CITIZEN’S HANDBOOK ON ENVIRONMENTAL JUSTICE
3
IDENTIFYING VIOLATIONS –
KNOWING YOUR ENVIRONMENTAL LAWS
A. Basic Rights in Relation to Environmental Justice1
1. Sovereignty Over Natural Resources and the Obligation Not to Cause Harm
State sovereignty over natural resources, as embodied in our own Constitution, gives the State the right
to the utilization and benefits over the resources within its territory. However, since the 1970s, state
sovereignty over natural resources has been read with the obligation not to cause harm.2 Principle 21 of
the 1972 Stockholm Declaration, which is the cornerstone of International Environmental Law,3 reflects
these principles:
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 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.
The sovereign right over natural resources includes the right of the states to be free from external
interference.4 The exercise of state sovereignty, however, has its limits. Principle 21 provides that the
state has the responsibility not to cause harm beyond the limits of its national jurisdiction.5 The NoHarm Principle recognizes that a state’s activities may be transboundary in nature which can affect or
harm the environment of another State. This is meant to be balanced with the sovereign principle of
states and requires them to take responsibility for their actions which cause harm outside their own
territory.
2. Principle of Prevention
The Principle of Prevention aims to stop environmental damage even before it occurs or when it is
critical and potential damage may already be irreversible.6 This principle should be differentiated from
the Obligation Not to Cause Harm. The Obligation Not to Cause Harm deals with the effects of a state’s
1
This section is generally taken from Access to Environmental Justice: A Sourcebook on Environmental
Rights and Legal Remedies (2011) [hereinafter Sourcebook].
2
PHILIPPE SANDS, P RINCIPLES
3
Id.
4
Id. at 237-238.
5
Id. at 235-236.
6
RULES OF PROCEDURE FOR E NVIRONMENTAL CASES, ratio., at 44 (citing Nicholas De Sadeleer, Environmental Principles:
from Political Slogans to Legal Rules 21, at 61 [2002]).
OF INTERNATIONAL
E NVIRONMENTAL LAW 236 (2nd ed., 2003).