04. general principles

8/4/2019 04. General Principles

1/35

Environmental LawEnvironmental Law

04. General Principles of04. General Principles of

International Environmental LawInternational Environmental Law


2/35

Concept of Principles inConcept of Principles in

Environmental LawEnvironmental Law Principles are widely prevalent in the field ofPrinciples are widely prevalent in the field of

International Environmental Law.International Environmental Law.A principle provides the general orientation andA principle provides the general orientation and

direction to which the positive laws mustdirection to which the positive laws mustconform, a rationale for the law, without itselfconform, a rationale for the law, without itselfconstituting a binding form.constituting a binding form.

Principles can:Principles can: Indicate essential characteristics of the legalIndicate essential characteristics of the legal

institutionsinstitutions Designate fundamental legal normsDesignate fundamental legal norms Fill in the gaps of the positive law by assigning newFill in the gaps of the positive law by assigning new

values to existing legal rules.values to existing legal rules.


3/35

Principles can bePrinciples can be foundationalfoundational oror technicaltechnical

They may appear at the constitution or otherThey may appear at the constitution or otherbasic laws or may arise from legal construction.basic laws or may arise from legal construction.

Principles may also be characterised as "rules ofPrinciples may also be characterised as "rules ofindeterminate content" because of itsindeterminate content" because of its degree ofdegree ofabstraction.abstraction.

Even the concept of "principle" or value assignedEven the concept of "principle" or value assignedto a specific principle may change from one legalto a specific principle may change from one legalsystem to another.system to another.


4/35

Following are some general legalFollowing are some general legalprinciples applicable in the realm ofprinciples applicable in the realm of

International Environmental Law:International Environmental Law: PreventionPrevention

PrecautionPrecaution

Common but Differentiated ResponsibilityCommon but Differentiated Responsibility

"Polluter Pays""Polluter Pays"

Sustainable DevelopmentSustainable Development


5/35

Principle of Prevention / HarmPrinciple of Prevention / Harm

PreventionPrevention Prevention is the Golden Rule of environmentalPrevention is the Golden Rule of environmental

protection.protection. The objective of almost all of the environmentalThe objective of almost all of the environmental

instrument is prevention. Only a few pursue exceptionalinstrument is prevention. Only a few pursue exceptional

methods as:methods as: Traditional Principles of State Responsibility, or,Traditional Principles of State Responsibility, or, Direct compensation to the victimsDirect compensation to the victims

The preventive approach requires states to exercise "dueThe preventive approach requires states to exercise "duediligence",diligence", i.e.i.e. to act reasonably and in good faith toto act reasonably and in good faith tocontrol environmentally harmful public or privatecontrol environmentally harmful public or privateactivities under its jurisdiction or control.activities under its jurisdiction or control.

It is not an absolute duty to prevent harm, rather anIt is not an absolute duty to prevent harm, rather anobligation to prohibit significant harm to theobligation to prohibit significant harm to theenvironment,environment, e.g.e.g. dumping of toxic waste into andumping of toxic waste into aninternational lake.international lake.


6/35

This approach is also linked with the notion ofThis approach is also linked with the notion ofdeterrence,deterrence, i.e.i.e. the idea that disincentives like penaltiesthe idea that disincentives like penaltiesand civil liability would cause actors to take greater careand civil liability would cause actors to take greater carewith a view to avoid increased costs.with a view to avoid increased costs.

The preventive principle is necessary for both economicThe preventive principle is necessary for both economicand ecological reasons:and ecological reasons: ecological: It may be impossible to remedy environmental injury,ecological: It may be impossible to remedy environmental injury,

e.g.e.g. extinction or erosion of biodiversity.extinction or erosion of biodiversity. economical: Cost of rehabilitation may be prohibitively high.economical: Cost of rehabilitation may be prohibitively high.

This principle is also linked with the responsibility not toThis principle is also linked with the responsibility not to

cause extracause extra--territorial environmental damage (P.21 ofterritorial environmental damage (P.21 ofStockholm Declaration). But it has a wider scope as itStockholm Declaration). But it has a wider scope as itseeks to prevent harm whether or not there areseeks to prevent harm whether or not there aretransboundary impacts.transboundary impacts.


7/35

Due to the diversity in the nature of environmental legalDue to the diversity in the nature of environmental legalinstruments the requirement of prevention can beinstruments the requirement of prevention can betranslated into many different legal mechanisms, suchtranslated into many different legal mechanisms, suchas:as: Prior assessment of environmental harmPrior assessment of environmental harm Provision for licensing and authorisation setting conditions ofProvision for licensing and authorisation setting conditions of

operation and laying down consequences of violation of suchoperation and laying down consequences of violation of suchconditions.conditions.

Use of product and process standards,Use of product and process standards, e.g.e.g. emission limitation oremission limitation or

use of Best Available Technology (BAT)use of Best Available Technology (BAT) Requirement of monitoring, notification and exchange ofRequirement of monitoring, notification and exchange of

informationinformation

Regulations for combating introduction of exogenous speciesRegulations for combating introduction of exogenous speciesinto an ecosysteminto an ecosystem


8/35

Primary obligation regarding prevention ofPrimary obligation regarding prevention ofenvironmental harm is prior assessment ofenvironmental harm is prior assessment ofenvironmentally harmful activities. States oughtenvironmentally harmful activities. States ought

to exercise due diligence in this regard.to exercise due diligence in this regard. Failure to exercise due diligence to preventFailure to exercise due diligence to prevent

transboundary harm would result in internationaltransboundary harm would result in internationalresponsibility.responsibility.

Proper conduction of environmental impactProper conduction of environmental impactassessment may serve as evidence of exercisingassessment may serve as evidence of exercisingdue diligence.due diligence.


9/35

Practical Instances of Preventive Principle are as follows:Practical Instances of Preventive Principle are as follows:

International Tribunal for the Law of the Sea (ITLOS) inInternational Tribunal for the Law of the Sea (ITLOS) inthethe MOXMOX case considered the duty to exchangecase considered the duty to exchangeinformation regarding environmental risk is a fundamentalinformation regarding environmental risk is a fundamental

principle in the prevention marine pollution under theprinciple in the prevention marine pollution under theUNCLOS and general international law.UNCLOS and general international law.

Obligations to conduct environmental impact assessmentsObligations to conduct environmental impact assessmentsare also found in the 1991 Espoo Convention onare also found in the 1991 Espoo Convention onEnvironmental Impact Assessment in a TransboundaryEnvironmental Impact Assessment in a Transboundary

ContextContext 1997 UN Convention on Non Navigational Uses of1997 UN Convention on Non Navigational Uses of

International Watercourses urge states to take allInternational Watercourses urge states to take allnecessary measures to prevent introduction of alien ornecessary measures to prevent introduction of alien ornew species which detrimental to the watercoursenew species which detrimental to the watercourseecosystem.ecosystem.


10/35

The preventive approach has been endorsed in manyThe preventive approach has been endorsed in manytreaties aiming to prevent,treaties aiming to prevent, inter alia:inter alia: extinction of the species of flora and faunaextinction of the species of flora and fauna

pollution of seas by oil, radioactive waste, hazardous waste,pollution of seas by oil, radioactive waste, hazardous waste,

landland--based wastes etc.based wastes etc. hostile environment modificationhostile environment modification

air pollutionair pollution

climate changeclimate change

modification of the ozone layermodification of the ozone layer

etc.etc. It can be said that this principle has now become a partIt can be said that this principle has now become a part

of the customary international law.of the customary international law.


11/35

PrecautionPrecaution

Precautionary principle may be considered as the mostPrecautionary principle may be considered as the mostdeveloped form of prevention.developed form of prevention.

Precaution means preparing for potential, uncertain andPrecaution means preparing for potential, uncertain andeven hypothetical threats, when there is no irrefutableeven hypothetical threats, when there is no irrefutableproof that damage will occur.proof that damage will occur.

It is prevention based on probabilities and contingencies.It is prevention based on probabilities and contingencies.

Although the precautionary principle seeks to protectAlthough the precautionary principle seeks to protectagainst hypothetical risks, it cannot be used to preventagainst hypothetical risks, it cannot be used to prevent

all claimed risks,all claimed risks, e.g.e.g. astrological prediction or psychicastrological prediction or psychicvision.vision.

Precaution generally applies when the consequence ofPrecaution generally applies when the consequence ofnon action would be serious.non action would be serious.


12/35

Precautionary principle brings into the boundaryPrecautionary principle brings into the boundaryof law the problems of irreversibility andof law the problems of irreversibility andscientific uncertainty.scientific uncertainty.

Principle 15 of the Rio Convention clearly depictsPrinciple 15 of the Rio Convention clearly depictsthis principle as:this principle as: InIn orderorder toto protect protect thethe environment,environment, thethe

precautionaryprecautionary principleprinciple shallshall bebe widelywidely appliedapplied bybyStatesStates accordingaccording toto theirtheir capabilitiescapabilities.. WhereWhere therethere areare

threatsthreats ofof seriousserious oror irreversibleirreversible damage,damage, lacklack ofof fullfullscientificscientific certaintycertainty shallshall notnot bebe usedused asas aa reasonreason forforpostponingpostponing costcost effectiveeffective measuresmeasures toto prevent preventenvironmentalenvironmental degradationdegradation..


13/35

Instances of this principle:Instances of this principle: Precautionary principle is relevantly recent. It firstPrecautionary principle is relevantly recent. It first

appeared in a declaration adopted by a conference onappeared in a declaration adopted by a conference onthe North Sea in 1987.the North Sea in 1987.

Rio Principle in 1992.Rio Principle in 1992. European Community and the ECJ vastly adopted thisEuropean Community and the ECJ vastly adopted this

principleprinciple 1990 Bergen Declaration1990 Bergen Declaration 1992 Maastricht Treaty, Environmental Policy of EU1992 Maastricht Treaty, Environmental Policy of EU

2000, European Commissions Communication to all EC states2000, European Commissions Communication to all EC statesthat this principle will be applied in case of risk of environmentalthat this principle will be applied in case of risk of environmentalharm.harm.

ECJ ruling in 'Mad Cow' crisis in 1996: "Where there isECJ ruling in 'Mad Cow' crisis in 1996: "Where there isuncertainty as to the existence or extent or risks to humanuncertainty as to the existence or extent or risks to humanhealth, the institutions may take protective measures withouthealth, the institutions may take protective measures withouthaving to await the reality and seriousness of those risks tohaving to await the reality and seriousness of those risks to

become fully apparent".become fully apparent".


14/35

Apart from EU legislation instances can be found in:Apart from EU legislation instances can be found in: treaties for management of living resources, e.g. 1995treaties for management of living resources, e.g. 1995

Agreement for implementation of UNCLOS provisions respectingAgreement for implementation of UNCLOS provisions respectingconservation and management of fish stocks and highlyconservation and management of fish stocks and highlymigratory species.migratory species.

Cartagena Biosafety Protocol to the CBD is based uponCartagena Biosafety Protocol to the CBD is based uponprecautionary principle. Art 10(6) says:precautionary principle. Art 10(6) says: "lack of scientific certainty due to insufficient relevant information"lack of scientific certainty due to insufficient relevant information

and knowledge...shall not prevent the party from taking a decisionand knowledge...shall not prevent the party from taking a decision... in order to minimize potential adverse effects".... in order to minimize potential adverse effects".

But outside EU, the international tribunals have beenBut outside EU, the international tribunals have been

somewhat reluctant to apply this principlesomewhat reluctant to apply this principle InIn GabcikovoGabcikovo case the ICJ didn't accept Hungary's argument thatcase the ICJ didn't accept Hungary's argument that

a state of necessity could arise from application of thea state of necessity could arise from application of theprecautionary principle.precautionary principle.


15/35

The WTO dispute settlement panel has agreedThe WTO dispute settlement panel has agreedthat in cases where it is not possible to conductthat in cases where it is not possible to conducta proper risk assessment, art 5(7) of thea proper risk assessment, art 5(7) of theSanitary and Phytosanitary (SPS) AgreementSanitary and Phytosanitary (SPS) Agreement

allows members to adopt and maintainallows members to adopt and maintainprovisional measures.provisional measures.

InIn Southern Bluefin TunaSouthern Bluefin Tuna case (1999), thecase (1999), theITLOS viewed the principle more favorably,ITLOS viewed the principle more favorably,

where it held that:where it held that: The parties should in the circumstances act withThe parties should in the circumstances act withprudence and caution to ensure that effectiveprudence and caution to ensure that effectiveconservation measures are taken to prevent seriousconservation measures are taken to prevent seriousharm to the stock of southern bluefin tuna.harm to the stock of southern bluefin tuna.


16/35

On the whole, the legal status of the precautionaryOn the whole, the legal status of the precautionaryprinciple is evolving.principle is evolving.

Although a strong argument of its being part ofAlthough a strong argument of its being part ofcustomary international law can be made on the basiscustomary international law can be made on the basis

of:of: Principle 15 of the Rio DeclarationPrinciple 15 of the Rio Declaration Recognition by various other conventionsRecognition by various other conventions It being given the customary status withing the EU.It being given the customary status withing the EU.

But it is nevertheless true that the international courtsBut it is nevertheless true that the international courtsand tribunals have not explicitly recognised it as aand tribunals have not explicitly recognised it as aprinciple of customary international law.principle of customary international law.

Still the support is increasing and the opposition isStill the support is increasing and the opposition isdiminishing.diminishing.


17/35

Common but DifferentiatedCommon but DifferentiatedResponsibilityResponsibility

This principle has developed fromThis principle has developed from-- the application of equity in general international lawthe application of equity in general international law recognition that special needs of developing countries must berecognition that special needs of developing countries must be

taken into account in international environmental law making,taken into account in international environmental law making,applying, interpretation and developmentapplying, interpretation and development

In this respect the Rio Declaration (P.7) states thusIn this respect the Rio Declaration (P.7) states thus-- In view of the different contributions to global environmentalIn view of the different contributions to global environmental

degradation, states have common but differentiateddegradation, states have common but differentiatedresponsibility. also,responsibility. also,

The developed countries acknowledge the responsibility thatThe developed countries acknowledge the responsibility thatthey bear in the international pursuit of sustainable developmentthey bear in the international pursuit of sustainable developmentin view of the pressures their societies place on the globalin view of the pressures their societies place on the globalenvironment and of the technologies and financial resourcesenvironment and of the technologies and financial resourcesthey command.they command.

The climate change convention of 1992 depicts theThe climate change convention of 1992 depicts theprinciple in similar language.principle in similar language.


18/35

This principle has two elementsThis principle has two elements-- First, common responsibility of the states forFirst, common responsibility of the states for

environmental protection.environmental protection. Second, need to take account of differingSecond, need to take account of differing

circumstances, particularly states respectivecircumstances, particularly states respectivecontributioncontribution in creation of the environmental problemin creation of the environmental problemandand abilitiesabilities to mitigate those.to mitigate those.

There are at least two consequence of thisThere are at least two consequence of thisprincipleprinciple-- It entitles or requires all concerned state toIt entitles or requires all concerned state to

participate in international responses toparticipate in international responses toenvironmental problemsenvironmental problems

It imposes differing obligations on states in respect ofIt imposes differing obligations on states in respect ofenvironmental standardsenvironmental standards


19/35

Common ResponsibilityCommon Responsibility First part of this principleFirst part of this principle It refers to the shared obligation of two or moreIt refers to the shared obligation of two or more

states towards protection of a particularstates towards protection of a particularenvironmental resource.environmental resource. Natural resources can belong to one state, or aNatural resources can belong to one state, or a

shared natural resource, or subject to commonshared natural resource, or subject to commonlegal interest.legal interest.

Common responsibility would likely to be appliedCommon responsibility would likely to be appliedwhere the resource in not the property of, orwhere the resource in not the property of, orunder the exclusive jurisdiction of a single state.under the exclusive jurisdiction of a single state.


20/35

Instances:Instances: Outer space and the moon are 'province of allOuter space and the moon are 'province of all

mankind' [1967 Outer Space Treaty, Art. 1]mankind' [1967 Outer Space Treaty, Art. 1] Natural and cultural heritage is 'part of the worldNatural and cultural heritage is 'part of the world

heritage of mankind as a whole' [1972 World Heritageheritage of mankind as a whole' [1972 World HeritageConvention, Preamble]Convention, Preamble]

Resources of seabed, ocean floor and subsoil are 'theResources of seabed, ocean floor and subsoil are 'thecommon heritage of mankind' [1982 UNCLOS,common heritage of mankind' [1982 UNCLOS,Preamble]Preamble]

'Change in Earth's climate and its adverse effects are'Change in Earth's climate and its adverse effects area common concern of humankind' [1992 UNFCCC,a common concern of humankind' [1992 UNFCCC,Preamble]Preamble]

'Biological diversity is a common concern for'Biological diversity is a common concern forhumankind' [1992, CBD, Preamble]humankind' [1992, CBD, Preamble]


21/35

Such attribute of common responsibility appearsSuch attribute of common responsibility appearswhen the state share common consequences.when the state share common consequences.

Though the exact nature and consequence ofThough the exact nature and consequence ofeach formulation is not clear but it can be heldeach formulation is not clear but it can be heldthat states need to share certain common legalthat states need to share certain common legalresponsibility under them.responsibility under them.

Such legal responsibility will be prevent damage.Such legal responsibility will be prevent damage. But the extent of the responsibility will differ inBut the extent of the responsibility will differ in

respect of the subject matter and the role andrespect of the subject matter and the role andcontribution of the state in that regard. Hence,contribution of the state in that regard. Hence,differentiated responsibility.differentiated responsibility.


22/35

Differentiated ResponsibilityDifferentiated Responsibility The differentiated responsibility is widelyThe differentiated responsibility is widely

accepted in environmental treaties and stateaccepted in environmental treaties and statepractices.practices.

It translates into differentiated environmentalIt translates into differentiated environmentalstandards of countries on the basis of a numberstandards of countries on the basis of a numberof factors, such as:of factors, such as: special needs and circumstancesspecial needs and circumstances

future economic development of the developingfuture economic development of the developingcountriescountries historic contribution to causing an environmentalhistoric contribution to causing an environmental

problemproblem


23/35

1972 Stockholm Declaration emphasised the need to1972 Stockholm Declaration emphasised the need toconsider 'the applicability of standards which are validconsider 'the applicability of standards which are validfor the most advanced countries but which may be infor the most advanced countries but which may be inappropriate and of unwarranted social cost for theappropriate and of unwarranted social cost for the

developing countries' (Principle 23).developing countries' (Principle 23). 1974 Charter of Economic Rights and Duties of States1974 Charter of Economic Rights and Duties of States

state more clearly that 'The environmental policies of allstate more clearly that 'The environmental policies of allstates should enhance and not adversely affect thestates should enhance and not adversely affect thepresent and future development potential of developingpresent and future development potential of developing

countries'. (Art. 30)countries'. (Art. 30) In Rio Declaration also it is stated that the specialIn Rio Declaration also it is stated that the special

situation of developing countries as (LDCs or MVCs) willsituation of developing countries as (LDCs or MVCs) willbe given priority. (Principles 11 and 6)be given priority. (Principles 11 and 6)


24/35

The special needs of the developing countries areThe special needs of the developing countries areexpressly recognised in many binding treaties, e.g. 1992expressly recognised in many binding treaties, e.g. 1992CBD, 1992 UNFCCC or 1985 Vienna Convention.CBD, 1992 UNFCCC or 1985 Vienna Convention.

The differentiated responsibility practically results inThe differentiated responsibility practically results in

different legal obligations for countries, for instancedifferent legal obligations for countries, for instance-- Under 1987 Montreal Protocol, the developing countries couldUnder 1987 Montreal Protocol, the developing countries coulddelay with the compliance measures.delay with the compliance measures.

Under 1992 UNFCC, and 1997 Kyoto Protocol, Binding emissionUnder 1992 UNFCC, and 1997 Kyoto Protocol, Binding emissionreduction regulation is imposed only on the developed (OECD)reduction regulation is imposed only on the developed (OECD)countries.countries.

The Common but Differentiated Responsibilities principleThe Common but Differentiated Responsibilities principlehas also given rise to a range of institutional mechanismhas also given rise to a range of institutional mechanismfor providing financial, technological and otherfor providing financial, technological and otherassistance to the developing countries.assistance to the developing countries.

It is an established principle of customary internationalIt is an established principle of customary internationallaw.law.


25/35

Polluter PaysPolluter Pays It is an economic principleIt is an economic principle Its objective is 'internalisation of the externalities',Its objective is 'internalisation of the externalities', i.e.i.e. toto

impose the cost of environmental harm on the partyimpose the cost of environmental harm on the partyresponsible.responsible.

Every economic activity produces some positive orEvery economic activity produces some positive or

negative effects on the environment which are termednegative effects on the environment which are termedas positive or negative externalities.as positive or negative externalities. If the negative externalities are not reflected in the priceIf the negative externalities are not reflected in the price

of the product (i.e. internalized) then the producers andof the product (i.e. internalized) then the producers andconsumers become free riders of the environment at theconsumers become free riders of the environment at thecost and suffering of the community as a whole.cost and suffering of the community as a whole.

Internalization requires that all the environmental costsInternalization requires that all the environmental costsbe borne by te producers/consumers instead of thebe borne by te producers/consumers instead of thecommunity.community.

This is done by use of appropriate economic tools,This is done by use of appropriate economic tools, e.g.e.g.tax etc.tax etc.


26/35

It was set out by the OECD as the most effective methodIt was set out by the OECD as the most effective methodof pollution prevention and control by public authorities.of pollution prevention and control by public authorities.

It seeks to encourage rational use of scarceIt seeks to encourage rational use of scarceenvironmental resources and avoid distortions inenvironmental resources and avoid distortions in

international trade and investment.international trade and investment. A somewhat abstract reflection of the principle can beA somewhat abstract reflection of the principle can be

found in Principle 16 of the Rio Declaration, which statesfound in Principle 16 of the Rio Declaration, which statesthatthat-- National authorities should endeavor to promote theNational authorities should endeavor to promote the

internalization of environmental costs and the use of economicinternalization of environmental costs and the use of economic

instruments, taking into account the approach that the polluterinstruments, taking into account the approach that the pollutershould, in principle, bear the cost of pollution, with regard to theshould, in principle, bear the cost of pollution, with regard to thepublic interest and without distorting international trade andpublic interest and without distorting international trade andinvestmentinvestment


27/35

Prior to UNCED, the polluter pays principle wasPrior to UNCED, the polluter pays principle wasused in different EC documents, e.g. 1986 Singleused in different EC documents, e.g. 1986 SingleEuropean Act or 1992 Maastricht Treat (Art.European Act or 1992 Maastricht Treat (Art.130R(2)).130R(2)).

There are also few examples of the principle onThere are also few examples of the principle onglobal levelglobal level-- 1990 International Convention on Oil Pollution1990 International Convention on Oil Pollution

Preparedness, Response and Cooperation states inPreparedness, Response and Cooperation states inthe preamble that this is a general principle ofthe preamble that this is a general principle of

environmental law.environmental law. 2001 Stockholm Convention on Persistent Organic2001 Stockholm Convention on Persistent Organic

Pollutants (POPs) also adopts this principlePollutants (POPs) also adopts this principle


28/35

For application of the principle it isFor application of the principle it isnecessary to have an efficient economicnecessary to have an efficient economicadministration or a region which is subjectadministration or a region which is subjectto uniform environmental law.to uniform environmental law.

That is why this principle is widely used inThat is why this principle is widely used inOECD countries as well as in EU region.OECD countries as well as in EU region.

But in other countries, the principle is stillBut in other countries, the principle is stillin an evolving position.in an evolving position.


29/35

Sustainable DevelopmentSustainable Development

Since the 1980s, the term 'sustainableSince the 1980s, the term 'sustainabledevelopment' has become a buzzword in thedevelopment' has become a buzzword in thefield of environmental protection.field of environmental protection.

It stands on a cross platform.It stands on a cross platform. The concept owes its genesis to the 1987 ReportThe concept owes its genesis to the 1987 Report

of the World Commission on Environment andof the World Commission on Environment andDevelopment (Brundtland Report) where it wasDevelopment (Brundtland Report) where it was

described asdescribed as-- "Development that meets the needs of the present"Development that meets the needs of the present

without compromising the ability of futurewithout compromising the ability of futuregenerations to meet their own needs".generations to meet their own needs".


30/35

The Brundtland Report identified the criticalThe Brundtland Report identified the criticalobjectives of sustainable development asobjectives of sustainable development as--

reviving growth but changing its qualityreviving growth but changing its quality

meeting essential needs for jobs, food, energy, watermeeting essential needs for jobs, food, energy, waterand sanitation;and sanitation;

ensuring a sustainable level of population;ensuring a sustainable level of population;

conserving and enhancing the resource base;conserving and enhancing the resource base;

reorienting technology and managing risk; andreorienting technology and managing risk; and merging environment and economics in decisionmerging environment and economics in decision

making.making.


31/35

Principle 4 of the Rio Declaration states thatPrinciple 4 of the Rio Declaration states that-- "in order to achieve sustainable development, environmental"in order to achieve sustainable development, environmental

protection shall constitute and integral part of the developmentprotection shall constitute and integral part of the developmentprocess and cannot be considered in isolation from it".process and cannot be considered in isolation from it".

Building on this the IUCN DraftConvention onBuilding on this the IUCN DraftConvention onEnvironment and Development also insists on integrationEnvironment and Development also insists on integrationof environment and development.of environment and development.

Development policies should aim at eradication ofDevelopment policies should aim at eradication ofpoverty, general improvement of economic, social andpoverty, general improvement of economic, social and

cultural conditions, conservation of biological diversity,cultural conditions, conservation of biological diversity,and the maintenance of essential ecological processesand the maintenance of essential ecological processesand lifeand life--support systems.support systems.


32/35

States shouldStates should conduct regular national reviews of environmental andconduct regular national reviews of environmental and

developmental policies and plansdevelopmental policies and plans

enact effective laws and regulations which use, whereenact effective laws and regulations which use, where

appropriate, economic instruments and establish and strengthenappropriate, economic instruments and establish and strengtheninstitutional structures and procedures to fully integrateinstitutional structures and procedures to fully integrateenvironmental and developmental issues in all spheres ofenvironmental and developmental issues in all spheres ofdecision making.decision making.

Also necessary are longAlso necessary are long--term strategies including use ofterm strategies including use ofenvironmental and social impact assessment, riskenvironmental and social impact assessment, risk

analysis, costanalysis, cost--benefit analysis and natural resourcesbenefit analysis and natural resourcesaccounting.accounting.

Transparency and public participation are necessary too.Transparency and public participation are necessary too.


33/35

The 2002 WSSD focused on this conceptThe 2002 WSSD focused on this conceptwith particular emphasis on eradication ofwith particular emphasis on eradication ofpoverty.poverty.

2002 New Delhi Declaration of Principles2002 New Delhi Declaration of Principlesof International Law Relating toof International Law Relating toSustainable Development adopted sevenSustainable Development adopted seven

principles as comprised within theprinciples as comprised within theconcept, which are as followsconcept, which are as follows--


34/35

The duty of the states to ensure sustainable use ofThe duty of the states to ensure sustainable use ofnatural resourcesnatural resources

The principle of equity and eradication of povertyThe principle of equity and eradication of poverty The principle of common but differentiatedThe principle of common but differentiated

responsibilitiesresponsibilities The principle of precautionary approach to humanThe principle of precautionary approach to human

health, natural resources and ecosystemshealth, natural resources and ecosystems The principle of public participation and access toThe principle of public participation and access to

information and justiceinformation and justice

The principle of good governanceThe principle of good governance The principle of integration and interrelationship, inThe principle of integration and interrelationship, in

particular in relation to human rights and social,particular in relation to human rights and social,economic an environmental objectiveseconomic an environmental objectives


35/35

The principle of sustainable developmentThe principle of sustainable developmentcan now be deemed as a part ofcan now be deemed as a part of

customary international law.customary international law.

04. general principles

Documents