Principles of Int. end EU environmental law

Question 1

Where can you find the general principles of int. environmental law?

Answer 1

Reflected in
- treaties
- binding acts of int. organization
- state practice
- judicial decisions
- soft-law instruments (ex. Rio declaration)

Question 2

What are the general principles of int. environmental law?

Answer 2

• principle of sovereignty and responsibility
• preventive action
• cooperation
• sustainable development
• precautionary principle
• polluter pays
• common but differentiated responsibilities

Question 3

What does the principle of sovereignty and responsibility mean? And where can this principle be found?

Answer 3

• two elements: a right to exploit own natural resources and a duty/obligation not to cause damage in other states and areas beyond limits of national jurisdiction
• found in: Int. customary law, Trail smelter case, Stockholm declaration (principle 21), Rio declaration (principle 2) and more…

Question 4

What does the principle of preventive action mean? And where can this principle be found?

Answer 4

• Obliges states to reduce, limit or control activities that might, cause of risk environmental damage, preventing environmental damage from happening, have to design rules that ensure that something will be preventive (also usually cheaper to take preventive action then to fix a future problem)
• found in: Int. customary law, Rio declaration (principle 2), 2005 Iron Rhine arbitration (established as customary law), 2010 Pulp Mils (origins in due diligence) and more…

Question 5

What does the principle of cooperation mean? And where can it be found?

Answer 5

• a general obligation for states to cooperate
• found in: UN charter art. 74 (good neighbourness), present in int. case law (ex. Gabcikovo Naygmaros), Rio declaration (principle 27) and more…

Question 6

What does the principle of sustainable development mean? And where can this principle be found?

Answer 6

• includes two concepts: the needs of the poor to be given overriding priority and limitations imposed, and by the state of technology and social organisation, on the environment’s ability to meet present and future needs
• four recurring legal elements (Sands): preventive approach (preverve natural resources for the benefit of future generations), principle of sustainable use (expoloiting natural resources responsibly/proporiately), principle of intra-generational equity (states need to take into account the needs or other states) and principle of integration (integrated into economis and other development plans, projects, programs and when applying environmental objectives)
• found in: Brundtland report (1987), Rio declaration (principle 4) and more…

Question 7

What does the precautionary principle mean? And where can this principle be found?

Answer 7

• requires activities and substances, which may be harmful to the environment ot be regulated, and possibly prohibited, even if no conclusive or overwhelming envidence is available as to the harm or likely harm they may cause to the environment
• found in: Rio declaration (principle 15), several treaties, case-law (ex. Pulp Mils, MOX), int. customary law? and more…

Question 8

What does the polluter pays principle mean? And where can it be found?

Answer 8

• the cost of pollution should be borne by the person responsible for causing the pollution, a principle of allowcating of cost to the responsible party
• found in: Rio declaration (principle 16), TFEU art. 191 (2), OSPAR art. 2 (b), broad support in state and civil liability schemes

Question 9

What does the principle of common but differentiated responsibilites mean? And where can this principle be found?

Answer 9

• common responsibility of states for the protection of the environment (obligation) but differentiated responsibility and the need to take into account the differing circumstances in states
• found in: Rio declaration (principle 7), int. treaty law (ex. Paris Agreement’s NDC’s) and more…

Question 10

What are the general principles of EU’s environmental law/policy? And where are these principles found?

Answer 10

• high level of protection: TFEU art. 191 (1)
• precautionary principle: TFEU art. 191 (2)
• preventive action: TFEU art. 191 (2)
• proximity/rectification at the source principle: TFEU art. 191 (2)
• polluter pays principle: TFEU art. 191 (2)
• sustainable development (general principle of EU law): TEU art. 3 (3)
• intergation (general principle of EU law): TFEU art. 11

Question 11

What does the principle of proximity/rectification at the source mean?

Answer 11

• environmental damage should be rectified at the source
• closely related to the preventive principle
• tackle environmentally harmful effects as soon as possible