Week #11: Sustainable development, Precautionary Principle and co Flashcards
What is sustainable development?
Article 3 of the Rio declaration: The right to development must be fulfilled so as to equitably meet
developmental and environmental needs of present and future generations.
Also: Development that meets the needs of human living in the present without compromising future generation’S ability to do the same.
2 major principle: Needs and limitations
What is the meaning of the principle of need in the sustainable development principle?
Development must be centered around human needs, the eradication of poverty
What is the meaning of limitation in the sustainable development principle?
Technology and social organization impose limitation (cause strain) on the ability of the environment to meet the need of the present and the future.
What is balanced by smart sustainable development?
Economic growth and environmental protection
In what legislation/convention does the sustainable development principle takes its roots?
In the Brundtland Commission
In the Munich Summit
In the Federal Sustainable Development Act
What is the precautionary principle?
When there is doubt or uncertainty as to the impact of a particular action or inaction that you should err on the side of environmental protection, caution.
You should not make policy decisions in the absence of scientific knowledge
From which article of the Rio declaration does this principle stem from?
Article 15:In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are
threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
So, according to the precautionary principle principle, I should do nothing when I am not sure?
This principle does not solve the problem of uncertainty in policy decision; drwas attention and guide for situation. Lack of certainty =/= lack of action. Just caution, not basis for inaction.
Why is it smart to follow the precautionary principle?
Because it sometimes take several years for the effect of environmental problems to show its effects. Then, it may be too late. Using caution may protect from irrevocable harm
What is the Morton v Minister case?
56.B of the Fisheries Act prohibits transfer of fish that has a disease that may be harmful to other fish. They argued that since the fish had a disease, the license to transfer such fish was invalid. Paragraph 58 of the decision is important. Canada has incorporated the precautionary principle when writing this piece of legislation through the words “may harm”
What is the polluter pay principle?
The costs of pollution should be borne by those who causes it.
In which Rio declaration article is the polluter pay principle from?
Article 16 National authorities should endeavour 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 trade and investment.
What is the Common but differiciented principle?
Rich and poor States both have responsability (shared), but not to the same degree, as developed country are responsible for more of the current harm and should use their greater economic power to be responsible, reduce their impact on the environment to leave room for the poorer countries to grow.
What is the rule in the Trail Smelter Arbitration?
Fumes from Canada harm Washington DC; international tort. Under the intent of international law, no states has the right to use or permit the use of his terrain in such a matter as to cause environmental damage in or to the territory or the property or persons in another State. (Fin page 6)
IT IS AIR POLLUTION THAT THE TRAIL SMELTER DEALS WITH
What is the rio declaration article for the common but differiciented principle?
Rio declaration article 7: States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth’s ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities. The developed countries
acknowledge the responsibility that they bear in the international pursuit of sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command.
