UNEP GLOBAL JUDGES PROGRAMME
APPLICATION OF ENVIRONMENTAL LAW BY NATIONAL
COURTS AND TRIBUNALS
PRESENTATION 1
INTRODUCTION
OUTLINE OF PRESENTATION
A) What is Sustainable Development ?
B) Judges and Sustainable Development
C) Attributes of Environmental Problems
D) Sustainable Development Concepts
WHAT IS
“SUSTAINABLE DEVELOPMENT”
“Development that
meets the needs of
the present without
compromising the
ability of future
generations to meet
their own needs”
Judges and Sustainable
Development Generally
Why are we here?
What do judges bring to the equation?
The balance between environmental,
social and economic considerations
Promoting respect for environmental law
UNEP GLOBAL JUDGES PROGRAMME
“the deficiency in the knowledge, relevant
skills and information in regard to
environmental law is one of the principal
causes that contributes to the lack of
effective implementation, development and
enforcement of environmental law”.
Johannesburg 2002
ENVIRONMENT
Australia
Australia
Environment Protection and Biodiversity
Conservation Act s 528 "environment" includes:
- (a) ecosystems and their constituent parts,
including people and communities;
- (b) natural and physical resources;
- (c) the qualities and characteristics of
locations, places and areas;
- (d) heritage values of places; and
- (e) the social, economic and cultural aspects of
a thing mentioned in paragraph (a), (b) or (c)
Canada
Canadian Environment Protection Act 1999 s3(1)
“Environment” means the components of the
Earth and includes
- (a) air, land and water;
- (b) all layers of the atmosphere;
- (c) all organic and inorganic matter and living
organisms; and
- (d) the interacting natural systems that include
components referred to in paragraphs (a)
to (c).
Egypt
Egypt's Law No. 4 Concerning Environment;
Official Journal Issue No. 5, 3 February 1994:
Environment, is meant to denote the VITAL
SURROUNDINGS which comprises the living
creatures and its contents of materials, as well
as the air, water, and earth within its compass,
and the establishments set up by man.
Slovenia
Republic of Slovenia The Environmental Protection Act, June 2, 1993:
The environment is that part of nature, which is or could be influenced
by human activity. The natural environment comprises primordial
nature and the nature, which has been transformed by man. The
living environment is that part of the environment which influences
man directly. Within this Act, developed or other technological
environments are part of the environment only as factors of
environmental change.
- Nature is the whole of the material world and the structure of
natural laws governing its mutually linked and interdependent
elements and processes. Man is an integral part of nature.
1.2 Natural elements are the soil, water, air, flora, and fauna which
form the lithosphere, pedosphere, hydrosphere, atmosphere, and
biosphere.
1.3 Natural factors are physico-chemical processes, relief, climate,
hydrographical and biological conditions and other factors, which
cause changes in the environment. Environmental factors also
include the influences of human activity.
Slovenia (contd.)
An ecosystem is a dynamic system of a biotope and biocoenosis, which
appears as a combination of natural elements and natural factors,
which react reciprocally as a functional unit.
A habitat is the usual biotope of an individual organism or population.
Natural resources are those components of nature, which are essential
for the satisfaction of man's physical and material needs and interests,
and may be exclusively or at the same time natural national assets,
stock or flow resources, or non-expendable natural resources. Rare,
precious, or more valuable natural resources shall be considered a
national treasure.
Natural national assets comprise areas in public ownership that is,
undeveloped parts of a public resource on land, under the ground in
water, sea, and air, allowing access and movement to everybody under
equal conditions.
Stock and flow resources are renewable or non-renewable elements,
which are directly or indirectly economically exploitable.
Non-expendable natural resources are, in addition to rare and precious
natural phenomena, other valuable phenomena, components, or parts
of organic or inorganic nature, natural regions or parts of natural
regions, plant and animal species and their biotopes, ecosystems, parts
of the natural and cultural landscape, and objects of developed nature.
St. Kitts & Nevis
The National Conservation and Environment
Protection Act 1987, No. 5 of 1987, St. Kitts
and Nevis:
“environment” means the physical factors of
the surroundings of human beings including
the land, soil, water, atmosphere, climate,
sound, odours, tastes, and the biological
factors of animals and plants of every
description.
ATTRIBUTES OF
ENVIRONMENTAL PROBLEMS
Interconnectedness of Ecosystems
The Pollution Phenomenon
The Natural Resource Challenge
Influence of Science
Political/Economic Impacts
ENVIRONMENTAL
INTERDEPENDENCE
THE POLLUTION PHENOMENON
Pollution Sources
Behavior of Pollution in the Environment
Pollution Impacts
On human health
On natural resources and systems
THE NATURAL RESOURCES
CHALLENGE
Conservation versus depletion of nonrenewable
resources
Sound management of renewable resources
Protection of habitat and food chain
Protection of natural treasures
Pollution impacts
INFLUENCE OF SCIENCE
Human heath impacts (toxicity, exposure,risk)
Causal connections
Pollution synergies and “cumulative”
impacts
Biological responses
Evaluating natural resource degradation
Evaluating impacts on natural phenomenon
(e.g., weather)
POLITICAL/ECONOMIC IMPACTS
Economic loss associated with pollution
Economic loss associated with loss of
natural resources base
Political instability caused by:
• Competition over scarce
natural resources
• Cross-border pollution
KEY ELEMENTS OF SUSTAINABLE
DEVELOPMENT
ECONOMIC
• Efficiency
• Growth
• Stability
• Poverty • Biodiversity / Resilience
• Consultation/ Empowerment • Natural Resources
• Culture / Heritage • Pollution
- Intergenerational equity
SOCIAL - Public participation ENVIRONMENTAL
THE ROAD TO SUSTAINABLE
DEVELOPMENT AS A COMMON
CONCERN
Experience within States
The 1972 Stockholm Declaration
The 1992 Rio Declaration
The 2002 Johannesburg World Summit
on Sustainable Development
STOCKHOLM: RESPONSIBILITY
FOR TRANSBOUNDARY HARM
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
their national jurisdiction.
Rio– Achieving a Mind-Shift
FROM TO
Environment - Divisible & Interdependence of
Separate Environment
Compartmentalized Partnership & Collective
Management Decision Making
Development of Laws & Continued Development of
Institutions Law and Implementation,
Including Enforcement
Piece-meal implementation Explore Cross-Cutting,
of MEAs at National Level National-Level Approaches
for Efficient Implementation
Government as Sole Partnership with Civil
Decision Maker
Society & Private Sector
Global Politics & National Self Interests
Demand Sustainable use
Implementation of MEAs of Resources and
Reduction of Pollution
DPDL & ROAP
UNEP’s Environmental Law Activities in the Asia- Pacific Region
JOHANNESBURG SUMMIT
Recognized the 3 components of
sustainable development: economic
development, social development and
environmental protection
Good governance at the national level as a
primary delivery vehicle for sustainable
development
SELECTED CONCEPTS FROM
THE RIO DECLARATION
PREVENTION
ENVIRONMENTAL IMPACT ASSESSMENT
POLLUTER PAYS
PRECAUTION
PUBLIC RIGHTS: PARTICIPATION, ACCESS TO JUSTICE
INTER -GENERATIONAL EQUITY
SPECIAL STATUS OF INDIGENOUS PEOPLES
PREVENTION
Concept encouraging the prevention of
damage to the environment and to reduce,
limit or control activities which might cause or
risk such damage
Take action at an early stage, and if possible,
before damage occurs
ENVIRONMENTAL IMPACT
ASSESSMENT
Principle 17 Rio Declaration calls for all
countries to use EIA in decisions on
development
The level of assessment depends on the
potential for environmental harm
Courts interpret and apply legislation on EIA
POLLUTER PAYS
Internalization of environmental costs
As between the general public and the
polluting enterprise, the polluter should pay
for the consequences of its pollution
PRECAUTION
The precautionary approach aims to provide
guidance in the development and
application of environmental law where
there is scientific uncertainty.
ACCESS TO JUSTICE, PUBLIC
PARTICIPATION AND
INFORMATION
In the wake of the Rio Declaration, the world
has seen a shift in the direction of greater
public access to environmental information
and to the courts.
INTERGENERATIONAL EQUITY
“The right to development must be fulfilled
so as to equitably meet developmental and
environmental needs of present and future
generations”
ACCESS AND BENEFIT SHARING OF
NATURAL RESOURCES FOR
INDIGENOUS COMMUNITIES
At the international and national levels, there
has been increased recognition of the special
needs by Indigenous and other local
communities for access to benefits
of the natural resources on which
they rely for their livelihood and
existence
CONCLUSION
Individual states and the international
community at large have come to recognize
sustainable development as an overarching
paradigm for improving the quality of human
life
