Abstract
The 1992 Rio Principles confirm the responsibilities of all countries to prevent damage outside their borders, to use the precautionary approach, to internalize environmental costs, to prepare environmental impact assessments with full public participation, and to consult with other affected countries whenever planned activities may cause harm to others. These Principles are primarily procedural, however, and they ignore the need to protect biodiversity and rare and fragile ecosystems, as well as the substantive ideas encompassed in the Public Trust Doctrine. Principle 13 chides nations for their reluctance to develop mechanisms to ensure liability and facilitate compensation for environmental damage caused to areas beyond national jurisdiction. Recent initiatives at the World Bank and through NAFTA provide useful examples of how environmental concerns can be incorporated into international decision making.
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