|World Charter for Nature
UN GA RES 37/7
United Nations General Assembly Resolution 37/7 28 October 1982
World Charter for Nature (1982)
The General Assembly,
Reaffirming the fundamental purposes of the United Nations, in particular the maintenance of international peace and security, the development of friendly relations among nations and the achievement of international cooperation in solving international problems of an economic, social, cultural, technical, intellectual or humanitarian character,
(a) Mankind is a part of nature and life depends on the uninterrupted functioning of natural systems which ensure the supply of energy and nutrients,
(b) Civilization is rooted in nature, which has shaped human culture and influenced all artistic and scientific achievements, and living in harmony with nature gives man the best opportunities for the development of his creativity, and for rest and recreation,
(a) Every form of life is unique, warranting respect regardless of its worth to man, and, to accord other organisms such recognition, man must be guided by a moral code of action,
(b) Man can alter nature and exhaust natural resources by his action or its consequences and, therefore, must fully recognize the urgency of maintaining the stability and quality of nature and of conserving natural resources,
(a) Lasting benefits from nature depend upon the maintenance of essential ecological processes and life support systems, and upon the diversity of life forms, which are jeopardized through excessive exploitation and habitat destruction by man,
(b) The degradation of natural systems owing to excessive consumption and misuse of natural resources, as well as to failure to establish an appropriate economic order among peoples and among States, leads to the breakdown of the economic, social and political framework of civilization,
(c) Competition for scarce resources creates conflicts, whereas the conservation of nature and natural resources contributes to justice and the maintenance of peace and cannot be achieved until mankind learns to live in peace and to forsake war and armaments,
Reaffirming that man must acquire the knowledge to maintain and enhance his ability to use natural resources in a manner which ensures the preservation of the species and ecosystems for the benefit of present and future generations,
Firmly convinced of the need for appropriate measures, at the national and international, individual and collective, and private and public levels, to protect nature and promote international co-operation in this field,
Adopts, to these ends, the present World Charter for Nature, which proclaims the following principles of conservation by which all human conduct affecting nature is to be guided and judged.
I. GENERAL PRINCIPLES
1. Nature shall be respected and its essential processes shall not be impaired.
2. The genetic viability on the earth shall not be compromised; the population levels of all life forms, wild and domesticated, must be at least sufficient for their survival, and to this end necessary habitat shall be safeguarded.
3. All areas of the earth, both land and sea, shall be subject to these principles of conservation; special protection shall be given to unique areas, to representative samples of all the different types of ecosystems and to the habitat of rare or endangered species.
4. Ecosystems and organisms, as well as the land, marine and atmospheric resources that are utilized by man, shall be managed to achieve and maintain optimum sustainable productivity, but not in such a way as to endanger the integrity of those other ecosystems or species with which they coexist.
5. Nature shall be secured against degradation caused by warfare or other hostile activities.
6. In the decision-making process it shall be recognized that man's needs can be met only by ensuring the proper functioning of natural systems and by respecting the principles set forth in the present Charter.
7. In the planning and implementation of social and economic development activities, due account shall be taken of the fact that the conservation of nature is an integral part of those activities.
8. In formulating long-term plans for economic development, population growth and the improvement of standards of living, due account shall be taken of the long-term capacity of natural systems to ensure the subsistence and settlement of the populations concerned, recognizing that this capacity may be enhanced through science and technology.
9. The allocation of areas of the earth to various uses shall be planned and due account shall be taken of the physical constraints, the biological productivity and diversity and the natural beauty of the areas concerned.
10. Natural resources shall not be wasted, but used with a restraint appropriate to the principles set forth in the present Charter, in accordance with the following rules:
(a) Living resources shall not be utilized in excess of their natural capacity for regeneration;
(b) The productivity of soils shall be maintained or enhanced through measures which safeguard their long-term fertility and the process of organic decomposition, and prevent erosion and all other forms of degradation;
(c) Resources, including water, which are not consumed as they are used shall be reused or recycled;
(d) Non-renewable resources which are consumed as they are used shall be exploited with restraint, taking into account their abundance, their rational possibilities of converting them for consumption, and the compatibility of their exploitation with the functioning of natural systems.
11. Activities which might have an impact on nature shall be controlled, and the best available technologies that minimize significant risks to nature or other adverse effects shall be used; in particular:
(a) Activities which are likely to cause irreversible damage to nature shall be avoided;
(b) Activities which are likely to pose a significant risk to nature shall be preceded by an exhaustive examination; their proponents shall demonstrate that expected benefits outweigh potential damage to nature, and where potential adverse effects are not fully understood, the activities should not proceed;
(c) Activities which may disturb nature shall be preceded by assessment of their consequences, and environmental impact studies of development projects shall be conducted sufficiently in advance, and if they are to be undertaken, such activities shall be planned and carried out so as to minimize potential adverse effects;
(d) Agriculture, grazing, forestry and fisheries practices shall be adapted to the natural characteristics and constraints of given areas;
(e) Areas degraded by human activities shall be rehabilitated for purposes in accord with their natural potential and compatible with the well-being of affected populations.
12. Discharge of pollutants into natural systems shall be avoided and:
(a) Where this is not feasible, such pollutants shall be treated at the source, using the best practicable means available;
(b) Special precautions shall be taken to prevent discharge of radioactive or toxic wastes.
13. Measures intended to prevent, control or limit natural disasters, infestations and diseases shall be specifically directed to the causes of these scourges and shall avoid averse side-effects on nature.
14. The principles set forth in the present Charter shall be reflected in the law and practice of each State, as well as at the international level.
15. Knowledge of nature shall be broadly disseminated by all possible means, particularly by ecological education as an integral part of general education.
16. All planning shall include, among its essential elements, the formulation of strategies for the conservation of nature, the establishment of inventories of ecosystems and assessments of the effects on nature of proposed policies and activities; all of these elements shall be disclosed to the public by appropriate means in time to permit effective consultation and participation.
17. Funds, programmes and administrative structures necessary to achieve the objective of the conservation of nature shall be provided.
18. Constant efforts shall be made to increase knowledge of nature by scientific research and to disseminate such knowledge unimpeded by restrictions of any kind.
19. The status of natural processes, ecosystems and species shall be closely monitored to enable early detection of degradation or threat, ensure timely intervention and facilitate the evaluation of conservation policies and methods.
20. Military activities damaging to nature shall be avoided.
21. States and, to the extent they are able, other public authorities, international organizations, individuals, groups and corporations shall:
(a) Co-operate in the task of conserving nature through common activities and other relevant actions, including information exchange and consultations;
(b) Establish standards for products and other manufacturing processes that may have adverse effects on nature, as well as agreed methodologies for assessing these effects;
(c) Implement the applicable international legal provisions for the conservation of nature and the protection of the environment;
(d) Ensure that activities within their jurisdictions or control do not cause damage to the natural systems located within other States or in the areas beyond the limits of national jurisdiction;
(e) Safeguard and conserve nature in areas beyond national jurisdiction.
22. Taking fully into account the sovereignty of States over their natural resources, each State shall give effect to the provisions of the present Charter through its competent organs and in co-operation with other States.
23. All persons, in accordance with their national legislation, shall have the opportunity to participate, individually or with others, in the formulation of decisions of direct concern to their environment, and shall have access to means of redress when their environment has suffered damage or degradation.
24. Each person has a duty to act in accordance with the provisions of the present Charter, acting individually, in association with others or through participation in the political process. Each person shall strive to ensure that the objectives and requirements of the present Charter are met.
Appendix to main document: Extract from Background Paper 2, Australias Oceans Policy.
18.8. WORLD CHARTER FOR NATURE 1982
Adopted by United Nations General Assembly Resolution 37/7 28 October 1982The World Charter for Nature proclaims general principles of conservation `by which all human conduct affecting nature is to be guided and judged' (Preamble). The principles call for: nature to be respected and its essential processes not to be impaired; the maintenance of genetic viability and protection of habitats; special protection for unique areas; management of ecosystems and organisms to achieve and maintain `optimum sustainable productivity'; and the protection of nature against destruction caused by warfare and hostilities.
The Charter emphasises the importance of consideration for natural systems in the planning and implementation of social and economic development activities. Article II stipulates that natural resources shall not be wasted, but used with a restraint appropriate to the principles set forth in the Charter; activities which might impact on nature shall be controlled and risks minimised by use of the best available technologies; discharge of pollutants shall be avoided wherever possible; and natural disaster or disease prevention measures shall avoid adverse side effects on nature. Australia was amongst the many nations supporting the resolution at the UN GA.
Implications for Australian oceans policy
The World Charter for Nature is a non-binding international instrument which articulates most provisions in a general way. Thus, the instrument does not directly impose obligations on Australia. However, since the Charter was adopted by the General Assembly, many of its principles have been developed further in other international legal instruments and are reflected widely in municipal law. Such development is consistent with Article III of the Charter which provides that `[t]he principles set forth in the present Charter shall be reflected in the law and practice of each state, as well as at the international level'. Also, despite its non-binding nature, the Charter declares that `[e]ach person has a duty to act in accordance with the provisions of the present Charter; acting individually, in association with others or through participation in the political process, each person shall strive to ensure that the objectives and requirements of the present Charter are met'.
World Charter for Nature
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