User:Kaihsu/EnvA6

International environmental law.

Module A: General aspects of international environmental law I.

Chapter 6: Sustainable development.

Concept
This is a policy ideal – at most a (meta-)principle if normative at all. But there are sub-norms developed from it (see below).

Declarations
1987 Brundtland Report: ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’ &rarr; Rio 3 & 4 (integration), 7 (common but differentiated responsibilities), 27: ‘States and people should 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’.

Caselaw
Confirmed in Gabčíkovo–Nagymaros para 140 (‘this need to reconcile economic development with protection of the environment is aptly expressed in the concept of sustainable development’ ... ‘look afresh’) and Pulp Mills ICJ provisional measures order at para 80. Cf. Ogoniland case 155/96 (2002) African Commission on Human and Peoples’ Rights, Shrimp–Turtle WTO.

2005 Iron Rhine (‘IJzeren Rijn’) arbitration (BE/NL): ‘Since the Stockholm Conference on the Environment in 1972 there has been a marked development of international law relating to the protection of the environment. Today, both international and EC law require the integration of appropriate environmental measures in the design and implementation of economic development activities. Principle 4 of the Rio Declaration on Environment and Development, adopted in 1992... which reflects this trend, provides that “environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it”.’ (para 59)

Substantive aspects
Rio 3 to 8.

Sustainable utilisation
1992 conventions on climate change and biodiversity (arts. 2, 10 of the latter), 1995 UN Agreement on ... Straddling Fish Stocks ..., 1997 Convention on ... Non-Navigational Uses of International Watercourses, 2006 International Tropical Timber Agreement.

Integration of environmental protection and economic development
Stockholm 13, Rio 4: e.g. 1994 Desertification Convention. Iron Rhine regards this as a principle of international law.

The right to development
Rio 3. 1966 International Covenant on Economic, Social and Cultural Rights.

Intergenerational equity
Stockholm 1, Rio 3 &rarr; justice, trust?


 * 1972 Convention on the Protection of the World Cultural and Natural Heritage (Article 4)
 * 1992 Convention on the Protection and Use of Transboundary Watercourses and Lakes Article 2(5)
 * 1979 Convention on the Conservation of European Wildlife and Natural Habitats (Preamble)
 * 1992 Biological Diversity Convention (Preamble)
 * 1992 United Nations Framework Convention on Climate Change (Article 3(1)).

Pacific Fur Seal Arbitration, 1996 Advisory Opinion ... Use or Threat ... Nuclear Weapons ICJ: ‘The environment is not an abstraction but represents the living space, the quality of life and the very health of human beings, including generations unborn’ (obiter para 29). Minors–Oposa case Supreme Court of the Philippines. See also pleadings in Nauru ICJ, Marshall Islands Nuclear Claims Tribunal, Judge Weeramantry’s opinions in various ICJ cases.

Intragenerational equity
Rio 5, 7: 1992 climate change convention, Article 15(7) of the 1992 Biological Diversity Convention.

Common but differentiated responsibility
Stockholm 23, Rio 7 – also 6, 8, 11. &rarr; solidarity, conditionality. Rio 7: ‘States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the earth’s ecosystem. In view of the different contributions to global environmental degradation, states have common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit of sustainable development in view of the pressure their societies place on the global environment and of the technologies and financial resources they command.’ &rarr; USA interpretive statement.

Also common concern, common heritage; see e.g. various conventions &rarr; 1992 United Nations Framework Convention on Climate Change: ‘the special situation of developing countries, particularly the least developed and those environmentally vulnerable, shall be given special priority’ (Preamble), Articles 3(2), 4(7), 12; 1987 Protocol on Substances that Deplete the Ozone Layer, Article 5(1). &rarr; Montreal and Kyoto protocols &rarr; exemptions, extended compliance period, financial and technical support.

ITLOS in the Area paras 153–161.

Procedural elements
Rio 10: ‘Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.’

+ Rio 17 (environmental impact assessment)

&rarr; 1998 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus, in force since 2001).