Sustainable development Environmental, economic and social elements The focus on long term development and future generations, as well as equity From sovereignty to trusteeship (US argument in Fur Seals)? Development of erga omnes elements? Objective rather than principle? Shared objective across an increasing range of instruments Coordinating effect? A broad variety of formulations The role of Agenda 21, CSD and the Johannesburg Summit Common but differentiated responsibility, Rio Declaration princ. 7 To what extent reflected in treaties? The current debate over climate change The duty to co-operate – unilateralism

Precaution and prevention ”Tragedy of the commons” and ”critical load” The problem of uncertainty Precaution vs. benefit-cost analyses An obligation to act? Principle 15 of the Rio Declaration Draft Articles on Prevention – procedural obligations? A right to act? The interface between environment and trade Is precaution as a principle being replaced by procedural approaches based on risk assessment?

Reparation of environmental damage Facilitative vs. confrontational approaches State responsibility vs. Liability Compensation without violation? State liability vs. civil liability Insurance, funds and the limitation of liability

Air pollution Framework conventions and subsequent protocols Trends Global: Climate change and ozone layer Regional: The European system on long-range transboundary air pollution The role of customary law Trends From specific obligations related to emissions of specific pollutants towards diffuse problems related to a variety of pollutants Development of standards and technical rules Reduced emphasis on common but differentiated responsibilities? Increasing use of compliance mechanisms The fundamental effects of the climate regime

Biodiversity One general treaty and a broad range of more specific treaties Convention on Biological Diversity – a framework convention? Issue-specific treaties: Migratory species, wetlands, species Measure-specific treaties: CITES, biosafety Emphasis on coordination and harmonisation of domestic measures Fragmented area Internal fragmentation and interaction with other areas Extensive use of general and specific soft law instruments In general: facilitative approaches to implementation and compliance

Hazardous products and waste Examples: Nuclear, GMOs, POPs, chemicals, hazardous wastes, hazardous and noxious substances The link to international trade Conflicts and coordination The principle of ”prior informed consent” Establishment of ”clearing houses” for relevant information Harmonisation of domestic policies Permits to market products and labelling requirements The issue of civil liability Facilitative approaches to implementation and compliance(?)