INTRODUCTION

International Environmental Law (IEL) is in relation of attempt to control pollution and

depletion of natural resources within the frameworks of sustainable development. It
is a branch of public international law which is a body of law created by states for
states to govern problem arises between states.

IEL covers topic such as population, biodiversity, climate change, ozone depletion,
toxic and hazardous substances, air, land, and sea and transboundary water
pollution, conservation of marine resources, desertification and nuclear damages. 1

The principle of international environmental law consist of precautionary principle,

prevention principle, sustainable development, the polluter pay principle, integration
principle and public participation principle. 2

This paper will elaborate and explain three of the principles and elaborates further
under which relevant treaties or conventions that adopted these principles. The
discussion will be centre on background of the principle, its meaning and how it is
adopted in current international environmental law. The discussion will also focus on
the results of the principles via adoption and enforcement of international legal
instrument and elaborate on any future improvement that can strengthen the legal
instrument and eventually achieve the objective of these principle.

PRECAUTIONARY PRINCIPLE

The Precautionary Principle aims to prevent harm from happening rather than

manage it after it happened. In common language, this means “better safe than
sorry.” The Precautionary Principle denotes a duty to prevent harm, when it is within
our power to do so, even when all the evidence is not in. In short, the “precautionary
principle” supports taking protective action before there is complete scientific proof of
a risk; that is, action should not be delayed simply because full scientific information
is lacking.

1
Lakshman D Guruswamy, International Environmental Law in a Nutshell (West, 4th ed, 2012]
2
Celia I, Campbell-Mohn and Frederico Cheever, Environmental law, Encyclopedia Britannica
[https://www.britannica.com/topic/environmental-law/Principles-of-environmental-law]

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Issues of the 1960s, i.e. the case of DDT (dichlorodiphenyltrichloroethane) 3 have led
environmentalist and policy makers to rethink their approach to specifically address
uncertainties. This event have paved way during the 1970s for establishment of
precautionary principle as a reaction to “the limitation of public policies based on a
notion of “Assimilative capacity”. i.e. that humans and the environment can tolerate a
certain amount of contamination or disturbance, and this amount can be calculated
and controlled “.4

The 1970s also showed the emergence of the principle in the United States.
Although the term is not used, the essence of the precautionary principle can be
found in several laws such as the U.S. Federal Food, Drug and Cosmetic Act of
1958 (Section 409), which outlawed any food additive that was found to induce
cancer regardless of the dose taken.5

The precautionary concept found its way into international law and policy as a result
of proposals from environmentalists and European governments. The 1982 United
Nations World Charter for Nature provided that when “potential adverse effects of an
activity are not fully understood, it should not proceed” 6

On 25 March 1985, the Convention for the Protection of the Ozone Layer (Vienna
Convention) was adopted by 20 countries and the European Commission. It is the
first multilateral treaty to make explicit reference to precaution”. As there was still no
scientific certainty on the causes and impacts of ozone depletion at the time of
adoption, the Convention’s later success was due largely to its precautionary nature

In 1987, the Protocol to the Vienna Convention was adopted in Montreal. 7 During the
8
Earth Summit at Rio de Janeiro, Brazil in 1992, the community of nations
represented therein came up with the Agenda 21. Chapter 17 thereof refers to the
precautionary concept, viz:
3
DDT is an insecticide widely use during 1960 in US and caused decline in bird population and are very toxic to
human ( Source: Wikipedia online)
4
R. E Delaso, The Precautionary principle: Relevance in International law and Climate Change. 2005.
Dissertation for Master In International Science Degree, Lund University, Sweden
5
Ibid
6
ibid
7
Parties…..determined to protect the ozone layer by taking precautionary measures to control equitable total
global emissions of substances that deplete it…” (Montreal Protocol, Preamble, 1987).
8
The United Nations Conference on Environment and Development (UNCED), also known as the Rio de Janeiro
Earth Summit , Rio Summit, Rio Conference, and Earth Summit , was a major United Nations conference held
in Rio de Janeiro from 3 to 14 June 1992.

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 “A precautionary and anticipatory rather than a reactive approach is
necessary to prevent the degradation of the marine environment.
This requires, inter alia, the adoption of precautionary measures,
environmental impact assessments, clean production techniques,
recycling, wastes audits and minimization, construction and/or
improvement of sewage treatment facilities, quality management
criteria for handling of hazardous substances, and a
comprehensive approach to damaging impact from air, land and
water” (Agenda 21, Chap. 17).
This paragraph is not only a manifest endorsement of the precautionary principle, but
it also clearly relates the precautionary concept to a number of specific measures
which would enhance precautionary policies with respect to oceans, seas and the
marine environment.

Significantly, the adoption of the Rio Declaration at the United Nations Conference
on Environment and Development (UNCED) in 1992 signified that “the precautionary
concept has become essential to international environmental policy”. Principle 15 of
the Rio Declaration provides hence:

“In order to protect the environment, the precautionary approach

shall be widely applied by States according to their capabilities.
Where there are threats of serious or irreversible damage, lack of
full scientific certainty shall not be used as a reason for
postponing cost-effective measures to prevent environmental
degradation.” (Rio Declaration, 1992)

Along with the Rio Declaration, the Convention on Biological Diversity, (CBD) which
also provided for precautionary concept, was adopted in 1992 during the Earth
Summit.

Event in year 1992 also paved the way for the convergence of the precautionary
principle and the climate change issue in international law. At Rio de Janeiro, the
world acknowledged the precautionary principle at the level of international law when

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it adopted the United Nations Framework Convention on Climate Change
( UNFCCC) under Article 3.9

A reference to the afore quoted article was provided in the Preamble of the 1997
Kyoto Protocol10 and worded as follows, “Being guided by Article 3 of the
Convention”. The precautionary principle is thus a norm that parties to the UNFCCC
have endorsed.

The result of the precautionary principle are fruitful and works perfectly for the ozone
conventions11 and CBD and its protocols12 but hardly make any impact on the climate
change legal instruments13. A few factors that contribute to this results will be
discussed further where comparison will be make between the ozone conventions
and the climate change conventions.

Firstly, the ozone conventions14 were ratified by nearly all nations but the Kyoto
protocol were not ratified by major greenhouse emission nation (the United State)
and Canada also later withdraw from the protocol. This comparison showed clearly
that all nation are in union to tackle the ozone problem but the same cannot be said
for the climate change convention where there are no commitment and effort showed
by the biggest greenhouse emission nations.

Secondly, the Montreal protocol enable parties to quickly respond to new scientific
information and agree to accelerate reduction required on chemical which it already
cover and after such adjustment automatically apply to all countries that ratified the
protocol.15 The Kyoto protocol in other hand does not deter free-riding and non-
9
“The parties should take precautionary measures to anticipate, prevent or minimize the causes of
climate change and mitigate its adverse effects. Where there are threats of serious or irreversible
damage, lack of full scientific research should not be used as a reason for postponing such
measures, taking into account the policies and measures to deal with climate change should be
cost-effective so as to ensure global benefits at the lowest possible cost
10
A protocol where contracting parties agreed to reduce the greenhouse gas emission to certain level by
certain period.
11
There are high rate of compliance by contracting parties and the ozone layer are healing significantly.
[ Source: Ozone Secretariat] [http://ozone.unep.org/en/focus/montreal-protocol-achievements-date-and-
challenges-ahead]
12
Cartagena and Nagoya Protocol
13
Barret, S (1998), ‘Political Economy of the Kyoto Protocol’, Oxford Review of Economic Policy, 14 (4), 20-39.
14
Vienna Convention and Montreal protocol
15
http://ozone.Unep.org

Page 4 of 17
compliance by its contracting parties to reduce admission by certain period. 16This
comparison showed why the ozone conventions are more successful where
contracting parties to the ozone conventions showed interest and effort to do
whatever they can to reduces ozone depletion whereas in the Kyoto protocol no
enforcement and action taken against the non–compliance parties and against the
free rider.17

Thirdly, the Montreal protocol provides an effective mean to dispute resolution

through the Non Compliance procedure and the procedure intended to create a
multilateral mechanism that would build confidence through non confrontation
discussion rather than adjudication and help parties pursue amicable solution to
problem arising from the protocol.18 Meanwhile, under the climate change
conventions, as discussed earlier there are lack enforcement and also lack of co-
operation between parties to settle any dispute. For example, there are dispute
between Argentina and United Kingdom on the application of the Kyoto protocol on
territories disputed by both nation and China informed that they do not want the
protocol to include its territories of Hong Kong and Macao. 19

Next are the economic benefit. It is clear that ozone conventions are much more
successful as there are alternative to CFC 20. The production industries are making
alternative to CFC and this also boost the economics because of mass production of
CFC replacement which in return generate income to the industries and boost the
economics of a nation. Meanwhile the Kyoto protocol are costly to implement as it
involved reduction of main source of energy like coal and petroleum to reduce
greenhouse emission. The current United States under President Donald Trump
even blatantly dismissed the existence of greenhouse gas effect and even provides
unconditional support to the energy industries.
16
Barret, S (1998), ‘Political Economy of the Kyoto Protocol’, Oxford Review of Economic Policy, 14 (4), 20-39.
17
One of the failure of the Kyoto protocol is lack of any real enforcement mechanism. Although the compliance
committee includes an Enforcement Branch, this branch actually has no power of sanction or coercion over
non-compliant parties. [ Source: Greenhouse Gas Management Institute]
[https://ghginstitute.org/2010/02/10/the-treaty-compliance-challenge-enforcement-under-the-kyoto-
protocol/]
18
Center for International law (1999)” Effective Dispute Resolution: A Review Option for Dispute Resolution
Mechanisms and Procedures”. [ http://www.ciel.org/publications/effectivedisputeresolution.pdf]
19
http://unfccc.int/kyoto_protocol/status_of_ratification/items/2613.php
20
A chemical compound known as chlorofluorocarbon use as gas in many household product like air
condition and refrigerator that is the main cause of ozone depletion.

Page 5 of 17
In Conclusion, the application of precautionary principle are widely applied in current
international legal instrument and saw a huge success in ozone conventions but a
slow progress and near failure for the climate change convention. The reasons are
as discussed earlier but the application of this principles are vital in recognizing the
issue in international environmental law and implementing prevention and also
solution to the problem arises.

PREVENTION PRINCIPLE

The prevention principle allows action to be taken to protect the environment at an

early stage. It is not only a question of repairing the damages after they have
occurred but to prevent those damages from occurring at all. It means in short terms:
it is better to prevent than to repair.21
The principle have similarity with precautionary principle but the main differences is
the precautionary principles mainly deals with matters that cause destruction and
damages to environmental through scientific analysis on matter not yet proven while
prevention principle deals with direct act of human being that bring destruction to the
environment.
The importance of this principle was underlined in a major oil spill disaster of “Torrey
Canyon” disaster in 1967 where the entire cargo of the vessel had spilled 120 000
tonne of oil in the English Channel and caused major environmental disaster and this
incident surely draw the international community attention for a need of legal
instruments to govern similar incident based on the prevention principle.
The current formulation of the principle of prevention in the environmental context
was introduced in 1972 in principle 21 of the Stockholm Declaration on the Human
Environment22 which stated:
States have . . . the sovereign right to exploit their own resources . . . and the
responsibility to ensure that activities within their jurisdiction or control do not cause

21
Oskam , A.J, Vijftigschild, R.A.N, Graveland C. 1997. Additional EU Policy Instrument for Plant Protection.
Final Report.
22
The Declaration of the United Nations Conference on the Human Environment, or Stockholm Declaration,
was adopted June 16, 1972 by the United Nations Conference on the Human Environment at the 21st plenary
meeting as the first document in international environmental law to recognize the right to a
healthy environment [Source; Wikipedia Online]

Page 6 of 17
damage to the environment of other States or of areas beyond the limits of national
jurisdiction

In the year 1973, International Convention for the Prevention of Pollution from ships
1973 (MARPOL) was formed. MARPOL was signed on 17 February 1973 and
entered into force on 2 October 1983 with 154 state parties. It is the most
comprehensives and current operative international legal instrument on prevention of
vessel source pollution with the clear objective to achieve the complete elimination
on intentional pollution of the marine environment by oil or other harmful substances
and minimizes the accidental discharge of such substance.

The provisions under MARPOL deals with jurisdiction, powers of enforcement, and
inspection by States in the prevention of pollution by ships. Article 4 prescribes that
any violation is punishable either under the law of that Party or under the law of the
flag State. Article 5 provides on the certification and special rules on inspection of
ships in order to ensure safety and pollution compliance with “the powers to inspect,
detain and prosecute given to flag States and port States”. Besides, the flag States
and port States are empowered to demand the certificates in which failure to
produce the certificates or improper certificates can result in “sailing permission
being withheld” . A valid certificate is a proof that the ship complies with
requirements under MARPOL. However, the flag States and port States must not
cause undue delay to the ships in which any ships being unduly detained or delayed
under articles 4, 5 or 6 must be compensated for any loss or damage suffered.

Another requirement under MARPOL is an oil record book that contains the
movement of cargo oil and its residues and are subject to be inspected by any
member states at any time. The six Annexes under MARPOL lay out the technical
regulation which deal with aspect of operational pollution.

Annexes I regulates on the prevention of pollution by oil from operational measures

as well as from accidental discharged by requiring ships to have equipment and
plans in cases of oil spills. Annexes II deals with regulation to control pollution by

Page 7 of 17
Noxiuos liquid substance23. Annex III is the prevention of pollution by harmful
substances carried by sea in package form. Annex IV prevent pollution by sewage
from sea and discharged is prohibited unless a ship has approved sewage treatment
plan. Annex V is the prevention of pollution by garbage produced from ships. Lastly,
Annex IV regulates on prevention of air pollution from ships by controlling emissions
of nitrogen oxides and sulphur oxides.

The provision of MARPOL clearly in line with the prevention principles and it also
introduces inspection and enforcement mechanism and it may be apply also on non-
member state ships by the state member authority. 24

Another relevant convention which apply the prevention principle is “The Basel
Convention on the control of transboundary movement of hazardous wastes” (Basel
Convention). On 22 March 1989, 116 countries adopted the Convention and it came
into force on 5 May 1992. There are currently 186 parties to the convention with only
the United State as the only developed nation which did not ratify it. 25

The main objectives of the Convention are:

1) To reduce transboundary movement of hazardous waste to a minimum,
consistent with sound environmental management
2) To treat and dispose of hazardous wastes and other wastes as close as possible
to their source of generation in an environmentally sound manner
3) To minimise the generation of hazardous waste and other waste

The Convention regulates the transboundary movement 26 of hazardous and other

wastes applying the “Prior Informed Consent” procedure (shipments made without
consent are illegal).27 Shipments to and from non-Parties are illegal unless there is a

23
Noxious liquid substance means any substance indicated in the Pollution Category column of chapter 17 or
18 of the International Bulk Chemical Code or provisionally assessed under the provisions of regulation 6.3 as
falling into category X, Y or Z [www.marpoltraining.com/MMSKOREAN/MARPOL/Annex_II/r1.htm]
24
Article 5 MARPOL
25
Sarah Westervelt & Whitney Bekham, Externalizing the Costs of Hazardous Waste From the United States
(2015), 16 Vt.J, J. Envt.L.636.
26
Transboundary movement refers to any movement of hazardous waste or other waste from an area of
national jurisdiction of one State to or through an area under the national jurisdiction of another State,
provided at least two States are involved in the movement
27
Article 6 & 9 of Basel Convention

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special agreement.28 The Convention obliges its Parties to ensure that hazardous
and other wastes are managed and disposed of in an environmentally sound
manner.
The application of the “prior informed consent” procedure can be simplified as
following:
i. The exporting state must notify the transit and importing state of any proposed
transboundary movement and the information regarding the waste. 29
ii. Information of the waste must clearly indicate effects on proposed movement
on human health and environment.
iii. The importing state will respond by giving consent or deny the application or
required further information.
iv. The import state can prohibit the movement without prior written consent by
transit state.30
v. The convention provide any transboundary movement of hazardous waste
without consent is illegal31 and this act is criminal32.
vi. Any breach of the convention shall be govern by the contracting party’s
national legislation in accordance with the convention. 33

On 10 December 1999, The Basel Protocol on liability and Compensation (the Basel
Protocol) was adopted to deal with liability caused by damages of transboundary
movement of hazardous waste. Article 5 of the protocol impose financial
compensation on damages to protect claimant and leave it to individual state to
impose domestic caps on liability. There are currently just 13 signatories and 11
parties to the protocol.34

Examples of wastes regulated by the Basel Convention are Biomedical and

healthcare wastes , Used Oils , Used Lead Acid Batteries, Lithium Batteries, Nickel
cadmium Batteries , Persistent Organic Pollutant wastes, chemicals and pesticides
that persist for many years in the environment ,E-waste etc.

28
Article 4 & 11
29
Article 6(1)
30
Article 6(40
31
Article 9
32
Article 4(3)
33
Article 4(4).
34
http://www.basel.int/Default.aspx?tabid=1345

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Coming back to the prevention principle, it is now important to see the result of both
convention whether their existence and implementation reach the objective and the
prevention principle in general. For MARPOL, the statistic show that there has been
a decline in the amount of oil entering the sea from seas specifically dues to oil spills.
In 1970s, 24.5 spills per year and from 2010 to 2016, the number of spills have
greatly reduced to 1.7 spills per year. 35 For Basel convention, after 20 years, toxic
waste colonialism are still a problem36 as there are increase of hazardous waste and
the harsh economic pressure.

From the result so far, it seem that MARPOL are more successful compare to the
Basel Convention even though both convention apply the prevention principle.
However, it cannot be said for certain that the Basel Convention is a total failure as
the advancement of technology and human demand have increase the amount of
hazardous waste especially by develop country which always look for convenience
and cheap way to dispose of their waste.

A few steps and action can be taken to strengthen both convention especially the
Basel Convention. First, it is important to persuade the United State to ratify the
Basel Convention as they are one top producer of hazardous waste and the facts the
involvement of United State can encourage compliance with the convention
considering the US having the largest Navy fleet in the world and can monitor
transboundary movement of hazardous waste in open international sea. Secondly,
there is a need for assistance in term of technology, enforcement team and
monetary aid in accordance with co-operation principles 37 stated in both convention
from the develop country to developing countries in enforcing the provision of both
conventions. For example, developing countries in African continent lack aid to stop
act of dumping hazardous waste in their territory by foreign ships 38 even though they

35
ITOPF. ITOPF was established in 1968 in the wake of the TORREY CANYON oil spill. Its original function was
the administration of an oil spill compensation scheme. [ http://www. Itopf.com/knowledge-resources/data-
statistics]
36
Laura A. W. Pratt “Decreasing Dirty Dumping? A revaluation of Toxic Waste Colonialism and the Global
Management of Transboundary Hazardous Waste {2011), 35 Wm. & Mary Envtl. L & Policy Rev.
37
Article 4 MARPOL & Article 10 of Basel Convention
38
Mainly from develop country

Page 10 of 17
are member of both convention. This is where the develop country must play the role
in lending the support.

Next, is the United Nations must take proactive action and lobby for a more heavier
sanction like economic sanction against nation which is responsible for major oil
spills and toxic terrorism. If such sanction can be imposed by UN against Iran for its
nuclear programme, there is no reason not to use the same action against
environment terrorist.

In conclusion, the prevention principle which is adopted and apply in both convention
are necessary to prevent an environment disaster. Both convention have positive
and also negative result so far but the existence and enforcement of both
conventions are important international legal instrument to prevent any
environmental disaster for particular acts cover under both convention.

THE SUSTAINABLE DEVELOPMENT PRINCIPLE

The sustainable development implies two main objectives, which are environmental
protection and economic development. The economic development can also be
referred as a mean of the poverty alleviation.39

In the economic development, there should be a priority to the needs of the people,
especially those who are in poverty. Even though the present generation is pursuing
the economic development and poverty alleviation, this should not cause harm to the
environment which the future generations will depend on in order to meet their
needs. In other word, although the sustainable development recognizes the
economic development as a mean of achieving poverty alleviation, it limits such
development on the ground of environmental protection for the needs of the present
and future generations.

39
Aggarin Viriyo. Principle of Sustainable Development in International Environmental Law. Social Science
Research Network

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This principle was first acknowledge in Stockholm Declaration , which refers to the
balance between the environmental protection and the economic development, says
that in order to provide the maximum benefit to the people, the States should
integrate economic development with protection of the environment. 40 While the
States have a sovereign right to use their own natural resources, they must ensure
that such use does not adversely affect the environment of neighbourhood States 41.
The World Charter for Nature mentions about the importance of environmental
protection in the economic development. It also emphasises on the specific
principles of environmental protection, which are designed to guide the economic
development.42 Next, the Rio Declaration emphasises on the principles in the
Stockholm Declaration. It states that States must apply the precautionary principle in
balancing between the economic development and the environmental protection. 43

The principle of sustainable development was stated comprehensively in the 1985

ASEAN AGREEMENT ON THE CONSERVATION OF NATURE AND NATURAL
RESOURCES. It main objective is to conserve wild flora, fauna and renewable
resources through the protection of ecosystem, habitats and endangered species
and by ensuring sustainable use of harvested one. The preamble of the agreement
propounds the inter-relationship between the conservation and socioeconomic
development wherein the conservation is deemed necessary to ensure the
sustainability of development whereas the socioeconomic development is necessary
for the achievement of conservation.

The agreement contains 8 chapter with 35 article which required its contracting
parties to apply the sustainable development principle, identified the
interdependence of natural resources in attaining a balance ecosystem, ensures the
parties that caused damages be accountable, deal with environmental planning
measures, establishment of scientific research and public participation, and
emphasis on co-operation between members.

40
Principle 13 Stockholm Declaration
41
Principle 21 Stockholm declaration
42
World Charter for nature 1982
43
Principle 15 Rio Declaration

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Unfortunately, even though this agreement was regarded as ahead of it time, it is not
enforce until this date and only 3 out of 6 national which signed it have ratified the
agreement. This main reason for this is the contracting member state where not
involved in preparing the agreement and the agreement was prepare by other
organization44 which caused the ASEAN member to be reluctant to ratified an
convention which they do not understand, did not fully agreed on and will incurred
costs in implementation.

In the context of Malaysia, the principle of sustainable development is provided via

the provision in the Environmental Quality Control Act 1974. Any prescribed activities
like major development project, logging, mining, quarries and other are subject to
environment impact assessment (EIA) approval before works can begin. 45 The report
is a study to identify, predict, evaluate and communicate information about impacts
on environment of a proposed project and to details out mitigating measures prior to
project approval and implementation.46

However, even with the EIA report requirement, the enforcement and environment
effect are still questionable in Malaysia context because of the uncontrolled and
devastating bauxite mining activities in Pahang and the rare earth plant issue which
is also in Pahang. Nevertheless, to be fair, those two cases make the main headline
where environmental effect was obvious. Other project and development are also
subject to this requirements in Malaysia and so far there are no major/serious issue
except for the two case mentioned.

Going back to the international level, there seem to be hope in the silver lining.
The United Nations Conference on Sustainable Development (UNCSD), also
known as Rio 2012, was the third international conference on sustainable
development aimed at reconciling the economic and environmental goals of the
global community.

44
The IUCN (the World Conservation Union) Environmental Law Centre and the Commission on Environmental
Policy and Administration provided technical assistance in drafting the Agreement.
45
Section 34A of the Act
46
Environmental Impact Assessment. Procedure and Requirement in Malaysia. Department of Environment.
Ministry of Natural Resources and Environment

Page 13 of 17
The conference, was organized by the United Nations Department of Economic and
Social Affairs and included participation from 192 UN member states including 57
Heads of State and 31 Heads of Government, private sector companies, NGOs and
other groups. It was intended to be a high-level conference, including heads of state
and government or other representatives and resulting in a focused political
document designed to shape global environmental policy. 47 The summit resulted in
non-binding declaration by head of 192 nation to emphasise the need of
development which is within the limit of sustainability.

In Conclusion, the importance of sustainable development principle in environmental

law is undeniable and in my opinion is the most important principle in current age of
advancement of technology, wealth and with limited resources. The greed of man
will never end but there need to be clear understanding that development without
sustainability will be equivalent to us causing our own destruction slowly but surely it
will happen.

CONCLUSION

This paper have elaborate the 3 principle of international environmental law and how
it is applied in international convention and treaties. The result of compliance,
strength and weaknesses was discussed and recommendation to strengthen these
legal instruments was also make.

It is obvious that the treaties and convention which bring economic benefit and have
clear working mechanism like the ozone treaties is achieving its target and same
goes to MARPOL where prevention were implemented earlier 48 before the acts
occurred. The slow progress of Basel convention and Kyoto protocol are clearly
because the large production and consuming of products in current worlds which
cannot keep up with the objective of these convention even though it also have
working mechanisms in achieving it objectives.

It is important that the world recognized the danger of environment disaster are real
and imminent unless real action is taken in accordance with available measures

47
https://en.wikipedia.org/wiki/United_Nations_Conference_on_Sustainable_Development
48
Equips ship with necessary rules and equipment to prevent pollution

Page 14 of 17
already agreed. Going by the paste of current world and materialistic important, it
seem such recognition will have to come in a hard way ( for example, disaster like
major flooding because of greenhouse effect) to bring us to our senses but when that
time come, everything is already too late.

The world leader, NGO and relevant parties must now act and make in depth
analysis why certain convention works and why some not and try to implement the
values in the working convention into the other important convention.

In example, introduce and fund a new source of clean energy to combat greenhouse
emission and global warming. The source identified are solar, wind, biomass, hydro
damn, biofuel to substitute fossil fuel, coal and nuclear energy.

Finally, are we that greedy to begin with? We are being that being gifted with
magnificent brain to have critical thinking and why would we let matter like money,
ego, power, and politic blind us to obvious danger of environmental disaster. When
we are sick we quickly go to see a Doctor and when we are being oppress we united
and bring down the tyrant. Is it so difficult to works together and only think of our own
benefit and our, family, children and grandchildren benefit. What is the use of billions
in bank accounts or unlimited power and recognition if in the end our own children
and generation will suffer and eventually the human race will perish.

THE END

BIBLIOGRAPHY

Page 15 of 17
BOOK

1) MOHD AFANDI SALLEH. International Environmental Conventions and Treaties.

2002. International Law Book Services

TREATIES AND CONVENTIONS

1) Declaration of the United Nations Conference on the Human Environment 1972

2) International Convention for the Prevention of Pollution from ships 1973

3) World Charter for Nature 1982

4) The Vienna Convention for the Protection of the ozone Layer 1985

5) Montreal Protocol on substances that Deplete the Ozone Layer 1987

6) Basel Convention on Transboundary Movement of Hazardous Waste 1989

7) Convention on Biological Diversity 1992

8) Rio Declaration on Environment and Development 1992

9) United Nation Framework Convention on Climate Change 1992

10) Kyoto Protocol 1997

ARTICLES

1) R. E Delaso. The Precautionary principle: Relevance in International law and

Climate Change. 2005. Dissertation for Master in International Science Degree, Lund
University, Sweden

2) Barret, S (1998), ‘Political Economy of the Kyoto Protocol’, Oxford Review of

Economic Policy, 14 (4), 20-39.

3) Oskam , A.J, Vijftigschild, R.A.N, Graveland C. 1997. Additional EU Policy

Instrument for Plant Protection. Final Report.
4) Sarah Westervelt & Whitney Bekham. Externalizing the Costs of Hazardous
Waste From the United States (2015), 16 Vt.J, J. Envt.L.636

5) Laura A. W. Pratt. “Decreasing Dirty Dumping? A revaluation of Toxic Waste

Colonialism and the Global Management of Transboundary Hazardous Waste
(2011), 35 Wm. & Mary Envtl. L & Policy Rev

6) Aggarin Viriyo. Principle of Sustainable Development in International

Environmental Law. Social Science Research Network

Page 16 of 17
7) Environmental Impact Assessment. Procedure and Requirement in Malaysia.
Department of Environment. Ministry of Natural Resources and Environment

WEBSITES:

AS PER FOOTNOTES

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