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A/42/427
English
Page 323

What are we to do? It is axiomatic that we as individuals or groups of individuals share territory in resources. We need to define common norms of behaviour. This is true whethe we are speaking of a family. small town, a province or country. or the world community. However, the definition of common norms of behaviour is not in itself sufficient for the creation of a body of rules and regulation.

To operate effectively, certain basic conditions must be fulfilled: the existence of a general will among members of the community to accept and adhere to regulations; the existence of a political framework not only for defining and quantifying common behaviour or norms. but also for adopting existing rules to change within the community: a means of determining compliance with international rules and regulations and, finally, the means for enforcement.

Fergus Watt
World Association of World
Federalists
WCED Public Hearing
Ottawa, 26-27 May 1986

83. The enjoyment of any right requires respect for the similar rights of others. and recognition of reciprocal and even joint responsibilities. States have a responsibility towards their own citizens and other states:

  • to maintain ecosystems and related ecological processes essential for the functioning of the biosphere;
  • to maintain biological diversity by ensuring the survival and promoting the conservation in their natural habitats of all species of flora and fauna;
  • to observe the principle of optimum sustainable yield in the exploitation of living natural resources and ecosystems;
  • to prevent or abate significant environmental pollution or harm;
  • to establish adequate environmental protection standard;
  • to undertake or require prior assessments to ensure that major new policies, projects, and technologies contribute to sustainable development; and
  • to make all relevant information public without delay in all cases of harmful or potentially harmful releases of pollutants. especially radioactive releases.

84. It is recommended that government take appropriate steps to recognize these reciprocal rights and responsibilities.[1] However, the wide variation in national legal systems and practices makes it impossible to propose an approach that would be valid everywhere. Some countries have amended their basic laws or constitution; others are considering the adoption of a special national law or charter setting out the rights and responsibilities of citizens and the state regarding, environmental protection and sustainable development. Others may wish to consider the designation of a national council or public representative or 'ombudsman' to represent the interests and

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  1. These and other principles have been developed as proposed Articles for a Convention in the report to WCED by its Experts Group on Environmental Law. Their report also contains contemporary on the legal precedents and references to each Article See Legal Principle for Environmental Protection (Dordrecht, The Netherlands: Martnus Nijhoff, in pres).