Law and You > Environmental Laws > Rio Declaration, 1992

Twenty years after Stockholm, the United Nations Conference on Environment and Development was held in Rio de Janeiro from 3rd to 14th June 1992 with the goal of establishing a new and equitable global partnership through the creation of new levels of co-operation among States, key sectors of societies and people, Working towards international agreements which respect the interests of all and protect the integrity of the global environmental and developmental system and recognizing the integral and interdependent nature of the Earth, our home. ‘The Earth Summit’, as it was called adopted the ‘Rio Declaration’ and an action plan of 40 chapters called Agenda 21 was adopted by over 100 Nations. Agenda 21 was geared towards achieving Sustainable Development in the 21st century. This conference was a landmark event in global environmental diplomacy, building upon the foundation laid by the 1972 Stockholm Conference. The Rio Declaration set out 27 principles intended to guide countries toward sustainable development and balance environmental protection with economic growth.

Principles of Rio Declaration:

The Rio Declaration on Environment comprises a proclamation of 27 principles and submission of recommendations. Some of the important principles relating to environmental protection in the Rio declaration are as follows:-

1. Human beings are at the centre of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature.
2. States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
3. The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations.
4. In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.
5. All States and all people shall co-operate in the essential task of eradicating poverty as an indispensable requirement for sustainable development, in order to decrease the disparities in standards of living and better meet the needs of the majority of the people of the world.
6. The special situation and needs of developing countries, particularly the least developed and those most environmentally vulnerable, shall be given special priority. International actions in the field of environment and development should also address the interests and needs of all countries.
7. States shall co-operate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth’s ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit of sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command.
8. To achieve sustainable development and a higher quality of life for all people, States should reduce and eliminate unsustainable patterns of production and consumption and promote appropriate demographic policies.
9. States should co-operate to strengthen endogenous capacity-building for sustainable development by improving scientific understanding through exchanges of scientific and technological knowledge, and by enhancing the development, adaptation, diffusion, and transfer of technologies, including new and innovative technologies.
10. Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.
11. States shall enact effective environmental legislation, Environmental standards, management objectives, and priorities should reflect the environmental and developmental context to which they apply. Standards applied by some countries may be inappropriate and of unwarranted economic and social cost to other countries, in particular developing countries.
12. States should co-operate to promote a supportive and open international economic system that would lead to economic growth and sustainable development in all countries, to better address the problems of environmental degradation. Trade policy measures for environmental purposes should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. Unilateral actions to deal with environmental challenges outside the jurisdiction of the importing country should be avoided. Environmental measures addressing transboundary or global environmental problems should, as far as possible, be based on an international consensus.
13. States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage. States shall also co-operate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their jurisdiction or control to areas beyond their jurisdiction.
14. States should effectively co-operate to discourage or prevent the relocation and transfer to other States of any activities and substances that cause severe environmental degradation or are found to be harmful to human health.
15. In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
16. National authorities should endeavour to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment.
17. Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority.
18. States shall immediately notify other States of any natural disasters or other emergencies that are likely to produce sudden harmful effects on the environment of those States. Every effort shall be made by the international community to help States so afflicted.
19. States shall provide prior and timely notification and relevant information to potentially affected States on activities that may have a significant adverse transboundary environmental effect and shall consult with those States at an early stage and in good faith.
20. Women have a vital role in environmental management and development. Their full participation is therefore essential to achieve sustainable development.
21. The creativity, ideas, and courage of the youth of the world should be mobilized to forge a global partnership in order to achieve sustainable development and ensure a better future for all.
22. Indigenous people and their communities, and other local communities have a vital role in environmental management and development because of their knowledge and traditional practices. States should recognize and duly support their identity, culture, and interests and enable their effective participation in the achievement of sustainable development.
23. The environment and natural resources of people under oppression, domination, and occupation shall be protected.
24. Warfare is inherently destructive of sustainable development. States shall, therefore, respect international law providing protection for the environment in times of armed conflict and co-operate in its further development, as necessary.
25. Peace, development and environmental protection are interdependent and indivisible.
26. States shall resolve all their environmental disputes peacefully and by appropriate means in accordance with the Charter of the United Nations.
27. States and people shall co-operate in good faith and in a spirit of partnership in the fulfillment of the principles embodied in this Declaration and in the further development of international law in the field of sustainable development.

Outcomes and Significance of Rio Declaration:

The Rio Declaration was a key element of the 1992 Earth Summit, which produced several other important outcomes and agreements, including:

• Agenda 21: Rio Declaration gave a comprehensive plan of action to achieve sustainable development globally, nationally, and locally. It is non binding action plan of the UN for sustainable Development. 21 refers to twenty First Century. This agenda deals with following four areas: Social and economic dimension, Conservation and Management of resources for development, Strengthening role of major groups, and Means of implementation.
• United Nations Framework Convention on Climate Change (UNFCCC): A global agreement to address climate change, laying the foundation for future agreements like the Kyoto Protocol (1997) and the Paris Agreement (2015).
• Convention on Biological Diversity (CBD): A legally binding treaty aimed at conserving biological diversity, promoting sustainable use of its components, and ensuring fair benefit-sharing from genetic resources.
• Forest Principles: A non-legally binding statement of principles for the sustainable management of forests.

UN Commission on Sustainable Development:

The United Nations Commission on Sustainable Development (CSD) was established in 1992 following the Earth Summit in Rio de Janeiro as a functional commission of the UN Economic and Social Council (ECOSOC). Its primary purpose was to monitor and report on the progress of implementing the outcomes from the Earth Summit, particularly Agenda 21, a comprehensive plan of action to build a global partnership for sustainable development. The CSD provided a forum for reviewing progress, sharing best practices, and promoting dialogue on policies related to sustainable development.

Key Functions of the CSD:

1. Review and Monitoring: The CSD tracked progress in implementing sustainable development goals at local, national, and global levels.
2. Policy Guidance: It provided recommendations and guidance to countries on sustainable development strategies.
3. Promoting Dialogue: It served as a platform for governments, major groups, and international organizations to discuss key challenges and opportunities in sustainable development.
4. Integration of the Three Pillars of Sustainability: The CSD aimed to balance the economic, social, and environmental aspects of development.

Evolution and Transition:

In 2013, the Commission on Sustainable Development was replaced by the High-Level Political Forum on Sustainable Development (HLPF), which now serves as the main UN platform for sustainable development. The HLPF continues the work initiated by the CSD but with a greater emphasis on reviewing the progress of the Sustainable Development Goals (SDGs), adopted in 2015 as part of the 2030 Agenda for Sustainable Development. The HLPF also includes a broader mandate and participation from multiple stakeholders, ensuring a more integrated and comprehensive approach to global sustainable development

The Rio Summit Follow up:

The Rio Summit was followed by several other Conferences to focus on ‘Sustainable Development’. These include conferences like the “Global Conference on Sustainable Development of Small Island Developing States” in Barbados in 1994: “The World Summit on Social Development” in Copenhagen in 1995: “The Fourth World Conference on Women”, Beijing 1995; and the “Second UN Conference on Human Settlements, Habitat II”, Istanbul in 1996.

The focus was on following the path of ‘Sustainable Development’ in all countries in all parts of the ecosystem whether on land, water or air. The effort has also been an all-inclusive development that reaches all sections of the population with a special focus on the vulnerable sections like women, children or the marginalized.

A five-year review of the progress of the ‘Earth Summit’ was held in 1997 by the United Nations General Assembly. This was followed by a ten-year review in 2002 by the World Summit on Sustainable Development (WSSD). The WSSD was held in Johannesburg, South Africa. It urged the Nations to make progress in the formulation and implementation of strategies for sustainable development and to begin implementing them by 2005.

Johannesburg Summit on Sustainable Development (Rio + 10)

The Johannesburg Summit on Sustainable Development, officially known as the World Summit on Sustainable Development (WSSD), was held from August 26 to September 4, 2002, in Johannesburg, South Africa. This summit was organized by the United Nations to assess the progress made in the ten years since the 1992 Earth Summit in Rio de Janeiro and to renew global commitments to sustainable development. The summit focused on addressing persistent global challenges, such as poverty, environmental degradation, and unsustainable consumption patterns, with an overarching goal of promoting sustainable development. The event was seen as an opportunity to implement concrete actions for sustainable development rather than just discussing ideas and policies.

Johannesburg Declaration on Sustainable Development reaffirmed the global commitment to sustainable development and emphasized the need for strengthening international partnerships to address global challenges like poverty, access to clean water, energy, and health. This action plan outlined specific targets and timeframes to address various issues, such as:

• Poverty Reduction: A strong emphasis was placed on eradicating poverty as a prerequisite for sustainable development.
• Access to Clean Water: The summit called for reducing the proportion of people without access to safe drinking water and basic sanitation.
• Energy: Promotion of renewable energy sources and access to affordable energy services, especially in developing countries.
• Health: It included commitments to combat diseases like HIV/AIDS, malaria, and tuberculosis.
• Biodiversity: It called for reversing the loss of biodiversity by 2010.
• Sustainable Consumption and Production: Encouraging a shift towards more sustainable consumption and production patterns.

The summit also launched several public-private partnerships, also called “Type II Partnerships.” These voluntary initiatives between governments, the private sector, and civil society were aimed at addressing specific sustainable development challenges.

Although the Johannesburg Summit made important progress in bringing sustainable development to the forefront of global policy, it was criticized by some for not establishing binding agreements and for relying too heavily on voluntary partnerships. Critics argued that stronger political commitments and funding mechanisms were needed to drive meaningful change.

Despite the challenges, the summit reinforced global attention on sustainable development, laying the groundwork for future international efforts, including the Sustainable Development Goals (SDGs) adopted in 2015. It also emphasized the need for collaboration across sectors and highlighted the importance of integrating economic, social, and environmental dimensions in development policy.

United Nation Conference on Sustainable Development, 2012 (Rio + 20)

The United Nations Conference on Sustainable Development (UNCSD), also known as Rio+20, took place in Rio de Janeiro, Brazil, from June 20 to 22, 2012. It marked the 20th anniversary of the original 1992 Earth Summit held in the same city and aimed to reinvigorate global efforts toward achieving sustainable development.

Goals of Rio+20:

The main objectives of the conference were:

1. Assess Progress: To review progress and gaps in implementing sustainable development commitments made in past summits, especially since the 1992 Earth Summit and the 2002 Johannesburg Summit.
2. Future Directions: To explore how the international community could move forward in a renewed commitment to sustainable development in light of new global challenges, such as climate change, economic instability, and food and energy security.
3. Green Economy: To promote the concept of a green economy in the context of sustainable development and poverty eradication.
4. Institutional Framework: To strengthen the institutional framework for sustainable development, improving the global governance system for managing environmental and social challenges.

Key Outcomes of Rio+20:

• The Future We Want: The primary outcome document of the conference was titled “The Future We Want.” It reaffirmed the global commitment to sustainable development and set out a comprehensive plan for future actions, though many felt it lacked ambitious binding commitments. The document called for the promotion of a green economy and sustainable development, emphasizing the importance of integrating environmental, social, and economic dimensions of development.
• Sustainable Development Goals (SDGs): One of the major outcomes of Rio+20 was the launch of the process to develop the Sustainable Development Goals (SDGs), which were designed to replace the Millennium Development Goals (MDGs) when they expired in 2015. The SDGs aimed to provide a universal framework for addressing global challenges and ensuring a sustainable future for all. The formal adoption of the SDGs took place in 2015 with the adoption of the 2030 Agenda for Sustainable Development.
• Strengthening the United Nations Environment Programme (UNEP): The conference strengthened the mandate of the UN Environment Programme (UNEP), providing it with more resources and an upgraded status to improve its role in coordinating global environmental efforts.
• High-Level Political Forum (HLPF): Rio+20 led to the creation of the High-Level Political Forum on Sustainable Development (HLPF), which replaced the Commission on Sustainable Development (CSD). The HLPF is now the central UN platform for follow-up and review of the SDGs, serving as a platform for assessing progress in sustainable development and guiding global efforts.
• Voluntary Commitments: Numerous countries, companies, and civil society organizations made voluntary commitments at Rio+20 to take concrete actions toward sustainable development. These commitments covered a wide range of issues, including renewable energy, water management, sustainable cities, and biodiversity conservation.

Major Themes at Rio+20:

• Green Economy: Encouraging the transition to a green economy as a path to sustainable development while considering the needs of developing countries.
• Poverty Eradication: Recognizing the eradication of poverty as a key aspect of achieving sustainable development.
• Institutional Reform: Strengthening global governance structures for sustainable development, including upgrading UNEP and reforming how international environmental agreements are implemented.
• Sustainable Consumption and Production: Promoting more sustainable patterns of consumption and production to reduce the strain on natural resources and ecosystems.

Criticisms:

Despite its significance, Rio+20 was criticized for not producing strong, legally binding agreements. Many environmental groups and civil society organizations felt the final document, “The Future We Want,” lacked concrete actions and ambitious targets to address pressing issues like climate change and biodiversity loss. There was also concern that too much focus was placed on the concept of the green economy, without ensuring that it would benefit all countries, especially developing nations.

Legacy of Rio+20:

Rio+20 played a critical role in shaping the global sustainable development agenda for the coming decade. It laid the foundation for the development of the SDGs, which have since become the cornerstone of international efforts toward sustainability and are a key focus of global policymaking. It also emphasized the need for innovative partnerships between governments, businesses, and civil society to achieve sustainable development.

The outcomes of Rio+20 continue to influence global environmental policy, particularly through the HLPF and the ongoing efforts to implement the 2030 Agenda for Sustainable Development.

Other Important Decisions and Agreements:

The following is a brief overview of some significant decisions and agreements that were reached by various countries:

• Delhi Mandate: In 2004, Delhi Mandates the use of compressed natural gas in city buses and auto rickshaws, responding to rising civil society pressure over air pollution.
• Kyoto Protocol: In 2005, the Kyoto Protocol enters into an agreement which legally bound the developed countries to go for greenhouse gas emission reductions and establishing the Clean Development Mechanism for developing countries.
• Montreal Protocol: In 2007, the Montreal Protocol was signed on Substances that deplete the ‘Ozone Layer’. Countries agreed to an accelerated phase-out schedule for hydrochlorofluorocarbons (HCFCs). NASA has reported that the ‘ozone layer’ is recovering, in part due to reduced concentrations of CFCs, phased out under the ‘Montreal Protocol’.
• Copenhagen Summit: In 2009, Copenhagen climate negotiations were held. However, the participating countries failed to reach an agreement on new emissions reductions commitments beyond 2012 (the end of the ‘Kyoto Protocol’ time frame). An important outcome was that thrust now shifted towards national and regional efforts to reduce emissions.
• G20 Pittsburgh Summit: In 2009, the G20 Pittsburgh Summit was held. Leaders called for making fossil fuel like petrol and diesel more expensive in order to phase them out. They also agreed to provide targeted support for the poorest people.
• Durban Summit: In 2011, climate change negotiations were held in Durban. The negotiations’ outcome was a step forward in establishing an international agreement beyond Kyoto. It was agreed to cut carbon emissions in all countries, including developed countries and several major developing countries. 
• Doha Conference: The 2012 United Nations Climate Change Conference was held in Doha. It was agreed to extend the ‘Kyoto Protocol’ that was to end in 2012 to 2020. It was also agreed to renegotiate the agreement reached in Durban by 2015 and to implement it by 2020.

Conclusion:

The Rio Declaration on Environment and Development (1992) was a landmark in global environmental governance, reinforcing and expanding upon the ideas of sustainable development first introduced in the 1972 Stockholm Declaration. By establishing 27 principles, it created a comprehensive framework for balancing environmental protection with economic development, emphasizing the importance of integrating these two goals to meet the needs of both present and future generations.

The Rio Declaration underscored the need for sustainable development, where economic growth and environmental conservation are pursued together. It highlighted that development must be inclusive, equitable, and environmentally sound. Central to the Declaration is the principle of common but differentiated responsibilities (CBDR), which acknowledges the different capacities of countries to address environmental challenges based on their historical contributions to environmental degradation and their development needs. This principle remains one of the most influential and debated concepts in international environmental agreements. The precautionary principle and the polluter pays principle introduced in the Rio Declaration have had a profound impact on environmental policymaking, stressing preventive action and accountability in environmental degradation. The Declaration emphasized the importance of public participation, access to environmental information, and transparency in decision-making processes. This recognition of the role of civil society and local communities in environmental governance has fostered more inclusive approaches to addressing global environmental issues. The Rio Declaration reaffirmed the importance of international cooperation in addressing environmental problems that transcend national borders, such as climate change, biodiversity loss, and pollution.

Thus, the Rio Declaration served as a foundational document that shaped the global approach to environmental protection and sustainable development for decades to come. It provided a clear set of principles guiding countries on how to approach environmental governance in a more holistic, inclusive, and sustainable manner. The concepts and principles established in Rio continue to influence international environmental agreements, policies, and national development plans, making it a cornerstone of modern sustainable development efforts. The Declaration’s legacy is seen in major international treaties like the Paris Agreement on climate change and ongoing efforts toward achieving the Sustainable Development Goals (SDGs).

Related Topics:

• Stockholm Declaration
• Vienna Convention and Montreal Protocol
• Basel Convention (Trans-Boundary Hazardous Substances)
• United Nations Framework Convention on Climate Change
• Kyoto Protocol
• Doha Amendment
• Paris Climate Agreement
• Convention on Biological Diversity
• Cartagena Protocol on Biosafety
• Nagoya Protocol on Access to Genetic Resources

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