural resource management shows how many management systems for resources such as forests and fisheries can lead to depletion or even extinction of the resource. Proper incentives and institutions can promote sustainable management. Current management systems for many of the world’s fisheries and forests, however, are far from sustainable. In the area of industrial pollution management the standard economic approach is to analyze the costs and benefits of various forms of pollution control to determine an economically optimal policy. But it is insufficient for sustainability. The best pollution control policy can be overwhelmed by growth in pollution-generating activities, especially those that produce cumulative pollutants. Attention has therefore begun to focus on the new concept of industrial ecology as a more comprehensive approach to pollution control.. The application of industrial ecology techniques has potential both for restructuring existing industrial systems and for economic development in Latin America, Asia, and Africa. In all these areas, sustainable development offers a new theoretical paradigm different from the standard economic approach

Criticism:

Though the concept of sustainable development was highly appreciated   but critics also criticized it for some rising issues:

        ■    Some scholars say that this concept acting as trump card for developed countries. They’re interfering in LDCs national politics and direct them directly or indirectly in the name of sustainable development. So, this concept mostly serves those developed counties’ purpose.

        ■   Foreign direct investment has been studied for its impacts on development and its impacts on environment but rarely for both at the same time. Despite an occasional nod to the environment, development scholarship as a whole tends to focus on economic goals—growth, industry upgrading, or poverty alleviation. Environmental analysts, on the other hand, often take the economic benefits (or costs) of foreign direct investment (FDI) as a given and seek to uncover evidence of negative or positive externalities for the natural environment.

        ■   The IT industry poses risks to occupational and community health stemming from the highly toxic chemicals used in production and assembly. At the center of all IT products is a microchip—a highly manufactured silicon wafer on which hundreds or even thousands of transistors have been etched. Beyond water and energy, microchip fabrication requires an intensive use of a wide variety of solvents, acid solutions and alcohol. A survey by the US EPA in 1995 listed thirty-one categories of chemicals used in photolithography alone, one of the last stages of manufacturing.

        ■   “ U.N. agencies have documented the region’s growing problems with air, soil, and water contamination, the result of urbanization and the modernization of agriculture. Working Group studies documented and analyzed the environmental track record in specific countries and sectors:

             • El Salvador has shifted from an agro-exporter to a labor exporter, with benefits to the rural environment as land pressures eased but with heavy costs in urban areas.

             • Central America as a region has seen demand grow for some of the agricultural products – bananas, sugar, melons – that impose the heaviest environmental costs.

             • Mexico has transformed itself from a resource-dependent, closed economy to an export-driven manufacturer, but weak environmental enforcement has allowed rising levels of air pollution and unsustainable resource use.

             • Brazil has seen rising demand for agro-exports, such as soy, but the expansion threatens fragile lands and ecosystems.

             • Argentina has benefited from imported technology through liberalization, but the environmental record has been mixed, with some improved practices in industry and agriculture but little institutional capacity to spread such benefits.

             • Chile has been the only country in the hemisphere to see faster growth rates, but its dependence on natural resource-based exports has increased.” 2

 Planning for sustainability:              

In that respect, there is now a gathering consensus about what “planning for sustainability” means in practice. In broad terms, it should:

• focus on specific sustainable outcomes and improving quality of life

• promote the highest quality development and most beneficial land use in the most appropriate locations at the right time

• prevent inappropriate development

• ensure prudent use of natural resources

• integrate social, economic and environmental benefits – win-win outcomes

• provide a longer term perspective

• protect critical natural capital; avoid, or if not possible, minimize environmental damage

• include new techniques for assessing and calculating the longer term impacts of development

• be better resourced, with better training for planners and local councilors

• be based on a strong national framework

 Conclusion:

 

 Nothing is out of criticism; every concept has both positive and negative impacts.

We have to try to achieve the best one. “It is believed that in order to avoid these obstacles the General System of Green Preferences (SIGPREVERDE is the Spanish acronym) should be established and made available to developing countries only.”3 But it’d be not fruitful if we abuse or misuse our opportunities. Moreover, we can say, there are lots of obstacles that every country more or less has to face. But the gainers are those countries who deal all the obstacles with strong policy making. Sustainable development isn’t curse for them ; it’s a  chance to try to change their fate .

Reference: 

1. Our Common Future: Report of the World Commission on Environment and Development

2. Globalization & the Environment: Lessons from the Americas 

                         The Henreich Boll Foundation North America, Page-10

                    3. The Relationship between Trade & Sustainable development of                     Agriculture in Central America

                   By Carlos Pomareda & Carlos Murillo, page-15RRRr

   Copyright © 2015 by Rumana Reza (Aurny)