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Book – Principles and concepts of international
environmental law (Part 2)
Book to Unit 3 – Principles and concepts of international environmental law (Part II)
Site: UNITED NATIONS INFORMATION PORTAL ON MULTILATERAL ENVIRONMENTAL AGREEMENTS
Course:Introductory course to International Environmental Law
Book: Book – Principles and concepts of international environmental law (Part 2)
Table of contents
1. Cooperation, and Common but Differentiated Responsibilities
Duty to cooperate
Common but differentiated responsibilities
Examples
2. Precaution
Examples
Southern Bluefin Tuna Case
3. Prevention
Preventive mechanisms
Examples
4. “Polluter Pays Principle”
Application
Examples
5. Access and Benefit Sharing regarding Natural Resources
Indigenous and local communities
Prior informed consent
6. Common Heritage and Common Concern of Humankind
7. Good Governance
8. Principle of progressive realisation and non-regression
National level
1. Cooperation, and Common but Differentiated Responsibilities
Principle 7 of the Rio Declaration provides:
1992 Rio Declaration Principle 7
“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 7 can be divided into two parts: (1) the duty to cooperate in a spirit of global partnership; and (2) common but
differentiated responsibilities.
Duty to cooperate
The duty to cooperate is well-established in international law, as exemplified in articles 55 and 56 of chapter IX of the Charter
of the United Nations, to which all UN member states, at present 191, subscribe, and applies on the global, regional and
bilateral levels. The goal of the Rio Declaration is, according to the fourth paragraph of its preamble, the establishment of a
“...new and equitable global partnership...”
The concept of global partnership can be seen as a more recent reformulation of the obligation to cooperate, and is becoming
increasingly important. Principle 7 refers to states, but the concept of global partnership may also be extended to non-state
entities.
International organisations, business entities (including in particular transnational business entities), NGOs and Civil Society
more generally should cooperate in and contribute to this global partnership. Polluters, regardless of their legal form, may also
have also responsibilities pursuant to the “Polluter–Pays Principle”.
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