CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ LINKING HUMAN RIGHTS AND THE ENVIRONMENT … activities cause damage to the environment, for example deforestation, which contributes to environmental degradation such as drought, erosion, genetic losses, and extinction of species of fauna and flora, which can lead to disorganization of local communities whereby their way of life, well-being, and health are impaired. The international community has for a long time recognized the link between development and the environment in several international instruments. While a right to development may initially appear to be somewhat at odds with a right to a healthy environment, a closer look at the right to development may indicate a strong potential for the coexistence of these two rights. In this respect, the Stockholm Declaration, for example, notes that whilst recognizing states’ sovereign right to exploit their own resources pursuant to their own environmental policies, proclaims that ‘the protection and improvements of the human environment is a major issue which affects the well-being of peoples and economic development throughout the world; it is the urgent desire of the peoples of the whole world and the duty of all Governments.’ 69 Furthermore, in the World Charter for Nature it is stated that: ‘[t]aking fully into account the sovereignty of states over their natural resources, each state shall give effect to the provisions of the present Charter through its component organs and in cooperation with other states.’ 70 The duties imposed upon states by the Charter include conserving nature; establishing standards for products and manufacturing processes that may have adverse effects on nature; implementing the applicable international legal provisions for the conservation of nature and the protection of the environment; and ensuring that activities do not cause damage to the natural systems of other states and in areas beyond the limits of national jurisdiction. 71 Thus, one can claim that a gradual shift is noticeable away from individual interests and sovereign rights, to collective concern and corresponding state obligation in matters concerning development and usage of nature’s resources whilst taking into account human rights to a healthy environment. Moreover, the Special Rapporteur, Ksentini, is of the view that underlying the close relationship between the environment and development is the notion of the indivisibility and interdependence of all human rights. 72 From this, one can draw the assumption, that the right to development entails an obligation to use the available resources in such a manner that human rights can be realized to the fullest possible way. The source of that obligation is the observance of human rights. The notion of “sustainable development” has emerged in the international community to address problems that have arisen from rapid development. It imposes restrains on developmental activities in so far as these would undermine the environmental basis for further development in the long run. 73 Sustainable development can be considered as a condition sine qua non for human life on this planet in the long run and thus would safeguard not simply individual state interests but act as a restraint in the higher interest of the whole 69 Stockholm Declaration: op. cit., Preamble (2) and Article 21. 70 United Nations General Assembly resolution: World Charter for Nature. 28 October 1982, A/RES/37/7. Available online at: http://www.un.org/documents/ga/res/45/a45r094.htm (accessed 16 October 2022), Article 22. 71 Ibid ., Article 21. 72 Final Report prepared by Fatma Zohra Ksentini, Special Rapporteur. Available online at: http://www.unhchr. ch/Huridocda/Huridoca.nsf/0/eeab2b6937bccaa18025675c005779c3?Opendocument (accessed 3 November 2022), para. 49. 73 ANTON, Donald K. and SHELTON, Dinah L.: op. cit ., p. 85

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