Chapter 2: Basic Principles of Environmental Law (Vocabulary Flashcards)

Vocabulary flashcards covering core environmental law principles discussed in the notes.

General principles of international law

Broad, sweeping standards inferred from treaty and customary rules; fill gaps in the normative network and bind together diverse rules.

Prevention

Golden rule of environmental protection: avoid harm through measures like impact assessment, licensing, and best available techniques (BAT); prevents costly remediation.

Precaution

Approach to regulation when scientific certainty is lacking, urging proactive measures to prevent serious or irreversible environmental damage (Rio Declaration Principle 15).

Polluter Pays Principle

Polluters bear the costs of pollution control and internalize environmental externalities, often via taxes, charges, or pricing that reflects true environmental costs.

Environmental Justice and Equity

Fair distribution of environmental benefits and burdens; addresses disproportionate impacts on the poor and minority groups; includes intra- and inter-generational equity.

Public Trust

Idea that natural resources are held by the state in trust for the public, with a duty to protect them for current and future generations.

Integration Principle

Environmental considerations must be integrated into decision-making processes across sectors, often via impact assessment and sustainable planning.

Public-Participation Principle

Public inputs and access to information in environmental decisions, including hearings and comment opportunities (e.g., Aarhus principles).

Obligation not to cause trans-boundary environmental damage

States must prevent cross-border pollution; require due diligence and measures to avoid harm to other states and their environments.

Shared Natural Resources

Resources situated in or spanning multiple states; require cooperative management and equitable utilization (e.g., fish stocks across EEZs).

Common Property

Living resources outside national jurisdiction (high seas) that are generally open to use with conservation and equitable exploitation safeguards.

Common Heritage of Humankind

Non-living resources outside national jurisdiction (e.g., seabed minerals, Moon) that belong to humankind and are managed for all; Area administered for the benefit of all.

Sustainable Development

Development that meets present needs without compromising future generations; integrates economic development with environmental protection; emphasizes equity and differentiated responsibilities.

Agenda 21

UN Conference on Environment and Development (1992) action programme to implement sustainable development globally.

Stockholm Declaration

Foundational environmental principles (1972); later reinforced by the 1982 World Charter for Nature.

Rio Declaration

1992 declaration promoting sustainable development; emphasizes integrating environment and development, with Principle 4 on integration.

Espoo Convention

1991 Convention on Environmental Impact Assessment in a Transboundary Context; requires notification, information sharing, and consultations; nondiscrimination.

Trail Smelter (due diligence)

Arbitral precedent establishing that states must exercise due diligence to prevent cross-border pollution; liability for failure to do so.

Best Available Techniques (BAT)

Standards and techniques considered state-of-the-art for preventing pollution; used in regulatory frameworks to curb emissions.

Due Diligence (state responsibility)

Reasonable, good-faith measures to prevent harm; a key standard in determining state liability for transboundary environmental damage.