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Presentation ROI DECLARATION

ENVIRONMENTAL LAW

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128 views24 pages

Presentation ROI DECLARATION

ENVIRONMENTAL LAW

Uploaded by

Shazadi Sadaquth
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The Rio Declaration on

Environment and Development

Rio 1992:
The Birth of Sustainable Development
A Landmark Document for Sustainable Development
The Rio Declaration was formed due to several key reasons in 1992:

Growing Concern About Environmental Degradation: By the late 20th century, there was a growing international
awareness of the environmental damage caused by human activities. Issues like air and water pollution, deforestation,
and the depletion of natural resources were becoming increasingly evident. The Rio Declaration aimed to address these
concerns and promote a more sustainable approach to development.

Lack of Integration Between Environment and Development: Historically, economic development often came at the
expense of the environment. The Rio Declaration sought to bridge this gap by emphasizing the need for sustainable
development, which meets the needs of the present without compromising the ability of future generations to meet their
own needs.

Need for Global Cooperation: Environmental problems like climate change and biodiversity loss transcend national
borders. The Rio Declaration recognized the need for international cooperation to address these challenges effectively. It
aimed to establish a new global partnership for sustainable development, bringing together countries from all regions of
the world.

Public Pressure for Action: By the 1990s, there was a growing public demand for environmental action. The Rio
Declaration responded to this public pressure by calling for the participation of all people in environmental decision-
making.The Rio Declaration was a landmark document that helped to shape international environmental law and policy. It
is not legally binding, but its principles continue to be relevant today as we grapple with the challenges of climate change,
biodiversity loss, and pollution.
The Rio Declaration on Environment and Development

The Rio Declaration on Environment and Development, also known as the Rio Declaration, is a landmark document that was
adopted at the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro, Brazil, in 1992. The
declaration is a non-binding but influential document that outlines 27 principles for sustainable development.
Introduction

The Rio Declaration is a set of principles for sustainable development that was adopted by over 170 countries at the
1992 Earth Summit in Rio de Janeiro. It is a non-binding but influential document that has helped to shape international
environmental law and policy. The declaration recognizes the need to integrate environmental protection with economic
development.

The Rio Declaration was a major step forward in international environmental law and policy. It helped to mainstream the
concept of sustainable development, which is the idea that we can meet the needs of the present without compromising
the ability of future generations to meet their own needs. The declaration also recognizes the importance of
environmental protection for human health and well-being.
Objectives

To establish a new global partnership to achieve sustainable development.


To protect the environment and conserve natural resources for development.
To eradicate poverty and improve the standard of living for all people.
To ensure a future where environmental needs are met without compromising economic development needs.

The Rio Declaration has four main objectives.

The first objective is to establish a new global partnership to achieve sustainable development. This means that all
countries, regardless of their level of development, need to work together to protect the environment and promote
sustainable development.

The second objective is to protect the environment and conserve natural resources for development. This means that we
need to use resources wisely and avoid environmental degradation.

The third objective is to eradicate poverty and improve the standard of living for all people. This means that we need to
address the root causes of poverty, such as lack of access to education, healthcare, and clean water.

The fourth objective is to ensure a future where environmental needs are met without compromising economic
development needs. This means that we need to find ways to grow the economy in a way that is sustainable.
Key Features

Sustainable development: The declaration recognizes the need to integrate environmental protection with economic
development.
Common but differentiated responsibilities: The declaration recognizes that developed countries have a greater
responsibility to address environmental problems because they have caused more damage and have greater resources.
Precautionary principle: The declaration states that we should take precautionary measures to protect the environment,
even if we are not sure of the full extent of the risks.
Public participation: The declaration calls for the participation of all people in environmental decision-making.

The Rio Declaration has four key features.

The first feature is sustainable development. The declaration recognizes that we need to find ways to meet the needs of the
present without compromising the ability of future generations to meet their own needs.

The second feature is common but differentiated responsibilities. The declaration recognizes that developed countries have
a greater responsibility to address environmental problems because they have caused more damage and have greater
resources.

The third feature is the precautionary principle. The declaration states that we should take precautionary measures to
protect the environment, even if we are not sure of the full extent of the risks.

The fourth feature is public participation. The declaration calls for the participation of all people in environmental decision-
making.
List of Countries Signed

Over 170 countries signed the Rio Declaration. Some of the signatory countries include:

Brazil
China
India
United States
United Kingdom
France
Germany
Russia
Japan
Canada

The Rio Declaration was a truly global agreement.

Over 170 countries signed the declaration, representing all regions of the world. This showed
a strong commitment to sustainable development from the international
Rio Earth Summit 1992 - Important Outcome

The Rio Earth Summit, also known as the UN Conference on Environment and Development (UNCED), was held in Rio de
Janeiro, Brazil, in 1992.The summit brought together over 170 countries and 100,000 people to discuss global
environmental issues. The Rio Declaration was one of the key outcomes of the summit.

The Rio Earth Summit was a landmark event in the history of international environmental cooperation.

The summit brought together world leaders, scientists, NGOs, and other stakeholders to discuss global environmental
issues.
The summit produced a number of important outcomes, including the Rio Declaration,
Agenda 21, and
the Convention on Biological Diversity.

The Rio Declaration was a non-binding but influential document that outlined 27 principles for sustainable development.

Agenda 21 was a comprehensive action plan for sustainable development.

The Convention on Biological Diversity was a legally binding agreement that aimed to conserve biological diversity. The
Rio Earth Summit helped to raise awareness of global environmental problems and to promote international cooperation
on addressing these problems.
Earth Summit 3 Agreements

The Rio Earth Summit produced three key agreements:

The Rio Declaration on Environment and Development


Agenda 21
The Convention on Biological Diversity

The Rio Earth Summit produced three key agreements that continue to shape international environmental law and policy
today. The first agreement is the Rio Declaration on Environment and Development. The Rio Declaration is a non-binding but
influential document that outlines 27 principles for sustainable development. The second agreement is Agenda 21. Agenda
21 is a comprehensive action plan for sustainable development that addresses a wide range of environmental, social, and
economic issues. The third agreement is the Convention on Biological Diversity. The Convention on Biological Diversity is a
legally binding agreement that aims to conserve biological diversity. These three agreements represent a significant step
forward in international environmental cooperation.
27 Principles of the Rio Declaration (Point-wise)

Principle 1: Human beings have the inherent right to freedom, equality and adequate living conditions in an
environment of a quality that permits a healthy and productive life.

Principle 2: States have, in accordance with the Charter of the United Nations and the principles of international law, the
right to exploit their own resources pursuant to their own environmental policies and the obligation 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: The right to development is an essential right of all human beings. Equity and ecological balance are
necessary elements for sustainable development.

Principle 4: In order to achieve sustainable development, environmental protection shall constitute an integral part of
the development process and cannot be considered in isolation from it.

Principle 5: All States and all people shall cooperate in the spirit of global partnership to conserve, protect and enhance
the environment. The responsibility to ensure environmental protection shall, in accordance with their capabilities, be
shared by developed countries and developing countries.

The Rio Declaration contains 27 principles for sustainable development. These principles cover a wide range of issues,
including the right to development, the need for environmental protection, and the importance of international
cooperation. The principles are not legally binding, but they have been influential in shaping international environmental
law and policy.
Principle 6: The special situation and needs of developing countries, particularly the least developed and those most
environmentally vulnerable, shall be given special consideration. International cooperation to ensure their sustainable
development and environmental protection is encouraged.

Principle 7: States shall take effective national measures to prevent the pollution of marine environment, as well as to
prevent, reduce and control pollution of the atmosphere, water, soil and living things.

Principle 8: States shall strive to reduce and eliminate unsustainable patterns of production and consumption and
promote policies which encourage resource efficiency and promote sustainable development.

Principle 9: All States have 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 10: States shall take all necessary measures to prevent environmental damage and shall develop contingency
plans for dealing with the consequences of accidents and natural disasters.

Principle 11: States shall cooperate in developing new environmentally sound technologies and improving existing
technologies.

Principle 12: States shall utilize their environmental impact assessment procedures not only in their own territories but
also in their activities outside their jurisdiction or control.
Principle 10 of the Rio Declaration emphasizes the importance of preventative measures and preparedness for
environmental damage. States are obligated to take all necessary steps to prevent environmental damage in the first
place. This includes implementing environmental regulations, conducting environmental impact assessments, and
promoting sustainable development practices. In addition, states are encouraged to develop contingency plans for
dealing with the consequences of accidents and natural disasters. These plans should outline how to respond to
environmental emergencies in a way that minimizes harm to human health and the environment.

Principle 11 recognizes the importance of technological innovation for achieving sustainable development. States are
encouraged to cooperate in developing new environmentally sound technologies and improving existing technologies.
This can involve sharing research and development resources, collaborating on technology transfer, and providing
financial assistance to developing countries. Environmentally sound technologies are those that help to protect the
environment and conserve resources. Examples include renewable energy technologies, energy-efficient appliances,
and pollution control

Principle 12 highlights the importance of environmental impact assessment (EIA) as a tool for sustainable
development. EIA is a process that identifies the potential environmental impacts of a proposed project or activity
and evaluates how those impacts can be mitigated. Principle 12 encourages states to utilize EIA procedures not only in
their own territories but also in their activities outside their jurisdiction or control. This could include activities such as
foreign investment projects or international development cooperation programs. By conducting EIAs, states can help
to ensure that their activities do not cause significant harm to the environment.
Principle 13: States shall share their knowledge concerning the prevention and mitigation of environmental damage and
shall cooperate in public awareness and education in environmental matters.

Principle 14: States shall endeavour to prevent transboundary pollution of the atmosphere, water and living things. States
shall also cooperate in managing shared natural resources, specially water resources, with a view to preventing pollution
and maintaining or improving the quality of the environment.

Principle 15: States shall cooperate in the peaceful settlement of environmental disputes. States are encouraged to
cooperate in the peaceful settlement of environmental disputes. This could involve negotiation, mediation, arbitration, or
adjudication. By resolving environmental disputes peacefully, states can avoid conflict and promote cooperation on
environmental protection.*

Principle 16: States shall address the environmental needs of developing countries in formulating global environmental
policies. Environmental measures addressing transboundary or global environmental problems should, as far as possible,
be based on an international consensus.

Principle 17: Environmental impact assessment for proposed activities which are likely to have a significant impact on the
environment and are subject to a decision of a national authority shall be mandatory. This principle makes EIA mandatory
for proposed activities that are likely to have a significant impact on the environment and are subject to a decision of a
national authority. EIA helps to ensure that potential environmental impacts are identified and assessed before a project is
approved. This allows for mitigation measures to be put in place to minimize or avoid environmental harm.
Principle 18: States shall inform and educate their public concerning the environment and its problems and the ways in
which the individual can participate in environmental protection efforts. States are obligated to inform and educate their
public concerning the environment and its problems. This could involve developing educational programs, supporting
environmental NGOs, and raising public awareness of environmental issues. The principle also encourages states to
educate the public about the ways in which individuals can participate in environmental protection efforts. This could
involve promoting recycling, reducing energy consumption, and supporting sustainable businesses. An informed and
engaged public is essential for achieving sustainable development.

Principle 19: States shall provide access to information concerning the environment, environmental impact assessments
and other environmental decisions. States are obligated to provide access to information concerning the environment,
environmental impact assessments, and other environmental decisions. This information should be accessible to the
public in a timely, transparent, and understandable manner. Public access to information is essential for holding
governments accountable for their environmental policies and for promoting public participation in environmental
decision-making.

Principle 20: States shall facilitate and encourage public participation in decision-making processes affecting the
environment. States are obligated to facilitate and encourage public participation in decision-making processes affecting
the environment. This could involve holding public hearings, providing opportunities for public comment, and supporting
the work of environmental NGOs. Public participation helps to ensure that environmental decisions are made in a
transparent and accountable manner. It also allows for the incorporation of different perspectives into decision-making,
which can lead to more effective and equitable environmental outcomes.
Principle 21: Non-governmental organizations (NGOs) playing an important role in environmental protection and
development shall be encouraged. States are encouraged to support and work with NGOs to achieve sustainable
development. NGOs can play a variety of roles in environmental protection, including research, education, advocacy, and
monitoring. They can also help to build public awareness of environmental issues and promote public participation in
environmental decision-making. By working with NGOs, states can leverage their expertise and resources to achieve
greater environmental outcomes.

Principle 22: States shall cooperate to ensure that indigenous people are empowered to participate fully in
environmental decision-making processes. States are obligated to cooperate to ensure that indigenous people are
empowered to participate fully in environmental decision-making processes. Indigenous peoples have a long history of
living in harmony with nature and possess a deep understanding of their local ecosystems. Their knowledge and
perspectives are essential for achieving sustainable development. Empowering indigenous people to participate in
environmental decision-making can help to ensure that their rights are protected and that their traditional knowledge is
incorporated into environmental policies and practices.

Principle 23: The right to development must be fulfilled in a way that equitably meets developmental and environmental
needs of present and future generations. The right to development must be fulfilled in a way that equitably meets the
developmental and environmental needs of present and future generations. This means that we need to meet the needs
of the present without compromising the ability of future generations to meet their own needs. We need to use
resources sustainably and avoid environmental degradation that could harm future generations. Achieving
intergenerational equity requires long-term thinking and planning. It also requires international cooperation to address
global environmental challenges.
Principle 24: War and armed conflict are inherently destructive of sustainable development. States shall resolve
environmental disputes peacefully and encourage peace for sustainable development. War and armed conflict are
inherently destructive of sustainable development. They can cause environmental damage, displace people, and disrupt
economic activity. Principle 24 calls on states to resolve environmental disputes peacefully and encourage peace for
sustainable development. Peaceful resolution of environmental disputes can help to avoid conflict and promote
cooperation on environmental protection. By promoting peace, states can create a more stable and sustainable future for
all.

Principle 25: Peace, development and environmental protection are interdependent and indivisible. We cannot achieve
sustainable development without peace and security. Conversely, we cannot maintain peace and security in a world that is
environmentally degraded. Addressing poverty, inequality, and other root causes of conflict is essential for achieving
sustainable development. Likewise, protecting the environment is essential for ensuring peace and security in the long
term. By working together to address these challenges, we can create a more just, peaceful, and sustainable world for all.

Principle 26: States shall address the environmental needs of developing countries in formulating global environmental
policies. Environmental measures addressing transboundary or global environmental problems should, as far as possible,
be based on an international consensus. Developed countries have a greater responsibility to address environmental
problems because they have caused more damage and have greater resources. Principle 16 calls on states to address the
environmental needs of developing countries in formulating global environmental policies. This could involve providing
financial assistance, technology transfer, and capacity building to developing countries. The principle also emphasizes the
importance of international consensus on environmental measures. Environmental measures addressing transboundary or
global environmental problems should, as far as possible, be based on an agreement between all affected states. This helps
to ensure that the measures are fair and effective.
Principle 27: States and individuals shall cooperate in good faith to implement Agenda 21,
which was adopted at the United Nations Conference on Environment and Development,
held in Rio de Janeiro, Brazil, from 3 to 14 June 1992. This principle calls on states and
individuals to cooperate in good faith to implement Agenda 21. Agenda 21 outlines a wide
range of actions that can be taken at the international, national, and local levels to achieve
sustainable development. By working together to implement Agenda 21, we can create a
more just, equitable, and sustainable future for all.
Landmark Cases:

Trail Smelter Arbitration (1941): This case between the United States and Canada established the principle of sic utere tuo
ut alienum non laedas, which translates to "so use your own property as not to injure that of another." This principle is
relevant to Principle 2 of the Rio Declaration, which states that countries have a responsibility to ensure their activities don't
damage the environment of other countries.

Churchill v. United States (1988): This U.S. Supreme Court case established the right of citizens to sue the government to
enforce environmental laws. This decision aligns with Principle 19 of the Rio Declaration, which guarantees public access to
information concerning the environment.

La Laguna Case (1997): This case involved a dispute between the Philippines and China over environmental damage caused
by Chinese fishing practices in the South China Sea. The case highlighted the challenges of addressing transboundary
environmental issues, which is addressed by Principle 14 of the Rio Declaration.

Olechowski v. Sweden (2003): This case before the European Court of Human Rights established a link between
environmental degradation and human rights. The court ruled that Sweden's failure to take adequate measures to address air
pollution violated the right to life and private life. This case aligns with Principle 1 of the Rio Declaration, which recognizes
the right to a healthy environment for a healthy life.
International Court of Justice (ICJ) Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons
(1996): This case, though not a dispute between nations, addressed the environmental consequences of nuclear weapons.
The ICJ recognized the potential for severe environmental damage from nuclear weapons use, which aligns with Principle
4 of the Rio Declaration that calls for environmental protection to be an integral part of development.

Vedanta Resources v. Claimant in the matter of The Vedanta (Resources) Limited and Others (2017): This case
involved a dispute between a British mining company and indigenous communities in India over the environmental and
social impacts of a proposed mining project. The UK Supreme Court held that the company had a duty to consult with the
indigenous communities, reflecting Principle 22 of the Rio Declaration which calls for empowering indigenous people to
participate in environmental decision-making.

Urgenda Foundation v. State of the Netherlands (2019): This case in the Netherlands found the government liable for
inadequate action on climate change. The court ruled that the government had a duty to take sufficient measures to protect
its citizens from the harmful effects of climate change. This case aligns with Principle 3 of the Rio Declaration, which
emphasizes the right to development that meets the needs of present and future generations.
Incidents:

Bhopal Gas Tragedy (1984): The industrial accident in Bhopal, India, which resulted in the release of toxic gas and
thousands of deaths, highlighted the need for stricter environmental regulations and corporate accountability. This
incident is a cautionary tale that aligns with Principle 13 of the Rio Declaration, which calls for states to share
knowledge concerning the prevention and mitigation of environmental damage.

Exxon Valdez Oil Spill (1989): This massive oil spill in Alaska brought international attention to the environmental
damage caused by the oil industry. The incident emphasizes the importance of Principle 17 of the Rio Declaration,
which mandates environmental impact assessments for proposed activities that could significantly impact the
environment.

Aral Sea Crisis: The drying up of the Aral Sea due to unsustainable water withdrawal for irrigation serves as a stark
reminder of the need for responsible resource management as outlined in Principle 8 of the Rio Declaration

Fukushima Daiichi nuclear disaster (2011): This nuclear accident in Japan resulted in the release of radioactive
materials, causing widespread environmental contamination and health concerns. It emphasized the need for stricter
safety regulations and responsible management of nuclear energy, as envisioned in Principle 17 of the Rio
Declaration which calls for environmental impact assessments.
Dust Bowl (1930s): This ecological disaster in the United States and Canada was caused by unsustainable agricultural
practices and extreme drought. The Dust Bowl serves as a stark reminder of Principle 8 of the Rio Declaration, which
emphasizes the need for sustainable resource management and avoiding unsustainable patterns of production and
consumption.
The Great Pacific Garbage Patch: This massive accumulation of plastic debris in the Pacific Ocean highlights the global
problem of plastic pollution. It emphasizes the need for Principle 9 of the Rio Declaration, which calls on states to prevent
transboundary environmental damage. It also highlights Principle 8's focus on reducing unsustainable consumption patterns.
Deforestation of the Amazon Rainforest: The ongoing deforestation of the Amazon, often driven by illegal logging and
cattle ranching, has significant environmental consequences. It contributes to climate change, biodiversity loss, and disrupts
the livelihoods of indigenous communities. This deforestation is a challenge to Principle 14 of the Rio Declaration which
calls for cooperation in managing shared natural resources and preventing environmental damage.
The Deepwater Horizon oil spill (2010): This massive oil spill in the Gulf of Mexico caused extensive environmental
damage to marine ecosystems and coastal communities. It highlighted the need for stricter regulations on offshore drilling
and improved safety measures, aligning with Principle 7 of the Rio Declaration which calls for measures to prevent pollution.
Issues:

Climate Change: The ongoing challenge of climate change is a major environmental issue that the Rio Declaration did not
explicitly address. However, the principles of sustainable development and international cooperation enshrined in the
declaration are crucial for addressing this global threat.

Biodiversity Loss: The rapid decline in plant and animal species is another key environmental issue. Principle 1 of the Rio
Declaration recognizes the right to development, but it must be balanced with the need to conserve biodiversity for future
generations.

Environmental Justice: The unequal distribution of environmental burdens and benefits is a pressing issue. Principle 16 of
the Rio Declaration calls on states to address the environmental needs of developing countries, which is a key aspect of
achieving environmental justice.

E-waste: The rapid growth of electronic waste (e-waste) is a major environmental challenge. E-waste contains hazardous
materials that can pollute the environment if not disposed of properly. This issue relates to Principle 18 of the Rio
Declaration, which calls for public education concerning environmental problems. Raising awareness about e-waste and
promoting responsible disposal practices is crucial.

Desertification: Land degradation and desertification are major threats, particularly in Africa. These issues are driven by
climate change, unsustainable land use practices, and deforestation. They create challenges for food security and livelihoods,
and contribute to mass migration. Addressing desertification aligns with Principle 9 of the Rio Declaration concerning
transboundary environmental problems and Principle 15 on peaceful settlement of environmental disputes. International
cooperation is needed to combat desertification.
Water Scarcity: Water scarcity is a growing problem in many parts of the world due to factors like population growth,
climate change, and pollution. This issue highlights the importance of Principle 7 of the Rio Declaration, which calls for
measures to prevent pollution of water resources. Sustainable water management practices are essential to address water
scarcity.

Loss of Pollinators: The decline of bee populations and other pollinators due to pesticide use and habitat loss has
significant consequences for food production and ecosystems. This issue aligns with Principle 5 of the Rio Declaration,
which calls for the conservation of biological diversity and the preservation of natural habitats.

Ocean Acidification: The absorption of carbon dioxide from the atmosphere is causing the ocean to become more acidic.
This poses a threat to marine ecosystems, particularly organisms that build shells and skeletons from calcium carbonate.
Ocean acidification highlights the urgency of addressing climate change, which is a core concern of the Rio Declaration's
principles on sustainable development and international cooperation.
Impactful conclusion:

The Rio Declaration remains a cornerstone of international environmental law, promoting sustainable development and
global cooperation. While challenges persist, its principles offer a roadmap for a future where environmental protection and
economic progress go hand in hand.

This conclusion emphasizes the lasting significance of the Rio Declaration, acknowledges ongoing environmental issues,
and offers a hopeful outlook for achieving sustainable development.

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