How can we balance environmental rights with the need for development?

Written by: Yasmin Batliwala MBE – Chief Executive at Advocates for International Development

Many countries face a complex challenge. On the one hand, economic growth and development have lifted millions out of poverty, created opportunities, and improved livelihoods. On the other hand, this progress has often come at a significant environmental cost — resulting in deforestation, pollution, climate change, and in many instances the loss of biodiversity.

But environmental and development rights do not necessarily have to lead to conflict. In fact, they must go hand in hand. And the legal profession has a vital role to play in ensuring that the law is used as a tool to achieve the balance of protecting the environment while enabling sustainable and inclusive growth.

Environmental rights encompass the right to clean air, safe drinking water, and a healthy environment. These rights are enshrined in international agreements such as the United Nations’ Sustainable Development Goals (SDGs), particularly Goal 13 (Climate Action) and Goal 15 (Life on Land). When these rights are compromised, it is often the most vulnerable populations that suffer.

At Advocates for International Development (A4ID), we work at the intersection of law, sustainable development, and human rights. We believe that legal frameworks can help resolve these tensions ensuring development is not just about economic growth, but it is also about sustainability, equity, and justice.

So how can we achieve a balance? Firstly, by strengthening legal frameworks for environmental rights. Law is one of the most powerful tools we have to protect the environment while promoting sustainable development.

At A4ID we connect legal expertise with those who need it most such as non-governmental organisations or NGOs, social enterprises and development organisations that are working on environmental and sustainability issues.

One example is our KAZA programme. The Kavango Zambezi region in Southern Africa is home to some of the most ecologically significant landscapes in Africa, spanning five countries it supports millions of people who rely on natural resources for their livelihoods. Yet, it’s also a hotspot for the illegal wildlife trade that not only threatens biodiversity, but fuels corruption, results in organised crime and undermines stability.

Through KAZA, we strengthen legal frameworks and build the capacity of judicial actors to combat this crisis. Without strong laws and enforcement, poaching and illegal trafficking continue to undermine conservation efforts and sustainable development.

By training judges, prosecutors, and law enforcement officers, we ensure stronger prosecutions and tougher penalties for offenders. Many legal professionals want to support sustainability efforts but lack the specialised knowledge. We provide training to equip them with the skills to handle environmental disputes, advise on sustainable business practices, and advocate for stronger policies. By strengthening legal capacity, we ensure that environmental justice is not just an ideal but is a reality.

Secondly, we do it by advocating for stronger environmental laws. Beyond individual projects, we work with governments, businesses and NGOs to push for stronger legal solutions that respect environmental rights while promoting responsible investment.

Despite progress, significant challenges remain. For instance, there are conflicting interests: governments often prioritise economic growth over environmental concerns. Then there is weak enforcement: even strong environmental laws are often not enforced. And then there is, of course, corporate influence: large corporations sometimes use legal loopholes to avoid accountability, which they can do as they have legal and financial resources at their disposal.

So how do we create a system where environmental rights and development reinforce, rather than undermine, each other? The answer lies in collaboration and innovation. We need a multi-stakeholder approach and we need to be innovative in our thinking. Legal frameworks and policies play a crucial role. Strong environmental laws—when properly enforced—can ensure responsible development.

Here are some examples in Asia:

• The Environmental Protection Act, 2019 (2076) of Nepal mandates environmental impact assessments for major projects.
• The Paris Agreement provides a global framework for climate action while allowing flexibility for national priorities.
• International legal support through organisations like A4ID have the potential to strengthen Nepal’s environmental governance by providing expertise, resources, and capacity-building support.

Collaboration and innovation also means that:

• Governments must create policies that encourage sustainable business models instead of seeing environmental laws as obstacles.
• Businesses must adopt responsible and transparent environmental practices not just because the law demands it, but because it benefits them in the longer-term.
• Legal professionals must continue to ensure environmental laws are upheld and that those affected by environmental harm have access to justice.
• Civil society and local communities must be empowered to advocate for their rights and hold governments and corporations to account.

Legal professionals, policymakers, and advocates, have the power to drive change – the tools, the expertise, and the networks to shape laws that create a future. At A4ID, we are committed to this mission working to ensure legal frameworks support both people and the planet.

This blog is based on a speech delivered at the 5th LAWASIA International Human Rights Conference in Kathmandu, Nepal, on February 15, 2025.