Lesson 11 Flashcards
branch of public international law comprising of those substantive, procedural, and institutional rules which have as their primary objective the protection of the environment
International environmental law
is understood al encompassing both the creatures and products of the natural world and those of human civilization
The term “environment”
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 (1972 Stockholm Declaration on the Human Environment
Principle of Good Neighborliness
When there is a lack of full scientific certainty in establishing a causal link between human activity and environmental effect, the court shall apply this in resolving the case before it
Precautionary Approach/Principle
National authorities should endeavor 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
Polluter Pays Principle
It is development that meets the needs of the present without compromising the ability of the future generations to meet their own needs
Principle of Sustainable Development
as a national instrurnent, shall be undertaken for proposed activities that are likely to have significant adverse impact on the environment and are subject to a decision of a competent national authority
Environment Impact Assessment Principle
Man bears a solemn responsibility to protect and improve the environment for present and future generations
Principle of Intergenerational Equity
Because developed states have contributed disproportionately to global environmental degradation, and because they command greater financial and technological resources, those states have a special responsibility in shouldering the burden of pursuing global sustainable development
Principle of Common but Differentiated Responsibility
Each state should ensure that its regime of environmental protection, when addressing pollution origination within the state, does not discriminate between pollution affecting the state and pollution affecting other states
Principle of Non-discrimination
States are under an absolute obligation to prevent pollution and are liable for its effects irrespective of fault
Strict Liability Theory
It is the standard that is accepted generally as the most appropriate one.
Test of Due Diligence
What are the Essential environmental principles
principle of good neighborliness, precautionary principle, polluters pay principle, principle of sustainable development, Environment impact assessment principle, principle of intergenerational equity, principle of common but differentiated responsibility, and principle of non-dicrimination
