therefore, its relationship to the protection of human rights will be analyzed in the following
section.
SECTION 2: ENVIRONMENTAL LAW AND HUMAN RIGHTS
62
The source of environmental law is, on the one hand, domestic law and, on the other,
international law. As regards international environmental law, this is composed not only of
treaties such as the Convention for the Protection and Development of the Marine Environment of
the Wider Caribbean Region, but also of customary norms, which we will refer to below.
63.
The purpose of the norms of environmental law is to protect man’s natural surroundings
and the diverse elements that this is comprised of and on which, as previously mentioned, the
effective enjoyment of human rights depends. In this context, the principles and rules of
environmental law benefit not only the natural milieu as such, but also the quality of life of the
individual and his life project.
64.
This is fully demonstrated, for example, by the preamble to the Convention for the
Protection and Development of the Marine Environment of the Wider Caribbean Region, which
indicates clearly that the States parties are: “Conscious of their responsibility to protect the marine
environment of the wider Caribbean region for the benefit and enjoyment of present and future
generations.” This phrase merely proves that the obligation to protect the marine environment is
essential to ensure the factual conditions on which depend the physical life, a life with dignity, and
the personal integrity of present and future generations.
65.
Furthermore, Principle 7 of the Stockholm Declaration establishes that:
“States shall take all possible steps to prevent pollution of the seas by substances that are
liable to create hazards to human health, to harm living resources and marine life, to
damage amenities or to interfere with other legitimate uses of the sea.”43
66.
Owing to the relationship that exists between the protection of the environment and the
quality of life of the individual, several of the obligations of States that are party to the body of
norms of international environmental law are relevant to ensure compliance with State obligations
in relation to human rights – considering, in particular, the current needs of society in this area.
67.
In this regard, in the case concerning the Gabčíkovo-Nagymaros Project, Judge
Weeramantry, former Vice Present of the International Court of Justice considered that:
“The protection of the environment is likewise a vital part of contemporary human rights
doctrine, for it is a sine qua non for numerous human rights such as the right to health and
43
Stockholm Declaration on the Human Environment, in the Report on the United Nations Conference on the
Human Environment. UN Doc. A/CONF.48/14/2 and Corr.1 (1972).
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