AAAS Scientific Responsibility, Human Rights and Law Program

Environment and Human Rights Project

International Agreements, Treaties, and Conventions on Environment and Human Health

A Summary Note by Chris Calamita (21 February, 2002)

Introduction

The following is a survey of international agreements dealing with the environment and human health. As our understanding of the natural world improves, so does our understanding of the relationships between the environment, economic development, human health, and human rights. Environmental protection and human rights are gaining an increased level of integration as overlapping interests continue to be identified. Initial tension may exist between what is seen as the protection of human rights for an increasing population and the need to protect finite resources.1 However, the role of a healthy environment for the protection and stability of peoples, both present and future, and the need for sustainability to secure the availability of essential resources is gaining recognition.2 The following list includes agreements that illustrate the integration of human rights and environmental protection. The agreements represent a consensus between the interests of both. In some cases those interests may appear to compete but the overall general goals are consistent. The list is provided as a starting point for finding common ground between the environmental and human rights movements.

The following list is in no way comprehensive, but includes major, mainly multilateral treaties, which demonstrate the commonality between both human rights and environmental interests. The agreements in bold type are included on the American Association for the Advancement of Science (AAAS) Human Rights and Environment website. The site offers a brief summary of each agreement with a link to the full text. This summary and the website are not meant to provide a complete listing of relative treaties. Rather, they serve as an initial resource for utilizing the tools of both movements to achieve mutual objectives.

The international agreements are categorized by area of focus. This categorization is to an extent arbitrary. For example, the Protocol Concerning Cooperation in Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency (1976)3 is listed under Energy and Material resources because it focuses on pollution resulting from the production and transportation of oil. Yet because this protocol deals with the Mediterranean Sea, it could also be listed under the Marine Resources and Fisheries heading. The grouping is for ease of reference and intended to structure the agreements by their area of focus and by the context in which they developed.

Introduction to International Agreements

The titles of international instruments often include terminology such as treaty, convention, protocol, agreement, declaration, etc. This terminology is indicative of the overall legal effect of the instrument. While the title does not control the overall legal effect of the instrument,4 it often accurately reflects the instrument’s legal effect. It is worth describing the general definition of the most common terms.

International agreements and treaties include several designations that can be helpful in determining the scope and role of the agreement. In general, a treaty is "an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation."5 The term "States" refers to sovereign nations that have the ability to negotiate on the international level. The Vienna Convention definition of treaties was expanded in 1986 to encompass agreements that included international organizations, like the United Nations, as parties.6 In the generic sense, the term "treaty" applies broadly to a variety of international agreements, requiring a determination of the parties’ intent to characterize the legal effect of the instrument.

The term convention can also be a generic term with a similar meaning as treaty. A convention is a treaty or agreement "which creates solemn, legally binding international obligations."7 Generally, a convention denotes a formal instrument of a multilateral, as opposed to a bilateral nature. A convention is typically intended to remain open for participation by a large number of States and / or international organizations.8 Entry into force depends on a minimum number of States ratifying the convention. An example is the 1985 Vienna Convention for the Protection of the Ozone Layer. The Convention entered into force only after a minimum of twenty States deposited an instrument of ratification, acceptance, approval, or accession with the Convention secretariat.9

Ratification, acceptance, approval, and accession are methods by which a State becomes bound by an international instrument. The establishment of the form and content of a proposed treaty is through the formal act of "adoption." "Adoption" is the expression of consent of the parties to the form of the final instrument.10 "Ratification" is the act whereby a state indicates its consent to be bound to an international instrument.11 "Acceptance" and "approval" of an instrument are expressions of consent to be bound by a treaty and have the same effect as "ratification."12 "Accession" is acceptance of an offer or opportunity to become a party to a treaty already negotiated and signed by other states.13 This also has the same legal effect as ratification. The procedure for ratification, acceptance, approval, or accession is provided for in the provisions of the instrument.

An instrument that amends, supplements, or clarifies a convention or other broad international agreement is often referred to as a protocol. A protocol is an agreement governed by international law. It has all of the characteristics of a treaty, but is linked to a main instrument. The protocol tends to deal with a distinct area of interest contained in the main instrument, or an area not covered by the main instrument. The Montreal Protocol on Substances that Deplete the Ozone Layer establishes specific mechanisms required by the obligations created by the 1985 Vienna Convention for the Protection of the Ozone Layer.14 The Montreal Protocol deals with specific control requirements for ozone depleting substances, establishing a course of action to achieve the goals of the 1985 Vienna Convention for the Protection of the Ozone Layer.

Unlike a convention, which is multilateral, an agreement commonly refers to a bilateral instrument. Specifically, an agreement may pertain to a single instrument that deals with a narrow or less permanent subject matter.15

A declaration "declares existing law, with or without modification, or creates new law …; or [is an instrument] which affirms some common principle of policy."16 Unlike the preceding terms a declaration may not necessarily create new law. It may be used to express a policy without establishing new legal obligations. A declaration can also be used to develop new law, establishing binding obligations on the parties.

All of these definitions are generalities and are useful guides, but it is the nature of the agreement combined with the intention of the parties that will be controlling when interpreting an international instrument. Article 31(1) of the Vienna Convention on the Law of Treaties directs that terms must be given a good faith interpretation "in accordance with the ordinary meaning [of] the terms of the treaty in their context and in the light of [the treaty’s] object and purpose." [emphasis added].

The titles of the following treaties are useful indications of the legal effect of the instrument. For a comprehensive understanding of a specific instrument, each title is hyper-texted to a brief summary and link for the full text of the instrument.

Air Pollution

The transboundary nature of air pollution has provided the impetus for a variety of regional agreements. Although not directly applicable to traditional human rights issues, these agreements recognize the regional, if not global, effects of environmental degradation on human health and welfare.

In 1979, the European Community, the United States and Canada addressed the need to protect humans and the environment against the detrimental effects of long-range transboundary air pollution. With the Convention on Long-Range Transboundary Air Pollution, these nations established a framework to limit, reduce, and prevent air pollution associated with industrialized nations. Drafted after a link was discovered between sulphur emissions in continental Europe and the acidification of Scandinavian lakes, the Convention created an international structure for research and policy development to combat the effects of air pollution. The Convention on Long-Range Transboundary Air Pollution set forth the mechanism for developing specific emission limitations through corresponding protocols.

In 1984, the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Long-term Financing of the Cooperative Programme for Monitoring and Evaluation of the Long-Range Transmissions of Air Pollutants in Europe (EMEP) provided the necessary funding to monitor and evaluate the impact of pollutants. The 1984 Protocol created a cooperative basis for the review and assessment of relative air pollution. The 1985 Protocol on the Reduction of Sulphur Emissions or their Transboundary Fluxes by at Least 30 Per Cent was the first protocol associated with the 1979 Convention to set a reduction standard for a specific pollutant. This was followed in 1988 by the Protocol Concerning the Control of Emissions of Nitrogen Oxides or their Transboundary Fluxes, and again in 1991 with the Protocol Concerning the Control of Emissions of Volatile Organic Compounds or their Transboundary Fluxes.

The Convention on Long-Range Transboundary Air Pollution continued to serve as a platform for international agreement on the reduction of air pollution. The 1994 Oslo Protocol on Further Reduction of Sulphur Emissions approached the problem of sulphur emissions from an effects-based approach and sought to establish a critical load concept, taking into consideration best available technology, energy savings and the application of economic instruments. The 1998 Aarhus Protocol on Heavy Metals mandated the reduction of cadmium, lead, and mercury emissions through the use of the best available technology. The 1998 Aarhus Protocol on Heavy Metals focused on emissions from industrial sources, combustion processes, and waste incineration. Also in 1998 the Aarhus Protocol on Persistent Organic Pollutants (POPs) was adopted under the framework of the 1979 Convention. The 1998 POPs protocol regulated the use, elimination and disposal of 16 substances that had been singled out according to agreed risk criteria: aldrin, chlordane, chlordecone, dieldrin, endrin, hexabromobiphenyl, mirex, toxaphene, DDT, heptachlor, hexaclorobenzene, PCBs, dioxins, furans, polycyclic aromatic hydrocarbons (PAHs) and hexachlorocyclohexane (HCH) isomers.

The 1999 Gothenburg Protocol to Abate Acidification, Eutrophication and Ground-level Ozone set emission ceilings to be achieved by 2010 for sulphur, NOx, VOCs, and ammonia continuing the reliance on best available technology.

The need to address transboundary air pollution was acknowledged beyond the 1979 Convention in the Agreement between the Government of Canada and the Government of the United States of America on Air Quality. This treaty again recognized the significant harm to natural resources and human health resulting from the long-range nature of air pollution.

The commitment of the international community to combat the impacts of long-range air pollution offers examples of structures and mechanisms for achieving multilateral agreements to improve the human environment.

Biological Diversity / Conservation

Traditional international agreements concerned with the conservation of wildlife and wild resources may have little application to human rights issues and may in fact be counter to certain human rights interests. Earlier treaties tended to focus on an individual species or group of species as a resource. Treaties primarily addressed visibly threatened resources, such as migratory animals or endemic species. This focus created the potential for placing preservation and conservation concerns above human concerns. Groups excluded from participation in the negotiations have been particularly vulnerable. This was seen on the national level with the creation of the Amboseli National Reserve Wildlife Sanctuary established in Kenya in 1948. (Amboseli became a national park in 1974.) The preservation of the wildlife of the central Kalahari excluded the pastoral Maasai from prime dry season grazing areas.17 By excluding the Maasai from the conservation plan, the pastoral traditions of the Maasai were disrupted creating difficulties for both the Maasai and the conservation efforts.18 But the understanding of the relationship of humans, particularly indigenous peoples, with the environment is increasing. More recently, the need to address human issues has been recognized as essential to developing successful conservation programs.

The International Convention for the Regulation of Whaling is an example of an international response to a severely threatened natural resource. Signed in 1946, the International Convention for the Regulation of Whaling established the International Whaling Commission (IWC). The IWC was to provide for the conservation of whale stocks in order to ensure the development of the whaling industry. It was a similar threat of decline to the European bird population that led several European nations to amend the 1902 International Convention for the Protection of Birds Useful to Agriculture with the adoption of the International Convention for the Protection of Birds in 1950. As trade developed, nations became aware of the hazards to native plants and agricultural crops from the introduction of pests and non-native species. Adopted at the United Nations Food and Agriculture Organization conference in 1951, the International Plant Protection Convention sought to secure action against the introduction of plant and plant product pests through the establishment of phytosanitary measures. The Convention for the Establishment of the European and Mediterranean Plant Protection Organization was adopted as a regional agreement under the International Plant Protection Convention that same year.

Treaty development for the conservation of flora and fauna as a natural resource continued with the Benelux Convention Concerning Hunting and the Protection of Birds (1970), the Agreement on Conservation of Polar Bears (1973), the Convention on Conservation of North Pacific Fur Seals (1976) [not in force], the Convention for the Conservation and Management of the Vicuna (1979), the Convention on the Conservation of Migratory Species of Wild Animals (1979), and the Agreement on Cooperation in Research, Conservation and Management of Marine Mammals in the North Atlantic (1992).

In 1964, parties to the Antarctic Treaty of 1959 adopted the Agreed Measures for the Conservation of Antarctic Fauna and Flora. The 1964 measures arose from a desire to conserve the Antarctic ecosystem for its scientific value and uniqueness. The measures protected the native flora and fauna of an ecological region, not just specific species. The desire for comprehensive protection of Antarctica continued with the Protocol to the Antarctic Treaty on Environmental Protection (1991) [not in force]. The Protocol, when in force, would reaffirm the status of Antarctica as a special conservation area and enhance the framework for the protection of Antarctica as an ecosystem.

Agreements began to take a wider view of conservation to include the complexities and relationships within and between ecosystems. The importance of human interaction and reliance on an ecologically diverse world became a major consideration. A healthy environment became linked to human health and development. In incorporating these concerns, the Declaration of the United Nations Conference on the Human Environment, Stockholm 1972, was a watershed event. The Stockholm Declaration recognized the human role in shaping the environment and the importance of protecting and improving the human environment for the well-being of peoples and economic development. With a series of environmental principles in the 109-point Environmental Action Plan, the Declaration legitimized environmental policy as a universal concern. The corresponding resolution recommended institutional and financial implementation by the United Nations, resulting in the creation of the United Nations Environment Programme (UNEP). UNEP now plays an integral role in the negotiation of global environmental treaties.

The Stockholm Declaration became the forerunner for treaties dealing with conservation and biodiversity concerns on a broader scale. The 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) recognized the diversity of wild flora and fauna and sought to provide protection for these "irreplaceable part[s] of the natural system of the earth." Biological diversity was now seen as integral to human development and culture. The Stockholm Declaration and its environmental principles went on to shape regional treaties such as the Convention on Conservation of Nature in the South Pacific (1976), the Convention on the Conservation of European Wildlife and Natural Habitats (1979 Bern Convention), the Benelux Convention on Nature Conservation and Landscape Protection (1982), the ASEAN Agreement on the Conservation of Nature and Natural Resources (1985) [not iin force], the Protocol Concerning Protected Areas and Wild Fauna and Flora in the Eastern African Region (1985) [not in force], and the Convention for the Protection of the Natural Resources and Environment of the South Pacific Region (1986).

The United Nations reaffirmed the goals of the Stockholm Declaration with the World Charter for Nature in 1982. Ten years later, twenty years after the Stockholm Conference, the 1992 World Conference on Environment and Development in Rio de Janeiro (the Earth Summit) continued the efforts and recommendations set forth in the Stockholm Declaration with the Convention on Biological Diversity. The Convention on Biological Diversity incorporated the concept of human reliance on biologically diverse ecosystems as a source for the basic necessities required for human life, culture, and development.

The view of conservation outlined in the Stockholm Declaration includes the welfare of humans as a foundation for international environmental agreements. The treaties and declarations following this mold integrate human rights and environmental protection.

Energy and Material Resources

Treaties and agreements dealing with energy and material resources can be separated into two major categories: those that establish the rights of States to exploit resources and those that address the potential harm that can result from exploitation. The first category focuses on exploration. The exploration related treaties listed here have little application to human rights issues. The 1958 Convention on the Continental Shelf defined and delimited the rights of States to explore and exploit the natural resources of the continental shelf. The 1982 Agreement Concerning Interim Arrangements Relating to Polymetallic Nodules of the Deep Sea Bed made provisions for avoiding overlapping claims in future pioneer activities. Although not yet in force, the 1988 Convention on the Regulation of Antarctic Mineral Resource Activities was adopted to regulate mineral resource activities in a manner that was equitable and would prohibit damage to the environment. These agreements sought to ensure that exploration and exploitation of resources are achieved in an orderly and peaceful manner.

The second group of treaties provides for protection from and compensation for environmental hazards related to the energy industry. The exploration, exploitation, and transportation of oil have the potential for causing severe damage on the high seas and across international boundaries. The International Convention for the Prevention of Pollution of the Sea by Oil of 1954 (and as amended in 1962 and 1969) was to prevent pollution of the sea by oil discharged from ships, both tankers and non-tankers. The International Convention established limits on oil discharge resulting from normal operation of the ships and set up a monitoring system to enforce the limits. The 1969 International Convention on Civil Liability for Oil Pollution Damage recognized the dangers of pollution posed by the maritime transportation of oil. The 1969 Convention sought to ensure adequate compensation for persons who suffer damage from oil pollution that escapes or is discharged from ships. The 1969 International Convention adopted uniform international rules for determining questions of liability and adequate compensation. Two years later in 1971, the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage supplemented the 1969 International Convention to ensure that oil cargo interests bear part of the economic consequences of such oil pollution.

In 1978, the Protocol Concerning Regional Cooperation in Combating Pollution by Oil and other Harmful Substances in Cases of Emergency enhanced on a national and regional basis the existing measures for responding to pollution emergencies. In 1976, parties to the Convention for the Protection of the Mediterranean Sea against Pollution adopted the Protocol Concerning Co-operation in Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency.

Protocols dealing with maritime pollution began to develop from regional anti-marine pollution conventions: Agreement on Regional Cooperation in Combating Pollution of the South-East Pacific by Hydrocarbons or Other Harmful Substances in Cases of Emergency (1981), the Protocol Concerning Regional Cooperation in Combating Pollution by Oil and Other Harmful Substances in Cases of Emergency (1982), the Protocol Concerning Cooperation in Combating Oil Spills in the Wider Caribbean Region (1983), the Agreement for Cooperation in Dealing with Pollution of the North Sea by Oil and other Harmful Substances (1983 Bonn Agreement), the Supplementary Protocol to the Agreement on Regional Cooperation in Combating Pollution of the South-East Pacific by Hydrocarbons or Other Harmful Substances in Cases of Emergency (1985), and the Protocol Concerning Cooperation in Combating Pollution Emergencies in the South Pacific Region (1986).

In 1989, the parties to the Kuwait Regional Convention for Co-operation on the Protection of the Marine Environment from Pollution addressed pollution concerns arising from off-shore operations with the Protocol Concerning Marine Pollution Resulting from Exploration and Exploitation of the Continental Shelf. The Protocol required contracting States to take all appropriate steps to combat marine pollution from offshore operations within the parts of the Protocol Area under their jurisdiction.

In 1990, the wider international community again took up the threat of oil pollution from ships. Although not yet in force, the International Convention on Oil Pollution Preparedness Response and Cooperation would "strengthen the legal framework for the control of environmental pollution by oil, in general, and marine pollution by oil in particular, by providing a basis for preparedness, and for a response-capability, to deal with incidents of oil pollution in the marine environment."

In 1992, the International Convention on Civil Liability for Oil Pollution Damage of 1969 was amended by the Protocol to Amend the International Convention on Civil Liability for Oil Pollution Damage to provide for improved scope and enhanced compensation. In the same year, the Protocol to Amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 1971 amended the International Convention. The Protocol provided for improved scope and enhanced compensation, arranged for the amended Convention to coexist with and be supplementary to the original Convention for a transitional period, and continued to provide for the economic consequences of pollution damage to be shared by the shipping industry and the oil cargo interests.

The energy and material resource treaties that deal with pollution prevention and emergency response recognize the potential negative impact that can occur from resource exploitation. This series of treaties provides a framework for addressing the direct impact to humans and the environment on which they rely.

Forestry and Agriculture

According to the Food and Agriculture Organization of the United Nations (FAO), over 790 million people are undernourished.19 Agriculture and forestry provide populations with not only food, but also materials for clothing and shelter. The role of a State in providing its people with the ability to develop these resources often raises issues of equity. Food security and sustainable forestry are becoming further linked to social and cultural preservation as well as to a healthy environment. The role of treaties has grown with the development of this link. The subject matter of agreements has evolved from pest control and adequate production to sustainable management and equitable access to technologies.

The Plant Protection Agreement for South-East Asia and the Pacific Region (1955) was a supplemental agreement under the International Plant Protection Convention of 1951. The 1955 Agreement focused on the protection of agricultural crops susceptible to destruction from introduced pests, weeds and viruses. The Russian Federation and former Eastern Bloc nations recognized the similar threat to national economies when enacting the 1959 Agreement Concerning Cooperation in the Quarantine of Plants and Their Protection Against Pests and Diseases. Concern extended to the protection of livestock as well as plants, as in the 1973 Agreement for the Establishment of a Regional Animal Production and Health Commission for Asia and the Pacific. The 1973 agreement was one of many to start within the FAO.

Through FAO conventions, nations recognized the need to provide support beyond protection from invasive pests and began to work to provide technical support to agricultural societies. The Agreement for the Establishment of a Centre on Integrated Rural Development for Asia and the Pacific (1978) aimed to improve the production, income, and living conditions of small scale farmers and other marginalized rural groups. This agreement centered on the exchange of ideas, technology, and experience to encourage collaborative activities among the member states. In 1979, the Agreement for the Establishment of a Centre on Integrated Rural Development for Africa established a similar framework to encourage the participation of rural communities to participate in their social and economic life. In 1981, Latin America and the Caribbean saw a similar focus with the Agreement for the Establishment of a Regional Centre on Agrarian Reform and Rural Development of Latin America and the Caribbean [not in force].

The International Tropical Timber Agreements of 1983 and 1994 focused on providing a framework for cooperation and consultation between those countries producing and consuming tropical timber. Through an established framework, the International Tropical Timber Organization has been able to promote sustainable utilization and conservation of tropical forests. By fostering greater transparency in the international timber markets, the Agreements can effectively promote non-discriminatory, sustainable practices.

As the need to provide adequate food resources for an increasing population continues, States will need to continue to rely on international cooperation to ensure food and agricultural resource security.

Global Climate

The mid-1980s was a period of increased concern with the human impact on global climate. The Intergovernmental Panel on Climate Change (IPCC), established by the World Meteorological Organization and the UN Environment Programme, presented evidence of global climate change with its first report in 1990. As global environmental concerns gained public awareness, international action to address the threat of global climate change became a viable response.

In 1992, the United Nations Framework Convention on Climate Change was adopted, coming into force in 1994. The Convention sets forth the ultimate objective of stabilizing atmospheric concentrations of greenhouse gases at safe levels. The Convention does not establish exact concentrations or a time frame for achievement. It states only that safe levels "should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner." The Convention divided the participating States into two categories: Annex I and Annex II. Annex I is comprised of States that have historically had the greatest impact on climate change: the industrialized nations. Annex II is comprised of developing nations.

The Framework Convention created several institutions to ensure that international bodies continue to address the issue of global climate change. Most notably, the Framework Convention created the Conference of Parties (COP), the highest decision-making authority under the Convention. The COP meets annually to review the implementation of the Convention. It was at the third meeting of the COP, in 1997, that the Kyoto Protocol to the UN Framework Convention on Climate Change was adopted. The Protocol committed Annex I parties to legally binding emissions limits for greenhouse gases. Although the Protocol set specific limits for reduction, it left open many issues of concern and has yet to receive sufficient ratifications to enter into force.

The need for a better understanding of the potential impacts of global climate change has also given rise to regional agreements such as the Agreement Establishing the Inter-American Institute for Global Change Research (1992). This 1992 Agreement was adopted in order to encourage regional and national efforts to address the issues related to global climate change.

The impact of global climate change threatens almost every aspect of society, from availability of food to human health concerns. The UN Framework Treaty, the Kyoto Protocol, and subsequent agreements do not provide tools for dealing with the human rights issues that arise out of global climate change. But the process serves as an example of agreements can be reached on a complex issue and illustrates the potential difficulties of negotiations between industrial and developing nations.

Human Health and Welfare

This category of treaties, agreements, and declarations deals directly with the protection of "the inherent dignity and … the equal and inalienable rights of all members of the human family." It has been recognized in international law that rights of all humans include not only political and legal rights and freedoms, but also the right to the highest attainable standard of adequate health. The right to the highest attainable standard of health requires an environment free from hazardous levels of pollution, clean water supplies, and a diverse and productive environment that can provide the necessities of life.

The Constitution of the World Health Organization (1946) declared the fundamental right to an adequate standard of health beyond the mere absence of disease. The WHO Constitution recognized the interdependence between peace and security and the mental, physical, and social wellbeing of all humans. When the General Assembly of the United Nations adopted the Universal Declaration of Human Rights in 1948, it included as one of the rights inalienable to all humans the right of access to an adequate standard of health.

Subsequent international human rights treaties deal with the human rights of particular groups, for example, women and children. In 1959, the United Nations adopted the Declaration of the Rights of the Child, recognizing that children "by reason of [their] physical and mental immaturity, [need] special safeguards and care, including appropriate legal protection, before as well as after birth." In 1979 the UN General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women: an international bill of rights for women. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) [not in force] aimed to create international standards for the protection of the human rights of migrant workers and their families.

To strengthen the rights of children the UN General Assembly in 1989 adopted and opened for accession the Convention on the Rights of the Child, which entered into force in 1990. The Convention presented a legally binding international instrument that incorporated civil, political, economic, social and cultural rights. To strengthen the original Convention, it was followed by the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts (2000) and the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000), which have both entered into force.

In providing for the availability of human rights and health, consideration must be given to the physical environment. Food and resources for shelter depend on the productivity of the both agricultural land and the natural environment. The 1992 International Conference on Nutrition called for environmentally sound and sustainable development as part of the solution to the world’s hunger crisis. In order to ensure the right of access to an adequate standard of health is realized, consideration must be given to protection of the natural environment in which all humans live.

Land and Soil Conservation

The need to maintain productive lands for human use, as well as for conservation purposes, has long been recognized. Early efforts focused on the protection of agricultural crops and lands from migratory locusts. This involved establishing regional frameworks for the development and exchange of information and technologies for the prevention and control of locusts. The 1962 Convention of the African Migratory Locust Organization recognized that the migratory nature of the problem created the need for an international solution. The Food and Agriculture Organization of the United Nations provided the framework for other regional agreements such as the 1965 Agreement for the Establishment of a Commission for Controlling the Desert Locust in the Near East and the 1977 Agreement for the Establishment of a Commission for Controlling the Desert Locust in Northwest Africa.

In 1994, in response to Agenda 21 and General Resolution 47/188, the United Nations adopted the United Nations Convention to Combat Desertification.20 The Convention aimed to halt the degradation of arid, semi-arid, and dry sub-humid lands. The Convention recognized that more than 250 million people are directly affected by desertification, some of whom are among the poorest and politically weakest citizens.21 The Convention promotes regional action plans to address specific concerns, such as Elaboration of an International Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa.

As the environmental community and the human rights community begin to include sustainable development in their respective aims, the need to protect lands from becoming unproductive through overuse or misuse will gain greater focus.

Marine Resources and Fisheries

The nature of marine waters, particularly the high seas, has long made them the focus of international agreements. The openness of the high seas to all nations and the reliance on the seas for transportation, food and resources has resulted in conflict between states for centuries. As populations have grown, reliance on marine resources and fisheries has become more critical. States have adopted agreements to protect the seas from degradation and have sought to ensure the fair and sustainable allocation of marine resources.

In 1958, the United Nations Conference on the High Seas recognized the right of every nation to access to the high seas by adopting the Convention on the High Seas. The Convention sought to codify the international law relating to the seas, including the right of all nations to fish the high seas. (Under the convention the term "high seas" means all parts of the sea that are not included within the territorial sea or the internal waters of a State.) The 1958 Convention also called for international cooperation in the protection of the seas, marine resources and fisheries from pollution.

Prior to the 1958 Convention there were agreements focused on the living resources of the seas. In 1949, the Convention for the Establishment of an Inter-American Tropical Tuna Commission established the Inter-American Tropical Tuna Commission to be "responsible for the conservation and management of fisheries for tunas and other species taken by tuna-fishing vessels in the eastern Pacific Ocean." That same year several European nations and members of the Food and Agriculture Organization of the United Nations adopted the Agreement for the Establishment of a General Fisheries Council for the Mediterranean to develop the fishery resources of the Mediterranean. Three years later, Norway, Sweden, and Denmark sough to protect specific marine species with the Agreement Concerning Measures for the Protection of the Stocks of Deep-Sea Prawns (Pandalus borealis), European Lobsters (Homarus vulgaris), Norway Lobsters (Nephrops norvegicus) and Crabs (Cancer pagurus).

Recognizing the threat to living marine sources from over-exploitation, the 1958 United Nations Conference on the High Seas adopted the Convention on Fishing and Conservation of the Living Resources of the High Seas. The broad acceptance of the 1958 Convention was followed by many regional agreements addressing specific waters and regions. The nations of the Black Sea adopted the Convention Concerning Fishing in the Black Sea in 1959 to ensure "the rational utilization of the fisheries resources and development of marine fishing[.]" To define a regime of fisheries and delineate boundaries of exclusive jurisdiction, various Western European nations adopted the Fisheries Convention of 1964. Over a decade later nations of the South Pacific adopted the South Pacific Forum Fisheries Agency Convention (1979) to "ensure the conservation and optimum utilization of the living marine resources," particularly highly migratory species. In 1980 the European Union and States on the North Atlantic adopted the Convention on Future Multilateral Co-operation in the North East Atlantic Fisheries. The 1980 Convention, which traces back to a 1946 convention regulating the mesh size of fishing nets and fish size, aimed to promote international cooperation and consultation with respect to fisheries resources. Nineteen-eighty also saw the adoption of the Convention on the Conservation of Antarctic Marine Living Resources. Because of the unique nature of the Antarctic, the Convention established principles requiring that exploited populations be maintained at or restored to levels allowing their greatest net annual increase. The Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region of 1992 aimed to foster cooperation among fisheries laws and regulations, particularly with respect to the procedures for the conduct of fisheries surveillance and law enforcement.

Aside from agreements dealing with fisheries regulation, agreements have been adopted dealing with specific species of fish. These agreements include the International Convention for the Conservation of Atlantic Tunas (1966), the Convention for the Conservation of Salmon in the North Atlantic Ocean (1982), the Conservation of Anadromous Stocks in the North Pacific Ocean (1992), and the Convention for the Conservation of Southern Bluefin Tuna (1993).

Despite the number of regional agreements meant to protect marine fisheries resources, over-exploitation of the resources continued. In response, the Food and Agricultural Organization of the United Nations oversaw the adoption of the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (1993) [not in force] and the Code of Conduct for Responsible Fisheries (1995). The 1993 Agreement was in response to "the practice of flagging or reflagging fishing vessels as a means of avoiding compliance with international conservation and management measures, and the failure of flag States to fulfil their responsibilities with respect to fishing vessels entitled to fly their flag." The Code of Conduct for Responsible Fisheries set out principles and international standards to ensure the effective conservation, management, and development of living aquatic resources. Both of these agreements were adopted within the context of the United Nations Convention on the Law of the Sea.

The drafting of the United Nations Convention on Law of the Sea began in 1973 with the Third Conference on the Law of the Sea. Nine years later the Convention on the Law of the Sea was adopted and set forth a universal legal framework for the management and conservation of marine resources. The Convention’s aim is to provide a central instrument for promoting stability and peaceful uses of the seas and oceans. The Convention addressed a wide range of issues including navigational rights, territorial sea limits, economic jurisdiction, legal status of resources on the seabed beyond the limits of national jurisdiction, and passage of ships through narrow straits. But the Convention also focused on the protection of marine resources and fisheries. The Convention took twelve years to enter into force, but it has since become a central influence on the development of marine protection agreements.

As the United Nations Convention on the Law of the Sea was starting to take shape in the early 1970s another issue was also gaining momentum: the need to address the impact of humans on the environment. This was most evident with the 1972 United Nations Conference on the Human Environment. States began to focus on the effects of pollution on marine sources. The 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter recognized the finite ability of the oceans to assimilate waste and set forth a framework to prohibit the dumping of particular wastes and regulate the quantities of waste dumped into the oceans. That same year, several Western European nations adopted the Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft. The same Western European Nations adopted in 1974 the Convention for the Prevention of Marine Pollution from Land-Based Sources.

In 1973 a much wider collection of nations adopted the International Convention for the Prevention of Pollution From Ships (MARPOL). MARPOL established a vehicle for the enforcement and administration of provisions aimed at eliminating discharges of pollution into the oceans. Even though the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships postponed the entry into force of some of its provisions, MARPOL is currently in force under the direction of the International Maritime Organization.

The creation of the United Nations Environment Programme (UNEP) in 1972 had a significant impact on the protection of marine resources and fisheries. UNEP developed the Regional Seas Programme, which fostered agreements aimed at the conservation and protection of regional marine waters and coastal areas. Currently, conventions and protocols focusing on marine resources and fisheries under the Regional Sea Programme cover nine Programme areas:

Mediterranean

The Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (1976)

• Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft (1976)
• Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft or Incineration at Sea (1976)
• Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources (1980)
• Protocol Concerning Mediterranean Specially Protected Areas (1983) [revised in 1995 as the Protocol Concerning Specially Protected Areas and Biological Diversity in the Mediterranean]

Kuwait region

The Kuwait Regional Convention for Co-operation on the Protection of the Marine Environment from Pollution (1978)

• Protocol for the Protection of the Marine Environment against Pollution from Land-Based Sources (1990)
• Protocol on the Control of Marine Transboundary Movements and Disposal of Hazardous Wastes (1998)
• Protocol concerning Marine Pollution resulting from Exploration and Exploitation of the Continental Shelf (1998)

West and Central Africa

The Convention for Co-operation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region (Abidjan Convention – 1981)

• Protocol concerning cooperation in combating pollution in cases of emergency (1984)

South-East Pacific

The Convention for the Protection of the Marine Environment and Coastal Area of the South-East Pacific (Lima Convention - 1981)

• Protocol for the Protection of the South-East Pacific against Pollution from Land-based Sources (1983)
• Protocol for the Conservation and Management of Protected Marine and Coastal Areas of the South-East Pacific (1989)

Red Sea and Gulf of Aden

The Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment (Jeddah Convention - 1982)

Wider Caribbean

The Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena Convention - 1983)

• Protocol concerning Protected Areas and Wildlife (SPAW –1990)
• Protocol on the prevention, reduction and control of land-based sources and activities (1999)

Eastern Africa

The Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region (Nairobi Convention - 1985) [not in force]

• Protocol concerning Protected Areas and Wild Fauna and Flora in the Eastern African Region (1985)
• Protocol concerning Co-operation in Combating Marine Pollution in Cases of Emergency in the Eastern African Region (1985)

South Pacific

The Convention for the Protection of Natural Resources and Environment of the South Pacific Region (Noumea Convention - 1986)

• Protocol for the Prevention of Pollution of the South Pacific Region by Dumping (1986)
• Protocol Concerning Co-operation in Combating Pollution Emergencies in the South Pacific Region (1986)

Black Sea

The Convention on the Protection of the Black Sea Against Pollution (Bucharest Convention – 1992)

• Protocol on Protection of the Black Sea Marine Environment Against Pollution from Land-based Sources (1992)
• Protocol on the Protection of the Black Sea Marine Environment Against Pollution by Dumping (1992)

The Regional Sea Programme has also formed partnerships with other international agencies and nations for the protection of marine resources. One of the agreements under this partnership program is the 1992 Convention for the Protection of the Marine Environment of the North East Atlantic [not in force]. This convention merges and modernizes the Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft and the Convention for the Prevention of Marine Pollution from Land-Based Sources. The partnership program convention requires the application of a polluter pays principle and the use of the best available techniques as methods to prevent pollution.

Marine resources and fisheries have the potential to greatly affect human rights. They affect food availability, human health, and can be closely connected to cultural heritage. The need for cooperative management of marine resources and fisheries has been recognized by all of the agreements listed above. It is because of the global nature of oceans that the management and viable development of these resources require an international effort.

Population Dynamics and Cultural Preservation

No category of treaties better demonstrates the commonality between human rights and environmental issues. Healthy populations can only develop when there are natural resources available to sustain them. People need to access to clean water and land able to provide adequate food. Yet this category also exemplifies the tensions that sometimes arise between the human rights and environmental movements. Species and land preservation may conflict with the established societies of peoples who rely on the same land or resources as those sought to be protected. Issues associated with population dynamics highlight the tension between the two movements, for example; reproductive health, women’s rights, and immigration policy. The goals of population stabilization and reproductive health education can, in some instances, be in opposition to traditional cultures and norms. It is these types of situations that require a greater attention balancing human rights, cultural rights, and the need for environmental and health protections.

The 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage set out to establish a system for the protection of cultural and natural heritage. The Convention arose from two separate movements: the preservation of cultural sites and environmental conservation. Based on proposals presented at the 1972 United Nations Conference on the Human Environment, the Convention focuses on the importance of cultural preservation, environmental conservation, and the need to balance the two interests.

The United Nations Commission on Population and Development, originally established by the United Nations Economic and Social Council as the Population Commission, convened the 1994 International Conference on Population and Development. The Conference published a series of recommendations calling for an integrated approach dealing with population, health, education, poverty, patterns of production and consumption, empowerment of women, and the environment.22 In 1993 the United Nations General Assembly declared 1995-2004 to be the International Decade of the World’s Indigenous People. The objective is to strengthen "international cooperation for the solution of problems faced by indigenous people in such areas as human rights, the environment, development, education and health."23 The 1993 Draft Declaration on the Rights of Indigenous Peoples was relied on heavily for the UN Civil Society Organizations and Participation Programme Guidelines for the Support of Indigenous People. As the International Decade of the World’s Indigenous Peoples continues, greater focus will be given to the role of indigenous people in environmental protection.

Stratospheric Ozone

The international response to the destruction of the stratospheric ozone layer by chlorofluorocarbons (CFCs) is a dramatic example of the effectiveness of using multilateral agreements to address global environmental problems. The Vienna Convention for the Protection of the Ozone Layer (1985) solidified the need for the protection of human health and the environment against the effects of depletion of the ozone layer. The Vienna Convention created an institutional structure for reversing the loss of the protective ozone layer. In 1987, the parties to the Vienna Convention established the Montreal Protocol on Substances that Deplete the Ozone Layer, a plan for phasing out CFCs and related halogenated compounds.

As a result of the Montreal Protocol and continued international cooperation production of (CFCs), halons, methyl chloroform and carbon tetrachloride in the industrialized nations has virtually ceased. Even though restoration of the ozone layer to pre-1980s levels is decades away from being achieved, the Vienna Convention, the Montreal Protocol, and the subsequent amendments have shown what can be accomplished with international cooperation and commitment. Through the development of sound science and realization of the global nature of this problem, nations have made a commitment to solve it.

Sustainable Development

Sustainable development focuses on the need for intergenerational equity, sustainable uses of natural resources, equitable distribution of those resources, and the integration of environmental considerations and economic development.24 The principles of sustainable development can be traced back to the principles recognized at the 1972 United Nations Conference on Human Environment, in Stockholm.

In 1987, the Association of South East Asian Nations (ASEAN) adopted the Jakarta Resolution on Sustainable Development. The Resolution established a cooperative effort between ASEAN members to adopt the principle of sustainable development, with a focus on the common resources and issues affecting the well-being of the peoples of the ASEAN countries. The interest in promoting sustainable development in Europe was reflected by the Convention on Environmental Impact Assessment in a Transboundary Context (1991) [not in force]. The 1991 Convention used the application of environmental impact assessment, especially as a preventive measure against transboundary environmental degradation, to promote sustainable economic development.

The most notable instrument to originate from the 1972 Stockholm principles has been the Agenda 21 declaration. Agenda 21 was drafted at the 1992 UN Conference on Environment and Development held in Rio de Janeiro (the Earth Summit). Agenda 21 set forth a comprehensive plan for the integration of environment and development concerns. The implementation strategy requires agreements at the local, national, and international levels. Following the Earth Summit, the Commission on Sustainable Development was created to guide the implementation of the resulting agreements.

The integration of environment and development concerns outlined in Agenda 21, has since been reflected in other international agreements such as the Agreement Establishing the South Pacific Regional Environment Programme (SPREP) [not in force]. This 1993 agreement articulatd a comprehensive program to assist the region in maintaining and improving its environment. The Agreement recognized the need for "co-operation within the region and with competent international, regional and sub-regional organisations in order to ensure coordination and co-operation in efforts to protect the environment and use the natural resources of the region on a sustainable basis."

The desire to strike a balance between human development and the environment, as sought by the 1972 Conference in Stockholm, continues to play a major role in the development of international agreements today. The inclusion of equitable resource distribution in the definition of sustainable development offers a tool for the protection and development of human rights within the framework of environmental protection.

Toxic and Hazardous Materials

The development of international agreements concerned with toxic and hazardous materials has resulted from a variety of scenarios. Treaties have been adopted to address the release of hazardous material resulting from the arms race. Agreements have also been adopted in response to the exportation of hazardous and toxic waste by industrialized nations. Concerns about the release of persistent organic pollutants, which persist in the environment and bioaccumulate in the food chain, have gained the focus of the international community and led to a broad international agreement.

In 1963, the United Nations in an attempt to end the armaments race, adopted the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water. While eliminating incentives for the production and testing of all kinds of weapons, the Treaty also had the effect of reducing the amount of radioactive material released into the environment. The South Pacific Nuclear Free Zone Treaty, adopted in 1985, specifically addressed keeping the region free from pollution by radioactive waste.

As national level regulations have resulted in stricter and more expensive controls over the treatment, storage, and disposal of hazardous waste, the need for international regulations has gained increased attention. The international community has recognized the potential inequity and dangers from the export of hazardous materials by industrialized nations to nations with less expensive and possibly less stringent controls. The 1986 Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Wastes recognized that severe health and environmental damage might result from the improper treatment, storage, and disposal of hazardous waste. The 1986 Agreement sought to ensure that safeguards are in place to reduce the risks to public health, property, and environmental quality. Although not in force as of the end of 2001, the Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes Within Africa was designed to create a framework of obligations to regulate the transboundary movement of hazardous waste to and within Africa.

In 1989, the broadest international agreement addressing hazardous waste was adopted. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal established a framework for the control of the transboundary movement of hazardous waste. A central goal of the Basel Convention is "environmentally sound management" that addresses the issue through an "integrated life-cycle approach." This approach requires controlling the generation, storage, transport, treatment, reuse, recycling, recovery and final disposal of hazardous waste. The Basel Convention framework provides an avenue for the enforcement of treaty agreements.

Whereas previous agreements established responsibilities at the national level, the 1992 Convention on the Transboundary Effects of Industrial Accidents [not in force] included provisions for enhancing individual responsibility for the prevention and control of industrial accidents with transboundary effects. By means of the Convention the European Economic Community sought to encourage bilateral and multilateral plans for the prevention of and response to industrial accidents.

With the increased focus on sustainable development, the United Nations Industrial Development Organization adopted the Memorandum of Understanding Concerning the Establishment of the Inter-Organization Programme for the Sound Management of Chemicals (1995). The Organization recognized the importance of "environmentally sound management" of toxic chemicals. The Programme is to accelerate the international assessment of chemical risk, develop a uniform system of classification and labeling of chemicals, establish risk reduction programs, and improve national capabilities for chemical management. Although it does not create any legally binding requirements, the Memorandum recognizes the need for sound management of toxic chemicals.

In 2001, over 100 nations adopted the Stockholm Convention on Persistent Organic Pollutants (POPs). Persistent organic pollutants are "chemical substances that persist in the environment, bioaccumulate through the food web, and pose a risk of causing adverse effects to human health and the environment."25 The Stockholm Convention on POPs established a legally binding treaty requiring governments to minimize and eliminate what are considered to be 12 of the most toxic chemicals; aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, mirex, toxaphene, PCBs and hexachlorobenzene, dioxins and furans. Once in force the Convention is expected to result in a healthier environment for humans and wildlife alike, worldwide. The Convention is expected to be in force by 2004.26

Trade, Industry, and the Environment

The ability of a state to develop economically has increasingly required balancing exploitation of resources and trade with environmental protection and human rights. The 1966 International Covenant on Economic, Social, and Cultural Rights and the International Covenant on Civil and Political Rights both recognize that all peoples have a right to self-determination and that all peoples may freely dispose of their natural wealth and resources. However, the parties to both Covenants were required to guarantee that the rights enunciated in the Covenant would be exercised without discrimination. The International Covenant on Economic, Social, and Cultural rights then enumerated a variety of rights, including the rights to adequate food and health, and the right to participate in cultural life.

Various regional economic development agreements include provisions for environmental protection or human rights. In 1978 the States of the Amazonian region adopted the Treaty for Amazonian Cooperation. Along with promoting harmonious development of the Amazon region the Treaty calls for equitable distribution of the resulting benefits. In 1990 the States of the Indian Ocean adopted the Agreement on the Organization for Indian Ocean Marine Affairs Cooperation to "realize the resources and potential for development of the States in the Indian Ocean region." The Agreement established a framework to foster cooperation in development including the management of marine resources both living and non-living. The North American agreement on Environmental Cooperation Between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America, adopted in 1993, was developed to support the environmental provisions of the North American Free Trade Agreement (NAFTA). The objectives of the 1993 Agreement were the promotion of sustainable development, the encouragement of pollution prevention policies and practices, and the enhancement of compliance with environmental laws and regulations.

As international markets continue to develop, international trade agreements offer a framework for the inclusion of environmental protections and the development of human rights.

Water Resources and Water Quality

A safe and adequate supply of fresh water is essential to both a healthy environment and a healthy human population. Access to safe and sufficient water is gaining recognition as a basic human right.27 Every year over 12 million people die as a result of water pollution, poor sanitation or water shortages.28 The need for international agreements for the conservation and allocation of fresh water resources will increase with the increase in population and development.

The 1971 Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention) was adopted to "stem the progressive encroachment on and loss of wetlands now and in the future, recognizing the fundamental ecological functions of wetlands and their economic, cultural, scientific and recreational value." The Ramsar Convention provides a framework for national and international action and cooperation for wetlands conservation.

The governments of Canada and the United States, countries that share the world’s largest freshwater lake system, adopted the 1978 Agreement Between the United States and Canada on Great Lakes Water Quality. The Agreement and subsequent protocol (the Protocol Amending the 1978 Agreement Between the United States of America and Canada on Great Lakes Water Quality, as Amended on 16. 10. 1983) reaffirmed the two nations' commitment to restore and enhance the water quality of the Great Lakes system. The Protocol amended the original agreement to address the ongoing contamination of the Great Lakes Basin Ecosystem.

Members of the UN Economic Commission for Europe and the European Union have also recognized the need for protection of transboundary waters. The Convention on the Protection and Use of Transboundary Watercourses and International Lakes (1993) aims to strengthen national and international protection and promote ecologically sound management of both transboundary surface and ground waters. The Convention promotes both pollution prevention and public participation as means to achieve the desired goals.

Future water agreements will need to recognize the developing human right to clean, potable water. Protection of water resources for biological conservation has the potential to be intrinsically connected to this right.

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Notes

1. See Human Rights Approach to Environmental Protection, edited by Alan E. Boyle and Michael R. Anderson, at 3, Clarendon Press. 1996.
2. See Boyle and Anderson at 3.
3. Unless otherwise noted, the dates listed in the summary are the adoption dates.
4. See International Instruments of the United Nations, compiled and edited by Irving Sarnoff, at xiii, United Nations Publications. 1997.
5. Vienna Convention on the Law of Treaties, 1969, Art. 2(1)(a), 1155 United Nations Treaty Series 331.
6. Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, 1986, United Nations Document A/Conference 129/15, Article 2 (1986).
7. See Sarnoff at xiv.
8. See Sarnoff at xiv.
9. See the 1985 Vienna Convention for the Protection of the Ozone Layer, Art. 17.
10. See United Nations Treaty Collection, Treaty Reference Guide, http://untreaty.un.org/English/guide.asp. (Last visited 02/14/02). See also, Vienna Convention on the Law of Treaties, 1969, Art. 9.
11. See UN Treaty Reference Guide, http://untreaty.un.org/English/guide.asp. (Last visited 02/14/02). See also, Vienna Convention on the Law of Treaties, 1969, Arts. 2(1)(b), 14(1) and 16.
12. See UN Treaty Reference Guide, http://untreaty.un.org/English/guide.asp. (Last visited 02/14/02). See also, Vienna Convention on the Law of Treaties, 1969, Arts. 2(1)(b), and 14(2).
13. See UN Treaty Reference Guide, http://untreaty.un.org/English/guide.asp. (Last visited 02/14/02).
14. See Montreal Protocol on Substances that Deplete the Ozone Layer, Preamble.
15. See Sarnoff at xv.
16. A.D. McNair, The Law of Treaties, Oxford: Clarendon Press, 1961 at 23.
17. See Indigenous Peoples and Sustainability: Cases and Actions, International Union for the Conservation of Nature (IUCN), Inter-Commission Task Force on Indigenous Peoples, 1997, at 298.
18. See IUCN Task Force on Indigenous Peoples, at 298.
19. See Food and Agriculture Organization of the United Nations, http://www.fao.org/UNFAO/e/wmain-e.htm (last visited 12/16/01).
20. See United Nations Convention to Combat Desertification: An Explanatory Leaflet http://www.unccd.int/convention/text/leaflet.php (last visited 12/15/01).
21. Id.
22. See Report of the International Conference on Population and Development, Art. 7. A/C.2/49/L.67: Gen. Assembly resolutions on the ICPD (9 Dec. 94).
23. See http://www.unhchr.ch/indigenous/ind_sub.htm#chrwg (Last visited 02/13/02).
24. See http://www4.worldbank.org/legal/legen_int/legen_iel.html (Last visited 12/24/01).
25. United Nations Environment Programme - Chemicals, http://www.chem.unep.ch/pops (last visited 02/14/02).
26. See, Governments Give Green Light to Phase Out of World's Most Hazardous Chemicals, http://irptc.unep.ch/pops/POPs_Inc/press_releases/pressrel-01/pr5-01.htm (last visited 26-Dec-01).
27. See United Nations Educational, Scientific and Cultural Organization, World Water Assessment Programme, http://www.unesco.org/water/wwap/targets/index.shtml (last visited 27-Dec-01).
28. See When Can I Turn On the Tap, United Nations Environment Programme, http://www.unep.org/documents/default.asp?articleid=2965&documentid=224 (last visited 27- Dec-01).