Global Governance of Oil and Gas Resources in the International Legal Perspective. Joanna Osiejewicz
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Resources (2017) also speaks on this matter.226 The ASEAN Agreement on the Conservation of Nature and Natural Resources (1985) does not include such unambiguous regulations.227
3.3.2 The duty of protection and sustainable use of natural wealth and resources
In 1962, the UN General Assembly adopted by consensus a Resolution on economic development and the conservation of nature,228 which draws attention to the extent to which the economic development of developing countries may threaten their natural resources, including wildlife and flora. It formulates for the first time the objective of not wasting natural resources and recommends taking action and introducing effective national legislation aiming at, inter alia, the protection and rational use of natural resources.
The Stockholm Declaration on the Human Environment (1972)229 indicates that careful planning and management are necessary to safeguard the natural resources of the earth for the benefit of present and future generations. Principle No. 2 states that natural resources of the earth, including the air, water, soil, flora and fauna, must be safeguarded by careful planning or management. Principle No. 13 provides for that in order to secure a more rational management of resources, and thus improve the state of the environment, states should adopt an integrated and coordinated approach to planning their development, so as to ensure that this development is compatible with the protection and improvement of the human environment. It was only after the Stockholm Conference that UN resolutions gradually developed standards for nature conservation and the use of natural resources.
The Charter of Economic Rights and Duties of States230 states that the protection, preservation and improvement of the environment for current and future generations is the responsibility of all states. All countries strive to develop such environmental and development policies that will strengthen the current and future development potential of developing countries. They are required to ensure that activities under their jurisdiction or control do not cause damage to the environment of other countries or areas outside national jurisdictions. All countries should also cooperate in shaping international norms and regulations in the field of environmental protection231.
In Resolution No. 35/7, the UN General Assembly calls on the Member States, as part of their permanent sovereignty over natural resources, to act with the utmost importance of protecting natural systems, maintaining the balance and quality of nature and preserving natural resources in the interests of present and future generations. The solemnly proclaimed revised World Charter of Nature232 expresses the conviction that man can change nature and exhaust natural resources through the activities taken or the effects of these activities. Consequently, the urgent need to maintain the stability and quality of nature and the protection of natural resources must be recognized. Therefore, the Resolution contains principles of conservation and states that natural resources, including non-renewable resources, must not be wasted, and that they must be used in moderation, given their size, rational possibilities of their conversion to consumption, and their compatibility with the functioning of natural systems.
With regard to the obligation to prevent significant harm to the environment of third countries or areas beyond national jurisdiction, Principle 21 of the Stockholm Declaration233 states that states, in accordance with the United Nations Charter and the principles of international law, have the sovereign right to exploit their own resources in accordance with their environmental policy and that this right corresponds with the assurance that activities under their jurisdiction or control do not cause damage to the environment of third countries or in areas outside national jurisdictions. The General Assembly further strengthened this provision in the Resolution on cooperation between states in the field of environmental protection,234 stating in its first paragraph that during the exploration, development, and use of natural resources, states should not cause significant adverse effects in zones beyond their national jurisdiction.
According to the preamble to the African Convention on the Conservation of Nature and Natural Resources (1968),235 concluded under the auspices of the Organization of African Unity, the convention is based on the obligation to use the continent’s natural resources for the progress of all nations. The main objective is to promote the necessary measures to ensure the protection, use, and development of soil, water, flora and fauna belonging to the continent’s resources, in accordance with scientific principles and with a view to the best interests of nations. In addition, all parties are obliged to pay special attention to such issues as controlling bush fires, exploiting forests, clearing land for cultivation, and limiting the intensity of forest use to the degree that does not prevent its regeneration.236 States have a special responsibility for the protection of species of animals and plants threatened with extinction, and which are represented exclusively on the territory of one of the states’ parties.237 The revised African Convention on the Conservation of Nature and Natural Resources adopted in 2017 extended the original agreement by including elements thet ensure the implementation of the sustainable development principle.238
The aim of the 1976 Apia Convention on the Conservation of Nature in the South Pacific Region,239 concluded in 1976, is to maintain the region’s potential for the protection of renewable natural resources and natural ecosystems, geological formation, heritage of wild fauna and flora and their habitats, while preserving cultural traditions and practices. In this region, the Secretariat of the Pacific Regional Environment Programme (SPREP)240 is also worth noting. It has been operating as a regional organization since 1991. The aim of this entity is to coordinate pro-environmental activities, including through the adoption of a strategy for the conservation of nature in the Pacific island region, and as part of the secretariat for the implementation of the Apia Convention.241
In relation to Latin America, the most relevant in this regard is the Treaty for Amazonian Cooperation (1978),242 whose main objective is to promote the harmonious development of the Amazon region, to protect the natural environment, as well as to safeguard and rationally use the natural resources of these territories. The subsequent Amazonian Declaration (1989) combines the exercise of permanent sovereignty with the duty to protect the environment and to respect the rights and interests of indigenous peoples. It also reminds of the need to preserve the Amazonian heritage thanks to the rational use of the region’s resources, in the interests of present and future generations.243 The declaration expresses international support for the protection of the heritage of these areas, provided that this does not constitute a violation of sovereignty.
In the preamble of the ASEAN Agreement on the Conservation of Nature and Natural Resources (1985)244 states-parties recognized the importance of natural resources for present and future generations and expressed their readiness to undertake individual and joint action to protect and manage their living