For use with FUNDAMENTAL PERSPECTIVES on INTERNATIONAL

For use with FUNDAMENTAL PERSPECTIVES on INTERNATIONAL LAW
© electronic portion W.R. Slomanson All rights reserved
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Table 11.1: MAJOR INTERNATIONAL ENVIRONMENTAL INSTRUMENTS
Stockholm Declaration of UN Conference on Human Environment:
First global statement of environmental principles (11 INT’L LEGAL
MAT’LS [ILM] 1416)
UN Gen. Ass. Reso. 2997 on Institutional and Financial
Arrangement for International Environment Cooperation:
established UN’s environmental fund and Governing Council for
policy guidance (13 ILM 234)
UN Gen. Ass. Reso. 3129 on Cooperation in the Field of the
Environment Concerning Natural Resources Shared by Two or
More States: governing Council reports on measures taken (17 ILM
1097)
Convention for the Prevention of Marine Pollution from LandBased Sources: ecological protection (13 ILM 352)
Environmental Modification Convention: prohibits military and
other hostile uses of the environment (16 ILM 88).
Protocol Relating to International Convention for the Prevention of
Pollution from Ships: ecological protection (17 ILM 546)
Gen. Ass. Reso. 35/48 on Historical Responsibility of States for
Preservation of Nature for Present and Future Generations (UN
Doc. A/35/48, GAOR, 35th Session, Supp. No. 48)
World Charter for Nature: nature’s essential processes not to be
impaired; genetic viability not compromised; all areas of earth
subject to conservation; ecosystems managed for optimum
sustainable productivity; no degradation by warfare or other hostile
activities (22 ILM 455)
Vienna Convention for the Protection of the Ozone Layer: protects
layer of atmospheric zone above planetary layer (26 ILM 1529)
• Montreal Protocol on Substances that Deplete the Ozone
Layer: specific obligations to limit and reduce use of
chlorofluorocarbons and possibly other chemicals depleting the
ozone (26 ILM 516 (1987)
• Helsinki Declaration on the Protection of the Ozone Layer:
agrees to phase out CFC's not later than the year 2000; to phase out
other ozone-depleting substances; to develop acceptable substitute
technologies; to transfer technology and replacement equipment to
developing countries at minimum cost (28 ILM 1335)
International Atomic Energy Agency Convention on Early
Notification of a Nuclear Accident: designed to minimize
consequences and protect life, property, and environment (25 ILM
1369)
Experts Group on Environmental Law of World Commission on
Environment and Development: Legal principles for maintaining
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2005
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“sustainable development” of developing countries (UN Doc.
WCED/86/23/Add. 1)
Protocol to the 1979 Convention on Long-Range Transboundary
Air Pollution Concerning the Control of Emissions of Nitrogen
Oxides or Their Transboundary Fluxes: States to control or reduce
emissions to 1987 levels (28 ILM 212; 1979 treaty in 18 ILM 1442)
Hague Declaration on the Environment: Cooperation in controlling
ozone-layer deterioration caused by emissions from industrialized
States adversely affecting the right to live (28 ILM 1308)
Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and Their Disposal (28 ILM 649)
Protocol on Environmental Protection to the Antarctic Treaty:
updates 1959 treaty prohibiting nuclear testing and hazardous-waste
disposal (19 ILM 860) to enhance protection of all ecosystems,
prevent jeopardy of endangered species, and prohibit mineral
resource activities except scientific (30 ILM 1461)
Rio Declaration on Environment and Development: Second major
conference of States; establishes current program for global
partnership discouraging environmental degradation while
encouraging sustainable development (31 ILM 874)
Agenda 21: most extensive statement of priorities including review
and assessment of International Law, development of
implementation and compliance measures, effective participation
by all States in lawmaking process, study of range and effectiveness
of dispute resolution procedures (800-page Action Plan)
Framework Convention on Climate Change: measures to combat
greenhouse effect of emissions of carbon dioxide and similar gases
and to finance controls (31 ILM 849)
• Kyoto Protocol to strengthen Climate Change Convention by
promise to reduce greenhouse emissions to 1990 levels between
2008 and 2012 (37 ILM 22
• Asia Pacific Partnership for Clean Development and Climate
(Australia, China, India, Japan, South Korea, and US): Supposed
complement to Kyoto Protocol, that will develop cleaner energy
technologies to combat global warming—but members may to set
their goals for reducing emissions individually, with no mandatory
enforcement mechanism
Statement of Principles for Global Consensus on the Management,
Conservation and Sustainable Development for All Types of
Forests: principles encourage sustainable development,
reforestation, and reduction of pollutants, especially acid rain (31
ILM 881)
Convention on the Protection and Use of Transboundary
Watercourses and International Lakes (31 ILM 1312)
• Protocol on Water and Health: requires parties to provide access
to drinking water and sanitation; establish targets for standards and
1999
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a See
levels of performance (achieved/maintained) for increased
protection against water-related diseases (38 ILM 1708)
UN Gen. Ass. Reso. on Institutional Arrangement to Follow Up the
[1992] UN Conference on Environment and Development: UN
General Assembly follow-up resolution welcoming adoption of
Agenda 21, stressing integration of environmental protection and
sustainable development (32 ILM 238)
UN Convention to Combat Decertification (33 I.L.M. 1328 (1994)
UN Convention on International Watercourses: framework for
development, conservation, management, and protection (36 ILM
700)
IAEA Joint Convention on Safety of Spent Fuel Management and
on the Safety of Radioactive Waste Management: obligation to
establish a legislative and regulatory framework to govern spent
fuel from both civilian reactors and military or defense programs
(36 ILM 1431)
Convention on Prior Informed Consent Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade:
requires consent for importation of hazardous materials (38 ILM 1)
Convention on Access to Information, Public Participation in
Decision-making and Access to Justice in Environmental Matters
(38 ILM 517)
Stockholm Convention On Persistent Organic Pollutants:
encourages parties not having regulatory and assessment schemes
for pesticides and industrial chemicals to develop such programs
(40 ILM 532)
Annex VI to the Protocol on Environmental Protection to the
Antarctic Treaty, Liability Arising from Environmental
Emergencies
(http://www.ats.org.ar/Atcm/atcm28/att/atcm28_att102_rev1_e.doc)
Kyoto Protocol with mandatory emissions cutbacks enters into
force for participating nations
Curitiba Declaration on Cities and Biodiversity is promulgated by
mayors of numerous large cities of the world at conference in
Curitiba, Brazil on conservation of biological diversity, sustainable
use of its components, and the fair and equitable sharing of the
benefits arising from the use of genetic resources, available at:
<http://www.cbd.int/doc/meetings/biodiv/mayors-01/mayors-01declaration-en.pdf>
Argo Profiling Float Deployment on the High Seas project—3255
(as of March 23, 2010) active free-floating ocean monitoring
devices / regulated by the Executive Council of the
Intergovernmental Oceanographic Commission of UNESCOa
Aurora Mateos and Montserrat Gorina-Ysern, Climate Change and Guidelines for Argo Profiling Float
Deployment on the High Seas, ASIL Inisght, at: <http://www.asil.org/files/insight100407pdf.pdf>