Environmental Principles

Question 1

Define Environmental Principles

Answer 1

Guidelines that help shape laws and decisions to protect the environment fairly, responsibly, and sustainably.

Question 2

Characteristics of Environmental Principles

Answer 2

• Guiding Role: Act as directional goals for environmental protection and sustainable development. Often aspirational rather than enforceable rules.
• Soft Law with Influence: Although non-binding at the international level, they can carry significant weight in national law
• Dynamic and Context-Dependent: Adaptable and interpreted differently across jurisdictions, allowing them to evolve with changing priorities and local legal contexts.

Question 3

Where are Environmental Laws Found?

Answer 3

Usually found in soft law agreements and preambles of treaties.

Question 4

Where do Environmental Principles carry the most weight?

Answer 4

The national level.

Question 5

Why are they not operational at the international level?

Answer 5

Sovereignty takes precedent.

Question 6

Principle of Sovereignty

Answer 6

States have the right to exploit their own natural resources but must not cause transboundary damage.

Not originally legally binding (in a treaty) but now recognised as customary international law through consistent state practice and international agreements.

Question 7

What principle is Sovereignty closely related to?

Answer 7

preventative action principle.

Question 8

What are the implications of sovereignty?

Answer 8

Nature reduced to a resource.

Creates negative externalities (e.g. pollution) that harm public health and well-being – polluter pays principle counters this.

Question 9

What principles does sovereignty clash with?

Answer 9

Intergenerational Principle - unlimited resource use can undermine fairness for future generations

Common Concern and Sustainable Use which emphasise long-term environmental stewardship.

Question 10

Define the principle of Cooperation

Answer 10

Encourages countries to work together on environmental issues, especially those that cross borders (e.g. climate change, biodiversity).

Question 11

What is required for the principle of Cooperation?

Answer 11

Measurement, assessment, monitoring

Participation, information sharing, transparency - linked to Aarahus Convention and Escazo Convention

Question 12

Key Sources of Principle of Cooperation

Answer 12

Principle 24 - Stockholm Declaration
Principle 7 and 27 - Rio Declaration

Question 13

Define the principle of Common but Differentiated Responsibilities (CBDR)

Answer 13

All states share a common responsibility to protect the environment, but not all share equal responsibility or capacity to act.

Recognises historical differences in states’ contributions to environmental problems

Developed countries expected to take the lead in addressing environmental degradation and providing financial and technical support to developing countries.

Question 14

Key Sources of CBDR

Answer 14

Principle 7 - Rio Declaration (1992)

Embedded in UNFCCC and reflected in Paris Agreement (NDCs)

Question 15

How has the principle of Cooperation evolved from the Kyoto Protocol to the Paris Agreement?

Answer 15

Shift from Annex I & II to NDCs – each country must do their bit according to differing capacities, responsibilities and national circumstances.

Question 16

Define the Polluter Pays Principle (PPP)

Answer 16

Polluters should bear the costs of environmental damage they cause.

Question 17

What is the aim of the Polluter Pays Principle (PPP)

Answer 17

Aims to internalise environmental costs by holding polluters financially responsible.

Question 18

Limitations of the Polluter Pays Principle (PPP)

Answer 18

Weak Incentive to Prevent Pollution:

Focuses on paying for pollution rather than preventing it

Trade and Investment Caveat:

• Condition that it must not “distort international trade or investment,” which reveals the prioritisation of economic interests over environmental protection.

Supply Chain Complexity:

• Who is the polluter: producer, consumer?
• Were are the emissions generated: extraction, transport, production, disposal?
• How do we measure, assess and allocate responsibility fairly?

Question 19

Define the Precautionary Principle

Answer 19

Act to prevent serious or irreversible harm even without full scientific certainty, as long as measures are cost-effective and suited to state capabilities.

Question 20

Who is the burden of proof placed on in the Precautionary Principle?

Answer 20

Those proposing potentially harmful activities.

Question 21

Limitations of the Precautionary Principle

Answer 21

• “Serious” – subjective and context-dependent
• “Cost-effective” – context-dependent, may weaken enforcement

Question 22

Definition of Common Concern Principle

Answer 22

Certain environmental issues (e.g. climate change and biodiversity) affect all of humanity (shared concern) and require collective international action.

Question 23

What does the Common Concern Principle require?

Answer 23

• International cooperation and solidarity
• Shared decision-making and accountability
• Accessible measurement and assessment
• Access to information and transparent data
• Access to justice (e.g. courts)
• Meaningful public participation in decision-making

Question 24

Define Sustainable Development

Answer 24

Development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

Question 25

Sub principles of Sustainable Development

Answer 25

Inter- and Intra-generational Equity

Question 26

Limitations of principles of Sustainable Development

Answer 26

- Anthropocentric: Frames nature as a resource to serve human needs. - Positions humans above nature, ignoring intrinsic ecological value. - Implication: Protecting nature justified if it serves human development goals.

Question 27

Define Sustainable Use Principle

Answer 27

The use of natural resources in a way that maintains their potential to meet the needs of present and future generations, while respecting environmental limits.

Question 28

Which principle starts to challenge sovereignty?

Answer 28

Common Concern

Question 29

Which principle reinterprets sovereignty?

Answer 29

Sustainable Use - links natural resource use to environmental responsibility.

Question 30

How are the principles of sustainable development and sustainable use different?

Answer 30

SD is a Broad concept — meets present needs without compromising future generations. ➡️ Balances economic, social, and environmental goals. SU Narrower focus — use of natural resources within environmental limits. ➡️ Ensures resources remain available now and in the future.

Question 31

Where has the principle of Sustainable Use been found in international law?

Answer 31

Judge Cançado Trindade’s: Advocates that development must respect environmental limits. International Tribunal for the Law of the Sea (ITLOS): States have a positive duty to apply due diligence and the precautionary principle when using natural resources

Question 32

Where is the principle of Sustainable Use been found in national law?

Answer 32

Environmental Impact Assessments (EIA) Best Environmental Practices – reflect current environmental standards Precautionary approach in resource exploitation

Question 33

Define the principle of Integration

Answer 33

Promotes the inclusion of environmental considerations in all areas of policy-making, ensuring that environmental protection is balanced with social and economic goals.

Question 34

Define the principle of Intra-Generational Equity

Answer 34

Intra-generational equity relates to notions of fairness and justice across the communities and states within the present generation Aims to balance environmental protection efforts across states, especially in relation to financial and technological support.