(ASIL) American Society of International Law

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

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