Sustainable Development, International conventions and Stockholm — Rio Declarations

Table of Contents
1. Introduction
2. Sustainable Development
3. International Conventions and the Protection of the Environment
4. Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration)
5. Rio Declaration on Environment and Development (1992)
6. Key Principles in Practice - Short Definitions and Examples
7. Implementation and Institutional Mechanisms
8. Conclusion
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Introduction

• International conventions and declarations form the backbone of global efforts to promote sustainable development and protect the environment; these topics are central to the study of environmental law.
• Key principles that underpin contemporary environmental law include the precautionary principle, the polluter-pays principle and the public trust doctrine. A clear understanding of these principles aids comprehension of international instruments and national implementation measures.
• The common-law dimension of environmental protection often arises through tort law remedies and judicially developed doctrines, while the criminal-law aspect uses provisions in penal and procedural codes to punish acts that harm the environment.

Sustainable Development

• In 1987 the World Commission on Environment and Development (the Brundtland Commission) published the report Our Common Future. It provided the widely quoted definition of sustainable development:
  • "development that meets the needs of the present without compromising the ability of future generations to meet their own needs."
  The formulation links economic development and environmental protection and provides a framework for integrating environmental policy with development strategies.
• The primary objective of sustainable development is the long-term stability and resilience of economic, environmental and social systems. This requires integrating environmental, social and economic concerns into decision making at all levels.

Sustainable Development Goals (SDGs)

• The Sustainable Development Goals (SDGs) were adopted by all United Nations Member States in 2015. They comprise 17 interlinked goals designed as a universal call to action to end poverty, protect the planet and ensure prosperity for all by 2030.
• Success in one SDG affects progress in others; for example, addressing climate change (SDG 13) influences natural resource management, health (SDG 3), food security (SDG 2) and poverty reduction (SDG 1).
• The pledge to Leave No One Behind commits states to prioritise progress for those furthest behind first; achieving the SDGs requires the combined efforts of governments, civil society, the private sector and individuals.

International Conventions and the Protection of the Environment

Stockholm Conference (1972) - Background and Legacy

• The evolution of international environmental law is often considered in periods demarcated by two landmark conferences: the United Nations Conference on the Human Environment held at Stockholm in June 1972 and the United Nations Conference on Environment and Development (the Earth Summit) held at Rio de Janeiro in June 1992.
• Although the United Nations Charter did not expressly refer to the environment or conservation, the UN convened a number of meetings on related matters prior to Stockholm. The Stockholm Conference became the prototype of global conferences that brought worldwide attention to environmental issues.
• The period prior to Stockholm may be termed the Pre-Stockholm era. The Stockholm era spans the years around and following 1972 and includes the implementation of its recommendations over the following decade.
• Key instruments and initiatives that followed Stockholm include:
  • Convention for the Protection of the World Cultural and Natural Heritage (1972).
  • Creation of the United Nations Environment Programme (UNEP) by the UN General Assembly in 1972 to coordinate environmental activities in the UN system. UNEP's principal role was to catalyse and coordinate environmental programmes among nations and international organisations.

Notable post-Stockholm conventions and developments

• Basel Convention (1989) on the control of transboundary movements of hazardous wastes and their disposal - aimed at controlling improper treatment and mitigating damage from hazardous waste movements and disposal.
• Instruments addressing the environmental effects of hostilities and military activities: conventions and protocols prohibit modes of warfare that cause severe, widespread and long-term environmental damage.
• References to environmental obligations also appear in other treaties, for example in the law of the sea (UNCLOS, 1982) which recognises a general obligation to protect and preserve the marine environment.

Rio (Earth Summit) Era - Brundtland and Agenda 21

• The Brundtland Report (Our Common Future, 1987) restated the need to reconcile development and environmental protection. It set the stage for the 1992 Earth Summit and its principal outcome, Agenda 21, a comprehensive plan of action for sustainable development.
• The Rio Summit produced legally binding conventions (for example, on climate change and biodiversity), a framework of principles on forest conservation and use, and a series of political declarations. Together these instruments sought to address the earlier 'sectoral' and 'piecemeal' nature of international environmental law.
• To support implementation, the General Assembly established a Commission on Sustainable Development in December 1992 to monitor and facilitate follow-up to the Earth Summit, in particular the implementation of Agenda 21 and related agreements.
• The recommendation to create financial mechanisms led to experiments such as the Global Environment Facility (GEF), proposed in 1990 to provide favourable funding to low- and middle-income countries for projects with global environmental benefits. The GEF later became a key financing instrument for environmental projects in developing countries.

Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration)

The United Nations Conference on the Human Environment (Stockholm, 5-16 June 1972) articulated a global perspective and guiding principles for preserving and enhancing the human environment. The Declaration sets out foundational ideas for environmental protection and international cooperation.

Key points of the Stockholm Declaration

• Human beings both shape and are shaped by their environment; the environment is essential for physical sustenance and broader development (intellectual, moral, social and spiritual).
• Scientific and technological advances give humankind unprecedented ability to transform the environment; hence protecting the natural and man-made environment is essential to protect human well-being and fundamental rights.
• Environmental protection and improvement are necessary for people's well-being and for global economic development; governments bear responsibilities to further these goals.
• Misuse of human capacities can cause major environmental harm - pollution, ecological imbalance, resource depletion and deterioration of man-made environments.
• In developing countries, many environmental problems stem from underdevelopment; efforts to improve the environment must therefore be coordinated with development objectives.
• Population growth presents challenges for environmental preservation; appropriate demographic and policy responses are necessary.

Environmental goals and responsibilities (Stockholm)

• Greater care is needed for the environmental consequences of actions: ignorance or indifference can cause irreversible harm; knowledge and wise action can improve environmental quality and human living conditions.
• Environmental protection requires cooperation with nature to defend and improve the human environment for present and future generations, alongside peace and economic and social development.
• Responsibility for environmental goals rests with individuals, communities, enterprises, institutions and governments; international cooperation is essential to assist developing countries.
• Regional and global environmental problems demand extensive international cooperation and action by intergovernmental organisations.

Principles for environmental protection (summary)

1. Right and responsibility: Individuals have a right to a healthy environment and a responsibility to protect it.
2. Intergenerational equity: Natural resources should be managed for the benefit of present and future generations.
3. Renewable resources: The Earth's capacity to produce renewable resources should be maintained and improved.
4. Non-renewable resources: Non-renewable resources must be used wisely to avoid exhaustion.
5. Pollution prevention: Pollution should be prevented to protect ecosystems and human health.
6. Balanced development: Economic and social development should be pursued in harmony with environmental protection.
7. International cooperation: Cooperation among states is essential to address transboundary environmental problems.
8. Education and awareness: Environmental education and public awareness are crucial to encourage responsible behaviour.
9. Science and technology: Scientific research and technological innovation should support environmental protection.
10. State sovereignty and obligations: States have the right to manage their resources but must avoid causing environmental harm to other states.
11. Liability and compensation: International liability and compensation for environmental damage should be further developed.
12. Equity of capacities: Environmental protection efforts should be sensitive to the varying capacities and needs of different countries.

Rio Declaration on Environment and Development (1992)

The Rio Declaration (1992) comprises 27 principles intended to guide states in achieving sustainable development by balancing environmental protection with economic and social progress. The principles reaffirm and expand topics first highlighted at Stockholm and incorporate lessons from the Brundtland Report and Agenda 21.

Principle 1: Centrality of Human Beings

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

Principle 2: Sovereign Right and Responsibility

• States have the right to exploit their own resources but must ensure that activities do not cause environmental damage to other states or areas beyond their jurisdiction.

Principle 3: Right to Development

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

Principle 4: Integral Environmental Protection

• Environmental protection is an integral part of the development process and cannot be considered in isolation.

Principle 5: Eradication of Poverty

• All states and people must cooperate to eradicate poverty as it is essential for sustainable development and reducing disparities in living standards.

Principle 6: Special Priority for Developing Countries

• The special needs of developing countries, especially the least developed and most environmentally vulnerable, should be given priority in international actions on environment and development.

Principle 7: Global Partnership for Ecosystem Health

• States should cooperate to conserve, protect, and restore the Earth's ecosystem health and integrity, acknowledging common but differentiated responsibilities.

Principle 8: Sustainable Production and Consumption

• States should reduce unsustainable patterns of production and consumption and promote appropriate demographic policies for sustainable development.

Principle 9: Capacity-Building for Sustainable Development

• States should strengthen endogenous capacity-building for sustainable development through scientific understanding and technology transfer.

Principle 10: Public Participation in Environmental Issues

• Environmental issues are best handled with the participation of all concerned citizens. Access to environmental information and participation in decision-making should be ensured at the national level.

Principle 11: Effective Environmental Legislation

• States should enact effective environmental legislation, with standards reflecting the environmental and developmental context to which they apply.

Principle 12: Supportive International Economic System

• States should promote a supportive international economic system that leads to economic growth and sustainable development while addressing environmental degradation.

Principle 13: Liability and Compensation for Environmental Damage

• States should develop national law regarding liability and compensation for victims of pollution and environmental damage, and cooperate in developing international law on this matter.

Principle 14: Prevention of Environmental Degradation Transfer

• States should cooperate to discourage or prevent the relocation and transfer of activities and substances that cause severe environmental degradation or harm to human health.

Principle 15: Precautionary Approach to Environmental Protection

• The precautionary approach should be widely applied by states to prevent environmental degradation, even in the absence of full scientific certainty.

Principle 16: Internalization of Environmental Costs

• National authorities should promote the internalization of environmental costs and the use of economic instruments, ensuring that the polluter bears the cost of pollution.

Principle 17: Environmental Impact Assessment

• Environmental impact assessments should be conducted for proposed activities likely to have significant adverse environmental impacts.

Principle 18: Notification of Natural Disasters or Emergencies

• States should notify other states of natural disasters or emergencies likely to cause sudden harmful environmental effects and seek international assistance for affected states.

Principle 19: Notification of Trans-boundary Environmental Effects

• States should provide prior notification and relevant information to potentially affected states about activities that may have significant adverse trans-boundary environmental effects.

Principle 20: Role of Women in Environmental Management

• Women play a vital role in environmental management and development, and their full participation is essential for achieving sustainable development.

Principle 21: Role of Youth in Sustainable Development

• The creativity and ideals of youth should be mobilized to forge a global partnership for sustainable development and a better future for all.

Principle 22: Role of Indigenous and Local Communities

• Indigenous people and local communities have a vital role in environmental management due to their knowledge and traditional practices. Their identity, culture, and interests should be supported, and their participation enabled.

Principle 23: Protection of People Under Oppression

• The environment and natural resources of people under oppression, domination, and occupation should be protected.

Principle 24: Warfare and Sustainable Development

• Warfare is destructive to sustainable development. States should respect international law protecting the environment in times of armed conflict.

Principle 25: Interdependence of Peace, Development, and Environmental Protection

• Peace, development, and environmental protection are interdependent and indivisible.

Principle 26: Peaceful Resolution of Environmental Disputes

• States should resolve environmental disputes peacefully and by appropriate means in accordance with the Charter of the United Nations.

Principle 27: Good Faith and Partnership in Sustainable Development

• States and people should cooperate in good faith and in a spirit of partnership to fulfill the principles of the Declaration and develop international law in the field of sustainable development.

Key Principles in Practice - Short Definitions and Examples

• Precautionary principle: Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
• Polluter-pays principle: Costs of pollution prevention, control and remediation should be borne by those who cause pollution, thereby internalising environmental costs into economic decision making.
• Public trust doctrine: Natural resources of public importance (for example, rivers, air, forests) are held in trust by the state for public use; the state must protect these resources for present and future generations.
• Common but differentiated responsibilities (CBDR): While all states are responsible for addressing global environmental degradation, developed and developing countries carry different obligations according to their historical contributions and capacities.
• Environmental Impact Assessment (EIA): A procedural tool used by administrations to identify, evaluate and mitigate likely significant environmental effects of proposed developments before decisions are taken.

Implementation and Institutional Mechanisms

• UNEP: Created in 1972 to be the principal UN agency coordinating environmental activities and providing leadership and capacity building for environmental protection.
• Commission on Sustainable Development: Established by the UN General Assembly after Rio to monitor implementation of Agenda 21 and related agreements.
• Multilateral environmental agreements (MEAs): Examples include the Basel Convention (hazardous wastes), the Convention on Biological Diversity and the UN Framework Convention on Climate Change (UNFCCC) - these are binding treaties that create specific obligations for state parties.
• Funding and technical assistance: Mechanisms such as the GEF provide finance for projects with global environmental benefits; technology transfer and capacity building are essential components of effective implementation.
• National implementation: Declarations and conventions generally require domestic action - enactment of effective environmental legislation, establishment of regulatory agencies, EIA procedures, public participation frameworks and liability regimes.

Conclusion 

• International declarations (Stockholm, Rio) and conventions provide principles, obligations and institutional frameworks that inform national law and policy. They shape legislative design (EIA laws, liability, regulatory standards) and judicial doctrines.
• Key legal tools for implementation include environmental legislation, permitting, EIA, economic instruments (taxes, charges, subsidies), liability and compensation regimes, and inclusive decision-making processes.
• Successful realisation of sustainable development requires integrating environmental, economic and social considerations in policymaking, international cooperation, capacity building and the active participation of civil society and stakeholders.