Principle 21 of Stockholm Declaration | International Environmental Law | PUBLIC INTERNATIONAL LAW

Principle 21 of the Stockholm Declaration: International Environmental Law

Introduction to the Stockholm Declaration

The Stockholm Declaration on the Human Environment, adopted during the United Nations Conference on the Human Environment in 1972, is a foundational document in the development of international environmental law. It represents the first global recognition of environmental protection as an integral component of sustainable development. The Declaration sets out several principles to guide states in their environmental actions, one of which is Principle 21.

Principle 21: Key Provisions

Principle 21 of the Stockholm Declaration states:

"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 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."

This principle encapsulates two fundamental tenets of international environmental law:

1. Sovereignty over Natural Resources: The right of states to utilize and manage their natural resources according to their national policies.
2. Duty to Prevent Environmental Harm: The responsibility of states to prevent their activities from causing environmental damage to other states or areas beyond their jurisdiction.

Elements of Principle 21

1. Sovereign Right to Exploit Resources

   • States possess sovereign control over the natural resources within their territories. This is aligned with the principle of state sovereignty under customary international law.
   • The right to exploit resources includes the freedom to develop policies concerning the management, conservation, and utilization of these resources.
   • However, this right is not absolute. States must exercise it in accordance with their international obligations and ensure environmental protection.

2. Environmental Responsibility

   • No-Harm Rule: Principle 21 introduces a limitation on state sovereignty by imposing the duty not to cause environmental harm beyond national borders. This is a reflection of the no-harm principle, a customary rule of international law, requiring states to prevent, reduce, or control activities within their jurisdiction or control that could cause environmental damage to other states or the global commons.
   • The due diligence standard applies here, meaning that states must take all necessary precautions to avoid significant environmental harm to other states or areas beyond their national jurisdiction.

3. International Law and Environmental Policies

   • Principle 21 ties the exploitation of natural resources and environmental responsibility to the Charter of the United Nations and general principles of international law.
   • This emphasizes that the sovereignty of states over their natural resources must be exercised in good faith, respecting international environmental obligations and cooperative efforts to address global environmental challenges.

Legal Status of Principle 21

Although the Stockholm Declaration itself is not a legally binding treaty, Principle 21 has been recognized as a norm of customary international law. This has been affirmed in several international legal instruments and case law.

1. United Nations General Assembly Resolution 2995 (XXVII)

   • The 1972 resolution confirmed that the Stockholm Declaration, and particularly Principle 21, reflects the emerging norms of international environmental responsibility.

2. Subsequent Treaties and Declarations

   • Principle 2 of the Rio Declaration on Environment and Development (1992) largely reaffirms Principle 21, strengthening its status in international law.
   • Various multilateral environmental agreements (MEAs), such as the Convention on Biological Diversity (CBD) and the United Nations Framework Convention on Climate Change (UNFCCC), incorporate the principles of sovereignty over resources and responsibility to avoid transboundary harm.

3. Case Law

   • Trail Smelter Arbitration (1941): Although predating the Stockholm Declaration, this case between the United States and Canada recognized the principle that no state has the right to use or permit the use of its territory in such a way as to cause injury by fumes in or to the territory of another state. This established the no-harm rule as a principle of international law.
   • ICJ Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons (1996): The International Court of Justice (ICJ) referred to Principle 21 when affirming that states have a general obligation to ensure that activities within their jurisdiction and control respect the environment of other states and areas beyond national jurisdiction.

Interaction with Other Principles of International Environmental Law

1. Sustainable Development

   • Principle 21 supports the broader objective of sustainable development, which seeks a balance between economic development and environmental protection. States must exploit their resources in a way that ensures environmental sustainability and does not harm future generations.

2. Precautionary Principle

   • The precautionary approach to environmental protection, endorsed in later declarations such as the Rio Declaration, complements Principle 21 by requiring states to take preventive action when there is a risk of significant environmental harm, even in the absence of scientific certainty.

3. Polluter Pays Principle

   • Principle 21 is indirectly linked to the polluter pays principle, which holds that states or entities causing environmental harm should bear the costs of preventing and remedying such harm.

4. Principle of Cooperation

   • The principle of international cooperation is closely related to Principle 21. It recognizes that many environmental issues, such as climate change and biodiversity loss, are transboundary in nature and require cooperative efforts among states to address effectively. The UN Convention on the Law of the Sea (UNCLOS) and other environmental treaties reflect the need for cooperation in managing shared resources and environmental risks.

Challenges and Criticisms of Principle 21

1. Tension Between Sovereignty and Global Environmental Responsibility

   • Principle 21 balances state sovereignty with international environmental obligations. However, this balance can create tensions, particularly when national development goals conflict with the responsibility to prevent environmental harm.
   • Developing countries, in particular, argue that restrictive environmental obligations may hinder their economic growth and access to natural resources. They call for differentiated responsibilities in addressing environmental harm, recognizing the historical contribution of developed nations to global environmental degradation.

2. Implementation and Enforcement Issues

   • The implementation of Principle 21 relies heavily on states' commitment to their international obligations and the strength of domestic environmental policies. The lack of binding enforcement mechanisms in many environmental agreements poses a challenge to holding states accountable for transboundary harm.
   • Dispute resolution mechanisms, such as those available under the International Court of Justice (ICJ) or arbitration panels, are rarely utilized due to political sensitivities and the preference for diplomatic or negotiated solutions.

Conclusion: Significance of Principle 21 in International Environmental Law

Principle 21 of the Stockholm Declaration is a cornerstone of international environmental law. It affirms the sovereignty of states over their natural resources, while simultaneously imposing a duty to prevent environmental harm beyond national borders. Its incorporation into subsequent international declarations, treaties, and judicial decisions has solidified its status as a customary rule of international law.

Despite challenges in enforcement and balancing sovereignty with global responsibility, Principle 21 remains a crucial foundation for fostering state accountability and cooperation in addressing global environmental challenges. The principle continues to evolve in response to emerging environmental issues and the need for greater international collaboration to achieve sustainable development.