WhatConvention.org
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861 multilateral conventions on Environmental Law, Human Rights, Humanitarian Law and Law of the Sea
Environmental Law
International Environmental Law is a recent development in International Law which takes its roots in the early 1970s. Indeed, the notion of natural resources’ preservation made its appearance during the United Nations Conference on the Human Environment of Stockholm of 1972 in which ecological issue was raised at international level. According to the Stockholm Declaration, 'the natural resources of the earth, including the air, water, land, flora and fauna and especially representative samples of natural ecosystems, must be safeguarded for the benefit of present and future generations through careful planning or management, as appropriate.' (Principle 2 of Stockholm Declaration). The International Legal Search Engine 'WhatConvention.org' completes the definition of Environmental Law with the notion of the Law of the Sea, as well as human and animal health. The Law of the Sea should be define as: 'a comprehensive legal framework to regulate all ocean space, its uses and resources'.
The following important development is the Earth Summit which took place in Rio de Janeiro in 1992. At this occasion, States reiterated theirs commitments for environmental protection as well as the necessity to promote sustainable development. According to the Rio Declaration, Environmental Law and sustainable development are two rights specific to human beings: 'Human beings are at the centre of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature' (Principle 1 of Rio Declaration). Therefore, some doctrines consider that Environmental Law is an integral part of Human Rights.
The implementation of Environmental Law
States have the duty to take measures for the implementation of Environmental Law and are bound to make ecological damages to neighbouring states. Indeed, the Stockholm Declaration recommends several instruments which enable to safeguard the implementation of Environmental Law such as scientific cooperation, informations exchange and the respect of the principle of 'good neighbourhood'.
In addition, the Customary Law establishes some fundamental principles specific to Environmental Law:
- The precautionary principle involves that the absence of scientific consensus cannot stop the adoption of regulations preventing environmental damages.
- The polluter pays principle introduces that 'the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment.'(principle 16 of Rio Declaration). In order to do so, States have three main implementation instruments: norms, taxes and sanctions. The purpose of these mechanisms is to dissuade the polluter to pollute more in order to reduce his cost.
- The prevention principle is the core instrument of Environmental Law. Indeed, Environmental Law aims most and foremost to prevent the deterioration of the ecosystem on Earth. 'The precautionary principle invites pollution prevention measures even if the risk or the scope of the damage is uncertain.' This principle is particularly important because the damages caused to the nature are very often irreversible.
- The principle of correction of environmental harm at source differs from the prevention principle because its purpose is based on 'the principle that environmental damage should as a matter of priority rectified at source'.
- The integration principle 'requires that due consideration be given to the potential consequences of environmentally fateful decisions'. Governments should take ecological issues into account in their decisions-making processes. This transversal approach of Environmental Law was recognised by the Rio Declaration.
- The principle of access to information and public participation ensures that ordinary people have access to information concerning environment and the use of harmful substances. The Aarhus Convention of 1998 grants this right regarding access to information, public participation and access to justice. Indeed, the purposes of Aarhus Convention is treefold: first, 'ensuring public access to environmental information held by the public authorities'. Secondly, 'fostering public participation in decision-making which affects the environment'. Finally, 'extending the conditions of access to justice in environmental matters'.