Fundamental Principles of International and EU Environmental Law
Basic Obligations of International Environmental Law
The basic obligations of international environmental law are often considered the foundation of this area of law.
The Principle of Cooperation
Known as the principle of good neighborliness, it is enshrined in most international treaties on the matter. Its performance has often been the subject of international disputes in relation to transboundary resources. For example, a clash between Ireland and the UK regarding the installation of a power plant on British soil that could have environmental impacts in Ireland.
Duty Not to Cause Transboundary Environmental Damage
This is expressly stated in the Stockholm Declaration and the Rio Declaration, which stipulate that states have the right to exploit their own resources and the obligation to ensure that activities conducted within their jurisdiction do not harm the environment of other states.
Precautionary Principle
This principle seeks to avoid the realization of environmental damage, not only to other states but also applicable to situations that may occur in the territory of a state.
Precaution
There is no single definition of this concept, although the formula used by the Rio Declaration is useful for its definition. This declaration states that in order to protect the environment, states should apply the precautionary principle widely. At risk of environmental damage, lack of full scientific certainty should not be used as a reason for failing to take effective measures and cost, and thus to prevent environmental degradation.
Polluter Pays Principle
The costs incurred by pollution should be borne by those responsible for it.
Principle of Common but Differentiated Responsibilities
This is supposed to split the exercise of responsibilities at the planetary scale. That is, the international community must take on, as a whole, environmental liabilities, but the cause of certain damages shall bear the costs.
Environmental Protection in the EU
Precautionary Principle
Consists of taking measures to prevent, minimize, or eliminate potential risks to the environment, even when a causal link between the activity causing a risk and the damage has not been scientifically established. It is considered by some to be ambivalent and potentially detrimental to technological innovation, so there is a commission to draw boundaries and determine its utilization. This principle is relatively recent and was introduced in the Maastricht Treaty of 1992 without normative consensus.
Principle of Prevention
It is always cheaper than reacting to the consummation of damage. It has been part of the action of the EU since its inception.
Principle of Rectification at Source
This means that environmental damage should be rectified as a priority in its place of origin.
Polluter Pays Principle
This means that the polluter must pay the costs resulting from the reduction or elimination of damage to the environment and even the establishment of effective mechanisms to prevent future damage.
The application of this principle has been included regularly in the Community legislation on waste treatment.
Also, the widespread application of this principle will contribute to a higher degree of compliance with the objectives of the Community policy on the environment, as it has the role of deterring the violation of environmental standards.
High Level of Protection
The Treaty establishing the European Community states that Community environmental policy must aim at a high level of protection, taking into account the diversity of situations (environmental, economic, social, etc.) within the Community.
This principle has been tempered by the Court of Justice of the European Communities, in the sense that this high level of protection does not mean a requirement that is technically the highest possible.
This clarification is important because the high level of protection must be understood in line with the realities of each state. This is particularly relevant since the EU accession of new states from Central and Eastern Europe, who may have difficulty achieving the highest possible level of protection.