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Principles of International Environmental Law
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Intra-generational Equity
Intra-generational equity is the principle that aims to ensure fairness within the current generation and addresses disparities across different social groups and communities. Its significance lies in promoting fair access to natural resources and environmental benefits within the present-day population.
Common but Differentiated Responsibilities (CBDR)
Common but differentiated responsibilities is the principle whereby all states hold a common responsibility to protect the environment, while recognizing that they have different capabilities and circumstances. The significance of CBDR lies in its role in international negotiations, where it informs adaptive measures and responsibilities that acknowledge economic and social disparities.
Transboundary Harm
Transboundary harm in international environmental law refers to environmental damage that extends across national borders and affects another country. Its significance lies in necessitating cooperation and communication between states to manage and reduce instances of environmental harm that have international consequences.
Intergenerational Equity
Intergenerational equity is the principle of fairness in the relationship between current and future generations, which requires that the present generation meet its needs without compromising the ability of future generations to meet theirs. Its significance is in promoting sustainable development that does not deplete resources for future generations.
Precautionary Principle
The precautionary principle asserts that if an action or policy has a suspected risk of causing harm to the public or the environment, in the absence of scientific consensus, the burden of proof falls on those advocating for the action. It is significant for guiding policies in situations of scientific uncertainty, to prevent harm before it occurs.
Polluter Pays Principle
The polluter pays principle is the commonly accepted practice that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment. Its significance lies in internalizing the costs of pollution, discouraging waste, and incentivizing pollution prevention.
Sustainable Development
Sustainable development is the organizing principle for meeting human development goals while simultaneously sustaining the ability of natural systems to provide the natural resources and ecosystem services on which the economy and society depend. Its significance lies in promoting a model that seeks to balance economic development with environmental protection.
Equity
In the context of international environmental law, equity refers to the fair and just treatment of all peoples in environmental governance, including the equitable sharing of benefits and burdens. Equity is significant as it ensures inclusivity and fairness in the development and enforcement of environmental policies.
Environmental Impact Assessment (EIA)
Environmental impact assessment is a process that evaluates the environmental consequences of a proposed project or policy before it is carried out. The significance of EIA is its role in preventive environmental management, by foreseeing potential negative impacts and facilitating informed decision-making.
Public Participation
Public participation is a principle acknowledging the right of citizens to have access to environmental information and to be involved in decision-making processes. Its significance is that it democratizes environmental governance and can lead to more sustainable and accepted outcomes.
Environmental Justice
Environmental justice is the movement and principle that seeks the fair treatment and meaningful involvement of all people with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies, regardless of race, color, national origin, or income. Its significance lies in addressing environmental disparities and promoting equitable access to a healthy environment.
Rio Declaration
The Rio Declaration is a statement of environmental principles adopted at the 1992 Earth Summit, which established key principles like sustainable development and the precautionary principle. Its significance lies in laying the foundation for global environmental policy and international environmental law.
Transboundary Environmental Impact Assessment
Transboundary environmental impact assessment is the process whereby environmental impacts that cross national borders are evaluated and addressed. The significance of this process is to ensure that activities within a country's border do not have adverse environmental effects on another country, reinforcing global cooperation and protection.
Environmental Rule of Law
Environmental rule of law refers to the principle that law, and their fair and effective implementation and enforcement, is fundamental to the protection of the environment. Its significance lies in providing the legal framework necessary for achieving environmental and sustainable development objectives.
Convention on Biological Diversity (CBD)
The Convention on Biological Diversity is an international treaty with the goals of conserving biological diversity, promoting sustainable use of its components, and fair and equitable sharing of benefits arising from genetic resources. Its significance stems from being the first global agreement on the conservation and sustainable use of biodiversity.
Principle of Non-Regression
The principle of non-regression prevents the rollback of environmental laws and policies that would lead to a lower level of environmental protection. The significance of this principle is to maintain progress in environmental standards and prevent backsliding on previous commitments.
Kyoto Protocol
The Kyoto Protocol is an international treaty that extends the 1992 United Nations Framework Convention on Climate Change (UNFCCC) and commits states to reduce greenhouse gas emissions based on the principle of common but differentiated responsibilities. Its significance is that it was the first binding agreement on greenhouse gas emissions reductions for developed nations.
Stockholm Declaration
The Stockholm Declaration is the resulting document of the United Nations Conference on the Human Environment in 1972, which laid the foundation for international environmental law and policy. Its significance is in establishing the concept that humans have a right to a healthy environment and the fundamental duty to protect and improve it for present and future generations.
Montreal Protocol
The Montreal Protocol on Substances that Deplete the Ozone Layer is an international treaty designed to protect the ozone layer by phasing out the production of substances responsible for ozone depletion. The significance of the protocol is its success as a global response to ozone depletion, resulting in the phase-out of most ozone-depleting chemicals.
Aarhus Convention
The Aarhus Convention is an international treaty that grants the public rights regarding access to information, public participation, and access to justice in environmental matters. Its significance is attributed to creating a framework for greater democratic involvement in environmental decision-making processes.
Basel Convention
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal is a treaty that aims to reduce the movements of hazardous waste between nations and to prevent transfer of hazardous waste to countries with less strict environmental regulations. Its significance lies in encouraging the reduction of hazardous waste generation and promoting environmentally sound management.
Preventive Principle
The preventive principle aims to anticipate, prevent, and minimize causes of environmental degradation. Its significance rests on the notion that preventing environmental harm is more effective and often less costly than repairing damage after it occurs.
Nagoya Protocol
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization is a supplement to the Convention on Biological Diversity that provides a transparent legal framework for the fair and equitable sharing of benefits from the use of genetic resources. Its significance includes the promotion of fair use of biodiversity and recognition of the rights of indigenous and local communities.
United Nations Convention on the Law of the Sea (UNCLOS)
The United Nations Convention on the Law of the Sea is an international agreement that establishes the legal framework for all marine and maritime activities, providing guidelines for the protection and preservation of the maritime environment. Its significance is in promoting the peaceful use of the seas, the equitable and efficient utilization of their resources, and the conservation of marine life.
Paris Agreement
The Paris Agreement is an international treaty on climate change adopted in 2015, aiming to limit global warming to well below 2 degrees Celsius, with efforts to limit the increase to 1.5 degrees. Its significance lies in achieving a global consensus to undertake ambitious efforts to combat climate change and adapt to its effects, with enhanced support to assist developing countries.
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