General principles and rules

Abstract

Introduction This chapter describes the general principles and rules of international environmental law as reflected in treaties, binding acts of international organisations, state practice, and soft law commitments. These principles are general in the sense that they are potentially applicable to all members of the international community across the range of activities which they carry out or authorise and in respect of the protection of all aspects of the environment. From the large body of international agreements and other acts, it is possible to discern general rules and principles which have broad, if not necessarily universal, support and are frequently endorsed in practice. These are: the obligation reflected in Principle 21 of the Stockholm Declaration and Principle 2 of the Rio Declaration, namely, that states have sovereignty over their natural resources and the responsibility not to cause transboundary environmental damage; the principle of preventive action; the principle of co-operation; the principle of sustainable development; the precautionary principle; the polluter-pays principle; and the principle of common but differentiated responsibility. In the absence of judicial authority and in view of the conflicting interpretations under state practice, it is frequently difficult to establish the parameters or the precise international legal status of each general principle or rule.