CHAPTER2

ENVIRONMENT AS A CONTESTED SITE

2.1 Inclusion of Environmental Iss~es in the National and International

Agenda
Environmental issues became the focus of international attention with the
Stockholm United Nations Conference on Human Environment of 1972. As
Lynton Caldwell points out, this conference "legitimized environmental policy as a
universal concern amongst nations, and so created a place for environmental issues
on many national agendas where they had been previously unrecognized . . . [T]he
growth of international environmental cooperation during the 1970s and thereafter
is an aspect of a larger social transition. It is an expression of a changing view of
mankind's relationship to the earth." 1 Environmental concerns had preexisted the
conference and in most parts of the world there was an environmental lobby of
some sort.

The philosophy underlying the various environmental groups even within countries
differed, different worldviews informing them. In any case these groups formed a
minority in their respective countries, and were largely supported by the grassroots.
Rachel Carson's book Silent Spring published in 1962 in the U.S 2received wide
publicity and made a tremendous impact in the Western world, sending shock
waves.

The Green movement in Germany had its roots in the students movement of the
60s. Many of those who were active in those turbulent times later joined the youth

As quoted in Elizabeth Economy and Miranda A. Schreurs, "Domestic and International

Linkages in Environmental Politics", in Miranda A. Schreurs and Elizabeth Economy, eds.,
The Internationalization of Environmental Protection (Cambridge, 1997), p. 1.
Ramachandra Guha and Juan Martinez-Alier, Varieties of Environmentalism : Essays North
and South (Delhi,l998), p. xiii; Lars Bjorkbom, "Resolution of Environmental Problems: The
Use of Diplomacy", in John E. Carroll, ed., International Environmental Diplomacy : The
Management and Resolution of Transfrontier Environmental Problems (Cambridge, 1998), p.
135; Miranda A. Schreurs, "Domestic Institutions and International Environmental Agendas in
Japan and Germany", in Elizabeth Economy and Miranda A. Schreurs, eds., The
Internationalization of Environmental Protection (Cambridge, 1997), p. 140; Albert Weale,
"Vorsprung durch Technik? The Politics of German International Regulation", in Kenneth
Dyson, ed., The Politics of German Regulation (Aldershot, 1992), p. 159.

17
wmg of the SPD (Social Democratic Party of Germany). However being
disillusioned with the lack of sincere commitment to the issue within the party,
many drifted out of the SPD to form citizens initiatives and the extra parliamentary
opposition to apply pressure on the government from outside to formulate
appropriate strategies and policies to conserve and protect the environment. 3 Their
actions were particularly directed against the expansion of nuclear power stations
which the Greens were against both from the point of view of possible radiation
risks and due to its dual use potential for military purposes; the Greens also
opposed extension of airport runways etc ..

In India also many peoples and social movements have had environment as a pivot,
be they the Chipko, the Narmada Bachao or the activities of the Samaj Parivartan
Samudaya in Karnataka to name but a few. Peasant resistance hinging on
environment was prevalent during British times as well, when the British sought to
benefit from the commercial exploitation of forests.

The concept of environmentalism is very complex. It's evolution is time and region·
specific. It is pluralistic even within the context of one nation, ranging from the
wilderness concept of conservation of pristine nature for it's own sake or at best
for recreational purposes to that of the concept of social and distributive justice
where the focus is on the survival of ecosystem peoples i.e. those dependent on
their habitat for subsistence and the survival of their cultures. 4 It is often
claimed that only the rich can afford the luxury of being environmentalist, that
environmentalism is a post-materialist phenomenon- a craze for those whose basic
needs and more have been fulfilled and who now crave the solace nature offers
them, a refuge as it were from the rush of daily urban, industrial life. In this sense
nature is viewed nostalgically and romantically to balance the alienation created by
urban living. Such an outlook automatically excludes the possibility of the have-
nots, the poor being environmentalists, but on the other hand the poor very often
demonstrate a stronger environmentalism than the rich for their very existence and

Weale, n.2, p.159. Thus for example the Bundesverband Biirgerinitiativen Umweltschutz
(Association of Citizens' Initiatives in Environmental Protection) was formed in 1972 and was
especially active in opposing construction projects.
4
As defined by Madhav Gadgil and Ramachandra Guha, Ecology and Equity: The Use and
Abuse ofNature in Contemporary India (New Delhi, 1995), p. 3.

18
livelihood depends on the environment. They do not then view it as being external
to themselves but rather themselves as an integral part of nature and strive for
harmony with it. In fact, the "environmentalism of the poor ... originates in social
conflicts over access to and control over natural resources: conflicts between
peasants and industry over forest produce, for example, or between rural and urban
populations over water and energy. Many social conflicts often have an ecological
content, with the poor trying to retain under their control the natural resources
threatened by state takeover or by the advance of the generalised market system". 5

At the same time environmental degradation is caused by both the rich and the
poor. The manner of damage inflicted and the cause thereof differ. In the case of
the rich it is their unashamedly profligate, consumerist lifestyles which have
resulted in large scale damage to the environment. The 6% of the world population
comprising the Americans has produced 40% of global pollution. 6 The poor on the
other hand often damage the environment through intensive overuse of land or
through the cutting of trees for fuel for purposes of survival.

Environment has made a late entry into formal politics and policy making both at
the national and international level. It still continues to be regarded as peripheral,
as compared to the importance meted out to economic and foreign affairs. Until the
late 80s, speeches delivered by foreign ministers or head of states at the U.N.
General Assembly had very few references if at all to the environmental situation
and even when these references were made they were not given any prominence. 7
This was again reiterated by Dr Jlirgen Bischoff, when he said that thirty years ago
environment was not an issue in any country and that issues gain in significance
only after their adverse affects are recognized. In the case of the environment also,
it was taken cognizance of after the degradation of the environment impacted on
humans; when health was impaired environmental issues came into prominence. 8

Guha and Martinez-Aiier, n. 2, p. xxi.

[Link], " United States Environmental Policy and International Law : Stockholm
Principle 21 Revisited", in John E. Carroll, ed., International Environmental Diplomacy: The
Management and Resolution of Transfrontier Environmental Problems (Cambridge:
Cambridge University Press, 1988), p. 49.
Bjorkbom, n.2, p. 135.
Interview with Dr. Jiirgen Bischoff, Director Environment Advisory Services for
Environmental Management, GTZ, New Delhi, 30.1.2003.

19
 Initially it is concerned citizens who take up the issue and as more and more people
become aware of it, it assumes sufficient national importance to become a national
issue which is also then reflected in political debates and finally if it achieves
global significance or is interpreted as such, it culminates in becoming the focus of
international debates and conventions.

2.2 Emergence of Environmental Issues in the FRG

Environmental awareness in Germany as in the rest of Western Europe appeared in
the aftermath of industrialization by the middle of the 18th century. 9 In the 20th
century, although certain sections of the population continued to be
environmentally conscious, environment was not till the 1960s a serious issue.
Post-war West Germany, till as late as the 1960s, had an environmental protection
system dating back to the time of the first World War and which had its roots in the
period of industrialization of Germany. It seemed to serve the purpose, since
environment was not a priority, the immediate concerns in the 1950s being that of
reconstructing Germany as rapidly as possible. In fact the so-called economic
miracle (the Wirtschaftswunder) is symbolic of this phase. Even when
environment was taken up in the 1970s there was no move to create a new ministry
for this purpose and public policy in this area as well as its implementation relied
on traditional approaches, institutions and instruments. "The primary instruments
of environmental policy remained legal regulation and pollution charges based on
administrative costs, with relatively little attention paid to economic instruments
like tradeable permits or to strategies of self-regulation". 10

In the post-war period the Federal Republic of Germany grew in the shadow of the
U.S .. As a result American influence was tangible in all spheres of German life
including the environment. The strong environmental movement of the 1960s in
the U.S. found its echoes in the German students movement of the same period.
The students movement in the FRG challenged and questioned the validity and
legitimacy of the existing post-war value system with its emphasis on affluence

9
Jost Hermand, Grune Utopien in Deutschland: Zur Geschichte des okologischen Bewufitseins
(Green Utopias in Germany : A History of Ecological Awareness) (Frankfurt am Main, 1991 ),
p. 17.
10
Weale, n.2, p. 160.

20
 and consumerism. It was instrumental in bringing environment along with other
issues to the fore. 11 The rapid spread of public awareness can be guaged from the
fact that opinion polls revealed there was a steep drop in the number of people who
had not heard of environmental protection from 59% to 8% in the period between
September 1970 and November 1971. 12

Traces of this concern were then reflected in the policy agenda of the SPD-FDP,
the socialist-liberal coalition which came to power in 1969. Seeking to carve a
distinct identity for itself to herald the end of 20 years of conservative party rule in
the FRG, the new coalition under Brandt introduced a "reformist policy package"
which included pollution control as an important element. In 1971 a federal
environmental programme was created, having as its core the three pr~nciples of
the polluter pays, precaution and cooperation. 13 The Rat der Sachverstandigen fur
Umweltfragen (Council of Experts on Environmental Issues), modelled on the U.S.
Council of Environmental Experts, was created and it produced regular reports on dv ~~
environmental issues , sometimes concerning specific problems, while at other 1 ..._~r .~
(!..C:I {j

times more general issues were taken up. Under the latter, it took up the issue of ~,..Z. \ .r·:
~.;'>_ -~ .,
weak implementation of environmental regulations, "the so-called implementation ~:; t.~ (_ .. ; , • -- -
' '--~-~~~~_;;~>~
deficit" in the FRG. In 1974 , a Federal Environment Agency was established for
I research into environmental issues. Its function was to provide "research assistance
:t
r
and advice to the ministry responsible for constructing and formulating
regulations" 14 and make available data for identifying environmental hazards.

2.2.1 The Vorsorgeprinzip or the Principle of Precaution

With time new thinking manifested itself with regard to environmental policy and
so was born the principle of precaution or the Vorsorgeprinzip. This had its genesis
m the introduction Hans-Dietrich Genscher 15 wrote to the Environmental

11
Thus for example Albert Weale, ibid., draws attention to the fact that it was the highly educate
in the FRG, who were also internationally aware, who were active in the environmental
movement. This involvement left an indelible mark on German politics "increasing public
participation in the policy process, reconfiguring patterns of interest-group representation and
restructuring the party system." p.159. Tf ~J

:: ibid., P· 159. Ulf1. 4 1.1 .u~ 55 rN-;

Schreurs, n.2, p. 140; see also Weale, n.2, pp. 164 ff. "'J
14

15
Weale, n.2, p. 165; see also Schreurs, n. 2, p. 140. P3
Genscher, a liberal and later Foreign Minister of the FRG from 1974 to 1992, under
Chancellors Helmut Schmidt and Helmut Kohl, was then the Minister of the Interior and

21
Programme of 1972, in which he emphasized the aspect of long-term planning
being indispensable to environmental policy. He stated, "Environmental planning
must depend upon an environmental law that makes protection and development of
nature an urgent matter of public precautionary concern". 16 The essence of the
Vorsorgeprinzip lay in the need to anticipate, rather than to simply react to
environmental problems.

As with all things, it took time to internalize and implement efficiently and
effectively. In the beginning the FRG continued to react rather than preempt as was
the case with forest death (Waldsterben) and forest damage (Waldschaden).
Nevertheless this principle has come to stay and has stood Germany in good stead,
helping it to achieve a leadership role in the field of environment protection
internationally. It was possible to gamer support for it because it appeared at a
fortuitous time, to coincide with ideas prevalent amongst the policy making elite of
Western Europe in the 1980s, namely with the concept of 'ecological
modernization'. According to this concept or ideology, environmental protection
and economic development are not antagonistic concepts, rather they complement
each other. High standards of environmental protection serve to promote greater
international economic competitiveness : pollution control technologies add value
to products, making them environmentally sound and hence contribute to the
securing of new markets in the long term. The Vorsorgeprinzip, the principle of
precaution, is thus a handy instrument in capturing new markets. " ... the
development of pollution control equipment and technology could be a potent
source of economic gain in global markets, so that by requiring high standards of
pollution control the state had a device by which it could steer the economy on a
new path". 17 Research and development for environmentally friendly technologies
received a spurt and was supported by the government.

More stringent environmental regulations were sought to be put in place first

domestically and then internationally. The rationale behind this was the principle

pollution control had been transferred from the Ministry of Health to the Ministry of Interior in
1969.
16
Weale, n.2, p. 165, italics added.
17
ibid., p.l70.

22
 of precaution or the Vorsorgeprinzip. The realization of this principle necessitated
the application of the state of art technology (Stand der Technik) and in Germany
this was sought to be translated into practice not by legally prescribing the use of
any particular technology but rather by setting the ceiling for permissible emissions
or pollution. The entrepreneurs were free to decide the best possible way of
complying with the regulations and standards thus formulated. The emission
standards normally reflected the technology available on the market. The strategy
underlying the German environmental regulation was to keep a close watch on
emerging new technologies of pollution control as they were developed by
industry and then to correspondingly set new and more stringent limits. 18

The anticipation of environmental problems necessitates advanced research in the

area. Consequently, the other characteristic of the Vorsorgeprinzip is that it
privileges scientific expertise, giving it the benefit of doubt, even when
uncertainity persists with regard to the outcome. It is through this legitimizing of
19
the epistemic community, that the need for the principle of precaution can be
rationally justified. The epistemic community lends the Vorsorgeprinzip
credibility. This is not to imply that the epistemic community and the German or
any other government are in league with each other. Often interests coincide. Often
genuine concerns of the community may be utilized by the government to further
the interests of its economy. Interestingly eleven different meanings have been
attributed to the Vorsorgeprinzip, the principle of precaution, and the common idea
underlying them all is "the need to regulate for environmental protection where the
benefits cannot be directly and tangibly related to the costs of the measures
adopted". 20

18
For the foregoing discussion see ibid., pp. 160ff.
19
The term derived from Peter Haas meaning " a network of professionals with special expertise and
policy-relevant knowledge within a given domain" - Kal Raustiala, "The domestic politics of global
biodiversity protection in the United Kingdom and the United States", in Miranda A. Schreurs and
Elizabeth Economy eds., The Internationalization of Environmental Protection (Cambridge, 1997) p. 57.
This could also include transnational expert groups of scientists, bureaucrats, journalists and NGOs active
in that field- see Schreurs and Economy, n.l, p.2.
20
Weale, n. 2, p. 172

23
 [Link] Reaction of German Industry to the Vorsorgeprinzip
At the heart of ecological modernization seems to be the notion that environmental
standards are indispensable or a prerequisite for the economic health of a country.
And unquestionably the economy forms the core of a capitalist society. "Once ...
the political and economic elite came to see the export and growth potential
inherent in the development of new pollution control technologies, the simple
antagonism between economy and environment in decision-making was broken
down". 21

At first the German industry was reluctant to accept the Vorsorgeprinzip, believing
it would erode the competitiveness of German goods on the international market,
since trade was not governed by universally applicable international
environmental norms and standards. The situation was further aggravated by the
resignation of Chancellor Brandt in 1974 and the onset of recession. The domestic
environmental agenda in the FRO suffered a setback. The new Chancellor Helmut
Schmidt was more a pragmatist then a visionary. The oil price hike of 1973 led to
vehement opposition by the industry against environmental initiatives for fear that
these would further adversely effect the competitiveness of German industry
internationally. Consequently in 1975 the Chancellor gave in to pressure from
industry and the trade unions to relax environmental standards. 22 In fact in 1974 a
special unit was established in the Federal Ministry of Economic Affairs having as
its stated objective the task of checking the costs of environmental policy
measures. Again at the time of the second oil-price hike, the FRG in 1979 opposed
further reduction of sulphur dioxide emissions at the Convention on Long-Range
Transboundary Air Pollution fearing additional costs to its' industry, as is
discussed later in the chapter. Neither did it exert itself to propound a pro-
environmentalist line at international conferences at this time?3 It is clear from the
foregoing that economic interests are paramount and environment subordinate to
these particularly in times of stress and crisis.

21
ibid., p. 179.
22
Schreurs, n.2, p.J40.
23
For a discussion of the foregoing, see Weale, n. 2, pp. 169ff.

24
 2.2.2 The Enmeshing of the German Domestic Environment Policy with the
Emerging Internationalization of the Environment
The Stockholm United Nations Conference on Human Environment, as has been
mentioned earlier, was the real watershed for environmental concerns. Organized
at the behest of Sweden, Canada and some other nations due to the phenomenon of
acid rain ravaging their landscapes, it drew the attention of the world to the rapidly
deteriorating state of the environment and put it on the international agenda. At the
time however the FRG was not an enthusiastic proponent of the environment. This
was evidenced by the FRG's reluctance in accepting the obligations of the Long-
range Transboundary Air Pollution (LRTAP) Convention signed in Helsinki in
1979, mention of which has been made above.

The FRG, at Helsinki, was more strong on rhetoric than on action. The
negotiations to the Convention took place only because the then USSR was eager
to ease off the pressure building up on itself within the framework of the CSCE
with regard to human rights and the right to information by showing interest in
trade, scientific exchange and environment. They viewed this as a "political gain"
which would prove the viability of the CSCE process while for West Europe and
North America, where most governments were lukewarm "at that time to do
anything which would entail costly investments, the Convention with its watered
down demands for action was a cheap price for showing international goodwill"24
since most countries then did not take the issue seriously. "The Nordic countries
were calling for stringent and binding controls of sulphur dioxide pollution . . . on
the other [hand], countries such as the Soviet Union, Poland, West Germany and
the UK, some of the major polluters [were], refusing to take part in any convention
requiring a percentage reduction of S0 2 emissions or imposing a ceiling which
would prohibit increases in national pollution levels. They claimed that more
research was required before the relation between cause and effect could be
effectively proved". 25

24
Bjorkhom, n.2. p.I30.
25
Erwan Fouere, "Emerging trends in International Environmental Agreements", in John E. Carroll, ed.,
International Environmental Diplomacy : The Management and Resolution of Transfrontier
Environmental Problems (Cambridge, I 988), p.35.

25
It was only later, with more evidence collected to show the devastating effect of
acidification on the forests of Central Europe as well as those in the Black Forest
of the FRG, that the latter's attitude changed?6 Added to this the domestic
political scene also underwent a change. For the first time in 1982 the Green party
(founded in 1979) managed to cross the 5% hurdle, winning 5.6% votes in the
elections and gained representation in the German parliament with 27
representatives. 27 Clearly environmental issues were gaining importance for the
German electorate. "The political temperature for action rose and was used inter
alia first by Sweden at the 1982 Stockholm Conference on Acidification of the
Environment, by West Germany, the Netherlands and Denmark within the EC
framework and by Canada ... to convene like-minded countries to the Ottawa
Conference". 28

The 1960s and the 1970s were marked by the leadership of the U.S. in
environmental issues, with both the UK and the FRG, and therefore also the
European Community, lagging far behind. In fact, when the EC first initiated an
action programme in the field of environment in the 1970s, the environment was
considered "as a desirable but optional extra that could be afforded when economic
conditions were favourable but had to be set aside when times were hard"?9 The
conflict between economic and environmental interest was obvious from the
outset; equally clear was which would be given precedence.

West German interest in environmental issues and international agreements on

environment gained momentum around 1986 prior to the signing of the Montreal
Protocol. One reason for this could be the Chernobyl reactor accident which
occurred in 1986 and provided the impetus for establishing the Federal Ministry of
the Environment, Nature Conservation and Reactor Safety in the FRG. The
incident highlighted the inability of the German environmental protection system
to handle the fall out of Chernobyl. The main task of the new ministry was to

26
ibid. p. 35,36; see also Bjorkbom, n.2, p.130
27
Petra K. Kelly, Thinking Green! Essays on Environmentalism, Feminism, and Nonviolence (Berkeley,
California, 1994) , p.6; see also Schreurs, n.2, p.l42.
28
Bjorkbom, n. 2, p. 130.
29
Fouere, n. 25, p. 33.

26
 develop policy and formulate regulations and legislation. 30 Other factors which
could have influenced the German volte face could also be the "number of
chemical spills on the Rhine and an extremely favourable level of voting for the
Greens in national elections". 31

In the run-up to the Montreal negotiations, three camps could be clearly

distinguished : the U.S. and countries supporting it were in favour of rapid and
strict controls, Japan, the Soviet Union and some others rejected regulation arguing
that the evidence was not conclusive and finally the European Union which
advocated the introduction of moderate measures at a slow pace. " In fact, the
contest was between a progressive coalition and a coalition of draggers, as for a
long time the EC had no serious interest in real CFC reductions. . .. Around 1986
West Germany began to part company with the common front in the EC, which it
had previously helped to draw up along with the United Kingdom and France.
West Germany now followed a line within the EC intended both to promote
European integration and to advocate regulation approaching the U.S. position". 32

The internal political situation, as well as the fact that atmospheric scientists were
joining issue publically through debates on the dangers of global warming and the
depletion of the ozone layer, that were reported extensively in the national press
probably induced the government to change its stance. Policy makers from the
ruling conservative CDU/CSU coalition and from the opposition SPD recognized
the importance ofthe environment. They therefore took up the subject ofCFCs and
worked with sympathetic scientists to set up the Study Commission "Protecting the
Earth's Atmosphere: An International Challenge". Members of the Commission
included scientific authorities. The broad objective was to work towards a far-
reaching decision which would justify the leadership role of the FRG within the
EC.

30
Weale, n. 2, p. 166.
31
Reiner Grundmann, " Policy Networks and Global Ecological Problems: The Case of the
Ozone Layer", Law and State ([Link]), vol. 58 (1998), p. 29.
32
ibid. pp. 28, 29.

27
 The German national media gave wide coverage to both the Chemobyl disaster and
the depletion of the ozone layer. Against this backdrop, politicians of the ruling
CDU/CSU party (since both the SPD and the Greens were already critical of the
CFCs) felt compelled, in the interest of retaining their credibility, to agree to the
elimination of the CFCs, despite the stiff opposition mounted by the German CFC
producing industry. 33

[Link] The Study Commission set up by the German Parliament, "Protecting

the Earth's Atmosphere: An International Challenge"

The terms of reference of the Study Commission set up by the German parliament
in 1987 included proposing national and international measures, both preventive
and regulatory, in the interest of protecting man and the environrnent. 34 Thus
throughout its report the Study Commission strongly urged the German
government to take on the leadership role in the field of environment. The
Commission recommended that " ... the Federal Republic of Germany should
endeavour to implement its contribution to the reduction of emissions - assigned to
it within the framework of an international convention - in such a way that it can
assume a pioneer role". 35

It suggested further, that the German government advocate a joint decision by the
major Western nations at the Economic Summit in 1989 demanding greater
stringency in the Montreal Protocol at the London meeting in 1990 and that this
issue also be taken up at the EC Summit Meeting. The Commission also proposed
Germany press for the inclusion of chlorinated compounds not covered by the
Montreal Protocol at the EC level and that the EC achieve the internationally laid
down mandatory reduction targets sooner than the deadline set. In June 1988
during the German term of presidency in the European Council an EC regulation
was passed for the implementation of the Montreal Protocol; at the same time

33
For a discussion of the foregoing see ibid. pp.28ff.
34
German Bundestag, Protecting the Earth's Atmosphere. An International Challenge. Interim
Report of the Study Commission of the JJ'h German Bundestag "Preventive Measures To
Protect the Earth's Atmosphere" (Bonn, 1989), p. 78.
35
ibid., p. 66; italics added.

2&
 another resolution was also passed which went beyond the goals set by the
Protocol.

The stage was set for Germany assuming the leadership role within the EC. At the
same time this was to serve as a springboard for the Germans to take on the global
leadership in the field of environment, filling the vacuum left by the retreat of the
U.S. 36 To this end the credibility of the FRG vis-a-vis its commitment to
environmental protection and conservation had to be established and therefore the
Study Commission strongly recommended that the Federal Republic of Germany
set a positive example by taking the lead in introducing stricter limits.

The Study Commission advised the FRG to be the role model both at national and
at international level by taking the initiative for preventive action in order to
protect the Earth's atmosphere. It was proposed that the FRG drastically reduce
emissions of all climatically relevant trace gases. The report also favoured
assistance to be extended to the developing countries. Thus it specified that
industrialized countries provide substitute materials and technologies to third
countries at the same time as these are available in the industrialized nations, and
that the technologies required are in fact transferred. It strongly advocated that the
thrust of the development assistance policy of the Federal Republic of Germany
should be in the area of developing ecologically sound and efficient energy supply
systems in developing and newly industrialized countries. 37

This was in sharp contrast to the attitude of the U.S. which in London in 1990
prevented the creation of a fund and mechanisms for the transfer of technology to
enable the developing countries in meeting their treaty obligations under the
Montreal Protocol. Finally a Multilateral Fund for the Montreal Protocol was
created in 1990 to co,»1pensate the developing countries for the incremental costs
undertaken by them in phasing out ozone depleting substances. 38

36
This was due to the anti-environment stance of the Reagan administration, which even sought
to reduce U.S. contributions to the United Nations Environment Programme by as much as
70%. For a more detailed discussion see Springer, n. 6, pp. 52ff.
37
The foregoing discussion is based on the Study Commission's Interim Report, n. 34, p. 55ff..
38
Joanne M. Kauffmann, "Domestic and International Linkages in Global environmental
Politics: A Case Study of the Montreal Protocol", in Elizabeth Economy and Miranda A.

29
The Study Commission decided unanimously that CFCs were indeed the cause of
the ozone hole and recommended a 95% reduction of CFCs as the national target.
On the basis of the conclusions of the Study Commission, which carried some
weight within the EC, it was possible for the FRG to push its' line within the EC.
As a result, by the mid-1980s to late 1980s, Germany emerged as a leader within
the European Community, seeking to establish international regulations on ozone-
depleting substances. Through its proactive role the German government also
hoped to win back conservative supporters of the Green Party in Germany. By the
end of the 1980s, Germany was indisputably emerging as an international
environmental leader.

Finally the industrialist lobby within the country also sought to pressurize the
government to ensure the application of uniform environmental standards globally
so that it would not loose out internationally. The confidence of the German
industry reflected Germany's leading position in terms of state of the art
environmental technology at the international level. Internationally binding
environmental standards would work to the advantage of the industry, both in
terms of opening new markets for German state of the art technology as well as for
providing a level playing field for the products of German industries using this
technology.

[Link] Working Towards Sound Environmental Management

At most of the global international conferences Germany tries to push for more
stringent reduction targets, as has been mentioned above, with regard to the CFCs
and other greenhouse gases. In the coalition agreement signed by the Social
Democratic Party and the Btindnis90/die Grtinen on October 1ih 2002 it has been
stated that in keeping with its pioneering role in the area of climate change
Germany would take the offensive and call for the EU to reduce its greenhouse gas
emissions by 30% by 2020 in comparison with the base year of 1990 for the
second period of commitment of the Kyoto Protocol. If the EU makes the
necessary commitment, Germany would reduce its greenhouse gas emissions by

Schreurs, eds., The Internationalization of Environmental Politics (Cambridge, 1997), pp. 87,
88.

30
 40%. This was reiterated again in an article by Jiirgen Trittin, the German Federal
Minister for Environment, who himself is a Green Party member, in The Hindu39
at the time of the Conference on Climate Change and Sustainable Development
hosted by India from 23 October 2002 till 1 November 2002. He declared greater
reductions are necessary than those already committed to if the ultimate goal of
stabilizing the climate is to be achieved.

At the World Summit on Sustainable Development in Johannesburg in August

2002, the European Union took the initiative to form a group of like-minded
countries, which are willing to agree on timetables and targets for increasing the
use of renewable energies. [Link] Trittin maintains that Germany is convinced that
renewable energies hold the key to the future : "For this reason , the German
Government is dedicated to fund renewable energies and energy efficiency projects
in developing countries with one billion Euro ( ... ) over the next five years. Further
Germany has committed itself to increase the share of renewable energy in
electricity production from currently 6.5 to 12.5% by the year 2010. Also,
Germany will be inviting the world community by the end of 2003 to a meet that
will address this issue."40 In doing so Germany is translating the recommendations
of the Study Commission into action.

Thus by consistently setting more ambitious goals for itself domestically, Germany
retains its position as world leader and trendsetter both in the field of environment
and that of environmentally sound technologies. It therefore provides an edge to its
industry by ensuring that they have a head start in evolving newer and ever more
appropriate technologies, which in turn would be in demand when the rest of the
world follows suit in accepting more stringent targets already in place in Germany.
It is seeking to take on the role of global sound environmental management
consultant.
2.3 Emergence of Environmental Issues in India
In India too the turning point for environmental issues was the Stockholm United
Nations Conference on Human Environment in 1972. The conference provided the

39
Jtirgen Trittin, "Climate Change and Sustainable Development", The Hindu (New Delhi), I
November 2002, p. 13.
40
ibid., p. 13.

31
 impetus for creating the legal framework for the environment with the aim of
conserving natural resources, protecting the environment and securing the well-
being of the people. 41 The preparations for the conference ultimately led to the
eventual institutionalization of environment in Indian politics. In fact it was at this
conference that the conflict of interests between the North and South became
inescapably apparent. The conference which had been " viewed as a global
meeting to discuss problems of primary concern to developed countries rapidly
evolved into an often heated dialogue between North and South. The battle over
what became Principle 21 of the Stockholm Declaration on the Human
Environment was particularly intense." 42

2.3.1 Institiutionalization of the Environment at the National Level

As a run up to the Stockholm Conference of 1972, a Committee on Human
Environment was set up to coordinate the government's preparations for the
conference since environmental activities were dispersed over several ministries,
as till then no nodal agency existed which was responsible for the same. The
reports prepared by the Committee enabled the government to assess the state of
the environment as also the impact of population growth on environment. By early
1972 there was a growing realization of the need for a national body responsible
for coordinating the widely dispersed activities relating to environmental policies
and programmes and for integrating environmental concerns in the plans for
economic development. This led to the creation of a National Committee on
Environmental Planning and Coordination (NCEPC) in the Department of Science
and Technology (DST). This Committee was never really influential and remained
an advisory body, the execution being undertaken by the concerned ministry or
government agency. Initially the non-official members were specialists but
gradually it was expanded and the specialists were reduced to a minority.

41
This fact is well documented - see Mukund Govind Rajan, Global Environmental Politics :
India and the North-South Politics of Global Environmental Issues (Delhi, 1997), p. 15; see
also Shyam Divan and Armin Rosencranz, Environmental Law and Policy in India : Cases,
Materials and Statutes (New Delhi,2001), p. 33; UNEP, State of the Environment: India 2001
(UNEP, 2001 ), p. 50 - the State of the Environment Report for India was prepared as part of
the UNEP's mandate to produce a Global State of the Environment Report for the 2002 Earth
Summit, Rio+ 10, at Johannesburg. The Ministry for Environment and Forests, Government of
India, the national implementing agency in India and TERI, the national collaborating centre
were substantively involved in this process.
42
Springer, n .. 6, p. 50.

32
 Cooperation with the government departments, which was indispensable for
tackling environmental degradation, was poor. 43

From the Fifth Five Year Plan ( 1974- 79) onwards environment found regular
mention with the injunction to reconcile developmental and environmental
interests while maintaining there was no contradiction in this. The Fifth Plan
explicitly linked environmental protection with the goal of poverty alleviation: the
Minimum Needs Programme was highlighted with the expectation that
improvement in the social and economic conditions of the poor would result in
minimizing pollution. 44 In 1976 the 42nd amendment to the Constitution of India
was made to address environmental concerns. This also included a section on
fundamental duties - henceforth it was the duty of every Indian to protect and
improve the natural environment45

The Sixth Five Year Plan46 contained an entire chapter on environment and
development and sustainable development became the cornerstone of environment
policy as enunciated in the Seventh Five Year Plan (1985- 1990). The Plan called
for cooperation with the voluntary sector in creating widespread environmental
awareness which was adjudged to be essential if degradation were to be effectively
contained. The Seventh Plan acknowledged the necessity for integrating
environmental concerns into the activities of various sectors in order to protect and
conserve the environment and natural resources. 47 The Eighth Five Year Plan
(1992 - 1997) categorically stated that planning in all major sectors such as
industry, science and technology, agriculture, energy and education would include
environmental considerations. 48 The Planning Commission set up an expert
committee for evolving long ten)l sectoral policies, including environment and
forest.

43
Divan and Rosencranz, n. 41, p. 33, 34; see also Rajan, n. 41, p. 19ff.
44
Planning Commission, Fifth Five Year Plan, 1974-1979 (New Delhi, n.d.).
45
Government of India, Ministry of Law, Justice and Company Affairs, The Constitution of India (New
Delhi, 1983), p. 23 ,p.24.
46
Planning Commission, Sixth Five Year Plan, 1980- 1985 (New Delhi, n.d.).
47
Planning Commission, Seventh Five Year Plan, 1985-1990 (New Delhi, n.d.).
48
Planning Commission, Eigth Five Year Plan, 1992-1997 (New Delhi, n.d.).

33
In India, where environmental issues are rarely discussed in political debates,
references to environment appear consistently in the political manifestos of major
national political parties only since 1980 debates. In 1980 a Committee for
Recommending Legislative Measures and Administrative Machinery for Ensuring
Environmental Protection was set up under the chairmanship of N.D. Tiwari, who
was then Deputy Chairman of the Planning Commission. This Committee
recommended the setting up of a Department of Environment and this department
was established in November 1980. 49

The Bhopal gas tragedy of 1984 marks a watershed in raising environmental

consciousness in the country. This leak from the Union Carbide pesticide factory
which killed more than 2,500 people and injured several thousand more exposed
the vulnerability of the country and its legal system to cope with disasters of this
magnitude. It provided the momentum for the formulation of stronger
environmental policies and new legislation was enacted to create, reorganize and
expand administrative agencies. 50 In the aftermath of the Bhopal gas tragedy, in
recognition of the gravity of environmental concerns, the Ministry of Environment
and Forests (MOEF) was created in 1985. In 1986 the Environment (Protection)
Act was enacted. This authorized the central government "to take all such
measures as it deems necessary or expedient for the purpose of protecting and
improving the quality of the environment and preventing, controlling and abating
environmental pollution." 51 Coming as it did in the wake of the Bhopal gas
tragedy, the Act reflected concerns for hazardous and toxic industrial pollutants.
Chapter III of the Act was devoted to this hazard. The Environmental (Protection)
Rules of 1986 further laid down the procedures for setting standards of emission or
discharge of environmental pollutants. 52

2.3.2 Environment, a Low Priority on the National Agenda

That environment remained a low priority as compared to development oriented
economic growth is clear from the resources allocated to it - these have grown

49
For the foregoing, see Rajan, n. 41, p. 15, p. 20.
50
Diwan and Rosencranz, n. 41, p. 35.
51
ibid., p. 673.
52
ibid., p. 684ff.

34
from roughly 0.04 per cent of the total public sector outlay in the Sixth Plan (1980
- 1985) to 0.4 per cent in the Eighth Plan (1992- 1997).

Further evidence of the low priority accorded to the environment is the fact that
only in recent times has the government, and that also due to judicial pressure,
come down hard on small and medium sized polluting industries forcing many to
relocate. The government was loath to take any action in this regard despite its
environment-friendly rhetoric until the judiciary took an uncompromising stance,
for fear of causing unemployment and hardship to the workers. Similarly, the
phasing out of diesel run buses in New Delhi was the result of judicial decisions
and not of government initiative.

Again, the Ministry of Environment and Forests document on sustaining

development, throughout emphasizes the concern of the government for the
environment, yet when it comes to the finances allocated to the ministry, it admits
that the share of the environment and forests sector in the Eighth Five Year Plan
outlay was a meager 1%. The document seeks then to rationally explain the
discrepancy between the words and action by stating that the "Eighth Five Year
Plan ( 1992-1997) was launched in this context of a shortage of financial
resources". 53

This almost reflects the attitude of the European Community when it initially
extended its activities to include the environment - that it was not a concern in
times of economic crisis. The privation prevalent in India does not bear
comparison with the European Community and therefore the environment is
consistently viewed as an issue not essential to survival. It is perceived by the
government as a quality of life issue viewed more as a luxury, with other issues
requiring more urgent attention and redressal.

In the West too, the perception of environment has undergone various shifts - from
a non-issue to one assuming life threatening proportions, in fact a matter of life and
death. To this end science has been introduced in support of such arguments but

53
Ministry of Environment and Forests,GOI, India: Sustaining Development (New Delhi, 1998), p. 69.

35
there again, the results of scientific studies are often conflicting leading to the
questioning of the objectivity of science per se. Is science really unbiased in the
current scenario of the battleground of environmental issues where the stakes are
high ? Scientific research necessitates the incurring of great expenditure and those
financing the research would also define its orientation. Moreover, when means are
limited, priorities have to be drawn up regarding the direction such research has to
take. Protecting and conserving the environment is no doubt of paramount
importance and deserves much serious thought. The question is not whether
environment is of consequence or not to the developmental process but rather how
to devise appropriate means to proceed with development without further
irreparably damaging the environment which is the basis of all life. In this context
it is pertinent to ask whether the only path to progress is that paved by the West
even in the sphere of environmentally-friendly or benign technologies. It would be
worth experimenting to arrive at technologies appropriate to the Indian reality
specifically, which could be adapted for others in the Asian region, if need be and
if possible.

2.4 India's Response to Environmental Concerns at International Fora

At the UN Conference on Human Environment at Stockholm in 1972, as has been
mentioned earlier, discord between the countries of the North and the South
manifested itself. Prime Minister Indira Gandhi set the tone of not only India's
response but also of most of the countries of the South, in her address to the
Conference. The Conference was significant because it was "the first real attempt
on a global level to set down basic principles and agree on new forms of world
cooperation ... ". 54 Prime Minister Gandhi succinctly articulated the right to
development on the part of the poor as well as laid the responsibility for the current
state of the environment at the door of the North. In doing so she established the
primacy of economic development over environmental concerns, which Mukund
Govind Rajan describes as orthodoxy in Indian foreign environmental policy. 55 She
justified the privileging of economic growth over environment in terms of the
urgency of reducing and ultimately eradicating poverty: In addition, she declared

54
Fouere, n. 25, p.30.
55
Rajan, n. 41, pp.25ff.
 science and technology to be the instrument for the eradication of poverty.
According to her environmental concerns and continuing poverty could not be
compatible.

She voiced the fears and anxieties of the developing world that the apparent
concerns of the developed nations might be a ploy to divert attention from the
issues of war and poverty, which to some might appear more pressing. She
expressed apprehension that this move might result in a deterioration in the terms
of trade for the developing world. Moreover the poor would have to be convinced
that ecology and conservation would indeed contribute towards improving their
quality of life and not work against them. Science was required for the upliftment
of the poor and the fruits thereof could not therefore be denied to the poor. "The
environmental problems of developing countries are not the side effects of
56
excessive industrialisation but reflect the inadequacy of development."

She wondered whether the concepts of "one earth" and "one environment" would
actually culminate in the idea of "one humanity". She asked "Will there be a more
equitable sharing of environmental costs and greater international interest in the
accelerated progress of the less developed world ?" 57 Finally she unequivocally
stated that although the developing countries would cooperate in the task of global
environmental protection, they would not do so at the cost of their sovereignty and
therefore reserved the right to set their own environment priorities.

The Indian strategy was thus based on upholding the internationally recognized
principle of sovereignty, primacy of development and the moral obligation of the
polluters to assist the developing countries in their quest for an equitable and
environmentally secure world. The prioritization of development over environment
was reiterated in the June 1991 Declaration of the Group of 77 also:
"Environmental problems cannot be dealt with separately; they must be linked to
the development process, bringing environmental concerns in line with the

56
Diwan and Rosencranz, n. 41, p.32; Fouere, n. 25, p.39; Rajan, ibid., p. 25.
57
Rajan, ibid., p26.

37
imperatives of economic growth and development. In this context the right to
development for the developing countries must be fully recognized." 58

2.4.1 The Right to Development

India's insistence on the nation's right to development was closely linked to the
domestic situation of mass poverty which it sought to overcome. The solution to
poverty lay according to the government in the rapid modernization of the country.
In the short term poverty might be accentuated, it was believed, but in the long
term the benefits of economic growth would be dispersed and eventually percolate
down to the poor. Economic growth would in time also make available the
resources needed for securing the environment. Consequently there was a strong
conviction that India as well as other developing nations should have the right to
determine the pace of environment protection measures themselves.

2.4.2 The Principle of Sovereignty

Closely related to this was the defence of the principle of sovereignty, which has
historically and traditionally been an integral part of Indian foreign policy. Having
attained sovereignty after a protracted freedom struggle India was wary of this
being encroached upon by the West in pursuit of its' own vested interests. This is
once again endorsed in the document on National Conservation Strategy and
Policy Statement on Environment and Development of the government which
declared "regulatory international regimes can be useful in some areas - such as
ozone depletion or even climate change - provided the special situation of
developing countries is fully addressed. But in other sectors - such as forestry -
such a regime is neither workable nor acceptable. In such sectors, what is required
is a reduction of international economic and commercial pressures which generate
unsustainable exploitation, and additional resources to tackle the damage already
59
done."

58
Beijing Ministerial Declaration on Environment and Development as quoted in Wolfgang
Sachs, ed., Global Ecology: An Arena of Political Conflict (London , 1995), p. 7.
59
Ministry of Environment and Forests, National Conservation Strategy and Policy Statement on
Environment and Development (New Delhi, 1992), p. 32.

38
 The principle of sovereignty was fiercely contested and fervently defended at
Stockholm resulting in the recognition of the state's responsibility for
environmental protection as articulated in Principle 21 of the Stockholm
Declaration.

"The debate at Stockholm centered on the apparent conflict between the still
controversial concept of 'permanent sovereignty over natural resources', of
such importance to delegates from developing countries, and the
responsibility of states to prevent extraterritorial damage, a principle that
environmentalists saw as fundamental to any global program to combat
pollution. The resulting formulation is a triumph of diplomatic compromise.
States have, in accordance with the Charter of the United Nations and the
principles of international law, the sovereignty to exploit their own resources
pursuant to their own environmental 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."60

2.4.3 The Principle of Equity

The Indian government has also sought to introduce the issue of equity in its
analysis of the international environment discourse and the agreements sought to
be thrust on itself and the developing world, as is clear also from the above quote.
It has enunciated unambiguously the need for a just economic order requiring
structural changes to be ushered in at the international level, which in tum would
result in the creation of an enabling environment for conservation and protection of
natural resources. The statement in the document on the National Conservation
Strategy and Policy Statement on Environment and Development is categoric in its
perception that a major reason for the ruthless exploitation of natural resources is
the balance of payments deficit in favour of the industrialized countries and the
concomitant debt problem, in some cases a veritable crisis. This sentiment has
been expressed earlier also in the same document. 61 Thus India concedes that the
scientific evidence available

60
Springer, n. 6, p. 50,51; see also Bjorkbom, n.2, p. 126.
61
Wolfgang Sachs, n. 58, p. 6, in fact claims to hear the echoes of the 1970s debate on the "New
International Economic Order" at the Rio de Janeiro Earth Summit, the United Nations
Conference on Environment and Development, in 1992.

39
 "provides an opportunity to reconsider the development path ushered in by
the industrial revolution, and the blinkered pursuit of lifestyles which place
extreme pressures on the natural resource base. But at a practical level, it
means pressures on developing countries to take measures which they can ill-
afford.
It has been India's firm conviction that it is the process of industrialization,
and the continued profligacy of industrialized economies that have created
the problems which threaten our planet and its lifeforms. . . . the
responsibility is clearly established, as also the need for urgent and effective
action, by the developed world, to prevent global disaster. This includes not
only direct action, but also indirect measures such as creation of an
economic order which helps developing countries to exert less pressure on
their natural resources." 62

The MoEF document on sustaining development also is equally explicit in this

regard:
"India believes that environmentally harmful processes should be stopped
and that overexploitation of non-renewable resources be controlled. It also
believes that the solution lies not in unilaterally banning trade, but rather in
transferring technology and offering the right prices to developing countries
for such resources, which would then not necessitate overexploitation or
jeopardize development priorities. Restrictive trade barriers and practices
must be curtailed and tariffs on exports of products and services from
developing countries reduced so that the benefits of global economic growth
are equitably distributed among all countries. Greater trading opportunities
enable developing countries to invest more in environmental protection." 63

Such an approach would go a long way in creating the framework conditions

necessary for self-reliance, alleviating poverty and protecting the environment, all
priorities of development cooperation as is discussed in the next chapter.

62
MOEF, n.59, p. 31, italics added.
63
MoEF, n. 53, pp. 111, I 12, italics added.

40
 2.4.4 Moral Obligation of the North to Facilitate Transition to
Environmentally-friendly Technologies
India's position on the moral obligation of the developed countries to assist and
support the developing world in terms of finance and transfer of technology in their
transition to environmentally-friendly modes of production is precisely and clearly
reflected repeatedly in its National Conservation Strategy and Policy Statement on
Environment and Development:

"The Indian approach to global environmental problems is generally in

keeping with other developing countries and has the following basic
elements:
Our economic development cannot be hampered in the name of the global
environment, which we have done nothing to damage and can do little to
save. Our resources are required to meet our developmental needs such as
education, nutrition, health services, drinking water, housing, sanitation,
agriculture, industry, infrastructure, even all of which we find it difficult
to provide having been behind in the race for development. Without this
development, threats to the environment will in any case grow. In the short
run, this developmental effort could even add to the discharges and
emissions which cause global problems - but these are miniscule
compared to the quantities which industrialized countries have already
contributed. In any case, such emissions etc., can easily be compensated
for a marginal reduction of the same in the industrialized world;
For environmental protection and improvement, we will do our best with
the resources available in the country. With new and additional funding
support and transfer of environmentally sound technologies from the
developed countries, we will be in a position to augment our capacity to
deal with the environmental problems; ...
. . . we have to continuously see how far the traditional Indian ethos can be
reflected in modern lifestyles. If these efforts are supported by adequate
financial resources from the international community, as well as the
transfer (and development) of environmentally sound technology, India can
contribute significantly to the international action to deal with global
environmental problems."64

64
MoEF, n. 59, p. 31 - 32.

41
 Thus all the points elaborated on by Prime Minister Indira Gandhi at the 1972
Stockholm Conference have continued to form the basic policy framework of India
for purposes of negotiating with the developed countries on environmental issues.
This was the case with regard to the signing of the Montreal Protocol pertaining to
the phasing out of the ozone depleting substances as also at the Earth Summit in
Rio de Janeiro.

The Earth Summit at Rio de Janeiro in 1992 was considered a failure by many,
since nothing substantive emerged from the conference. Commitments were vague
as no deadlines or reduction targets were stipulated. The only positive outcome of
the Summit was the recognition and acknowledgement of the degradation of the
environment and a political will to counter or at least stabilize it. The positive
aspect from the point of view of the developing countries was that they, with India
leading, managed to obtain an acknowledgement that the economies of the
industrialized countries had placed an enormous burden on the environment but the
issue of main responsibility of the developed countries remained unresolved. 65 The
concept of 'common but differentiated responsibility' was put forth and the right to
development accepted. It was sought to reconcile economic interests with the
environmental - Agenda 21 stated governments should strive "to promote and
support policies, domestic and international, that make economic growth and
environmental protection mutually supportive." 66 The needs of the developing
countries were also recognized and financial and technical assistance for
developing countries was provided for to enable them to achieve the goal of
sustainable development.

2.5 The Primacy of Economic Interests in North and South

India is not alone in putting development, as defined by economic growth, before
the environment. The North is equally interested in the same despite its lofty
claims to the contrary. This has been shown above in the case of the FRG also.
The Brundtland Commission in its' report Our Common Future could not have

65
Raj an, n. 41, p. 113ff.
66
Agenda 21, United Nations Conference on Environment and Development, Rio de Janeiro,
Brazil, June 3-14, 1992, ,p. 3; also p. 7- 9.

42
enunciated it more clearly than when it declared '"'We have in the past been
concerned about the impacts of economic growth upon the environment. We are
now forced to concern ourselves with the impacts of ecological stress ... upon our
economic prospects. " 67 There is no doubt that the focal point remains productivity
and economic growth. Therefore the conflict is not really over the issue of
development or environment but rather to whose greater advantage such growth
should continue. The confrontation is not over nature or economic growth, but
rather over the equitable global distribution of such growth. The South defends its
claim to its share of the cake in social terms, in the need to alleviate poverty while
the North espouses liberal market economy. In fact the environmental debate at the
national level in all countries is dominated by the need to safeguard the interests of
industry whilst regulating damage to the environment, restricting it to permissible
and acceptable limits. Environment would become expendable were it not required
for continued human survival and existence on this planet. Evidence of this are the
many global environmental negotiations of the past two decades, distinguished as
they are by the battle over benefits.

India for example initially evinced no interest in the negotiations over the phasing
out of CFCs in the mistaken belief that since its consumption and production of the
same was marginal - below 0.5% of world production- its interests would not be
seriously affected. 68 Consequently it did not participate in the Montreal Conference
on ozone depleting substances. India merely sent an observer, with no negotiating
powers, who was caught unawares when it was decided to apply restrictive trade
measures on non-parties to the Protocol in the economic interest of the CFC
producing industries of the North : the protocol articulated the necessity to "protect
industries in countries party to the protocol from being put at a competitive
disadvantage vis-a-vis industries of non-parties, create an incentive for broad
participation, and discourage the movement of production facilities to
69
nonparties." While protecting the industries of the North, conditions to coerce the
developing world to follow suit were being created.

67
World Commission on Environment and Development, Our Common Future (Oxford, 1987),
p. 5.
68
Rajan, n. 41, p. 59.
69
Article 2 of the Montreal Protocol as quoted in, ibid. p.54.

43
 Since a shift to CFC substitutes would entail a huge expenditure which the
developing world could ill afford and would not countenance there ensued tough
and long drawn negotiations to ensure greater equity. The South however remained
firm and unyielding on the issue of the moral obligation of the North to provide the
necessary funds to cover all incremental expenditure required for the shift to non
CFC based production. This included the conversion of existing production
facilities and the retraining of personnel. The developing countries also demanded
the transfer of appropriate technology.

The North while eventually agreeing to the provision of finances to facilitate the
transition to CFC substitutes hesitated to commit on the transfer of technology on
non-commercial terms. This was unacceptable to the South as this could lay the
foundations for a new kind of imperialism by the North and a dependence of the
South on the North. Hence the South sought to incorporate a clause linking their
compliance to the availability of the requisite funds and technology. 70 This clearly
illustrates the centrality of economic and commercial interests to issues of
environment in both North and South. Industrial lobbies do play a major role in all
global environmental negotiations. In fact these agreements seek to balance out
and reconcile the "inherent tension between narrow business interests and broad
public benefits". 71 In fact the major CFC producing industries in the West also
finally supported the phasing out of CFCs internationally once they realized the
market potential in such a scenario for CFC substitutes which could only be
produced by large companies due to the expense involved. 72

Despite the importance given to economic issues over environmental ones in both
the North and the South, the approach to problem solving as regards environmental
issues differs. The North views it as a crisis which can be contained and efficiently
resolved through effective management. This appears to be the underlying
sentiment in the report of the Brundtland Commission, where for example " ... the
forest is reduced to park, reserve, or plantation, where selected aspects of nature

70
ibid. pp. 66ff.
71
Kauffman, n. 38, p.7.
72
ibid., p. 75

44
are maintained until genetic engineering can take over. As the Brundtland Report
remarks: "It would be a grim irony indeed if just as the new genetic engineering
techniques begin to let us peer into life's diversity and use genes more effectively
to better the human condition, we looked and found this treasure sadly
depleted"". 73 The term sustainable development itself is suspect for as
Visvanathan points out sustainable connotes self-restraint whereas development
conjures up scientific progress through the harnessing of and control over nature. 74

Clearly there is no attempt to rethink options available for tackling the escalating
degradation because there is no suggestion of relinquishing or even reducing the
excessively consumerist lifestyle of the North. The position of the North implies
that appropriate technology alone can provide the necessary answers and solutions
to environmental problems. Moreover transboundary and global environmental
issues appear to exercise the North, possibly because many countries of the North
have been addressing the local environmental problems since the 1970s. There
seems to be an overriding conviction that appropriate international regulations
would contribute greatly in containing and resolving what are viewed as technical
problems .75 The implication is that improved technology would reduce
environmental destruction or keep it within acceptable limits. Therefore the cause
of existing environmental problems is diagnosed as deficient technology which
requires modernization and appropriate management.

As opposed to this, the South views the environmental crisis to be symptomatic of

a larger malaise, having its roots in the asymmetry of global economic structures
and consequent inequitable distribution of global wealth. In addition there is a
widespread belief that problems characteristic of the South should also find a
reflection in global concerns and not only those of the industrialized countries.
Finally there is a deep seated distrust of the unilateral globalization of

73
Shiv Visvanathan, "Mrs. Brundtland's Disenchanted Cosmos", in Alternatives (Boulder,
Colorado),vol. 16, No.3 (Summer 1991), p .. 381.
74
ibid., p. 378.
75
see Frank Biermann, Weltumweltpolitik zwischen Nord und Siid. Die neue Verhandlungsmacht
der Entwicklungsltinder [Global Environmental Politics between North and South. The New
Bargaining Power of the Developing Countries] (Nomos 1998), p. 95.
environmental issues, which several believe to be an attempt to control the ever
dwindling resources of the South for the benefit of the North. 76

Programmes for reforestation are also viewed with scepticism as creation of

necessary carbon sinks for the emissions of many countries of the North. 77 In fact
even the proposed reduction of greenhouse gases has been questioned by Anil
Agarwal as being ad hoc and arbitrary. He believed that reductions should be
prescribed equitably, those polluting more should have higher targets of reduction
as compared to those whose pollution rates were much lower. Anil Agarwal and
Sunita Narain had in fact proposed per capita equity as a tool for calculating
permitted emissions~ 78 Moreover western societies are hardly in a position to offer
remedies to the developing world, not having the experience of the deprivation
prevalent in the latter and moreover given the fact that it was indeed the West
which were the major polluters as well as rapacious consumers of bio-mass and not
. 79
the poorer countnes.

Yet all solutions to the environmental crisis appear to emanate from the West. This
is so because the remedy is seen to lie in the availability of capital or technology or
expertise. Rather than explore alternatives themselves the developing world
including India prefers to pressurize the West morally to cover the costs of a
transition to environmentally benign technologies. Clearly India does not want to

76
Vandana Shiva, " The Greening of the Global Reach", in : Sachs, n. 58, talks of green
imperialism in this context, pp.149; Shiv Visvanathan, n. 73, speaks of new and subtle modes
of surveillance, where concern is used for the purpose of exercising control; Ani! Agarwal and
Sunita Narain, Global Warming in an Unequal World. A Case of Environmental Colonialism,
(New Delhi, 1991 ), speak of environmental colonialism; Tariq Banuri, "The Landscape of
Diplomatic Conflicts" in Sachs, n. 58, claims that the agenda at Rio had been set by the North
and elaborates that that the answer to the looming environmental crisis appeared to lie in the
reduction in consumption. This according to him could be achieved "either through changing
the resource intensive life-style of richer countries, or through reductions in the consumption
and/or the population of poor countries. While obviously both sides wish to avoid adjustments
difficult for their people, the success of the North lies in its ability to set the agenda in a
manner that would rule out the unacceptable option altogether" p. 52 .
77
see Ani! Agarwal and Sunita Narain, ibid., p. 23; Frank Biermann, n. 75, p. 75.
78
"An estimate indicates that the per capita emission rate of one U.S. citizen is equivalent to that
of 25 Indians, 33 Pakistanis, 42 Maldivians, 85 Sri Lankans, 125 Bangladeshis,250 Bhutanese
and 500 Nepalese"- The Hindu, India to oppose North pressure at climate meet, October 29 1h,
1998, p.11; a Dutch study investigating how much land one Dutch person uses within and
outside her country revealed that "for every one hectare of land that a Dutch person uses in the
Netherlands, he/she uses about five hectares outside, mostly in the Third World" - Ani!
Agarwal and Sunita Narain, "Towards Green Villages", in Sachs, n. 58, p. 243.
79
Agarwal and Narain, n. 76 , p. 242, 243.

46
be distracted from its single-minded pursuit of the goal of forging ahead with its
industrialization. As Banuri puts it, the countries of the South used the
confrontation with the North "not to bring about a change in underlying structural
conditions, but to place moral pressure on the North to induce it to increase the
level of financial transfers, provide technical and other assistance to facilitate the
shift to sustainability even in local contexts, and foreswear any moves towards the
imposition of fresh conditionalities"80

The metaphor liberally used in the West is of sharing one boat, of inhabiting one
world. This is meant to drive home the message of a common responsibility of
North and South to tackle the environmental crisis and share the burden towards
this end. At the same time the atmosphere is vitiated with mutual distrust of each
other. The developed countries view the position of the developing countries
cynically. They believe that the South is attempting to blackmail them and apply
leverage on an issue of equal import to both, an issue which they purport to be one
of survival. Equally the developing countries are deeply suspicious of the
intentions of the North, convinced that the latter are using environment to put them
at a disadvantage with regard to trade and to retard their economic prospects and
growth. In such an atmosphere of intense mistrust is cooperation at all possible ?
Neither the North nor the South want to compromise on development or growth.
The conflict lies in the fact that while the South is being indicted as being a
potential menace to environment, the North, despite its proven responsibility for
environmental destruction, is not willing to change its lifestyle.

Global agreements cannot substitute national environmental policies. At best they

can supplement these. Moreover because of the inevitability of compromise to
achieve a consensus amongst the many different parties at an international
convention, often the agreement is diluted and reflects the bare minimum to be
achieved rather than the optimal. The more committed countries or those with an
eye to future business could of course voluntarily decide to impose greater
restrictions on themselves and try to push other countries in a similar direction by
setting an example and also through other channels, such as development
cooperation.

80
Tariq Banuri, "The Landscape of Diplomatic Conflicts", in Sachs, n. 58, p. 54.

47