Antes de la constitución del tribunal arbitral

Due to the increasing threat of natural resources depletion and global environmental issues, in 1972 the United Nations Conference on Human Environment discussed the dissatisfaction with the development approaches. The debate was focused on the developing countries’ pro-growth and the developed countries’ anti-growth development. After that in 1983 the UN set up the World Commission on Environment and Development (WCED) to solve this growing problem through integration of development and environmental process. The commission showed the interdependence between economic development and the environmental process in the global context. The commission produced the report known as ‘Brundtland Report’ or ‘Our Common Future’ (WCED, 1987). The WCED defined sustainable development as “ the development that meets the needs of the present without compromising the ability of future generations to meet their needs” (WCED, 1987, p. 88).

The definition itself seems to be contradictory in the view of developing countries. Developing nations are starting their industrial development through natural

resources exploitation. The use of these resources is very much a need for those countries. On the other hand it is unethical if future generations have to suffer due to present human activities and utilisation of the natural resources. The basis of the sustainability principle is to understand the interdependence of the humans and other living and non-living things including water on the earth surface. The definition of sustainable development by the WCED focused on the future generations, which is morally controversial while one-third of the population of the world is getting one meal per day without shelter and other basic life daily needs (WBCSD, 1998). By the implementation of this definition the developed countries ensure the status of their present position without allowing improvement for the people of developing nations who desperately need it. It is clear that the future generation is totally hypothetical and there must be moral activities on the real scene (situation).

The issue of equity is also contestable in this definition of sustainable development. Equity for whom: is it for the present living population or for the imaginable future generations? Let’s take a real-life example from an international consultancy

program. The western consultant who is going to a developing country is receiving a payment based on his/her own country’s wages or international basis. The counter part of this consultant from the host country is only getting his/her own salary from his/her government, which is at most 10% of the consultant’s payment. The concept of sustainable development must be based on the present generation’s need and demand for living as human beings. The concept of equity needs to be applied not only for the future but firstly today.

This definition is acceptable for the developed countries. They do not need to eradicate poverty or to supply daily basic things in an emergency basis to large number of people. They mostly need to maintain their present daily life and routine work. The world’s economic giant organisation is based on the developed countries. All economic activities in the world are running towards the periphery centered on the developed countries’ multinational organisation. The American dollar is controlling all the business, not only that the currencies are very strong in those economies. Developing countries’ currencies are in most of the cases devaluing in the name of better export return. In fact such devaluation has a great negative impact on those economies due to the fact that import share is always higher than export.

According to the definition of sustainable development, the developed countries will be in a position to sustain the current inequalities for a long time whereas developing countries will be becoming poorer in absolute terms.

As per United Nations Environmental Program (UNEP, 1991), if an activity is sustainable, for all purposes it can continue forever. It is common knowledge that nothing physical can grow indefinitely. The sustainable growth concept in itself is contradictory. The UNEP (1991) also emphasises sustainable use, sustainable economy, sustainable development and sustainable society. Sustainable use is only applicable to renewable resources in the rate of their renewable capacity. Sustainable economy is a product of sustainable development. It could be achieved through adapting and improving knowledge, technical efficiency, and wisdom how to use natural resources, which is difficult for the developing nations. Sustainable

development can improve the quality of human life if people live within the carrying capacity of the supporting ecosystems. Sustainable society is a reflection of values and duties - specially the duty of care for other people and for nature. In this respect, it is similar to most of the religious concepts, which in the past have worked as a tool to control the poor people. Economic growth and technological innovation in

developing countries will set up the problems of resource depletion and environmental degradation of eco-system for the current and new generations.

In 1992 the Rio Conference on Climate Change, which is known as the Earth Summit, set up an action plan, one of the elements of which is called Agenda 21. Agenda 21 was mainly a follow up plan for implementation of sustainable

development. In 1997, at the Conference of the Parties’ third meeting (COP3) of the United Nations Framework Convention on Climate Change discussed the

implementation position of Agenda 21 and agreed upon the Kyoto Protocol. The Kyoto Protocol did not define sustainable development though it emphasized the matter for developing nations’ economic development. Sustainable development became one of the main objectives of the Clean Development Mechanism under the Kyoto Protocol.

The critical aspects of sustainable development for developing countries are provision of basic human needs, population control, food security, and energy

supply. For Bangladesh, the overriding sustainable development goals and priorities includes

• poverty alleviation

• economic and social development

• safe drinking water

• primary health care

• universal primary education

• environmental protection.

Climate change has now emerged as an environmental and developmental issue of global concern. Increase in droughts, changes in rainfall patterns, and sea-level rise could devastate the economies of developing countries that are heavily dependent on natural resources. Recognizing the threat of global climate change to sustainable development, the 1992 Earth Summit urged countries to move towards a sustainable path of energy production and consumption. The Earth Summit also recognized the need to provide adequate financial resources to developing countries to meaningfully pursue this goal.