The Principles and where they come from (briefly)

Question 1

Principle of COOPERATION

Answer 1

• Rio

- But reflects existing customary international law

Question 2

Principle of Common CONCERN

Answer 2

• Joanna doesn’t believe this is a separate principle

- Usually this principle appears in preambles to treaties, which is not binding in international law

Question 3

Principle of Common but DIFFERENTIATED Responsibilities

Answer 3

-Rio

Question 4

Principle of SUSTAINABLE development

Answer 4

• Rio

- Bruntland Convention

Question 5

Principle of common HERITAGE of mankind

Answer 5

-Prime example: Law of the Sea Convention

Question 6

Principle of INTERGENERATIONAL Equity

Answer 6

-Minors Oposa v Factoran (Phillipnes SC case)

Question 7

Principles of Prevention of TRANSBOUNDARY Harm

Answer 7

• Principles 21 of Stockholm and 2 of Rio respectively
• BUT, this is also principle from customary international law- recognised in Pulp Mills etc. (BUT NB: no binding precedent in international law)

Question 8

TRANSPARENT decision making and public participation

Answer 8

• Rio
• ILC Draft Articles on Prevention of TBH, Article 13
• Aarhus Convention, 1998

Question 9

Principles of Sovereignty over RESOURCES

Answer 9

-Principles 21 of Stockholm and 2 of Rio respectively

Question 10

Principle of notification of Transboundary ACCIDENTS

Answer 10

• Rio

- Chernobyl

Question 11

Principle of PRIOR notification of activities

Answer 11

• Rio

- Also Lac Lanoux case

Question 12

POLLUTER Pays Principle

Answer 12

• Rio

- EC Council Recommendation (1975)

Question 13

PRECAUTIONARY Principle

Answer 13

• Rio

- OSPAR