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AGENDA 21, CHAPTER 39



INTERNATIONAL LEGAL INSTRUMENTS AND MECHANISMS






NOTE:     This is a final, advanced version of a chapter of Agenda 21, as adopted by
          the Plenary in Rio de Janeiro, on June 14, 1992.  This document will be
          further edited, translated into the official languages, and published by the
          United Nations for the General Assembly this autumn.





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39.1.     The recognition that the following vital aspects of 
the universal, multilateral and bilateral treaty-making process 
should be taken into account: 

     a)   The further development of international law on 
sustainable development, giving special attention to the 
delicate balance between environmental and developmental 
concerns; 

     b)   The need to clarify and strengthen the relationship 
between existing international instruments or agreements in the 
field of environment and relevant social and economic 
agreements or instruments, taking into account the special 
needs of developing countries; 

     c)   At the global level, the essential importance of the 
participation in and the contribution of all countries, 
including the developing countries, to treaty-making in the 
field of international law on sustainable development. Many of 
the existing international legal instruments and agreements in 
the field of environment have been developed without adequate 
participation and contribution of developing countries, and 
thus may require review in order to reflect the concerns and 
interests of developing countries and to ensure a balanced 
governance of such instruments and agreements;  
     
     d)   Developing countries should also be provided with 
technical assistance in their attempts to enhance their 
national legislative capabilities in the field of sustainable 
development; 

     e)   Future codification projects for the progressive 
development and codification of international law on 
sustainable development should take into account the ongoing 
work of the International Law Commission; and 

     f)   Any negotiations for the progressive development and 
codification of international law concerning sustainable 
development should, in general, be conducted on a universal 
basis, taking into account special circumstances in the various 
regions. 


Objectives

39.2.     The overall objective of the review and development 
of international environmental law should be to evaluate and to 
promote the efficacy of that law and to promote the integration 
of environment and development policies through effective 
international agreements or instruments, taking into account 
both universal principles and the particular and differentiated 
needs and concerns of all countries. 

39.3.     Specific objectives are:

     a)   To identify and address difficulties which prevent 
some States, in particular developing countries, from 
participating in or duly implementing international agreements 
or instruments and, where appropriate, to review or revise them 
with the purposes of integrating environmental and 
developmental concerns and laying down a sound basis for the 
implementation of these agreements or instruments;  

     b)   To set priorities for future international law-making 
on sustainable development at the global, regional or 
sub-regional level, with a view to enhancing the efficacy of 
international law in this field through, in particular, the 
integration of environmental and developmental concerns; 

     c)   To promote and support the effective participation of 
all countries concerned, in particular developing countries in 
the negotiation, implementation, review and governance of 
international agreements or instruments, including appropriate 
provision of technical and financial assistance and other 
available mechanisms for this purpose, as well as the use of 
differential obligations where appropriate; 

     d)   To promote, through the gradual development of 
universally and multilaterally negotiated agreements or 
instruments, international standards for the protection of the 
environment that take into account the different situations and 
capabilities of countries.  States recognize that environmental 
policies should deal with the root causes of environmental 
degradation, thus preventing environmental measures from 
resulting in unnecessary restrictions to trade.  Trade policy 
measures for environmental purposes should not constitute a 
means of arbitrary or unjustifiable discrimination or a 
disguised restriction on international trade.  Unilateral 
actions to deal with environmental challenges outside the 
jurisdiction of the importing country should be avoided.  
Environmental measures addressing international environmental 
problems should, as far as possible, be based on an 
international consensus.  Domestic measures targeted to achieve 
certain environmental objectives may need trade measures to 
render them effective.  Should trade policy measures be found 
necessary for the enforcement of environmental policies, 
certain principles and rules should apply.  These could 
include, inter alia, the principle of non-discrimination; the 
principle that the trade measure chosen should be the least 
trade-restrictive necessary to achieve the objectives; an 
obligation to ensure transparency in the use of trade measures 
related to the environment and to provide adequate notification 
of national regulations; and the need to give consideration to 
the special conditions and development requirements of 
developing countries as they move towards internationally 
agreed environmental objectives.

     e)   To ensure the effective, full and prompt 
implementation of legally binding instruments, and to 
facilitate timely review and adjustment of agreements or 
instruments by the parties concerned, taking into account the 
special needs and concerns of all countries, in particular 
developing countries;  

     f)   To improve the effectiveness of institutions, 
mechanisms and procedures for the administration of agreements 
and instruments; 

     g)   To identify and prevent actual or potential 
conflicts, particularly between environmental and 
social/economic agreements or instruments, with a view to 
ensuring that such agreements or instruments are consistent.  
Where conflicts arise, they should be appropriately resolved;  
     
     h)   To study and consider the broadening and 
strengthening of the capacity of mechanisms, inter alia in the 
United Nations system, to facilitate, where appropriate and 
agreed by the parties concerned, the identification, avoidance 
and settlement of international disputes in the field of 
sustainable development, duly taking into account existing 
bilateral and multilateral agreements for the settlement of 
such disputes.  

Activities

39.4      Activities and means of implementation should be 
considered in the light of the above Basis for Action and 
Objectives without prejudice to the right of every State to put 
forward suggestions in this regard in the General Assembly of 
the United Nations.  These suggestions could be reproduced in a 
separate compilation on sustainable development. 


         A.Review, assessment and fields of action in
         international law for sustainable development

39.5.     While ensuring the effective participation of all 
countries concerned, Parties should at periodic intervals 
review and assess both the past performance and effectiveness 
of existing international agreements or instruments as well as 
the priorities for future law- making on sustainable 
development.  This may include an examination of the 
feasibility of elaborating general rights and obligations of 
States, as appropriate, in the field of sustainable 
development, as provided by General Assembly resolution 
44/228.  In certain cases, attention should be given to the 
possibility of taking into account varying circumstances 
through differential obligations or gradual application.  As an 
option for carrying out this task, earlier UNEP practice may be 
followed whereby legal experts designated by governments could 
meet at suitable intervals to be decided later with a broader 
environmental and developmental perspective.     

39.6.a)   Measures in accordance with international law should 
be considered to address, in times of armed conflict, 
large-scale destruction of the environment that cannot be 
justified under international law.  The General Assembly and 
the Sixth Committee are the appropriate fora to deal with this 
subject.  The specific competence and role of the International 
Committee of the Red Cross should be taken into account. 


     b)   In view of the vital necessity to ensure safe and 
environmentally sound nuclear power, and in order to strengthen 
international cooperation in this field, efforts should be made 
to conclude the ongoing negotiations for a nuclear safety 
convention in the framework of the International Atomic Energy 
Agency.  

 
                 B. Implementation mechanisms

39.7.     The parties to international agreements should 
consider procedures and mechanisms to promote and review their 
effective, full and prompt implementation.  To that effect, 
States could, inter alia: 

     a)   Establish efficient and practical reporting systems 
on the effective, full and prompt implementation of 
international legal instruments; 


     (b)  Consider appropriate ways in which relevant 
international bodies, such as UNEP, might contribute towards 
the further development of such mechanisms. 



    C. Effective participation in international law-making


39.8.     In all these activities and others that may be 
pursued in the future, based on the above Basis for Action and 
Objectives, the effective participation of all countries, in 
particular developing countries, should be ensured through 
appropriate provision of technical assistance and/or financial 
assistance.  Developing countries should be given "headstart" 
support not only in their national efforts to implement 
international agreements or instruments, but also to 
participate effectively in the negotiation of new or revised 
agreements or instruments and in the actual international 
operation of such agreements or instruments.  Support should 
include assistance in building up expertise in international 
law particularly in relation to sustainable development, and in 
assuring access to the necessary reference information and 
scientific/technical expertise.      

     D. Disputes in the field of sustainable development 

39.9.     In the area of avoidance and settlement of disputes, 
States should further study and consider methods to broaden and 
make more effective the range of techniques available at 
present, taking into account, among others, relevant experience 
under existing international agreements, instruments or 
institutions and, where appropriate, their implementing 
mechanisms such as modalities for dispute avoidance and 
settlement.  This may include mechanisms and procedures for the 
exchange of data and information, notification and consultation 
regarding situations that might lead to disputes with other 
States in the field of sustainable development and for 
effective peaceful means of dispute settlement in accordance 
with the Charter of the United Nations including, where 
appropriate, recourse to the International Court of Justice, 
and their inclusion in treaties relating to sustainable 
development.     

.
