This document discusses emerging principles of international environmental law, including intergenerational equity. It provides context on the concept of sustainable development established in the 1987 Brundtland Report and elaborated in subsequent international agreements. Intergenerational equity is discussed as a fundamental principle of sustainable development, recognizing the rights and obligations between current and future generations regarding the environment. It is linked to concepts like sustainable use of natural resources and ensuring environmental quality and access across generations. The document examines the incorporation of intergenerational equity in international agreements and its conceptualization involving comparable options, quality, and access for present and future generations.
Unit Learning ObjectivesAfter reading this unit, you will· .docxdickonsondorris
Unit Learning Objectives
After reading this unit, you will:
· Explain how international environment law evolved, identifysome of its major principles and concepts, and understandthe contexts in which they apply
· Identify some of the main instruments (treaties/conventions, declarations, resolutions) that inform the substantive content of international environment law, and discuss critically some of the challenges to the making and implementation of international environment law.
· Identify some of the rules and regulations created to address climate change and conserve biological diversity, and understand some of the main challenges to their effective implementation.
Unit Plan and Summary
This unit discusses the role of international law in the governance of the global environment and sustainable development. We begin with an examination of the evolution of international environment law, highlighting the major UN sponsored initiatives that have given impetus to the elaboration of new principles, concepts and agreements, especially the notion of 'sustainable development'. We then proceed to discuss two examples of international environment treaties (climate change and biological diversity) that attempt to translate notions of sustainable development into binding rules and regulations embodying some of the key principles of global environmental governance that have emerged over the past 40 years.
Outline
1. The Evolution of International Environment Law
2. Making and Implementing International Environment Law
3. Climate Change
4. Biological Diversity
Readings
· Fuentes, Ximena. “International Law-Making in the Field of Sustainable Development: The Unequal Competition Between Development and the Environment.” International Environmental Agreements 2, no. 2 (2002): 109–133. doi:http://dx.doi.org/10.1023/A:1020990026398.
Readings for Briefs
· Hiskes, Richard P. “The Right to a Green Future: Human Rights, Environmentalism, and Intergenerational Justice.” Human Rights Quarterly 27, no. 4 (2005): 1346–1364.
· Risse, Mathias. “The Right to Relocation: Disappearing Island Nations and Common Ownership of the Earth.” Ethics & International Affairs 23, no. 3 (2009). doi:http://dx.doi.org/10.1111/j.1747-7093.2009.00218.x.
· McIntyre, Owen, and Mosedale, Thomas. “The Precautionary Principle as a Norm of Customary International Law.” Journal of Environmental Law 9, no. 2 (1997): 221–241. doi:http://dx.doi.org/10.1093/jel/9.2.221.
Key Concepts
· Precautionary Principle
· Polluter Pays Principle
· Common Heritage Principle (Res Communis)
· Common but Differentiated Responsibilities
· Framework-Protocol Approach
· State Responsibility (Good Neighbourliness)
· Transboundary Environmental harm
· Stockholm Declaration
· Rio Declaration
· Climate Change Mitigation & Adaptation
· Sustainable Development
· Access & Allocation
· Public Goods, Private Goods and Merit Goods
· Environmental Refugees
· Carbon offsets & Certified Emissions Reductions (CERs)
· Carbon Sin ...
This document discusses several important international declarations and principles of environmental law. It summarizes the Stockholm Declaration (1972), Rio Declaration (1992), and Johannesburg Declaration (2002) which established frameworks for environmental protection and conservation. It also outlines key principles of international environmental law like sustainable development, polluter pays, and precautionary action. Finally, it examines international responses to issues of marine pollution and global warming through conventions like the UN Law of the Sea and frameworks for reducing greenhouse gas emissions.
Sheet4BinFrequency131010101010101010101010101010102112020202020202031030303030303030303047404040404040404057505050505050More12
SampleFREQUENCY
nog839: nog839:
times visited starbucks
EXPERIENCE
nog839: nog839:
visit rating
IncomeFrequencyPercentage75High 151553Medium252532Low101044505045213151425364222233217161715333524131212321647233242444331332517161243545152564735261311544
Descriptive Descriptive StatisticsFREQUENCY
nog839: nog839:
times visited starbucks
EXPERIENCE
nog839: nog839:
visit rating
Count5050Mean3.922.66Sample Standard Deviation1.83881061831.4513892008Sample Variance3.38122448982.1065306122Minimum11Maximum75Range64Confidence interval 95.% lower0.5096829336Confidence interval 95.% upper0.9372103903half-widtht(df=99)1st quartile21median433rd quartile54interquartile rangemode21low extremeslow outliershigh outliershigh extremesnormal curve GOFp-valuechi-square(df=5)E0
Scatter Plot
Scatterplot Experience vs Frequency
EXPERIENCE 7 5 3 4 4 2 3 5 4 5 6 2 2 3 2 7 6 7 5 3 5 4 3 2 2 2 6 7 3 2 2 4 3 1 3 5 7 6 2 3 4 1 2 6 7 5 6 3 1 4 5 3 2 4 5 1 1 1 2 3 4 2 2 3 1 1 1 1 3 3 2 1 1 1 3 1 4 2 3 4 4 4 3 3 2 1 1 1 4 5 5 5 5 4 3 2 1 1 5 4
Frequency
Experience
Bar Graph
Income
Frequency 15 25 10 50 Percentage 15 25 10 50
Histogram Frequency and Experience
FREQUENCY 7 5 3 4 4 2 3 5 4 5 6 2 2 3 2 7 6 7 5 3 5 4 3 2 2 2 6 7 3 2 2 4 3 1 3 5 7 6 2 3 4 1 2 6 7 5 6 3 1 4 EXPERIENCE 5 3 2 4 5 1 1 1 2 3 4 2 2 3 1 1 1 1 3 3 2 1 1 1 3 1 4 2 3 4 4 4 3 3 2 1 1 1 4 5 5 5 5 4 3 2 1 1 5 4
Unit Learning Objectives
After reading this unit, you will:
· Explain how international environment law evolved, identify some of its major principles and concepts, and understand the contexts in which they apply
· Identify some of the main instruments (treaties/conventions, declarations, resolutions) that inform the substantive content of international environment law, and discuss critically some of the challenges to the making and implementation of international environment law.
· Identify some of the rules and regulations created to address climate change and conserve biological diversity, and understand some of the main challenges to their effective implementation.
Unit Plan and Summary
This unit discusses the role of international law in the governance of the global environment and sustainable development. We begin with an examination of the evolution of international environment law, highlighting the major UN sponsored initiatives that have given impetus to the elaboration of new principles, concepts and agreements, especially the notion of 'sustainable development'. We then proceed to discuss two examples of international environment treaties (climate change and biological diversity) that attempt to translate notions of sustainable development into binding rules and regulations embodying some of the key principles of global environmental governance that have emerged over the past 40 years.
Outline
1. The Evolution of International Environment Law
2. Making a.
This document provides an overview of natural resource law and its importance in managing resources sustainably while balancing economic growth and environmental protection. It discusses several challenges facing humanity, such as population growth, pollution, and climate change. The key principles of natural resource law discussed include sovereignty, sustainable development, equitable utilization, and the precautionary principle. The document also examines international environmental frameworks and institutions, as well as laws governing natural resources in Sri Lanka.
This document provides an overview of concepts related to environmental policy. It begins with defining key terms like policy, public policy, and the policy cycle. It then distinguishes between policies, laws, rules and regulations. The document outlines the development of international environmental laws and policies starting from the 1972 Stockholm Declaration. It discusses principles of international environmental law like sustainable development, responsibility for transboundary harm, precaution, and polluter pays. The document provides context for why the study of environmental policy is important for scientific understanding, problem solving, and policy recommendations. It concludes with references for further reading.
the principle of sustainable development is very significant environmental principle developed through various international treaties and now became the part of Indian environmental jurisprudence.
Environmental law is guided by several key principles that shape the legal framework for protecting the environment and promoting sustainable development. Here's a detailed overview of some of the fundamental principles under environmental law:
1. **Precautionary Principle**:
- This principle emphasizes taking preventive action in the face of uncertainty or potential risks to the environment, even in the absence of scientific certainty. It suggests that lack of scientific evidence should not be used as a reason to postpone measures to prevent environmental degradation.
2. **Polluter Pays Principle**:
- According to this principle, those who pollute or cause environmental damage should bear the costs of remedying the damage or mitigating its effects. It aims to internalize the environmental costs of activities by making polluters financially responsible for the harm they cause.
3. **Sustainable Development**:
- Sustainable development seeks to meet the needs of the present without compromising the ability of future generations to meet their own needs. Environmental laws often incorporate principles of sustainability by promoting conservation, resource management, and equitable use of natural resources.
4. **Integration Principle**:
- This principle encourages the integration of environmental considerations into decision-making processes across sectors and levels of governance. It recognizes that environmental protection should be integrated into economic, social, and development policies to achieve holistic and effective environmental management.
5. **Preventive Action**:
- Environmental law often emphasizes the importance of taking proactive measures to prevent environmental harm before it occurs. This includes implementing regulations, standards, and policies to reduce pollution, conserve natural resources, and protect ecosystems.
6. **Public Participation**:
- Public participation is crucial for effective environmental governance. Environmental laws may require public involvement in decision-making processes related to environmental policies, projects, or activities to ensure transparency, accountability, and democratic decision-making.
7. **Inter-generational Equity**:
- This principle emphasizes the fair and equitable treatment of present and future generations concerning environmental resources and quality. It underscores the responsibility to conserve and sustainably manage natural resources for the benefit of both current and future generations.
8. **Access to Environmental Information and Justice**:
- Environmental law often guarantees the right of individuals and communities to access information about environmental matters and to seek legal remedies in case of environmental harm. Access to information and justice enables public participation, empowers affected individuals, and promotes accountability.
Unit Learning ObjectivesAfter reading this unit, you will· .docxdickonsondorris
Unit Learning Objectives
After reading this unit, you will:
· Explain how international environment law evolved, identifysome of its major principles and concepts, and understandthe contexts in which they apply
· Identify some of the main instruments (treaties/conventions, declarations, resolutions) that inform the substantive content of international environment law, and discuss critically some of the challenges to the making and implementation of international environment law.
· Identify some of the rules and regulations created to address climate change and conserve biological diversity, and understand some of the main challenges to their effective implementation.
Unit Plan and Summary
This unit discusses the role of international law in the governance of the global environment and sustainable development. We begin with an examination of the evolution of international environment law, highlighting the major UN sponsored initiatives that have given impetus to the elaboration of new principles, concepts and agreements, especially the notion of 'sustainable development'. We then proceed to discuss two examples of international environment treaties (climate change and biological diversity) that attempt to translate notions of sustainable development into binding rules and regulations embodying some of the key principles of global environmental governance that have emerged over the past 40 years.
Outline
1. The Evolution of International Environment Law
2. Making and Implementing International Environment Law
3. Climate Change
4. Biological Diversity
Readings
· Fuentes, Ximena. “International Law-Making in the Field of Sustainable Development: The Unequal Competition Between Development and the Environment.” International Environmental Agreements 2, no. 2 (2002): 109–133. doi:http://dx.doi.org/10.1023/A:1020990026398.
Readings for Briefs
· Hiskes, Richard P. “The Right to a Green Future: Human Rights, Environmentalism, and Intergenerational Justice.” Human Rights Quarterly 27, no. 4 (2005): 1346–1364.
· Risse, Mathias. “The Right to Relocation: Disappearing Island Nations and Common Ownership of the Earth.” Ethics & International Affairs 23, no. 3 (2009). doi:http://dx.doi.org/10.1111/j.1747-7093.2009.00218.x.
· McIntyre, Owen, and Mosedale, Thomas. “The Precautionary Principle as a Norm of Customary International Law.” Journal of Environmental Law 9, no. 2 (1997): 221–241. doi:http://dx.doi.org/10.1093/jel/9.2.221.
Key Concepts
· Precautionary Principle
· Polluter Pays Principle
· Common Heritage Principle (Res Communis)
· Common but Differentiated Responsibilities
· Framework-Protocol Approach
· State Responsibility (Good Neighbourliness)
· Transboundary Environmental harm
· Stockholm Declaration
· Rio Declaration
· Climate Change Mitigation & Adaptation
· Sustainable Development
· Access & Allocation
· Public Goods, Private Goods and Merit Goods
· Environmental Refugees
· Carbon offsets & Certified Emissions Reductions (CERs)
· Carbon Sin ...
This document discusses several important international declarations and principles of environmental law. It summarizes the Stockholm Declaration (1972), Rio Declaration (1992), and Johannesburg Declaration (2002) which established frameworks for environmental protection and conservation. It also outlines key principles of international environmental law like sustainable development, polluter pays, and precautionary action. Finally, it examines international responses to issues of marine pollution and global warming through conventions like the UN Law of the Sea and frameworks for reducing greenhouse gas emissions.
Sheet4BinFrequency131010101010101010101010101010102112020202020202031030303030303030303047404040404040404057505050505050More12
SampleFREQUENCY
nog839: nog839:
times visited starbucks
EXPERIENCE
nog839: nog839:
visit rating
IncomeFrequencyPercentage75High 151553Medium252532Low101044505045213151425364222233217161715333524131212321647233242444331332517161243545152564735261311544
Descriptive Descriptive StatisticsFREQUENCY
nog839: nog839:
times visited starbucks
EXPERIENCE
nog839: nog839:
visit rating
Count5050Mean3.922.66Sample Standard Deviation1.83881061831.4513892008Sample Variance3.38122448982.1065306122Minimum11Maximum75Range64Confidence interval 95.% lower0.5096829336Confidence interval 95.% upper0.9372103903half-widtht(df=99)1st quartile21median433rd quartile54interquartile rangemode21low extremeslow outliershigh outliershigh extremesnormal curve GOFp-valuechi-square(df=5)E0
Scatter Plot
Scatterplot Experience vs Frequency
EXPERIENCE 7 5 3 4 4 2 3 5 4 5 6 2 2 3 2 7 6 7 5 3 5 4 3 2 2 2 6 7 3 2 2 4 3 1 3 5 7 6 2 3 4 1 2 6 7 5 6 3 1 4 5 3 2 4 5 1 1 1 2 3 4 2 2 3 1 1 1 1 3 3 2 1 1 1 3 1 4 2 3 4 4 4 3 3 2 1 1 1 4 5 5 5 5 4 3 2 1 1 5 4
Frequency
Experience
Bar Graph
Income
Frequency 15 25 10 50 Percentage 15 25 10 50
Histogram Frequency and Experience
FREQUENCY 7 5 3 4 4 2 3 5 4 5 6 2 2 3 2 7 6 7 5 3 5 4 3 2 2 2 6 7 3 2 2 4 3 1 3 5 7 6 2 3 4 1 2 6 7 5 6 3 1 4 EXPERIENCE 5 3 2 4 5 1 1 1 2 3 4 2 2 3 1 1 1 1 3 3 2 1 1 1 3 1 4 2 3 4 4 4 3 3 2 1 1 1 4 5 5 5 5 4 3 2 1 1 5 4
Unit Learning Objectives
After reading this unit, you will:
· Explain how international environment law evolved, identify some of its major principles and concepts, and understand the contexts in which they apply
· Identify some of the main instruments (treaties/conventions, declarations, resolutions) that inform the substantive content of international environment law, and discuss critically some of the challenges to the making and implementation of international environment law.
· Identify some of the rules and regulations created to address climate change and conserve biological diversity, and understand some of the main challenges to their effective implementation.
Unit Plan and Summary
This unit discusses the role of international law in the governance of the global environment and sustainable development. We begin with an examination of the evolution of international environment law, highlighting the major UN sponsored initiatives that have given impetus to the elaboration of new principles, concepts and agreements, especially the notion of 'sustainable development'. We then proceed to discuss two examples of international environment treaties (climate change and biological diversity) that attempt to translate notions of sustainable development into binding rules and regulations embodying some of the key principles of global environmental governance that have emerged over the past 40 years.
Outline
1. The Evolution of International Environment Law
2. Making a.
This document provides an overview of natural resource law and its importance in managing resources sustainably while balancing economic growth and environmental protection. It discusses several challenges facing humanity, such as population growth, pollution, and climate change. The key principles of natural resource law discussed include sovereignty, sustainable development, equitable utilization, and the precautionary principle. The document also examines international environmental frameworks and institutions, as well as laws governing natural resources in Sri Lanka.
This document provides an overview of concepts related to environmental policy. It begins with defining key terms like policy, public policy, and the policy cycle. It then distinguishes between policies, laws, rules and regulations. The document outlines the development of international environmental laws and policies starting from the 1972 Stockholm Declaration. It discusses principles of international environmental law like sustainable development, responsibility for transboundary harm, precaution, and polluter pays. The document provides context for why the study of environmental policy is important for scientific understanding, problem solving, and policy recommendations. It concludes with references for further reading.
the principle of sustainable development is very significant environmental principle developed through various international treaties and now became the part of Indian environmental jurisprudence.
Environmental law is guided by several key principles that shape the legal framework for protecting the environment and promoting sustainable development. Here's a detailed overview of some of the fundamental principles under environmental law:
1. **Precautionary Principle**:
- This principle emphasizes taking preventive action in the face of uncertainty or potential risks to the environment, even in the absence of scientific certainty. It suggests that lack of scientific evidence should not be used as a reason to postpone measures to prevent environmental degradation.
2. **Polluter Pays Principle**:
- According to this principle, those who pollute or cause environmental damage should bear the costs of remedying the damage or mitigating its effects. It aims to internalize the environmental costs of activities by making polluters financially responsible for the harm they cause.
3. **Sustainable Development**:
- Sustainable development seeks to meet the needs of the present without compromising the ability of future generations to meet their own needs. Environmental laws often incorporate principles of sustainability by promoting conservation, resource management, and equitable use of natural resources.
4. **Integration Principle**:
- This principle encourages the integration of environmental considerations into decision-making processes across sectors and levels of governance. It recognizes that environmental protection should be integrated into economic, social, and development policies to achieve holistic and effective environmental management.
5. **Preventive Action**:
- Environmental law often emphasizes the importance of taking proactive measures to prevent environmental harm before it occurs. This includes implementing regulations, standards, and policies to reduce pollution, conserve natural resources, and protect ecosystems.
6. **Public Participation**:
- Public participation is crucial for effective environmental governance. Environmental laws may require public involvement in decision-making processes related to environmental policies, projects, or activities to ensure transparency, accountability, and democratic decision-making.
7. **Inter-generational Equity**:
- This principle emphasizes the fair and equitable treatment of present and future generations concerning environmental resources and quality. It underscores the responsibility to conserve and sustainably manage natural resources for the benefit of both current and future generations.
8. **Access to Environmental Information and Justice**:
- Environmental law often guarantees the right of individuals and communities to access information about environmental matters and to seek legal remedies in case of environmental harm. Access to information and justice enables public participation, empowers affected individuals, and promotes accountability.
This report provides an assessment of global progress towards achieving the Millennium Development Goals (MDGs). It finds that:
- Significant progress has been made towards achieving many of the MDGs, including reducing extreme poverty, improving access to clean water, and increasing primary education enrollment.
- However, goals related to maternal and child health, and environmental sustainability still face major challenges. The needs of Africa and other regions require increased focus.
- Sustaining development progress will depend on maintaining commitment to inclusive economic growth, social inclusion, environmental sustainability, and democratic governance. The upcoming Sustainable Development Goals aim to build on the successes and lessons of the MDGs.
The United Nations Conference on Environment and Development (UNCED), also known as the Earth Summit, was a major UN conference held in Rio de Janeiro in 1992. Over 105 nations gathered and discussed issues of sustainable development, the environment, and the relationship between economics and the environment. Key agreements from the conference included the Convention on Biological Diversity, the United Nations Framework Convention on Climate Change, and the United Nations Convention to Combat Desertification. The conference concluded with nations demonstrating their commitment to addressing these global environmental challenges through sustainable development.
The document summarizes key principles of the United Nations Framework Convention on Climate Change (UNFCCC), including:
1) The climate system is a common concern requiring cooperation by all countries according to their differentiated responsibilities and capabilities. Developed countries should take the lead in addressing climate change.
2) Developing countries' special needs and vulnerabilities must be considered. Policies should allow sustainable development and eradicating poverty.
3) Responses to climate change should balance environmental protection, economic development, and equity between nations. The UNFCCC is guided by the principles of common but differentiated responsibilities and respective capabilities.
This is a presentation on one of the topic of environmental law. It deals with Rio Declaration which is a very important summit in the history of environmental law.
Lecture-1 Understanding of Environmental PolicyShankor Paul
This document summarizes a lecture on environmental policy and planning. It defines key concepts like policy, public policy, and the policy cycle. It also distinguishes between policy and law, and policy and rules/regulations. The lecture discusses the development of international environmental laws and key principles like sustainable development. It provides examples of environmental policies in Bangladesh and outlines the objectives of studying environmental policy.
The document summarizes the Rio Declaration on Environment and Development from 1992. The key outcomes were the Rio Declaration, Agenda 21, and agreements such as the UN Framework Convention on Climate Change. The Rio Declaration established 27 principles for environmental protection and sustainable development, covering issues like the human right to development, public participation, environmental impact assessments, and special consideration for developing countries. Agenda 21 laid out an action plan across 4 sections related to social/economic development, conservation, strengthening major stakeholders, and implementation mechanisms.
Rio declaration on environment and development.docTumi Ryngkhlem
The Rio Declaration on Environment and Development consisted of 27 principles to guide sustainable development. It established that human beings are at the center of sustainable development concerns. It also recognized the sovereignty of states to exploit their resources pursuant to their environmental and development policies, while ensuring activities don't harm other states. Additionally, it stated the right to development must equitably meet needs of present and future generations, and that environmental protection is integral to development.
The document outlines key sustainable development principles reflected in the Paris Agreement on climate change, including:
1) The duty of states to ensure sustainable use of natural resources like the atmosphere and carbon sinks.
2) The principles of equity, eradicating poverty, and common but differentiated responsibilities and capacities.
3) Applying precautionary and good governance approaches to climate change mitigation and adaptation efforts.
Principle of common but differentiated responibility principle of eiaMILON SHOHRAB
This document discusses the principle of common but differentiated responsibilities as it relates to environmental impact assessments. It begins by defining environmental impact assessments and outlining their purpose to ensure decision-makers consider environmental impacts of projects. It then discusses the principle of common but differentiated responsibilities, noting it recognizes historical differences between developed and developing countries in contributing to environmental problems and their capacity to address them. Finally, it provides examples of how this principle has been manifested in multilateral treaties and declarations regarding shared resources.
The document summarizes a workshop on "Rights, Governance & Climate Change" held in Warsaw, Poland in November 2013. Over 50 scholars, policymakers, practitioners, and stakeholders convened to examine how substantive and procedural rights can support effective and equitable climate change solutions. The workshop consisted of sessions on linkages between human rights and climate change, case studies on rights and climate governance, emerging issues, and next steps. It aimed to identify research needs, facilitate knowledge sharing, and inform planning for a 2014 global conference on the topic.
The document summarizes a workshop on "Rights, Governance & Climate Change" held in Warsaw, Poland in November 2013. Over 50 scholars, policymakers, practitioners, and stakeholders convened to examine how substantive and procedural rights can support effective and equitable climate change solutions. The workshop consisted of sessions on linkages between human rights and climate change, case studies on rights and climate governance, emerging issues, and next steps. It aimed to identify research needs, facilitate knowledge sharing, and inform planning for a 2014 global conference on the topic.
The document discusses environmental liability and various common law remedies for environmental harm under different legal systems. It provides definitions and examples of different types of environmental liability laws including strict liability, civil liability, and public vs private liability. It also summarizes three common law remedies used in environmental cases - nuisance, trespass, and negligence. Specific cases are referenced to illustrate how these legal principles have been applied in environmental pollution disputes.
The United Nations Conference on Environment and Development (UNCED), also known as the Rio de Janeiro Earth Summit , Rio Summit, Rio Conference, and Earth Summit (Portuguese: ECO92), was a major United Nations conference held in Rio de Janeiro from 3 to 14 June 1992.
The document provides background information on several United Nations environmental summits held between 1972 and 2012, including key outcomes and issues discussed. It summarizes the United Nations Conference on the Human Environment held in Stockholm in 1972 which established the UN Environment Programme. It also describes the 1987 Brundtland Commission report and the 1992 Earth Summit in Rio de Janeiro which resulted in agreements on climate change, biodiversity, and forests. The document further discusses the Rio+5, Rio+10, and Rio+20 summits and their focus on advancing sustainable development goals.
This document discusses key principles of international environmental law, including:
1) State sovereignty and its limitations when addressing transboundary issues like migratory species.
2) The duty of states to cooperate on environmental issues, as no state alone can ensure conservation.
3) The precautionary principle and polluter pays principle to prevent environmental degradation and assign financial responsibility.
4) Sustainable development, meeting present needs without compromising future generations' ability to meet their needs.
The document discusses international environmental law and proposes actions to address global warming. It provides background on IEL, outlines issues in the past regarding definitions and effectiveness. It then proposes that governments help nationally/locally to meet commitments, through political will, technology transfers, and the polluter pays principle. Conclusions note potential impacts of warming and that environmental protection will continue competing with economic interests globally. Case studies show the Trail Smelter arbitration and France's nuclear testing disputes.
LAW711 - Lecture 1 - Topics 1 and 2.pptxsiwasnadeo
This document provides an overview of an environmental law course at a university. It includes:
1) Details about the course such as the coordinator, schedule, learning outcomes, and topics to be covered on the history and principles of environmental law.
2) Descriptions of key concepts in environmental law like definitions of environment, law, and environmental law. It also discusses important policy principles.
3) An overview of Fiji's environmental challenges including degradation of land and marine resources, coastal development issues, water and sanitation problems, urban waste management issues, and climate change impacts. The role of Fiji's Department of Environment is also summarized.
The document summarizes key details from several United Nations Earth Summits focused on sustainable development and the environment, held between 1992 and 2012. The main summits discussed were the 1992 Rio Summit, where agreements were reached on Agenda 21 and the Rio Declaration; the 2002 Earth Summit in Johannesburg; and Rio+20 in 2012. Key outcomes included frameworks and conventions on climate change, biodiversity, desertification, and commitments to achieve Millennium Development Goals.
The document discusses several international frameworks and conferences related to climate change, sustainable development, and human rights. It summarizes the goals and outcomes of conferences such as the 1992 UN Framework Convention on Climate Change, the 1997 Kyoto Protocol, the 2002 World Summit on Sustainable Development, and the 2009 UN Climate Change Conference in Copenhagen. It also outlines some principles of climate ethics and justice, and examples of climate justice actions and sub-national level actions being taken to address climate change.
This report provides an assessment of global progress towards achieving the Millennium Development Goals (MDGs). It finds that:
- Significant progress has been made towards achieving many of the MDGs, including reducing extreme poverty, improving access to clean water, and increasing primary education enrollment.
- However, goals related to maternal and child health, and environmental sustainability still face major challenges. The needs of Africa and other regions require increased focus.
- Sustaining development progress will depend on maintaining commitment to inclusive economic growth, social inclusion, environmental sustainability, and democratic governance. The upcoming Sustainable Development Goals aim to build on the successes and lessons of the MDGs.
The United Nations Conference on Environment and Development (UNCED), also known as the Earth Summit, was a major UN conference held in Rio de Janeiro in 1992. Over 105 nations gathered and discussed issues of sustainable development, the environment, and the relationship between economics and the environment. Key agreements from the conference included the Convention on Biological Diversity, the United Nations Framework Convention on Climate Change, and the United Nations Convention to Combat Desertification. The conference concluded with nations demonstrating their commitment to addressing these global environmental challenges through sustainable development.
The document summarizes key principles of the United Nations Framework Convention on Climate Change (UNFCCC), including:
1) The climate system is a common concern requiring cooperation by all countries according to their differentiated responsibilities and capabilities. Developed countries should take the lead in addressing climate change.
2) Developing countries' special needs and vulnerabilities must be considered. Policies should allow sustainable development and eradicating poverty.
3) Responses to climate change should balance environmental protection, economic development, and equity between nations. The UNFCCC is guided by the principles of common but differentiated responsibilities and respective capabilities.
This is a presentation on one of the topic of environmental law. It deals with Rio Declaration which is a very important summit in the history of environmental law.
Lecture-1 Understanding of Environmental PolicyShankor Paul
This document summarizes a lecture on environmental policy and planning. It defines key concepts like policy, public policy, and the policy cycle. It also distinguishes between policy and law, and policy and rules/regulations. The lecture discusses the development of international environmental laws and key principles like sustainable development. It provides examples of environmental policies in Bangladesh and outlines the objectives of studying environmental policy.
The document summarizes the Rio Declaration on Environment and Development from 1992. The key outcomes were the Rio Declaration, Agenda 21, and agreements such as the UN Framework Convention on Climate Change. The Rio Declaration established 27 principles for environmental protection and sustainable development, covering issues like the human right to development, public participation, environmental impact assessments, and special consideration for developing countries. Agenda 21 laid out an action plan across 4 sections related to social/economic development, conservation, strengthening major stakeholders, and implementation mechanisms.
Rio declaration on environment and development.docTumi Ryngkhlem
The Rio Declaration on Environment and Development consisted of 27 principles to guide sustainable development. It established that human beings are at the center of sustainable development concerns. It also recognized the sovereignty of states to exploit their resources pursuant to their environmental and development policies, while ensuring activities don't harm other states. Additionally, it stated the right to development must equitably meet needs of present and future generations, and that environmental protection is integral to development.
The document outlines key sustainable development principles reflected in the Paris Agreement on climate change, including:
1) The duty of states to ensure sustainable use of natural resources like the atmosphere and carbon sinks.
2) The principles of equity, eradicating poverty, and common but differentiated responsibilities and capacities.
3) Applying precautionary and good governance approaches to climate change mitigation and adaptation efforts.
Principle of common but differentiated responibility principle of eiaMILON SHOHRAB
This document discusses the principle of common but differentiated responsibilities as it relates to environmental impact assessments. It begins by defining environmental impact assessments and outlining their purpose to ensure decision-makers consider environmental impacts of projects. It then discusses the principle of common but differentiated responsibilities, noting it recognizes historical differences between developed and developing countries in contributing to environmental problems and their capacity to address them. Finally, it provides examples of how this principle has been manifested in multilateral treaties and declarations regarding shared resources.
The document summarizes a workshop on "Rights, Governance & Climate Change" held in Warsaw, Poland in November 2013. Over 50 scholars, policymakers, practitioners, and stakeholders convened to examine how substantive and procedural rights can support effective and equitable climate change solutions. The workshop consisted of sessions on linkages between human rights and climate change, case studies on rights and climate governance, emerging issues, and next steps. It aimed to identify research needs, facilitate knowledge sharing, and inform planning for a 2014 global conference on the topic.
The document summarizes a workshop on "Rights, Governance & Climate Change" held in Warsaw, Poland in November 2013. Over 50 scholars, policymakers, practitioners, and stakeholders convened to examine how substantive and procedural rights can support effective and equitable climate change solutions. The workshop consisted of sessions on linkages between human rights and climate change, case studies on rights and climate governance, emerging issues, and next steps. It aimed to identify research needs, facilitate knowledge sharing, and inform planning for a 2014 global conference on the topic.
The document discusses environmental liability and various common law remedies for environmental harm under different legal systems. It provides definitions and examples of different types of environmental liability laws including strict liability, civil liability, and public vs private liability. It also summarizes three common law remedies used in environmental cases - nuisance, trespass, and negligence. Specific cases are referenced to illustrate how these legal principles have been applied in environmental pollution disputes.
The United Nations Conference on Environment and Development (UNCED), also known as the Rio de Janeiro Earth Summit , Rio Summit, Rio Conference, and Earth Summit (Portuguese: ECO92), was a major United Nations conference held in Rio de Janeiro from 3 to 14 June 1992.
The document provides background information on several United Nations environmental summits held between 1972 and 2012, including key outcomes and issues discussed. It summarizes the United Nations Conference on the Human Environment held in Stockholm in 1972 which established the UN Environment Programme. It also describes the 1987 Brundtland Commission report and the 1992 Earth Summit in Rio de Janeiro which resulted in agreements on climate change, biodiversity, and forests. The document further discusses the Rio+5, Rio+10, and Rio+20 summits and their focus on advancing sustainable development goals.
This document discusses key principles of international environmental law, including:
1) State sovereignty and its limitations when addressing transboundary issues like migratory species.
2) The duty of states to cooperate on environmental issues, as no state alone can ensure conservation.
3) The precautionary principle and polluter pays principle to prevent environmental degradation and assign financial responsibility.
4) Sustainable development, meeting present needs without compromising future generations' ability to meet their needs.
The document discusses international environmental law and proposes actions to address global warming. It provides background on IEL, outlines issues in the past regarding definitions and effectiveness. It then proposes that governments help nationally/locally to meet commitments, through political will, technology transfers, and the polluter pays principle. Conclusions note potential impacts of warming and that environmental protection will continue competing with economic interests globally. Case studies show the Trail Smelter arbitration and France's nuclear testing disputes.
LAW711 - Lecture 1 - Topics 1 and 2.pptxsiwasnadeo
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1) Details about the course such as the coordinator, schedule, learning outcomes, and topics to be covered on the history and principles of environmental law.
2) Descriptions of key concepts in environmental law like definitions of environment, law, and environmental law. It also discusses important policy principles.
3) An overview of Fiji's environmental challenges including degradation of land and marine resources, coastal development issues, water and sanitation problems, urban waste management issues, and climate change impacts. The role of Fiji's Department of Environment is also summarized.
The document summarizes key details from several United Nations Earth Summits focused on sustainable development and the environment, held between 1992 and 2012. The main summits discussed were the 1992 Rio Summit, where agreements were reached on Agenda 21 and the Rio Declaration; the 2002 Earth Summit in Johannesburg; and Rio+20 in 2012. Key outcomes included frameworks and conventions on climate change, biodiversity, desertification, and commitments to achieve Millennium Development Goals.
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Presented by The Global Peatlands Assessment: Mapping, Policy, and Action at GLF Peatlands 2024 - The Global Peatlands Assessment: Mapping, Policy, and Action
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The incorporation of a 3DCSM and completion of HRSC provided a tool for enhanced, data-driven, decisions to support a change in remediation closure strategies. Currently, an approved pilot study has been obtained to shut-down the remediation systems (ISCO, P&T) and conduct a hydraulic study under non-pumping conditions. A separate micro-biological bench scale treatability study was competed that yielded positive results for an emerging innovative technology. As a result, a field pilot study has commenced with results expected in nine-twelve months. With the results of the hydraulic study, field pilot studies and an updated risk assessment leading site monitoring optimization cost lifecycle savings upwards of $15MM towards an alternatively evolved best available technology remediation closure strategy.
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The popularity of functional foods among scientists and common people has been increasing day by day. Awareness and modernization make the consumer think better regarding food and nutrition. Now a day’s individual knows very well about the relation between food consumption and disease prevalence. Humans have a diversity of microbes in the gut that together form the gut microflora. Probiotics are the health-promoting live microbial cells improve host health through gut and brain connection and fighting against harmful bacteria. Bifidobacterium and Lactobacillus are the two bacterial genera which are considered to be probiotic. These good bacteria are facing challenges of viability. There are so many factors such as sensitivity to heat, pH, acidity, osmotic effect, mechanical shear, chemical components, freezing and storage time as well which affects the viability of probiotics in the dairy food matrix as well as in the gut. Multiple efforts have been done in the past and ongoing in present for these beneficial microbial population stability until their destination in the gut. One of a useful technique known as microencapsulation makes the probiotic effective in the diversified conditions and maintain these microbe’s community to the optimum level for achieving targeted benefits. Dairy products are found to be an ideal vehicle for probiotic incorporation. It has been seen that the encapsulated microbial cells show higher viability than the free cells in different processing and storage conditions as well as against bile salts in the gut. They make the food functional when incorporated, without affecting the product sensory characteristics.
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Water contamination is one of the major causes of water borne diseases worldwide. In Kenya, approximately 43% of people lack access to potable water due to human contamination. River Kuywa water is currently experiencing contamination due to human activities. Its water is widely used for domestic, agricultural, industrial and recreational purposes. This study aimed at characterizing bacteria and fungi in river Kuywa water. Water samples were randomly collected from four sites of the river: site A (Matisi), site B (Ngwelo), site C (Nzoia water pump) and site D (Chalicha), during the dry season (January-March 2018) and wet season (April-July 2018) and were transported to Maseno University Microbiology and plant pathology laboratory for analysis. The characterization and identification of bacteria and fungi were carried out using standard microbiological techniques. Nine bacterial genera and three fungi were identified from Kuywa river water. Clostridium spp., Staphylococcus spp., Enterobacter spp., Streptococcus spp., E. coli, Klebsiella spp., Shigella spp., Proteus spp. and Salmonella spp. Fungi were Fusarium oxysporum, Aspergillus flavus complex and Penicillium species. Wet season recorded highest bacterial and fungal counts (6.61-7.66 and 3.83-6.75cfu/ml) respectively. The results indicated that the river Kuywa water is polluted and therefore unsafe for human consumption before treatment. It is therefore recommended that the communities to ensure that they boil water especially for drinking.
Epcon is One of the World's leading Manufacturing Companies.EpconLP
Epcon is One of the World's leading Manufacturing Companies. With over 4000 installations worldwide, EPCON has been pioneering new techniques since 1977 that have become industry standards now. Founded in 1977, Epcon has grown from a one-man operation to a global leader in developing and manufacturing innovative air pollution control technology and industrial heating equipment.
3. Introduction
The 1992 "Earth Summit" pronounces a catalogue of
concepts which it calls principles.
Aim to determine the direction of state and actors in
IEL activity
Two Kinds of Principles can be identified
General principles of international law, as applied to
environmental issues.
Principles of international environmental law in the
strict sense.
4. Foundations & USE of Principles
Principles provide a framework for negotiating and
implementing new and existing agreements
Some principles provide the rules of decision for
resolving transboundary environmental disputes.
Some principles provide a framework for the
development and convergence of national and
subnational environmental laws.
Some principles assist in the integration of
international environmental law with other fields such
as international trade or human right
5. General principles of International
law
State Sovereignty
State Sovereignty over Natural resources
Common Heritage of Humankind
State Responsibility
6. State Sovereignty
State sovereignty: at the core of international law.
It implies both “territorial sovereignty” and “territorial integrity” The
two aspects are reflected in Rio principle 2 (Stockholm principle 21):
“States have, in accordance with the Charter of the United Nations and
the principles of international law the sovereign right to exploit their
own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the
environment of other States or of areas beyond the limits of national
jurisdiction.”
However: The sovereign right to exploit the natural resources is limited
and conditioned by customary law, treaty law and other principles of
international environmental law.
7. PERMANENT SOVEREIGNTY OVER
NATURAL RESOURCES
The concept of permanent sovereignty over natural
resources, though subsumed under the broader principle of
territorial sovereignty, is of a relatively recent origin.
The United Nations General Assembly declared,, that the
right of peoples and nations to permanent sovereignty over
their natural wealth and resources must be exercised in the
interest of their national development and of the well-
being of the people of the States concerned.
Ardently Desired by the Developing nations.
8. COMMON HERITAGE OF
HUMANKIND
The global commons refers to those areas beyond the limits
of national jurisdiction such as the high seas, the sea-bed,
Antarctica, outer space, or the ozone layer.
For resources in these areas, the concept of permanent
sovereignty is generally not applicable. although the rules
of cooperation and equitable use that apply to shared
resources also apply to global commons resources,
Law of the Sea Conference perceived a need to generate a
new conceptual framework for addressing these resources.
common heritage of humankind (Developing Nations)
9. STATE RESPONSIBILITY
The basic rule of State responsibility in the context of
environmental protection
States are responsible for injuries caused to the
environment of another State or the global commons
resulting from violations of a generally accepted
international rule or standard.
Principle 21 of the Stockholm Declaration:
States have ... 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
10. STATE RESPONSIBILITY
Requirements
The environmental damage must result from a violation of
international law. Problematic due to soft law
difficult questions of proof.
A state is responsible both for its own activities and for activities
of private corporations or individuals under its jurisdiction or
control.
Under this rule, States may be responsible for not enacting or
enforcing necessary environmental laws,
There must be no justifying circumstances, such as consent by
the affected State or an intervening cause, such as an act of God.
(iv) The damage must be "significant," which can present serious
problems of proof and quantification.
11. ADMINISTRATIVE AND JUDICIAL
PROCEEDINGS
Central to the issues of compensation for environmental
harm is the emerging trend toward equal access to
administrative and judicial proceedings.
Under the equal access principle, affected parties in one
State should be provided the same access to remedies and
redress as would be provided to affected parties in the State
where the polluting activities are located.
The principle extends both to planning processes, such as
the environmental impact assessment provisions, and to
issues of liability and compensation
12. General principle of International
Environmental Law
Sustainable Development
Intergenerational Equity
Common But Differentiated Responsibilities
Obligation Not to Cause Environmental Harm
The Precautionary Principle
The Polluter and User Pays Principle
Subsidiarity , M. Good Neighborliness and the Duty to Cooperate
N. Duties to Provide Prior Notification and to Consult in Good Faith
Environment Impact Assessment
13. Status of Emerging Environmental
Principles
The current interest in the principles of international
environmental law stems to a large extent from a need
to define and give content to the notion of sustainable
development
14. Sustainable development
The international law of sustainable Development is
contained within a series of United Nations (UN)
General Assembly (GA) facilitated global summits
15. conceptualization of sustainable
development
Until 1972 multilateral environmental agreements (MEAs)
had focussed on first generation environmental problems
1972 linkage between economic and environment and
development became prominent
Stockholm Declaration, a statement of 26 principles calling
upon governments and peoples to exert common efforts for
the preservation and improvement of the human
environment.
Principle 1 of the Declaration at least implicitly suggested
that there was a human right to a healthy environment.
Second, Principle 21strikes a balance between a State’s
sovereignty and its obligation not to cause harm
16. Conceptualisation and origin
Continues
World Commission on Environment and Development
(WCED) to investigate the state of the global
environment. The outcome of the Commission’s work
was its 1987 seminal report, ‘Our Common Future’.
17. Modern Definition Begins in the
former science
Our Common Future (1987), defined sustainable
development as "development that meets the needs of
the present without compromising the ability of future
generations to meet their own needs," which has
become the accepted standard definition.
three components to sustainable development:
economic growth, environmental protection, and
social equity
18. Components Expanded
Patricia Birnie and Alan Boyle, identifies Following
Components
the environmental needs of future generations;
environmental protection to be an integral part of
development;
common but differentiated responsibilities; reduction of
unsustainable patterns of production and consumption;
enactment of effective environmental laws;
recognition of the precautionary principle;
internalization of environmental costs and the use of
economic instruments.
19. Components further detailed
Delhi Declaration (2002) ILA
The duty of States to ensure sustainable use of natural resources;
The principle of equity and the eradication of poverty;
The principle of common but differentiated responsibilities;
The principle of the precautionary approach to human health,
natural resources and ecosystems;
The principle of public participation and access to information
and justice;
The principle of good governance;
The principle of integration and interrelationship, in particular
inrelation to human rights and social, economic and
environmental objectives.
20. Elaboration Sustainable Principle
in Documents
the Rio Declaration on Environment and Development
(Rio Declaration) and the associated agenda 21
reiterated SD
Principle 3 incorporates The right to development
must be fulfilled so as to equitably meet
developmental and environmental needs of present
and future generations. States and people should
cooperate in spirit of partnership in the fulfilmet of
principles embodies in the declaration and in the
development of international law in the field of
sustainable development
21. Rio Declaration on Components of
Sustainable development
Principle 4 In order to achieve sustainable development,
environmental protection shall constitute an integral part of the
development process and cannot be considered in isolation from it.
Principle 7 In view of the different contributions to global
environmental degradation, States have common but differentiated
responsibilities
Principle 8 States should reduce and eliminate unsustainable patterns
of production and consumption and promote appropriate demographic
policies.
Principle 11 States shall enact effective environmental legislation.
Environmental standards, management objectives and priorities
should reflect the environmental and development context to
which they apply. Standards applied by some countries may be
inappropriate and of unwarranted economic and social cost to
other countries, in particular developing countries.
22. Rio Declaration on Components of
Sustainable development
Principle 16 Rio National authorities should endeavour
to promote the internalization of environmental costs
and the use of economic instruments, taking into
account the approach that the polluter should, in
principle, bear the cost of pollution,
PRINCIPLE 17 Environmental impact assessment, as a
national instrument, shall be undertaken for proposed
activities that are likely to have a significant adverse
impact on the environment and are subject to a
decision of a competent national authority.
23. RIO
Principle 27
States and people shall cooperate in good faith and in a
spirit of partnership in the fulfilment of the principles
embodied in this Declaration and in the further
development of international law in the field of
sustainable development.
24. Elaboration OF SD Post RIO
The 2002 Johannesburg World Summit on Sustainable
Development (WSSD or World Summit) is the most recent of
the GA sponsored sustainable development initiatives.
Three instruments were adopted: the
Johannesburg Declaration on Sustainable Development
(Johannesburg Declaration);
the Plan of Implementation of the World Summit on Sustainable
Development (Plan of Implementation); and the Statement
Regarding the Use of Renewable Energy
The Declaration speaks generally about poverty eradication and
sustainable development
To achieve our goals of sustainable development, we need more
effective, democratic and accountable international and
multilateral institutions.
25. Sustainable development Current
Status and Problems
No Clear cut definition and ambiguous nature
not clear whether procedural or substantive
FOR IUCN Legal term which refers to processes,
principles and objectives as well as to a large body of
international agreements on environmental ,
economic , civil and political rights (IUCN Report on
the consultation on sustainable development the
challenge to international law
26. Sustainable development Current
Status and Problems
SUSTAINABLE DEVELOPMENT AS A CONCEPT OR
PRINCIPLE OF INTERNATIONAL LAW?
Gabcikovo-Nagymaros Project (Hungary/Slovakia) (1997)
This ICJ case concerned a system of dams on the Danube
River designed to produce electrical energy and improve
the “navigability of the Danube, flood control and
regulation of ice-discharge, and the protection of the
environment.”
28. SUSTAINABLE DEVELOPMENT AS A CONCEPT
OR PRINCIPLE OF INTERNATIONAL LAW?
Gabcikovo-Nagymaros Project (Hungary/Slovakia) (1997)
The International Court of Justice judgment, included the
following paragraph “risks for mankind – for present and
future generations,” and the “concept of sustainable
development”:
“This need to reconcile economic development with
protection of the environment is aptly expressed in the
concept of sustainable development “
29. SUSTAINABLE DEVELOPMENT AS A CONCEPT OR PRINCIPLE OF
INTERNATIONAL LAW?
Gabcikovo-Nagymaros Project (Hungary/Slovakia) in
1997, the ICJ explained the “concept” of sustainable
development, though a dissenting opinion argued that
sustainable development is a “principle of
international law
30. SUSTAINABLE DEVELOPMENT AS A CONCEPT OR
PRINCIPLE OF INTERNATIONAL LAW?
Weeraramtry, opined The Court has referred to it as a
concept in paragraph 140 of its Judgment. However, I
consider it to be more than a mere concept, but as a
principle with normative value….” “There are plentiful
indications …to that degree of ‘general recognition
among states of a certain practice as obligatory’ to give
the principle of sustainable development the nature of
customary law
31. Other Judicial Bodies on SD
Shrimp case (WTO) USA against India, Malaysia ,Pakistan
and Thailand
Contention Extraterritoriality of conservation laws
Article XX exhaustible natural resources whether extend to
Shrimps also.
Decision Exxtra territorial possible, But unjustifiable
discrimination Appears to be arbitrary because of identical
demand No negotiation and co-0peperation as require din
Rio and CBD (Procedural requirement too exist in SD)
Case recognise sustainable development but does not
recognise the status as custom or General principles
32. Academic writings
Boyle AE, “The Gabčikovo-Nagymaros Case: New
Law in Old Bottles” (1997) 8 Yearbook of Int’l Envtl
Law 13, argued that the Gabčikovo-Nagymaros
case endorsed sustainable development as having a
role in reconciling the competing interests of
development and environmental protection
Lowe V, “Sustainable Development and Unsustainable
Arguments”, no consistent state practice The State
practice of sustainable development’s environmental
principles although abundant lacks the requisite
uniformity for customary incorporation
33. State Practice
At the same time many States have incorporated
sustainable development’s environmental principles
into domestic planning and environmental legislation.
Are these international and domestic initiatives
sufficient to reflect State acceptance and a rule of
customary international law
It demonstrates varying levels of State acceptance of
the separate Difficult to determine whether a custom
under Int Law
34. S D Elaborated recently
The concept of “environmental services” has also
become linked with sustainable development.
According to the 2002 Antigua Convention
services provided by the functions of nature itself,
such as the protection of soil by trees, the natural
filtration and purification of water, and the protection
of habitat for biodiversity (Art. 3(1)(c)).
35. Conclusion
The central message of sustainable development
is that we need to use natural resources at rates
where the resources replenish themselves
coupled with moral obligation to safeguard the
environmental needs of current and future
generations.
37. INTER-GENERATIONAL AND INTRA-
GENERATIONAL EQUITY
Fundamental underpinning of sustainable
development
“development that meets the needs of the present
without compromising the ability of future
generations to meet their own needs”
UNFCC, Article 3.(i) refers to inter-generational
equity
CBC , Preamble
UNCCD
Stockholm Convention on Persistent Organic
Pollutants
38. The theory of intergenerational equity is closely linked to
the notion of sustainable development.
The theory of equity between generations relies on the
"inherent relationship that each generation has to other
generations, past and future,
Intergenerational equity emphasizes the temporal aspect of
the concept, meaning that it relies on the rights and
obligations that each generation has toward the others. The
intragenerational aspect can be addressed as a morespatial
matter, because it prevents the rights and obligations
deriving from the intergenerational aspect from being
allocated to only one portion of the international
community.
Conceptualisation
39. Developments in Int law in temporal matter started with
Human Rights genocide etc
UDHR Preamble indirectly recognises this Whereas
recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is
the foundation of freedom, justice and peace in the world,
In public international law, Judge Huber enunciated the
intertemporal doctrine in the Island of Palmas Arbitration,
which involved a dispute between the United States and
the Netherlands over sovereignty of the small Pacific
island.
Development
40. Principle 2 Stockholm states that "the natural
resources of the earth ( ... ) must be safeguarded for
the benefit of present and future generations
Rio Principle 3 The right to development must be
fulfilled so as to equitably meet developmental and
environmental needs of present and future
generations.
Elaboration of Intergenerational
Equity in Int Law
41. The basic concept is that all generations are partners caring for
and using the Earth. This leads to three principles of
intergenerational equity: options, quality, and access.
The first, comparable options, means conserving the diversity of
the natural resource base so that future generations can use it to
satisfy their own values.
The second principle, comparable quality, means ensuring the
quality of the environment on balance is comparable between
generations.
The third one, comparable access, means non-discriminatory
access among generations to the Earth and its resources. These
three principles engender planetary rights and planetary
obligations.
Components of Intergenerational
Equity (Propounded By WEISS)
42. The first boundary consists of the preservationist model,
where "the present generation does not consume anything;
rather it saves aIl resources for future generations and
preserves the same level of quality in aIl aspects of the
environment
The second boundary is made of the opulent model, "in
which the present generation consumes aIl that it wants
today and generates as much wealth as it can, either
because there is no certainty that future generations will
exist or because maximizing consumption today is the best
way to maximize wealth for future generations,,.
Approaches and Models in
Application of Intergenerational
Equity
43. Judge Weeramantry, ICJ
In the case of Denmark v Norway case the International Court of
Justice considered the question of delimitation of the Continental Shelf
between the islands of Greenland and Jan Mayen. Judge Weeramantry
gave a separate concurring opinion which he based on the right to
Interganarational Equity. He noted, "[T]he concept of wise stewardship
[of natural resources]...and their conservation for the benefit of future
generations”
Again in the 1995 Nuclear Tests Case, he observed,
The case before the court raises, as no case before the court has done,
the principle of intergenerational equity - an important and rapidly
developing principle of contemporary environmental law...The court has
not thus far had occasion to make any pronouncement on this rapidly
developing field...[The case]...raises in pointed form the possibility of
damage to generations yet unborn”
Judicial Appoaches
44. Judge Weeramantry
Gabcíkovo- Nagymaros decision that modern
formulations of environmental law encompass “the
principle of trusteeship of earth resources [and] the
principle of intergenerational rights.” In a different
opinion, he described the court as a “trustee of those
rights.”
Judicial Approaches continues
45. Article 38 is the reference point for sources in
international law. Can we thus conclude that equity is
a source of international law?
For the IC], an application of equity can only be made
possible if the parties explicitly require it.
Intergenerational Equity a Rule of Principle
While a rule is practical and binding, a principle
"expresses a general truth, which guides our action,
serve as a theoretical basis for the various acts of our
life, and the application of which to reality produces a
given consequence".
Normative Problem with the
concept of Equity
46. According to Alexandre Kiss and Jean-Pierre Beurier,
intergenerational equity cannot be considered as a
principle of international law; it must be viewed as a
concept.
Weiss While principles consist of concrete legal
norms, from which rules can derive, such as the
principle of international cooperation or the
precautionary principle, concepts are considered as
abstract representations of the objectives that the
society wants to reach
Shows lack of consensus on the problem
Normative Problem with the
concept of Equity Continues
47. WEISS
Limitations on the present generation should be applied
very narrowly, lest the rights of future generations develop
into an all-purpose club to beat down any and all proposals
for change. But surely long-term environmental damage is
a good place to begin. Future generations really do have the
right to be assured that we will not pollute ground water,
load lake bottoms with toxic wastes, extinguish habitats
and species or change the world’s climate dramatically—all
long-term effects that are difficult or impossible to
reverse—unless there are extremely compelling reasons to
do so, reasons that go beyond mere profitability.
Conclusion
48. Scientific uncertainty regarding the evidence of a link
between human activity (as a cause) and its impact on
the environment (as a consequence) has been an
enormous obstacle for law making in the area of
environmental protection.
The Federal Republic of Germany has been a pioneer
in the area of the “precautionary approach” towards
the environment: they formulated the principle of
precaution (Vorsorgeprinzip) in their domestic law in
1974.
“Vorsorge.”
PRECAUTION PRINCIPLE Origin
49. An indirect reference to the precautionary principle
was made in a non-binding international document–
the Bremen Ministerial Declaration of the
International Conference on the Protection of the
North Sea.
But it remained ill-defined, and its philosophical
reputation is low.
Beginning of Precautionary
principle internationally
50. PrecautionaryPrinciple:
Rio Declaration. Principle 15 of the Declaration states that
“in order to protect the environment, the precautionary
approach shall be widely applied by States according to
their capabilities. Where there are threats of serious or
irreversible damage, lack of full scientific certainty shall be
not used as a reason for postponing cost-effective measures
to prevent environmental degradation
51. According to D. Vanderzwaag, about 14 different
definitions of the precautionary principle exist in Int
law
Currently, the precautionary principle is used in more than
90 international declarations and agreements
UN Framework Convention on Climate Change (1992),
Third North Sea Conference (1990)
Ozone Layer Protocol (1987).
UN Environment Program (1989),
EU environment policy (1994)
US President’s Council on Sustainable Development (1996)
Stockholm decllration
Elaboration of Precautionary
Principles in Documents
52. Carol Raffensberger and Joel Tickner suggest:
In its simplest formulation, the precautionary principle has
a dual trigger: If there is a potential for harm from an
activity and if there is uncertainty about the magnitude of
impacts or causality, then anticipatory action should be
taken to avoid harm.
The dual trigger characterization suggests that the
precautionary principle has
three important components:
• Threat of harm
• Uncertainty of impact and causality
• Precautionary response
Issues Involved in Application of
Precautionary Principle
53. what level of scientific evidence is required to trigger
application of the precautionary principle? Under the Rio
Declaration’s formulation, the threshold for triggering the
principle appears to be the existence of identifiable threats of
serious or irreversible damage
What counts as a threat of harm? Is any potential harm, no
matter how small, sufficient to trigger the precautionary
principle?
• How does uncertainty figure into this? Is any level of
uncertainty sufficient to trigger the principle, or only a high
level? Is there any level of uncertainty which would be so great
that the principle would be unreasonable?
• What counts as a precautionary measure? Crossing one’s
fingers? Warning people of the threat? Taking measures to
reduce impact of the effects?
Problems Elaborated
54. Ultraconservative Precautionary Principle
(UCPP): Ban any activity that one has any reason
whatsoever to suspect might pose any harm
whatsoever.
Ultraminimal Precautionary Principle (UMPP):
We accept the need to act in a precautionary manner
in exactly one case: we should cross our fingers (or just
worry) in the situation where there is a probability of
99.9% that the world is going to end immediately due
to this experiment.
Theoretical Approaches To solving
this problems
55. RIO Principle 15, suggests that policy actions should
be ‘‘cost-effective’’ in preventing environmental damage. Thus,
the principle offers governments wide flexibility in selecting
appropriate policy measures once taking some measures is
deemed appropriate. In most instances, the precautionary
principle has been used to allow or authorize, but not to require,
policy measures. In some instances, proposed activities are
simply delayed until further scientific evidence
Application problem
Convention on Biological Diversity–has a more abstract
definition Article 6, uses such formulas as “in accordance with its
particular conditions and capabilities” and “as far as possible and
as appropriate
These approaches clearly suggests a lack of concensus
Approaches in Int Documents
56. European Union argues that the precautionary
principle is a part of customary international law. The
United States insists that the precautionary principle
has no legal status, but is only an ‘‘approach’’ that
can be used in certain narrow circumstances.
Controversy Over precautionary
Principle between EU and USA
57. Europe invoked the precautionary principle as a
justification for its decision to regulate genetically
modified organisms (GMOs) in food, even in the
admitted absence of scientific evidence that GMOs are
harmful to human health or the environment. The
United States argued that the EU’s actions were not
scientifically based as required under the WTO rules.
The EU, in turn, argued that environmental policy
should be ‘‘based on the precautionary principle.’’
Case on GMO and Precautionary
Principe
58. In EC Measures Concerning Meat and Meat Products (Hormones) (Beef Hormones)
Canada, in the EC Hormones case, took a middle position between the EC and the US.
On the one hand, Canada declared that the “precautionary approach” is “an emerging
principle of law” which may crystallize in the future into one of the “general principles of
law recognized by civilized nations” within the meaning of Article 38(1)(c) of the Statute
of the International Court of Justice.
On the other hand, Canada agreed that the precautionary principle has not yet been
incorporated into the corpus of public international law.
WTO did not need to declare on the precautionary principle’s customary international
law status. It determined that an EC ban on the import of US beef treated with artificial
growth hormones could not be justified by application of the precautionary principle.
The particular risk in question could not be established with sufficient specificity as it
was not clearly scientifically proven: there was not a “rational relationship between the
trade measure and the risk assessment.”
EC Measures Concerning Meat and
Meat Products (Hormones)
59. In MOX Plant (Ireland v United Kingdom), Provisional Measures (MOX
Plant case)
Facts ITLOS considered protection of the Irish Sea from radioactive pollution
from a proposed power plant on the English coast. Ireland claimed that the
activities of the power plant required proper assessment of environmental
effects of the plant’s operations in accordance with the precautionary principle
as espoused by the Rio Declaration.
The ITLOS denied Ireland’s request for provisional measures as it did not agree
there was any urgency in the matter and implicitly rejected Ireland’s
claim that the precautionary principle was applicable to the dispute.
The case suggests that the precautionary principle, even though a legal
principle, is not incorporated into Part XII of the LOSC as it had not yet
crystallized into customary international law. (Judge Wolfrum )
Precautionary Principle under Law
of Sea Convention
60. There is significant debate as to whether precaution is a principle overarching
all policy and decision-making or whether it is merely an approach to be
utilized in cases of hazardous or ultra-hazardous activities..
In Southern Bluefin Tuna (New Zealand v Japan; Australia v Japan; Australia
and New Zealand v Japan) (Southern Bluefin Tuna cases) Australia and New
Zealand claimed that Japan was in violation of its duty to protect and preserve
an optimal level of exploitation of southern bluefin tuna thus failing to satisfy a
precautionary obligation under the LOSC.
Judge Laing stated that “adopting an approach, rather than a principle imports
a certain degree of flexibility and tends, though not dispositevely, to
underscore reticence about making premature pronouncements about
desirable normative structures”. Judge also associates the term “principle” with
legally binding, customary status.
Precautionary Principle or
Approach
61. This tendency of the ICJ to rely on the precautionary principle as
a rule of customary law remains still. In 2008, the ICJ received an
application from the state of Ecuador.
Facts Ecuador complained about the aerial spraying of coca and
poppy crops with chemical herbicides carried out by Colombia at
locations near, at and across its border with Ecuador. Ecuador
claimed that toxic herbicides have caused damage to human
health, property and the environment, and therefore Colombia
has violated principle of precaution and prevention of Ecuador’s
rights under customary and conventional international law:
Such a reference to the precautionary principle as a rule of
customary law and current developments in international law
could indicate that in this case the ICJ might express its attitude
towards the status of this principle.
ICJ and Precautionary Principle
62. In 2005, the principle was incorporated into the
Preamble of the Constitution of France and is now part
of the “Environmental charter” of the Constitution the
precautionary principle is treated as a constitutional ,
which claims to be on the same level as the principles
of the Declaration of the Rights of Man and the
Citizen.
State practice
63. principle should be, inter alia:
proportional to the chosen level of protection,
non-discriminatory in their application,
consistent with similar measures already taken,
based on an examination of the potential benefits and costs
of action or
lack of action (including, where appropriate and feasible,
an economic cost/benefit analysis),
subject to review, in the light of new scientific data, and
capable of assigning responsibility for producing the
scientific evidence necessary for a more comprehensive risk
assessment.
EU Guideline son Precautionary
Principle in support of
Precautionary
64. So intense is the controversy in the United States, that the
precautionary
principle may be the first and only international environmental
principle to warrant its own advertisement in the New York Times.
Exxon Mobil
Unbalanced Caution, On the face of it, this is a reasonable principle.
Business and government share a common goal to exercise appropriate
caution to ensure that new products and business operations do not
pose unwarranted risks to public health or the environment. Where
risks to public health or the environment exist, cost-effective steps to
manage and reduce these risks should be taken.
Enormous benefits come from scientific research, innovative
technology and new developments. That is why governments must
avoid the utopian pursuit of a risk-free world and, instead, exercise
common sense in applying the precautionary principle. Above all, we
should rely on science-based risk assessment and management,
Arguments against Precautionary
Principle USA
65. PolluterPaysPrinciple:
The Polluter Pays Principle was first conceptualized by the
Organisation for Economic Co-operation and Development
(OECD) nations in their economic policy for environmental
harm in the 1970s.
It was the responsibility of the polluters of environment
to pay for remedial measures and to keep the
environment unharmed.
This was done through internalization of environmental harm
by the imposition of green taxes or, if an environmental harm
occurred, then wrongdoer had to pay damages.
However, this principle failed to gain the status of a legal norm
due to the limited membership of countries in OECD.
Liability can be seen as a mechanism implementing the PPP.
The concept has evolved to embrace liability
Rio Declaration, Principle 16
POP Convention, Preamble
66. 7. Principle of Common But Differentiated
Responsibility
Recognition of the special needs of developing countries
Requires all concerned states to participate in international
response measures according to historical responsibilities
As one practical consequence of their greater responsibilities and
opportunities, developed countries have pledged to assist
developing countries in making the shift toward sustainable
development.
Virtually allmajor environmental treaties in recent years have
included important provisions providing financing, technical
assistance, or technology transfers to developing countries. New
funding mechanisms, such as the Global Environment Facility
and the Montreal Protocol Multilateral Fund, have been
established to assist developing countries
67. THE GENERAL DUTY TO PREVENT
ENVIRONMENTAL HARM
It is a widely accepted principle of international environmental law that
States are required to ensure that activities within their jurisdiction or
control do not damage the environment of other states or the
commons.
Principle 21 of the Stockholm Declaration Principle 2 of the Rio
Declaration) states:
States have, in accordance with the Charter of the United Nations and
the principles of international law, ... 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.
This principle is often associated with the Trail Smelter Arbitration.
68. THE DUTY TO COOPERATE
Much of international environmental law relates to a
general obligation of States to cooperate in
investigating, identifying, and avoiding environmental
harms. Within the obligation to cooperate are more
specific duties relating, for example, to the exchange of
information, the need to notify and consult with
potentially affected States, and the requirement to
coordinate international scientific research.
Virtually every international environmental treaty has
general provisionsrequiring cooperation in generating
and exchanging relevant information.
69. PRIOR INFORMED CONSENT
When one State wants to act in the territory of another
State, simple notification and consultation has not
been deemed sufficient; most treaties now require the
acting State to obtain the other State's prior informed
consent.
Basel Convention
Cartagena Protocol
70. NOTIFICATION IN THE CASE OF AN
EMERGENCY
One of the most important aspects of international
cooperation in the environmental sphere is the
obligation to notify affected parties in the case of an
emergency that has trans boundary effects.
Stockcholm and Rio Rio Declaration
States shall immediately notify other States of any
natural disasters or other emergencies that are likely
to produce sudden harmful effects on the environment
of those States.
71. PRINCIPLE OF EMERGENCY
ASSISTANCE
Although there is not yet an affirmative obligation to
provide emergency assistance the importance of
mutual assistance in emergencies has been frequently
reiterated in international legal instruments.
72. ENVIRONMENTAL IMPACT
ASSESSMENT
Many international instruments, international institutions
and over sixty countries now require some form of
environmental impact assessment(EIA).
EIA is a process for examining, analyzing and assessing
proposed activities in order to maximize the potential for
environmentally sound and sustainable development.
The EIA process is designed to ensure that (i) the
appropriate government authorities have fully identified
and considered the environmental effects of proposed
activities, as well as alternatives that avoid or mitigate the
environmental effects,
73. TRANSPARENCY, PUBLIC PARTICIPATION AND
ACCESS TO INFORMATION AND REMEDIES
Transparency and access to information important to public participation
Right to know what decisions are being contemplated, the factual basis
proposed and accomplished governmental action, etc.
Right to appropriate, comprehensible and timely information
Public participation is essential to good governance – responsive, transparent
and accountability
Empowerment: access to effective judicial and administrative proceedings
Rio Declaration, Principle 10
UNFCC, Article 4
UNCCD, Article 3
CBD , Articles 13, 14
74. Conclusion
The growing understanding of the planet's ecological
constraints has led to the rapid development of
international environmental law.
International law of sustainable development and
environmental protection has emerged as a major area
of international law and policymaking.
Recognizing and understanding the international
environmental principles discussed here is a first step
in effectively reconciling the goals, policies and
principles of environmental protection and economic
growth..