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GENERAL
A/CONF.151/26 (Vol. III)
14 August 1992
ORIGINAL: ENGLISH
REPORT OF THE UNITED NATIONS CONFERENCE ON
ENVIRONMENT AND DEVELOPMENT
(Rio de Janeiro, 3-14 June 1992)
Chapter 39
INTERNATIONAL LEGAL INSTRUMENTS AND MECHANISMS
Basis for action
39.1. The recognition that the following vital aspects of the
universal, multilateral and bilateral treaty-making process should be
taken into account:
(a) The further development of international law on sustainable
development, giving special attention to the delicate balance between
environmental and developmental concerns;
(b) The need to clarify and strengthen the relationship between
existing international instruments or agreements in the field of
environment and relevant social and economic agreements or instruments,
taking into account the special needs of developing countries;
(c) At the global level, the essential importance of the
participation in and the contribution of all countries, including the
developing countries, to treaty making in the field of international
law on sustainable development. Many of the existing international
legal instruments and agreements in the field of environment have been
developed without adequate participation and contribution of developing
countries, and thus may require review in order to reflect the concerns
and interests of developing countries and to ensure a balanced
governance of such instruments and agreements;
(d) Developing countries should also be provided with technical
assistance in their attempts to enhance their national legislative
capabilities in the field of environmental law;
(e) Future projects for the progressive development and
codification of international law on sustainable development should
take into account the ongoing work of the International Law Commission;
(f) Any negotiations for the progressive development and
codification of international law concerning sustainable development
should, in general, be conducted on a universal basis, taking into
account special circumstances in the various regions.
Objectives
39.2. The overall objective of the review and development of
international environmental law should be to evaluate and to promote
the efficacy of that law and to promote the integration of environment
and development policies through effective international agreements or
instruments taking into account both universal principles and the
particular and differentiated needs and concerns of all countries.
39.3. Specific objectives are:
(a) To identify and address difficulties which prevent some
States, in particular developing countries, from participating in or
duly implementing international agreements or instruments and, where
appropriate, to review and revise them with the purposes of integrating
environmental and developmental concerns and laying down a sound basis
for the implementation of these agreements or instruments;
(b) To set priorities for future law-making on sustainable
development at the global, regional or subregional level, with a view
to enhancing the efficacy of international law in this field through,
in particular, the integration of environmental and developmental
concerns;
(c) To promote and support the effective participation of all
countries concerned, in particular developing countries, in the
negotiation, implementation, review and governance of international
agreements or instruments, including appropriate provision of technical
and financial assistance and other available mechanisms for this
purpose, as well as the use of differential obligations where
appropriate;
(d) To promote, through the gradual development of universally
and multilaterally negotiated agreements or instruments, international
standards for the protection of the environment that take into account
the different situations and capabilities of countries. States
recognize that environmental policies should deal with the root causes
of environmental degradation, thus preventing environmental measures
from resulting in unnecessary restrictions to trade. Trade policy
measures for environmental purposes should not constitute a means of
arbitrary or unjustifiable discrimination or a disguised restriction on
international trade. Unilateral actions to deal with environmental
challenges outside the jurisdiction of the importing country should be
avoided. Environmental measures addressing international environmental
problems should, as far as possible, be based on an international
consensus. Domestic measures targeted to achieve certain environmental
objectives may need trade measures to render them effective. Should
trade policy measures be found necessary for the enforcement of
environmental policies, certain principles and rules should apply.
These could include, inter alia, the principle of non-discrimination;
the principle that the trade measure chosen should be the least
trade-restrictive necessary to achieve the objectives; an obligation to
ensure transparency in the use of trade measures related to the
environment and to provide adequate notification of national
regulations; and the need to give consideration to the special
conditions and development requirements of developing countries as they
move towards internationally agreed environmental objectives;
(e) To ensure the effective, full and prompt implementation of
legally binding instruments and to facilitate timely review and
adjustment of agreements or instruments by the parties concerned,
taking into account the special needs and concerns of all countries, in
particular developing countries;
(f) To improve the effectiveness of institutions, mechanisms
and procedures for the administration of agreements and instruments;
(g) To identify and prevent actual or potential conflicts,
particularly between environmental and social/economic agreements or
instruments, with a view to ensuring that such agreements or
instruments are consistent. Where conflicts arise they should be
appropriately resolved;
(h) To study and consider the broadening and strengthening of
the capacity of mechanisms, inter alia, in the United Nations system,
to facilitate, where appropriate and agreed to by the parties
concerned, the identification, avoidance and settlement of
international disputes in the field of sustainable development, duly
taking into account existing bilateral and multilateral agreements for
the settlement of such disputes.
Activities
39.4. Activities and means of implementation should be considered in
the light of the above basis for action and objectives, without
prejudice to the right of every State to put forward suggestions in
this regard in the General Assembly. These suggestions could be
reproduced in a separate compilation on sustainable development.
A. Review, assessment and fields of action in international
law for sustainable development
39.5. While ensuring the effective participation of all countries
concerned, Parties should at periodic intervals review and assess both
the past performance and effectiveness of existing international
agreements or instruments as well as the priorities for future law
making on sustainable development. This may include an examination of
the feasibility of elaborating general rights and obligations of
States, as appropriate, in the field of sustainable development, as
provided by General Assembly resolution 44/228. In certain cases,
attention should be given to the possibility of taking into account
varying circumstances through differential obligations or gradual
application. As an option for carrying out this task, earlier UNEP
practice may be followed whereby legal experts designated by
Governments could meet at suitable intervals, to be decided later, with
a broader environmental and developmental perspective.
39.6. Measures in accordance with international law should be
considered to address, in times of armed conflict, large-scale
destruction of the environment that cannot be justified under
international law. The General Assembly and its Sixth Committee are
the appropriate forums to deal with this subject. The specific
competence and role of the International Committee of the Red Cross
should be taken into account.
39.7. In view of the vital necessity of ensuring safe and
environmentally sound nuclear power, and in order to strengthen
international cooperation in
this field, efforts should be made to conclude the ongoing negotiations
for a nuclear safety convention in the framework of the International
Atomic Energy Agency.
B. Implementation mechanisms
39.8. The parties to international agreements should consider
procedures and mechanisms to promote and review their effective, full
and prompt implementation. To that effect, States could, inter alia:
(a) Establish efficient and practical reporting systems on the
effective, full and prompt implementation of international legal
instruments;
(b) Consider appropriate ways in which relevant international
bodies, such as UNEP, might contribute towards the further development
of such mechanisms.
C. Effective participation in international law making
39.9. In all these activities and others that may be pursued in the
future, based on the above basis for action and objectives, the
effective participation of all countries, in particular developing
countries, should be ensured through appropriate provision of technical
assistance and/or financial assistance. Developing countries should be
given "headstart" support not only in their national efforts to
implement international agreements or instruments, but also to
participate effectively in the negotiation of new or revised agreements
or instruments and in the actual international operation of such
agreements or instruments. Support should include assistance in
building up expertise in international law particularly in relation to
sustainable development, and in assuring access to the necessary
reference information and scientific/technical expertise.
D. Disputes in the field of sustainable development
39.10. In the area of avoidance and settlement of disputes, States
should further study and consider methods to broaden and make more
effective the range of techniques available at present, taking into
account, among others, relevant experience under existing international
agreements, instruments or institutions and, where appropriate, their
implementing mechanisms such as modalities for dispute avoidance and
settlement. This may include mechanisms and procedures for the
exchange of data and information, notification and consultation
regarding situations that might lead to disputes with other States in
the field of sustainable development and for effective peaceful means
of dispute settlement in accordance with the Charter of the United
Nations, including, where appropriate, recourse to the International
Court of Justice, and their inclusion in treaties relating to
sustainable development.
END OF CHAPTER 39
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