Provides a brief overview of some of the
Main
Principles:
(i.e.
fundamental
doctrines on which others are based, or
rules of conduct); and
 Concepts (i.e. central unifying ideas or
themes)
Underpinning MEA´s

Embodied in the Rio Conventions
 CBD: Conservation of Biodiversity and the Sustainable Use of its
Components

UNFCC: Climate Change should be coordinated with social and
economic development in an integrated manner

UNCCD: Promotes a new approach within the framework of sustainable
development

Sustainable development: Requires complementary
o
o
o

Development of trade law and environmental law;
Environmental law and human rights law; and
Development of liability and compensation regimes to meet the requirements of
environmental law.
Rio Principles 4, 25: Protection of the environment an integral part of
achieving peace and development

Fundamental
development
underpinning
of
sustainable
“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
Common Concern:
Reflects humanity´s increasing awareness of inter-dependence and
the global nature of environmental problems
Basic Assumptions:
States should not cause harm with regard to issues of common
concern
 Shared responsibility for addressing those concerns

Contrast this with the concept of State Sovereignty – notion of
permanent sovereignty over natural resources [U.N. Resolution
between 1952 and 1973]

Sovereignty right of states to exploit resources exists
alongside the responsibility to ensure that activities
within their jurisdiction or control do not cause
damage to the environment of other states or
areas beyond the limits of national jurisdiction

Principle 21 of Stockholm Declaration,
Rio Declaration, Principle 2
CBD, Article 3



Recognizes the need for shared obligations to address
common concerns

In accordance with one´s capacity and capabilities

States assume differentiated responsibility in addressing
environmental issue - and extension of the principle of
sovereignty
 UNFCC, Articles 3, 4, 12
 CBD, Article 20 (4)
 Rio Declaration, Principle 7
 UNCCD, Articles 5 and 6
Places Emphasis

The unique relationship between indigenous peoples and some local communities with natural
resources
Rio Principle 22: Highlights the vital role of indigenous people et al in environmental
management
 CBD: Preambular paragraph 12, Article 8 (j)

Contracting Parties shall
“subject to its national legislation, respect, preserve and maintain knowledge, innovation and
practices of indigenous communities embodying traditional lifestyles… and promote their
wider application with the approval and involvement of the holder of such knowledge,
innovations and practices and encourage the equitable sharing of benefits arising from
the utilization of such knowledge and practices”
Right of Prior Informed Consent (PIC) Free, Prior and Informed Consent
(FPIC)
 Indigenous and Tribal People Convent

Essential to protecting the environment, including human health

Controversial: disagreement of its precise meaning and Its legal status

Rio Declaration, Principle
precautionary approach]
CBD; Preambular paragraph

15
[first
global
codification
of
the
“…where there is a threat of significant reduction or lost of biodiversity, lack
of full scientific uncertainty should not be used as a reason or minimize
such a treat”




UNFCC, Article 3 (3)
Biosafety Protocol , Article 1, 10, 11
Fish Stock Agreement, Articles 5, 6
1995 U.N. Agreement for the Implementation of the Provision for
UNCLOS, Relating to the Conservation and Management of Straddling
Fish Stocks and Highly Migratory Fish Species Article 5.

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
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
governance
–

Environmental costs of economic activities, including the costs of preventing harm,
should be internalize rather than imposing upon society at large

Liability can be seen as a mechanism implementing the PPP. The concept has evolve
to embrace liability


Rio Declaration, Principle 16
POP Convention, Preamble
International Civil Liability [Liability of private individuals for environmental damage]

International Convention on Civil Liability for Oil Pollution Damage, 1969 amended in 1976 and
1992 [Regime to guarantee payment of compensation by ship owners for pollution damage]

Convention for the Establishment of an International Fund for the Compensation of Oil Pollution,
1971
Convention on Liability and Compensation from Damage in Connection with the Carriage of
Hazardous and Noxious Substances by Sea, 1996 I
Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
International Convention on Oil Pollution Preparedness, Response and Cooperation, Preamble
Basel Protocol on Liability and Compensation from Transboundary Movement of Hazardous
Waste and their Disposal, 1999





Overarching aim that gives rise to a
multitude of legal mechanisms [prior
assessment of environmental harm,
licensing instruments, emission limits,
environmental impact assessment etc.]

Prohibitions and/or bans of import and/or export of products (CITES, Article III) waste; or
controlled substances (Montreal Protocol, Article 4).

Control systems which range from export permits(CITES Article IV); quotas (CITES, Conf.
12.8, COP 13); licensing mechanisms (Montreal Protocol, Article 4B); Prior inform consent
procedure (Basel, Article
), to discouraging of export of technology for the
production of ozone depleting substance (ODS) (Montreal Protocol, Article 4).

Notification procedures: These are commonly used and usually involved the establishing
of one or more competent authority with responsibility for regulating the import and
export of the products, waste and or controlled substance in question.

Technical standards and regulations including labelling systems (CITIES Resolution Conf
11.16) registration systems for processing and repackaging (CITIES Resolution Conf. 12.7,
COP 13; measures in accordance with international standards such as Sanitary and
Phytosanitary Measures (MOP XIV,2004, Decision XIV.II).

Economic instruments including the use of economic incentives, subsidies etc. The use of
economic incentives is not commonly used.
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