some state tasks and responsibilities in respect of environmental protection have been formulated in international legal acts, it is consistently recognized that each state has the right to pursue its own environmental policy. This was clearly indicated in Rule 21 of the Stockholm Declaration of 1972215 and its almost identical counterpart in the Rio Declaration in 1992.216 The treaty law expresses this regulation in art. 193 of the UN Convention of the Law of the Sea (UNCLOS) of 1982, where it was decided that states have the sovereign right to exploit their natural resources in accordance with their environmental policy and in accordance with their duty to protect and preserve the marine environment.217 Similar provisions are also included in other conventions, namely the Vienna Convention for the Protection of the Ozone Layer (1985),218 the UN Framework Convention on Climate Change,219 the Convention on Biological Diversity,220 and the United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa.221
The Ramsar Convention222 provides that the inclusion of national sites in the list of wetlands of international importance does not infringe on the exclusive sovereign rights of the party in whose territory they are located. The UNESCO World Convention on the Protection of Cultural and Natural Heritage (1972)223 contains a general reference to the sovereignty of the state over its natural heritage. Article 19.3 of the Energy Charter Treaty (1994)224 provides for the right of every state to regulate the conservation of resources and environmental and safety aspects related to the research and development of energy resources.
Clear references to the right of states to freely manage their natural resources in accordance with their own environmental policies are included in the Latin American conventions and regional declarations.225 The African Convention on Nature Conservation and Natural Resources (2017) also speaks on this matter.226 The ASEAN Agreement on the Conservation of Nature and Natural Resources (1985) does not include such unambiguous regulations.227
3.3.2 The duty of protection and sustainable use of natural wealth and resources
In 1962, the UN General Assembly adopted by consensus a Resolution on economic development and the conservation of nature,228 which draws attention to the extent to which the economic development of developing countries may threaten their natural resources, including wildlife and flora. It formulates for the first time the objective of not wasting natural resources and recommends taking action and introducing effective national legislation aiming at, inter alia, the protection and rational use of natural resources.
The Stockholm Declaration on the Human Environment (1972)229 indicates that careful planning and management are necessary to safeguard the natural resources of the earth for the benefit of present and future generations. Principle No. 2 states that natural resources of the earth, including the air, water, soil, flora and fauna, must be safeguarded by careful planning or management. Principle No. 13 provides for that in order to secure a more rational management of resources, and thus improve the state of the environment, states should adopt an integrated and coordinated approach to planning their development, so as to ensure that this development is compatible with the protection and improvement of the human environment. It was only after the Stockholm Conference that UN resolutions gradually developed standards for nature conservation and the use of natural resources.
The Charter of Economic Rights and Duties of States230 states that the protection, preservation and improvement of the environment for current and future generations is the responsibility of all states. All countries strive to develop such environmental and development policies that will strengthen the current and future development potential of developing countries. They are required to ensure that activities under their jurisdiction or control do not cause damage to the environment of other countries or areas outside national jurisdictions. All countries should also cooperate in shaping international norms and regulations in the field of environmental protection231.
In Resolution No. 35/7, the UN General Assembly calls on the Member States, as part of their permanent sovereignty over natural resources, to act with the utmost importance of protecting natural systems, maintaining the balance and quality of nature and preserving natural resources in the interests of present and future generations. The solemnly proclaimed revised World Charter of Nature232 expresses the conviction that man can change nature and exhaust natural resources through the activities taken or the effects of these activities. Consequently, the urgent need to maintain the stability and quality of nature and the protection of natural resources must be recognized. Therefore, the Resolution contains principles of conservation and states that natural resources, including non-renewable resources, must not be wasted, and that they must be used in moderation, given their size, rational possibilities of their conversion to consumption, and their compatibility with the functioning of natural systems.
With regard to the obligation to prevent significant harm to the environment of third countries or areas beyond national jurisdiction, Principle 21 of the Stockholm Declaration233 states that states, in accordance with the United Nations Charter and the principles of international law, have the sovereign right to exploit their own resources in accordance with their environmental policy and that this right corresponds with the assurance that activities under their jurisdiction or control do not cause damage to the environment of third countries or in areas outside national jurisdictions. The General Assembly further strengthened this provision in the Resolution on cooperation between states in the field of environmental protection,234 stating in its first paragraph that during the exploration, development, and use of natural resources, states should not cause significant adverse effects in zones beyond their national jurisdiction.
According to the preamble to the African Convention on the Conservation of Nature and Natural Resources (1968),235 concluded under the auspices of the Organization of African Unity, the convention is based on the obligation to use the continent’s natural resources for the progress of all nations. The main objective is to promote the necessary measures to ensure the protection, use, and development of soil, water, flora and fauna belonging to the continent’s resources, in accordance with scientific principles and with a view to the best interests of nations. In addition, all parties are obliged to pay special attention to such issues as controlling bush fires, exploiting forests, clearing land for cultivation, and limiting the intensity of forest use to the degree that does not prevent its regeneration.236 States have a special responsibility for the protection of species of animals and plants threatened with extinction, and which are represented
