These two principals are universally acceptable however there might be ambiguity as to whether they are soft laws or customary international laws.
Inter-generational equity
Inter-generational equity is defined as a concept which states that humans inherited the earth from previous generations and are tasked to pass it on to future generations in a reasonable condition.
The concept not only seeks to preserve the environment by preventing pollution, it also tends to conserve the elements which constitute the environment hence bringing about the doctrine of sustainable development which was introduced by the U.N to accomplish 3 aspects of development
• Environmental protection.
• Economic development.
• Social development.
Sustainable development is defined by the United Nations General Assembly as a development which meets the needs of the present generation without compromising the availability of resources for the future generation.
Inter-generational equity consists of inter temporal implications which tend to be a fair utilization of resources by both past present and future generations by trying to construct a balance of resources by existing societies and future generations.
Inter temporal aspect tries to:-
• Make a balance between distribution of resources and recycling of resources due to the rise of degradation of the environment and depletion of resources. This was seen in the case of Minors Oposa V Secretary of the department of environment and natural resources. Where the supreme court of Philippines stated that each generation has the responsibility to preserve natural resources for future generations for full enjoyment of natural ecology
• Construct a balance of consumption of resources by existing societies and future generations.
• Promote socio-economic development by creating a bridge between social and economic development with environmental protection.
Intra-generational equity
It is a concept which deals with equality among members of the same generation in the utilization of natural resources.
The principle provides for the rights and duties of every person in the same generation i.e. to use and to take care of the resources both renewable and non-renewable.
To a certain extent it sometimes becomes difficult to regulate or distribute resources due to some factors such as international provinces and national territories however this may be done with ease through globalization for easier implementation of the doctrine of sustainable development.
THE PRECAUTIONARY PRINCIPLE
It is a principle intended to prevent harm to humans, the environment and the eco-system.
Morally unacceptable harm refers to harm to humans or the environment that is
• Threatens human and animal lives.
• Harm that cannot be reversed.
• Is not equal to both present and future generations.
• Imposed without considering its effect on the people it can harm.
Precautionary principle is majorly defined in the Rio Declaration from the 1992 United Nations Conference on Environmental and Development commonly known as Agenda 21 and also from the 1998 Wingspread Statement on the precautionary principle.
When there is uncertainty regarding the impacts of an activity the precautionary principle advocates for action to anticipate and avert environmental harm hence favoring monitoring, preventing and mitigation of unexpected threats.
Features of precautionary principle
Anticipatory action-There is a duty by everyone to take anticipatory action to prevent harm from occurring.
Alternative assessment-There is an obligation look into various alternatives and choose the one that can cause least impact on human’s health and environment.
Right to know-Everyone has a right to know information regarding potential human health and environmental impacts associated with any action to do with the environment.
Full cost accounting-In time of evaluating potential alternatives there is a duty to consider all the foreseeable costs such as manufacturing and transportation. Short and long term threshold should be considered in decision making.
Participatory decision process-Decision applying the precautionary principle must be transparent. Participatory and informed by the most relevant information and practices.
Why the need for precautionary principle
A lot of warning signs have come up, this include:-
• Emergence of chronic illnesses and conditions that have affected so many people in th world such as Cancer, Alzheimer’s disease and autism among others.
• Increased cases of animals and plants species disappearing that is causing destruction to the eco system.
• Global warming is another warning sign as there has been depletion of the stratosphere and as a result leading to unexplainable climate changes.
Ways of implementing precautionary principle
• Using other alternatives such as reliable technology that eliminate waste and toxic substances.
• Burden of proof should be placed on proponents of certain activities instead of victims or potential victims of the said activity.
• Having goals and working towards those goals which will protect the health of humans and the environment.
• Ensuring democracy and transparency in decision making of issues to do with health and the environment.
Precautionary principle in practice
The Cartagena Biosafety Protocol and the Stockholm Treaty on Persistent Organic Pollutants, invoke the precautionary principle to govern genetically modified organisms and some toxic chemicals.
The European Union is coming up with a complete policy, based on the precautionary principle, which will require testing of chemicals so as to prevent its effect on the environment and on people’s health. This will place a burden to the manufacturers to ensure their prodects are safe and also give authority to the government to regulate such substances.
The Rio Declaration on Environment and Development 1992 stated that in order to protect the environment the precautionary approach shall be widely applied by states according to their capabilities.
CONSERVATION OF BIOLOGICAL DIVERSITY AND ECOLOGICAL INTEGREITY
This means conserving the diversity of both animals and plants and the health and sustainability of ecosystems.
Biological diversity is defined by the 1992 convention on biological diversity as the variability among living organisms from all sources and the ecological complexes of which they are part’ including diversity ‘within species, between species and of ecosystems’ and includes:-
• Genetic diversity which is the variety of genes in any population.
• Species diversity which is the variety of species.
• Ecosystem diversity which is the variety of communities and ecosystems.
Conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making, including in the formulation, adoption and implementation of any economic and other development plan, program or project.
Importance of bio-diversity and ecological integrity
• Consumptive value-This can be allocated to resources which can be consumed only locally and do not feature in international market.
• Aesthetic values- such as refreshing fragrance of some flowers enable humans to preserve them.
• Legal issues-Have played a part in conservation as they advocate for equal rights of co-existing between living organisms
• Economic development-It has great economic value because economic development depends upon efficient and economic management of biotic resources.
• Ethical value-Man is regarded as the most intelligent hence has the prime responsibility and moral obligation to conserve the environment.
• Social values-Reduction of biodiversity ill have a big impact in the ecosystem such as global warming and acid rain will be experienced.
Threats to Bio-diversity and ecological integrity
• Change of climate
• Forest fires.
• Changes in the aquatic flow and water flows.
• Diseases.
• Poaching.
• Pollution.
• Increased human population.
Conservation of biodiversity and ecological integrity has three basic objectives
(a) Maintaining essential ecological processes and life supporting systems.
(b) Preserving the diversity of species.
(c) Making sustainable utilization of species and ecosystems.
The conservation methods involve
• IN situ conservation.
• Ex-situ conservation method.
In situ conservation
This is the conservation of species within their natural habitat or eco-system and its advantages is that it’s cheap and convenient, it can be used to preserve a large number of organisms and he existence in natural ecosystem provides opportunity for organisms to evolve and adjust in to a better life form.
Ex-situ
It involves conservation of endangered plants and animals under controlled areas either partially or wholly e.g. zoo and its advantage includes avoidance of competition such as food and water.
IMPROVED VALUATION PRICING AND INCENTIVES MECHANISMS
This means integrating long-term and short-term economic, environmental, social and fairness considerations into decision-making.
Pricing policies form the broad framework of decision making as most environmental values are not valued in monetary terms.
This policies can include:-
• Including environmental factors in valuation as assets and services.
• Polluter pays i.e. those found to contaminate the environment should be liable to pay for damages.
• Full cycle payment by the users of goods and services i.e. payment for the provision including the use of natural resources and the disposal of waste.
• Establish incentive structures that will enable benefits to be maximized and costs to be minimized in order to achieve established environmental goals in a cost effective manner.
RESPONSIBILITY FOR ENVIRONMENTAL DAMAGE
Environmental damage is the damage caused when harmful substances is leaked into the environment.
The party responsible for causing the damage is liable for both remediation and compensation.
Companies have the obligation to be aware and cautious of their operations so as to avoid such harm to occur
Responsibility for environmental damage includes liability for remediation (clean-up or restoration), compensation, and criminal damages. These responsibilities are specified by both the environmental and criminal law.
Responsibility includes paying compensation to liability in accordance with other responsibilities such as preventing harm to the environment.
Most international liability regimes channel liability to an individual (operator) hence civil liability cases are matters of national courts while a claim on a state is a matter of an international court.
Remediation-This is the removal of pollution or contaminates from the environment. Distinguishing between remediation obligations for existing contamination and potential remediation obligations for future contamination is helpful because managers can have more impact on ongoing and future activities and releases, whether accidental or not, that may trigger future remediation obligations.
Fines and penalties- Companies that are not in compliance with applicable requirements may be subject to civil or criminal fines or penalties for not complying with rules and regulations.
Natural resources damages-Under the Compensation and Liability Act (CERCLA or “Superfund”), and also Section 1006 of the Oil Pollution Act (OPA),its been stated that this liability relates to injury, destruction, loss, or loss of use of natural resources that do not constitute private property and can arise from accidental release or intentional release of waste during circumstances such as transportation.
Punitive damages- This was introduced so as to supplement compensatory payments to those harmed by the actions of others and tend to be more than compensation. For example punitive damages that were paid for the Exxon Valdez spill.
Compensation-Many states under common law and statutes require compensation by organization and companies to the victims who have suffered damages as a rsults of contamination or pollution.