400 CHAPTER ElEvEn ■ TransnaTional issues
even necessary to value the future quality of the earth’s air, water, and land. Both per-
spectives underline the most fundamental prob lem facing those committed to slowing
and ultimately reversing damage to the global ecosystem: because the costs of harm to
the environment are diffused across both space and time, and the benefits of pollution
and unsustainable resource consumption are concentrated, each individual state, cor-
poration, or person has a strong incentive to enjoy a “ free ride” and hope others will
bear the costs of restraint. A pernicious logic takes root: if we do not poach the ele-
phants, someone else will. If we install pollution controls, our competitors who did
not will achieve a competitive edge. Furthermore, free- riding and cheating are very
difficult to detect and monitor; worse still, the effects of cheating may last for years,
even after it has been detected and halted.
But, as in the example of the grazing commons, real- world evidence of harm has
forced today’s “farmers” to acknowledge an interest in acting to slow or halt further
damage to our shared air, water, and land resources. The influence of this evidence is
why princi ples and norms concerning the environment have evolved considerably in
customary international law in the past few de cades. One core princi ple is the no sig-
nificant harm princi ple, meaning a state cannot initiate policies that cause significant
environmental damages to another state. Another is the good neighbor princi ple of coop-
eration. Beyond these are soft- law princi ples, often expressed in conferences, declara-
tions, or resolutions, which, although currently nonbinding, often informally describe
acceptable norms of be hav ior. These include the polluter pays princi ple, the precaution-
ary princi ple (action should be taken based on scientific warning before irreversible
harm occurs), and the preventive action princi ple (states should take action in their own
jurisdictions). New emerging princi ples include sustainable development and intergen-
erational equity, both linking economics and the environment to future generations.
The level of attention accorded to the environment is reflected in the international
treaties and agreements that have been ratified on a host of diff er ent issues. These
include the protection of natu ral resources, such as endangered species of wild fauna and
flora, tropical timber, natu ral waterways and lakes, migratory species of wild animals,
and biological diversity in general, as well as protection against polluting in marine
environments, on land, and in the air. Each of these treaties sets standards for state
be hav ior, and some provide monitoring mechanisms. In so doing, they are very contro-
versial because they affect core po liti cal, economic, and human rights interests, and
because, ultimately, individual states must guarantee them, even in circumstances where
abiding by the treaty means a short- term cost or missed opportunity.
By studying three key environmental topics— pollution and climate change, natu-
ral resources, and population—we can see how interests in economic development,
promoting human rights, and protecting the environment often conflict. Although
each topic may be treated separately, and often is, they are all integrally related, and
each has transnational implications.