ABSTRACT

This chapter discusses the role and potential of human rights in international sustainable development law with reference to two key principles of sustainable development, one substantive, the other procedural: the duty of states to ensure the sustainable use of natural resources, and the principle of public participation and access to information and justice. The duty of states to ensure the sustainable use of natural resources, recognized as Principle 1 of the International Law Association (ILA) New Delhi Declaration, is premised on the notion that earth's 'climate system, biological diversity and fauna and flora of the Earth, are the common concern of humankind'. First enshrined as Principle 10 in the Rio Declaration, the principle of public participation, access to information, and access to justice in environmental and development matters appears in numerous multilateral environmental agreements and instruments. It reflects an increasing international commitment to the use of procedural and participatory approaches to environmental governance.