2014SSRN Electronic JournalOpen access

Human Rights Approach to Sustainable Development

Rashmi Nagpal

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Abstract

The Present day consensus reflects three foundational aspirations. First, that human beings should be able to enjoy a decent quality of life, second, that humanity should become capable of respecting the finiteness of the biosphere, and third, that neither the aspiration for good life, nor the recognition of biophysical limits should preclude the search for greater justice in the world. In a planetary system of finite resources, human activities motivated by an attitude of rampant consumerism and unsustainable patterns of production and consumption have never been as inhuman and callous towards environment as in the modern era of scientific and technological innovations. Man’s greed attacks nature, environment and ecology and wounded nature backlashes on the human future. During the past few decades numerous incredible and devastating events have focused the domestic and global attention to the impending danger of environmental devastation, the depletion of resources, and a massive extinction of species. Issues such as climate change, trends in global warming, ozone depletion, acid rain, deforestation, desertification, toxic wastes and loss of biological diversity have resulted in increasing global awareness of the problems facing the planet earth. An unprecedented rise in human population has overburdened ecological and social systems. The foundations of global security are threatened. The global concern has been aptly echoed in the preambular assertion made at the Earth Summit in the year 1992.Humanity stands at a defining moment in history. We are confronted with a perpetuation of disparities between and within nations, a worsening of poverty, hunger, ill health and illiteracy, and the continuing deterioration of the ecosystems on which we depend for our well-being. Earth’s resources are finite and there are ecological limits to growth which, unless we alter our ways, will sooner rather than later be exhausted. Environmental crisis involves social, political and economic aspects and also poses a philosophical problem. The most vital task is to build an environmental ethics that constructs an adequate theory of intrinsic value of nature as a whole. Many theorists therefore suggested that environment management be approached from a human rights perspective. It is undeniable that the ecological balance is disturbed by human activity, yet humans are the ultimate victims of such degradation and therefore approaching environment management from a human rights point of view would go a long way in tackling the ecological concerns. Additionally, such an approach would help solve the aforementioned problems as human rights represent a core space which the State is obliged to respect and help effectively realise the concept of sustainable development was placed on the international agenda with the release of the report Our Common Future by World Commission on Environment and Development (Brundtland Report) in 1987, where it was envisaged that Human survival and well-being depends on success in elevating sustainable development to a global ethic. While economic development should not be allowed to take place at the cost of ecology or by causing widespread environment destruction and violation; at the same time the necessity to preserve ecology and environment should not hamper economic and other developments. Both development and environment must go hand in hand, in other words, there should not be development at the cost of environment and vice-versa, but there should be development while taking, due care and ensuring the protection of environment. To resolve this issue, the experts worldwide have come up with a doctrine called ‘sustainable development’ i.e. there must be a balance between development and ecology. In the past several years the field of sustainable development has shifted to an integration of international economic, social and environmental law with the goal of reducing poverty in developing nations.Ever since man came on this earth, there has been an in born and intrinsic tendency to save his person and property. Expressed differently, the protection of one's person and property is inherent in the nature of man. Human rights are those rights, which any human being on this earth must enjoy because of his being a human being. The most fundamental of all rights is threatened by environmental degradation and unsustainable development -- the right to life. Right to life being foremost human right implicates right to live without deleterious and perilous invasions of pollution, environmental degradation and ecological imbalances. Environment today is no longer a scientist's esoteric but one of the paramount legal concerns, jurist's curative commitments and focal agenda of modern socio-legal order. A legal system, therefore, is expected to rise to creative heights to indoctrinate environmentalism, deep ecological values and eco-centrism to augur an equitable and sustainable socio-legal regime.

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What this paper is about

The Present day consensus reflects three foundational aspirations. First, that human beings should be able to enjoy a decent quality of life, second, that humanity should become capable of respecting the finiteness of the biosphere, and third, that neither the aspiration for good life, nor the recognition of biophysical limits should preclude the search for greater justice in the world. In a planetary system of finite resources, human activities motivated by an attitude of rampant consumerism and unsustainable patterns of production and consumption have never been as inhuman and callous towards environment as in the modern era of scientific and technological innovations. Man’s greed attacks nature, environment and ecology and wounded nature backlashes on the human future. During the past few decades numerous incredible and devastating events have focused the domestic and global attention to the impending danger of environmental devastation, the depletion of resources, and a massive extinction of species. Issues such as climate change, trends in global warming, ozone depletion, acid rain, deforestation, desertification, toxic wastes and loss of biological diversity have resulted in increasing global awareness of the problems facing the planet earth. An unprecedented rise in human population has overburdened ecological and social systems. The foundations of global security are threatened. The global concern has been aptly echoed in the preambular assertion made at the Earth Summit in the year 1992.Humanity stands at a defining moment in history. We are confronted with a perpetuation of disparities between and within nations, a worsening of poverty, hunger, ill health and illiteracy, and the continuing deterioration of the ecosystems on which we depend for our well-being. Earth’s resources are finite and there are ecological limits to growth which, unless we alter our ways, will sooner rather than later be exhausted. Environmental crisis involves social, political and economic aspects and also poses a philosophical problem. The most vital task is to build an environmental ethics that constructs an adequate theory of intrinsic value of nature as a whole. Many theorists therefore suggested that environment management be approached from a human rights perspective. It is undeniable that the ecological balance is disturbed by human activity, yet humans are the ultimate victims of such degradation and therefore approaching environment management from a human rights point of view would go a long way in tackling the ecological concerns. Additionally, such an approach would help solve the aforementioned problems as human rights represent a core space which the State is obliged to respect and help effectively realise the concept of sustainable development was placed on the international agenda with the release of the report Our Common Future by World Commission on Environment and Development (Brundtland Report) in 1987, where it was envisaged that Human survival and well-being depends on success in elevating sustainable development to a global ethic. While economic development should not be allowed to take place at the cost of ecology or by causing widespread environment destruction and violation; at the same time the necessity to preserve ecology and environment should not hamper economic and other developments. Both development and environment must go hand in hand, in other words, there should not be development at the cost of environment and vice-versa, but there should be development while taking, due care and ensuring the protection of environment. To resolve this issue, the experts worldwide have come up with a doctrine called ‘sustainable development’ i.e. there must be a balance between development and ecology. In the past several years the field of sustainable development has shifted to an integration of international economic, social and environmental law with the goal of reducing poverty in developing nations.Ever since man came on this earth, there has been an in born and intrinsic tendency to save his person and property. Expressed differently, the protection of one's person and property is inherent in the nature of man. Human rights are those rights, which any human being on this earth must enjoy because of his being a human being. The most fundamental of all rights is threatened by environmental degradation and unsustainable development -- the right to life. Right to life being foremost human right implicates right to live without deleterious and perilous invasions of pollution, environmental degradation and ecological imbalances. Environment today is no longer a scientist's esoteric but one of the paramount legal concerns, jurist's curative commitments and focal agenda of modern socio-legal order. A legal system, therefore, is expected to rise to creative heights to indoctrinate environmentalism, deep ecological values and eco-centrism to augur an equitable and sustainable socio-legal regime.

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Available abstract

The Present day consensus reflects three foundational aspirations. First, that human beings should be able to enjoy a decent quality of life, second, that humanity should become capable of respecting the finiteness of the biosphere, and third, that neither the aspiration for good life, nor the recognition of biophysical limits should preclude the search for greater justice in the world. In a planetary system of finite resources, human activities motivated by an attitude of rampant consumerism and unsustainable patterns of production and consumption have never been as inhuman and callous towards environment as in the modern era of scientific and technological innovations. Man’s greed attacks nature, environment and ecology and wounded nature backlashes on the human future. During the past few decades numerous incredible and devastating events have focused the domestic and global attention to the impending danger of environmental devastation, the depletion of resources, and a massive extinction of species. Issues such as climate change, trends in global warming, ozone depletion, acid rain, deforestation, desertification, toxic wastes and loss of biological diversity have resulted in increasing global awareness of the problems facing the planet earth. An unprecedented rise in human population has overburdened ecological and social systems. The foundations of global security are threatened. The global concern has been aptly echoed in the preambular assertion made at the Earth Summit in the year 1992.Humanity stands at a defining moment in history. We are confronted with a perpetuation of disparities between and within nations, a worsening of poverty, hunger, ill health and illiteracy, and the continuing deterioration of the ecosystems on which we depend for our well-being. Earth’s resources are finite and there are ecological limits to growth which, unless we alter our ways, will sooner rather than later be exhausted. Environmental crisis involves social, political and economic aspects and also poses a philosophical problem. The most vital task is to build an environmental ethics that constructs an adequate theory of intrinsic value of nature as a whole. Many theorists therefore suggested that environment management be approached from a human rights perspective. It is undeniable that the ecological balance is disturbed by human activity, yet humans are the ultimate victims of such degradation and therefore approaching environment management from a human rights point of view would go a long way in tackling the ecological concerns. Additionally, such an approach would help solve the aforementioned problems as human rights represent a core space which the State is obliged to respect and help effectively realise the concept of sustainable development was placed on the international agenda with the release of the report Our Common Future by World Commission on Environment and Development (Brundtland Report) in 1987, where it was envisaged that Human survival and well-being depends on success in elevating sustainable development to a global ethic. While economic development should not be allowed to take place at the cost of ecology or by causing widespread environment destruction and violation; at the same time the necessity to preserve ecology and environment should not hamper economic and other developments. Both development and environment must go hand in hand, in other words, there should not be development at the cost of environment and vice-versa, but there should be development while taking, due care and ensuring the protection of environment. To resolve this issue, the experts worldwide have come up with a doctrine called ‘sustainable development’ i.e. there must be a balance between development and ecology. In the past several years the field of sustainable development has shifted to an integration of international economic, social and environmental law with the goal of reducing poverty in developing nations.Ever since man came on this earth, there has been an in born and intrinsic tendency to save his person and property. Expressed differently, the protection of one's person and property is inherent in the nature of man. Human rights are those rights, which any human being on this earth must enjoy because of his being a human being. The most fundamental of all rights is threatened by environmental degradation and unsustainable development -- the right to life. Right to life being foremost human right implicates right to live without deleterious and perilous invasions of pollution, environmental degradation and ecological imbalances. Environment today is no longer a scientist's esoteric but one of the paramount legal concerns, jurist's curative commitments and focal agenda of modern socio-legal order. A legal system, therefore, is expected to rise to creative heights to indoctrinate environmentalism, deep ecological values and eco-centrism to augur an equitable and sustainable socio-legal regime.

Key concepts: Desertification, Environmental ethics, Human rights, Political science, Poverty, Population, Global warming, Environmentalism

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