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Principles of international environmental law

by Krystle Hernandez

Created on: July 24, 2010   Last Updated: April 10, 2012

The principles of international environmental law can be somewhat difficult to pin down, primarily because of the fact that international law, as a whole, is constantly changing and evolving.  As such, principles of international law shift and expand as different countries and legal systems acknowledge various issues that have global impacts on nations.



Beginning in the early 1970s, international organizations, including the United Nations, have been instrumental in shaping and developing basic principles of international environmental law.  In 1972, the United Nations sponsored the first global conference dealing with environmental issues.  One hundred and thirteen parties adopted the Stockholm Declaration on the Human Environment and its corollary Action Plan for the Human Environment.  The Stockholm Declaration set forth twenty-six general principles intended to address major global environmental themes while the Action Plan established global approaches to problems incurred in attempts to protect the environment.

Some of the most important principles set forth in the Stockholm Declaration include Principle 1, which recognizes the fundamental rights “to freedom, equality, and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being.”  Principle 22 provides that while states have an inherent right to exploit the natural resources found within their territorial boundaries, these states also have a duty to the global community to ensure that the activities conducted within the state’s jurisdiction do not cause environmental damage to other states or areas surrounding the state’s jurisdiction.  Principle 22 affirms the notion that states should cooperate with the international community to develop laws establishing liabilities and defining appropriate methods of compensation for claimants who are victims of pollution and other forms of environmental damage.

The principles set forth within the Stockholm Declaration reflect the general notions that nature, as a whole, should be respected by the members of the international community.  This principle was recognized in the World Charter for Nature, which was drafted by the World Conservation Union in 1982.  Some of the other global environmental principles set forth in the World Charter include Principle 3, which notes that unique territories around the world (e.g. the Amazon) should receive special protection

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