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Industry, innovation and Partnerships for the goals infrastructure In analyzing the SDG agenda, the seventeen goals intertwine around three core elements. These are; Economic growth: to be economically stable a State must be able to produce goods and services on a continuing basis.
Man needs to produce in order prosper. The ecosystem though must be nurtured for the growth to be constant therefore the Nations must be able to balance out so as to not exploit or deplete natural resources. It is the awareness, that how we treat the environment will be reciprocated. It is an understanding that what we do to Earth has effects on climate change, our health and wellbeing and the existence of the other species.
All efforts must be put in place to protect wildlife from extinction. Environmentally sustainable systems must maintain a stable resource base, avoiding over exploitation of renewable resources Social Sustainability: The environment must achieve distributional equity, adequate provision of social services including health and education, gender equity and political accountability and participation The environment also serves as a channel for pleasure, recreation and sports.
Those that love the outdoors with mountains to climb, rivers to kayak, trails to run or cycle all this providing a sense of wellbeing. For others, it is the deep history some places capture and the social inclusion that emanates from a community gathering or celebrating history.
The environment must therefore be socially present. From the above, it is important to note that some SDG goals rely on others. For wellbeing, then people must eat well, therefore the goal on life on land has to result in sufficient productive and must also be well educated so as to be knowledgeable of how to take care of themselves.
Additionally, for one to be healthy then they must live in clean cities and communities. To reduce inequalities and promote equality, we must educate both the girl child and the boy child giving them equal opportunities at achieving their goals and desires. If the population is well educated, then there is a higher chance of getting decent work and growing the economy, if one works then one is able to sustain themselves hence eradicating poverty.
They seventeen goals are intertwined and others may have some dependencies. That is, it cuts across current and future generations. The principle broadly states we are custodians of the next generation in as far as the Earth is concerned. It is a duty and an obligation for the current generation to do nurture the environment for the sustainability of the next generation.
Intragenerational Equity on the other hand refers to equity that is shared amongst people of the same generation. In Its emphasis, it deals with distribution of resources fairly amongst those present. It is a call for social responsibility and a balance on economic benefit at expense of harm or risk to the population and future generations to come.
It aims at taking a preventative measure as opposed to a curative approach. It means that contract or treaty clauses are laws with binding force thus states are required to fulfill their obligation and not to do anything that shall destroy the trust on the basis of which the treaty was agreed upon.
Therefore this principle demands that parties to a treaty observe their precise obligations in good faith with the honorable intentions to meet their responsibilities The maxim usually finds use in cases of nuisance but it also applies in cases of transboundary environmental damage. This is very common with water pollution because because the harmful pollutants are easily carried over to other areas sharing the same water body.
In the case of the Trail Smelter Arbitration where Canada complained of escape of noxious Sulphur gases into its territory, from the United States, the Arbitral Tribunal stated that "No State has a right to use or permit the use of its territory in such a manner as to cause injury by fumes or to the territory of another or the properties or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence".
In other words these are principles designed to help avert environmental damage before it occurs. This principle is considered a guiding rule with respect to environmental protection because it takes cognizance of the fact that not all damage caused to the environment is reversible.
This principle therefore requires States to prevent environmental damage within their own jurisdiction and in whatever form their approach takes. For instance, in Kenya this principle is manifested under Article 69, 1, g which provides that one of the obligations of the state with respect to the environment is to eliminate processes and activities that are likely to endanger the environment The current formulation of the principle of prevention in the environmental context was introduced in in Principle 21 of the Stockholm Declaration on the Human Environment: [S]tates have.
Additionally ICJ, in its Advisory Opinion on the Legality of Nuclear Weapons, held that the prevention principle as enshrined in Principle 21 of the Stockholm Declaration and Principle 2 of the Rio Declaration was part of general international law [t]he existence of the general obligation of States to ensure that activities within their jurisdiction and control respect the environment of other States or of areas beyond national control is now part of the corpus of international law relating to the environment.
Duvic Paoli and J. A Commentary Oxford University Press, , pp. In the Gabcikovo-Nagymaros Project case, the I. The classic formulation of the no harm principle in an environmental context appears in the Trail Smelter Case United States v. A has been used as a mechanism to enable those concerned with development programs or projects to make more informed decisions involving those projects especially with regards to activities that are likely to have detrimental implications on the environment.
The origins of the obligation to conduct an environmental impact assessment E. A can be traced back to the domestic law of some States and, particularly, to the National Environmental Policy Act adopted by the United States as early as Principles of International law, 7th edition,,pp. III, pp. Albania , ICJ Reports , p. This process is extensively designed to consider the principles of governance enshrined under article 10 of the constitution, as well as a number of treaties within the regional50 and on a universal scope.
In the case of Kwanza Estates Ltd v KWS,52 The court stopped the defendant from constructing public toilets at a beach front mainly because there was no consultation or public participation in the process of the project thus violating E. A procedure pursuant to the E. A, This means that issues such as 49 E. A , S. See A. Kiss and J. A acknowledges this principle among those of sustainable development which the High Court will be guided by when carrying out its jurisdiction on environmental matters.
It is further divided into principles and concepts of environmental international law. Principles includes; polluter pays principle, common but differentiated responsibilities, responsibility for environmental damage, inter-generational and intra- generational equity, access and benefit sharing regarding natural resources j The polluter-pays principle It is a well-established principle in customary international law through both the no harm and the prevention principles.
The question then arises of who should pay the cost: the company, consumers or society at large? If nothing is done, the society at large or those individuals most directly concerned i. Similarly, if the authorities intervene to treat polluted water, the cost is also borne by society at large as it is borne by tax-payers.
The polluter-pays principle is now enshrined in Principle 16 of the Rio Declaration, which provides that: 84456ational authorities should endeavor to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment.
Situated at the intersection between development and environmental protection, this principle is intended to reconcile potentially conflicting requirements. On the one hand, developing countries see it as a way to gain recognition for their developmental needs, their reduced ability to contribute to the management of environmental problems and also their lower contribution to their creation. On the other hand, developed countries consider it as a tool to ensure participation of developing countries in the management of environmental problems and to ensure that the development process takes place within certain environmental bounds.
In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities.
It is defined as a process by which decisions with public implications incorporate the public concern and needs with a view of settling on a decision that is supported by the public. This is very important for overall effectiveness of certain laws and policies in terms of enforcement.
Like the principle of co-operation, the principle of participation is general in scope, extending beyond the sphere of environmental matters. By way of illustration, Article 25 of the International Covenant on Civil and Political Rights provides for a general right to participate in public affairs.
Here, we focus on two main points, namely i the sources and ii the content of this principle. Concerning the sources, the idea of increased public participation in environmental issues has been affirmed in Principle 10 of the Rio Declaration, which provides that: [E]nvironmental issues are best handled with participation of all concerned citizens, at the relevant level.
Accordingly, the developed countries Parties should take the lead in combating climate change and the adverse effects thereof. States shall facilitate and encourage public awareness and participation by making information widely available.
This principle works mainly to allow individuals or groups get involved in the process of decision making that would ultimately affect them, thus acts as the prior consent of the people in the project that the governments is undertaking.
The Constitution of Kenya, at Article 10 2 a has made public participation part of the principles that guides the state and its institutions in carrying out their constitutionally provided mandates. This principles application thus entails taking cognizance of what if any impact a proposed development project or program might have on a threatened species or ecological community. Biological diversity could be defined as the variety and variability among living organisms and the ecological complexes in which they occur.
It usually encompasses various ecosystems, species, and genes among others. Ecological integrity on the other hand refers to the ecological systems general wholeness.
This is in light of the fact that manufacture of 59 P. Therefore, the notion behind the principle of improved valuation, pricing and incentive mechanism is that persons who are liable for the production of said pollution and waste should also bear the cost of containment and where applicable, avoidance and abatement.
The above principle thus requires that the ultimate purchasers of such goods and services pay prices that take into account the full cycle costs of producing these goods and services This will include costs relating to disposal of waste resulting from the production of such goods and the rendering of the services in question. Another benefit of this principle is that it inadvertently establishes an incentive structure, which would include market mechanism, resulting in the corporate entities involved in good and service production adhering to methods less damaging to the environment while cutting costs.
Therefore once a breach is attributed to a state, after fulfilling the obligation set forth by this principle, the liable state is bound by a secondary obligation under international law as was demonstrated in the Trial Smelter Arbitration where Canada was held liable but was also bound by a secondary duty to take the necessary measures and thus ensure that there will not be a recurrence of such environmental damage as witnessed.
However, transparency is simply understood as the extent to which information is accessible to the public within a social system such a state Transparency as a principle is significant in environmental management because it enables the relevant actors 60 Application of the Environment Protection Principles to E.
That is, it raises legitimate questions on the quality of information that is made accessible and the manner in which it is made accessible.
In other words, transparency as a principle of environmental management deters non-compliance with a treaty or domestic legislation because it enables public scrutiny that is concomitant with such breach and even where there are no decided sanction measures, exposure alone could encourage change in behavior.
S is an established international environmental principle that refers to the way in which genetic resources and valuable traditional knowledge associated with such resources are accessed, and how the benefits which result from their exploitation are shared between the people or countries using the resources also referred to as users and the people or countries that provide them providers.
D , whose third objective requires that all contracting parties ensure fair and equitable access to genetic resource and associated traditional knowledge. The benefits shared take the form of either monetary benefit s , for instance royalties on products that result from use of such resources or non — monetary benefits like the development of research skills and knowledge. R , Vol. It requires that the principles recognized under sub-clause 2, including good governance67, guides the state officers and other concerned persons in the exercise of their mandate.
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