BASIC PRINCIPLES OF ENVIRONMENTAL LAW AND SUSTAINABLE DEVELOPMENT For the purposes of the formulation, enforcement and compliance of environmental law and the realization of sustainable development, the principles that have been identified are seven, namely: 1) Sustainable utilization and inter-generationel equity ii) Integration of environmental exigencies into development planning and management iii) Public participation in environmental matters iv) Precautionary measures vy) Polltter pays vi) Prior consultation and international co-operation: vil} Provision of legal and stitutional arrangements, J. Sustainable Util ation and Inter-generational Equity The principle, which states that all environmental management strategies should be aimed ‘at meeting the development objectives of the present generation without jeopardizing the interests of the future generations to enjoy the same, is now at the foundation of alt environmental legislation and management. It rejects alt precepts of shori-term econemic or industrial growth, which ignore environmental conservation. In fact, with its most popular expression in the Brundtland Commission as “ Our Common Future”. it was pivotal to the discussions and outcome of the Rio Conference. 11 is only the principle of sustainable ullization that facilitates the realization of the iner- generation equity. Inter-generational equity is an essential foundation for all internationel protection and the concept of sustainable development In other words. the development of environmental law should be vi wed. initially, as promot ation of neural resources, which also protects the threshold of sustainabitity os2. Integration of Environmental Exigencies into Development Planning and Management The principle that environmental considerations should be taken into account and, to every extent possible. in grated inte develapment planning and management ic arguably one of the most revolutionary ideas in developmen thought. Ii will be recalled ihat hitherto, the view in most quarters has been that environmental considerations impede development. Until recently, the general position has been that environmental degradation, particularly pollution, is historically part and parcel of the economic and industrial prosperity of the western world. Truly. this was in fact a manifest confusion of concepts because development should include qualitative improvement rather than simple umulative sectoral growth. Most outstanding is that the principle requires environmental legislation, which lncilitetes the integration of environmental exigencies into development planning and management N reduces the traditional inordinete reliance on the State police powers characterized by command and control_mechanisms. Instead. this principle places the primary responsibility on the line ministries or departments t0 safeguard the threshold of suitability in the actual management and the promotion of productivity in cach sector. Burt the present principle is a consequence of the recognition that development requires sustainable utilization of the natural resources and the environment wi hin which they exist. It is a part of the general recognition that sustainable develop nt reg sustainable tilization of the natural resources and, therefore, the imperatives of conservation of the natural resources should be part and parcel of environmental planning and management as they will actually protect the threshold of sustainability of all the resource sectors. Therefore, in national legislation. this prine He would find expression either explicitly in the statutes or in the nature of obligations imposed an the sectoral or functional departments4, Precautionary Measures Under this rubric is the principle requiring that every precaution and prudence be exercised to: prevent any possible deleterious environmental consequences of any socio~ or military activities, Such mea res may he in different forms. W is important o note that since the adoption of the Rio Principles in 1992, the most popular category of precautionary measures is the one well-known as the Precationary Principle. Other forms of precautionary measures are Environmental Impact Assessment (EIA); Environmental Risk Assessment (ERA): Environmental Audit and Environmental Monitoring. 5 Polluter Pays Principle The principle is used here broadly to imply that whoever is responsible for environmental degradations should be responsible for its reparation, covering both civil liability and criminal responsibility. To this end, the Rio Declaration is explicit in its Principle 13 where States are required to develop national laws regarding liability and compensation to victims of pollution and other environmental damage, 6. Prior Consultation and Ultimate Co-operation Legal instruments should provide for requirements for prior consultation andlor co- operation in environmental management. Prior consultation is essential fer cooperation. but the obligetion to undertake prior consultations dees not imply that there is cooperation. Nor yet does commitment to prior consultation imply acceptance of veto over the project involved. It may only imply an acceptance of co-existence. However. because of that link, the two aspects are treated together. In the Stockholm Declaration, there is an explicit provision te this effect in Principle 24 which requices that matters of envirenmental protection be handled in a co-operative