Public International Law Lecture 6
Sustainable development = development that needs the need of the
present without compromising the ability of future generations to meet
their own needs.
Recognized since 1987 by states and international courts as a
fundamental concept, a fundamental approach, a fundamental principle
towards economic development.
Protection of the environment
Mankind has not show a lot of interest in the protection of the
environment. Environment is mostly used for economic reasons, or for fun.
There was little interest in ecosystems. This changed in the end of the 19th
century. The establishment of NGO’s evidences this change. NGO’s that
aimed to protect the environment (that is still left). In the NL: monuments
of nature established in 1905. To save the lake of Naarden for being
turned in into a waste dump.
UN played a important role. 1972 Stockholm: UN Conference on the
human environment. Establish general principles and rules and possible
treaties which would aim to protect the environment. Remind states of
their responsibilities towards the environment.
This conference in 1972 was followed every 10 years by another
conference: 1982, 1992, 2002 and 2012.
- Conference in Rio, 1992 highly successful. Adoption the Rio-
declaration. 27 principles. Many of which are believed to refect
customary international law. It is not formally binding; it is not a
treaty or a decision of the UNSC. It is a declaration adopted by
states. All states of the world were present in Rio. It also confrms
the relationship between economic development en environmental
protections.
The obligation to prevent harm: Principle 2. 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.
Pulp Mills dispute
Argentina and Uruguay are bordering States in Latin America. The border
between both states is the river of Uruguay. The reason for this dispute is
that U allowed a construction of 2 pulp mills on the boarder of the river of
Uruguay. Argentina was displeased about this decision. According to A this
would lead to environmental damage. U would commit a wrongful act and
was therefore responsible under PIL towards A. The legal basis was a
treaty, concluded in 1975 between the 2 states. A treaty to manage the
river, to manage all issues related to the river and to protect the river. It
also contained a compromissory clause: a dispute resolution clause. U and
A agreed that if they have any dispute they would submit this dispute to
, the ICJ. Both states have consented in advance to the ICJ. The jurisdiction
of the Court is limited by the interpretation of the statute.
The statute also provides that both states have to prevent pollution to the
river.
The ICJ relied on custom, to interpretate the scope of this provision.
According to the ICJ is that states must show due diligence, in order to
comply with this obligation. It is a obligation of ‘inspanning’. This
obligation to show due diligence also means a new interpretation by the
court that states must investigate in advance before they authorize any
construction works that may entail a risk for the environment, to
investigate the possible consequences of the environment.
Investigating the environmental consequences: environmental impact
assessment. (EIA).
Not only before the project but also during the project.
Requirement EIA was already codifed in principle 17 Rio declaration.
According to a number of tribunals states must still refrain from
authorizing projects to prevent harm, even it is not complete certain that a
conduct will lead to environmental harm. States should not authorize
projects even there is no evidence that the project will result in
environmental harm. It is better to be safe than sorry.
Precautionary principle. Principle 15.
ILC
In 2001 the ILC adopted the articles on the prevention of trans boundary
harm (p.332).
ILC is an authorative body established by UNGA. Task is codifcation and
progressive development of PIL. 35 experts from all over the world. Very
infuential in the drafting of treaties.
ILC prevention transboundary harm is no treaty, so it’s not formally
binding. They refect custom. The scope of these articles is given in art. 1:
prevention of harm beyond national jurisdiction.
Climate Change
Treaties on climate change. General Agenda in 1992 Rio Conference.
Economic development
Principle 2 Rio Declaration: the right to exploit their own recourses.
Sustainable development = development that needs the need of the
present without compromising the ability of future generations to meet
their own needs.
Recognized since 1987 by states and international courts as a
fundamental concept, a fundamental approach, a fundamental principle
towards economic development.
Protection of the environment
Mankind has not show a lot of interest in the protection of the
environment. Environment is mostly used for economic reasons, or for fun.
There was little interest in ecosystems. This changed in the end of the 19th
century. The establishment of NGO’s evidences this change. NGO’s that
aimed to protect the environment (that is still left). In the NL: monuments
of nature established in 1905. To save the lake of Naarden for being
turned in into a waste dump.
UN played a important role. 1972 Stockholm: UN Conference on the
human environment. Establish general principles and rules and possible
treaties which would aim to protect the environment. Remind states of
their responsibilities towards the environment.
This conference in 1972 was followed every 10 years by another
conference: 1982, 1992, 2002 and 2012.
- Conference in Rio, 1992 highly successful. Adoption the Rio-
declaration. 27 principles. Many of which are believed to refect
customary international law. It is not formally binding; it is not a
treaty or a decision of the UNSC. It is a declaration adopted by
states. All states of the world were present in Rio. It also confrms
the relationship between economic development en environmental
protections.
The obligation to prevent harm: Principle 2. 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.
Pulp Mills dispute
Argentina and Uruguay are bordering States in Latin America. The border
between both states is the river of Uruguay. The reason for this dispute is
that U allowed a construction of 2 pulp mills on the boarder of the river of
Uruguay. Argentina was displeased about this decision. According to A this
would lead to environmental damage. U would commit a wrongful act and
was therefore responsible under PIL towards A. The legal basis was a
treaty, concluded in 1975 between the 2 states. A treaty to manage the
river, to manage all issues related to the river and to protect the river. It
also contained a compromissory clause: a dispute resolution clause. U and
A agreed that if they have any dispute they would submit this dispute to
, the ICJ. Both states have consented in advance to the ICJ. The jurisdiction
of the Court is limited by the interpretation of the statute.
The statute also provides that both states have to prevent pollution to the
river.
The ICJ relied on custom, to interpretate the scope of this provision.
According to the ICJ is that states must show due diligence, in order to
comply with this obligation. It is a obligation of ‘inspanning’. This
obligation to show due diligence also means a new interpretation by the
court that states must investigate in advance before they authorize any
construction works that may entail a risk for the environment, to
investigate the possible consequences of the environment.
Investigating the environmental consequences: environmental impact
assessment. (EIA).
Not only before the project but also during the project.
Requirement EIA was already codifed in principle 17 Rio declaration.
According to a number of tribunals states must still refrain from
authorizing projects to prevent harm, even it is not complete certain that a
conduct will lead to environmental harm. States should not authorize
projects even there is no evidence that the project will result in
environmental harm. It is better to be safe than sorry.
Precautionary principle. Principle 15.
ILC
In 2001 the ILC adopted the articles on the prevention of trans boundary
harm (p.332).
ILC is an authorative body established by UNGA. Task is codifcation and
progressive development of PIL. 35 experts from all over the world. Very
infuential in the drafting of treaties.
ILC prevention transboundary harm is no treaty, so it’s not formally
binding. They refect custom. The scope of these articles is given in art. 1:
prevention of harm beyond national jurisdiction.
Climate Change
Treaties on climate change. General Agenda in 1992 Rio Conference.
Economic development
Principle 2 Rio Declaration: the right to exploit their own recourses.
