Environmental Issues Principle 2: Rio Declaration

ENVIRONMENTAL ISSUES
Abravanel: it did not violate principle 2 of rio and principle 21 of Stockholm

PRINCIPLE 2: RIO DECLARATION
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 and developmental 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.
PRINCIPLE 21: STOCKHOLM DECLARATION
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.
CITED CASES
In the Pulp Mills Judgment of 2010, upon which the present Judgment has placed considerable
emphasis, this Court noted: “a practice, which in recent years has gained so much acceptance among
States that it may now be considered a requirement under general international law to undertake an
environmental impact assessment where there is a risk that the proposed industrial activity may have a
significant adverse impact in a transboundary context, in particular, on a shared resource. Moreover,
due diligence, and the duty of vigilance and prevention which it implies, would not be considered to
have been exercised, if a party planning works liable to affect the régime of the river or the quality of its
waters did not undertake an environmental impact assessment on the potential effects of such works.
In Lake Lanoux case, it was recognized that a restriction on sovereignty could follow from
exceptional circumstances such as joint ownership. The case dealt in the manner in which France was
utilizing water from Lake Lanoux. Spain claimed that the diversion of water to generate electricity affected
its users. According to the Tribunal " When one examines the question of whether France, either in the
course of the dealings or in her proposals, has taken Spanish interests into sufficient consideration, it must
be stressed how closely linked together are the obligation to take into consideration, in the course of
negotiations, adverse interests and the obligation to give a reasonable place to these interests in the
solution finally adopted. A State which has conducted negotiations with understanding and good faith in
accordance with Article II of the Additional Act is not relieved from giving a reasonable place to adverse
interests in the solution it adopts simply because the conversations have been interrupted} even though
owing to the intransigence of its partner. Conversely, in determining the manner in which a scheme has
taken into consideration the interests involved, the way in which negotiations have developed, the total
number of the interests which have been presented, the price which each Party was ready to pay to have
those interests safeguarded, are all essential factors in establishing, with regard to the obligations set out in
Article II of the Additional Act, the merits of that scheme.
The UN General Assembly Resolution No. 3129 on 'Co-operation in the field of the
environment concerning natural resources shared by two or more States' adopted13 December 1973,
has called for “States to establish 'adequate international standards for the conservation and
harmonious exploration of natural resources common to two or more States.” It also provides that co-
operation between countries “must be established on the basis of a system of information and prior
consultation.” Article 3 of the Charter of Economic Rights and Duties of States,1974 states to the similar
effect: In the exploitation of natural resources shared by two or more countries, each state must co-
operate on the basis of a system of information and prior consultation in order to achieve optimum use
of such resources without causing damage to the legitimate interests of others. The most important
aspect of transboundary co-operation is that a State involved in any proposed project for the use of
shared resources must inform the other State, which is likely to be affected by such a project. In this way
each State will have the opportunity to determine whether the project in question is going to cause any
damage or if it entails a violation of the principle of equitable and reasonable use of the resource.
Resolution adopted by the General Assembly

3281 (XXIX). Charter of Economic Rights and Duties of States
Article 3
In the exploitation of natural resources shared by two or more countries, each State
must co-operate on the basis of a system of information and prior consultations in order
to achieve optimum use of such resources without causing damage to the legitimate
interest of others.
PRECAUTIONARY PRINCIPLE
The basic underlying principle related to the shared resource concept is that the States must
cooperate to avoid adverse effect on other States. This may be done by a system of impact assessment,
notification, consultation and negotiation. The UNEP Guidelines also specify that in cases where the
utilization of shared resources may significantly affect the environment of another State sharing the
resource, the State should make an environmental assessment. (Restricting Sovereignty-
Transboundary Harm in International Environmental Law, pg. 102)
ENVIRONMENTAL LAW GUIDELINES AND PRINCIPLES ON SHARED NATURAL RESOURCES
Principle 9 paragraph 3. States concerned should co-operate, in particular by means of agreed

contingency plans, when appropriate, and mutual assistance, in order to avert grave situations,
and to eliminate reduce or correct, as far as possible, the effects of such situations or events,

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ENVIRONMENTAL ISSUES

Abravanel: it did not violate principle 2 of rio and principle 21 of Stockholm

Resolution adopted by the General Assembly

ENVIRONMENTAL LAW GUIDELINES AND PRINCIPLES ON SHARED NATURAL RESOURCES

Principle 9 paragraph 3. States concerned should co-operate, in particular by means of agreed

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