Basic Principles of environmental law ..continue 11/17/2018

4. Environmental Justice and public trust In general, environmental justice seeks to ensure that authorities fairly allocate and regulate scarce resources to ensure that the benefits of environmental resources, the costs associated with protecting them, and any degradation that occurs (i.e. all the benefits and burdens) are equitably shared by all members of society. 11/17/2018

4. Environmental Justice and public trust The concept of public trust expresses the idea that the present generation holds the natural resources of the earth in trust for future generations. When applicable as a legal principle, public trust contemplates that certain things, such as natural resources and the exercise of public power, are held by governments in trust for the citizenry and must be used for the public benefit 11/17/2018

5. The Integration Principle Environmental protection requires integration of environmental, economic, cultural, and social considerations into a decision making process in a manner that promotes care for the environment to achieve a sustainability of life style and developments 11/17/2018

6. The Public-Participation Principle Generally, government decisions to set environmental standards for specific types of pollution, to permit significant environmentally damaging activities, or to preserve significant resources are made only after the impending decision has been formally and publicly announced and the public has been given the opportunity to influence the decision through written COMMENTS or HEARINGS. 11/17/2018

6. The Public-Participation Principle In many countries citizens may challenge government decisions affecting the environment in court or before administrative bodies. These citizen lawsuits have become an important component of environmental decision making at both the national and the international level. 11/17/2018

7. The Obligation of States Not to Cause Damage to the Environment beyond Their Jurisdiction Expressions of this principle are found in binding international instruments. An example is the 1982 UN Convention on the Law of the Sea: “States shall take all measures necessary to ensure that activities under their jurisdiction or control are so conducted as not to cause damage by pollution to other States and their environment, and that pollution arising from incidents or activities under their jurisdiction or control does not spread beyond the areas where they exercise sovereign rights in accordance with this Convention.” 11/17/2018

Significance harm or serious consequence 7. The Obligation of States Not to Cause Damage to the Environment beyond Their Jurisdiction The general substantive obligation inherent in this principle is a duty to prevent, reduce and control trans-frontier environmental harm. However, this obligation is neither absolute nor very precise. Significance harm or serious consequence Due diligence: responsible with due regard to the interests of other States. 11/17/2018

8. Shared Natural Resources, Common Property and Common Heritage of Man Kind Another group of problems are linked to the management of resources which are either shared between several states, or common in the sense that they are outside the area of national jurisdiction. 11/17/2018

A. Shared Natural Resources The concept of “Shared Natural resources ” is used when one natural resource comes under the jurisdiction of several states. A Lake bordered by two or more states, or a River running through the territory of several states are typical examples. equitable utilization balancing the various interests of the states concerned. 11/17/2018

B. Common Property Common property refers mainly to the living resources outside national jurisdiction, such as fish stocks and other living resources on the high seas. These resources are in principle free for the legitimate and reasonable use by all states. 11/17/2018

C. Common Heritage of Mankind The concept refers to two specific non­living resources outside national jurisdiction: the sea-bed mineral resources and the Moon. In principle, all states should share the benefits of these resources, even if they don’t take directly part in their exploitation. Although there is some debate as to the actual origin of the concept of CHM, there is no doubt that the concept actually assumed prominence after the speech of Arvid Pardo, the Maltese ambassador to the United Nations, delivered at the United Nations General Assembly in November 1967, calling for the deep seabed beyond national jurisdiction and the resources contained therein to be declared the common heritage of mankind. This speech, which provided the most comprehensive and properly articulated proposal on the concept, was motivated by reports of rich resources in this part of the sea, and by the possibility that the rich states with the technology to do so would unilaterally exploit the resources to the exclusion of poorer states.  11/17/2018

C. Common Heritage of Mankind The Law of the Sea Convention regulates the utilization of the sea-bed resources outside national jurisdiction. In the Convention this is called “the Area”. It simply states: “The Area and its resources are the common heritage of mankind”. An International Sea-Bed Authority shall administer these Resources on behalf of mankind. 11/17/2018

9. The Principle of Sustainable Development sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. ecotourism. Although tourism poses the threat of environmental harm from pollution and the overuse of natural resources, it also can create economic incentives for the preservation of the environment in developing countries and increase awareness of unique and fragile ecosystems throughout the world 11/17/2018

9. The Principle of Sustainable Development Sustainable development is an approach to economic planning that attempts to foster economic growth while preserving the quality of the environment for future generations. development will only be ‘sustainable’ if it benefits the disadvantaged, without disadvantaging the needs of the future.  For sustainable development to be achieved, it is crucial to harmonize three core elements: economic growth, social inclusion and environmental protection. These elements are interconnected and all are crucial for the well-being of individuals and societies. 11/17/2018

Questions?? 11/17/2018