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Key International Agreements

CONTENTS

General Agreement on Tariffs and Trade (GATT)
North American Free Trade Agreement (NAFTA)
Treaty of Rome, 1952, Single European Act, 1987, and the Maastricht Treaty, 1992
Declaration of the United Nations Conference on the Human Environment (1972)
The Rio Declaration On Environment And Development (1992)
World Charter for Nature (1982)

GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT)

Issues relating to trade and/or the environment have been addressed in key multilateral, bilateral,
or regional agreements. National laws designed to protect human health and the environment have
been determined to present barriers to trade such as restrictions on importation of goods or tariffs.
The World Trade Organization (WTO), which replaced the General Agreement on Tariffs and Trade
(GATT) in 1995, is a major multilateral agreement on international trade. WTO is a comprehensive
series of agreements and obligations composed of the original 1947 agreement and accompanying
legal instruments, the Uruguay Round Protocol to the GATT, and other Uruguay Round Agreements.
Environmental exceptions to GATT allow nations to adopt programs “necessary to protect human,
animal or plant life or health” or relating to the “conservation of exhaustible natural resources if
such measures are made effective in conjunction with restrictions on domestic production or
consumption.”

GATT contains three main principles, all designed to reduce trade barriers.

Article I – General Most-Favoured-Nation Treatment

“1. With respect to customs duties and charges of any kind imposed on or in connection

with importation or exportation or imposed on the international transfer of payments for
imports or exports, and with respect to the method of levying such duties and charges,
and with respect to all rules and formalities in connection with importation and expor-
tation, and with respect to all matters referred to in paragraphs 2 and 4 of Article III,
any advantage, favour, privilege or immunity granted by any contracting party to any
product originating in or destined for any other country shall be accorded immediately
and unconditionally to the like product originating in or destined for the territories of
all other contracting parties…”

This article evens the playing field by requiring all countries to be treated the same. No favoritism
or discrimination is allowed.

Article III – National Treatment on Internal Taxation and Regulation

“1. The contracting parties recognize that internal taxes and other internal charges, and laws,

regulations, and requirements affecting the internal sale, offering for sale, purchase,

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transportation, distribution or use of products, and internal quantitative regulations
requiring the mixture, processing or use of products in specified amounts or proportions,
should not be applied to imported or domestic products so as to afford protection to
domestic production.

2. The products of the territory of any contracting party imported into the territory of any

other contracting party shall not be subject, directly or indirectly, to internal taxes or
other internal charges of any kind in excess of those applied, directly or indirectly, to
like domestic products. Moreover, no contracting party shall otherwise apply internal
taxes or other internal charges to imported or domestic products in a manner contrary
to the principles set forth in paragraph 1.

3. The products of the territory of any contracting party imported into the territory of any

other contracting party shall be accorded treatment not less favourable than that accorded
to like products of national origin in respect of all laws, regulations and requirements
affecting their internal sale, offering for sale, purchase, transportation, distribution or
use. The provisions of this paragraph shall not prevent the application of differential
internal transportation charges which are based exclusively on the economic operation
of the means of transport and not on the nationality of the product.”

As described in these three paragraphs, domestic and foreign products must be treated the same,
without discrimination or domestic programs designed to protect their own products.

Article XI – General Elimination of Quantitative Restrictions

“No prohibitions or restrictions other than duties, taxes or other charges, whether made effective
through quotas, import or export licenses or other measures, shall be instituted or maintained by
any contracting party on the importation of any product of the territory of any other contracting
party or on the exportation or sale for export of any product destined for the territory of any other
contracting party.”

NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

NAFTA is designed to eliminate trade barriers between the three North American countries party
to this agreement: Canada, the United States, and Mexico. NAFTA was signed by the three parties
on October 7, 1992, and signed into law by President Clinton on December 8, 1993. This landmark
agreement contains environmental protection provisions in the main body of the agreement but
added a “side agreement” called the Supplemental Agreement of the Environment that deals spe-
cifically with environmental issues. The majority of environmental provisions are contained in
Articles 904, 905 and 907 of Chapter 9 (Standards-Related Measures) of the agreement. This chapter
is a component of Part Three, Technical Barriers to Trade. Article 904 allows parties to implement
standards-related measures to protect the environment. If a party does not comply with such
measures, the issuing party can ban importation of goods or the provision of service. Paragraph 2
of Articles 904 and 905 allow the establishment of appropriate levels of protection based on
international standards. Article 905 also allows parties to establish more stringent provisions.

The key environmental provisions of NAFTA are described below.

“Article 904: Basic Rights and Obligations

Right to Take Standards-Related Measures

1. Each Party may, in accordance with this Agreement, adopt, maintain or apply any

standards-related measure, including any such measure relating to safety, the protection

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of human, animal or plant life or health, the environment or consumers, and any measure
to ensure its enforcement or implementation. Such measures include those to prohibit
the importation of a good of another Party or the provision of a service by a service
provider of another Party that fails to comply with the applicable requirements of those
measures or to complete the Party's approval procedures.

Right to Establish Level of Protection

2. Notwithstanding any other provision of this Chapter, each Party may, in pursuing its

legitimate objectives of safety or the protection of human, animal or plant life or health,
the environment or consumers, establish the levels of protection that it considers appro-
priate in accordance with Article 907(2).”

“Article 905: Use of International Standards

1. Each Party shall use, as a basis for its standards-related measures, relevant international

standards or international standards whose completion is imminent, except where such
standards would be an ineffective or inappropriate means to fulfill its legitimate objec-
tives, for example because of fundamental climatic, geographical, technological or infra-
structural factors, scientific justification or the level of protection that the Party considers
appropriate…

3. Nothing in paragraph 1 shall be construed to prevent a Party, in pursuing its legitimate

objectives, from adopting, maintaining or applying any standards-related measure that
results in a higher level of protection than would be achieved if the measure were based
on the relevant international standard.”

“Article 907: Assessment of Risk

1. A Party may, in pursuing its legitimate objectives, conduct an assessment of risk. In

conducting an assessment, a Party may take into account, among other factors relating
to a good or service:
(a) available scientific evidence or technical information;
(b) intended end uses;
(c) processes or production, operating, inspection, sampling or testing methods; or
(d) environmental conditions.”

NAFTA Preamble

The Government of Canada, the Government of the United Mexican States and the Government
of the United States of America, resolved to:

STRENGTHEN the special bonds of friendship and cooperation among their nations;
CONTRIBUTE to the harmonious development and expansion of world trade and provide a

catalyst to broader international cooperation;

CREATE an expanded and secure market for the goods and services produced in their territories;
REDUCE distortions to trade;
ESTABLISH clear and mutually advantageous rules governing their trade;
ENSURE a predictable commercial framework for business planning and investment;
BUILD on their respective rights and obligations under the General Agreement on Tariffs and

Trade and other multilateral and bilateral instruments of cooperation;

ENHANCE the competitiveness of their firms in global markets;

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FOSTER creativity and innovation, and promote trade in goods and services that are the subject

of intellectual property rights;

CREATE new employment opportunities and improve working conditions and living standards

in their respective territories;

UNDERTAKE each of the preceding in a manner consistent with environmental protection and

conservation;

PRESERVE their flexibility to safeguard the public welfare;
PROMOTE sustainable development;
STRENGTHEN the development and enforcement of environmental laws and regulations; and
PROTECT, enhance and enforce basic workers' rights;
HAVE AGREED as follows: …

BJECTIVES

THE

ORTH

MERICAN

REE

RADE

GREEMENT

(NAFTA)

Article 101: Establishment of the Free Trade Area

The Parties to this Agreement, consistent with Article XXIV of the General Agreement on Tariffs
and Trade, hereby establish a free trade area.

Article 102: Objectives

1. The objectives of this Agreement, as elaborated more specifically through its principles

and rules, including national treatment, most-favored-nation treatment and transparency
are to:
(a) eliminate barriers to trade in, and facilitate the cross border movement of, goods

and services between the territories of the Parties;

(b) promote conditions of fair competition in the free trade area;
(c) increase substantially investment opportunities in their territories;
(d) provide adequate and effective protection and enforcement of intellectual property

rights in each Party's territory;

(e) create effective procedures for the implementation and application of this Agree-

ment, and for its joint administration and the resolution of disputes; and

(f) establish a framework for further trilateral, regional and multilateral cooperation to

expand and enhance the benefits of this Agreement.

2. The Parties shall interpret and apply the provisions of this Agreement in the light of its

objectives set out in paragraph 1 and in accordance with applicable rules of international
law.

Article 103: Relation to Other Agreements

1. The Parties affirm their existing rights and obligations with respect to each other under

the General Agreement on Tariffs and Trade and other agreements to which such Parties
are party.

2. In the event of any inconsistency between the provisions of this Agreement and such

other agreements, the provisions of this Agreement shall prevail to the extent of the
inconsistency, except as otherwise provided in this Agreement.

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Article 104: Relation to Environmental and Conservation Agreements

1. In the event of any inconsistency between this Agreement and the specific trade obli-

gations set out in:
(a) Convention on the International Trade in Endangered Species of Wild Fauna and

Flora, done at Washington, March 3, 1973;

(b) the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal,

September 16, 1987, as amended June 29, 1990;

and Their Disposal, done at Basel, March 22, 1989, upon its entry into force for
Canada, Mexico and the United States; or

(d) the agreements set out in Annex 104.1, such obligations shall prevail to the extent

of the inconsistency, provided that where a Party has a choice among equally
effective and reasonably available means of complying with such obligations, the
Party chooses the alternative that is the least inconsistent with the other provisions
of this Agreement.

2. The Parties may agree in writing to modify Annex 104.1 to include any amendment to

the agreements listed in paragraph 1, and any other environmental or conservation
agreement.

Article 105: Extent of Obligations

The Parties shall ensure that all necessary measures are taken in order to give effect to the provisions
of this Agreement, including their observance, except as otherwise provided in this Agreement, by
state and provincial governments.

Annex 104

Bilateral and Other Environmental and Conservation Agreements

1. The Agreement Between the Government of Canada and the Government of the United

States of America Concerning the Transboundary Movement of Hazardous Waste, signed
at Ottawa, October 28, 1986.

2. The Agreement between the United States of America and the United Mexican States

on Cooperation for the Protection and Improvement of the Environment in the Border
Area, signed at La Paz, Baja California Sur, August 14, 1983.

UMMARY

THE

GREEMENT

NVIRONMENTAL

OOPERATION

GREED

PON

THE

HREE

ARTIES

)

On August 13, 1993, Canadian Minister for International Trade, Thomas Hockin, Mexican Secretary
of Trade and Industrial Development, Jaime Serra, and United States Trade Representative, Mickey
Kantor completed negotiations on a proposed North American Agreement on Environmental Coop-
eration.

By strengthening environmental cooperation and the effective enforcement of domestic envi-

ronmental laws and regulations, the environmental agreement will support the achievement of the
economic, trade, and environmental goals and objectives of the NAFTA. The two agreements will
work in a complementary manner to promote sustainable development, to create jobs, and to make
the region more competitive.

The following description does not itself constitute an agreement between the three countries

and is not intended as an interpretation of the text.

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Preamble and Objectives

The Preamble sets out the goals, principles, and aspirations on which the Agreement is based. It
recognizes a tradition of cooperation on the environment, and expresses a commitment to support
and build on international environmental agreements and on existing institutions. The Objectives of
the Agreement include the promotion of sustainable development, cooperation on the conservation,
protection and enhancement of the environment, and the effective enforcement of and compliance
with domestic environmental laws. The Agreement promotes transparency and public participation
in the development and improvement of environmental laws and policies.

Obligations

While affirming the right of each Party to establish its own levels of protection, policies, and
priorities, the Agreement requires that each Party ensure that its laws provide for high levels of
environmental protection and strive to continue to improve those laws. This agreement also protects
the rights of states and provinces to set high levels of protection, consistent with the NAFTA.

To achieve high levels of environmental protection and compliance, each Party agrees to effec-

tively enforce its environmental law through appropriate government actions such as appointment
and training of inspectors; monitoring compliance and examining suspected violations of law;
seeking voluntary compliance agreements; and, using legal proceedings to sanction, or to seek
appropriate remedies for, violations of its environmental law. The Agreement does not empower
one Party's authorities to undertake environmental law enforcement activities within the territory of
another Party.

Each Party undertakes, with respect to its territory, to

• report on the state of the environment.
• develop environmental emergency preparedness measures.
• promote environmental education, scientific research, and technological development.
• assess, as appropriate, environmental impacts.
• promote the use of economic instruments for the efficient achievement of environmental

goals.

Each Party will notify the other Parties of a decision to ban or severely restrict a pesticide or chemical
and will consider banning the export to another Party of toxic substances, the use of which is banned
within its own territory.

Parties agree to ensure that their procedures for the enforcement of environmental law are fair,

open, and equitable. Each Party undertakes to ensure appropriate public access to procedures for
the enforcement of their environmental law. Such access includes the right to

• request action for the enforcement of domestic environmental law.
• sue another person under that Party's jurisdiction for damages.

Commission for Environmental Cooperation

The Agreement establishes a Commission for Environmental Cooperation, comprising a governing
Council, a central Secretariat, and a Joint Public Advisory Committee.

The Council

The Council, the governing institution of the Commission, will be composed of cabinet-level officers
or equivalent representatives of the Parties. It will oversee the implementation of the Agreement,

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serve as a forum for discussion of environmental matters, promote and facilitate cooperation,
oversee the Secretariat, and address questions and disputes that may arise regarding the interpre-
tation or application of the Agreement. The Council has key responsibilities related to the agree-
ment's dispute settlement provisions concerning persistent patterns of failure by any Party to enforce
its environmental laws.

The Council will strengthen cooperation on the development and continuing improvement of

environmental laws and regulations, by

• promoting the exchange of information on criteria and methodologies used in establishing

domestic environmental standards.

• developing recommendations on greater compatibility of environmental standards with-

out reducing the level of environmental protection.

The Council will cooperate with the Free Trade Commission to achieve the environmental goals
and objectives of the NAFTA, by

• contributing to the prevention or resolution of environment-related trade disputes.
• maintaining a list of experts who could provide information or technical advice to NAFTA

institutions.

The Council will consider and develop recommendations with respect to assessing the environ-
mental impact of proposed projects likely to cause significant adverse transboundary effects. It will
also consider and may develop recommendations on

• public access to information, including information on hazardous materials and activities.
• appropriate limits for specific pollutants, taking into account differences in ecosystems.
• reciprocal access to rights and remedies for damage or injury resulting from transbound-

ary pollution.

The Council will meet at least once a year. There will be public meetings at all regular sessions.

The Secretariat

The Agreement establishes a central Secretariat responsible for providing technical, administrative,
and operational support to the Council and to committees and groups established by the Council.
The Secretariat will prepare an annual budget and program, including proposed cooperative activ-
ities. The Secretariat will also prepare reports on matters within the scope of the annual program.

The Secretariat will consider submissions from any person or nongovernmental organization

or association alleging a Party's failure to effectively enforce its environmental law. Provided the
submission meets criteria set out in the Agreement, the Secretariat may propose that a factual record
be developed. In developing this record, the Secretariat can seek information from a variety of
sources, including submissions from interested persons and information developed by independent
experts.

The size and location of the Secretariat will be determined by the Parties.

The Joint Public Advisory Committee

The Joint Public Advisory Committee will include five members of the public from each country.
It will meet at least once a year, concurrent with the regular session of the Council. The Joint
Committee will advise the Council and provide technical, scientific, or other information to the

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Secretariat. It will also provide input to the annual program and budget of the Council as well as
the annual and other reports.

Consultations

A Party may request consultations regarding any matter that affects the operation of the Agreement.
Should the consultations fail to resolve the matter, any Party may call a meeting of the Council.
In seeking a resolution, the Council may consult technical advisors or create working groups or
expert groups and make recommendations.

Resolution of Disputes

If the Council cannot resolve a dispute involving a Party's alleged persistent pattern of failure to
effectively enforce an environmental law relating to a situation involving the production of goods
or services traded between parties, any party may request an arbitral panel. A panel will be
established on a two-thirds vote of the Council.

Panelists will normally be chosen from a previously agreed roster of experts, including experts

on environmental matters. With the approval of the disputing Parties, a panel may seek information
and technical advice from any person or body that it deems appropriate. The report of the panel
will be made publicly available five days after it is transmitted to the Parties.

If a panel makes a finding that a Party has engaged in a persistent pattern of failure to effectively

enforce its environmental law, the Parties may, within 60 days, agree on a mutually satisfactory
action plan to remedy the nonenforcement.

If there is no agreed action plan, then between 60 and 120 days after the final panel report, the

panel may be reconvened to evaluate an action plan proposed by the Party complained against or
to set out an action plan in its stead. The panel would also make a determination on the imposition
of monetary enforcement assessments on the Party complained against.

The panel may be reconvened at any time to determine if an action plan is being duly

implemented. If it is not being fully implemented, the panel is to impose a monetary enforcement
assessment on the Party complained against.

In the event that a Party complained against fails to pay a monetary enforcement assessment

or continues in its failure to enforce its environmental law, the Party is liable to ongoing enforcement
actions. In the case of Canada, the Commission, on the request of a complaining Party, collects
the monetary enforcement assessment and enforces an action plan in summary proceedings before
a Canadian court of competent jurisdiction. In the case of Mexico and the United States, the
complaining Party or Parties may suspend NAFTA benefits based on the amount of the assessment.

TREATY OF ROME, 1952, SINGLE EUROPEAN ACT, 1987, AND THE
MAASTRICHT TREATY, 1992

The European Union (EU) is a community of 15 countries and 372 million citizens. The EU, or
European Economic Community (EEC) as it was formerly known, was formed in 1957 with the
signing of the Treaty of Rome by Belgium, Germany, France, Italy, Luxemborg, and The Nether-
lands. This treaty and others to follow provided a basis for economic and social growth but did
not contain provisions for environmental protection. The Treaty of Rome does, however, contain
two key articles that allowed the European Commission to issue directives and a provision allowing
the Community to take action when no specific provision was available or appropriate. Although
not specific to environmental issues, these two articles provided the necessary provisions to establish
legislation for environmental protection.

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Article 100 of the Treaty of Rome states

“The Council, acting unanimously on a proposal from the Commission, issue directives for the approx-
imation of such provisions laid down by law, regulations or administrative action in Member States as
directly affect the establishment or functioning of the common market.”

Article 235 of the Treaty of Rome reads

“If action by the Commission should prove necessary to attain, in the course of the operation of the
common market, one of the objectives of the Community and this Treaty has not provided necessary
powers, the Council shall, acting on a proposal from the Commission and after consulting the European
Parliament, take appropriate measures.”

The Single European Act amended the Treaty of Rome and for the first time included three articles
addressing the environment and provided

• More power to the European Parliament allowing
• The European Commission to evaluate health, safety and environmental proposals from

a “high level of protection”

• Qualified majority voting instead of unanimously on environmental proposals.

Environmental provisions of the Single European Act

Article 130 r

“1. Action by the Community relating to the environment shall have the following objectives:

(i) to preserve, protect and improve the quality of the environment;
(ii) to contribute toward protecting human health;
(iii) to ensure a prudent and rational utilization of natural resources.

2. Action by the Community relating to the environment shall be based on the principle

that preventative action should be taken, that environmental damage should as a priority
be rectified at source, and that the polluter should pay. Environmental protection require-
ments shall be a component of the Community’s other policies.

3. In preparing its action relating to the environment, the Community shall take account of:

(i) available scientific and technical data;
(ii) environmental conditions in the various regions of the Community;
(iii) the potential benefits and costs of action or lack of action
(iv) the economic and social development of the Community as a whole and the balanced

development of its regions.

4. The Community shall take action relating to the environment to the extent to which the

objectives referred to in paragraph 1 can be attained better at Community level than at
the level of the individual Member State. Without prejudice to certain measures of a
community nature, the Member States shall finance and implement other measures.

5. Within their respective spheres of competence, the Community and the Member States

shall cooperate with third countries and with relevant international organizations. The
arrangements for Community cooperation may be the subject of agreement between the
Community and the third parties concerned, which shall be negotiated and concluded in
accordance with Article 228.

The previous paragraph shall be without prejudice to Member States’ competence to negotiate

in international bodies and to conclude international agreements.”

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Article 130s

“The Council, acting unanimously on a proposal from the Commission and after consulting the European
Parliament and the Economic and Socila Committee, shall decide what action is to be taken by the
Community.

The Council shall, under the condition laid down in the preceding subparagraph, define those matters
on which decisions are to be taken by a qualified majority.”

Article 130t

“The protective measures adopted in common pursuant to Articles shall not prevent any Member State
from maintaining or introducing more stringent protective measures compatible with this treaty.”

The 1992 Maastricht Treaty formally established the concept of sustainable development in Euro-
pean Union law. As stated in the Treaty objectives, “Sustainable and non-inflationary growth
respecting the environment.” Articles 130 r, s, and t were also amended requiring environmental
protection factors be integrated into other Community legislation, providing qualified majority
voting on environmental proposals, and a requirement that Member States implementing more
stringent requirements notify the Commission.

DECLARATION OF THE UNITED NATIONS CONFERENCE ON THE
HUMAN ENVIRONMENT (1972)

This meeting produced some of the most important principles and guidelines on environmental
protection issues to that time or since. The participants agreed on 26 guiding principles and 106
recommendations for environmental management as part of the Stockholm Action Plan. This
conference was sponsored by the United Nations and marked a new era of modern international
environmental law.

EXT

THE

ECLARATION

THE

NITED

ATIONS

ONFERENCE

THE

UMAN

NVIRONMENT

(1972)

The United Nations Conference on the Human Environment,

Having met at Stockholm from 5 to 16 June 1972,
Having considered the need for a common outlook and for common principles to inspire and

guide the peoples of the world in the preservation and enhancement of the human environment,

Proclaims that:

1. Man is both creature and moulder of his environment, which gives him physical suste-

nance and affords him the opportunity for intellectual, moral, social and spiritual growth.
In the long and tortuous evolution of the human race on this planet a stage has been
reached when, through the rapid acceleration of science and technology, man has acquired
the power to transform his environment in countless ways and on an unprecedented
scale. Both aspects of man's environment, the natural and the man-made, are essential
to his well-being and to the enjoyment of basic human rights—even the right to life itself.

2. The protection and improvement of the human environment is a major issue which affects

the well-being of peoples and economic development throughout the world; it is the
urgent desire of the peoples of the whole world and the duty of all Governments.

3. Man has constantly to sum up experience and go on discovering, inventing, creating and

advancing. In our time, man's capability to transform his surroundings, if used wisely,

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can bring to all peoples the benefits of development and the opportunity to enhance the
quality of life. Wrongly or heedlessly applied, the same power can do incalculable harm
to human beings and the human environment. We see around us growing evidence of
man-made harm in many regions of the earth: dangerous levels of pollution in water,
air, earth and living beings; major and undesirable disturbances to the ecological balance
of the biosphere; destruction and depletion of irreplaceable resources; and gross defi-
ciencies, harmful to the physical, mental and social health of man, in the man-made
environment, particularly in the living and working environment.

4. In the developing countries most of the environmental problems are caused by under-

development. Millions continue to live far below the minimum levels required for a
decent human existence, deprived of adequate food and clothing, shelter and education,
health and sanitation. Therefore, the developing countries must direct their efforts to
development, bearing in mind their priorities and the need to safeguard and improve the
environment. For the same purpose, the industrialized countries should make efforts to
reduce the gap between themselves and the developing countries. In the industrialized
countries, environmental problems are generally related to industrialization and techno-
logical development.

5. The natural growth of population continuously presents problems for the preservation

of the environment, and adequate policies and measures should be adopted, as appro-
priate, to face these problems. Of all things in the world, people are the most precious.
It is the people that propel social progress, create social wealth, develop science and
technology and, through their hard work, continuously transform the human environ-
ment. Along with social progress and the advance of production, science and technology,
the capability of man to improve the environment increases with each passing day.

6. A point has been reached in history when we must shape our actions throughout the

world with a more prudent care for their environmental consequences. Through ignorance
or indifference we can do massive and irreversible harm to the earthly environment on
which our life and well-being depend. Conversely, through fuller knowledge and wiser
action, we can achieve for ourselves and our posterity a better life in an environment
more in keeping with human needs and hopes. There are broad vistas for the enhancement
of environmental quality and the creation of a good life. What is needed is an enthusiastic
but calm state of mind and intense but orderly work. For the purpose of attaining freedom
in the world of nature, man must use knowledge to build, in collaboration with nature,
a better environment. To defend and improve the human environment for present and
future generations has become an imperative goal for mankind—a goal to be pursued
together with, and in harmony with, the established and fundamental goals of peace and
of worldwide economic and social development.

7. To achieve this environmental goal will demand the acceptance of responsibility by

citizens and communities and by enterprises and institutions at every level; all sharing
equitably in common efforts. Individuals in all walks of life as well as organizations in
many fields, by their values and the sum of their actions, will shape the world environ-
ment of the future. Local and national governments will bear the greatest burden for
large-scale environmental policy and action within their jurisdictions. International co-
operation is also needed in order to raise resources to support the developing countries
in carrying out their responsibilities in this field. A growing class of environmental
problems, because they are regional or global in extent or because they affect the common
international realm, will require extensive co-operation among nations and action by
international organizations in the common interest. The Conference calls upon Govern-
ments and peoples to exert common efforts for the preservation and improvement of the
human environment, for the benefit of all the people and for their posterity.

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II. Principles

States the common conviction that:

Principle 1

Man has the fundamental right to freedom, equality and adequate conditions of life, in an

environment of a quality that permits a life of dignity and well-being, and he bears a solemn
responsibility to protect and improve the environment for present and future generations. In this
respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial
and other forms of oppression and foreign domination stand condemned and must be eliminated.

Principle 2

The natural resources of the earth, including the air, water, land, flora and fauna and especially

representative samples of natural ecosystems, must be safeguarded for the benefit of present and
future generations through careful planning or management, as appropriate.

Principle 3

The capacity of the earth to produce vital renewable resources must be maintained and, wherever
practicable, restored or improved.

Principle 4

Man has a special responsibility to safeguard and wisely manage the heritage of wildlife and its
habitat, which are now gravely imperilled by a combination of adverse factors. Nature conservation,
including wildlife, must therefore receive importance in planning for economic development.

Principle 5

The non-renewable resources of the earth must be employed in such a way as to guard against the
danger of their future exhaustion and to ensure that benefits from such employment are shared by
all mankind.

Principle 6

The discharge of toxic substances or of other substances and the release of heat, in such quantities
or concentrations as to exceed the capacity of the environment to render them harmless, must be
halted in order to ensure that serious or irreversible damage is not inflicted upon ecosystems. The
just struggle of the peoples of all countries against pollution should be supported.

Principle 7

States shall take all possible steps to prevent pollution of the seas by substances that are liable to
create hazards to human health, to harm living resources and marine life, to damage amenities or
to interfere with other legitimate uses of the sea.

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Principle 8

Economic and social development is essential for ensuring a favourable living and working envi-
ronment for man and for creating conditions on earth that are necessary for the improvement of
the quality of life.

Principle 9

Environmental deficiencies generated by the conditions of under-development and natural disasters
pose grave problems and can best be remedied by accelerated development through the transfer of
substantial quantities of financial and technological assistance as a supplement to the domestic
effort of the developing countries and such timely assistance as may be required.

Principle 10

For the developing countries, stability of prices and adequate earnings for primary commodities
and raw materials are essential to environmental management since economic factors as well as
ecological processes must be taken into account.

Principle 11

The environmental policies of all States should enhance and not adversely affect the present or
future development potential of developing countries, nor should they hamper the attainment of
better living conditions for all, and appropriate steps should be taken by States and international
organizations with a view to reaching agreement on meeting the possible national and international
economic consequences resulting from the application of environmental measures.

Principle 12

Resources should be made available to preserve and improve the environment, taking into account
the circumstances and particular requirements of developing countries and any costs which may
emanate from their incorporating environmental safeguards into their development planning and
the need for making available to them, upon their request, additional international technical and
financial assistance for this purpose.

Principle 13

In order to achieve a more rational management of resources and thus to improve the environment,
States should adopt an integrated and coordinated approach to their development planning so as
to ensure that development is compatible with the need to protect and improve environment for
the benefit of their population.

Principle 14

Rational planning constitutes an essential tool for reconciling any conflict between the needs of
development and the need to protect and improve the environment.

Principle 15

Planning must be applied to human settlements and urbanization with a view to avoiding adverse
effects on the environment and obtaining maximum social, economic and environmental benefits

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for all. In this respect, projects which are designed for colonialist and racist domination must be
abandoned.

Principle 16

Demographic policies which are without prejudice to basic human rights and which are deemed
appropriate by Governments concerned should be applied in those regions where the rate of
population growth or excessive population concentrations are likely to have adverse effects on the
environment of the human environment and impede development.

Principle 17

Appropriate national institutions must be entrusted with the task of planning, managing or control-
ling the environmental resources of States with a view to enhancing environmental quality.

Principle 18

Science and technology, as part of their contribution to economic and social development, must be
applied to the identification, avoidance and control of environmental risks and the solution of
environmental problems and for the common good of mankind.

Principle 19

Education in environmental matters, for the younger generation as well as adults, giving due
consideration to the underprivileged, is essential in order to broaden the basis for an enlightened
opinion and responsible conduct by individuals, enterprises and communities in protecting and
improving the environment in its full human dimension. It is also essential that mass media of
communications avoid contributing to the deterioration of the environment, but, on the contrary,
disseminate information of an educational nature on the need to protect and improve the environ-
ment in order to enable man to develop in every respect.

Principle 20

Scientific research and development in the context of environmental problems, both national and
multinational, must be promoted in all countries, especially the developing countries. In this
connection, the free flow of up-to-date scientific information and transfer of experience must be
supported and assisted, to facilitate the solution of environmental problems; environmental tech-
nologies should be made available to developing countries on terms which would encourage their
wide dissemination without constituting an economic burden on the developing countries.

Principle 21

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 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.

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Principle 22

States shall cooperate to develop further the international law regarding liability and compensation
for the victims of pollution and other environmental damage caused by activities within the
jurisdiction or control of such States to areas beyond their jurisdiction.

Principle 23

Without prejudice to such criteria as may be agreed upon by the international community, or to
standards which will have to be determined nationally, it will be essential in all cases to consider
the systems of values prevailing in each country, and the extent of the applicability of standards
which are valid for the most advanced countries but which may be inappropriate and of unwarranted
social cost for the developing countries.

Principle 24

International matters concerning the protection and improvement of the environment should be
handled in a co-operative spirit by all countries, big and small, on an equal footing. Co-operation
through multilateral or bilateral arrangements or other appropriate means is essential to effectively
control, prevent, reduce and eliminate adverse environmental effects resulting from activities
conducted in all spheres, in such a way that due account is taken of the sovereignty and interests
of all States.

Principle 25

States shall ensure that international organizations play a coordinated, efficient and dynamic role
for the protection and improvement of the environment.

Principle 26

Man and his environment must be spared the effects of nuclear weapons and all other means of
mass destruction. States must strive to reach prompt agreement, in the relevant international organs,
on the elimination and complete destruction of such weapons.

plenary meeting 16 June 1972

THE RIO DECLARATION ON ENVIRONMENT AND DEVELOPMENT
(1992)

The Rio Earth Summit expanded upon and reaffirmed principles of the Stockholm Declaration and
established binding conventions on Biodiversity and Climate Change and Agenda 21, guidelines
for sustainable development in the twenty-first century. Further, the Rio Earth Summit established
forestry principles, legal instruments for various existing treaties, and the Commission on Sustain-
able Development.

EXT

THE

ECLARATION

Preamble

The United Nations Conference on Environment and Development,
Having met at Rio de Janeiro from 3 to 14 June 1992,

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Reaffirming the Declaration of the United Nations Conference on the Human Environment,

adopted at Stockholm on 16 June 1972, and seeking to build upon it,

With the goal of establishing a new and equitable global partnership through the creation of

new levels of cooperation among States, key sectors of societies and people,

Working towards international agreements which respect the interests of all and protect the

integrity of the global environmental and developmental system,

Recognizing the integral and interdependent nature of the Earth, our home,
Proclaims that:

Principle 1

Human beings are at the centre of concerns for sustainable development. They are entitled to a
healthy and productive life in harmony with nature.

Principle 2

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.

Principle 3

The right to development must be fulfilled so as to equitably meet developmental and environmental
needs of present and future generations.

Principle 4

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 5

All States and all people shall cooperate in the essential task of eradicating poverty as an indis-
pensable requirement for sustainable development, in order to decrease the disparities in standards
of living and better meet the needs of the majority of the people of the world.

Principle 6

The special situation and needs of developing countries, particularly the least developed and those
most environmentally vulnerable, shall be given special priority. International actions in the field
of environment and development should also address the interests and needs of all countries.

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

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in view of the pressures their societies place on the global environment and of the technologies
and financial resources they command.

Principle 8

To achieve sustainable development and a higher quality of life for all people, States should reduce
and eliminate unsustainable patterns of production and consumption and promote appropriate
demographic policies.

Principle 9

States should cooperate to strengthen endogenous capacity-building for sustainable development
by improving scientific understanding through exchanges of scientific and technological knowledge,
and by enhancing the development, adaptation, diffusion and transfer of technologies, including
new and innovative technologies.

Principle 10

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.

Principle 11

States shall enact effective environmental legislation. Environmental standards, management objec-
tives 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 other countries, in particular developing countries.

Principle 12

States should cooperate to promote a supportive and open international economic system that would
lead to economic growth and sustainable development in all countries, to better address the problems
of environmental degradation. Trade policy measures for environmental purposes should not con-
stitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international
trade. Unilateral actions to deal with environmental challenges outside the jurisdiction of the
importing country should be avoided. Environmental measures addressing transboundary or global
environmental problems should, as far as possible, be based on an international consensus.

Principle 13

States shall develop national law regarding liability and compensation for the victims of pollution
and other environmental damage. States shall also 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.

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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.

Principle 15

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

National authorities should endeavour to promote the internalization 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.

Principle 17

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.

Principle 18

States shall immediately notify other States of any natural disasters or other emergencies that are
likely to produce sudden harmful effects on the environment of those States. Every effort shall be
made by the international community to help States so afflicted.

Principle 19

States shall provide prior and timely notification and relevant information to potentially affected
States on activities that may have a significant adverse transboundary environmental effect and
shall consult with those States at an early stage and in good faith.

Principle 20

Women have a vital role in environmental management and development. Their full participation
is therefore essential to achieve sustainable development.

Principle 21

The creativity, ideals and courage of the youth of the world should be mobilized to forge a global
partnership in order to achieve sustainable development and ensure a better future for all.

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Principle 22

Indigenous people and their communities, and other local communities, have a vital role in envi-
ronmental management and development because of their knowledge and traditional practices.
States should recognize and duly support their identity, culture and interests and enable their
effective participation in the achievement of sustainable development.

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 therefore respect inter-
national law providing protection for the environment in times of armed conflict and cooperate in
its further development, as necessary.

Principle 25

Peace, development and environmental protection are interdependent and indivisible.

Principle 26

States shall resolve all their environmental disputes peacefully and by appropriate means in accor-
dance with the Charter of the United Nations.

Principle 27

States and people shall cooperate in good faith and in a spirit of partnership in the fulfilment of
the principles embodied in this Declaration and in the further development of international law in
the field of sustainable development.

WORLD CHARTER FOR NATURE (1982)

The World Charter for Nature was born from the work of 34 developing nations. The Charter is a
code of conduct for the treatment of nature and was adopted by the United Nations General
Assembly in 1982. The vote was 111 for, one against (United States), 18 abstentions. It recognizes
the importance of ecosystems and their protection and incorporates precautionary principles.

EXT

THE

ORLD

HARTER

FOR

ATURE

The General Assembly,

Reaffirming the fundamental purposes of the United Nations, in particular the maintenance of

international peace and security, the development of friendly relations among nations and the
achievement of international cooperation in solving international problems of an economic, social,
cultural, technical, intellectual or humanitarian character.

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Aware that:

(a) Mankind is a part of nature and life depends on the uninterrupted functioning of natural

systems which ensure the supply of energy and nutrients.

(b) Civilization is rooted in nature, which has shaped human culture and influenced all

artistic and scientific achievements, and living in harmony with nature gives man the
best opportunities for the development of his creativity, and for rest and recreation.

Convinced that:

(a) Every form of life is unique, warranting respect regardless of its worth to man, and, to

accord other organisms such recognition, man must be guided by a moral code of action.

(b) Man can alter nature and exhaust natural resources by his action or its consequences

and, therefore, must fully recognize the urgency of maintaining the stability and quality
of nature and of conserving natural resources.

Persuaded that:

(a) Lasting benefits from nature depend upon the maintenance of essential ecological pro-

cesses and life support systems, and upon the diversity of life forms, which are jeopar-
dized through excessive exploitation and habitat destruction by man.

(b) The degradation of natural systems owing to excessive consumption and misuse of

natural resources, as well as to failure to establish an appropriate economic order among
peoples and among States, leads to the breakdown of the economic, social and political
framework of civilization.

and natural resources contributes to justice and the maintenance of peace and cannot be
achieved until mankind learns to live in peace and to forsake war and armaments.

Reaffirming that man must acquire the knowledge to maintain and enhance his ability to use

natural resources in a manner which ensures the preservation of the species and ecosystems for
the benefit of present and future generations.

Firmly convinced of the need for appropriate measures, at the national and international,

individual and collective, and private and public levels, to protect nature and promote international
co-operation in this field.

Adopts, to these ends, the present World Charter for Nature, which proclaims the following

principles of conservation by which all human conduct affecting nature is to be guided and judged.

I. General Principles

1. Nature shall be respected and its essential processes shall not be impaired.
2. The genetic viability on the earth shall not be compromised; the population levels of all

life forms, wild and domesticated, must be at least sufficient for their survival, and to
this end necessary habitat shall be safeguarded.

3. All areas of the earth, both land and sea, shall be subject to these principles of conser-

vation; special protection shall be given to unique areas, to representative samples of all
the different types of ecosystems and to the habitat of rare or endangered species.

4. Ecosystems and organisms, as well as the land, marine and atmospheric resources that

are utilized by man, shall be managed to achieve and maintain optimum sustainable

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productivity, but not in such a way as to endanger the integrity of those other ecosystems
or species with which they coexist.

5. Nature shall be secured against degradation caused by warfare or other hostile activities.

II. Functions

6. In the decision-making process it shall be recognized that man's needs can be met only

by ensuring the proper functioning of natural systems and by respecting the principles
set forth in the present Charter.

7. In the planning and implementation of social and economic development activities, due

account shall be taken of the fact that the conservation of nature is an integral part of
those activities.

8. In formulating long-term plans for economic development, population growth and the

improvement of standards of living, due account shall be taken of the long-term capacity
of natural systems to ensure the subsistence and settlement of the populations concerned,
recognizing that this capacity may be enhanced through science and technology.

9. The allocation of areas of the earth to various uses shall be planned and due account

shall be taken of the physical constraints, the biological productivity and diversity and
the natural beauty of the areas concerned.

10. Natural resources shall not be wasted, but used with a restraint appropriate to the

principles set forth in the present Charter, in accordance with the following rules:
(a) Living resources shall not be utilized in excess of their natural capacity for regen-

eration;

(b) The productivity of soils shall be maintained or enhanced through measures which

safeguard their long-term fertility and the process of organic decomposition, and
prevent erosion and all other forms of degradation;

or recycled;

(d) Non-renewable resources which are consumed as they are used shall be exploited

with restraint, taking into account their abundance, their rational possibilities of
converting them for consumption, and the compatibility of their exploitation with
the functioning of natural systems.

11. Activities which might have an impact on nature shall be controlled, and the best

available technologies that minimize significant risks to nature or other adverse effects
shall be used; in particular:
(a) Activities which are likely to cause irreversible damage to nature shall be avoided;
(b) Activities which are likely to pose a significant risk to nature shall be preceded by

an exhaustive examination; their proponents shall demonstrate that expected benefits
outweigh potential damage to nature, and where potential adverse effects are not
fully understood, the activities should not proceed;

sequences, and environmental impact studies of development projects shall be con-
ducted sufficiently in advance, and if they are to be undertaken, such activities shall
be planned and carried out so as to minimize potential adverse effects;

(d) Agriculture, grazing, forestry and fisheries practices shall be adapted to the natural

characteristics and constraints of given areas;

(e) Areas degraded by human activities shall be rehabilitated for purposes in accord

with their natural potential and compatible with the well-being of affected popula-
tions.

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12. Discharge of pollutants into natural systems shall be avoided and:

(a) Where this is not feasible, such pollutants shall be treated at the source, using the

best practicable means available;

(b) Special precautions shall be taken to prevent discharge of radioactive or toxic wastes.

13. Measures intended to prevent, control or limit natural disasters, infestations and diseases

shall be specifically directed to the causes of these scourges and shall avoid adverse
side-effects on nature.

III. Implementation

14. The principles set forth in the present Charter shall be reflected in the law and practice

of each State, as well as at the international level.

15. Knowledge of nature shall be broadly disseminated by all possible means, particularly

by ecological education as an integral part of general education.

16. All planning shall include, among its essential elements, the formulation of strategies

for the conservation of nature, the establishment of inventories of ecosystems and
assessments of the effects on nature of proposed policies and activities; all of these
elements shall be disclosed to the public by appropriate means in time to permit effective
consultation and participation.

17. Funds, programmes and administrative structures necessary to achieve the objective of

the conservation of nature shall be provided.

18. Constant efforts shall be made to increase knowledge of nature by scientific research

and to disseminate such knowledge unimpeded by restrictions of any kind.

19. The status of natural processes, ecosystems and species shall be closely monitored to

enable early detection of degradation or threat, ensure timely intervention and facilitate
the evaluation of conservation policies and methods.

20. Military activities damaging to nature shall be avoided.
21. States and, to the extent they are able, other public authorities, international organizations,

individuals, groups and corporations shall:
(a) cooperate in the task of conserving nature through common activities and other

relevant actions, including information exchange and consultations;

(b) Establish standards for products and other manufacturing processes that may have

adverse effects on nature, as well as agreed methodologies for assessing these effects;

and the protection of the environment;

(d) Ensure that activities within their jurisdictions or control do not cause damage to

the natural systems located within other States or in the areas beyond the limits of
national jurisdiction;

(e) Safeguard and conserve nature in areas beyond national jurisdiction.

22. Taking fully into account the sovereignty of States over their natural resources, each

State shall give effect to the provisions of the present Charter through its competent
organs and in co-operation with other States.

23. All persons, in accordance with their national legislation, shall have the opportunity to

participate, individually or with others, in the formulation of decisions of direct concern
to their environment, and shall have access to means of redress when their environment
has suffered damage or degradation.

24. Each person has a duty to act in accordance with the provisions of the present Charter,

acting individually, in association with others or through participation in the political
process, each person shall strive to ensure that the objectives and requirements of the
present Charter are met.

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REFERENCES

Trade and the Environment, Law, Economics and Policy, edited by Durwood Zaelke, Paul Orbuch, Robert F.

Housman, Center for International Environmental Law, 1993.

Pollution Control in the United States, Evaluating the System, J. Clarence Davies and Jan Mazurek, Resources

for the Future, 1998.

Direct Effect of European Law and the Regulation of Dangerous Substances, Christopher J. M. Smith, Gordon

and Breach Publishers, 1995.

Environmental Change and International Law, edited by Edith Brown Weiss, United Nations University Press,

1992.

International Environmental Law and Policy, David Hunter, James Salzman, Durwood Zaelke, Foundation

Press, 1998.

Environmental Management Systems, Jay G. Martin and Gerald J. Edgley, Government Institutes, 1998.
International Environmental Auditing, David D. Nelson, Government Institutes, 1998.
Precautionary Legal Duties and Principles of Modern International Environmental Law, Harold Hohmann,

Graham & Trotman/Martinus Nijhoff, 1998.

Environmental Management in European Companies, Success Stories and Evaluation, edited by Jobst Conrad,

Gordon and Breach Science Publishers, 1998.

Pollution Control in the United States, Evaluating the System, J. Clarence Davies and Jan Mazurek, Resources

for the Future, 1998.

Public Policies for Environmental Protection, Editor, Paul R. Portney, Resources for the Future, 1992.
Environmental Strategies Handbook, A Guide to Effective Policies & Practices, Rao V. Kolluru, McGraw-

Hill, Inc., 1994.

Chap4.fm Page 43 Sunday, August 19, 2001 12:09 PM

Document Outline

International Environmental Standards Handbook
- Table of Contents
- Key International Agreements

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