IMPORTANCIA PARA REALIZAR ASM

In consonance with prior deliberations regarding the role and significance of sustainable

development at international law, this subsection considers the conceptual approaches to

operationalizing sustainable development at international law and on a national scale. The

subsection thus appraises the relevance, if any, of the various denotations relating to “Principles”, “Goals”, “tools” or “indicators”, in the sustainable development discourse.

Undoubtedly, the concept of Sustainable development combines a complex, yet fluid or multi-

faceted character which makes it rather difficult to measure or assess in terms of securing its

practical implementation. Despite its global appeal and political relevance on a multi-lateral

scale, stake-holders comprising state and non-state actors grapple with its implementation

challenges. Operationalizing sustainable development or translating the concept into realistic

actions thus becomes problematic. Weaving the vital strands of the global agenda, “Transforming Our World: Agenda 2030” via relatable terms into decision making frameworks

would therefore prove crucial to its objectives being met. This has necessitated the use of SD

Principles and Goal identifiers or measurement criteria, such as, indicators or tools to

116 _{S.1.4 of this Chapter discusses the Integration principle, S.1.5.1. deliberates on EIAs, S.1.5.3.1. tackles Public} Participation, S.1.6 addresses Sustainable Use and S.1.7 of the Chapter, elaborates on Equity.

19

realistically and objectively drive the sustainable development agenda, especially if it is to be

relevant as a decision-making tool.

Whereas a tool has been described as a: device, instrument, contrivance, including an ability

that aids the performance of a task or goal,117 an indicator on the other hand, has been defined

as something related to a reference, as the term stems from the Latin “indicare” which means

pointing towards something.118 Thus, sustainability tools and indicators are largely relevant in

the context of the sustainable development discourse as they ultimately influence changes in

perceptions of the relevant stakeholders or decision makers on what constitutes sustainable

development. In this vein, Pintér concludes that, “Changing the way society measures progress

represents a key leverage point in tackling the root causes of unsustainable development”.119

These tools and indicators therefore serve as entities that clarify the SD concept in a practical

way.

In this vein, pertinent, applicable reference terms relating to the sustainable development discourse comprise of: “Principles” as in the 27 Principles of the Rio Declaration or 7 Principles

of the New Delhi Guiding Principles of sustainable development,120 _{“goals”, as in the 17}

sustainable development goals (SDGs), a target, for instance the 169 targets articulated by “Agenda 2030”, “indicators” such as the 230 indicators of the Global Indicator Framework for

Sustainable development,121 a norm, includes as in this case sustainable development principles

117 _{See, Oxford English Dictionary, Oxford University Press, Oxford, 2018}

118 _{S. Bell, S. Morse, Sustainability Indicators: Measuring the Immeasurable; Earthscan: London, UK, 2005.}

119 _{Pintér, L.; Hardi, P.; Martinuzzi, A.; Hall, J. Bellagio STAMP: Principles for sustainability assessment and measurement.} Ecol. Indic. 2012, 17, 20–28.

120 _{ILA New Delhi Declaration of Principles of International Law Relating to Sustainable Development,Netherlands} International Law Review, XLIX: 299-305, 2002

121 _{See, Report of the Inter-Agency and Expert Group on Sustainable Development Goal Indicators (E/CN.3/2016/2/Rev.1),} Annex IV.

20

which have normative implications at international law122 (integration principle,123 preventive

principle,124 polluter pays principle,125 EIAs,126) etc.

Furthermore, sustainability tools elucidated in this research via the elements and principles of

sustainable development, towards actualizing the SDGs, readily accommodate methodological applications which may be “top-down” or “bottom-up”. Top-down approaches are usually

expert driven and adopt quantitative criteria. For instance, while environmental assessments

like the EIAs and SEAs remain environmental protection tools, they also accommodate specific

expert-driven, technical approaches such as the [Best Applicable Technique (BAT) or Best

Environmental Practice (BEP) or Best Practicable Environmental Option (BEPO)]127 as

applicable standards to preserve benchmarks in the oil industry towards optimizing environmental goals. However, “bottom up” approaches are more qualitative inclined and

could for instance include, social development tools like the co-opting of local stakeholders

through public participation or local consultations to generate consensus approval of oil and

gas development projects.

Notwithstanding, for sustainable development of the oil and gas industry, an integration of both

top-down and bottom-up approaches is needful to propel the sustainable development goals. It

is however clarified that, an overly simplistic use of sustainability tools or indicators, may

render them susceptible to both interpretive and measurement challenges. This is because the

integration of the varied or divergent elements in the concept of sustainable development makes

122 _{See, The Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion) [1996] ICJ Rep 226,9 Sands, P. (2003)}

Principles of International Environmental Law, (2nd edn, Cambridge, pp. 4). See the dissenting opinion of Judge

Weeramantry in the ICJ ruling in Gabcikovo-Nagymaros case (supra) at 90 And see, D. French, International Law and the Policy of Sustainable Development, (Manchester, Manchester University Press, 2005) 47 at 51

123 _{Principle 4, Rio Declaration. Arbitration Regarding “The Iron Rhine ("jzeren Rin')” Railway between the Kingdom of} Belgium and the Kingdom of The Netherlands, Award of the Arbitral Tribunal, The Hague, 24 May 2005. Accessible at www.pca-cpa.org/

124 _{See, Principle 2 Rio Declaration, Principle 21 Stockholm Declaration.} 125 _{See, Principle 16 Rio Declaration, 1992.}

126 _{See, Principle 17 Rio Declaration, 1992.}

21

it fluid and responsive to multiple purposes and contexts, and likewise subject to the diverse

perceptions of the users or interpreters.128

Nevertheless, the articulation of the concept of sustainable development via principles at

international law has effectively served to embody a compact or more definitive framework of

sustainable development. For instance, the 27 Principles of the Rio Declaration and indeed the

7 Guiding Principles of the New Delhi Declaration on Sustainable development elucidate on

the substantive and procedural aspects of sustainable development.

Moreover, Principles 3-8 of the Rio Declaration illuminate the substantive elements of

sustainable development which define the overall scope of the concept, whilst highlighting its

integral components, viz: Sustainable use of natural resources,129 _{the integration of}

environmental protection and economic development, Inter and intra-generational equity130,

Common But Differentiated Responsibility (CBDR), the precautionary principle,131 _{and the}

right to development.132 These substantive elements of sustainable development find

expression in various conventions and environmental treaties such as the UNFCCC,133 the

Kyoto Protocol, the Desertification Convention, OSPAR Convention134_{, Biodiversity}

128 _{P. Sands, Principles of International Environmental Law, 2nd edition (Cambridge: Cambridge University Press) p. 260} 129 _{P. R. Emas, ‘The Concept of Sustainable Development: Definition and Defining Principles’,}

https://sustainabledevelopment.un.org/content/documents/5839GSDR%202015_SD_concept_definiton_rev.pdf accessed on 22/03/2017

130 _{See, Philippe Sands and Jacqueline Peel, Principles of International Environmental Law (Cambridge University Press,} 2012), 207. The Secretary-General asserts that ‘fairness between generations is embedded in the concept of sustainable development’. Report of the Secretary-General, UN Doc A/68/322, [9]. UNESCO, Declaration on the Responsibilities of the Present Generations Towards Future Generations, 29th Session (12 November 1997) (‘UNESCO Declaration’). Pacific Fur Seals Arbitrations (USA v. Great Britain) [1893], Moore’s International Arbitration Awards.

131 _{See, Principle 15 Rio Declaration.}

132 _{See, Principles 3-8, Rio Declaration 1992. To be addressed in greater detail in subsequent sections. See also, P. Birnie, A.} Boyle & C. Redgwell, International Law & the Environment, 3rd Edition, (Oxford, New York: Oxford University Press, 2008)

133 _{See, The United Nations Framework Convention on Climate Change (UNFCCC) 1992}

134 _{See, The Convention for the Protection of the Marine Environment of the North-East Atlantic (the ‘OSPAR Convention')} 1992.

22

Convention135 etc. and mostly convey distinct, albeit relative standards to engender the aims of

sustainable development.

Furthermore, the procedural elements of sustainable development are clarified in Principles 10,

13, 16 and 17 of the Rio Declaration. Principle 10 relating to access to environmental

information, justice and public participation, has served to concretize core aspects of

implementing sustainable development principles, to make access and participatory rights

enforceable at law. These rights have also gained considerable momentum as human rights and

are represented in case law.136 Principle 10 of the Rio Declaration is also reflected in numerous

regional agreements and national laws. One such notable regional instrument is the Arhus

Convention.137 _{Principles 13 and 16 incorporate the polluter pays principle, while principle 17}

clarifies the relevance of environmental impacts assessments. These specific principles are

important as procedural elements that serve as the tools of operationalizing or facilitating the

implementation of the integrated themes of sustainable development at the national or regional

levels.

1.2.2. Conceptualization of Sustainable Development: Applying Goals, Targets, Tools and