3.2.4 Rio declaration
Origins
The Rio Declaration on Environment and Development started life as the Earth Charter. Maurice Strong wanted a declaration that would be a short, uplifting, inspirational, and timeless expression of a bold new global ethic.
At an early point in the Earth Charter negotiations, the US delegation echoed this view, imagining the Earth Charter hanging in every child's bedroom, only to be sharply put down by a reminder from a developing country delegate that not every child had a bedroom. This incident epitomised the tension within the Earth Charter. Under the guidance of delegates who felt anything but uplifted and inspired, it became a distillation of many of the conflicts and political differences which infused the whole of the conference agenda.
In Nairobi at the first Prepcom session, delegates were told that the Earth Charter was to contain "the basic principles for the conduct of nations and peoples with respect to environment and development to ensure the future viability and integrity of the Earth as a hospitable home for human and other forms of life".
At the second Prepcom session held in Geneva, Strong laid out his ideas for the Earth Charter's relation to Agenda 21; "Agenda 21 is envisaged as a programme of action for the implementation of the principles enunciated in the Earth Charter". The UNCED Secretariat produced a preliminary check-list of elements which might be considered fbr the Earth Charter, drawn from existing documents. At this point it became clear to delegates that the Earth Charter had no clear direction, and was more or less a free-for- all.
The final shape of the Earth Charter was largely determined during the third Prepcom session in Geneva, although it took firm control from the Chairman in Prepcom 4 to force through a Chair's draft when negotiations became gridlocked.
Initially, discussions developed from a consolidated draft which included 145 proposals grouped into 17 headings. Early on, the Malaysians expressed concern that "Earth" Charter was too environmental and that the name and emphasis of the document should be changed to reflect development concerns. Their suggestion was to call it the Rio Declaration on Environment And Development.

The Declaration
The United Nations Conference on Environment and Development,
Having met at Rio de Janeiro from 3 to 14 June 1992,
Reaffirming the Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm on 16 June 1972, and seeking to build upon it.
With the goal of establishing a new and equitable global partnership through the creation of new levels of cooperation among States, key sectors of societies and people,
Working towards international agreements which respect the interests of all and protect the integrity of the global environmental and developmental system,
Recognising the integral and interdependent nature of the Earth, our home,
Proclaims that:

Principle 1
Human beings are at the centre of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature.
Principle 2
States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
Principle 3
The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations.
Principle 4
In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.
Principle 5
All States and all people shall cooperate in the essential task of eradicating poverty as an indispensable requirement for sustainable development, in order to decrease the disparities in standards of living and better meet the needs of the majority of the people of the world.
Principle 6
The special situation and needs of developing countries, particularly the least developed and those most environmentally vulnerable, shall be given special priority. International actions in the field of environment and development should also address the interests and needs of all countries.
Principle 7
States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth's ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit of sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command.
Principle 8
To achieve sustainable development and a higher quality of life for all people, States should reduce and eliminate unsustainable patterns of production and consumption and promote appropriate demographic policies.
Principle 9
States should cooperate to strengthen endogenous capacity-building for sustainable development by improving scientific understanding through exchanges of scientific and technological knowledge, and by enhancing the development, adaptation, diffusion and transfer of technologies, including new and innovative technologies.
Principle 10
Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.
Principle 11
States shall enact effective environmental legislation. Environmental standards, management objectives and priorities should reflect the environmental and developmental context to which they apply. Standards applied by some countries may be inappropriate and of unwarranted economic and social cost to other countries, in particular developing countries.
Principle 12
States should cooperate to promote a supportive and open international economic system that would lead to economic growth and sustainable development in all countries, to better address the problems of environmental degradation. Trade policy measures for environmental purposes should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. Unilateral actions to deal with environmental challenges outside the jurisdiction of the importing country should be avoided. Environmental measures addressing transboundary or global environmental problems should, as far as possible, be based on an international consensus.
Principle 13
States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage. States shall also cooperate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their jurisdiction or control to areas beyond their jurisdiction.
Principle 14
States should effectively cooperate to discourage or prevent the relocation and transfer to other States of any activities and substances that cause severe environmental degradation or are found to be harmful to human health.
Principle 15
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.
Principle 16
National authorities should endeavour to promote the internationalisation of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in
principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment.
Principle 17
Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority.
Principle 18 States shall immediately notify other States of any natural disasters or other emergencies that are likely to produce sudden harmful effects on the environment of those States. Every effort shall be made by the international community to help States so afflicted.
Principle 19
States shall provide prior and timely notification and relevant information to potentially affected States on activities that may have a significant adverse transboundary environmental effect and shall consult with those States at an early stage and in good faith.
Principle 20
Women have a vital role in environmental management and development. Their full participation is therefore essential to achieve sustainable development.
Principle 21
The creativity, ideals and courage of the youth of the world should be mobilised to forge a global partnership in order to achieve sustainable development and ensure a better future for all.
Principle 22
Indigenous people and their communities, and other local communities, have a vital role in environmental management and development because of their knowledge and traditional practices. States should recognise and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development.
Principle 23
The environment and natural resources of people under oppression, domination and occupation shall be protected.
Principle 24
Warfare is inherently destructive of sustainable development. States shall therefore respect international law providing protection for the environment in times of armed conflict and cooperate in its further development, as necessary.
Principle 25
Peace, development and environmental protection are interdependent and indivisible.
Principle 26
States shall resolve all their environmental disputes peacefully and by appropriate means in accordance with the Charter of the United Nations.
Principle 27
States and people shall cooperate in good faith and in a spirit of partnership in the fulfilment of the principles embodied in this Declaration and in the further development of international law in the field of sustainable development.