Tímarit lögfræðinga - 01.12.1989, Side 15
The Report maintains that this may result, inter alia, in “massive
destruction of forests, wetlands and even the polar tundra”. As a
consequence “complex ecosystems that have existed for millenia”
could be destroyed. A drastic rise in sea level may result if these dire
predictions come true. The Report states to this effect:
“As ocean water warms, it will expand, and warming the poles
will melt parts of glaciers and icecaps. Studies conclude that a
temperature rise of 3 degrees Celsius by 2050 would raise the
sea level by 50—100 centimeters. By the end of next century,
sea level may be up as much as two meters.” (p. 10).
IV
1. A vital question which naturally arises is: Are we helpless when
faced with these increasing pollution hazards and the pressure tliereby
exerted on our ecology? It is my firm conviction that legal principles
exist in the modem law of nations which establish — not only
guidelines — but obligatory norms in regard to our ecology, thus
limiting mankind’s freedom of action in relation to our environment.
These principles of international environmental law can be extracted
from the various sources of international law defined in Article
38 of the Statute of the International Court of Justice, to wit: “inter-
national conventions, whether general or particular” (Art. 38, para.
1 (a)); customary international law (Art. 38, para. 1 (b)); “general
principles of law” recognized by nations (Art. 38, para. 1 (c)) and
“judicial decisions and the teachings of the most highly qualified
publicists” (Art. 38, para. 1 (d)).
2. I shall briefly try to crystallize the relevant legal principles pertain-
ing to the protection of the environment. In addition to a series of
United Nations resolutions, first and foremost the World Charter for
Nature of 28 October 1982, there exist other valuable attempts to
establish the legal principles for the environment.
The Brundtland Report, Our Common Future, 1984, contains, in
Annex 1, entitled “Summary of Proposed Legal Principles for En-
vironmental Protection and Sustainable Development”, 22 legal
principles concerning the protection of the environment.
The summary is based on the more comprehensive set of “Legal
Principles for Environmental Protection and Sustainable Development”
221