NGOs in International Environmental Law and Human Rights
NGOs: Key Actors in International Environmental Law
The importance of non-state organizations is becoming increasingly significant. Their significance lies in both the implementation and the development of environmental standards. It was at the Stockholm Conference of 1972 that the possibility of involving representatives of civil society in this matter was first opened. Participation increased further at the Rio Summit of 1992, allowing a significant number of NGOs to participate in international negotiations.
The Rio Summit (Rio Declaration and Agenda 21) also expressly recognized the important role played by certain groups (main groups, women, youth, NGOs) in sustainable development. These major groups referred to in Agenda 21 generally act through NGOs, but sometimes participate directly. Their properties are not homogeneous. Some focus on environmental research, others on public awareness, technical support, legal matters, and so on.
In my opinion, what makes them particularly relevant today is their ability to raise societal awareness of environmental problems through the dissemination of information and advice, and especially their crucial ability to pressure governments.
Sources of International Environmental Law
Similar to the creation of other rules of international law, the sources include treaties, custom, and general principles of law, which could be called classical sources (Article 38 of the Statute of the International Court of Justice). To this, we add those recognized by the International Law Commission of the United Nations and part of the doctrine, which acknowledges other sources originating rights and duties in the international arena. Among them are:
- Certain international legal acts.
- Judicial decisions of international tribunals.
- Unilateral acts of states that can establish binding rules.
Regarding the so-called classical sources, the most important creative source of environmental standards at the international level today are multilateral treaties, partly due to the large number of signatory countries and partly because many of them are born with a universal vocation. Custom still plays a significant role in the development of environmental standards, although in some cases there are certain difficulties in proving its existence.
Finally, it is important to highlight (due to their relevance) the so-called soft law in relation to international environmental law. Soft law is a connection to a non-source. These are non-binding legal acts that are performed as evidence of the practice and opinio juris necessary for the creation of customary rules. These diverse legal instruments (soft law) are not necessarily limited to:
- Statements of Principles.
- Codes of Conduct.
- Recommendations.
Human Rights and Environmental Protection
The jurisprudence of the European Court of Human Rights (ECHR) on the environment is crucial for our country, as its decisions are not only directly applicable but also affect the legislation itself, including our constitution. As we saw in the previous question, multilateral treaties are essential sources of law regarding the environment. Our constitution, in Article 96.1, binds the State to the commitments acquired through treaties or conventions, and once the requirements are met, they become fully part of Spanish law.
If the Convention on Human Rights entered by this route and is therefore part of our system, the rulings of the ECHR, as a result of the provisions of Article 96.1 in relation to Article 10.2, affect our state law. Moreover, as I said earlier, even domestic legislation must necessarily adapt to these resolutions and be interpreted according to them. So, the effect is threefold: displacement of domestic law if necessary, adjustment of legislation to the contrary, and interpretation according to the Convention system. It remains to be added, to further highlight the importance of this case, that it also binds and directs the action of our courts.