Chapter Seven: Principles and Concepts in International Environmental Law


I. Introduction

Weblinks: International Environmental Law - providing links to treaties, cases and other information on international environmental law
    A. The Functions of Principles and Concepts in International Environmental Law
International Environment Bibliography - provided by Mark Zacher of the University of British Columbia
    B. Codification and Sources of International EnvironmentalPrinciples
IUCN Draft International Covenant on Environment and Development - offers a proposal for a universally binding treaty to cover environment and development issues
II. Principles Shaping Global Environmental and Development Policy
    A. State Sovereignty
Part 5: Exclusive Economic Zone - provides text to Articles 55-75 of the United Nations Convention of the Law of the Sea providing for sovereign rights
    B. Right to Development
Declaration on the Right to Development - stating that the human right to development includes the full realization of the right of peoples to self-determination and all human beings have a responsibility for development

World Bank Environmental Economics and Indicators - lists resources and initiatives on various environmental topics and provides links to the World Development Indicators 2000 and to other sites containing relevant data

    C. Common Heritage of Humankind
The Moon Treaty - stating that the exploration and use of the moon shall be the province of all mankind and shall be carried out for the benefit and in the interests of all countries
    D. Principle of Common Concern of Humankind
Preamble to the Convention on Biological Diversity - affirming that the conservation of biological diversity is a common concern of humankind
    E. Obligation Not to Cause Environmental Harm
Corfu Channel Case (Merits) - providing a summary of the merits of the case between the United Kingdom and Albania, addressing the issue of the general obligation not to cause harm
    F. State Responsibility
International Law Commission: State Responsibility - describing the studies undertaken to establish requirements for State liability
    G. Principle of Intergenerational Equity
Protecting Biodiversity for Future Generations: An Argument for a Constitutional Amendment - asserting that a valuable guiding principle upon which a constitutional amendment to protect biological diversity for future generations could be based is intergenerational equity
    H. Common But Differentiated Responsibilities
Climate Change Convention: Article 3 - asking developed countries to take the lead in combating climate change and its effects, while giving full consideration to the needs and special circumstances of disproportionately burdened developing countries
    I. The Precautionary Principle
Precautionary Principle Links - providing links to information on the various uses of the precautionary principle
    J. The Principle of Prevention
Bamako Convention - provides for the general obligations of the Convention to include the adoption of precautionary measures
    K. Duty to Assess Environmental Impacts
Australian Environmental Impact Assessment Network - contains information on environmental impact assessment (EIA) and its processes within Australia
    L. The Principle of Subsidiarity
E.U. Environmental Policy: Adapting to the Principle of Subsidiarity - a brief summary of the origins of the subsidiarity principle in the E.U. and its implications in the context of the three main challenges facing E.U. environmental policy in the new millenium
    M. Good Neighborliness and the Duty to Cooperate
Charter of the United Nations: Article 1 - includes Article 1.3, which requires States to cooperate in addressing international issues

Moon Treaty: Article 2 - establishes that all activities on the moon shall be carried out in accordance particularly with the Declaration on Principles of Intenational Law concerning Friendly Relations and Co-operation Among States

    N. Duties to Provide Prior Notification and toConsult in Good Faith
Toward an Environmental Protection Regime for the Gulf of Aqaba - proposing the Mediterranean Action Plan as a potential model for a Gulf of Aqaba Environmental Protection Regime, which has established mechanisms to resolve environmental disputes but to date, these mechanisms have not proven necessary as disputes have usually been preempted through prior notification projects or negotiated on amicable terms
    O. Duty Not to Discriminate Regarding Environmental Harms
Convention on the Transboundary Effects of Industrial Accidents - includes the preamble, underlining the principles of international law and custom, in particular the principle of non-discrimination

International Environmental Law in German Courts - raises the question of how far the influence of the non-discrimination principle goes whereby discrimination of Germany's own nationals is forbidden in a comparable situation

    P. Equal Right of Access to Justice
The Nordic Environmental Protection Convention - introducing in Article 3 a regime for citizens in the Nordic countries to assert their rights against transfrontier environmental nuisances
    Q. The Polluter and User Pays Principle
European Union Council Directive 96/61/EC Concerning Integrated Pollution Prevention and Control - acts in compliance with the polluter pays principle andthe principle of pollution prevention

European Parliament and European Union Council Directive 94/62/EC On Packaging and Packaging Waste - states that it essential that all those involved in the production, use, import and distribution of packaging and packaged products become more aware of the extent to which packaging becomes waste and that in accordance with the polluter-pays principle, they accept responsibility for such waste