Principles of Environmental Law and Global Policy Development

Core Environmental Concepts

The Environment Defined

The global system constituted by natural and artificial physical, chemical, or biological elements, sociocultural factors, and their interactions. It is constantly modified by human action or natural processes, and conditions the existence and development of life in its many manifestations.

Key Moments in Global Environmental Policy

Development of the Global Environmental Agenda

1. Washington Convention: Focused on protecting wildlife and the natural beauty of the Americas.
2. Stockholm Conference (1972): Focused on the human environment.
3. Brundtland Commission (1987): Defined the concept of sustainable development.
4. Rio de Janeiro Conference (1992): Focused on environment and development (UNCED).

Environmental Management Components

Politics

Promotes the environmental sustainability of the development process, requiring individual and collective responses.

Law

Provides the operational institution and legal framework.

Administration

Provides the operational structure for implementation.

Fundamental Principles of Environmental Law

• Precautionary Principle: Proposes anticipating environmental damage, since repair is often impossible or very costly.

  Precautionary Principle (Rio Declaration, Principle 15)

  “Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”

• Polluter Pays Principle: Costs associated with preventing pollution should be borne by the polluter, not by the general citizenry.
• Principle of Responsibility: Anyone who intentionally or negligently damages the environment must repair the damage at their own expense.
• Principle of Realism or Gradualism: Policy improvements are introduced only insofar as they are compatible with the current level of economic development.
• Citizen Participation Principle.
• Principle of Efficiency (or Single Principle).

Environmental Instruments and Definitions

SEIA (Environmental Impact Assessment System)

The administrative procedure through which an Environmental Impact Study (EIA) or Declaration of Environmental Impact (DIA) is reviewed by the relevant authority (e.g., CONAMA/COREMA) to anticipate the environmental impacts of a project or activity and determine its conformity with existing legislation.

Environmental Impact Study (EIA)

A detailed document that describes the characteristics of a proposed project, activity, or modification. It must provide the background necessary for the prediction, identification, and interpretation of environmental impacts, and describe the actions implemented to prevent or minimize significant adverse effects.

Environmental Impact

Any alteration to the environment, directly or indirectly caused by a project or activity within a specific area.

Environmental Damage

Any significant loss, diminution, damage, or impairment inflicted upon the environment or one or more of its components.

Protected Areas

A geographically defined area that is designated, regulated, and managed to achieve specific conservation objectives. This includes any geographically bounded piece of land established by public authority and placed under legal protection to ensure biodiversity and conservation.