Int Env Law - Timeline of Broader Developments

Question 1

Overall Timeline

Answer 1

• 1972 Stockholm Declaration on the Human Environment
• 1992 Rio Declaration on Environment and Development
• 2002 Johannesburg World Summit on Sustainable Development
• 2012 Rio+20
• 2015 Sustainable Development Goals

Question 2

Stockholm Declaration

Answer 2

• 1972
• first widely accepted int effort to set forth env concepts + principles

Question 3

Stockholm Declaration - Key Principles

Answer 3

• Principle 1 - at least implicitly suggested human right to healthy env
• Principle 21 - TRANSBOUNDARY HARM - strikes balance between State’s sovereignty + obligation not to cause harm to the env of another State or of the global commons (this was generally recognized as customary int law at the time)

Question 4

General Themes of Stockholm Declaration

Answer 4

• first articulation of principles
• very broad + descriptive (in contrast to the fine-tuning you get later after hardcore negotiations)
• some references to concerns of development, but that arises more in Rio
• mostly about env + human relationship to env

Question 5

Rio Declaration on Environment And Development

Answer 5

• 1992
• principles emerge further, but against backdrop of state sovereignty
• sustainable development - focal point + rallying cry for int env activity
• funding disputes - who would pay + how much
• bargain between affluent North + less affluent South (broader participation overall)
• part of shift in understanding of env law from transboundary harm to global, complex env problems

Question 6

Rio Declaration - Broad Differences from Stockholm

Answer 6

• parties were negotiating a biodiversity treaty and a climate change treaty at the same time (plus attempting binding forest doc, though that did not pan out) -> think general concept was that this influence extent to which you wind up with broad strokes language (parties negotiating more tightly out of concern for other treaties)
• made more of a commitment than Stockholm - more concrete + more realistically grapples with development

Question 7

Impact of Rio Declaration

Answer 7

• remains the latest + most influential global statement of int env principles, even 30 yrs later
• integration of development concerns w/ env protection
  ->arguably a step backward from Stockholm, but concept that by explicitly tackling this relationship, Rio has proven to be lasting elaboration of consensus on int env protection + sustainable development
  -> careful compromises - Rio continues to serve as starting point for many int env discussions

Question 8

Stockholm Principle 1 vs. Rio Principle 1

Answer 8

• Stockholm - not explicitly saying right to healthy env, but sort of hints at it, + emphasizes “solemn responsibility to protect and improve the environment”
• vs. Rio - places human beings at the center, “entitled to a healthy and productive life in harmony with nature”
• Rio Principle 1 also mentions sustainable development, but does not mention right to healthy environment
• not as much responsibility to the env for its own sake in Rio
• short-term vs. long-term (Stockholm places intergenerational equity within its first principle, vs. Rio, in failing to mention future gens, arguably more focused on present development and env)

Question 9

Stockholm Principle 21 vs. Rio Principle 2

Answer 9

• Stockholm Principle 21 says you can’t cause transboundary harm
• Rio Principle 2 - language stays identical to Stockholm, but gets moved up to principle 2
  -> possibly in part b/c this is something parties agree on
  -> BUT could also have to do w/ fact that language emphasizes sovereign right to exploit own resources - consistent w/ permanent sov over nat resources, featured in treaties being negotiated alongside Rio

Question 10

Stockholm Principle 2 vs. Rio Principle 2

Answer 10

• very different
• Stockholm Principle 2 emphasized urgent need to globally address env issues, vs. Rio arguably prioritizing concept of sovereignty over nat resources
  ->”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” + “urgent desire” throughout world + “duty of all Governments”
• vs. Rio = “sovereign right to exploit their own resources pursuant to their own environmental policies” while acknowledging can’t cause transboundary harm

Question 11

Stockholm vs. Rio - Principle 3

Answer 11

• Stockholm Principle 3 - intended to be very aspirational + powerful statement that we need to look at harms development can cause + pay attention
• vs. Rio: “right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations”

Question 12

Possible Reasons for Differences Between Stockholm + Rio

Answer 12

• Rio thinking more about states + what the declaration will mean practically
• Stockholm more broader principles re humans + env
• Rio = states in negotiation mode
• States may also have been paying more attention to language at Rio after seeing impacts that the Stockholm declaration had

Question 13

Sustainable Development

Answer 13

• phrase now understood to have three pillars: economic, social, and environmental

Question 14

Sustainable Development Goals - General Concept

Answer 14

• not hard law, but are shaping activity
• intended to drive domestic agendas + focus
• in some cases these are also ways of saying these commitments should be implemented in certain treaties
• 17 goals total

Question 15

Sustainable Development Goals - Specifics

Answer 15

• no poverty
• zero hunger
• good healthy + well-being
• quality education
• gender equality
• clean water and sanitation
• affordable and clean energy
• decent work and economic growth
• sustainable industry, innovation, and resilient infrastructure
• reduced inequalities
• sustainable cities and communities
• responsible consumption and production
• climate action
• conservation + sustainable use of life below water
• conservation + sustainable use of life on land
• peace, justice, and strong institutions
• global partnership for sustainable development