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REPORT ON UN DECADE OF INTERNATIONAL LAW
CONFERENCE IN QATAR
[Editor:]
Professor A.H.A. Soons, of the University of Utrecht in
the Netherlands attended the Qatar UN Decade Conference and
kindly provided the final conference declaration immediately
below.]
DOHA DECLARATION ON PRIORITIES FOR
PROGRESSIVE DEVELOPMENT OF
INTERNATIONAL LAW IN THE
UNITED NATIONS DECADE OF INTERNATIONAL
LAW TO MEET THE CHALLENGES OF THE 21ST CENTURY
- The Qatar International Law Conference, 1994
- Having met at Doha, Qatar from 22-25 March 1994
- Bearing in mind the purposes of the United Nations, in
particular those concerning the maintenance of international
peace and security, international cooperation in solving
international problems of an economic, social, cultural and
humanitarian character and in promoting respect for human rights:
- Recognizing that history confirms that if structures do not
adjust to the new requirements of change they become irrelevant
and that the rate of change of the world political environment
has accelerated to such an extent that continuing structural and
substantive adaptation is imperative;
- Underlining that protecting human rights, eliminating ethnic
and religious conflicts, creating a new framework for
international security, and achieving progress towards
development, have emerged as the vital challenges of our age;
- Bearing in mind that international law provides a rigorous
and analytical framework from which to approach these challenges,
and a powerful base of action from which to confront them as well
as a source from which we can draw new ideas and inspirations.
- Considering that our goal must be to transform human
relations so that international law becomes a true code of
conduct, as well as a means of human communication;
- Recognizing that human sufferings, as a result of armed
conflicts, violence and other catastrophes, in all their aspects,
profoundly trouble the conscience of mankind, and public opinion
demands that effective measures be undertaken to reduce and to
eliminate them to the greatest possible extent;
- Considering that it is essential to reinforce humanitarian
action, in conformity with the pertinent resolutions adopted by
the United Nations General Assembly, in order to alleviate human
sufferings, thereby contributing to the development of
international solidarity and the strengthening of friendly
relations between peoples;
- Bearing in mind the perspectives opened by the entry into
force of the United Nations Convention on the Law of the Sea in
November 1994;
- Recognizing that the Doha Conference presented a valuable
and timely opportunity for international lawyers drawn from all
the continents to define the role of international law and the
priorities to be addressed by international law as we move
towards the twenty-first century in the context of challenges
faced by our planet as a result of dramatic developments and
changes that have occurred in the worlds of politics, economics
and the environment and the even more dramatic changes that may
be anticipated;
- Re-affirming the Declarations of the United Nations
Conference on Environment and Development unanimously adopted in
Rio de Janeiro in June 1992 and the commitment diligently to
implement the commitments implicit in the Declaration and
identified in the Agenda 21 guidelines for international and
national actions to this end;
- Further re-affirming the conviction that the progressive
development of international law must take into account the
principles contained in the Rio Declaration, in particular that:
peace, development and environmental protection are
interdependent and indivisible and the preambular statement in
Agenda 21 that: integration of environment and development
concerns and greater attention to them will lead to the
fulfillment of basic needs, improved living standards for all,
better protected and managed eco-systems and a safer and more
prosperous future for all, and that: no nation can achieve this
on its own but together we can--in a global partnership for
sustainable development;
- Recognizing further that international law has a vital role
to play in providing a normative framework for relations among
States, both big and small, to enable them all to grow and
prosper together on the basis of justice and equality:
- Considers the protection of the environment in times of
armed conflict to be a matter of urgent concern;
- Calls upon all States which have not yet done so to ratify
he relevant international instruments;
- Urges the development of rules of international law that
emphasize the criminal nature of acts of destruction of the
environment;
- Considers that liability and compensations for damages
arising from the transboundary movement of hazardous waster is a
matter of universal concern, and that certain measures of
international law should be provided in this regard;
- Considers that the international law on the environment
seems to progress through customary practice than by means of
legal instruments, and that even adoption of precautionary
measures may not be enough to prevent damage resulting from the
transboundary movement of hazardous waste; therefore an
enforceable international conventional instrument is urgently
needed to protect the international environment;
- Underlines the necessity for a global approach to the
protection of the environment in areas not subject to national
jurisdiction;
- Expresses the hope that all States will ratify and
implement the United Nations Convention on the Law of the Sea in
a manner that will promote its universal acceptability'
- Urges all States to ratify the United Nations Convention on
the Rights of the Child, the protection of children being a
responsibility of mankind;
- Urges the United Nations to continue and strengthen its
efforts;
- to monitor the ratification, implementation, and progressive
development of the Law of the Sea Convention, at national,
regional and global levels;
- to examine whether the States, especially developing
countries are able to fulfill their duties, enjoy their rights
and generate their benefits under the Convention, and to analyze
the difficulties they might encounter;
- to monitor the implementation of Chapter 17 of Agenda 21, at
national, regional, and global levels;
- to assist in the effective implementation of the results of
the United Nations Conference on Straddling Stocks in accordance
with, and further developing, the pertinent provisions of the
United Nations Convention on the Law of the Sea;
- to follow the development of regional programmes of
cooperation and development in the marine sector and examine how
they adjust to the new requirements of integrated ocean
management and sustainable development;
- The right of victims to humanitarian assistance should be
reaffirmed as a basic human right. This right ensures respect
for other basic human rights to life, health and protection
against cruel and degrading treatment;
- The right to humanitarian assistance implies the right of
access of victims to potential donors and access of qualified
national and international organizations and other donors to the
victims in conformity with the relevant international
instruments. Humanitarian assistance, both as regards those
granting and those receiving it, should always be provided in
conformity with the principles inherent in all humanitarian
activities, and the principles of humanity, neutrality and
impartiality;
- The "guiding principles on the right to humanitarian
assistance" proposed by the International Institute of
Humanitarian Law in San Remo could be commended as a useful tool
in the promotion of the right to humanitarian assistance;
- A comprehensive approach to the protection of internally
displaced persons must include a clearer definition of the
applicable legal standards and firm commitments to uphold these;
- Institutional responsibilities, emphasizing the
complementarily of mandates and various types of expertise, need
to be refined;
- While new approaches are explored for the protection of
persons forced to flee their homes in search of safety, there is
a need to ensure that existing means of effective protection are
not in any away undermined;
- It is important to recall that a critical component of
humanitarian action in favor of victims of violence is located
outside the country of origin, through the provision of asylum to
refugees. Asylum remains and indispensable protection mechanism
in our contemporary world.
- States should give due regard to the advisory opinions of
the International Court of Justice as a way of interpreting
international law and clarifying the legal status of issues in
dispute;
- The International Court of Justice should be strengthened by
encouraging more States to make an optional clause declaration;
- A purposeful and effective global response to halt and
reverse dangerous global trends that threaten our planet requires
that the follow-up to the Rio Declaration be pursued with a much
greater sense of urgency by all States in conformity with Agenda
21 guidelines. States must move expeditiously to adopt
appropriate policies, to devise strategies and develop legal
norms and implementation mechanisms - at the local, national,
regional and international levels - to realize the goal of
sustainable development in all States and to discharge the
responsibility assumed by them:
(a) to co-operate to promote a supportive and open international
economic system conducive to economic growth and sustainable
development in all countries; (b)not to cause damage to the
environment of other States and areas beyond their borders; (c)to
eradicate poverty and to reduce disparities in world-wide
standards of living; (d)to reduce and eliminate unsustainable
patterns of production and consumption and to realize appropriate
demographic goals; (e)to prevent transboundary movement of
activities and substances that endanger human health and/or the
environment;
- For all these actions to materialize within the context of
the United Nations Decade of International Law, there is,
therefore, need to:
(a) review, up-date and harmonize existing national rules,
regulations and laws relating to environmental management;
(b) develop such new national rules, regulations and laws
relating to environmental management that will ensure the
effective implementation of programmes in the priority areas
identified for action to achieve global environmentally sound and
sustainable development;
(c) review and up-date existing sub-regional, regional and
international agreements, protocols and conventions on the
environment with possible implications for environmental
management;
(d) develop such new sub-regional, regional and international
agreements, protocols and conventions on the environment with
possible implications for environmental management that will
enhance each country's contribution to global environmental
management for global sustainability;
(e) develop and strengthen the capacity of research institutions
to promote the development of manpower capability in national and
international environmental legislation.
The President
Dr. Najeeb M. Al-Nauimi
Copyright 1997 American Society of International Law
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