Abstract
In this chapter, the concept, the legal nature of the green economy, and its role in achieving sustainable development have been studied. While describing the actions of the international community to protect the environment, the analysis of the green economy and its vital role in achieving sustainable development has been discussed. Today, sustainable development can no longer be seen as a choice but as a commitment that all governmental and non-governmental actors must make every effort to achieve a sustainable economy to transition to a green economy. Paying attention to natural resources is valuable for any society, and short-term, medium-term, and long-term plans in the light of a green economy will bring growth and social welfare to the society.
TopIntroduction
Environmental protection is a major concern of the international community. To protect non-renewable natural resources and respect the rights of current and future generations, the issue of sustainable development has been the focus of attention of states and international organizations. Sustainable development seeks to create a balance and compromise between the economic, social, and environmental dimensions. The traditional approach to brown economics and the maximum use of natural resources, regardless of the rights of future generations, leads to the destruction and pollution of the environment. In contrast, the green economy responds to the challenges facing the international community and facilitates the realization of sustainable development.
One of the most important consequences of population growth globally is energy consumption and increasing demand for energy resources. More than half of the world’s population lives in cities. As a result, the demand for energy and its consumption in cities is much higher than in rural areas. So cities are responsible for emitting the most carbon dioxide and other pollutants harmful to the environment. Since the world’s non-renewable resources are limited, clean and renewable resources must be sought. To address these issues internationally, sustainable development has been raised for more than a few decades. Sustainable development is one of the most important issues discussed in international environmental law, and so far, both nationally and internationally, many steps have been taken to achieve sustainable development (Nanda, 1995).
The breadth and diversity of economic, social, and environmental dimensions require the concept of sustainable development so that different systems pay special attention to macro-level regulation. To this end, various programs and strategies have been developed by governments to achieve sustainable development. Specifically, the term “sustainable development” entered the international environmental law literature at the 1992 Rio de Janeiro Conference in Brazil. In other words, the main focus of the Second International Conference on the environment in 1992 was “Environment and Development” (Nanda & Pring, 2012). It speaks clearly and unequivocally on the issue of sustainable development.
The concept of “sustainable development” is re-emphasized in international conferences held after Rio 1992 and in the documents adopted by these conferences. Recognizing sustainable development in the upstream documents of national systems as a general policy indicates its importance. To implement the general policies of the system, programs and strategies should be developed in line with the main policy to achieve the lofty goals of sustainable development. The three dimensions of sustainable development and the need to balance between them have been repeatedly considered. The topic of “green economy” and its entry into the economic and legal literature can be studied and analyzed in this context.
The close connection between economic and environmental issues has led to the development of new approaches in international environmental law, one of the most valuable of which is the “green economy.”
The transition from the traditional economic approach to the green economy is possible by observing the principle of fairness and environmental integration. In other words, traditional economics is based more on the unlimited use of natural resources and disregard for the rights of present and future generations. The effects of such an economy can be irreversible in practice. A change of approach in this area is inevitable and definite, and therefore the international community will have no choice but to use all international actors to deal with the effects. The transition to a green economy varies between governments, as the level of development of each of these countries differs from one another, and the natural and human capital of each will be involved. Considering the interdependence and inextricable dependence of the environment on major human issues such as ethics, politics, economics, development, etc., culture building and creating a systemic approach to the environment is important.
Key Terms in this Chapter
Polluter Pays Principle: The polluter pays principle stands for the idea that “the environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large.” All issues related to responsibility for environmental remediation costs and compliance with pollution control regulations involve this principle.
Equity: Defined by UNEP to include intergenerational equity - “the right of future generations to enjoy a fair level of the common patrimony” - and intragenerational equity - “the right of all people within the current generation to fair access to the current generation’s entitlement to the Earth’s natural resources” - environmental equity considers the present generation under an obligation to account for long-term impacts of activities and to act to sustain the global environment and resource base for future generations. Pollution control and resource management laws may be assessed against this principle.
Public Participation and Transparency: identified as necessary conditions for “accountable governments,... industrial concerns,” and organizations generally, public participation and transparency are presented by UNEP as requiring “effective protection of the human right to hold and express opinions and to seek, receive and impart ideas,... a right of access to appropriate, comprehensible and timely information held by governments and industrial concerns on economic and social policies regarding the sustainable use of natural resources and the protection of the environment, without imposing undue financial burdens upon the applicants and with adequate protection of privacy and business confidentiality,” and “effective judicial and administrative proceedings.” These principles are present in environmental impact assessment, laws requiring publication and access to relevant environmental data, and administrative procedures.
Precautionary Principle: One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of complete scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The principle may play a role in any debate over the need for environmental regulation.
Transboundary Responsibility: Defined in the international law context as an obligation to protect one’s environment and prevent damage to neighboring environments, UNEP considers transboundary responsibility at the international level as a potential limitation on the sovereign state’s rights. Laws that limit externalities imposed upon human health and the environment may be assessed against this principle.
Prevention: The concept of prevention can perhaps better be considered an overarching aim that gives rise to a multitude of legal mechanisms, including prior assessment of environmental harm, licensing or authorization that set out the conditions for operation and the consequences for violation of the conditions, as well as the adoption of strategies and policies. Emission limits and other product or process standards, the use of best available techniques, and similar techniques can all be seen as applications of the concept of prevention.