The United Nations Conference On Environment and Development (Unced)
The United Nations Conference On Environment and Development (Unced)
(UNCED)
The UNCED (also called Earth Summit/Rio Conference) took place in Rio
de Janeiro, Brazil, from 3-14 June 1992, 20 years after the Stockholm
Conference attended by 176 states, more than 50 governmental
organizations, 7000 of non-governmental organizations and more than
30,000 participants.
Contents of Rio Conference:
At the historic Rio Conference 5 new legal instruments to address global
environmental problems were adopted, two of them binding and three of
them non-binding.
The two binding instruments include:
Agenda 21
also includes new principles which have not been universally accepted
before, such as the right to development.
Features/Characteristics of Rio Declaration:
As a Declaration, it does not have a legally binding instrument. However, it
is relevant for environmental law for different reasons
First, as its preamble state, it can be considered as a step towards:
international agreements which respect the interests of all and protect
the integrity of the global environmental and developmental system.
Second point is that it assertedly repeats and confirms international legal
principles, which are more and more generally, accepted as customary rules.
Third, it formulates new principles, which may be considered as emerging
rules.
PRINCIPLE 1: Right to environment
Human beings are at the centre of concerns for sustainable development.
They are entitled to a healthy and productive life in harmony with nature.
PRINCIPLE 2: State Obligation
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 3: Right to Development (Sustainable Development)
Develop this principle for the first time in history.
The right to development must be fulfilled so as to equitably meet
developmental and environmental needs of present and future generations.
PRINCIPLE 7: common but differentiated responsibilities
States shall co-operate in a spirit of global partnership to conserve, protect
and restore the health and integrity of the Earth's ecosystem. In view of the
different contributions to global environmental degradation, States have
common but differentiated responsibilities..
PRINCIPLE 11: Enactment of Effective Environmental Legislation
States shall enact effective environmental legislation. Environmental
standards, management objectives and priorities should reflect the
environmental and developmental context to which they apply. Standards
applied by some countries may be inappropriate and of unwarranted
economic and social cost to other countries, in particular developing
countries.