The Planetary Future: Some Reflections

Abstract

The planetary future is now at stake in view of excessive exploitation of the Earth's finite resources. Since survival of the humankind and planet earth itself is in jeopardy, all right-thinking scholars and decision-makers need to think aloud and ahead to find solutions for our common future. We have inherited wisdom from our ancestors and it is time to walk-the-talk. For centuries, the Indian civilization has survived all onslaughts and provided ideas for the entire humankind and the world as one: vasudhaiva kutumbakam as well as respecting nature as: Bhawani Vasundhra. This paper draws upon the author's more than seven decades of ‘tryst with history’ and provides some reflections for look ahead into the planetary future with courage and fortitude.

Introduction

The UN Summit of the Future (September 22–23, 2024) ¹ was held in New York. Its ‘outcome’ document – Pact of the Future ² – has been a result of two-year long intergovernmental processes. The real test of its actual workability would lie in how best the UN system and the 193-members would walk-the-talk ³ . There is a scholarly view that our “planetary future” ⁴ is now endangered. The term ‘triple planetary crisis’ refers to the three main interlinked issues that humanity currently faces, that is, climate change, pollution and biodiversity loss. ⁵

The Planetary Crisis

We have despoiled the Earth over the last two centuries since the industrial revolution. We have poisoned the earth with excessive chemicals, we have poisoned the air due to excessive carbon dioxide emissions and we have poisoned the ocean with all the waste products being thrown into its year-after-year. All of these taken together create a serious environmental crisis at a planetary level affecting the survival of not only human beings but also other living beings. Several low-lying inhabited islands are likely to disappear within the next 10 or 15 years creating a new category of environmental refugees ⁶ .

The looming climate crisis has led to litigations at the international and regional level. For instance, the International Tribunal for the Law of the Sea (ITLOS), at the request of the Commission of Small Island States on Climate Change and International Law, has come up with an advisory opinion on 21 May 2024 which notes that climate change represents an existential threat and raises human rights concerns ⁷ . In March 2023, the UN General Assembly (UNGA) requested the International Court of Justice (ICJ) for an Advisory Opinion on two questions:

What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations? and

What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment? ⁸

The UNGA resolution received 130 co-sponsors showing the growing consensus at the international level and within the UN system on the need for concerted actions to address the problem. On 9 January 2023, Republic of Colombia and Republic of Chile submitted a joint request for an advisory opinion to the Inter-American Court of Human Rights on questions regarding Climate Emergency and Human Rights, pursuant to Article 64 of the American Convention on Human Rights (ACHR). ⁹ The growing number of climate litigations led commentators to describe the year 2024 as the ‘Year of Climate’ in international courts and tribunals. ¹⁰

Tryst with History: Stockholm and Beyond

As a Union Minister, I had the privilege of being present at the 1972 Stockholm Conference ¹¹ to be member of the Official Indian delegation led by late Indian Prime Minister Indira Gandhi. The Stockholm Conference marked the beginning of significant development of law and policy interventions at the international level to address environmental issues. More importantly, it brought the developmental concerns of developing countries as part of the environmental agenda. Prime Minister Indira Gandhi's speech at the Stockholm Conference clearly reflect a coordinated approach towards environment and development from the perspective of developing countries. ¹²

Climatic Changes

The modern law is now authoritatively set out in the United Nations Framework Convention on Climate Change (UNFCCC) to achieve the “stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system”. ¹³ Despite the dramatic growth of environmental awareness since then it seems that we are not going to be able to meet the temperature control targets that were agreed upon in Paris, ¹⁴ with all the negative consequences that will flow there from.

Global Pandemics

The second great danger to the human race is global pandemics. COVID-19 ¹⁵ is a good example. It took a toll of millions of people around the world, even in those countries that boasted of a modern health infrastructure. This shows that an even more malign pandemic can wipe out large sections of the human race as did the plague in Europe in the seventeenth century. ¹⁶ Therefore, we must build defenses against this threat, both by improving our health infrastructure and developing vaccines as India did during COVID-19. In this context, author draws attention to recent World Health Assembly (WHA), held on 28 May 2024 which recognized the need to develop a Pandemic Agreement and also emphasized upon strengthening the International Health Regulations (IHR, 2005).“The amendments to the International Health Regulations are expected to bolster countries’ ability to detect and respond to future outbreaks and pandemics by strengthening their own national capacities, and coordination between fellow States, on disease surveillance, information sharing and response. This is built on commitment to equity, an understanding that health threats do not recognize national borders, and that preparedness is a collective endeavor.” ¹⁷ This underscores the understanding of international community that the possibility of an overwhelmingly lethal pandemic cannot be ruled out.

Nuclear Annihilation

The third threat, of course, is of nuclear annihilation. After the 1945 bombing of Hiroshima and Nagasaki ¹⁸ we had assumed that it was going to be the last use of nuclear weapon on human targets. ¹⁹ The hope still remains, but with the Russia/Ukraine war entering a new phase the possibility of the use of tactical nuclear weapon grows apace. ²⁰ In fact, the situation is so precarious that with the United States and NATO seemingly committed to preventing a Russian victory, the possibility of a global conflagration cannot be ruled out. To add to this is the situation in Korea where North Korea is constantly improving its missile program so as to be strong enough to carry a nuclear weapon all the way across the world to San Francisco or Los Angeles. ²¹ The quirky leadership there makes the situation even more precarious, as does the action of the United States to enter into a massive military exercise with South Korea.

Prognosis and Prospects

Taken together, therefore, the “planetary future” ²² today looks rather bleak. The answer is not to sit back in despair and wait for the apocalypse but to mobilize national and international organizations to step up their activities in all these areas. As the Chinese saying goes “It is later than you think”. ²³

However, these challenges can and will be met if we restore the concepts that are fundamental and transformative for protecting the whole environment. This, for example, includes regulation of the use of natural resources in such a way that it does not affect “essential ecological processes”. ²⁴ This will involve restructuring of our development plans to minimize the use of natural resources to essential needs. Another concept which was advocated by Mahatma Gandhi a century ago is to try and live by limiting our needs and not promoting any kind of greed. This is easier said than done, because all capitalist economies are based on the principle of maximum sale and maximum profit. We must meet the demands of around two billion people on the planet who are living below the poverty line. Therefore, it is important to prioritize the use of natural resources for addressing the poverty rather than using critical natural resources for providing ultra-luxury to a few people who are rich and powerful. This may appear unrealistic, but government with the will power and with the support of the people can make these changes happen.

Finally, however, the over-riding principle is to treat the earth as the “Gaia” Goddess of Nature ²⁵ in Greek and “Bhawani Vasundhra” ²⁶ in Sanskrit. The United Nations General Assembly (UNGA) has declared 22 April as the ‘International Mother Earth Day’ that recognizes the Earth and its ecosystems as the common home of the humanity and further acknowledges the need to protect the Earth and its ecosystems. Once we view the Earth in this way, then it follows that we look upon the human race as a family “vasudhaiva kutumbakam” ²⁷ and strive for universal brotherhood. There are several positive movements in the world today, such the Interfaith Movement, ²⁸ Rotary and Lion Clubs, ²⁹ the Nuclear Non-Proliferation Movement ³⁰ and so on which can all be mobilized for this purpose. Unfortunately, the United Nations, frozen as it is in 1945, has been unable to promote human brotherhood and resolve conflicts raging where 2 billion people live. However, its specialized agencies and other institutions such as United Nations Educational, Social and Cultural Organization (UNESCO), ³¹ World Health Organization (WHO), ³² International Labor Organization (ILO), ³³ World Trade Organization (WTO), ³⁴ United Nations International Children's Emergency Fund (UNICEF) ³⁵ and others are doing excellent work in their respective fields. Indeed, these agencies work towards giving effect to the concept of ‘stringent due-diligence’ which is an integral part of international law in general and international environmental law in particular. The concept of due diligence, in the context of international environmental law, signifies a duty of states to take appropriate actions to prevent transboundary environmental harm to other states and protecting the environment in general. It denotes duties of care. The concept predominantly refers to such duties as ‘obligations of conduct’ and not ‘obligations of outcome’. ³⁶

The United Nations itself is politically paralyzed because of the outmoded structure of the Security Council ³⁷ in which more than half the human race remains unrepresented. The reform of the United Nations is long overdue, but despite several efforts by the developing countries, the five great powers remain firm and unshaken. This is truly unfortunate, because the present mis-alignment of the UN Security Council has effectively kept more than half the world population outside their sacred precincts. Several suggestions have been made including regional representation on a rotating basis, but so far there has been little progress. ³⁸

Conclusion

Law making is not enough to protect the environment and the planet earth. ³⁹ Instead, the “implementation of laws and effective working of the institutional mechanisms” ⁴⁰ should be given the top priority. While I have drawn attention to the many threats faced by the human race I wanted to end on an upbeat note, and to stress that whether we are in official circle or as private citizens, each one of us has the responsibility to work for environmental protection. It has rightly been said that we must pass down to posterity a safer and greener world that will not happen automatically unless governments around the world take firm decision to work towards this goal individually and collectively. We must look into the future and act with courage and fortitude. Another futuristic idea for strengthening the UN would be to revive and 'repurpose' the UN Trusteeship Council with a new mandate for the global environment and the global commons [for a detailed proposal see, Bharat H. Desai, “The Repurposed UN Trusteeship Council for the Future", Environmental Policy and Law 52 (2022) 223-235; epl219039 (iospress.com); “Revitalizing International Environmental Institutions: The UN Task Force Report and Beyond”, Indian Journal of International Law, vol.40, no.3, 2000, pp.455-504]. It has also found an endorsement in the 2021 report of the UN Secretary-General Antonio Guterres [“Our Common Agenda”, page 77, paragraph 125; Common_Agenda_Report_English.pdf].

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