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目标 具体目标 文书 条款 / 描述

保护和可持续利用海洋和海洋资源以促进可持续发展

 14.1

到2025年，预防和大幅减少各类海洋污染，特别是陆上活动造成的污染，包括海洋废弃物污染和营养盐污染。

Indicators
14.1.1
(a)沿海富营养化指数;和(b) 塑料碎片密度
 ICESCR
经济、社会和文化权利国际公约
12.1
本公约缔约各国承认人人有权享有能达到的最高的体质和心理健康的标准。
12.2 本公约缔约各国为充分实现这一权利而采取的步骤应包括为达到下列目标所需的步骤：
12.2.b
改善环境卫生和工业卫生的各个方面；
Escazú Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
4.1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
4.2
Each Party shall ensure that the rights recognized in the present Agreement are freely exercised.
4.3
Each Party shall adopt the necessary measures, of a legislative, regulatory, administrative or any other nature, in the framework of its domestic provisions, to guarantee the implementation of the provisions of the present Agreement.
4.6
Each Party shall guarantee an enabling environment for the work of persons, associations, organizations or groups that promote environmental protection, by recognizing and protecting them.
5.2
The exercise of the right of access to environmental information includes:
5.2 The exercise of the right of access to environmental information includes:
5.2.a
requesting and receiving information from competent authorities without mentioning any special interest or explaining the reasons for the request;
5.2 The exercise of the right of access to environmental information includes:
5.2.b
being informed promptly whether the requested information is in possession or not of the competent authority receiving the request;
5.2 The exercise of the right of access to environmental information includes:
5.2.c
being informed of the right to challenge and appeal when information is not delivered, and of the requirements for exercising this right.
5.3
Each Party shall facilitate access to environmental information for persons or groups in vulnerable situations, establishing procedures for the provision of assistance, from the formulation of requests through to the delivery of the information, taking into account their conditions and specificities, for the purpose of promoting access and participation under equal conditions.
5.4
Each Party shall guarantee that the above-mentioned persons or groups in vulnerable situations, including indigenous peoples and ethnic groups, receive assistance in preparing their requests and obtain a response.
6.1
Each Party shall guarantee, to the extent possible within available resources, that the competent authorities generate, collect, publicize and disseminate environmental information relevant to their functions in a systematic, proactive, timely, regular, accessible and comprehensible manner, and periodically update this information and encourage the disaggregation and decentralization of environmental information at the subnational and local levels. Each Party shall strengthen coordination between the different authorities of the State.
6.2
The competent authorities shall endeavour to ensure, to the extent possible, that environmental information is reusable, processable and available in formats that are accessible, and that no restrictions are placed on its reproduction or use, in accordance with domestic legislation.
6.3
Each Party shall have in place one or more up-to-date environmental information systems, which may include, inter alia:
6.3 Each Party shall have in place one or more up-to-date environmental information systems, which may include, inter alia:
6.3.b
reports on the state of the environment;
6.3 Each Party shall have in place one or more up-to-date environmental information systems, which may include, inter alia:
6.3.c
a list of public entities competent in environmental matters and, where possible, their respective areas of operation;
6.3 Each Party shall have in place one or more up-to-date environmental information systems, which may include, inter alia:
6.3.d
a list of polluted areas, by type of pollutant and location;
6.3 Each Party shall have in place one or more up-to-date environmental information systems, which may include, inter alia:
6.3.e
information on the use and conservation of natural resources and ecosystem services;
6.3 Each Party shall have in place one or more up-to-date environmental information systems, which may include, inter alia:
6.3.f
scientific, technical or technological reports, studies and information on environmental matters produced by academic and research institutions, whether public or private, national or foreign;
6.3 Each Party shall have in place one or more up-to-date environmental information systems, which may include, inter alia:
6.3.h
information on environmental impact assessment processes and on other environmental management instruments, where applicable, and environmental licences or permits granted by the public authorities;
6.3 Each Party shall have in place one or more up-to-date environmental information systems, which may include, inter alia:
6.3.i
an estimated list of waste by type and, when possible, by volume, location and year; and
6.3 Each Party shall have in place one or more up-to-date environmental information systems, which may include, inter alia:
6.3.j
information on the imposition of administrative sanctions in environmental matters.
6.4
Each Party shall take steps to establish a pollutant release and transfer register covering air, water, soil and subsoil pollutants, as well as materials and waste in its jurisdiction. This register will be established progressively and updated periodically.
6.5
Each Party shall guarantee that in the case of an imminent threat to public health or the environment, the relevant competent authority shall immediately disclose and disseminate through the most effective means all pertinent information in its possession that could help the public take measures to prevent or limit potential damage. Each Party shall develop and implement an early warning system using available mechanisms.
6.6
In order to facilitate access by persons or groups in vulnerable situations to information that particularly affects them, each Party shall endeavour, where applicable, to ensure that the competent authorities disseminate environmental information in the various languages used in the country, and prepare alternative formats that are comprehensible to those groups, using suitable channels of communication.
6.7
Each Party shall use its best endeavours to publish and disseminate at regular intervals, not exceeding five years, a national report on the state of the environment, which may contain:
6.7 Each Party shall use its best endeavours to publish and disseminate at regular intervals, not exceeding five years, a national report on the state of the environment, which may contain:
6.7.a
information on the state of the environment and natural resources, including quantitative data, where possible;
6.7 Each Party shall use its best endeavours to publish and disseminate at regular intervals, not exceeding five years, a national report on the state of the environment, which may contain:
6.7.z
Such reports shall be drafted in an easily comprehensible manner and accessible to the public in different formats and disseminated through appropriate means, taking into account cultural realities. Each Party may invite the public to make contributions to these reports.
6.8
Each Party shall encourage independent environmental performance reviews that take into account nationally or internationally agreed criteria and guides and common indicators, with a view to evaluating the efficacy, effectiveness and progress of its national environmental policies in fulfilment of their national and international commitments. The reviews shall include participation by the various stakeholders.
6.12
Each Party shall take the necessary measures, through legal or administrative frameworks, among others, to promote access to environmental information in the possession of private entities, in particular information on their operations and the possible risks and effects on human health and the environment.
7.2
Each Party shall guarantee mechanisms for the participation of the public in decision-making processes, revisions, re-examinations or updates with respect to projects and activities, and in other processes for granting environmental permits that have or may have a significant impact on the environment, including when they may affect health.
7.3
Each Party shall promote the participation of the public in decision-making processes, revisions, re-examinations or updates other than those referred to in paragraph 2 of the present article with respect to environmental matters of public interest, such as land-use planning, policies, strategies, plans, programmes, rules and regulations, which have or may have a significant impact on the environment.
7.4
Each Party shall adopt measures to ensure that the public can participate in the decision-making process from the early stages, so that due consideration can be given to the observations of the public, thus contributing to the process. To that effect, each Party shall provide the public with the necessary information in a clear, timely and comprehensive manner, to give effect to its right to participate in the decision-making process.
7.5
The public participation procedure will provide for reasonable timeframes that allow sufficient time to inform the public and for its effective participation.
7.7
The public’s right to participate in environmental decision-making processes shall include the opportunity to present observations through appropriate means available, according to the circumstances of the process. Before adopting the decision, the relevant public authority shall give due consideration to the outcome of the participation process.
7.9
The dissemination of the decisions resulting from environmental impact assessments and other environmental decision-making processes in which the public has participated shall be carried out through appropriate means, which may include written, electronic or oral means and customary methods, in an effective and prompt manner. The information disseminated shall include the established procedure to allow the public to take the relevant administrative and judicial actions.
7.12
Each Party shall promote, where appropriate and in accordance with domestic legislation, public participation in international forums and negotiations on environmental matters or with an environmental impact, in accordance with the procedural rules on participation of each forum. The participation of the public at the national level on matters of international environmental forums shall also be promoted, where appropriate.
7.17
With respect to the environmental decision-making processes referred to in paragraph 2 of the present article, as a minimum, the following information shall be made public:
7.17 With respect to the environmental decision-making processes referred to in paragraph 2 of the present article, as a minimum, the following information shall be made public:
7.17.a
a description of the area of influence and physical and technical characteristics of the proposed project or activity;
7.17 With respect to the environmental decision-making processes referred to in paragraph 2 of the present article, as a minimum, the following information shall be made public:
7.17.b
a description of the main environmental impacts of the project or activity and, as appropriate, the cumulative environmental impact;
7.17 With respect to the environmental decision-making processes referred to in paragraph 2 of the present article, as a minimum, the following information shall be made public:
7.17.c
a description of the measures foreseen with respect to those impacts;
7.17 With respect to the environmental decision-making processes referred to in paragraph 2 of the present article, as a minimum, the following information shall be made public:
7.17.d
a summary of (a), (b) and (c) of the present paragraph in comprehensible, non-technical language;
7.17 With respect to the environmental decision-making processes referred to in paragraph 2 of the present article, as a minimum, the following information shall be made public:
7.17.e
the public reports and opinions of the involved entities addressed to the public authority related to the project or activity under consideration;
7.17 With respect to the environmental decision-making processes referred to in paragraph 2 of the present article, as a minimum, the following information shall be made public:
7.17.f
a description of the available technologies to be used and alternative locations for executing the project or activity subject to assessment, when the information is available; and
7.17 With respect to the environmental decision-making processes referred to in paragraph 2 of the present article, as a minimum, the following information shall be made public:
7.17.g
actions taken to monitor the implementation and results of environmental impact assessment measures.
7.17 With respect to the environmental decision-making processes referred to in paragraph 2 of the present article, as a minimum, the following information shall be made public:
7.17.z
The aforementioned information shall be made available free of charge to the public in accordance with paragraph 17 of article 5 of the present Agreement.
9.1
Each Party shall guarantee a safe and enabling environment for persons, groups and organizations that promote and defend human rights in environmental matters, so that they are able to act free from threat, restriction and insecurity
13
Each Party, to the extent of its ability and in accordance with its national priorities, commits to provide the resources for national activities that are needed to fulfil the obligations derived from the present Agreement.
ADRDM
American Declaration on the Rights and Duties of Man
XI
Every person has the right to the preservation of his health through sanitary and social measures relating to food, clothing, housing and medical care, to the extent permitted by public and community resources
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador)
11.1
Everyone shall have the right to live in a healthy environment and to have access to basic public services.
11.2
The States Parties shall promote the protection, preservation, and improvement of the environment.
ACHPR
African Charter on Human and Peoples' Rights
16.1
Every individual shall have the right to enjoy the best attainable state of physical and mental health.
16.2
States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.
24
All peoples shall have the right to a general satisfactory environment favourable to their development.
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
18.1
Women shall have the right to live in a healthy and sustainable environment.
18.2
States Parties shall take all appropriate measures to:
18.2.a
ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
CBD
Convention on Biological Diversity
3
States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
6
Each Contracting Party shall, in accordance with its particular conditions and capabilities:
6 Each Contracting Party shall, in accordance with its particular conditions and capabilities:
6.a
Develop national strategies, plans or programmes for the conservation and sustainable use of biological diversity or adapt for this purpose existing strategies, plans or programmes which shall reflect, inter alia, the measures set out in this Convention relevant to the Contracting Party concerned;
6 Each Contracting Party shall, in accordance with its particular conditions and capabilities:
6.b
Integrate, as far as possible and as appropriate, the conservation and sustainable use of biological diversity into relevant sectoral or cross-sectoral plans, programmes and policies.
10
Each Contracting Party shall, as far as possible and as appropriate:
10.a
Integrate consideration of the conservation and sustainable use of biological resources into national decision-making;
10.b
Adopt measures relating to the use of biological resources to avoid or minimize adverse impacts on biological diversity;
10 Each Contracting Party shall, as far as possible and as appropriate:
10.c
Protect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements;
10 Each Contracting Party shall, as far as possible and as appropriate:
10.d
Support local populations to develop and implement remedial action in degraded areas where biological diversity has been reduced;
10.e
Encourage cooperation between its governmental authorities and its private sector in developing methods for sustainable use of biological resources.
14.1.e
Promote national arrangements for emergency responses to activities or events, whether caused naturally or otherwise, which present a grave and imminent danger to biological diversity and encourage international cooperation to supplement such national efforts and, where appropriate and agreed by the States or regional economic Integration organizations concerned, to establish joint contingency plans;
UNCLOS
联合国海洋法公约
193
各国有依据其环境政策和按照其保护和保全海洋环境的职责开发其自然资源的主权权利。
194.1
各国应适当情形下个别或联合地采取一切符合本公约的必要措施,防止、减少和控制任何来源的海洋环境污染,为此目的,按照其能力使用其所掌握的最切实可行方法,并应在这方面尽力协调它们的政策。
196.1
各国应采取一切必要措施以防止、减少和控制由于在其管辖或控制下使用技术而造成的海洋环境污染,或由于故意或偶然在海洋环境某一特定部分引进外来的或新物种致使海洋环境可能发生重大和有害的变化。
207.1
各国应制定法律和规章,以防止、减少和控制陆地来源,包括河流、河口湾、管道和排水口结构对海洋环境的污染,同时考虑到国际上议定的规则、标准和建议的办法及程序。
207.2
各国应采取其他可能必要的措施,以防止、减少和控制这种污染。
207.3
各国应尽力在适当的区域一级协调其在这方面的政策。
207.4
各国特别应通过主管国际组织或外交会议采取行动,尽力制订全球性和区域性规则、标准和建议的办法及程序,以防止、减少和控制这种污染,同时考虑到区域的特点,发展中国家的经济能力及共经济发展的需要。这种规则、标准和建议的办法及程序应根据需要随时重新审查。
207.5
第 1、第 2 和第 4 款提及的法律、规章、措施、规则、标准和建议的办法及程序,应包括旨在在最大可能范围内尽量减少有毒、有害或有碍健康的物质,特别是持久不变的物质,排放在海洋环境的各种规定。
208.1
沿海国应制定法律和规章,以防止、减少和控制来自受其管辖的海底活动或与此种活动有关的对海洋环境的污染以有来自依据第六十和第八十条在其管辖下的人工岛屿、设施和结构对海洋环境的污染。
208.2
各国应采取其他可能必要的措施,以防止、减少和控制这种污染。
208.3
这种法律、规章和措施的效力应不低于国际规则、标准和建议的办法及程序。
208.4
各国应尽力在适当的区域一级协调其在这方面的政策。
208.5
各国特别应通过主管国际组织或外交会议采取行动,制订全球性和区域性规则、标准和建议的办法及程序,以防止、减省控制第 1 款所指的海洋环境污染。这种规则、标准和建议的办法及程序应根据需要随时重新审查。
209.2
在本节有关规定的限制下,各国应制定法律和规章,以防止、减少和控制由悬挂其旗帜或在其国内登记或在其权力下经营的船只、设施、结构和其他装置所进行的“区域”内活动造成对海洋环境的污染。这种法律和规章的要求的效力应不低于第 1 款所指的国际规则、规章和程序。
210.1
各国应制定法律和规章,以防止、减少的控制倾倒对海洋环境的污染。
210.2
各国应采取其他可能必要的措施,以防止、减少和控制这种污染。
210.3
这种法律、规章和措施应确保非经各国主管当局准许,不进行倾倒。
210.4
各国特别应通过主管国际组织或外交会议采取行动,尽力制订全球性和区域性规则、标准和建议的办法及程序,以防止减少的控制这种污染。这种规则、标准和建议的办法及程序应根据需要随时重新审查。
210.5
非经沿海国事前明示核准,不应在领海和专属经济区内或在大陆架上进行倾倒,沿海国经与由于地理处理可能受倾倒不利影响的其他国家适当审议此事后,有权准许、规定和控制的这种倾倒。
210.6
国内法律、规章和措施在防止、减少和控制这种污染方面的效力应不低于全球性规则和标准。
211.1
各国应通过主管国际组织或一般外交会议采取行动,制订国际规则和标准,以防止、减少和控制船只对海洋环境的污染,并于适当情形下以同样方式促进对划定制度的采用,以期尽量减少可能对海洋环境,包括地海岸造成污染和对沿海国的有关利益可能造成污染损害的意外事件的威胁。这种规则和标准应根据需要随时以同样方式重新审查。
211.2
各国应制定法律和规章,以防止、减少和控制悬挂其旗帜或在其国内登记的船只对海洋环境的污染。这种法律和规章至少应具有与通过主管国际组织或一般外交会议制订的一般接受的国际规则和标准相同的效力。
211.3
各国如制订关于防止、减少和控制海洋环境污染的特别规定作为外国船只进入其港口或内水或在其岸外设施停靠的条件,应将这种规定妥为公布,并通知主管国际组织。如两个或两个以上的沿海国制订相同的规定以求协调政策,在通知时应说明哪些国家参加这种合作安排。每个国家应规定悬挂其旗帜或在其国内登记的船只的船长在参加这种合作安排的国家的领海内航行时,经该国要求应向其提送通知是否正驶往参加这种合作安排的同一区域的国家,如系驶往这种国家,应说明是否遵守该国关于进入港口的规定。本条不妨害船只继续行使其无害通过权,也不妨害第二十五条第 2 款的适用。
211.4
沿海国在其领海内行使主权,可制定法律和规章,以防止、减少的控制外国船只,包括行使无害通过权的船只对海洋的污染。按照第二部分第三节的规定,这种法律和规章不应阻碍外国船只的无害通过。
211.5
沿海国为第六节所规定的执行的目的,可对其专属经济区制定法律和规章,以防止、减少和控制来自船只的污染。这种法律和规章应符合通过主管国际组织或一般外交会议制订的一般接受的国际规则和标准,并使其有效。
212.1
各国为防止、减少和控制来自大气层或通过大气层的海洋环境污染,应制定适用于在其主权下的上空和悬挂其旗帜的船只或在其国内登记的船只或飞机的法律和规章,同时考虑到国际上议定的规则、标准和建议的办法及程序,以及航空的安全。
212.2
各国应采取其他可能必要的措施,以防止、减少和控制这种污染。
212.3
各国特别应通过主管国际组织或外交会议采取行动,尽力制订全球性和区域性规则、标准和建议的办法及程序,以防止、减少和控制这种污染。
214
各国为防止、减少和控制来自受其管辖的海底活动或与此种活动有关的对海洋环境的污染以及来自依据第六十和第八十条在其管辖下的人工岛屿、设施和结构对海洋环境的污染,应执行其按照第二○八条制定的法律和规章,并应制定必要的法律和规章和采取其他必要措施,以实施通过主管国际组织或外交会议制订的可适用的国际规则和标准。