Environmental Engineering Reference
In-Depth Information
their legal status, it is more relevant to establish the basis or justifi cation the
principle provides for the administration of a particular environmental
problem. Nonetheless, when one particular principle is repeatedly adopted
in multiple agreements, it becomes clear that its legal status has changed and
it is beginning to emerge as a legally binding principle. If a principle of
international environmental law evolves into a principle in international
law, it can be the decisive principle in a legal dispute. This is why states -
the most powerful ones especially - are careful when reacting to the devel-
opment of principles in negotiation processes. A good example of this can
be seen in the conduct of the United States at the Rio 1992 environment
conference.
The USA made a number of interpretative statements to the Rio Declara-
tion, for example in respect of Principle 15, which declared the precautionary
approach to be a principle of international environmental governance. The USA
declared that it was against the precautionary principle developing into a prin-
ciple of international law - a position it was justifi ed in taking in line with the
persistent objector doctrine.
By the same token, the USA and certain other industrial nations acted
to delete Article 3, which defi ned the principles in the UN Framework
Convention on Climate Change. They were concerned that these prin-
ciples could gain individual application: that they could be applied in dispute
settlement or could create obligations for the parties over and above those
defi ned by the objective (Article 2) and the specifi c climate convention
rules.
Although they were unsuccessful in removing or amending Article 3, they
did manage to add a defi nition to the introduction to Article 3: the principles
could only guide actions 'to achieve the objective of the Convention and to
implement its provisions'. They thereby succeeded in limiting the indepen-
dent effect of the principles Article 3 enunciates in the interpretation of the
climate convention.
Principles of fairness
The most generalized principles of international law seldom have a direct
effect on the negotiations of international environmental agreements, not
to mention disputes that go into litigation. One such principle is 'sustain-
able development', which the 1987 Brundtland Report ( Our Common
Future ) defi nes as 'development that meets the needs of the present with-
out compromising the ability of future generations to meet their own
needs'. Such a general principle of fairness between present and future
generations seldom fi nds concrete implementation. There are, however,
exceptions:
 
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