The Rio Declaration, Principle by Principle
Chapter Fifty-Five
Syllabus topic 3, "International Concern for Environment Protection"
Pages 163 to 165 of 663
In one line
Twenty-seven principles, of which eight are used constantly in this book and the rest are context, and knowing which is which is what separates a good answer from a recitation.
The eight that matter
Principle 2: sovereignty and responsibility
States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and 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.
This is Stockholm Principle 21 with two words added. Those two words were the developing States' price. It is customary international law.
Principle 3: the right to development
The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations. Both equities, in one sentence.
Principle 4: integration
In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.
Principle 7: common but differentiated responsibilities
States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth's ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit of sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command.
Principle 10: information, participation and justice
Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.
This is the principle the Aarhus Convention 1998 turns into obligations.
Principle 15: precaution
In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
Principle 16: polluter pays
National authorities should endeavour to promote the internalisation of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment.
The Rio Declaration, Principle by Principle
Principle 17: impact assessment
Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority.
The rest, grouped
The human premise. Principle 1: human beings are at the centre of concerns for sustainable development, entitled to a healthy and productive life in harmony with nature.
Poverty and needs. Principle 5, eradicating poverty as an indispensable requirement. Principle 6, special priority to the situation and needs of developing countries.
Consumption and population. Principle 8: States should reduce and eliminate unsustainable patterns of production and consumption and promote appropriate demographic policies.
Capacity and science. Principle 9: capacity building, scientific understanding, and the development, adaptation, diffusion and transfer of technologies.
Law and standards. Principle 11: States shall enact effective environmental legislation; standards, objectives and priorities should reflect the environmental and developmental context to which they apply; standards applied by some countries may be inappropriate and of unwarranted economic and social cost to others, particularly developing countries.
Trade. Principle 12: an open international economic system; trade measures for environmental purposes should not be arbitrary or unjustifiable discrimination or a disguised restriction; unilateral actions to deal with environmental challenges outside the jurisdiction of the importing country should be avoided; measures addressing transboundary or global problems should as far as possible be based on international consensus.
Liability. Principle 13: States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage, and shall cooperate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their jurisdiction or control to areas beyond their jurisdiction. This is Stockholm Principle 22 repeated twenty years later, and it has still not been done.
Relocation. Principle 14: States should effectively cooperate to discourage or prevent the relocation and transfer to other States of any activities and substances that cause severe environmental degradation or are found to be harmful to human health.
Emergencies and notification. Principle 18: immediate notification of natural disasters or other emergencies likely to produce sudden harmful effects on the environment of other States. Principle 19: prior and timely notification and relevant information to potentially affected States on activities that may have a significant adverse transboundary effect, and consultation at an early stage and in good faith.
Groups. Principles 20 to 22: women, youth, and indigenous people and their communities, whose identity, culture and interests States should recognise and duly support, enabling their effective participation.
The Rio Declaration, Principle by Principle
Protection in conflict. Principle 23: the environment and natural resources of people under oppression, domination and occupation shall be protected. Principle 24: warfare is inherently destructive of sustainable development; States shall respect international law providing protection for the environment in times of armed conflict and cooperate in its further development as necessary.
Peace and cooperation. Principle 25: peace, development and environmental protection are interdependent and indivisible. Principle 26: peaceful settlement of disputes by appropriate means in accordance with the Charter. Principle 27: cooperation in good faith and in a spirit of partnership in the fulfilment of the principles and the further development of international law in the field of sustainable development.
Worked example
Match the principle to MU's question. This table is the practical use of the Declaration.
| MU's question | The principle |
|---|---|
| Principles of international environmental law | 2, 3, 4, 7, 15, 16, 17 in that order |
| Human rights and environmental degradation | 1 and 10 |
| Standards for developing nations | 6, 7, 11 |
| Globalization and trade | 12 and 14 |
| State responsibility in war | 23 and 24 |
| Compliance and enforcement | 13, and its non-performance |
| Bilateral disputes | 18, 19 and 26 |
Quick revision
- Twenty-seven principles, adopted 14 June 1992.
- The eight to learn verbatim: 2, 3, 4, 7, 10, 15, 16, 17.
- Principle 2 is Stockholm 21 plus "and developmental".
- Principle 13 repeats Stockholm 22 on liability, and it has still not been performed.
- Principles 23 and 24 are the war provisions; Principle 12 the trade provision; Principle 14 the relocation provision.
Test yourself
1. What is the difference between Stockholm Principle 21 and Rio Principle 2? Rio Principle 2 adds the words "and developmental", so that a State exploits its resources pursuant to its own environmental and developmental policies. Otherwise the two are the same, and the rule is customary.
2. Which principle would you cite for a question about public participation, and what does it require? Principle 10: access to information held by public authorities including on hazardous materials, the opportunity to participate in decision-making, and effective access to judicial and administrative proceedings including redress and remedy.
3. Which Rio principle repeats an unfulfilled Stockholm promise? Principle 13, which repeats Stockholm Principle 22 on the development of international law on liability and compensation, and which remains unperformed.
The rest of this subject
These notes are cut from the University's printed syllabus. Open the syllabus itself, or the past papers, for the same subject.