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Recommendation N°1. The principle of non-regression of environmental law

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Vincent
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The international meeting of jurists and environmental law associations, having met in Limoges (France) from 29 September to 1 October 2011, and with a view to contributing to the advancement of environmental law,

  1. Noting that all current international environmental conventions, whether universal or regional, provide that an objective of States is the continuous improvement of the environment along with social progress and combatting poverty,

  2. Observing therefore that an international consensus exists on the need for legal measures to attain a higher level of environmental protection and improvement in environmental quality, including progressive reduction of pollution affecting health and greater preservation of biodiversity which is essential for harmony between humans and nature,

  3. Affirming that legal measures preventing regression of environmental protection are an essential component of the commitment to continuous improvement of environmental protection,

  4. Considering that sound environmental policy is a reflection of societal progress,

  5. Taking into account that a healthy environment is henceforth recognized as a human right at the international level as well as in the majority of national Constitutions,

  6. Acknowledging that the United Nations Human Rights Agreements of 1966 aim for the continual advancement of protected rights and are interpreted as prohibiting regression of fundamental rights,

  7. Underscoring that the right to a healthy environment is an essential element of sustainable development,

  8. Considering that human society has a collective responsibility not to harm the rights of future generations to life, health and a sound environment and to pass on the environment in the best possible condition,

  9. Mindful of the multiple threats that weigh on environmental policies and that, either explicitly or by stealth, may lead to reduced protection of biodiversity and increased risks of pollution and ecological distress,

  10. Convinced of the need for measures that prevent all backsliding or regression of the level of environmental protection attained by each State according to its development status,

  11. Considering that non-regression may be based on an express provision in the Constitution or laws of a...

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