(Les procedures d'information et de con- sultation) ne se poursuivent pas au-del~ d'un d61ai raisonnable et n'entravent pas les activi- t6s ou les projets sur lesquels portent ces procedures. Effet suspensif

En elles-m#mes les proc6dures d'infor- marion et de consultation ne comportent pas d'effet suspensif. Elias se diff~rencient

ce propos des n6gociations et des proc6- dures contraignantes de rCglement des dif- f6rends qui pourraient conduire dans certains cas ~ une interruption de la r6alisation du projet. Pour permettre de mieux pr(~venir les difficult~s, il apparaltra souvent avantageux aux pays concern~s de mettre en oeuvre les procedures d'information et de consultation le plus t~t possible. Autres effets

Le recours aux procedures d'information et de consultation avant l'ex6cution d'une activit~ ou mesure, n'autorise pas pour autant le pays d'origine ~ causer des dommages par pollution transfronti~re en exc~s de ce qui est acceptable en droit international.

8. Consentement pr6alable/Veto L'information et la consultation doivent

respecter la souverainet# et les int6r~ts 16gi- times des pays entre lesquets elias inter- viennent. Elias seraient totalement d~tourn6es de leur objet si elias aboutissaient ~ faire d~pendre du consentement pr~alable* du ou des pays expos6s, la d6cision d'entreprendre une activit~ ou mesure susceptible de cr6er un risque sensible de pollution transfronti~re.

Contrairement ~ ce qui se passe en cas d'ouverture de n6gociations, r6serv6es aux probl~mes graves et difficiles, la consultation n'implique pas une solution mutuellement acceptable. []

*Sur I'absence de "veto", veir le document C(77)28 oQ il est pr6cis6: "il faut rappeler ici que, conform~ment ~ la pratique et & la juris- prudence (affaire du Lac Lanoux), quand ella est pr~ue dans un texte, I'obligation de con- sultation ne constitue pas une obligation d'aboutir & une solution n6goci~e. Ella signi- fie seulement I'interdiction pour un Etat d'en- treprendre unilat6ralement une action sans en avoir fait part ~ I'Etat susceptible d'en etre affect6 (PaYs expos6), afin de recueillir son avis et ses suggestions et de tenter de conciliar leurs int~r~.ts r6ciproques". (Public dans Aspects juridiques de la pollution transfron- ti6re, OCDE, 1977). [ ]

Gazelles in the Tanzanian National Park.

ECA R E C O M M E N D A T I O N S A N D G U I D E L I N E S FOR T H E E C O N O M I C D E V E L O P M E N T OF A F R I C A Recommended by the ECA Conference of Ministers Responsible for Economic Develop- ment at its 6th Meeting Held in Addis Ababa, 9--12 April 1980"

IX. Environment and Development 292. The main recommendations to promote environmentally sound socio-economic devel- opment in the Plan of Action for Africa in the context of the Monrovia Strategy for the 1980-1990 Development Decade are summa- rized below: (a) African Governments must identify prior- ity areas of environmental concern within their countries for concerted effort to combat environmental problems; (b) The Plan of Action at the national levels should incorporate the development of poli- cies, strategies, institutions and programmes for the protection of the environment; (c) Regionalco-operation in tackling environ- mental problems with transboundary effects is recommended and member States must also seek international support, advice and finan- cial resources to implementation on environ- mental assessment and management. 293. The priority areas of environmental con- cern requiring immediate action in Africa are as follows: (a) Environmental sanitation and health and safe drinking water supply. Action is required to utilize urban wastes for the production of biogas to save energy and the conversion of garbage into manure; the combatting of water- borne diseases; the control of water pollution from agricultural and industrial effluents for the provision of safe drinking water and re- moval of contaminants from food and drugs; (b) Deforestation and soil degradation. Pre- ventive action must be taken to convince local farmers to incorporate agrisilvicultural prac- tice in shifting cultivation to ease the pressure on firewood and charcoal production as energy sources; other alternative actions required involve creation of wood lots around urban centres as fuel for cooking, and the use of

*To the first Economic Summit of the As- sembly of Heads of State and Government of the Organization of African Unity, Lagos, Nigeria, 28 and 19 April 1980.

other energy sources such as biogas, solar and wind;

(c) Desertification and drought. Promotion of re-afforestation programmes with native trees and adaptable exotic species as wind breaks, indigenous grasses for soil stabilization, exploitation of underground water for irriga- tion; maintenance of carrying capacity of the arid lands, establishment of meteorological and hydrological monitoring stations, enforce- ment of strict land management; (d) Marine pollution and conservation of marine resources. Pollution control from land- based industrial wastes and oil from shipping; stricter control of fish exploitation in the economic zone by foreign transnationals; (e) Human settlements. Better planning of towns and villages for space allocation of facil- ities, proper ventilation of houses and con- struction of low-cost dwellings using local ma- terials; creation of rural development projects using appropriate technology to ease rural- urban population migration; (f) Mining. Establishment of programmes to rehabilitate mined-out sites by removing earth tailings, filling up ponds to eradicate water-borne diseases and control of toxic heavy metal poisoning in crops grown in certain mined-out soils; (g) Air pollution control Establishment of stations for monitoring air pollutants from factories, automobiles and electrical generators using coal; control of the importation of pol- lutive industries (cement, oil refineries, tan- neries), maintenance of pollution standards for environmental quality, and noise control; (h) Environmental education and training, legislation, and information. Creation of na- tional programmes in environmental educa- tion to develop environmental consciousness in the population; improvement of legislation and law enforcement to protect the environ- ment; and collection and dissemination of environmental data to monitor the state of the environment in Africa. 294. At the national level, the Plan of Action requires Governments to define realistic policy options, strategies and programming for the incorporation of environmental considerations in development planning. For institution building, a national co-ordinating machinery to monitor environmental problems for action, develop environmental education and training programmes and advise on environmental legis- lation, should be set up in each African coun- try. The work of the secretariat can be sup- ported by a national environmental commit- tee to advise Governments on policies, on na- tional standards and norms for environmental quality, on the formulation and implementa- tion of national programmes to combat prior- ity environmental problems and to liaise with international organizations on environmental matters. 295. Regional and subregional co-operation should be strengthened by the establishment of an intergovernmental committee on envi- ronmental matters, supported by its technical group of experts, as a sectoral subsidiary body of the regional commission (ECA). Such a body can examine the regional environment programme order of priorities for action in the region and subregional MULPOCs, and seek financial resources for the implementa- tion of the agreed action plan, especially to combat transboundary environmental prob- lems.

44 Env i ronmenta l Pol icy and Law, 7 (1981)

296. The Action Plan requests member States to co-operate with international organizations dealing with environmental matters and the industrialized countries for technical assistance in tackling prior i ty environmental problems. International co-operation is also required in the provision of educational softwares on the environment, training facilities, scientific equipment to establish environmental moni- toring centres, development of environmental protection legislation and data bank storage/ retrieval o f environmental information for countries within the region. [ ]

ICC REVIS ION OF E N V I R O N M E N T A L G U I D E L I N E S FOR W O R L D INDUS- T R Y Extracts from the revised text of the first draft revised guidelines, Document No, 210-22/2, (ICC*).

II. Guidelines for Industrial Operations 8. In the environmental context as in others, industry being an integral part of the commu- nity, should seek always to operate as a res- ponsible member of that community. There- fore, industry should take all reasonable pre- cautions that its operations and products do not cause damage to man's health, property, amenities and the environment. Should adverse situations arise, every step should be taken to rectify them. 9. Industry should take full account of the special need for better management of non renewable resources, including energy, given the inter-relationship between environmental considerations and resource availability. 10. Industry has its particular environmental responsibilities in terms of such factors as r@source management and long range planning; plant location and facilities design; product and process selection and design; pollut ion and noise controls; occupational health aspects and co-operation with public authori- ties at all levels in support o f good environ- mental quality. 11. In designing new plants and extensions to existing plants, industry should anticipate the environmental consequences of its operations and seek to forestall pol lut ion by applying the most appropriate pollut ion abatement mea- sures, technically proven, economically ac- ceptable and consistent with local require- ments. This includes the possible impact on landscape and the possibility of having to reclaim the site. Such an approach will prove less costly in most cases than restora- t ion and compensation. 12. Industry should seek to minimize the possibilities of pol lut ion by regularly reviewing its production processes and its procedures for handling of materials. To the extent pos- sible, special attention should be given to limiting the use of non renewable resources; maximizing the recycling of wastes and developing new and cleaner technologies. 13. In the design of its installations and in the operation of its processes, industry should pay full attention to the protection of the working environment. Furthermore, industry should provide advice to its customers on con- servation, reuse and recycling, as well as infor- mation on ways of handling, transporting, using and disposing of its products which will avoid foreseeable environmental hazards.

*International Chamber of Commerce, Paris.

Environmental Policy and Law, 7 (1981)

14. Each company should promote among its employees an individual sense of environ- mental responsibility and should educate and encourage employees at all levels to be alert to potential sources of pol lut ion and to con- servation within their operations. 15. industry should support research into the causes and effects of pol lut ion on eco- logical systems and on public health. To this end, it should carry out its appropriate share of environmental research into the means and results of pol lut ion control, and should, whenever feasible, participate in governmental and other programmes for basic and applied research. This research should not only be directed to the abatement of pollution, but also to its prevention, for example to research and development of low-waste technologies. Industry should also promote, whenever feasible, coordination of environmental re-

search on a sectoral basis, nationally and internationally. 16. Industry should develop, through its as- sociation channels and among individual companies the exchange of technical informa- t ion on pollut ion abatement and conserva- t ion methods, subject to commercial confi- dentiality, proprietary rights and patent pro- tection, where applicable. 17. In the absence of and wi thout awaiting for legislation, industry should take indepen- dent action to achieve environmental im- provement within reasonable economic bounds. III. Guidelines for Relationships between Industry and Public Authorities 18. The wide range and complexity of problems raised by environmental protection measures calls for the closest possible contact and consultation between industry and gov- ernment, nationally and internationally, in the search for appropriate solutions, including the legislative framework for achieving the purpose. 19. Industry supports legislation to achieve environmental improvement which takes into account the regenerative capacity of the en- vironment relevant socio-economic factors and local requirements and which is based on a sound appreciation of technological possi- bilities as also on recognition of the limited availability of non-renewable natural resources (eg. fossil energy and minerals). 20. Industry has a responsibility to provide public authorities with information about emissions, effluents, wastes and other nui- sances. 21. No environmental objectives should be set wi thout an adequate scientific basis. In- dustry should, where appropriate, provide public authorities with available scientific information.

22. Environmental legislation/regulations should be so devised as not to distort interna- tional trade relationships and not to create new non tar i f f barriers. Mechanisms should be created for international consultations to deal with any trade distortions associated with environmental measures. In this respect, industry supports the negotiation by govern- ments of international conventions and har- monization of legislation in the environmental field. 23. Environmental measures affecting im- ported products should be applied in ac- cordance with the principle of national treatment (Le. identical treatment for im- ported products and similar domestic pro- ducts) and with the principle of non-discri- mination (Le. identical treatment for im- ported products regardless of their national origin).

24. Any regulatory approach should be based not on the specification of technolo- gies and the composit ion of materials to be used but on the establishment o f environ- mental objectives which permit technological f lexibi l i ty in reaching the desired goal. 25. industry should be given adequate notice of any intended change in environmen- tal policies, objectives or regulations which might affect its operations so that it can adapt to these changes in a reasonable period and at reasonable cost. 26. When siting and designing its installa- tions, industry should be prepared to pro- vide information on steps which it is taking to meet local environmental condit ions and safety requirements. In any public debate on issues such as siting, industry should be given a fair opportuni ty to state its case. No efforts should be spared to reach solutions mutually acceptable to industry and the relevant authorities. 27. industry and public authorities should jo int ly work out contingency plans to deal with pol lut ion emergencies and accidents. To this effect industry should inform the relevant authorities about the hazards of its operations, to enable them to act quickly and properly.

IV. Guidelines for Industry~Society Relation- ships 28. Industry should inform the public at large about the environmental consequences of its operations, products and new develop- ments. 29. Public discussion of environmental prob- lems should be promoted in a balanced and informed manner in order, among other things, to place in proper perspective the comparative significance of industrial and nen-industrial sources of pollution. [ ]

45