International Co-operation and State

Responsibility
International co-operation in
environmental matters is becoming
very important in order to prevent
potential environmental damage.
--------------------------------

shamsuddin masum

2. Need for International Co-operation

to Protect Environmental Damage
-----------------------------------------

shamsuddin masum

UN Charter
Article 74 of United Nation Charter provides the
principle of good neighbourliness.
Members of the United Nations also agree that their
policy in respect of the concerned territories must be
based
on
the
general
principle
of
goodneighbourliness, due account being taken of the
interests and well-being of the rest of the world, in
social, economic, and commercial matters.
That principle is also extended to environmental
matters.
shamsuddin masum

Stockholm
The duty of the states for co-operation is stressed
in Principle 24 of Stockholm Declaration:
International matters concerning the protection
and the improvement of environment should be
handled in co-operative spirit by all countries, big
and small, on equal footing. Cooperation through
multilateral and bilateral arrangements or other
appropriate means is essential to effectively
control, prevent, reduce and eliminate adverse
environmental effects resulting from activities
conducted in all spheres.
shamsuddin masum

Rio
Principle 2 of Rio Declaration provide the
general principle that states have the
responsibility to ensure that activities within
their jurisdiction or control do not cause
damage to environment of other States or of
areas beyond the limits of national jurisdiction.
General obligation of the state is to prevent
transboundary harm. In case they do not 'take
all appropriate measures to prevent significant
transboundary harm, or minimise the risk
thereof' 77 they can be held responsible.
shamsuddin masum

Rio
Principle 7 of the Rio Declaration
provides that states shall co-operate
in a spirit of global partnership to
conserve, protect and restore the
health and integrity of the Earths
ecosystem.

shamsuddin masum

Conclusion
In fact, Stockholm and Rio are two
soft law mechanisms that have
outlined general principles for cooperation
for
environmental
protection. More important would be
to include those principles in
multilateral or bilateral international
agreement to give them binding
force. Only in that way a state can
take procedural steps to prevent
shamsuddin masum