Open Access Research Article
ROLE OF ENVIRONMENTAL LAW IN SUSTAINABLE BUSSINESS
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Article Details
ROLE OF
ENVIRONMENTAL LAW IN SUSTAINABLE BUSSINESS
AUTHORED BY -
PRAGYA PRIYA
LLM
CHANAKYA
NATIONAL LAW UNIVERSITY,
NYAYA NAGAR,
MITHAPUR, PATNA - 800001
ABSTRACT
With the rapid increase
of time, the branch of legal studies which may be considered as a environmental
law has gaining the importance rapidly. It is very important to define and
clarify that what will be the no. of terms in the field of progression and also
in the environmental protection. There are various kind of national and
international laws which basically deals with the various issues of the
sustainable development. The rules related to the environmental law that should
be obeyed by the people either in their own belief according to the accuracy of
the behavior which is justified for a legal Act, it is important that the
regulation in the field of sustainable development which can represent a very
important means which can be considered as a powerful measure towards the
environment. Basically both sustainable development and environmental law are
inseperable to each other. The laws should be made in such a ways that it
regulate the rules of conduct in the areas of sustainable development and
environmental laws. This abstract includes the use of law to achieve integrated
decision-making and also the use of pre-existing laws of foster sustainability,
the contribution of sub- national governments in achieving sustainability, the
cause and reason of law of unsustainable development and also the growing
importance of climate change and also the importance of judicial review and and
non governmental organization. But what exactly the sustainale business law and
what could be the role that should be achieved by the corporate governance and
finance play in achieving sustainability.
Keywords: environmental law, sustainability, sustainable development, integrated
decision- making, governance, legal institutions
Role of environmental law for sustainable business
Sustainable development
is a kind of framework which provides a kind of shelter in which people live
with harmony and prosper with their surrounding nature. Although sustainability
doesn’t acts as a supportive legal system, Despite of many environmental and various
other natural resources that has been existed in the surrounding. If people
want to make a kind of significant progress in the society, there is a kind of
prerequisite for that which is to develop and implement laws and legal
institution that may or may not exist or if existed then, various other forms.
In order to achieve the
sustainability, we also require to recognize that the key to achieving
sustainability is environmental law, it is a kind of necessary part of legal
framework. The various issues related to sustainability is that it is a part of
legal framework. The contributors of the issue has also tried to provide answer
in various ways, the various questions of law that should be achieved in
various ways. The urgency of this work is to provides essentials tools and
institutions for governing sustainability.
Due to the data base for
it is not necessary to capture all the needed elements but then also suggestive
to both the importance and scope of various other kinds of contributions that
can be a good step towards the progress and achieving sustainability.
How law can be used as an important part in integrated
decision- making
The principle action of
sustainable development is totally integrated with decision making , there
should be incorporation of environmental, social and economic considerations as
well. In particular, the government at national level tried to integrate environment
with safety regulation with trade policies and industries. Multiple national
objectives should be in opens up with more space to solve any kind of problems.[1]
[2]The greatest power is in the hands of
the governments which can achieve this kind of policy integration. Although
integration at the level of across is also very important and also in many of the
cases the legal rules that is specially made for sustainable objective at
higher level of government which will be
completely separated from the legal rules that is followed by the lower level
of the govt. Due to the result of this the decision that is made by the lower
level of the govt. is frusted in nature. In 2008, these laws were challenged
and the legislature passed a new law that demanded the use of less automobile.
Use of pre-existing laws to foster sustainability
Many of the observers has
the view point that that is a kind of requirement of new laws and some kind of
modification of existing laws. Most of the laws are traditional in nature and also
many of the nongovernmental organization are going to consider the greenhouse
gas emission and their impact ad the
decision by filing and settling lawsuits under the California environmental
quality Act. This kind of statutes require the state as well as local govt. to
prepare environmental impact reports for decision and which will be having a
significant effect and to reduce and or avoid impacts whenever feasible.
Most of the laws which
will provide the starting point for sustainability may not comes under the
environmental laws. Although the govt. has provided financial, technical, and
marketing assistance for such kind of Agriculture. This kind of program has
increased access to food , which led to the more organic and sustainable food
production, which in turn also a good opportunities of job. Cuba is considered
to be one of the world’s most aggressive and sustainable urban agriculture
system. In this region, only 2% of the
entire land is managed by biodiversity conversation and rest of the land is in private ownership.
When the time comes and the organization
of such community require landowners for
making decision which also includes what
they want to produce and how they will allocate the benefits and these
communities will also provide economic opportunities that will be benefit for
environment also.
The centrality of sub-National governments in Achieving
Sustainability
All over the world, and
sub-national units of govt. which
include provinces, states, and local governmental units, but also in the
countries like united kingdom, where there has been a substantial authority of
decision making authority to sub- national governments. With such a view, a
large number of progress is necessary to achieve sustainability, and also the
most important obstacles to such an achievement is located at the sub-national
level. Although when such responsibiliry is based to some degree between national
and international levels, a kind of lack of national actin on important
issue may prompt sub- national
governments to address that issue on their own.
But at the same point of
time there are also limits to the
efficiency to the efficiency of decision –making at sub-national levels of
government. Thus, Robert adler suggested that greater frequency and sererity of
droughts because of climate change may force national governments national
governments to issue more responsibility
like water sustainability.
The Background law of unsustainable Development
One of the most important
features of environmental law is that it is easy to identify because they are
usually labeled as such. But also contrast of this, there are few laws which
are opposite to environmental laws. Although land laws are part of problem and
as medina and tarlocl said that in USA
use of land encourages cities not to constrain residential and commercial use
of land but to expand the the range of coices by favouring loe density urbanization haracterized by economic, racial
and social integration.
The growing importance of climate change:
The climate change has
gained sustainability in the recent years. The focus of such kind of impact on
of local decision on climate change and there is a need to reduce greenhouse
gas emissions that would otherwise be result from other decision. A kind of
much focus on sustainability could make an improvement on on the ability of
affected communities to anticipate cope with and even prevent drought impacts.[3]
[4]The role of business is very
important in the case of polluting the environment and industries are
contributing a lot on this. The damage of environment is increasing day by day
affecting business. Insurance companies has a lot of concerned about climate
change. Finally the most important reason of why the role of business is so
important for sustainable development is because business is as much a part of
the soluon as a part of the problem. In such a modern days , business is
considered as a business is considered as the universally recognized sources
of primary engine of economic growth and
development to eliminate poverty from the society. Manytimes, the role that is
played by the business is may be considered as the determining fctor. Similarly
in the case of ozone layer protection, if the business industries will not be
able to reduce the consumption, production nd release of ozone depleting
substances, the levels of ozone depleting substances, will become five times
higher than by 2050 than they are today. There are another reason also that why
is the role of business is critical for sustainable development is due to the a
kind dependent to a larger extent on the privae sector as a generator of wealth
and greater arket integration globally.
During the 1980s, privatization and private
sector developments become the key factor of of
economic reforms in many developing countries as well as economic enterprises.
This contributed a lot in
the private capital flows from developed to developing countries, which in turn
increases the foreign direct investment which also shows the various index of
growing number number of multinational corporations, companies with activities
in two or more companies. Although in
between 1992 and 1999 the total number of multinational national companies
increased from 37,000 to 60, 000. Greater global market integration facilitated
by advances in technology and communications has intensified business
competition and market complexity. This in turn has increaded the reliance the
on and influence the business in the areas that were previously considered as a
government responsibility also making the role of business rapidly central to
sustainable development.
The social and
technological changes of the last half of the century have profound
implications that will not be fully understood until well into the next
century. Questions which act as a
starting and ending point of are being raised with increasing regularity. Apart
from these, there are many reasons why there should be a kind of sustainability
of business in the environment.
Good Management practice:
From the past ten years, sound environment has become synonymous with good business management. This in turn preventing and reducing waste,
emissions and discharges, using less toxic chemicals and improving energy
efficiency which may be called as a cleaner production and eco-efficiency which
is now widely recognized as a more cost-effective and efficient than the end of
pipe control. The environmental management companies help to develop ISO certifiable
environment management systems.
CONCLUSION AND SUGGESTATION
“The underlying challenges that sustainability addresses widespread
poverty and growing global
environmental degradation are urgent challenges. Law can make a
variety of key contributions in achieving sustainability. We need to find ways
to accelerate the use and analysis of laws that can foster sustainability.
The authors of the articles in this special
issue have made a significant contribution to this objective, and we editors
are grateful for their efforts.”
References
1. “Ashford, N.A.; Hall, R.P.
The importance of regulation-induced innovation for sustainable
development. Sustainability 2011, 3, 270-292.
2. Medina, R.; Tarlock, A.D. Addressing climate
change at the state and local level: using land use controls to reduce
automobile emissions. Sustainability 2010, 2,
1742-1764.
3. Craig, R.K.; Ruhl, J.
Governing for sustainable coasts: complexity, climate change, and coastal ecosystem
protection. Sustainability 2010, 2, 1361-1388.
4. Goepel, M. Formulating future just policies: applying
the Delhi sustainable development law principles. Sustainability 2010, 2,
1694-1718.
5. Schutz, A.B. Grassland
governance and common-interest communities.
Sustainability 2010, 2, 2320-2348.
“
Today in the world there is broad agreement that the
concept of sustainable development is a hope
for the survival and rebirth of our planet. An awareness of the importance
of a healthy environment is increasingly stronger
in the international community in general, but also in the countries
individually. It was necessary to go a long way to come to the conclusion that
the transition to a safe and sustainable economy with minimal negative effects on the environment is
possible and inevitable.
In this process, legal regulations have an
important role. There is a large number of international and national
documents which regulate the issue of environmental protection and
sustainable development.
Many states harmonize their national
legislation with international regulations in this area. This
is logical, because
the environment knows no political boundaries.
However, not every country is equally able to establish satisfactory standards in environmental protection. It requires the necessary financial
resources to be continuously set
aside. It is known that investing in
a healthy environment does not make quick and easy political points. It is not always simple to
motivate the state governments to
turn to this kind of environmentally-oriented policy. However, it is evident that the situation is improving on this subject.
The adoption of quality regulations in this
field is only the
first step and it is not an easy one. After the adoption, the regulations shall be respected. As a person obeys legal regulations, from their own
beliefs about the correctness of behavior that a legal act requires, or out of fear of sanctions that can
follow, it is clear that the regulations in the field of environmental protection and sustainable development are a
very important means which can act as a powerful corrective
to undesirable behavior towards the
environmenToday in the world there is broad agreement that the
concept of sustainable development is a hope
for the survival and rebirth of our planet. An awareness of the importance
of a healthy environment is increasingly stronger
in the international community in general, but also in the countries
individually. It was necessary to go a long way to come to the conclusion that
the transition to a safe and sustainable economy with
minimal negative effects on the environment
is possible and inevitable.
In this process, legal regulations have an
important role. There is a large number of international and national
documents which regulate the issue of environmental protection and
sustainable development.
Many states harmonize their national
legislation with international regulations in this area. This
is logical, because
the environment knows no political boundaries.
However, not every country is equally able to establish satisfactory standards in environmental protection. It requires the necessary financial
resources to be continuously set
aside. It is known that investing in
a healthy environment does not make quick and easy political points. It is not always simple to
motivate the state governments to
turn to this kind of environmentally-oriented policy. However, it is evident that the situation is improving on this subject.
The adoption of quality regulations in this
field is only the
first step and it is not an easy one. After the adoption, the regulations shall be respected. As a person obeys legal regulations, from their own
beliefs about the correctness of behavior that a legal act requires, or out of fear of sanctions that can
follow, it is clear that the regulations in the field of environmental protection and sustainable development are a
very important means which can act as a powerful corrective
to undesirable behavior towards the environment
Today in the world there is broad agreement that the concept of sustainable development is a hope for the survival and
rebirth of our planet. An awareness of the importance of a healthy
environment is increasingly stronger in the
international community in general, but also in the countries individually. It
was necessary to go a long way to come to the conclusion that the transition to
a safe and sustainable economy with minimal
negative effects on the environment is possible and inevitable.
In this process, legal regulations have an
important role. There is a large number of international and national
documents which regulate the issue of environmental protection and
sustainable development.
Many states harmonize their national
legislation with international regulations in this area. This
is logical, because
the environment knows no political boundaries.
However, not every country is equally able to establish satisfactory standards in environmental protection. It requires the necessary financial
resources to be continuously set
aside. It is known that investing in
a healthy environment does not make quick and easy political points. It is not always simple to
motivate the state governments to
turn to this kind of environmentally-oriented policy. However, it is evident that the situation is improving on this subject.
The adoption of quality regulations in this
field is only the
first step and it is not an easy one. After the adoption, the regulations shall be respected. As a person obeys legal regulations, from their own
beliefs about the correctness of behavior that a legal act requires, or out of fear of sanctions that can
follow, it is clear that the regulations in the field of environmental protection and sustainable development are a
very important means which can act as a powerful corrective
to undesirable behavior towards the environment
Today in the world there is broad agreement that the concept of sustainable development is a hope for the survival and
rebirth of our planet. An awareness of the importance of a healthy
environment is increasingly stronger in the
international community in general, but also in the countries individually. It
was necessary to go a long way to come to the conclusion that the transition to
a safe and sustainable economy with minimal
negative effects on the environment is possible and inevitable.
In this process, legal regulations have an
important role. There is a large number of international and national
documents which regulate the issue of environmental protection and
sustainable development.
Many states harmonize their national
legislation with international regulations in this area. This
is logical, because
the environment knows no political boundaries.
However, not every country is equally able to establish satisfactory standards in environmental protection. It requires the necessary financial
resources to be continuously set
aside. It is known that investing in
a healthy environment does not make quick and easy political points. It is not always simple to
motivate the state governments to
turn to this kind of environmentally-oriented policy. However, it is evident that the situation is improving on this subject.
The adoption of quality regulations in this
field is only the
first step and it is not an easy one. After the adoption, the regulations shall be respected. As a person obeys legal regulations, from their own
beliefs about the correctness of behavior that a legal act requires, or out of fear of sanctions that can
follow, it is clear that the regulations in the field of environmental protection and sustainable development are a
very important means which can act as a powerful corrective
to undesirable behavior towards the environment
Today in the world there is broad agreement that the concept of sustainable development is a hope for the survival and
rebirth of our planet. An awareness of the importance of a healthy
environment is increasingly stronger in the
international community in general, but also in the countries individually. It
was necessary to go a long way to come to the conclusion that the transition to
a safe and sustainable economy with
minimal negative effects on the environment
is possible and inevitable.
In this process, legal regulations have an
important role. There is a large number of international and national
documents which regulate the issue of environmental protection and
sustainable development.
Many states harmonize their national
legislation with international regulations in this area. This
is logical, because
the environment knows no political boundaries.
However, not every country is equally able to establish satisfactory standards in environmental protection. It requires the necessary financial
resources to be continuously set
aside. It is known that investing in
a healthy environment does not make quick and easy political points. It is not always simple to
motivate the state governments to
turn to this kind of environmentally-oriented policy. However, it is evident that the situation is improving on this subject.
The adoption of quality regulations in this
field is only the
first step and it is not an easy one. After the adoption, the regulations shall be respected. As a person obeys legal regulations, from their own
beliefs about the correctness of behavior that a legal act requires, or out of fear of sanctions that can
follow, it is clear that the regulations in the field of environmental protection and sustainable development are a
very important means which can act as a powerful corrective
to undesirable behavior towards the environment
Today in the world there is broad agreement that the concept of sustainable development is a hope for the survival and
rebirth of our planet. An awareness of the importance of a healthy
environment is increasingly stronger in the
international community in general, but also in the countries individually. It
was necessary to go a long way to come to the conclusion that the transition to
a safe and sustainable economy with minimal
negative effects on the environment is possible and inevitable.
In this process, legal regulations have an
important role. There is a large number of international and national
documents which regulate the issue of environmental protection and
sustainable development.
Many states harmonize their national
legislation with international regulations in this area. This
is logical, because
the environment knows no political boundaries.
However, not every country is equally able to establish satisfactory standards in environmental protection. It requires the necessary financial
resources to be continuously set
aside. It is known that investing in
a healthy environment does not make quick and easy political points. It is not always simple to
motivate the state governments to
turn to this kind of environmentally-oriented policy. However, it is evident that the situation is improving on this subject.
The adoption of quality regulations in this
field is only the
first step and it is not an easy one. After the adoption, the regulations shall be respected. As a person obeys legal regulations, from their own
beliefs about the correctness of behavior that a legal act requires, or out of fear of sanctions that can follow,
it is clear that the regulations in
the field of environmental protection and sustainable development are a very important
means which can act as a powerful corrective
to undesirable behavior towards the
environment.
8
B Wylynko, ‘Beyond Command and Control’ in RB Gibson (ed), Voluntary
Initiatives: the New Politics of Corporate Greening (Broadview, 1999) 161, 161.
49 European Commission, Communication on Integrated Product Policy,
COM(2003)302 final. 50 Hajer, above n 43. 51 Ibid; P Christoff, ‘Ecological
Modernisation, Ecological Modernities’ (1996) 5 Environmental Politics 476.[1]
Professor,
Osgoode Hall Law School, York University. ** Professor, Osgoode Hall Law
School, York University. 1 Millennium Ecosystem Assessment, Ecosystems and
Human Well-Being: Synthesis (Island Press, 2005), at
www.millenniumassessment.org. 2 Ibid. 3 UNEP, 10 Years After Rio: The UNEP
Assessment (UNEP, 2002).
[3][3]4 S Bell and D McGillivray,
Environmental Law (5th edn, Blackstone, 2000) 411. 15 See S Kawashima, ‘A
Survey of Environmental Law and Policy in Japan’ (1995) 20 North Carolina
Journal of International Law and Commercial Regulation 231. 16 ZJB Plater,
‘From the Beginning, A Fundamental Shift of Paradigms: A Theory and Short
History of Environmental Law?’ (1994) 27 Loyola of Los Angeles L Rev 981, 1003.
17 Eg G Teubner, ‘Substantive and Reflexive Elements in Modern Law’ (1983) 17 L
& Society Rev 239, 240, 253–4; Abbot, ch 3, this vol. 18 E Orts, ‘Reflexive
Environmental Law’ (1995) 89 Northwestern University L Rev 1227, 1257. 19 Bell
and McGillivray, above n 14, 177–89 (discussing the nature of environmental
regulation from a UK perspective).
[4] 4 Johannesburg Declaration on
Sustainable Development (2002), UN Doc A/CONF.199/20, at 1, para 13. 5 See the
reports of the European Environment Agency at www.eea.eu.int. 6 Millennium
Ecosystem Assessment, Living Beyond Our Means: Natural Assets and Human
WellBeing (Statement from the Board) (pre-publication draft, Millennium
Ecosystem Assessment, 2005) 2.
Article Information
ROLE OF ENVIRONMENTAL LAW IN SUSTAINABLE BUSSINESS
Authors: PRAGYA PRIYA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/08
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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