Author: Svitlana Kravchenko, Tareq M.R.
Publisher: Nashwa
Publication Date: Dec 31, 2003
Country: United States
Language: English
Principles of international environmental law are ‘refl ected in treaties, binding acts of international organizations, state practice, and soft law commitments . . . they are potentially applicable to all members of the international community’. 1 Some of them are universally accepted and frequently endorsed in state practice. Article 38 of the Statute of International Court of Justice recognises ‘general principles of law recognized by civilized nations’ as a source of law. General principles fi ll the gaps in international law which have not already been covered by treaty or custom. Therefore, courts rely on general principles in the absence of treaty or customary law. After World War II, the geographical, industrial and scientifi c scenario of the world dramatically changed. The emergence of modern industrial society and consequent urbanisation has had a tremendously negative effect on the global environment. 2 The international community became concerned and to contain the damage, and also improve the environment, it recognised certain legal principles: for example, sustainable development, intergenerational equity, intra-generational equity, prevention of harm, common but differentiated responsibility, precaution, polluter pays, the right to a healthy environment and access to