[ Pobierz całość w formacie PDF ]
the functioning of natural systems.
11. Activities which might have an impact on nature shall be controlled, and the best
available technologies that minimize significant risks to nature or other adverse effects
shall be used; in particular:
(a) Activities which are likely to cause irreversible damage to nature shall be avoided;
(b) Activities which are likely to pose a significant risk to nature shall be preceded by
an exhaustive examination; their proponents shall demonstrate that expected benefits
outweigh potential damage to nature, and where potential adverse effects are not
fully understood, the activities should not proceed;
(c) Activities which may disturb nature shall be preceded by assessment of their con-
sequences, and environmental impact studies of development projects shall be con-
ducted sufficiently in advance, and if they are to be undertaken, such activities shall
be planned and carried out so as to minimize potential adverse effects;
(d) Agriculture, grazing, forestry and fisheries practices shall be adapted to the natural
characteristics and constraints of given areas;
(e) Areas degraded by human activities shall be rehabilitated for purposes in accord
with their natural potential and compatible with the well-being of affected popula-
tions.
©1999 CRC Press LLC
Chap4.fm Page 42 Sunday, August 19, 2001 12:09 PM
12. Discharge of pollutants into natural systems shall be avoided and:
(a) Where this is not feasible, such pollutants shall be treated at the source, using the
best practicable means available;
(b) Special precautions shall be taken to prevent discharge of radioactive or toxic wastes.
13. Measures intended to prevent, control or limit natural disasters, infestations and diseases
shall be specifically directed to the causes of these scourges and shall avoid adverse
side-effects on nature.
III. Implementation
14. The principles set forth in the present Charter shall be reflected in the law and practice
of each State, as well as at the international level.
15. Knowledge of nature shall be broadly disseminated by all possible means, particularly
by ecological education as an integral part of general education.
16. All planning shall include, among its essential elements, the formulation of strategies
for the conservation of nature, the establishment of inventories of ecosystems and
assessments of the effects on nature of proposed policies and activities; all of these
elements shall be disclosed to the public by appropriate means in time to permit effective
consultation and participation.
17. Funds, programmes and administrative structures necessary to achieve the objective of
the conservation of nature shall be provided.
18. Constant efforts shall be made to increase knowledge of nature by scientific research
and to disseminate such knowledge unimpeded by restrictions of any kind.
19. The status of natural processes, ecosystems and species shall be closely monitored to
enable early detection of degradation or threat, ensure timely intervention and facilitate
the evaluation of conservation policies and methods.
20. Military activities damaging to nature shall be avoided.
21. States and, to the extent they are able, other public authorities, international organizations,
individuals, groups and corporations shall:
(a) cooperate in the task of conserving nature through common activities and other
relevant actions, including information exchange and consultations;
(b) Establish standards for products and other manufacturing processes that may have
adverse effects on nature, as well as agreed methodologies for assessing these effects;
(c) Implement the applicable international legal provisions for the conservation of nature
and the protection of the environment;
(d) Ensure that activities within their jurisdictions or control do not cause damage to
the natural systems located within other States or in the areas beyond the limits of
national jurisdiction;
(e) Safeguard and conserve nature in areas beyond national jurisdiction.
22. Taking fully into account the sovereignty of States over their natural resources, each
State shall give effect to the provisions of the present Charter through its competent
organs and in co-operation with other States.
23. All persons, in accordance with their national legislation, shall have the opportunity to
participate, individually or with others, in the formulation of decisions of direct concern
to their environment, and shall have access to means of redress when their environment
has suffered damage or degradation.
24. Each person has a duty to act in accordance with the provisions of the present Charter,
acting individually, in association with others or through participation in the political
process, each person shall strive to ensure that the objectives and requirements of the
present Charter are met.
©1999 CRC Press LLC
Chap4.fm Page 43 Sunday, August 19, 2001 12:09 PM
REFERENCES
Trade and the Environment, Law, Economics and Policy, edited by Durwood Zaelke, Paul Orbuch, Robert F.
Housman, Center for International Environmental Law, 1993.
Pollution Control in the United States, Evaluating the System, J. Clarence Davies and Jan Mazurek, Resources
for the Future, 1998.
Direct Effect of European Law and the Regulation of Dangerous Substances, Christopher J. M. Smith, Gordon
and Breach Publishers, 1995.
[ Pobierz całość w formacie PDF ]
