The history of international environmental law - Introduction to International Environmental Law - page 39

immediate fi nancial benefi ts, should be considered within the context of our
dependence on nature's ecosystems and the services they provide. The Rio
1992 Declaration Principle 4 states that sustainable development cannot be
achieved if environmental protection is considered in isolation from the
general development process. This is evident in an increase in environmental
impact assessments: projects and plans detrimental to the environment and
even political programmes and legislation in the making are increasingly
subject to the demands of the environmental impact assessment (EIA) and the
strategic environmental assessment (SEA).
On the other hand, an international environmental lawyer must understand
that the solution that seems best from an environmental perspective is not
necessarily the best one - if, for example, a local population is to be deported
from an area designated as protected, violating their basic human rights. It is
too early to say that all the branches of international law (human rights norms,
international environmental law and free trade law) are merging to a single
common sustainable development law, but this is one possible trend.
To summarize, we can argue that the evolution of international environmental
law has seen both successes and failures. International environmental law has
certainly progressed at least in the way it reacts to international environmental
problems; it has contributed to a reduction in the harm caused by international
environmental problems. A vast number of international environmental agree-
ments are now being practically implemented. International environmental
law has given rise to signifi cant and meaningful research, but this cannot solve
environmental problems alone. Despite all our best intentions, the condition
of the environment has actually deteriorated over the same period wherein
international environmental law has evolved.
Milestones in the development of international
environmental law
1909 The International Boundary Waters Treaty is signed between USA
and Canada; it includes environmental protection.
1941 The Trail Smelter tribunal of arbitration announces that states are not
permitted to pollute each other's territories.
1948 The International Union for Conservation of Nature (IUCN) is
established (membership includes states, governments, and civic
organizations).
1954 The fi rst extensive, multilateral international environmental treaty
is concluded (International Convention for the Prevention of
Pollution of the Sea by Oil).
1962 Rachel Carson's book Silent Spring is published; it raises extensive
discussion on the use of pesticides and on environmental protection
generally.
1972 The UN Conference on the Human Environment takes place in
Stockholm.