Mediterranean sustainable development in international law
Mediterranean sustainable development in international lawS. Marchisio
Institute of Legal Studies on the International Community,
National Research Council, Rome, Italy
Abstract
The output of the 1992 Conference (UNCED) has underlined
new trends in the evolution of international environmental
law at the regional and global level. Some principles
of international law on sustainable development have
emerged and, among them, the principle of common but
differentiated responsibility of States, contained
in Principle 7 of the Rio Declaration on Environment
and Development. This principle overturns Principle
24 of the Stockholm Declaration: States shall cooperate
in conserving, protecting, and restoring the environment
not on an equal footing but taking in due account the
different levels of development, and the different
(past, present, and future) contributions to the global
degradation of the Earth ecosystem. Developed countries
have, in this respect, the main responsibility in view
of the pressure their societies place on the environment
and of the technologies and financial resources they
command. This principle has two main consequences
from the legal point of view: it allows a double regime
of States rights and obligations in international conventions
devoted to sustainable development and it requires
from developed countries the maximum effort in financing
the related activities. The emerging principles of
international law on sustainable development have been
partially endorsed by the instruments adopted at the
Barcelona Conference of June 1995. The Resolution on
Environment and Sustainable Development contains only
general commitments, while the third part of MAP Phase
II, concerning the institutional and financial arrangements,
is rather inconsistent with the Rio outcome. The legal
instruments, mainly the amended Barcelona Convention
and the Protocol Concerning Specially Protected Areas
and Biological Diversity in the Mediterranean, present
few novelties from the sustainable development point
of view. In conclusion, the author believes that the
Region must make a more determined contribution to
this new objective of the international community in
the next decade, in order to face the challenge posed
by the sustainable development of our common mediterranean
heritage.