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The summary overview and the survey of principles of environmental conservation and sustainable development contained in this report have been prepared as an aid and resource in support of the endeavor to identify the core values and principles that should be considered for inclusion in an Earth Charter. These materials are designed to identify and clarify the major principles of environmental conservation and sustainable development that have been formulated to date in international law and related reports and documents. The survey shows that a significant worldwide consensus is emerging around a number of basic principles among legal experts, government leaders, and NGOs, and at the United Nations.

In its 1987 report to the United Nations, Our Common Future, the World Commission on Environment and Development (WCED) recommended creation of a new charter or universal declaration on environmental protection and sustainable development.

Building on the 1972 Stockholm Declaration, the 1982 Nairobi Declaration, and many existing international conventions and General Assembly resolutions, there is now a need to consolidate and extend relevant legal principles in a new charter to guide state behaviour in the transition to sustainable development. It would provide the basis for, and be subsequently expanded into, a Convention, setting out the sovereign rights and reciprocal responsibilities of all states on environmental protection and sustainable development. The charter should prescribe new norms for state and interstate behaviour needed to maintain livelihoods and life on our shared planet, including basic norms for prior notification, consultation, and assessment of activities likely to have an impact on neighbouring states or global commons. 1

In line with this recommendation, the Secretariat of the United Nations Conference on Environment and Development (UNCED) proposed creation of an Earth Charter at an early meeting of the United Nations Preparatory Committee as plans were being made for the 1992 Earth Summit. The proposal attracted wide support from world leaders, national and international bodies, legal institutes and non-governmental organizations (NGOs). A number of draft Earth Charters were circulated by a variety of concerned groups. However, intergovernmental agreement on “new norms for state and interstate behavior” proved very difficult. Even though the Rio Declaration on Environment and Development enunciated a number of fundamental principles, it fell short of the aspirations that many leaders, NGOs and people at large had for the Earth Charter. Therefore, at the conclusion of the Earth Summit, Maurice F. Strong, the UNCED Secretary General called for ongoing international efforts to reach agreement on an Earth Charter. 2

A new Earth Charter Project was formally initiated in 1994 through the collaborative efforts of Maurice F. Strong and the Earth Council and Mikhail S. Gorbachev and Green Cross International with the support of the government of The Netherlands. 3 This collaboration was facilitated by Prime Minister Ruud Lubbers of The Netherlands and Jim MacNeill, the former Secretary General of the World Commission on Environment and Development. The initial phase of the Project was managed by an international Earth Charter Steering Committee and by Ambassador Mohamed Sahnoun, who served as Executive Director of the Project. The first international workshop on the Earth Charter was held at The Peace Palace, The Hague, The Netherlands, May 20-31, 1995, and was attended by representatives of a wide range of organization and groups, who came from over thirty countries and diverse cultures. The secretariat for the Earth Charter Project has been established at the Earth Council headquarters in Costa Rica. In the near future an international Earth Charter Commission will be assembled with responsibility for overseeing preparation of a draft Earth Charter that will be submitted to the peoples and nations of the world for their consideration and endorsement.

In the light of the international consultations conducted during the early phases of the Project, the current intention is to create a relatively brief and succinct document that sets forth principles that are fundamental in character, universal in applicability, and enduring in their validity. The Earth Charter should provide clear guidelines for the conduct of nations and peoples regarding the environment and sustainable development, ensuring the future health and integrity of the Earth as a secure home for humanity and other forms of life. 4 It must be written in language that is inspiring and easily translatable into all languages. To achieve its purpose, the Earth Charter must build on the great wisdom traditions of the world, the insights of science, the growing world literature on global ethics and the ethics of environment and development, and earlier declarations, charters, and covenants, which include documents created by a variety of non-governmental groups as well as legal instruments endorsed by states. It must draw heavily on the experience of those peoples whose cultural practices and belief systems most effectively promote environmental protection and sustainable living. In addition, through a process of extensive world wide consultation and consensus building involving all parts of civil society, it must set forth a fresh, integrated, and more complete vision than has yet been realized of the shared concerns and fundamental values and guidelines that are essential to the future well-being of humanity and the larger community of life on Earth.

International law is one especially important source of ideas upon which those concerned with the Earth Charter can draw. This “Summary and Survey” endeavors to provide a concise overview of the principles relevant to the Earth Charter that have been articulated in international law and related international documents. The “Summary of Principles” in Part One organizes the principles considered under nine categories and provides a brief statement describing each principle. This material could, of course, be organized in a variety of different ways, and some principles fit easily under more than one category. The “Survey of Principles” in Part Two provides a variety of examples of the way each principle has been actually formulated in different specific documents. The various formulations of each principle are presented chronologically so that a reader can trace the development and evolution of a principle. The material in Part Two also shows the degree to which there is a wide consensus around a particular principle. In some cases, a principle may have been affirmed and reaffirmed in many major international documents, but in other cases, the support for a principle may not be as significant.

Some selectivity regarding which documents to include in the “Survey” has been necessary because the body of relevant international law is large. For example, the UN Interagency Committee for Sustainable Development recently identified over seventy international legal instruments which may be considered part of international law for sustainable development. 5 Among the legal documents surveyed are the most important soft law documents in the environmental and sustainable development law field, including the Stockholm Declaration (1972), World Charter for Nature (1982), Rio Declaration (1992), and Agenda 21: Programme of Action for Sustainable Development, which is a lenghty forty chapter legal instrument approved by 177 governments and endorsed by the General Assembly of the United Nations. While these soft law documents are very significant statements of the common concerns, aspirations, and responsibilities of the international community, they are not viewed as having the same binding force as other legal instruments.

Materials have also been included from a variety of international treaties and conventions that are sometimes described as hard law documents, such as the Convention on International Trade in Endangered Species (1975), the United Nations Framework Convention on Climate Change (1992), and The Convention on Biological Diversity (1992). These legal instruments set forth very specific binding obligations and duties. Among the documents surveyed is the new Draft International Covenant on Environment and Development prepared by the Commission on Environmental Law of the World Conservation Union (IUCN), which attempts “an integrated legal framework” for “existing and future international and national policies and laws on environment and development.” 6 This Draft Covenant, which presents an especially significant new synthesis of legal principles, was introduced at the United Nations in 1995.

In addition, the “Survey” draws on material from a variety of reports prepared by important commissions, legal experts groups, and international organizations. For example in this category one will find excerpts from Our Common Future (1987), the report of the World Commission on Environment and Development, and the IUCN/UNEP/WWF report on Caring for the Earth: A Strategy for Sustainable Living (1991), which updates their earlier World Conservation Strategy. The reports included in the “Survey” have all involved broad international participation, and they reflect the emerging international consensus.

At the end of the “Summary and Survey” is a bibliography of sources that identifies the legal status (legal document, soft law, etc.) of the various documents surveyed. In the “Survey” all legal documents (hard law) and soft law legal instruments are identified as such with an (LD) or (SL). The Earth Charter will be designed as a soft law document. It is, however, important to remember that some documents like the Universal Declaration of Human Rights are initially accepted as soft law instruments but over the years acquire increasing binding force among those who have endorsed them.

The statement of each principle in Part One, the “Summary,” is based on the material in Part Two, the “Survey.” Following the statement of each principle, the relevant sections of Part Two are identified by numbers in parentheses ( ). The language used in formulating each principle in the “Summary” is for the most part borrowed from various formulations employed in the legal documents cited in the “Survey.” In a few cases some significant phrases like “the community of life” are employed which are derived from one of the reports consulted rather than from an international legal document. This has been done when a concept or phrase seems especially significant from the perspective of the Earth Charter Project. The origin of the ideas and language used in the statement of each principle in Part One will be evident if the relevant section of the “Survey” in Part Two is consulted.

The “Summary and Survey” focuses attention primarily on what the evidence suggests is the emerging international common ground in the area of environment and development. However, those using this report should keep in mind that the documents upon which it is based each have their own distinct orientation and emphasis, reflecting the particular context in which they were written. In this sense these documents are different. When analyzing this material, the most common approach of scholars and legal experts has been to compare and contrast documents, noting both differences and similarities regarding the principles involved. Such studies are often instructive, and a reader can use the “Survey” to compare and contrast the position of different legal instruments and reports on specific principles. It is also noteworthy that some principles are not cited at all in certain documents, which in some cases may reflect an important difference in viewpoint. The summary of legal principles in Part One should not be interpreted to mean that there are no such differences. Preparation of an Earth Charter will require that some complex issues be addressed, and much dialogue and deliberation within and between diverse groups throughout the world will be required. The “Summary and Survey” seeks to facilitate and advance the process of dialogue and deliberation by putting roughly twenty-five years of international study, debate, and treaty making pertaining to environment and development in a perspective that may be helpful.

It is not part of the purpose of this “Summary and Survey” to propose that all of the principles cited belong in the Earth Charter. They do not. However, it is hoped that this report will help to provide essential background material for deciding what should be considered for the Earth Charter. One challenge is to reflect on the principles presented here and to identify the core values and principles at work in this material. Some of these core values may have already been clearly formulated but some may only be implicit and require fresh conceptualization. Furthermore, the Earth Charter should include some ideas and principles that go beyond what may be found in existing international environmental and sustainable development law documents and reports. After reviewing carefully what has been formulated to date, the further challenge is to decide what is missing and needs articulation. It is in this regard that the world’s wisdom traditions, the new science, and contemporary philosophical reflection as well as fresh insights emerging out of grass roots experience may be very helpful. In order to draw on the most creative thinking in all cultures and to ensure a wide sense of ownership of the Earth Charter when it is finally drafted, the consultation process for producing the Earth Charter has been designed to be as inclusive as possible and highly participatory.

Several important documents contain attempts to formulate a brief list of core principles, and several such lists may be found in the appendices to this report. Included are the five General Principles cited in the World Charter for Nature, the eight General Principles, Rights and Responsibilities proposed by the World Commission on Environment and Development, as well as the Commission’s Tokyo Declaration, and the nine principles of sustainable living put forth in Caring for the Earth. These lists, which may be found in Appendices I, II, and III, continue to be instructive when one is reflecting on core values and principles for an Earth Charter.

In recent years a number of major efforts have been made to identify the core values and principles at work in international environmental law and in the international law of sustainable development. For example, the World Conservation Union’s Draft International Covenant on Environment and Development includes a section on Fundamental Principles followed by a section on General Obligations. These parts of the Covenant are contained in Appendix IV.

A consultation of international legal experts convened by the Foundation for International Environmental Law and Development (FIELD) in 1993 identified four core elements of the concept of sustainable development, which include: (1) the needs of present and future generations must be taken into account; (2) renewable and non-renewable resources must be conserved; (3) access to and the use of natural resources must be equitable, taking into account the needs of all people; and (4) issues of environment and development must be treated in an integrated manner. 7

In addition, a Discussion Paper for a recent UN Expert Group Meeting on Identification of Principles in International Law for Sustainable Development argues that “there is a relatively clear core of principles on which consensus exists,” and it proposes “a benchmark set of principles of sustainable development.” 8 This list of twenty-three principles is drawn, first and foremost, from the Rio Declaration and Agenda 21. It may be found in Appendix V.

During the 1992 United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro, a great number and variety of non-governmental organizations (NGOs) from around the world gathered for the occasion and formed an International NGO Forum at the Global Forum ‘92. Among these private, non-profit, voluntary groups were grass roots organizations, environment and development associations, indigenous peoples groups, religious organizations, and groups associated with the women’s movement. Identifying themselves as representatives of the emerging new transnational civil society and disappointed with the progress of the official deliberations at the Rio Earth Summit, the International NGO Forum produced forty-six “people’s treaties,” in which the participating NGOs sought “to define more specific commitments to each other for action at local, national, and international levels.” 9 These “people’s treaties,” which vary considerably in quality, contain a wide variety of NGO action plans in support of sustainable development, and they seek to articulate the basic principles that underlie the proposed post-Rio NGO programs.

Since these documents are not recognized as part of existing international law and are not the work of an official international commission or legal experts group, they have not been cited in the material included in Part Two, the “Survey of Principles.” However, the NGO “people’s treaties” do articulate the outcome of the deliberations of a very important international assembly and ongoing network of organizations. Furthermore, Agenda 21, which is a soft law document, calls for “strengthening the role of non-governmental organizations as social partners” and urges the United Nations and governments to draw upon the expertise and capacity of NGOs “at all levels from policy-making and decision-making to implementation.” 10 It is appropriate, therefore, to include some material from the Rio NGO treaties in this Report, and selections from these documents are included in Appendix VI. The selections begin with the entire People’s Earth Declaration, which provides an overview of the vision and concerns expressed in the NGO treaties. Excerpts from seven additional NGO treaties have also been included. Some readers may find it useful to consult some of the other treaties not cited in Appendix VI, which deal with issues such as international debt, trade, transnational corporations, climate change, population, poverty, food security, water, fisheries, sustainable agriculture, forests, marine ecosystems, militarism, the nuclear problem, youth, women, environmental education, and urbanization.

In conclusion, it is hoped that this “Summary and Survey” will help to organize and further the search for the elements of an Earth Charter. In preparing the “Summary and Survey” I have received the encouragement and assistance of a number of people. I wish to thank especially Maurice F. Strong, Chairman of the Earth Council and the Earth Charter Management Committee, and the members of the Earth Charter Management Committee for their support. I am very grateful to Nicholas Robinson, Professor of Environmental Law at the Pace University School of Law, for his assistance with identifying and securing legal instruments and other relevant materials and for his very helpful comments and suggestions as this report has evolved. I also extend my special thanks to Wolfgang E. Burhenne, J. Ronald Engel, Maximo T. Kalaw, Jr., and Arthur H. Westing for their comments and recommendations. Claire Wilson and Janet Winkler have helped track down documents and spent long hours entering this report into the computer and making numerous revisions, and I very much appreciate their assistance.

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(1)Our Common Future, Report of World Commission on Environment and Development (WCED), (New York: Oxford University Press, 1987), pp. 332-33.

(2)”The Earth Charter: A Joint Initiative of the Earth Council and Green Cross International,” a Report prepared by the Earth Council and Green Cross International in connection with the Earth Charter Workshop, The Peace Palace, The Hague, May 31, 1995, Part One, 1.1.

(3)Ibid.

(4)”The Earth Charter: A Joint Initiative of the Earth Council and Green Cross International,” Part One, 1.1; “Proposal for Phase II of Earth Charter Project,” November, 1995, Earth Charter Management Committee.

(5)Mary Pat Williams Silveira, International Legal Instruments and Sustainable Development: Principles, Requirements and Restructuring, Willamette Law Review (Spring 1995), p. 5.

(6)Preamble, Draft International Covenant on Environment and Development prepared by the IUCN Commission on Environmental Law

(7)Discussion Paper prepared for Expert Group Meeting on Identification of Principles in International Law for Sustainable Development, Geneva, 26-28 September 1995, pp. 4-5.

(8)Ibid., pp. 8-33.

(9)Treaty No. 1, People’s Earth Declaration, Principle 21, in Alternative Treaties: Synergistic Processes for Sustainable Communities & Global Responsibility, A Revised Edition of the Alternative Treaties from the International NGO Forum, Rio de Janeiro, June 1-14, 1992, published by Ideas for Tomorrow Today and International Synergy Institute, pp. 33-35.

(10)Agenda 21, chapter 27.3-8, in Agenda 21: The United Nations Programme of Action from Rio, The final text of agreements negotiated by Governments at the

. The Goal: A Global Partnership

The general objective of international environmental and sustainable development law is formation of a global partnership of all peoples and nations to ensure for present and future generations the well-being of humanity and the larger community of life by promoting equitable and sustainable development and by protecting and restoring the health and integrity of the Earth’s biosphere, of which all life is a part and apart from which humanity cannot survive or realize its creative potential. This global alliance should be founded on commitment to an integrated framework of shared ethical principles and practical guidelines. (1)

II. Preamble: The Human Situation

The environmental and developmental problems facing humanity involve a complex of interrelated issues including: increasing degradation of the global environment, deterioration and depletion of natural resources, excessive consumption, rising population pressures, perpetuation of disparities between and within nations, poverty, pollution, ignorance, injustice, and armed conflict. The decisions and choices humanity makes in response to the challenge of these critical problems will have major consequences for the future of life on Earth. Humanity stands at a defining moment in its history. (2)

III. World View

1. The biosphere is a unity, a unique and indivisible ecosystem, and all of its diverse constituent parts are interdependent. (3)

2. Humanity is part of nature and the community of life, and all life depends for survival and well-being on the functioning of natural systems. (4)

3. Every life form is unique and possesses intrinsic value independent of its worth to humanity. Nature as a whole and the community of life warrant respect. (5)

IV.A Common Concern and Universal Responsibility

1. The well-being of the community of life and the protection of the environment are a common concern of humanity. (6)

2. Nature as a whole, the Earth, and all life forms should be respected. All persons have a fundamental responsibility to respect and care for the community of life. (5, 10)

3. Protect, preserve, and, insofar as possible, restore the health and integrity of ecosystems, ensuring the functioning of essential ecological processes and life support systems throughout the Earth. (7, 10, 13)

a. Provide special protection to fragile ecosystems such as are found in deserts, semi-arid lands, mountains, wetlands, and certain coastal areas and on small islands.

4. Conserve biodiversity including the diversity of species, the range of genetic stocks within each species, and the variety of ecosystems. (8)

a. Provide special protection to endangered species and their habitats.

V. The Rights of People

1. All human beings, including future generations, have a right to an environment adequate for their health, well-being, and dignity, and the responsibility to protect the environment. (9, 10)

2. All persons, without being required to prove an interest, have the right to seek, receive, and disseminate information on activities or measures that are likely to have environmental impact and the right to participate, individually or collectively, in relevant decision-making processes. (9, 29)

3. All peoples have a right to their economic, social, political and cultural development and a responsibility to adopt sustainable patterns of development. (11, 22)

4. All human rights and fundamental freedoms are interdependent and indivisible. (21)

VI. Sustainable Development

1. The purpose of development is to meet the basic needs of humanity, improve the quality of life for all, and ensure a secure future. (11, 12)

2. All humanity has the duty to integrate environmental conservation with development activity at all stages and levels so as to achieve sustainable development, keeping human resource use and related activity within the limits of the carrying capacity of supporting ecosystems. Sustainable development promotes the well-being of both people and ecosystems. (12)

3. Protection of the environment is best achieved by preventing environmental harm rather than by attempting to remedy or compensate for such harm. (13)

a. Activities which are likely to cause irreversible environmental change or damage should be avoided altogether.

4. Activities which are likely to cause potential or actual harm to the environment shall be preceded by a thorough environmental impact assessment. (14)

5. Precautionary Principle: In situations where there is the risk of irreversible or serious damage to the environment, lack of full scientific certainty shall not be used as reason to postpone action to avoid potentially irreversible or serious harm to the environment. (15)

6. The development and implementation of appropriate demographic policies, ensuring that human population levels remain within the carrying capacity of the Earth, are necessary to improve the quality of life for all people and to protect the environment. (16)

7. The elimination of unsustainable patterns of production and consumption is essential and requires adoption of the following measures.

a. Minimize the depletion of non-renewable resources.
b. Ensure all renewable resources are used sustainably.
c. Use all resources with restraint and as efficiently as possible.
d. Develop and adopt technologies that increase energy efficiency.
e. Develop and adopt technologies that use renewable resources to generate energy.
f. Prevent, reduce, and control pollution.
g. Minimize waste: reduce the volume of materials used, reuse, recycle. (17, 35)
8. Governments, businesses and other organizations should cooperate in promoting the development and adoption of environmentally sound technologies. (18, 36)

9. Policy makers should adopt a system of economic indicators for measuring economic health and development that reflects the full social and environmental cost of human activities, thereby integrating environmental and economic measures. (19)

10. The prices of commodities and raw materials should reflect the full direct and indirect social and environmental costs of their extraction, production, transport, marketing, and, where appropriate, ultimate disposal. (20)

11. Peace and security, environmental protection, sustainable development, and respect for human rights and fundamental freedoms are interdependent and indivisible. (21)

VII. Equity and Justice

1. Intergenerational Equity: Each generation has a responsibility to recognize limits to its freedom of action in relation to the environment and to act accordingly with appropriate care and restraint so that future generations inherit a world that meets their needs. (22)

2. The achievement of sustainable development requires creation of a just and equitable international economic system which ensures that the costs and benefits arising from the use of natural resources are shared fairly among the nations, between rich and poor, and between present and future generations. (22, 23)

3. The eradication of poverty is an ethical imperative and an essential requirement for sustainable development and environmental protection. (24)

4. The particular situation and needs of developing countries, especially of the least developed and most environmentally vulnerable, is a high priority, and the developed countries bear a special responsibility to provide essential financial, scientific, technical, and legal assistance in support of the developing countries’ pursuit of environmental conservation and sustainable development. (25, 36)

5. States should cooperate with other nations in establishing joint research efforts for developing environmentally sound technologies and facilitate the transfer of such technologies, strengthening national capacities and accelerating the transition to sustainable development throughout the world. (18, 36)

6. Equality and equity between women and men and the full participation of women in all spheres of social, cultural, economic, and political life, including management decision-making, are essential to the achievement of environmental conservation and sustainable development. (26)

7. The identity, culture, and interests of indigenous peoples, and especially their traditional approaches to sustainable development, should be respected and supported. Indigenous peoples have the right to control their lands, territories and natural resources, and they should be provided opportunities to participate in decision-making processes that are likely to affect their interests in the area of environment and development. (27)

VIII. Governance and Security

1. All States have (a) the sovereign right to utilize their resources to meet their sustainable development needs and (b) the responsibility to develop and implement a national plan for the protection and preservation of the environment within the levels of their national jurisdiction, and to ensure that activities within their jurisdiction or control do not cause potential or actual harm to the environment of other States or areas beyond the limits of national jurisdiction. (28)

2. In view of the different contributions to global environmental degradation and differences in financial and technological resources, States have common but differentiated responsibilities. Accordingly, the developed countries acknowledge the responsibilities that they bear in the international pursuit of sustainable development. (28, 40)

3. Transparent and accountable governance and the democratic participation of all concerned persons in decision-making processes are prerequisites for achievement of environmental protection and sustainable development. (29)

a. Strengthen NGOs and increase their participation.

4. Environmental education programs should be established in school systems as an integral part of general education at all levels, and environmental information and opportunities for environmental training should be provided to the public, ensuring that all people have the knowledge, skills, and values to cooperate in protecting the environment and achieving sustainable development. (30)

5. All persons have the right to effective access to judicial and administrative proceedings, including for redress and remedy, in enforcing their environmental rights. States shall ensure that a person in another State who is adversely affected by transboundary environmental harm has the right of access to administrative and judicial procedures equal to that afforded to its own citizens in cases of domestic environmental law. (31)

6. States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage. Each State is liable for significant harm to the environment of other States and to areas beyond the limits of national jurisdiction. States shall cease the activities causing significant harm, restore the damaged environment insofar as possible, and where that is not possible, provide compensation or other remedy for the harm. (32)

7. States shall resolve all their environmental disputes peacefully and by appropriate means in accordance with the Charter of the United Nations. (33)

8. States shall cooperate in the further development of international law and in formulating and strengthening of international rules, standards and recommended practices on issues of common concern for the protection and preservation of the environment and sustainable use of natural resources, taking into account the need for flexible means of implementation based on their respective capabilities. (34)

IX. Environmental Protection

1. States shall take, individually or jointly as appropriate, all measures necessary to prevent, reduce, and control pollution, giving special attention to the disposal in an environmentally safe manner of radioactive, toxic, and other hazardous wastes that cannot be reused or recycled. (17, 35)

2. States shall conduct and encourage scientific research and establish scientific monitoring programs for the collection of environmental information on all aspects of the environment and on human environmental impacts, ensure the dissemination of scientific data and information, and promote scientific cooperation in the fields of environmental conservation and sustainable development, strengthening national capacities. (36)

3. States shall establish specific national standards, including emission, quality, product, and process standards, designed to prevent harm to the environment or to restore or enhance environmental quality. (37)

4. States shall take appropriate measures to prevent transboundary environmental harm. Do not do to others what you would not do to your own citizens. (38)

a. Ensure prior and timely notification and consultation.
b. Set standards, monitor, exchange information.
c. Establish contingency plans for emergencies, including prompt notification.
5. Transboundary natural resources should be used in a reasonable and equitable manner, and States should cooperate with other States in the conservation and restoration of such natural resources. (39)
6. States have an obligation to protect and preserve the atmosphere and to take appropriate measures with regard to activities under their jurisdiction or control to prevent, reduce, or control any atmospheric interference or significant risk thereof, which threatens harm to human health, the community of life, or ecosystems. (40)

7. States shall ensure the conservation and where necessary the regeneration of soils for all living systems by taking effective measures to prevent soil erosion, to combat desertification, to safeguard the processes of organic decomposition and to promote the continuing fertility of soils. (41)

8. States shall take all appropriate measures to maintain and restore the quality of water including atmospheric, marine, ground and surface fresh water, to meet basic human needs and as an essential component of aquatic systems. They shall, in particular, establish standards to safeguard the supply and quality of drinking water and to maintain the capacity of aquatic systems to support life. (42)

9. States shall prohibit the intentional introduction into the environment of alien or modified organisms which are likely to have adverse effects on other organisms or the environment. They shall also take the appropriate measures to prevent accidental introduction or escape of such organisms. (43)

10. Nature shall be secured against degradation caused by warfare or other military activities. (44)

11. Natural and cultural areas, including Antarctica, of outstanding aesthetic, cultural, ecological, scientific, and spiritual significance should be identified, protected, preserved, and restored. (45)

12. Outer space, including the moon and other celestial bodies, is part of the common heritage of humanity, and the exploration and use of outer space should be carried out exclusively for peaceful purposes and so as to equitably benefit and serve the interests of all nations and peoples, including future generations. The exploration and use of outer space should avoid the harmful contamination of the environment in space and on the moon and other celestial bodies and should also avoid causing harm to the environment on Earth through introduction of extraterrestrial matter. (46)

Note:

The IUCN/UNEP/WWF report Caring for the Earth (1991) endorses the principle that: “People should treat all creatures decently, and protect them from cruelty, avoidable suffering, and unnecessary killing.” (47) However, to date this principle, which is concerned with the treatment of individual sentient beings as distinct from species, has not been included or recommended for inclusion in international law.