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The following are some of the key multilateral and
bilateral agreements that could have legal implications for the spill:
Stockholm Declaration on Environment, Principle 21 (1972)
Adopted during the Stockholm Conference on Environment, the principle is
now a rule of customary
international law. Principle 21 notes: "... States have the responsibility
to ensure that
activities within their jurisdiction or control do not cause damage to the
environment of other States..." The principle is found also in the Convention on Biological
Diversity and was reiterated
in the Rio Declaration on Environment and Development.
Convention on the Protection and Use of Transboundary Watercourses and
International Lakes (Helsinki 1992) (In force)
Hungary, Romania are parties. Yugoslavia is not.
United Nations Economic Commission for Europe (UN/ECE) convention includes
requirements
to conduct Environmental Impact Assessments (EIAs), to notify downstream
States of accidents,
and the "polluter pays principle." Its Protocol on Water and Health is
not yet in force.
Convention on Transboundary Effects of Industrial Accidents (Helsinki, 1992)
(comes into force April 2000)
Hungary is a party. Romania, Yugoslavia are not. UN/ECE convention aims at protecting human beings and the environment
against industrial
accidents capable of causing transboundary effects and at proposing active
international cooperation
between Contracting Parties before, during and after such accidents.
Convention on Environmental Impact Assessment (EIA) in a Transboundary
Context (Espoo, 1991) (In force)
Hungary is a party. Romania has signed but not ratified. Yugoslavia has
not signed. UN/ECE convention requires States to notify and consult each other on all
major projects under
consideration that are likely to have a significant adverse environmental
impact across boundaries.
It covers mining operations but only applies to new (or modifications to
existing) facilities,
not ongoing operations.
Convention on Civil Liability for Damage Resulting from Activities Dangerous
to the Environment (Lugano, 1993) (Not in force)
Council of Europe convention aims at ensuring adequate compensation for
damage resulting
from activities dangerous to the environment and provides for means of
prevention and reinstatement.
Convention on Cooperation for the Protection and Sustainable Use of the
River Danube (Sofia, 1994) (In force)
Romania, Hungary are parties. Yugoslavia is not.
Aims at achieving sustainable and equitable water management in the Danube
basin. Signatories
have agreed on "control of the hazards originating from accidents
involving substances
hazardous to water, floods and ice-hazards" and to "contribute to
reducing the pollution loads
of the Black Sea from sources in the catchment area."
Hungary-Romania: Treaty on Understanding, Cooperation and Good
Neighbourliness (1997)
Article 11(2) states: "In the event of an ecological catastrophe … the
Contracting Parties shall,
without delay, inform ea
measures they have taken."
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