CHAPTEK Green Governance:

CHAPTER

Sustainable Human
7 Development
Jeetendra Kumar Pandey and Sonali Chitalkar

Abstract
Cases of environmental degradation and cultural marginalization of
traditional societies are universal in the face of deforestation, and
severe pollution of rivers, lakes and oceans. Urban, industrial and
mining centres in developing countries have become sites of extreme
pollution and a threat to human habitation. Such wide-ranging envi
ronmental and social breakdown casts a doubt on the capacity of
human society to sustain itself. To attain environmental sustainabil-

ity, society has to design activities to meet human needs as well as

preserve the life support system of the planet. Global environmental
effective model since envi-
governance is still in search of an ever

ronmental issues gained significance in the international agenda in

the 1970s.
****

Keywords
Sustainable Development, Human Development, Green Governance,
Environmental Degradation

INTRODUCTION

The concerns and priorities of development policy have been shifting in the
latter half of the twentieth century. Till the 1960s, the stress of development

policies was on making agriculture

more productive and undertaking rapid
industrialization. Inthe 1970s, the focus shifted towards the fulfillment of
education and employment for
basic needs like nutrition, sanitation, health,
the assumption that the fruits of
the majority, including the poor. However,
to the bottom of the economic pyramid
development would 'trickle down'
was under severe
doubt.

In the 1980s and 1990s,

there unprecedented emphasis
was on struc

tural adjustment which included targeted correction of imbalanced govern-

of public debt, streamlining bureaucracies and
ment budgets and reduction
amendment of
moving away from bureaucracy-centric development model,
142 CHAPTER 7
internal and ev
overvalued exchange rates, public sector disinvestment, exter
nal trade liberalization and so on. While gains of economic efficiency
ma
be due to such market-friendly development policies, these reforms, ho
ever, have possibly increased economic inequalities and hardships in me
remains between theha
eet-
A discord
ing the basic needs of the poorest. basic
needs approach and the market-led approach to development. While th
liberalized market-led development policies have been widely accepted h
these
a majority of economies and some countries have exhibited spectac
cular
growth rates and human development, there have been larger pockets of
slow or negative growth. As a result of theseliberalized market-led policies
the overall numbers of poor and malnourished people have remained high ies,
and income inequalities between regions and within regions have increased
ased.
SUSTAINABLE DEVELOPMENT: THE BASIC
CONCEPTUAL PREMISE
In the second half of twentieth century, it is evident that our
biosphere is
hovering around the tipping point where unsustainable human activity mav
threaten our future survival. Mankind is in acute need to align its
activities to
sustain the health of our biosphere. Sustainable development can be
seen as
a
socio-ecological organizing principle enabling us to manage our planet's
resources in a way that successive generations of human
society are able
to meet their needs without undermining the
of natural systems. To conserve
integrity, stability and beauty
biodiversity, considerable efforts have been
focused on preserving pristine environments where
human activities are
minimal. However, biodiversity conservation also involves
production landscapes, including rich sustainable practicessocio-ecological
and traditional
knowledge (Secretariat of the Convention of Biological
The concept of sustainable Diversity, 2010).
development
enced, in recent times, by the Brundtland
has been most deeply influ-
in Report
of 1987 which is rooted
twentieth-century concerns on
environment. The Commission, chaired
by Gro
Harlem Brundtland, was
UN General appointed in 1983 with the passing of the
Assembly Resolution 38/161-Process of
Environmental Perspective to the Year 2000
and
Preparation of the
Commission was Beyond. The
officially dissolved in December 1987 after Brundtland
Our Common
Future, also known as the Brundtland the release of
The definition(s) of sustainable Report.
land Commission is still seen development adopted by the Brundt
benchmark
as a
underlying it. Among the key elements is in defining the basic notions
opment. Brundtland, in the unity of environment and devel
ronment" is where Chairman's foreword, writes, 'But the
we all live; and "env
attempting improve our lot within "development"
to
that
is what we all do
m
(World Commission on abode. The two are
Environment and inseparaDi
Development, 1987). To this en
 Green Governance: Sustainable Human Development* 143

we appeal
zens' groups, to non-governmental organizations, to edu-
utions, and to the scientific community. They have all played
tional i n s t i t u t i

sable roles in the creation of public awareness and political change

i n d i s p e n s a b l e

hey will play a crucial part in putting the world onto sustain
The
past.
in the
development paths, in laying the groundwork for Our Common Future'
able
World Commission
(W
on Environment and Development, 1987). The Brundt
Commission oked
land Commission look at the environment beyond mere physicality and
environment as well. Development was seen as
fncluded the socio-politicai
included

countries couldameliorate their situation, but how the

n o t just
how p0orer
common situation.
can improve its
entire planet the Brundtland Report
development has been defined in
Sustainable the ability of
the needs of the present without compromising
as meeting of sustainable devel-
generations to meet their needs. The concept
ture limitations imposed
limits-not absolute limits but
does
opment does
opment imply environ-
and social organization on
state of technology
by the present the ability of the biosphere
to absorb the effects
and by
mental resources and social organization
can be both
activities. But technology
economic growth'
of human to make way for
a n e w era of
managed and improved 1987). This
Environment and Development,
on
(World
Commission
interpretations, and a multitude of
to varied
lends itself open coloured their own by
approach this approach
and groups supported lead to a situa-
organizations This may also
sustainable development.
interpretations of and compromised.
becomes self-defeating
tionwhere such open approach foundations for an evolving
Commission has set the
Thus, the Brundtland
Commission
global discourse.
the attention of the
which occupied secu-
The major
concerns
human population
growth, food
problems of resources,
of species and genetic
interconnected
were the loss
rate of anthropogenic Commission
stressed that these
rity, accelerating settlements. The
especially,
and human and in isolation,
energy, industry addressed individually level
could not be at the grass-roots
problems sustainable development also highlighted
the problem of ensuring gender equity. It
formulated rec
and encouraging existed and
poverty
without reducing limits to
economic growth
on this understanding.
environmental based
nat development not iden-
sustainable it did
for Commission,
ommendations
acknowledged by the activities that were

these limits were

and consumption
while kind of
production analysing
marker-ied

Rather than could be

uy the specific such growth
environment.

degrading the that

O S T acutely postulated sustainable

the Report requirements of

critically, m e e t the
Cgrowth to
panded in
scope
reformed and of the pres-
responsibility
the human
development. emphasizes
on
r e s o u r c e s
and
development natural and
ustainable maintain economy
and pillars-ecology,
regenerate
ent generation to
constituted
of three
habitat. It seems to be
144 * CHAPTER 7

equity-and sometimes a fourth pillar comprising culture, institutions

governance. Sustainable development is inclusive of the concept of hur tions or
ecology which incorporates the domain of human health. Fundamen
human needs like the availability of quality air, water, food and shelter.
seen as the ecological foundations for sustainable development. LOce
natural ecosystem services is a major public health risk and investmer of
its restoration is on the forefront of sustainable development. However
importance of natural ecosystem services within sustainable develone
inherently goes beyond mere human concerns and includes the wellLh pment
peing
of all species. Environmental sustainability, for example, entails usine wa
renewable energy and material supplies (ike harvesting wood from f water,
at a rate that maintains the biomass and biodiversity) sustainably.
ests
Sustainability requires that human activity only uses nature's resource
rces
at a rate at which they can be replenished naturally. Integral elementsfor s
a
sustainable development are research and innovation activities which aim
at defining and implementing a transformative agenda and flexible as el
well
as reversible systems. The concept of sustainable development has percep.
tually changed from conservation of the natural environment to a form of
economic development. Realization dawned in most parts of the world by
the 1960s that there was an immediate need to safeguard natural habitats
and to conserve water and soil. But the focus of the 1970s on basic human
needs, community participation and development of technology shifted the
emphasis away from conservation management. This new understanding
of sustainability beyond conservation management found expression in
the Brundtland Report, and the issue of environment shifted from local to
global levels. While conservationists thought in terms of sustainable yield
from renewable natural resources, the new approach stretched the concept
to sustainable use of non-renewable resources. Serious questions can be
raised about sustainable use of non-renewables especially in a world where
industrialization is almost fully dependent on earth's exhaustible stock of
minerals.

INSTITUTIONS AND ISSUES OF GLOBAL

ENVIRONMENTAL GOVERNANCE
The United Nations Environment Program (UNEP) was born after the United
Nations Conference on the Human Environment held in Stockholm in 1972.
The years since then have seen several rounds of discussion, negotiations and
ratifications of international agreements at the global as well as regional scale
The next major milestone was the United Nations Conference on Environ
ment and Development (UNCED), also known as the Earth Summit, held in
Rio de Janeiro in 1992, which brought in its wake Conventions on Biolog
Diversity (CBD), and Climate Change and Desertification. In the same yea
 Green Governance: Sustainable Human
Development* 145

ar UN institution, the Commission on Sustainable

ano nder the United Nations Economic and Social Development, was
creare has been immense growth in the number ofCouncil (ECOSOC).
Ther

that espouse the cause of environment or have

use th
global institutions
been specifically formed for
kind ofenvironmental
o
governance. While the effect of
be felt locally, the scale of their occurrence isenvironmental
ne
blems can be
problems often global
ean
ca addressed ettectively only through international
be
and

of a green economy to ensure the

cooperation.
reation
well-being, health andenviron-
of citizens and bitats can only be realized through internat
satety
greements.
menta agree A complete list of areas addressed by such agreements,
as compiled in the UNEP Register of environmental agreements, i5 pre
sented here (UNEP, 2005):
Air Transboundary air pollution
.Transboundary haze pollution
Animals Wild animals
Domesticated animals
Antarctica

Biological diversity
.Biosafety
Plant genetic resources
.Chemicals - Hazardous chemical
Chemicals at work
Chemical pollution at regional orsub-regional level
.Climate change
Desertification or drought
Energy
Enforcement
Environmental impact assessment
Fauna and flora
Fisheries - Sea or Living marine resources
International lakes and rivers
Aquaculture
Forests
Health and the environment
Heritage natural and cultural
-

Industrial accidents
Information (access to)
Justice (access to)
Landscape
Liability and compensation
Marine environment (for cross reference only)
Marine mammals
Military activities and the environment
146 CHAPTER 7

Mountains
resources
(regional)
Nature and natural material)
Nuclearmaterial (radioactive
sea
Oceans and seas Law of the-

Oil pollution
Seabed
Outer space
Ozone layer
Pest Locust control
Plants and plant protection
Public participation
Regional cooperation (general)
watercourses,
lakes (international/transboundan
Rivers, river basins,
than oil pollution)
Ships marine pollution (other
Wastes -
Hazardous wastes - global
Hazardous wastes -regional
Dumping at sea
Wetlands
.Workirng environment

The difference between a protocol, treaty and

convention

A protocol is an agreement that diplomatic negotiators formulate

and sign as the a final convention or
basis for treaty. The treaty itselt
for
may not be completed many years.
A treaty is an agreement where the parties to it negotiate to reach
common ground and avoid further conflict or disagreement. It 1s
nomally ratified by the law-making authority of the government
whose representative has signed it. In India, the President and tne
Parliament ratity treaties, whereas the Senate must ratify all treaties
the United States.
A convention begins as an international meeting of representatives
of many nations that results in general
agreement about the pro
cedures or actions wnicn they will take on
wetlands, endangered species, etc.) specific topics (e8

Global environme governance architecture

tive model ever since vironmental issues gained is still in search of
« an effec
tionalagenda in the 19705. The rapid march of a significance inthe interna
economies into a trajectory of greater number
PDopulated
nber of
of densely
1iheralization and globalization hasaccelerated
only increased the dens
magnitude
industrial-
consumption, ind
 Green Governance: Sustainable Human Development* 147

c o m p l e
-t of environmental degradation. While the key issues remain the
theurgency to address them is more pressing than ever
Ssano

evident
What is evi is that the before.
emerging
system of governance comprises
actors whose actions need to be mutually reinforcing and better
ultiple

muated, Without better integration of these multiple actors, organiza

ordin

C rearrangement cannot resolve institutional problems. This kind of pro-

ation has made the system of environmental
governance cumbersome
nfocussed. The complexity of present day's environmental threats like
te change and the responses to them prove that multiple channels of
lementation naturally emerge but can lack direction. Whether the sys-
i mature enough to reverse environmental degradation via strategic
direct
ections and normative guidance remains to be seen.
A Core part of this complex system of actors is the United Nations and
its various forums that eng4ge with sustainable development. For instance,
Agenda 21 is a comprenensive plan of action to be taken globally, nationally
and locally by organizations of the United Nations system, governments and
an
maior groups in every area in which humans impact the environment. It is
a non-binding and voluntarily implemented action plan initiated following
the Earth Summit.

ENVIRONMENTAL POLICY AND

CONSTITUTIONAL PROVISIONs IN INDIA
The division of environmental policymaking and allocation of environmental
functions amongst the central, state and local governments is regulated by the
Indian Constitution. The concern for environment is a recent development in
India and is largely a consequence of international treaties and protocols to
which India is a signatory. Thus, more than the Constitution of India, frame-
woTks for environmental policymaking can be found in laws enacted by the
state and through the judgements of the Supreme Court and various tribunals.
Under British rule, most environmental laws passed by the state were
forest laws. This was basically in tune with the British focus on the exploita-
tion of India's immense resources. Before the 1970s, the state was dominated
by development concerns and the problem of environmental degradation
took a backseat. In 1972, the United Nations Conference on Environment
in Stockholm highlighted that the survival of environment was a necessity
for the survival of mankind. This marked the beginning of modern develop-
ments in environmental law in India.
In India, the Water Prevention and Control otf Pollution Act was passed in
974. Some of the few important environmental legislations include:

The Wildlife (Protection) Act, 1972

The Environment Protection Act, 1986
The Biological Diversity Act, 2002
148 CHAPTER 7

Union and State Governments

union of federal system of governance. Th
states, has a
India, which is a
Union Parliament and state legislatures derive their powers from the Indiar
constitution. The division of governmental powers is made with reference
Schedule of the Constitution.
to three lists given in the Seventh
List-I or the Union List originally contained 97 Subjects over which the
Parliament has exclusive power to legislate. These include environmentallv
relevant subjects such as atomic energy and mineral resources; regulation
and development of interstate rivers, and river valleys and highways; ship-

ping and navigation in national highways; major ports; airways, aircraft and
air navigation; regulation of mines and mineral development; and develoop-
ment of oil fields.
The state legislatures have exclusive power to legislate with respect to
66 subjects originally enumerated in List- or the State-list. The environ-
mental subjects over which state legislatures can legislate include public
health and sanitation; agriculture; communication; preservation, protection,
and improvement of stock; prevention of animal diseases; water; land, etc.
Under List-III or the Concurrent List, the Parliament and state legisla-
ures have overlapping, concurrent and shared jurisdiction over 52 subjects

originally rangingfrom forests, protection of wild animals, and mines and

mineral development to population control and family planning, minor
ports, factories and electricity.
There are important provisions in the Indian constitution that tilt the
balance in favour of the Union. Article 248 confers the residuary power of
to
legislation on the Parliament. It grants the Parliament exclusive power
make law on any subject matter not covered by the state or concurrent lists.
Under Article 249 of the Constitution, the Parliament is also empowered
to legislate in 'national interest' on matters covered by the State-list. And it
there is any inconsistency between the law made by the Parliament under
Article 249 and law made by the state legislature, the legislation made by
the Parliament shall reign supreme. Further, the Parliament can enact laws
on state subjects for those states whose legislatures have consented to sucn
central legislation. Thus, though water is a state subject, Water (Prevent
and Control of Pollution) Act of 1974 was enacted by the Parliament, w
resolutions passed by 12 state legislatures.
To legislate on environmental matters, the Indian Parliament has relie
on two robust constitutional provisions-Article 253 and Article 51C
Article 253 empowers the Parliament to make laws for implementing any
treaty, agreement or convention with any other country/countries or
implementing any decision made at any international conference, assO
ation or other body. Article 51(c) mandates that the state shall endeavo
to foster respect for international law and treaty obligations. These
articles, therefore, arguably legitimize the Parliament to pry open LE
 Green Governance: Sustainable Human Development * 149

and enact laws on any entries contained in it, provided it is necessary for
the purpose of implementing the treaty obligations on India. In fact, two
major and vital Indian environmental laws, namely, the Air (Prevention
and Control of Pollution) Act of 1981 and The Environmental (Protection)
Act of 1986, have been enacted under these constitutional provisions.
In fact, there was no need of constitutional amendments because envi
ronmental and ecology bring residuary subjects fall within the Parlia-
ment's jurisdiction. Of course, cooperative federal consensus and action
is always pragmatically advisable. The preambles to both these laws state
the
that the statutes are enacted to implement the decisions reached at
United Nations Conference on Human Environment held at Stockholm
in 1972.

Local Government
Centre-State relations. Till
The Indian Constitution focuses mainly on
in Article 40 in Part
1992, it hardly talked about local government, except
the Constitution. Article 40 directs that
IV and the Seventh Schedule of
and endow them
the state shall take steps to organize village panchayats
be necessary to enable them to
with such powers and authority as may
function as units of self-government. Local government and village admin
which have to
istration is a in the State-list. Hence, it is the states
subject
In 1992, the seventy-third and seventy-fourth
set up local governments.
Eleventh and Twelfth Schedules to
Constitutional amendments added the
Schedule distributes powers between
the Constitution. While the Eleventh
the Twelfth Schedule distributes
the state legislature and the Panchayat,
Both schedules
between the state legislature and the municipality.
powers
contain environmental subjects.
The Panchayat can handle the issues of

Agriculture
conservation
Land improvement and soil
watershed development
Minor water management, and
irrigation,
Animal husbandry
Fisheries
Social forestry
Rural housing
Drinking water
Fuel andfodder
sources
Electricity and
non-conventional energy

of the municipality include:

Responsibilities
Town planning; construction of buildings;
and
Regulation of land-use
Roads and bridges;
150 * CHAPTER 7

industrial and commercial purposes;

Water supply for domestic,
Public health, sanitation and solid waste managenment;
and promotion of ecological
Urban forestry, protection of environment,
aspects;
Slum improvement and upgradation;
facilities such as parks and gardens:
Provision of urban amenities and s
to animals; and
Cattle ponds and prevention of cruelty
houses and tanneries.
Regulation of slaughter
Twelfth Schedules merely list suo.
It that the Eleventh and
warrants
functions for Panchayats and municipalities. The
gested environmental listed functions on
states are not obliged to
devolve all or some of these
local governments do perfom
the Panchayats and municipalities. However,
some environmental
functions such as public health and sanitation, garbage
collection and sewage.
Indian states with regard to
But there is considerable variation
across

functions discharged by the Pan-

the range and nature of environmental
of local governments in
chayats and municipalities. Hence, the actual role
environmental policy and management is weak. Municipal Council, Ratlam
vs. Vardhichand (1980) is the first
landmark Indian decision where a statu-
towards the protection of environment was
tory obligation of a civic body
categorically acknowledged. The Supreme Court compelled the municipal-
either fulfill its of providing a clean environment or face
obligation
ity to
the consequence of closure. The apex court rejected financial inability as
a ground for avoiding statutory obligation. It did not hesitate in reminding
the local authorities of their constitutional duty to provide an unpolluted
environment.
The Ganga pollution case of 1988 emphasized that the pollution of river
Ganga was affecting the life, health and ecology of the entire Indo-Gangetic
plain. The apex court had admonished that although the Parliament and
state legislatures have enacted many laws imposing duties on the central
and state bodies as wel as municipalities for preventing water pollution
many of these provisions have just remained on paper. Directions ot ts
judgement were sent to all the municipalities of the towns situated along
river Ganga. Hence, despite some unitary features, the Indian Constitutot
does reflect strong federal characters on matters related to environment. A
the level of implementation of environmental programmes, it is the locu

government which has quite a significant role.

National Green Tribunal Act, 2010 (NGT)
A special tribunal has been created to handle the expeditious disposa
cases pertaining to environmental issues. It draws inspiration from Indid
constirutional provision of Article 21, which assues the citizens of n
the right to a healthy environment. The Tribunal has original jurisdicu
 Green Governance: Sustainable Human Development* 151

afters of 'substantial question relating to environment' (i.e., when a

on
munity at large is attected or public health is damaged at a broader
C o m m u n i t y

nd 'damage
level)andd to environment due to specific activity' (such as pollu-
However, no specific method is defined by law to determine 'substan-
tion)

to environment, property or public health. Individual access is

tial'damage
stricted only if damage to environment is substantial. The powers of the
restr

Trbunal related to an award are equivalent to that of the Civil Court. The
Act $Decified that an application for dispute related to environment can be
alledwithin six months from the time when the dispute first arose. The Tri-
hunal is competent to hear cases for several legislations such as the Forest
Conservation) Act, Biological Diversity Act, Environment (Protection) Act,
and Water and Air (Prevention and Control of Pollution) Acts. The NGT
does not have powers to initiate suo motu action. The decision taken by
majority members shal be binding, and every order of the Tribunal shall be
deemed final. Any person aggrieved by an award, decision or order of the
Tribunal may appeal to the Supreme Court within 90 days of commence-
ment of the award.
The Constitution of India provides some articles related to the environ-
ment. These are listed in Table 7.1.

Table 7.1 Provisions in the Indian Constitution for Environment

Article Provisions
48(A) Directive to the state to protect the environment

51(A)g Fundamentalduty to protect the environment

246 Delineates the lists in the Constitution; environment largely is a concurrent subject

Empowers the Parliament to make laws for implementing India's international

253
obligations
to wholesome environment as a part of Right to Life
21 Right
Source: Adapted from The Constitution ofIndia

PARTICIPATION OF CIVIL SOCIETY IN

ENVIRONMENTAL GOVERNANCE
State-centric systems of environmental governance have largely dominated
global environmental initiatives. This has resulted in the inabilities of inter-
national environmental organizations to coordinate activities and that of
national governments to implement treaties. There has always been a need
to design governance structures in a way that draws non-governmental orga-
nizations (NGOs) in the loop of global-level environmental problem-solv-
The legitimacy of the international
ing, policymaking andimplementation.
decision-making bodies depends on their connectedness to communities
152 * CHAPTER 7

NGOs serve as important conduits enhan.

and people around the world.
this connection between the varied global populace and the internatg
has taken the
environmental governance bureaucracy. Civil society reach
of global environmental governance beyond the official domain of inter
to greater number of people and
national and national bureaucracies has
nature.
made the process truly global in
environmental governance, inputs
In every conceivable model of and
various capacities has a significant role A
participation of civil society in be conceived with
environment front cannot
meaningful action on the communities and civil societ
ut
stakeholders like At
active involvement of
the level of policymaking, implementation
and audit, the inputs of c
stakeholders is crucial to
successful environmental governance Th
society environmental governance can take varioue
involvement of NGOs in global us

forms (Charnovitz, 1996; Esty, 1998;

2002).
can facilitate negotiations by givino
Non-governmental organizations
ideas from outside the normal bureaucratic
politicians access to competing
Organizations such as
channels; they are important knowledge providers.
the World Resources Institute (WRD and IUCN - The World Conservation

Union specialize in providing up-to-date research and data on pressing

environmental issues. The Global Environment Outlook, produced by the
collaboration of an international
UNEP, is a good example of a formalized
organization and civil society.
The Millennium Ecosystem Assessment, launched by the then UN Sec-
retary General, Kofi Annan, was produced by a partnership of representa-
and civil
tives of international conventions, leaders from the private sector
and
society. It involved the work of more than 1,360 experts worldwide,
the findings have been compiled in five technical volumes and six synthesis
of the condition
reports. It provides a state-of-the-art scientific appraisal
and trends in the world's ecosystems, the services they provide (such
as

ana
clean water, food, forest products, flood control, and natural resources)
the options they use to restore, enhance the sustainable use
conserve or
of ecosystems (UNEP, 2005). After the Rio Summit of 1992, we have seen
an exponentially increasing involvement of NGOs in international policy
making. The United Nations Conference on Environment and Developme
(UNCED) Secretariat began the trend by relaxing the accreditation rules To

be
Different reports of the UNEP's Global Environment Outlook Report Series cat
viewed at <http://www.unep.org/GEO/index.htm. For more information about
2005,
Millennium Ecosystem Assessment, its activities, and publications, see UNE
ucsb.

Millenntum Ecosystem Assessment, 2005, accessed from <https://groups.ncedhe

edu/sustainability-science/2010%20weekly-sessions/session-5-2013-10.11.201 rom-

environmental-services-that-flow-from-natural-capital/supplemental-readings**
the-reader/MEA%20synthesis%202005.pdf/view> on 12 February 2017.
 Green Governance: Sustainable Human Development 153

NGOS to attend the conference. Agenda 21 affirmed that the commitment

nd genuine involvement of non-state actors is critical in achieving sustain-
able development goals.
Non-governmental organizations play a vital role in the shaping and
implementation of participatory democracy. Their credibility lies in the
responsible and constructive role they play in society. Formal and informal
organizations as well as grass-roots movements should be recognized as
partners in the implementation of Agenda 21 (UNCED, 1992). This trend
has been followed in successive world conferences and accreditation norms
for NGOs have been relaxed. In 2002, the World Summit on Sustainable
Development (WSSD) at Johannesburg saw the participation of almost
3.000 NGOs. These agencies are a permanent presence at multilateral envi-
ronmental agreements and negotiations, and many governments have reg-
ularly involved NGOs in their negotiation preparations and sometimes
negotiation delegations. This kind of practice is not universal, and some
governments oppose the participation of NGOs on the grounds of sover
eignty. Sometimes, governments may not want to foster a healthier NGO
sector for the fear of bolstering the political opposition. The survival and
operation of NGOs in an adverse policy environment is an important issue
for study. They have been crushed in some countries, but elsewhere they
have thrived on controversy. The role of NGOs in the environmental gov-
ernance is justified on the significant gaps they plug in the state-centric
systems.
NGOs often have much better analytical and technical skills as well
as capacity to respond more quickly than government officials. They
have played a crucial role in global environmental governance from
generating agendas, providing information and research for negotiations,
mobilizing public opinion, and implementing and monitoring them.
At the national level, NGOs have been involved in drafting national
strategies and regulations. They have even served as technical advisors
to governmental negotiations. They can influence the public through
campaigns and broad outreach. NGOs were key catalysts to the cre
ation of many conventions, including the Aarhus Convention on Public
Access (1998), Convention on International Trade in Endangered Species
of Wild Flora and Fauna (CITES) and the Convention on Biodiversity
a973). Even the creation of international environmental organizations,
such as the UNEP, the Global Environment Facility (1992) and the Com-
mission on Sustainable Development (1992) were partly due to active
etforts of civil society. Through awareness campaigns and education,
NGOs can apply the political pressure necessary to induce governments
to agree to international agreements. For example, in the international
campaign to ban landmines, a coalition of 1,400 NGOs from 90 coun-
tries, convinced 146 countries to sign a landmine ban in 1997 at a time
 154 * CHAPTER 7

when 52 countries were producing landmines and 2.5 million

were being laid each
landmin
year. The vigorous efforts of NGO networks led
the creation of the World Commission on Dams (2000) to set
norms
for
greater weighting of environmental and social impacts of dam buildin.
during the financial decision-making process. ng
Further, non-governmental agencies can help vocalize the interest.
of rests
or
persons not
groups well-represented
in policymaking. They are a
thekey implementers of environment and development programmesi
many developing countries. For example, in Chennai, india, the 'Ci
Exnoras' associations manage the primary waste collection for half a mil
lion people. The Rural Advancement Committee in Bangladesh has
a
17,000-member staff that works with more than three million people
in
rural communities and has established 35,000 schools. Internationalv.the
coalition of NGOs that form TRAFFIC plays a critical role in the imple
mentation of CITES, which is the wildlife monitoring network for the 1975
Convention on International Trade in Endangered Species of Wild Flora
and Fauna (CITES).
NGOs also help in the legitimization of global-scale decision-mak
ing mechanisms. They help broaden the base of information for deci
sion-making, improve the quality, authoritativeness and legitimacy of the
policy choices of international organizations. However, civil society may
develop its own ecosystem of interest groups and may work on their
own covert agenda which may result in policy distortions. In extreme
cases, interest groups within civil society may become subversive and
may derail economic development as well as the environmental agenda
without any accountability to their particular constituencies. Some gov-
ernments may also be wary of civil society groups usurping their sov
ereign powers. While there may be some truth in these misgivings, the
involvement of civil society groups imparts dynamism in the governance
process. They are especially important in situations where democratic
institutions are weak, inadequate and uninformed, particularly at the
grass-roots level. They also have the role of taking the global expertise ot
tackling environmental problems and issues to the grass roots and help
create a system of economic development that integrates environmental
and social goals.

PRIVATE-SECTOR PARTICIPATION IN GLOBAL

ENVIRONMENTAL GOVERNANCE
Conventionally, the private corporate sector has been seen as the source
of environmental degradation by undertaking industrial activities with s
nificant negative externalities. Transnational corporations, especially, na
 Green Governance: Sustainable Human Development* 155

name causing environmental

bad
a
degradation and moving their produc-
tion across countries with the lowest environmental standards. However,
in recent decades, the UN and the civil society see private corporations as
important partners and stakeholders in environmental governance through
their voluntary corporate social responsibility acts and capacity to lead
innovations. Corporate efforts have a leading role in the propagation of
clean technologies. It is also believed that well-designed and moderately
demanding regulations can inspire businesses to engage in viable, profit-
able, environmental-tfriendly innovations.
It is believed that for longer-term adaptations and innovations from
business and industry to happen, a stable policy regime is the basic pre
requisite. Increasing prosperity, a major goal of the development process,
is contributed primarily by the activities of business and industry. Business
enterprises, large and small, formal and informal, provide major trading
employment, and livelihood opportunities. However, without the incorpo
ration and integration of the green agenda in the operation of business and
industry, prosperity cannot make much headway.
Through cleaner production techniques and product life-cycle man-
agement, efficient production, minimization and avoidance of wastes, the
policies and operations of business and industry, including transnational
corporations, can play a major role in reducing impacts on resource use
and the environment. Technological innovations, development, applica-
tions, transfer, and the more comprehensive aspects of partnership and
cooperation are, to a very large extent, within the province of business and
industry.
The UN-led initiative seems to be optimistic regarding the role of
business sector and market mechanisms. Business and industry, including
transnational corporations, should recognize environmental management
as among the highest corporate priorities and as a key determinant to sus
tainable development. Some enlightened leaders of enterprises are already
implementing 'responsible care' and product stewardship policies and pro-
grammes, fostering openness and dialogue with employees and the pub-
lic and carrying out environmental audits and assessments of compliance
These leaders in business and industry, including transnational corpora-
tions, are increasingly taking voluntary initiatives, promoting, and imple-
menting self-regulations as well as greater responsibilities in ensuring that
their activities have minimal impacts on human health and the environment.
The in
regulatory regimes introduced many countries and the growing con
Sciousness of consumers and the general public and enlightened leaders of
business and industry, including transnational corporations, have all con-
tributed to this. A positive contribution of business and industry towards
sustainable development can increasingly be achieved by using economic
 156 CHAPTER 7

instruments like free-market mechanisms in which the prices of goods and

services should increasingly reflect the environmental costs of their inD
production, use, recycling and disposal, subject to country-specific condi
tions (UNEP, 1992).
An important initiative in this direction is the Global Compact. In 1990
at the World Economic Forum, Kofi Annan challenged business leaders
to join a Global Compact that would bring together companies with the
UN, unions and civil society to support universal environmental and social
principles. Launched in 2000, the Global Compact consists of 8,000 compa
nies and 4,000 non-companies that have pledged to advance 10 principles
related to human rights, labour, environment and anti-corruption (United
Nations Global Compact, 2000). The Global Compact is fully voluntary
and has no enforcement mechanism. It addresses the entire range of envi-
ronmental, social and governance (ESG) issues, believing that responsi-
ble businesses enact the same values and principles wherever they have
a presence, and that good practices in one area do not offset harm in
another.
By encouraging companies to operate responsibly and take strategic
actions that support society, the UN Global Compact works to ensure that
business activity adds value not only to the bottom-line, but also to peo-
ple, communities as well as the planet. Working towards a comprehensive
approach to sustainability, companies need to practise the five essential
elements of corporate sustainability mentioned below:

Operate responsibly in alignment with universal principles.

Take strategic actions that support the society around them.
Commit at the highest level.
Report annually on their efforts.
Engage locally where they have a presence (United Nations Global
Compact, 2000).
The Global Compact engages closely with civil society and other critica
players, including investors, educators, consumers and policymakers to neip
create an enabling environment for responsible business.
Sustainable environment practices also slowly became partly desirable
in delivering, quality services. ISO 14001 is an international standard tna
defines the principles of environmental management system by which
co
panies control their impact on the environment. The ISO 14001 standa
was adopted by the International Association for
Standardization (In
national Organization for Standardization or ISO) in 1996. The creation O
this standard was due to a number of gov

manufacturing enterprises an ds
ernmental and non-governmental organizations. The remaining standar
contain guidance and supporting documentation.
 Green Governance: Sustainable Human 157
Development

Summary of ISO 14000 Series Standards

14000 Guide to Environmental Management Principles, Systems
and Supporting Tecl1iques.
14001 Environmental Management Systems: Specification with
Guidance for Use.
14004 Guidelines on the Elements of an Environmental Manage-
ment System.
14010 Guidelines for Environmental Auditing: General Principles of
Environmental Auditing.
14011 Guidelines for Environmental Auliting: Audit Procedures
Part 1: Auditing of Environmental
Management Systems.
14012 Guidelines for Environmental Aucliting: Qualification Criteria
for Environmental Auditors.
14013/15 Guidelines for Environmental Auditing: Audit Program-
mers, Reviews and Assessments.
14020/23 Environmental Labelling.
14024 Environmental Labelling: Practitioner
Programmes-Guiding
Principles, Practices and Certification Procedures of Multiple Crite-
ria Programs.
14031/32 Guidelines on Environmental Performance Evaluation.
14040/43 Life Cycle Assessment General Principles and Practices
14050 Glossary.
14060 Guide for the Inclusion of
Standards.
Environmental Aspects in Product

The main purpose of the standard is

to support environmental
tion and
pollution prevention. The standard does not provide protec
any absolute
requirements for environmental perfornmance, however,
puts emphasis on
compliance with legislative requirements relating to the individual
nents of the environment compo-
(e.g., air, water, soil, waste, etc.). It is essential
identify all possible aspects that have an to
have been attempts to impact on the
environment. There
implement
cially in steel and railways.
these standards in Indian
industry, espe-

COMMUNITY PARTICIPATION AND

ENVIRONMENTAL GOVERNANCE
Community participation ensures the last-mile
programmes and goals, involving common connectivity environmen-
tal of
planning, management and policy implementationpeople's participation in the
in their immediate envi-
ronment. Community
participation means a readiness on the part of both
 158 * CHAPTER 7

local governments and the citizens to accept equal responsibilities and am

ities in managing their surroundings.
It also
means a commitment
to the table resources, skills and knowledge for this
to activ-
bring
purpose, and a resn
for the capabilities and capacities of all partners. The honest
inclusiect
a community's representatives as in decision
'partners' making make
successful community participation (UNEP, 2005).
A community may be understood a
as group of people coming togethe.
on the basis
of the geographical area that they inhabit, their workplace
idea/theme/issue that they are driven by, or on the basis of their gendethe
age. The shape and size of a community may vary.
Choices and preferences on the quality of life and
lifestyle,
fundamental influences impacting the environment, are made which are
community, household and individual levels. These have bothdaily at the
and long-term impacts locally, but also short-term
remotely and globally, sometimes
far beyond the physical boundaries of the
community.
ity of life and lifestyle issues in environmental Incorporating qual.
management ensures that
problems are tackled at its source and long-term benefits are accrued.
daily decisions need to be taken at the local and Local
community
community participation creates forums where such issues can belevels. Effective
and effective actions
planned. discussed
Daily decisions at the individual and
nity level help in taking decisions. It also ensures commu-
commitment is maintained. Such that appropriate level of
ing and decision community dynamics of awareness build-
making need to be built into the core of an
management plan. environmental
Community participation is
involvement of all members of likely to ensure clear
commitment and
Bringing the community together tocommunity
a
in various joint activities.
work on an issue that affects their
everyday lives, particularly in relation to the
towards a continuous environment, is the first step
process of awareness building and
change. Focusing different aspects of the local
on behaviOural
vide a environment may pro
rallying point that can build
the
community. Linking environmental commitment and involvement from
to
everyday lifestyles is critical in problems, both local and global,
for action. motivating communities and planning

Different reports of the UNEP's

viewed at Global Environment
Outlook Report Series ca be
<http:/ www.unep.org/GEO/index.htm>.
Millennium Ecosystem
Millennium Ecosystem Assessment, its
For mor information about hethe
activities, and publications, see UNEP, 2005,
Assessment, 2005, accessed frompublications.
edu/tenvironmental-services-that-flow-from-
she-reader/
ustainMabiEA%20synt
lity-science/hesi2010%20weekl y-sessi
on
ons/
12
session-5-2013-
February 201
10.1
ucsb.
<https://groups.a10-the
natural-capital/supplemental-reau
s%202005.pdf/view> -from-
 Green Governance: Sustainable Human
Development* 159
Community participation helps in pooling
and working strategies from within the resources and diverse skills
sity of resources within the community. There lies a broad diver-
homogeneity of a community that are prereq-
uisites for the implementation of any
plan
or
while making programme. Inherently, these
have tobe taken into account
plan. Pooling resources and diverse skills any environment management
issue like managing the local particularly enables a complex
environment.
Checking and corrective action through
done more effectively by the
community
monitoring/evaluation
itself.
can be

Vigilance can
be ensured through
community involvement, with respect to its substantially
own actions
and outputs (e.g., wastes
generated), and
that affect it (e.g., pollution from a local
to external processes and outputs
ment is healthy and that the views of the
factory). Ensuring that the environ-
community are included in the
management processes is critical to facilitate environmental
Involving the monitoring.
community in local
environmental management has been
prescribed as a
panacea for a whole lot of environmental ills in some
-

cases, to also avoid responsibilities and

accountabilities of the concerned
entities. Real positive impacts can be ensured
through partnerships that
respect the stakeholders involved, the resources that they
bring to the table,
and to enable actions that each stakeholder is best suited to
perform. Con-
sensus-driven visions and goals are also important to coordinate activities
and monitor and evaluate actions.

CONSUMERISM AND GLOBAL

ENVIRONMENTAL GOVERNANCE
At the root of the anthropogenic environmental crises that we face today is
the consumption pattern of humankind. According to the Ecological
print Sustainability Measure, an independent measure based on United
Foot
Nations statistics, current consumption and production levels are 25 per
cent higher than the earth's sustainable carrying capacity. If everyone in
the world were to live like an average person in the high-income countries,
we would need 2.6 additional planets to support us all (United Nations
Commission on Sustainable Development, 2007). Agenda 21 has a clear
focus on ending unsustainable patterns of production and consumption,
and developing national policies and strategies to encourage changes in
unsustainable consumption patterns. Since the issue of changing consump-
tion patterns is broad, it is addressed in several parts of Agenda 21, notably
those dealing with energy, transportation and wastes, and in the chapters on
economic instruments and the transfer of technology.
Imbalances in consumption patterns are a major factor behind envi-
ronmental degradation. While poverty results in certain kinds of environ-
tal stress, the major cause of the continued deterioration of the global
160 CHAPTER 7

environment is the unsustainable pattern of consumption and production.

particularly in industrialized countries. Measures neecd to be undertaken
at
the international level for the protection and enhancement of the environ
ment, taking into account the current imbalances in the global patterns of
consumption and production.
Special attention should be paid to the demand for natural resources
generated by unsustainable consumption and to the efficient use of those
resources consistent with the goal of minimizing depletion and reducing pol.
luton. Although consumption patterns are high in certain parts of the world
the basic consumer needs of a large section of humanity are not being met.
This results in excessive demands and unsustainable lifestyles among the
richer segments, which place immense stress on the environment. The poorer
segments, meanwhile, are unable to meet food, healthcare, shelter and edu-
cational needs. Changing consumption patterns ill require a multipronged
strategy focusing on demand, meeting the basic needs of the poor, reducing
wastage as well as the use of finite resources in the production process.
Some economists are questioning traditional concepts of economic
growth underlining the importance of pursuing economic objectives that
take account the full value of natural resource capital. More needs to be
known about the role of consumption in relation to economic growth
and population dynamics in order to formulate coherent international and
national policies.
Action is needed to meet these broad objectives:
Promote patterns of consumption and production that would reduce
environmental stress and meet the basic needs of humanity.
Develop a better understanding of the role of consumption and the way
to bring about more sustainable consumption patterns.

To achieve sustainable international consumption patterns, govern

ments, private research and policy institutes, regional as well as interna-
tional economic and environmental organizations, should make a concerted
effort to:
expand or promote databases on production and consumption and
develop methodologies for analysing them;
assess the relationship between production and
consumption, environ
ment, technological adaptation and innovation, economic growth and
development and demographic factors;
examine the impact of ongoing changes in the structure of moderm
industrial economies away from
material-intensive economic growut
consider the way economies can grow and
prosper while reducing u
use of energy and materials and the
production of harmful materials; anu
identify balanced patterns of consumption worldwide which the earu
can support in the long term.
 Development * 161
Green Governance: Sustainable Human

Sustainable Economic
Developing New Concepts of
Growth and Prosperity
the present concepts of economic
Consideration should also be given to would
new concepts of wealth and prosperity that
rOwth and the need for
grov
less
allow higher standards of living through changed lifestyles, being
resources and more in harmony with
its carry-
dependent on earth's finite

ing capacity.
Reducing the of energy and materials used per unit in the pro
amount

and services can contribute both to the alleviation

of envi-
duction of goods
and industrial productivity as well
ronmental stress, and to greater economic shouldthere
as competitiveness.
Governments, in cooperation with industry,
efforts to use energy and resources in an economically-efficient
fore intensify
and environmentally-sound
manner by:
sound
encouraging the dissemination of existing environmentally
technologies;
in environmentally sound
promoting research and development
technologies;
to use these technologies efficiently and
assisting developing countries and
to develop technologies
suited to their particular circumstances;
sound and sustainable use of renew
encouraging the environmentally
able natural resources.

Generation of Wastes
Minimizing the
effective
ways of dealing with
At the time, society needs to develop
same
of mounting levels of waste products and mate-
the problem of disposing the public,
with industry, households and
rials. Governments, together
the generation of wastes and
should make concerted effort to reduce
a

waste products by:

industrial processes and at the consumed
in
encouraging recycling
level; products; and
reducing wasteful packaging of products.
environmentally-sound
more
promoting

and Households to Make

Assisting Individuals Decisions
Environmentally Sound Purchasing
environmentally conscious
countries of more
The recent emergence in many
increased interest on the part of some indus-
consumers, combined with
consumer products, is a significant
environmentaluy sound
tries in providing Governments and international
be encouraged.
development that should criteria and
with tne pmvare sector, should develop
organizations, together or environmental
assesSsment
and r e s o u r c e
impacts
methodologies for the
162* CHAPTER 7
of and processes. Results.
requirements throughout the lifecycle products
transformed into clear indicators in orie
those assessments should be to
makers. Governments, in cooperation wi
inform consumers and decision with
should encourage expansion of ens
industryand other relevant groups,
environmentally related product informati
ronmental labelling and other
make informed choices. Afefew
programmes to assist consumers to
designed
initiatives in this direction are listed here:

the consequences of consumption choice.

Ices
Providing information on
for environmentally SoUnd
and behaviour so as to encourage demand

products.
health and environmental impact.of
Making consumers aware of the consumer legislation and environ
on-
products, through such means
as

mental labelling.
programmes, such as recycling
Encouraging specific consumer-oriented
and deposit/refund systems.
Exercising leadership through government purchase, particularly in
countries where the public sector plays a large role in the economy
on both corporate decisions
and can have a considerable influence
and public perceptions. They should, therefore, review the purchasing

policies of their agencies and departments so that they may improve,

wherever possible, the environmental content of government procure-
ment policies, without prejudice towards international trade principles.

Moving towards emvironmentally-sound pricing, attracting and creating

awareness among producers and consumers about environmental costs
of energy, materials and natural and the
resources
of the consumption
generation of wastes and bring in significant changes in consumption
and producion patterns in the near future.
Reinforcing values that support sustainable consumption. Governments
and private-sector organizations should promote more positive attitudes
towards sustainable consumptíon through education, public awareness
programmes and other means, such as positive advertising of products
and services that utilize environmentally-sound technologies or encour

production and consumption patterns. In the review

age sustainable
of the implementation of Agenda 21, an assessment of the progress
achieved in developing these national policies and strategies should DE
given due consideration.

CONCLUSION
The global environmental concerns have resulted in remarkable growth o
international environmental law in the post-Stockholm Conference perio
Being a signatory to the most important international convention on envr
ronment, the influence of international law in general and internationa"
 Green Governance: Sustainable Human Development* 163

environmental law in particular is growing, and there has been a close

between international environmental law and municipal law in
interaction
India. It appears that the growth of Indian environmental law has often
been co-extensive to the growth of environmental law under international
law. After the Bhopal gas disaster (December 1984), all three branches of
the state, particularly the Indian Supreme Court, inspired by international
environmental law, have led to the rapid development of environmental
law in India.
Judicial activism of the higher judiciary, particularly the Supreme Court,
has led to the incorporation of certain international environmental princi-
ples under domestic law whose legal status is still open to question under
international law. The Supreme Court in Vellore Case (1996) affirmed the
principle of sustainable development, precautionary principle and polluter
pays principle as customary international law and made them as part of the
Indian domestic law. The Vellore case slowly became a norm which, in the
post-1996 period, became a well-settled judicial precedent under Indian
environmental jurisprudence. The international environmental law princi
ples, namely, sustainable development, precautionary principle and polluter
pays principle have not only been made a part of the Indian domestic law
but have also been given new meaning which is now a unique feature of
the Indian environmental law. It appears that the international environ-
mental law principles, have been utililized by the Indian courts not only to
formulate' much of the contemporary environmental jurisprudence in the
country but also to 'enrich' the same. This process is still going on, and it
has resulted into progressive integration of the Indian environmental legis-
lations with international environmental law.
The intellectual and progressive human race has tied itself into knots
where its economic pursuits are increasingly at loggerheads with the envi-
ronmental balance on planet earth. On the one hand, human endeavours
are ensuring ever higher standards of living for the better-off sections of
society, on the other, the most basic needs of the majority of human race
are under
severe economic and environmental strain. There is a lack of
holistic thinking in the way humans
manage their social and economic
affairs in present times. There is
preponderance of an attitude of maximiz-
ing exploitation of resources which threatens our social and environmental
fabric. There is a great need to inculcate holistic
the consumer,
thinking at the level of
community, civil society, business, corporate world, national
regimes and international institutions. The biggest threat arises from our
myopic micro-level behaviour that will keep multiplying until we rid our
selves of
our myopic economic models and align our micro behaviour
with
the well-being of environment. Unless environmental concerns find a
our
central place in the design of markets and institutions, it will be difficult
to save our habitat. Universal building of environmental consciousness at
164 * CHAPTER 7

allinstitutional levels and among all stakeholders is the way

forward. An.
tweaking at the margins of the economic system is not likely to
the protection of environment. work for

Summary
Wide-ranging environmental degradation and social breakdown cast a dohs
on the capacity of human society to sustain itself.
An unsustainable situation occurs when natural capital is used faster than it ear
can
be replenished.
Accelerated consumption, industrialization, liberalization and globalization
have increased the magnitude and complexity of environmental degradation,
United Nations Environment Programme (UNEP) was born in 1972 in Stockholm
The concept of sustainable development has been deeply influenced by the
Brundtland Report (1987).
Earth Summit held in Rio in 1992 was a major nmilestone focusing on biological
diversity, climate change and desertification.
Global institutional framework on environmental issues is still in operation.
Environmental governance in India is guided by the country's Constitution, laws
enacted by the central and state legislatures, and judgements of the Supreme
Court and other tribunals.
National Green Tribunal Act, 2010, has created a special tribunal to handle
expeditious disposal of cases pertaining to environmental issues.
Environmental governance can be enhanced through the participation of civil
society, their role in advocacy, informing public opinion and excellent technical
and analytical expertise.
Private corporate sector, which has been the main source of environmental
degradation, may also be roped in as partners in environmental governance
through their corporate social responsibility (CSR) activities and their capacity
to lead innovations in clean technology.
Community participation provides the vital last mile connectivity in environ-
mental governance without which nothing can be achieved on the ground
At a more fundamental level, the culture of unfettered consumerism needs to be
re-examined. New economic models are needed which depend less on earth's
finite resources.

Questions
1. Define sustainable development. What are its goals in India?
2. Analyse the role of civil society in sustainable development.
3. Define green governance. How does it help in sustainable development?
in India.
4. Write an essay on the structure of green governance
as it developed interna
5. Write an essay on the sustainable development regime
answer with suitable examples.
tionally and its effects in India. Support your