Global Governance of Oil and Gas Resources in the International Legal Perspective. Joanna Osiejewicz
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The aim of the 1976 Apia Convention on the Conservation of Nature in the South Pacific Region,239 concluded in 1976, is to maintain the region’s potential for the protection of renewable natural resources and natural ecosystems, geological formation, heritage of wild fauna and flora and their habitats, while preserving cultural traditions and practices. In this region, the Secretariat of the Pacific Regional Environment Programme (SPREP)240 is also worth noting. It has been operating as a regional organization since 1991. The aim of this entity is to coordinate pro-environmental activities, including through the adoption of a strategy for the conservation of nature in the Pacific island region, and as part of the secretariat for the implementation of the Apia Convention.241
In relation to Latin America, the most relevant in this regard is the Treaty for Amazonian Cooperation (1978),242 whose main objective is to promote the harmonious development of the Amazon region, to protect the natural environment, as well as to safeguard and rationally use the natural resources of these territories. The subsequent Amazonian Declaration (1989) combines the exercise of permanent sovereignty with the duty to protect the environment and to respect the rights and interests of indigenous peoples. It also reminds of the need to preserve the Amazonian heritage thanks to the rational use of the region’s resources, in the interests of present and future generations.243 The declaration expresses international support for the protection of the heritage of these areas, provided that this does not constitute a violation of sovereignty.
In the preamble of the ASEAN Agreement on the Conservation of Nature and Natural Resources (1985)244 states-parties recognized the importance of natural resources for present and future generations and expressed their readiness to undertake individual and joint action to protect and manage their living resources and the other elements of nature. The treaty aims to maintain basic ecological processes and life support systems, preserve genetic diversity, and ensure the sustainable use of resources. It also seeks to establish a cooperation framework between ASEAN states-parties to serve as a reference point for national environmental legislation.
The European Union obtained competence to act in the field of environmental policy in order to achieve the objectives set out in art. 191 of the Treaty on the Functioning of the European Union (TFEU).245 These objectives include, among others: preservation, protection and improvement of the quality of the environment; prudent and rational use of natural resources; promoting measures at international level to deal with regional or worldwide environmental problems, in particular combating climate change. The concept of “acting” includes not only the adoption of legal acts under art. 288 TFEU, of which the most importance is attributed to the directive, but also political instruments, such as resolutions and conclusions of the Council, and the setting of political objectives. Because art. 192 para. 1 and 2 TFEU does not specify the criteria for selecting the form of these activities, the institutions of the European Union generally have the freedom to choose the instruments. The actors are the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions.246
As part of the UN Environment Programme (UNEP), a number of conventions concerning regional seas were adopted. While they primarily aim to protect the marine environment from pollution, most also include standards and principles for cooperation in the management of natural resources in the maritime and coastal areas of the regions concerned, taking into account the need to strike a balance between economic development and environmental protection. One example is the Noumea Convention (1985) for the Protection of the Natural Resources and Environment of the South Pacific Region.247 It recognizes the economic, social and cultural value of the region’s natural resources and the need to protect this natural heritage for future generations.
The Energy Charter Treaty also includes a reference to sustainable development and calls on the states to minimize in a cost-effective way the harmful effects on the environment, both inside and outside their territory, resulting from activities in the energy sector.248
Important provisions are also included in a number of multilateral treaties in the field of nature conservation and natural resources. One of them is the Ramsar Convention (1971) on Wetlands of International Importance especially as Waterfowl Habitat.249 The aim of the convention is to protect and ensure sustainable use of all wetlands by taking action at the national and local level, as well as through international cooperation.
Under the 1972 UNESCO Convention on the Protection of the World’s Cultural and Natural Heritage,250 each State Party is required to identify, protect, preserve and maintain cultural and natural heritage on its territory for future generations. The International Union for Conservation of Nature (IUCN),251 founded in 1948 and being the first global organization focused on environmental problems, was entrusted with the task of monitoring and reporting on the state of natural lands.
The main objectives of the Convention on Biological Diversity are the protection of biodiversity, the sustainable use of its elements and the fair sharing of benefits arising from the use of genetic resources. Sustainable use is in this context defined as the use of elements of biodiversity in a way and to a degree that does not lead to a long-term decline in biodiversity, thus maintaining its potential to meet the needs and aspirations of present and future generations. The Convention on Biological Diversity contains important new principles of international environmental law, such as the “precautionary principle” and “intergenerational justice”. Recognizing the sovereignty of states over natural resources, the Convention requires that the parties facilitate access to genetic resources for their use by other entities in an environmentally friendly manner. It establishes, among others, the requirement for national monitoring of biodiversity and the development of national conservation strategies, including the provision of resources for specific species and habitats.252
The UN Framework Convention on Climate Change aims to stabilize greenhouse gas concentrations in the atmosphere at a level that will prevent dangerous human intervention into the global climate system. This level is to be achieved within a timeframe sufficient for the natural adaptation of ecosystems to climate change, in order to ensure that food production is not threatened, and to enable economic development to proceed in a sustainable way.253
The UN Convention to Combat Desertification,254 which is the continuation of Agenda 21 adopted in 1992 in Rio de Janeiro, aims to reduce the degradation of arid lands all over the world, including semi-arid meadows and deserts, and establishes a framework for national, subregional