Suchergebnisse

The first principle adopted by the United Nations Stockholm Conference on the Human Environment in 1972 (hereafter referred to as UNCHE) proclaimed that "Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of quality which permits a life of dignity and well-being and bears a solemn responsibility to protect and improve the environment for present and future generations".If international society sets as its objective the protection, preservation and even the enhancement of the existing global environment then the development of laws and standards ensuring the acceptance of the necessary obligations and their enforcement is the sine qua non of their achievement.

The Canadian approach to international environmental law can be stated simply and briefly. First, this law is inadequate both in scope and substance; it is incomplete, inconsistent, fragmentary, and largely inchoate. Second, it must be developed on the basis of the principle that states have a duty to preserve the environment and must accept responsibility for any damage they cause to the environment of another state or to the environment beyond any state's jurisdiction. Third, both substantive and adjectival law must be developed to enable effective application of this principle, either through existing institutions or through new ones established for the purpose of resolving environmental disputes.