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Sustainable development in the rule of law

By Fernando Alberto Calle Hayen: 0 Comment(s)Print E-mail China.org.cn, September 12, 2013

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We talked about the principles of prevention and precaution, because it is not " to repair", as in the case of torts, it has to be prevented the damage, as happened after effects are almost always irreversible. Such is the case of phenomena such as acid rain, global warming, the greenhouse effect, the weakening or breakdown of the ozone layer, among others.

In the 1972 Stockholm conference raised the dilemma: "environment and development", but twenty years later, in the Rio meeting changed the disjunctive and imposes the concept of "environment and development", through the figure of the "sustainable development" was coined about misunderstood aphorism that "the polluter pays", so the monetary wealth considering buying natural wealth, but the damage is so great and so prolonged effects, there is no equity enough to repair.

We must remember that to our time The Human Rights manage and expresse its development in space, time and reality of each country.

Development and economic growth for companies and developed countries must be tailored sustainable development that threatens the generation of pollution and devastation and misery for the people of third world countries or on the way to the viability and human beings themselves viable countries.

"The rights of the poor confronts the obligations of the rich", as a result of a mode of production that generates the problem of an economic model where the prevailing profit, must be understood in our times because of the survival of the planet and the environment.

In other words, the individual rights of some tend to prevail over the collective rights of many, the rights of "patents" and industrial property are faced against environmental law and life itself.

We ask ourselves: can it be patented environment, can it be patented life itself? The technology is state of the art of the industry and the refutatorio right is the voice of the technology and industrial pollution or pollute when the alleged offender says: "I have a license", as if it were a patent that deer allows you to degrade, the problem is not license, but behavior change to prevent damage. The regulatory right is witten by technical, behind the natural law, which is the very source of environmental law and that is the legal contradiction that we must end, and should be added to it a solid environmental regulation.

From the Rio Declaration two principles can be highlighted, that are fundamental but perhaps contradictory: Principle 1: "Human beings are at the center of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature ". Principle 2: "In accordance with the Charter of the United Nations and the principles of international law, States have the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction ".

We realize that sovereignty today is less restrictive than before and environmental issues, forces you to be generous and contemplative to the damage that could be caused to the neighbor, without realizing that not only is damage to humanity, but as Consequently eventually come reverberates who generated.