United Nations Conference on Environment and Development, Rio 1992

Five years after the Brundtland Report, the United Nations General Assembly were keen to measure progress in terms of sustainable development. Consequently, the United Nations Conference on the Environment and Development (or Earth Summit) was held in Rio de Janeiro, Brazil in 1992. The objectives of the conference were to build on the optimism of the work and outcomes of the Brundtland Report in response to environmental challenges and to foster agreement on critical international treaties.155

Major outcomes of the Earth Summit included three international environmental agreements, the Rio Declaration and Agenda 21.156 The Rio Declaration is a reflection of the political intent and commitment of governments at the time, while Agenda 21 is a voluntary, non-binding action plan for sustainable development. The three international environmental agreements ushered in during the Earth Summit included the opening for signature of the Convention on Biological Diversity (CBD) on 5 June 1992 and the United Nations Framework Convention on Climate Change (UNFCCC)157 as well as support for a set of Principles of Forest Management.158 The focus of this section will be on the Rio Declaration and Agenda 21 as major milestones of the Earth Summit that are of relevance to this thesis. The Convention on Biological Diversity is discussed later in this chapter.

154 _{This view also supports the World Conservation Strategy definition of conservation.}

155 _{Rio Earth Summit available at http://www.sustainable-environment.org.uk/Action/Earth_Summit.php,}

accessed on 23 December 2014.

156

World Summit on Sustainable Development available at

http://www.un.org/en/development/devagenda/sustainable.shtml, accessed on 23 December 2014.

157 _{While these two Conventions were opened for signature at the Earth Summit, much of the negotiations and}

the work that went into their development took place during other international meetings held prior to the June 1992 Conference. Marc Pallemaerts ‘International Environmental Law in the Age of Sustainable Development: A critical assessment of the UNCED process’ (1995-1996) 15 Journal of Law and Commerce 623-76.

The Rio Declaration sought to reaffirm and enhance its predecessor, the Stockholm Declaration of 1972.159 The declaration contains no less than 27 agreed-upon principles for the environment and development, but most importantly reflects the rights and responsibilities of people in relation to the environment and development.160 While the declaration recognises the integral and interdependent nature of Earth, Principle 1 further acknowledges that human health and wellbeing are linked to nature.161 The developmental and environmental needs of current and future generations are contained in Principle 3. This principle of inter-generational equity is also contained in Principles 1and 2 of the Stockholm Declaration162 as well as being reflected in the World Conservation Strategy of 1980. Principle 4 of the Rio Declaration elaborates on sustainable development and environmental protection and that the two are integral in the development process.163 This link between sustainable development and environmental protection is also conveyed in the World Conservation Strategy of 1980.

Principle 12 of the Rio Declaration highlights the need for States to cooperate to ensure that economic growth and sustainable development do not result in environmental degradation, while trade policy measures for environmental reasons should not result in discriminatory or subjective restrictions in international trade.164 This latter principle is particularly important as it may be applicable to species in trade. Perhaps the greatest outcome from the Earth Summit insofar as its contribution to the sustainable use discourse is concerned, is evident in the signing of the CBD and UNFCCC as well as relevant aspects of Agenda 21. The CBD Convention text elaborates on sustainable use as well as conservation.165

Agenda 21 presents a comprehensive programme of action striving towards sustainable development, with 40 detailed chapters. The programme of action focuses on the social and economic dimensions, conservation and management of resources used in

159 _{United Nations General Assembly ‘Report of the United Nations Conference on Environment and}

Development’ (1992). A/CONF 151/26 (Vol.1) available at

http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm, accessed on 16 August 2014.

160 _Ibid.

161 _{Ibid. ‘Human beings …are entitled to a healthy and productive life in harmony with nature’.} 162

Principle 1 articulates the importance of environmental quality to health and well-being and identified the responsibility to protect the environment for present and future generations. While, principle 2 refers to the need to conserve the ecosystems for present and future generations through careful planning and management. See above (note) 114.

163 _{See above (note) 159159.} 164 _Ibid.

development, strengthening the role of major groups and the concomitant means of implementation of Agenda 21.166 It is recognised that the latter half of Agenda 21 provides mechanisms to achieving sustainability through strengthening various role players and international collaboration as well as providing for the implementation of the various chapters. However, the chapters that are most relevant to species use and species in trade are on changing consumption patterns (chapter 4), conservation of biological diversity (chapter 15) and protection of oceans and seas and rational use of living resources (chapter 17).167

These chapters relate firstly to the unsustainable use of natural resources and the need to change consumption patterns so that they are more aligned to the productivity of natural systems. However, the content of chapter 4 focuses on energy, transportation and waste, with economic instruments and technology transfer as mechanisms for changing consumption behaviour. Changing behaviour is with a view to reducing environmental stress resulting from unsustainable patterns of consumption.168 In the case of species, firstly it would be use of species at a rate that maintains species at viable population levels that benefit present and future generations.169 Secondly, the need for sustainable use of biological resources in ensuring conservation of biological diversity is critical as humans derive valuable ecosystem services from biodiversity, including; food, medicine, timber for shelter and furniture, clothes and beauty (spiritual nourishment).170 The loss of biodiversity and species was of concern at the time of the Earth Summit and continues to be of concern today.171

Similarly, unsustainable use of fish resources remains a concern to the loss of biodiversity in aquatic ecosystems. The use of aquatic living resources (chapter 17) should also be undertaken in a sustainable manner and illegal, unreported and unregulated (IUU) fishing is recognised as a major challenge in the marine environment. Unsustainable fishing levels also results in loss of biodiversity. Under the auspices of the United Nations Food and Agriculture Organisation (FAO), the Earth Summit resulted in a response by the international community

166 _{Agenda 21 available at http://www.sustainable-environment.org.uk/Action/Agenda_21.php, accessed on 16}

August 2014.

167 _Ibid. 168 _Ibid.

169 _{Working definition of sustainable use as proffered by the author of this thesis.} 170

Ibid.

171 _{According to the CBD, Biodiversity Outlook of 2014, biodiversity loss continues even though there have}

been positive steps taken towards reducing loss. The extrapolations of current biodiversity loss show a

continuing downward trend at least up to 2020. The continuing trend could be ascribed to a possible time lag in positive actions being taken and the visible outcomes that suggest improvements. Secretariat of the Convention on Biological Diversity ‘Global Biodiversity Outlook 4’ (2014) 155 pages. Available at

to the challenge of IUU fishing through formulating an International Plan of Action (IPOA) to Prevent Deter and Eliminate IUU Fishing.172 The IPOA is an important ‘soft’ law tool in addressing the unsustainable use of fish resources as a result of IUU fishing. An important objective of the IPOA-IUU in this context is ‘the maintenance of consistency with the conservation and long term sustainable use of fish stocks and the protection of the environment’.173

The practice of IUU fishing therefore undermines the principle of sustainable use of fish resources and reaches markets at a fraction of the cost of legally caught fish. This means that illegally caught fish have an unfair advantage over legally caught fish, which is sold to recover costs for the full value chain, including any legal and administrative costs.174 This has far-reaching implications not only for trade, but also for the long term sustainability of fish resources that support livelihoods. Sustainable use of living resources is therefore fundamental to supporting sustainable livelihoods.