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The Principle of Sustainable Development under International Law. Challenges and Prospects

Title: The Principle of Sustainable Development under International Law. Challenges and Prospects

Master's Thesis , 2021 , 147 Pages , Grade: A

Autor:in: Kelly Ngeche Tanyi (Author)

Politics - Environmental Policy
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Summary Excerpt Details

This thesis critically examines the Principle of Sustainable Development under International Law and unravels the challenges to its realization and the prospects. The ambiguous nature of sustainable development has led to different or a multitude of interpretations over which conflicts arose over sustainability and how it can be achieved without destroying the environment or hurt the economic growth or activities of a country. This thesis further discusses the need to strive towards a balance between environmental sustainability and economic growth.

This work adopts qualitative and doctrinal research methods, based on content analysis of primary and secondary sources. The concept of sustainable development has undergone various developmental phases since its introduction. The historical development of the concept saw participation of various organizations and institutions, which nowadays work intensely on the implementation of its principles and objectives. The concept has experienced different critiques and interpretations over the time while being accepted in different areas as human activity “sustainable development”, caps a whole series of unresolved debates on development, the environment, and the definition of sustainable development has become one of the most cited definitions. This work gives an in depth analysis of the problems affecting sustainable development. It also considers the impact of economic constraints on the environment taking into account the social aspects as well as the over-use of natural resources. Thus, attention is paid to issues related to whether some forms of development are compatible with environmental protection.

Excerpt


Table of Contents

1. GENERAL INTRODUCTION

1.0. INTRODUCTION

1.1. Background To The Study

1.2. Statement Of The Problem

1.3. Research Questions

1.4. Research Methodology

1.5. Objectives of the Research

1.6. Significance of the Study

1.7. Justification for the Study

1.8. Limitations of the Study

1.9. Literature Review

1.10. Gaps in the Literature

1.11. Theoretical Framework

1.12. Scope of Study

1.13. Definition of Key Terms/ Operational Definitions

1.14. Synopsis of Chapters

2. GENERAL OVERVIEW OF THE CONCEPT OF SUSTAINABLE DEVELOPMENT

2.0. INTRODUCTION

2.1 MEANING, NATURE, AND ORIGINS OF THE CONCEPT OF SUSTAINABLE DEVELOPMENT

2.1.1 The meaning of sustainable development

2.1.2 The origin and nature of sustainable development

2.2 MANIFESTATIONS OF THE CONCEPT OF SUSTAINABLE DEVELOPMENT UNDER INTERNATIONAL LAW: TREATIES AND CONVENTIONS

2.3 PRINCIPLES UNDERLYING THE CONCEPT OF SUSTAINABLE DEVELOPMENT

2.3.1 Sustainable utilization and conservation of natural resources

2.3.2 Integration of environmental protection and economic development

2.3.3 Inter-generational equity

2.3.4 Intra-generational equity

2.3.5 Common but differentiated responsibility

2.3.6 Principle of Public Participation and Access to Information and Justice

2.3.7 Environmental Impact Assessment (EIA)

2.4 APPLICABLE MECHANISMS TO ACHIEVING SUSTAINABLE DEVELOPMENT

3. THE CHALLENGES TO ACHIEVING SUSTAINABLE DEVELOPMENT

3.0. INTRODUCTION

3.1 ACHIEVING SUSTAINABLE DEVELOPMENT ON THE BASIS OF THE BRUNDTLAND REPORT:HOW FEASIBLE

3.1.1 Alleviating poverty to achieving sustainable development

3.1.2 The need for renewed economic growth

3.1.3 Mutual or conflicting interests? The logic of resource development

3.2 SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL PROTECTION

3.2.1 Different perspectives to sustainable development between developed and developing countries

3.2.2 Development or environmental protection?

3.3 OTHER CHALLENGES TO REALIZING THE CONCEPT OF SUSTAINABLE DEVELOPMENT

3.3.1 Sustainable development is part of the international lexicon, but the concept remains too amorphous to be clearly defined, hence implemented

3.3.2 Poverty

3.3.3 Resistance of powerful nations to comply with environmental policies

4. PROSPECTS: IS THERE A FUTURE FOR SUSTAINABLE DEVELOPMENT?

4.0. INTRODUCTION

4.1 HOW SUCCESSFUL IS THE CONCEPT OF SUSTAINABLE DEVELOPMENT?

4.1.1 Successes achieved through the concept of sustainable development

4.1.2 Shortcomings of the concept of sustainable development

4.2 WHAT FUTURE FOR SUSTAINABLE DEVELOPMENT?

5. SUMMARY OF FINDINGS, RECOMMENDATIONS AND CONCLUSION

5.0. INTRODUCTION

5.1 SUMMARY OF FINDINGS

5.2 RECOMMENDATIONS

5.2.1 Engaging in different models to the concept

5.2.2 Adopting continuous innovation and the adoption of environmentally sound technologies

5.2.3 Embracing environmental ethics for sustainable development

5.2.4 Education for environmental sustainability and sustainable development

5.2.5 Promoting environmental justice for sustainable development

5.2.6 Efforts to be made by State Governments

5.3 CONCLUSION

Research Objective and Scope

This thesis examines the Principle of Sustainable Development within the framework of International Law, seeking to identify the inherent challenges to its realization and explore potential future prospects and policy improvements. The analysis bridges the gap between environmental protection goals and the economic development needs of states, particularly within a developing context like Cameroon.

  • The ambiguity of the "sustainable development" definition and its impact on policy implementation.
  • The theoretical foundations underpinning sustainable development, including Utilitarianism and Natural Law theory.
  • The tension between global environmental protection and the developmental priorities of nations.
  • Evaluation of international environmental treaties and domestic legal frameworks in Cameroon.
  • Strategic recommendations for integrated policy-making, including economic reforms and environmental ethics.

Excerpt from the Book

3.1.1. Alleviating poverty to achieving sustainable development

The Brundtland Report drew particular attention to situations in which poor people are forced, by their immediate need to survive, into adopting strategies which undermine the prospects for long term, sustainable growth. “Poverty itself pollutes the environment ... Those who are poor and hungry will often destroy their immediate environment in order to survive. They will cut down forests; their livestock will overgraze grasslands; they will over use marginal land; and in growing numbers they will crowd into congested cities. The cumulative effect of these changes is so far reaching as to make poverty itself a major global scourge ... A world in which poverty is endemic will always be prone to ecological and other catastrophes.”

The Commissioners argued that the environmental consequence of poor peoples’ activities is a matter of global concern. Thus, argued the Commissioners, the survival of all rests on eradicating the poverty which drives the most vulnerable into ecologically destructive lifestyles.

The view that poverty is a major cause of environmental degradation is open to criticism. For example, in many instances it is the expansion of commercial agriculture by relatively affluent capitalist entrepreneurs which degrades the environment, either directly, by expansion into forest land or indirectly, by driving poor people off their land and onto marginal land under the pressure of market forces. In both situations, the root ofenvironmental destruction lies in the expansion of commercial agriculture and not simply in the phenomenon of poverty.

Summary of Chapters

CHAPTER ONE: Provides an introduction covering the research background, the statement of the problem, research questions, methodology (qualitative and doctrinal), and the scope of the thesis.

CHAPTER TWO: Explores the concept of sustainable development under international law, detailing its origins, manifestations in treaties and conventions, and key underlying principles.

CHAPTER THREE: Discusses the major challenges in achieving sustainable development, focusing on poverty, economic growth, and the tension between environmental protection and development.

CHAPTER FOUR: Analyzes the prospects for sustainable development, evaluating successes, shortcomings of the concept, and potential future paths toward global sustainability.

CHAPTER FIVE: Presents a final summary of findings, offers policy recommendations for improving the application of sustainable development, and concludes the work.

Keywords

Sustainable Development, International Environmental Law, Brundtland Report, Environmental Protection, Economic Growth, Global Sustainability, Poverty Alleviation, Environmental Justice, Biodiversity, Climate Change, Natural Resources, Legal Framework, Cameroon, Rio Declaration, Inter-generational Equity.

Frequently Asked Questions

What is the central focus of this thesis?

The research critically examines the principle of sustainable development under International Law, analyzing its ambiguous definition, practical challenges, and potential for future implementation.

What are the primary thematic fields covered?

The work covers environmental law, international policy, the intersection of economic development and environmental protection, and the role of social equity in achieving sustainable goals.

What is the primary objective of this work?

The objective is to provide a critical appraisal of sustainable development as a legal principle and to identify why, despite global recognition, its implementation faces significant obstacles.

Which scientific methods are employed?

The study utilizes qualitative and doctrinal research methods, relying on content analysis of primary sources (treaties, reports, case laws) and secondary sources (journals, books, and interviews with stakeholders).

What distinguishes the main part of the thesis?

The central analysis addresses the historical evolution of the concept, its integration into various legal instruments, and the critical evaluation of tensions between developed and developing world perspectives.

Which keywords characterize this work?

Key terms include Sustainable Development, International Environmental Law, Brundtland Report, Economic Growth, Environmental Ethics, and Poverty Alleviation.

Specifically, how does this work address the context of developing nations?

The thesis contrasts the economic development trajectory of the "North" with the "South," highlighting how poverty in developing regions complicates traditional top-down environmental protection strategies.

What unique conclusion does the author reach?

The author concludes that sustainable development is currently inadequate because it often neglects the foundational role of environmental ethics, suggesting that without deep structural and ethical changes, environmental protection remains "high sounding rhetoric."

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Details

Title
The Principle of Sustainable Development under International Law. Challenges and Prospects
College
University of Buea
Course
LLM PUBLIC LAW
Grade
A
Author
Kelly Ngeche Tanyi (Author)
Publication Year
2021
Pages
147
Catalog Number
V1337196
ISBN (PDF)
9783346838179
ISBN (Book)
9783346838186
Language
English
Tags
Sustainable development principle of sustainable development challenges and prospects of sustainable development
Product Safety
GRIN Publishing GmbH
Quote paper
Kelly Ngeche Tanyi (Author), 2021, The Principle of Sustainable Development under International Law. Challenges and Prospects, Munich, GRIN Verlag, https://www.grin.com/document/1337196
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