(introductory text...)

Edward Ploman

I. Introduction: antecedents

Global learning represents one response to what appears as a crucial feature of the situation that faces humanity today and that can be summed up as global change. Admittedly, global change is applied specifically to the changing global environment, but it also refers to interlinked changes in the world's situation, for example: unprecedented new demographic configurations, reversals of geo-political and strategic patterns, continuing disorder of the international economy, changes in the nature of technology, and in religious and sociocultural attitudes. Change is sweeping through all areas of human life. As never before, all regions are being affected simultaneously, and human activities have had long-range and potentially irreversible effects from these sweeping changes.

The expression "global learning" may be of recent origin, but in substance the concept draws upon both proven and emerging ideas and practices, in diverse disciplines and cultures. There are precursors to global learning, discernible strands of influence in this evolving web of ideas and practices. One such strand reflects reactions to current crises of education everywhere. Thus, it is increasingly recognized that conventional systems of education can no longer absorb or disseminate the range of knowledge generated, in the usual educational time span. Nor can conventional systems respond to the de mends for equitable, timely, and widespread access to knowledge and information or to the learning needs caused by the rapid outdating of knowledge. New modes for learning and knowledge-sharing, using all available services and techniques, are therefore required at all levels of society.

Another strand of influence draws upon the recognition of learning as a more basic, more inclusive - and to some, more exciting - intellectual discipline than education or training; it even has its own learned name: the science of mathematics. This perspective has provided a new focus on social, political, and cultural implications of learning, as well as on the socio-cultural embodiment of learning.

Certain aspects of these emerging attitudes were granted official expression in the well-known Unesco report on the future of education that was given the revealing title "Learning to Be."¹ It is significant that this report inter alia endorsed the idea of education/ learning as a lifelong, permanent process.

In a later development, a report to the Club of Rome entitled "No Limits to Learning" focused on innovative and integrated learning techniques.² Set against the background of the "world problematic as a human challenge," this approach to learning is based on two key concepts. Participatory learning creates solidarity in space. The aim is to foster participation in the learning and information-sharing processes from people of all ages and at all social levels. Anticipatory learning is seen as promoting solidarity in time by anticipating and having the capacity to face new, often unprecedented situations and to create new alternatives where few or none existed. The report also mentions the concept of "societal learning" and warns that the link to individual learning is not well established.

The importance of these new approaches can best be seen against the backdrop of traditional concepts. Traditionally, at least in the West, learning was conceived in narrow, anthropocentric terms as being a characteristic capacity of (1) the human species in contrast to animals and other "lower" life forms; and (2) human individuals. New scientific and cultural approaches have gone beyond these facile and self-serving assumptions. Not only has learning proved to be an inherent characteristic of animal behaviour, but it also provides such concepts as information transfer and learning that are, in advanced scientific theory, applied generally to open systems, ranging from cells to computers. From this perspective, learning emerges in what appears to be a striking feature of evolutionary history. The operation of phylogenesis created improvements in organic adaptability to the point where learning organisms could be generated. Biological organisms function as learning systems and biological evolution serves as a stochastic learning process. In the human species, the learning process has reached another level at which learning largely becomes socialized; therefore, it is no longer a purely stochastic process, but it is also a conscious and goal-oriented process. In this socialized process, learning takes place both at the individual's level and at the level of groups and other social entities. Thus, social learning subsumes both individual socialized learning and social system learning. Social learning is obviously directed towards self-maintenance of the individual and the group. Both foci frequently encounter situations in which predetermined forms of adaptation are inadequate and they then display a unique component of social learning, behaviourally directed at changing behaviour.

Given this perspective, anthropology has always been concerned with a wide approach to learning: since all culture is learned, it must therefore have a learning dimension and can be conceived of as a learning process. The link to cultural and socio-economic development becomes clearer as the goal of development changes attitudes and behaviour. Consequently, development can be fruitfully approached as a learning process. There has, in development thinking, been a change of focus towards a recognition that learning is a fundamental process whereby individuals, as well as groups, institutions, and societies, do - or do not do, whichever the case may be. The Indonesian development thinker Soedjatmoko has analysed the entire development process as primarily a learning process.³

This approach to social learning is not an isolated or unique phenomenon. Recent developments in other fields are moving towards similar approaches; even though the terminology and emphasis vary, the approach is essentially the same. Examples include paradigms and approaches in science, history,⁴ philosophy (process philosophy and evolutionary epistemology), general systems theory,⁵ decision and organization theory, sociology, management studies, and cognitive sciences.⁶

The global learning perspective is also related to recent emerging scientific paradigms that in different disciplines concern themselves with the nature and behaviour of complex systems, whether natural, social, or even man-made "artefacts" (e.g. chaos studies). A recurring theme in these new approaches emphasizes the emergence of self-organization, auto-poesies, and autonomy as characteristics of complex systems. All of them are processes that include learning system behaviour and self-generation of meaning.

This approach to learning is holistic and global in that it emphasizes the need for an all-inclusive process. This approach is one dimension of the multidimensional concept known as "global." In addition to the linkage of global to the learning process, global also refers to the world, to the total natural and social environment. Global thus goes beyond traditional concepts such as international, which, strictly speaking, denotes no more than relations between nations, and is generally confined to nation-states. Global as used here comes closer to a worldwide or planetary focus.

As implied in the expression itself, the focus of global learning is on global issues and how they affect all societies and all levels within society. The state of the world is such that lists of global issues are legion and also contradictory in their explanations and solutions - if and when any are proposed. The UNU Charter serves as a good starting point: it speaks of "pressing global problems of human survival, development, and welfare."⁷

The urgency of global learning is caused not only by the obvious dangers to these three basic goals but also by the emerging sense that the world today is facing not only difficult rearrangements of political, economic, and ecological priorities, but also a full-scale civilization change. The challenge to learning is thus the challenge of learning how to cope with a rapidly changing set of circumstances that touches every facet of society.

Pressing global problems also demonstrate the need for global learning. As the search for a common ground and a common under standing in a situation of increasing interdependence becomes crucial, the increasing complexity and dangerous paradox of simultaneous cognitive homogenization and fragmentation intensifies. In all countries, the tendency is to tackle each problem in isolation. Analysis of the issues tends to be one-dimensional in spite of the fact that, global issues, by their very nature, are multidimensional and interwoven. The development of the required global-learning strategies therefore faces another and more complicated challenge: that of adopting both a horizontal and vertical approach. The horizontal approach means integrating knowledge across disciplines, ideologies, and cultures, and uniting scientific, professional, and exponential knowledge. The vertical approach requires cutting through and integrating problems at various levels, for example, at the local, national, regional, international, and planetary levels. How, for instance, should we, given this perspective, make local, indigenous views and values compatible with global outlooks and universal values? The well-known admonition, think globally, act locally, is not enough. Thinking, as well as acting, will have to encompass all relevant levels.

II. Approaches to global learning

1. Assumptions about global learning

The introduction has already pointed to a number of assumptions about global learning. In this section, selected assumptions that can contribute to clarifying the characteristics of global learning will be discussed.

A.

In relation to traditional concepts such as education and training, learning is both wider and deeper than ever before, while still providing access to both sets of experience, in addition to many others.

Global learning goes beyond traditional conceived limits. It extends over time, to outer space, and outside of the traditional context. Over time, global learning has not been linked to a specific period in the life of an individual, institution, or society. Learning is a continuous and permanent activity. The idea of anticipatory learning carries an important time element that is focused on the future. Nevertheless, it should be complemented by learning derived from the past, by drawing lessons from past successes and failures. The wealth of a traditional knowledge - be it in medicine, environmentally adapted and energy-conserving architecture, or methods of conflict resolution - it is still like the wealth of genetic diversity that exists in our environment. Both form a part of our common heritage and both are necessary in the search for valid solutions to current problems and for keeping options open for future generations. In addition, global learning has to be set in the context of different time frames. Government and television are characterized by short time spans; economic cycles and libraries represent larger ones: while environmental and ecological time spans stretch over generations, even centuries and millenia.

With regard to outer space, global learning implies a world or planetary perspective beyond the merely international paradigm. The perspective from outer space is relevant in that the concept of the spaceship Earth, which combines the image of the planet Earth as "one world" with the recognition of the need for planetary management, extends beyond this planet to include all that humankind affects. Since the framework is planetary, the focus is on issues that are global in the sense that they affect all peoples, and communities, also life-forms on this planet, and, ultimately, the life-supporting capacity of this planet.

Thus, global learning implies a holistic approach to learning. The total, natural, and social environment provides both the context and content of global learning. Learning is mediated through the natural and man-made shaping of the world, by way of all socio-cultural processes and products. For example, languages, tools, cities, individual values, human relations, rites ceremonies, art, war, customs, and laws, all create images of the world and impart their positive and/or negative effects.

Seen in more structured terms, major systems that make up the social environment, for example, religion, the economy, government, the military, and the mass media, serve in addition to their overt primary function also as learning systems. In the present context, the function of law as a learning system is crucial. Generally, law is not discussed in these terms; a traditional manner of approaching this issue is through analysis of the use of law to bring about social change. In fact, however,

law is used as an educator.... The success of law depends on the ability of law-making and the law-enforcing agencies to convince the people that the behavior legislated for is right and proper. The more such active laws are dependent upon the sense of obligation and the less they are dependent upon the need for sanctions, the more successful the laws are.⁸

B.

The intellectual and conceptual context for global learning does not depend solely on current pressing issues. The realities of the sudden global economic, demographic, and ecological interdependence represent a new crucial challenge to human development, welfare, and even survival. Global learning must therefore draw upon the most advanced and progressive thinking available.

The most striking feature of the scientific-intellectual context of global learning is the reaction against the traditional models in Western-dominated thinking and the consequent change in the intellectual climate. There is first the emergence of new scientific paradigms, even of a new scientific rationality, or, in the words of Nobel Laureate Ilya Prigogine, "the opening up of a new theoretical space."⁹ The new scientific rationality that emerges in a number of disciplines goes beyond the traditional Western linear, deterministic, and, finally, reductionist model of reality. In various disciplines, recent inquiries into the nature and behaviour of complex systems and processes, natural and social, refuse deterministic, static reductionism, and incorporate into scientific models of reality concepts such as randomness, openness, and non-linear and stochastic processes, thus giving surprise, risk, discovery, and creativity new significance and meaning. This evolving new scientific rationality represents in itself a challenge to global learning. In addition, in the cognitive sciences there are emerging new theories about knowledge and learning in self-organizing, auto-poietic systems and theories that go beyond the Western tradition of "understanding as a mirror image of nature" in favour of creative cognition, a concept of cognition as an effective action toward global learning.¹⁰ This approach does not only reaffirm emphasis on the context but also provides guidelines for the development of conceptual tools required to advance the self-understanding of organizations as complex learning systems.

Whatever else, global learning would imply sensitivity to the different ways in which societies have organized and managed learning, stretching from the intensely personal guru-disciple relationship to the extensively impersonal flow of the mass media.

C.

As any other knowledge activity, global learning is embedded in the complex, rapidly changing, and barely understood context that has been described as the advent of an information-oriented society, of a new dominant economic focus known as the service economy or the technocratic, computerized knowledge society. Whatever expressions are used, they point to a change in the nature of dominant technologies. The new electronically-based technologies differ from traditional industrial technology primarily in that they no longer construct brutal configurations of matter and physical energy but directly draw upon scientific findings. They represent technologies of organization and information. These technologies, including telecommunications, computers, informatics, and audio-visual systems, have rapidly pervaded modern society as a basic infrastructure in manufacturing and services, in public and private administration, in scientific work, and in entertainment. The forms and modes for the generation, processing, presentation, and distribution of information are multiplying, changing, and converging. They affect patterns of perceiving and coding information. Through the new communications and informations systems we are changing both our way of learning and our knowledge of the world.

Thus, global learning has to be set in this new context, not only theoretically, but also practically. It has to be capable of reaching audiences that are, at the same time, increasingly fragmented and increasingly homogeneous. All media and methods must be within reach of global learning. There must also be an appreciation of their strengths, their weaknesses, and their positive and negative effects as they are deployed.

2. Values of global learning

Assumptions about global learning lead directly to questions of values in a double sense: first, the values and ethical judgements that seem implied in or linked to the concept of global learning, and second, the related question of whether global learning is itself a normative concept.

A global approach, as formulated in the UNU Charter,¹¹ in terms of human survival, development, and welfare, obviously expresses a set of positive values. Thus, what we should be concerned with is a search for an "ethics of human survival," for ethical systems "that are relevant to the crowded, confused, hungry, rapidly-changing, and interdependent world we live in."¹²

The state of the world makes it obvious that we have not yet managed to evolve into a global morality. There is an obvious requirement not to accept poverty and violence as solutions to problems. There is the ethically more difficult question of how to provide a balance between the specific and the universal, or between competing claims and exclusive universal competence (as is clearly shown by the Salman Rushdie case). Should mutual tolerance then be one of the goals as well as one of the outer limits of global learning?

There are additional moral dimensions to global problems and global learning. The time dimension is one concern. Never before have the consequences of human action - or inaction - presented such a heavy weight on future generations and societies. Thus, our responsibility is not only to present but also to future generations. Another moral concern is that of responsibility in spatial terms: decisions reached on one side of the globe very quickly affect, for good or for evil, populations on the other side. Thus, these extended dimensions in space and time carry their own moral imperatives.

The concept of global learning also carries with it ethical imperatives. From an evolutionary perspective, it seems to be an accepted idea that survival and other basic drives towards self-organization are better served by adaptability than by adaptation; that is, by a highly developed learning capacity. The biologically acquired learning faculty, which has developed into the process called social learning, concerns itself not only with maintenance, but also with growth and development.

It can be hypothesized that, in the long run, it is not enough for social systems to amplify man's behavioral capacity. They must take as their proper role the amplification of the individual himself. The higher order goal that is consistent with, and fundamental to, the evolutionary process is the creation of meaning, which provides the framework for the development of human potential.¹³

It must, however, not be overlooked that learning can be "negative" as well as "positive." There are many kinds of negative learning - whether by individuals, groups, institutions, or societies. Examples of past and present negative learning abound. The need for unlearning old behaviour patterns is obvious if we are to ensure both survival and welfare, not only for some members of the human race but for all, and not only for humans, but also for other life-forms with which we share this planet.

3. Global learning: Purposes, intentions, goals

Some of the values linked to global learning do in fact also act as intentions, purposes of global learning. In its most succinct form, the goal of global learning is to facilitate learning about global processes and global issues, learning to understand them, and how to act accordingly. In this perspective, global learning appears as both an individual and societal response to current global issues.

This, though, remains too general. To achieve its overriding goal, global learning would imply enhancement of the capacity for innovation, improvisation, and creativity; preparation to deal with change, risk, complexity, and interdependence, including economic, demographic, and ecological interdependence. This would in most cases imply an upsetting and difficult process of relearning, and even unlearning, reductionist but apparently secure simplicity as a way of avoiding reality's complexity. An example is the need for the rich North to un-learn its refusal to do anything decisive about poverty, hunger, and deprivation in the South within the framework of what the OECD calls the "two-track world economy" and begin to accept and address global interdependence.¹⁴

Good intentions, although elevated, are obviously not enough. Global learning can also be approached by analysing the failure of global learning, in particular the failure of learning how to manage global issues. From this perspective, global learning will have to be set against not only expectations, but also declared intentions and attendant action, or lack thereof.

It is a basic fact that, all stated intentions to the contrary, we have not learned, either because we have not been able to or have not wanted to learn how to deal with international poverty. This fact is most intolerably demonstrated in the African crisis. Nor have we learned how to humanely manage a world economy except by the rich cynically accepting a two-track economy, within and between countries. We have not learned how to base economic growth on the safeguard of environmental and social continuity.

And in what capacity have we learned to cope with the situation facing us at the end of this century, with another two billion people crowded into a shrinking global village already beset by social erosion, violence, hunger, poverty, environmental deterioration, ungovernable mega-cities, and threats to our survival not only from earth but also from space?¹⁵

These failures point to global learning needs. Admittedly, there is a need to learn how to cope with specific issues in their specific contexts. Moreover, there is a need, at a more general level, to learn how to understand and manage complex, interlocking systems and processes that are open to change and thus marked by instability, risk, and unpredictability - and freedom. We need to learn how to manage situations in which facts are often uncertain, opinions divided, values in dispute, decisions urgent, and where action - or inaction - might result in long-term or even irreversible effects.

Approaches to knowledge and learning now vary not only between disciplines and in time but also by and within cultures. There is a growing recognition of the interaction between the questions produced by a culture and the range of solutions that can be offered in that culture. This new openness, the still modest but promising renunciation of claims for a particular rationality, provide an opening; specifically, the recognition that learning how to cope with global issues cannot be sought in any single language, rationality, or culture. A single-culture approach will not be adequate for solving global issues, just as a single-issue or single-discipline approach would be insufficient. We need to learn how to accept and use multiple perceptions and polyvalent perspectives. Different rationalities and cultures are valuable resources in the search for solutions or for methods of coping with global issues. There is thus a need to go beyond the traditional Western "either-or" to encompass the kind of "both-and" that is so strongly expressed in the yin-yang symbolism.

This approach is also valid for the future development of international law. Since international environmental law, as a tool to cope with global change, will require not only adherence but also under standing and implementation in all countries and cultures, there is a need to broaden the philosophical and conceptual bases of international law. Major legal systems of the world should be seen as resources for this development since none of the existing systems by themselves will be capable of achieving the required results. For example, there is a need to find a means of overcoming the profound differences between legal systems focused on the adversary trial system and those that have developed otherwise sophisticated methods for resolving conflicts, which include many traditional legal systems such as the "Confucian-based" legal systems common in China, Korea, and Japan. It has equally been noted that both common law and civil law express an exploitative and reductionist attitude toward nature and the environment. In contrast, other systems such as African customary law generally draw upon the opposite approach.

III. Global learning: facilitation and obstacles

Essential for global learning is the impact in different situations and different cultures of factors such as permission to learn, encouragement to learn, direction and mode of learning, preventing or forbidding certain learning, and learning outcomes. Relevant questions include: who is learning what, under what conditions, towards what objectives, and at what and whose expense?

We have already mentioned some of the current learning needs, with explicit and implicit reference to the societal requirement to facilitate such learning in support of inter alia environmental policies and practices designed to introduce adoptive and preventive measures in response to global change. This perspective opens a series of difficult and controversial questions.

It would go beyond the scope of these reflections even to attempt a comprehensive analysis. The selection has therefore focused on certain issues that have a clear legal dimension, nationally and internationally, and that require consideration from a different perspective than has been used in the past.

1. New media

Given this perspective, a set of socio-cultural activities becomes crucial: those that concern themselves with the means, methods, and modes of handling, generating, processing, storing, transferring, accessing, and disseminating information. While there exists a certain societal competence in dealing with traditional media such as the written and printed word, and traditional performance of dramatic or musical works, confusion abounds about how to deal with new media such as television, video, high-speed data systems, and new technologies such as microwave, cable, satellites, and computers - which tend toward technical convergence of different forms of expression and transmission. Proof of the current confusion is the constant change of national legislation everywhere, which often appears to be a desperate attempt to catch up with technical novelties and cultural changes. The result, at both the national and international levels, is legislation that risks being "incompetent, inconsistent, incompatible, and inefficient."¹⁷ The competition between political, economic, and cultural considerations largely remains unsolved. An example, in light of the recognized need for changing practices that satisfy environmental requirements, is that the required learning or relearning at all levels of society makes it necessary to use all available means for getting the information, training, and learning required. A basic question is: can society afford not to use a medium like television for this purpose? There are splendid but isolated examples of the use of television for global learning, ranging from documentaries on global issues to Live Band Aid as a showing of global solidarity. With the trend of reducing television to no more than a commodity-producing industry, there are urgent questions about the emphasis in much of the television programming, and on the behaviour patterns that go directly against the need for new conduct, particularly with respect to such global issues as environmental protection, energy conservation, and developmental needs. The question, therefore, is whether society can avoid grappling with the problem of priorities between claims for the "free flow" of entertainment and advertising, and environmental requirements.

2. The "public" and the "private"

In recent years, confusing changes have occurred in the conception and practice of what properly belongs to the public sphere and what belongs to the private sphere, thus changing the relationships between the public and the private domains. Activities that traditionally were assigned to the private sphere have become issues in the public domain. Striking examples include reproductive behaviour and associated family and personal relationships. These have traditionally been anchored in the private sphere. A series of profound and simultaneous socio-economic and cultural changes have catapulted the processes of biological reproduction into the public sphere. A similar development has taken place with respect to economic and social behaviour, thereby having major environmental effects. The need for increasing environmental legislation is proof that certain activities, previously managed in the private sphere through decision by individuals and enterprises, can no longer be left to private initiative except under public scrutiny and accountability.

There has also been a movement in the opposite direction for which the expression "privatization" is often used as a shorthand to indicate a range of phenomena, including denationalization, deregulation, commercialization, and commodification. The current trend of privatization based on ideology or economic pragmatism has, in theory and practice, also hit areas of immediate concern to global-learning ventures. A basic issue would be: what are the effects either facilitating or hindering the movement of technology and information? How do they access both the public sphere and the private sphere?

It is clear that global learning requires wide and open means and access to information and knowledge. While there has always existed an unresolved tension between the "free flow of information" and intellectual-property rights, the situation has changed radically under the influence of both new technologies and wide claims for different kinds of proprietary rights. Thus, difficult issues have arisen in the scientific field that have succinctly been described in the title of a recent book, Science as a Commodity: Threats to the Open Community of Scholars.¹⁸ Thus, in the context of global learning, there is a need to consider questions such as: will an increase in the private funding of research lead to a decrease in the volume and type of knowledge that reaches scientists, policy makers, and the public? If indeed whole sectors of education and training are to be removed from the public domain into private operation, how will intellectual exchanges and academic development take place?¹⁹ Another similar trend that has not been given sufficient attention is the increasing commercialization of publicly-produced information, paid for by public means. that was previously made available on an open and non-discriminatory basis.

These trends must be set in the context of controlling information and knowledge; it does not matter whether this control is exercised by public authorities or private enterprises. It is a tricky field because it is ideologically loaded. It has, however, taken on a new sense of urgency through the advent of new communication and information systems. Particularly through the convergence of computer and telecommunication systems, these problems have become pervasive and awkward, evolving mainly outside of the scope of public accountability.

Thus, a basic question about privatization is whether or not it will represent an obstacle to global learning. Privatization would, from one perspective, be a factor in a series of potential obstacles to global learning. These obstacles may arise from a range of situations and conditions, including the cultural area, via institutional-legal rules, and socio-economic trends, to psychological factors.

There exists abundant information on various aspects of this complex problem. Some of the problems include obstacles to innovation, the dissemination of innovation, the transfer and acceptance of information, and the simultaneous phenomena of information overload and information under-use. However, as far as is known, these findings have never been analysed in a coherent fashion from a global-learning perspective.

In addition to phenomena that appear obvious and relatively easy to understand, there are other, more subtle practices that might constitute obstacles to global learning. One such practice is the ancient phenomenon of the "professionalization" of knowledge, which nowadays has degenerated into the reign of the expert, and the descent of instant experts from the North upon developing countries.

IV. Content of global learning

To many observers, global learning seems to remain vague, somewhat unclear, when discussed in the abstract. In real life, global learning not only represents an intellectual framework or perspective. it is linked to concrete purposes and is embedded in a specific context. Thus, global learning also entails learning about something. We will now turn to the content of global learning.

First, some remarks on the specific content that are represented by different social levels and needs. Although it seems obvious, there is a constant need to repeat the fact that the same phenomenon will not have the same impact in different socio-cultural settings. It is one thing to add still another television channel in an already TV-saturated environment and quite another to introduce television in a setting where there is little, if any, access to modern media. In the UNU context, global-learning activities have been concerned at one end of the scale with participatory learning at the most urgent and most neglected level. How can scientific information, relevant to the survival and basic quality of life of unfavoured groups in developing countries, be in a timely fashion, in a manner and form that makes sense to them and, most importantly, on subjects of their choice? At the other end of the scale, studies have concerned themselves with the manner in which learning about global issues can contribute to ameliorate a situation in which higher education is often seen as inadequate for addressing "current human problems."

The basic thrust is that global learning concerns itself with global issues as they are worked out at different levels of society, in terms of both needs and opportunities. The following discussion of possible issue areas that would be the content of global-learning activities is based on the consideration of proposals for projects and action in this field.

1. Development

The perhaps most obvious and one of the most urgent global-learning concerns is development. As mentioned earlier, development has a clear learning dimension that has often been perceived as no more than the education and training of people to become fit for service as producers and consumers to conform to the image of what has happened in the industrialized world. It is in this context that the concept of "human resource development" becomes problematic: resources are means to an end, while the basic current concept is that human beings should be the subjects of development, not the objects of development.

The form of learning that lies at the heart of development is the "rather elusive process" of social learning, in the global sense used here. As to what needs to be learned, the content of this learning process, Soedjatmoko has indicated various sets of goals, each one by implication pointing to failures in development thinking and development practice. These sets of goals include:

- individual and collective enhancement of a society's ability to adjust to change and to direct change even in the face of such phenomena as new demographic patterns, new technologies, new modes of production, and new stages of political consciousness;

- capacity to develop policies and attitudes that can come to grips with the common structural impediments to change;

- the need, morally and politically, to deal effectively with poverty as symptomatic of a process of economic and environmental decay, often compounded by social and political instability;

- the willingness to socialize and bring into the national mainstream hitherto marginalized groups without raising unacceptable levels of social tension. This implies learning how to motivate and release the energies of those whom Gandhi called "the last, the least, the lowest, and the lost";

- organizing for new purposes, the adjustment of traditional institutions to serve these needs;

- new lessons in the management of development activities. Government bureaucracies and institutions must learn how to adjust to the required systems of self-management and self-reliance, as well as to cope with economic interdependence. In addition, they must also learn how to develop the skill of consensus-making, in the context of pluralism, and to deal with the violence of emerging groups that perceive that their aspirations are not being accommodated;

- ability to live together in increasingly higher population densities, finding new ways to make urban communities function, concerning ourselves not only with how these mega-cities can be assured of their food, energy, and housing needs, but also with the ways in which communities of such size and density can function effectively, with civility, thereby avoiding violent conflict and retaining their creativity;

- capacity to meet the learning needs, brought on by development, through an unprecedented flow of information into the villages and urban neighborhoods. This also implies developing individuals and communities, a capacity for continuous learning, creative impulses, and critical assessment.²⁰

These points have been mentioned in some detail because in many respects they are applicable to several subject-matters such as global change.

It is clear that this kind of required learning involves not only individuals at all social levels over their life-span, but also all major in situations in society, be they governmental or non-governmental, in eluding business enterprises, labour unions, the military, professional associations, women's movements, grass-roots and environmental groups. Learning for the purposes of development implies learning by individuals, by communities, by societies, and in the final count, by the human species.

2. Environment

Concerns about the environment are not new. Yet only in recent years have ecological crises reached such pervasive, disruptive, and potentially disastrous levels that "suddenly the world itself has become a world issue."²¹ Thus today's environmental problems are closely interlinked, planetary in scale, and, literally, deadly serious.

However, more important than another list of issues is the inter-linkage of environmental problems, particularly what they all amount to in the aggregate. The Brundtland Commission has aptly used the image of our earth seen from space as an entry point when it said, "From space we see a small and fragile ball, dominated not by human activity and edifices, but by a pattern of clouds, oceans, greenery, and soil. Humanity's inability to fit its doings into that pattern is fundamentally changing planetary systems. Many such changes are accompanied by life-threatening hazards. This new reality, from which there is no escape, must be recognized - and managed."²²

A complement from the national level arrived in a recent study of resources, population, and the future of the Philippines. The study came to the conclusion that, "the grim prospect of a deepening subsistence crisis throws a long shadow over Philippine socio-economic and political development extending into the next century.... Without effective policies to slow population growth? broaden access to land and other natural resources, and stem environmental degradation, these problems could contribute to increased social unrest, and possibly political violence.²³

Social unrest due to environmental degradation, resource depletion, and social injustice have already occurred in various countries. Analysts also foresee that if present trends continue unchecked, environmental problems might well become major reasons for international conflict, and even war. In the coming decades such problems will range from squabbles over mineral deposits and other natural resources to controversies over unilateral decisions in one country that will affect situations in other countries (transborder pollution, downstream effects of effluents, deforestation, over-fishing, and destruction of habitat).

In fact, analysts have pointed out that comparisons to the environmental changes now under way can only be found by going back millions of years in earth's history; the situation is thus totally outside of any human experience. As a result, learning how to cope with these changes is, and will continue to be, a new and difficult experience.

The reluctant and/or partial recognition of this new reality has already led to some action. Despite often bitter scientific and sociopolitical controversy in this area, the ecological crises have reached such a level that the scientific community has merged and agreed on a number of scientific projects on a global scale.

There have also been some surprisingly rapid intergovernmental agreements on specific problems such as the Vienna Ozone Treaty²⁴ and its Montreal Protocol,²⁵ as a well as a series of high-level meetings. However, in addition to the difficulties in getting even limited agreements accepted and implemented, voices are already raised in concern that what has been done is not enough and often too late. In general, the agreements are attacking symptoms rather than causes.

Even though the reality of the situation is only partly perceived and accepted even less so, it has led to a new look at the causes, trends, and phenomena that make current measures appear inadequate, insufficient, and sometimes frivolous. It would be easy to find some examples of these newly perceived issues that hint at the kind of changes that are required. However, it is more important to recognize the interlinkage between development, population, and environment. Far from being antagonistic to development, environmental protection is an irreplaceable partner to development. Environment and development are now seen as opposite sides of the same coin.

Today's challenges require that ecological principles and environmental understanding permeate economic activity. In the future, environmental protection must become a process of designing environmentally sustainable patterns of providing an environmentally non-destructive livelihood. In both rich and poor countries, economic and environmental goals must be integrated in powerful new ways..."²⁶

In summary, what is required is a change in thinking, and changes in the way things are done and organized. While little has so far been said about the global learning that is required, it is obvious that the learning dimension will be crucial if we are to achieve:

- the necessary integration of population, environment, and development policies;

- growth beyond such immature attitudes as growth for growth's sake or hiding behind "technological fixes";

- economic stability by rethinking our economies;

- a change in attitudes towards nature and the interrelationship between man and nature.

Take the following two examples. One, there seems to be increasing agreement that there is a need for a complete transformation of technologies, production, and consumption, but very little debate on what this actually might mean. If environmental factors must be integrated into the design of our energy, transportation, and other systems, it might well mean extensive changes in the provision for private and public transport. Energy might have to be provided at its real price. The inevitable industrialization for the third world will take place, bringing with it the polluting technology invented in and disseminated by the industrialized North.

The other example concerns itself with international cooperation, which will have to take place at hitherto unknown levels. Unilateral decisions by countries on any matter that might affect the environment will probably have to be subjected to negotiations and agreements. This means that there is a need to upgrade international environmental agencies so that they can work out new international treaties and integrate environmental concerns into trade and other rules governing international economic relations.

And, finally, there is a moral and ethical dimension, a need to rethink humanity's global obligations, but even more: to act without rapacity, to use knowledge with wisdom, to respect interdependence, to operate without hubris and greed - these are not simply moral imperatives. They are an accurate scientific description of the means of survival. It is this compelling force of fact that may, I think, control our separatist ambitions before we overturn our planetary life.²⁷

Notes

1. International Commission on the Development of Education, Learning to Be: The World of Education Today and Tomorrow (Unesco. 1972).

2. J. W. Botkin, No Limits to Learning (Pergamon Press, 1979).

3. Soedjatmoko, 1985 (citation incomplete). See generally Soedjatmoko. infra note 12.

4. Kuhn (citation incomplete).

5. Van Bertalanffy, Boulding, et al. (citation incomplete).

6. Varela (citation incomplete).

7. Revised draft charter of the United Nations University, reprinted in United Nations University: Report of the Secretary General, U.N. GAOR, 28th Sess., Agenda Item 52 at 2, U.N. Doc. A/9149/Add.² (1973).

8. Freeman, 1974:45 (citation incomplete).

9. (Citation incomplete); see generally, llya Prigogine, "Irreversibility and Space-Time Structure," in Physics and the Ultimate Significance of Time (David Ray Griffin, ea., 1986); Ilya Prigogine and Isabelle Stengers. Order Out of Chaos (New Science Library, 1984); Ilya Prigogine, From Being to Becoming (W.H. Freeman & Co., 1980); Gregoire Nicolis and Ilya Prigogine, Exploring Complexity (W.H. Freeman & Co., 1989).

10. See Varela 1988, 1989 (citation incomplete).

11. Supra note 7.

12. (Citation incomplete); see generally Soedjatmoko, "Global Issues and Human Choices," 19 World Futures, 191 (1984).

13. Citation incomplete.

14. Dunn, 1971, p.185 (citation incomplete).

15. Citation incomplete.

16. Soedjatmoko. 1984 (citation incomplete); see generally Soedjatmoko, supra note 12.

17. Chief Justice Michael Kirby (citation incomplete).

18. (Michael Gibbons, Bjorn Wittrock, eds., Longman, 1985). 19. Sargent, 1989 (citation incomplete).

20. Soedjatmoko (citation incomplete); see generally Soedjatmoko. supra note 12.

21. Shabecoff, "Suddenly the World Itself is a World Issue,' New York Times 25 Dec. 1988 at
A4.

22. World Commission on Environment and Development, Our Common Future, I (Oxford University, 1987).

23. G. Porter, with D. J. Ganapin, Jr., Resources, Population, and the Philippines' Future: A Case Study (World Resources Institute, Washington, D.C., 1988).

24. Vienna Convention for the Protection of the Ozone Layer, 22 Mar. 1985, 26 I.L.M. 1529 (1987)

25. Montreal Protocol on Substances That Deplete the Ozone Layer, 16 Sept. 1987, 26 I.L.M. 1550 (1987)

26. Speth, 1989 (citation incomplete).

27. This was said by Barbara Ward shortly before her untimely death (citation incomplete).

B. Chronological index of selected international environmental legal instruments

Pre-1900

Baden (Federal Republic of Germany)-Switzerland: Berne Convention Establishing Uniform Regulations Concerning Fishing in the Rhine between Constance and Basle, 9 December 1869, 149 CTS 137.

Baden (Federal Republic of Germany)-France-Switzerland: Basle Convention Establishing Uniform Regulations Concerning Fishing in the Rhine and its Tributaries, Including Lake Constance, 25 March 1875, 149 CTS 139.

1900-1924

London Convention for the Protection of Wild Animals, Birds and Fish in Africa, 19 May 1900, 94 BFSP 715.

Convention for the Protection of Birds Useful to Agriculture, 19 March 1902, 102 BFSP 969, 191 CTS 91.

Canada-United States of America: Washington Treaty Relating to Boundary Waters and Questions Arising Along the Boundary Between the United States and Canada, 11 January 1909, 12 Bevans 319, 36 Stat. 2488, TS 548, 102 BFSP 137.

Treaty for the Preservation and Protection of Fur Seals, 7 July 1911, 37 Stat. 1542, TS 564, 104 BFSP 175.

Convention for the Preservation of the Halibut Fishery of the Northern Pacific Ocean, 2 March 1923, 32 LNTS 93.

1925- 1949

Convention for the Regulation of Whaling, 24 September 1931, 155 LNTS 349, 49 Stat. 3079, TS 880.

London Convention relative to the Preservation of Fauna and Flora in Their Natural State, 8 November 1933, UKTS No. 27 (1930), 172 LNTS 241.

Washington Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere, 12 October 1940, 161 UNTS 193, 3 Bevans 630, 56 Stat 1354, TS 981.

London Convention for the Regulation of the Meshes of Fishing Nets and Size Limits of Fish, 5 April 1946, 231 UNTS 199.

Washington International Convention for the North-West Atlantic Fisheries (Preamble, Art. Vl[1]), 8 February 1949, 157 UNTS 157, 1 UST 477, TIAS 2089.

1950s

Paris International Convention for the Protection of Birds, 18 October 1950, 638 UNTS 185.

Paris Convention for the Establishment of the European and Mediterranean Plant Protection Organization, 18 April 1951, UKTS No. 44 (1956).

FAO International Plant Protection Convention, Rome (amended 1979), 6 December 1951, 150 UNTS 67.

International Convention for the Prevention of Pollution of the Sea by Oil, London (and 1962, 1969, 1971, (2x) Protocols), 12 May 1954, 327 UNTS 3, 12 UST 2989, TIAS 4900.

FAO Plant Protection Agreement for [South-East] Asia and the Pacific Region, Rome (amended 1967, 1979, 1983), 27 February 1956, 247 UNTS 400.

Convention on Fishing and Conservation of the Living Resources of the High Seas, 29 April 1958, 559 UNTS 285, 17 UST 138, TIAS 5969.

Antarctic Treaty, Washington (Arts V[1], IX[f]), 1 December 1959, 12 UST 794, TIAS 4780, UKTS No. 97 (1982) 402 UNTS 71.

1960s

1960-1964

Steckborn Convention on the Protection of Lake Constance against Pollution, 27 October 1960, UNLegSer No. 12, p. 438.

European Social Charter (Arts, 3[1], [3], 11), 18 October 1961, 529 UNTS 89, ETS No. 35.

Paris International Convention on the Protection of New Varieties of Plants, 2 December 1961, 815 UNTS 89.

Protocol Concerning the Constitution of an International Commission for the Protection of the Mosel Against Pollution, 20 December 1961, 940 UNTS 211.

Berne Convention on the International Commission for the Protection of the Rhine against Pollution, 29 April 1963, 994 UNTS 3.

Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Under Water, 5 August 1963, 480 UNTS 43, 14 UST 1313, TIAS 5433.

Nordic Mutual Emergency Assistance Agreement in Connection with Radiation Accidents, 17 October 1963, 525 UNTS 75.

1965-1969

International Convention for the Conservation of Atlantic Tunas, 14 May 1966, 673 UNTS 63.

International Covenant on Economic, Social and Cultural Rights (Arts. 12[2][b], 25. See also Arts. 7, 11, 12[1], [2][c]), 16 December 1966, 993 UNTS 3, 6 ILM 360 (1967).

Treaty on Principles Governing the Activities or States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (Art. IX), 27 January 1967, 610 UNTS 205, 18 UST 2410, TIAS 6347.

Phyto-sanitary Convention for Africa South of the Sahara, 13 September 1968, UNEP3 No. 12.

African Convention on the Conservation of Nature and Natural Resources, 15 September 1968, 1001 UNTS 3.

Tanker Owners Voluntary Agreement Concerning Liability for Oil Pollution, "TOVALOP," 7 January 1969, 8 ILM 497 (1969).

Bonn Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil, 9 June 1969, 704 UNTS 3, 9 ILM 359 (1970).

La Paz Convention for the Conservation of the Vicuña, 16 August 1969, 969 IELMT 61.

FAO Convention on the Conservation of the Living Resources of the South-East Atlantic, Rome, 23 October 1969, 801 UNTS 101.

Brussels International Convention on Civil Liability for Oil Pollution Damage, 29 November 1969, 973 UNTS 3, UKTS No. 106 (1975), 9 ILM 45 (1970).

Brussels International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 29 November 1969, 970 UNTS 211, 26 UST 765, TIAS 8068.

1970s

1971

Oil Companies: Contract Regarding an Interim Supplement to Tanker Liability for Oil Pollution, "CRISTAL," 14 January 1971, 10 ILM 137 (1971).

Ramsar Convention on Wetlands of International Importance, Especially as Waterfowl Habitat, 2 February 1971, 11 ILM 963 (1972), UKTS No. 34 (1976), 996 UNTS 245.

Brussels International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (amending Protocols 1976, 1984), 18 December 1971, 1110 UNTS 57, UKTS No. 95, 11 ILM 284 (1972).

1972

Oslo Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft (1978 Protocol), 15 February 1972, 932 UNTS 3, UKTS No. 119 (1975), 11 ILM 262 (1972).

Convention on International Liability for Damage Caused by Space Objects, 29 March 1972, 961 UNTS 187, 24 UST 2389, TIAS 7762.

Stockholm Declaration on the Human Environment of the United Nations Conference on the Human Environment, 16 June 1972, A/ CONF.48/14, 1972 UNYB 319, 11 ILM 1416 (1972).

UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage, 16 November 1972, 27 UST 37, TIAS 8226, 11 ILM 1358 (1972).

UNGA Resolution: Institutional and Financial Arrangements for International Environmental Co-operation (UNEP Statute), 15 December 1972, A/RES/299(XXVII).

IMO Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Ocean Dumping Convention - LDC) (amended 1978 (2x), 1980, 1989), 29 December 1972, 1046 UNTS 120, 26 UST 2403, TIAS 8165, 11 ILM 1294 (1972).

1973

Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 3 March 1973, 993 UNTS 243, 27 UST 1087, TIAS 8249, UKTS No. 101 (1976), 12 ILM 1085 (1973).

London International Convention for the Prevention of Pollution from Ships (MARPOL), 2 November 1973, IMO: MP/CONF/ WP.35, 12 ILM 1319 (1973).

Oslo Agreement on the Conservation of Polar Bears, 15 November 1973, 27 UST 3918, TIAS 8409, 13 ILM 13 (1973).

1974

Nordic Convention on the Protection of the Environment, 19 February 1974, 1092 UNTS 279, 13 ILM 591 (1974).

Helsinki Convention for the Protection of the Marine Environment of the Baltic Sea Area, 22 March 1974, 13 ILM 546 (1974).

OECD Council Recommendation on Principles Concerning Transfrontier Pollution (with annexed "Some Principles"), 14 November 1974, OECD C(74) 224.

OECD Council Recommendation on the Implementation of the Polluter Pays Principle, 14 November 1974, OECD C(74) 223, 14 ILM 234 (1975).

OECD Council Recommendation: Analysis of the Environmental Consequences of Significant Public and Private Projects, 14 November 1974, OECD C(74) 216, OECD p. 28.

1975

Helsinki Final Act of the Conference on Security and Co-operation in Europe (Basket Two: "Co-operation in the Fields of Economics, of Science and Technology and of the Environment," Sec. 5: "Environment"), 1 August 1975, 14 ILM 1307 (1975).

1976

Barcelona Convention for the Protection of the Mediterranean Sea against Pollution, 16 February 1976, 15 ILM 290 (1976).

Barcelona Protocol for the Prevention of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft, 16 February 1976, 15 ILM 300 (1976).

Barcelona Protocol Concerning Co-operation in Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency, 2 April 1976, 15 ILM 306 (1976).

Convention on the Conservation of Nature in the South Pacific, 12 June 1976, UNEP3 No. 68.

OECD Council Recommendation: A Comprehensive Waste Management Policy (with annexed Principles), 28 September 1976, OECD C(76)155 Final.

Bonn Convention for the Protection of the Rhine against Chemical Pollution, 3 December 1976, 1124 UNTS 375, 16 lLM 242 (1977).

Bonn Convention for the Protection of the Rhine against Chemical Pollution by Chlorides, 3 December 1976, 16 ILM 265 (1977).

Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, 10 December 1976, 1108 UNTS 151, 31 UST 333, TIAS 9614, 16 ILM 88 (1977).

1977

London Convention on Civil Liability for Oil Pollution Damage from Offshore Operations [Resulting from Exploration for and Exploitation of Sea Bed Mineral Resources], 1 May 1977, 16 ILM 1450 (1977).

OECD Council Recommendation: Implementation of a Regime of Equal Right of Access and Non-Discrimination in Relation to Transfrontier Pollution (with annexed Principles), 17 May 1977, OECD C(77)28 Final, 16 ILM 977 (1977).

Additional Protocol I to the 1949 Geneva Conventions Relating to the Protection of Victims of International Armed Conflict (Arts. 35[3], 53, 55, 56), 8 June 1977, 16 ILM 1391 (1977)

Additional Protocol II to the 1949 Geneva Conventions Relating to the Protection of Victims of International Armed Conflict (Arts. 14-16), 8 June 1977, 16 ILM 1442 (1977).

ILO Convention Concerning the Protection of Workers Against Occupational Hazards in the Working Environment Due to Air Pollution, Noise and Vibration, Geneva, 20 June 1917, UNEP3 No. 73.

1978

UNEP Government Council Decision: Principles of Conduct in the Field of Environment for Guidance of States in Conservation and

Harmonious Utility of Natural Resources Shared by Two or More States, 19 May 1978, A/RES/(XXVIII), 17 ILM 1091 (1978).

Brasilia Treaty for Amazonian Co-operation, 3 July 1978, UNEP Reg. p.164, 17 ILM 1045 (1978).

OECD Council Recommendation on Strengthening International Co-operation on Environmental Protection in Transfrontier Regions (with annexed guidelines), 21 September 1978, OECD C(78)77 Final.

Canada-United States of America: Great Lakes Water Quality Agreement (amending Protocol 1987), 22 November 1978, 30 UST 1383, TIAS 9257.

1979

Bonn Convention on the Conservation of Migratory Species of Wild Animals, 1979, 19 ILM 15 (1980).

Council of Europe Convention on the Conservation of European Wildlife and Natural Habitats, 19 September 1979, ETS No. 104, UKTS No. 56 (1982).

ECE Convention on Long-Range Transboundary Air Pollution, 13 November 1979, TIAS 10541, 18 ILM 1442 (1979).

1980s

1980

IUCN World Conservation Strategy, Living Resources Conservation for Sustainable Development (in cooperation with UNEP, WWF, FAO, and Unesco), 1980, UNEP/GC/DEC/8/11.

Multilateral Development Institutions: Declaration of Environmental Policies and Procedures Relating to Economic Development, adopted by ADB, Arab Bank for Economic Development in Africa, AFDB, World Bank, EEC (Commission), OAS, UNDP, and UNEP, 1 February 1980, 19 ILM 524 (1980).

IAEA Convention on the Physical Protection of Nuclear Material, 3 March 1980, UNTS Reg. No. 24631, IAEA INFCIRC/274.

UNEP Governing Council Decision: Provisions for Co-operation between States in Weather Modification Activities, 29 April 1980, UNEP GC/DEC/8/7/A.

Athens Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources, 17 May 1980, Doc. No. 79, UNTS Reg. No. 22281, 19 ILM 869 (1980).

Convention on the Conservation of Antarctic Marine Living Re sources (CCAMLR), 20 May 1980, 33 UST 3476, TIAS 10240, UKTS No. 48 (1982), 19 ILM 841 (1980).

UNGA Resolution: On the Historical Responsibility of States for the Protection of Nature for the Benefit of Present and Future Generations, 30 October 1980, A/RES/35/8.

1981

FAO: World Soil Charter, 1981, 21 FAO Conf. Res. 8/81.

Abidjan Protocol Concerning Co-operation in Combating Pollution in Cases of Emergency, 23 March 1981, 20 ILM 756 (1981).

Abidjan Convention for Co-operation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region, 23 March 1981, 20 ILM 746 (1981).

African Charter on Human and Peoples' Rights (Art. 24), 27 June 1981, 21 ILM 59 (1982).

Lima Convention for the Protection of the Marine Environment and Coastal Area of the South-East Pacific, 12 November 1981, UNEP/ CPPS/IG/32/4.

Lima Agreement on Regional Co-operation in Combating Pollution of the South-East Pacific by Oil and Other Harmful Substances in Cases of Emergency, 12 November 1981, UNEP Reg. p. 197.

1982

Jeddah Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment, 14 February 1982, UNEP Reg. p. 201.

Jeddah Protocol Concerning Regional Co-operation in Combating Pollution by Oil and Other Harmful Substances in Cases of Emergency, 14 February 1982, UNEP Sales No: GE.83-lX-02934.

Geneva Protocol Concerning Mediterranean Specially Protected Areas, 3 April 1982, UNTS Reg. No. 24079.

Benelux Convention on Nature Conservation and Landscape Protection, 8 June 1982, UNEP Reg. p. 207.

ILA Montreal Rules of International Law Applicable to Transfrontier Pollution, 4 September 1982, 60 ILA 158 (1983).

World Charter for Nature, 28 October 1982, A/RES13717, 22 ILM 455 (1983).

UN Convention on the Law of the Sea, Montego Bay (Arts. 43, 6467, 116-120, 145, 192-237, Annex A, 10 December 1982, I) CONF.62/122, 21 ILM 1261 (1982).

1983

Cartagena Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, 24 March 1983, 22 ILM 221 (1983).

Quito Protocol for the Protection of the South-East Pacific Against Pollution from Land-Based Sources, 23 July 1983 UNEP Reg. p. 199.

FAO International Undertaking on Plant Genetic Resources, 23 November 1983, 22 FAO Conf. Res. 8183.

1984

Geneva Protocol on Long-Term Financing of Co-operative Programme for Monitoring and Evaluation of the Long-Range Transmission of Air Pollutants in Europe (EMEP), 28 September 1984, EB. AIR/AC.1/4.

1985

Vienna Convention for the Protection of the Ozone Layer, 22 March 1985, 26 ILM 1516 (1987).

Nairobi Convention for Eastern African Region, 1985, Nairobi Protocol Concerning Protected Areas and Wild Fauna and Flora in the Eastern African Region, 21 June 1985, UNEP Reg. p. 228.

Helsinki Protocol on the Reduction of Sulphur Emissions or Their Transboundary Fluxes by at Least 30 Per Cent, 8 July 1985, 27 ILM 707 (1988).

ASEAN Agreement on the Conservation of Nature and Natural Resources, 9 July 1985, 15 EPL 64 (1985).

1986

EEC Single European Act (Art. 18- adding Art. 100a to the EEC Treaty, Art. 25 - adding Title VII [Arts. 130 R-T]: Environment, to the EEC Treaty), 17 February 1986, OJEC 1987 L 169/1, 25 ILM 506 (1986).

IAEA Convention on Early Notification of a Nuclear Accident, 26 September 1986, IAEA INFCIRC/335, 25 ILM 1370 (1986).

IAEA Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, 26 September 1986, IAEA INFCIRC/ 336, 25 ILM 1377 (1986).

EEC Commission Regulation: Protection of Forests against Atmospheric Pollution, 17 November 1986, OJEC 1986 L 326/2, Reg. No. 3528/86.

Protocol for the Prevention of Pollution of the South Pacific Region by Dumping, 25 November 1986, UNEP Reg. p. 243.

Convention for the Protection of the Natural Resources and Environment of the South Pacific Region, 25 November 1986, UNEP Reg. p. 241.

Protocol Concerning Co-operation in Combating Pollution Emergencies in the South Pacific Region. 25 November 1986, UNEP Reg. p. 245.

1987

Agreement on the Action Plan for the Environmentally Sound Management of the Common Zambezi River System, 28 May 1987, 27 ILM 1109 (1988).

UNEP Governing Council Decision: Goals and Principles of Environmental Impact Assessment 17 June 1987, 17 EPL 36 (1987), UNEP GC/DEC/14/25.

Montreal Protocol on Substances That Deplete the Ozone Layer, 16 September 1987, 26 ILM 1550 (1987).

Amending Protocol to the Great Lakes Water Quality Agreement (1978), 18 November 1987, TIAS 10798.

1988

Convention on the Regulation of Antarctic Mineral Resources Activities (Preamble, Arts. 1[4], [15], 2[1][a], 4[2-4], 8, 10, 13[2], [6], 15, 21[1], [9][c]), 2 June 1988, 21 ILM 859 (1988).

Sofia Protocol Concerning the Control of Emissions of Nitrogen Oxides or Their Transboundary Fluxes, 31 October 1988, 28 ILM 212 (1989).

UNGA Resolution: Protection of Global Climate for Present and Future Generations of Mankind, 6 December 1988, A/RES/43/53, 28 ILM 1326 (1989).

1989

UNEP London Guidelines on the Exchange of Information on Chemicals in International Trade, 17 February 1989, UNEP/PIC/ WG.2/2 p. 9.

Hague Declaration, 11 March 1989, A/44/340, 28 ILM 1308 (1989).

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 22 March 1989, UNEP/ WG.190/4, 28 ILM 657 (1989).

Brasilia Declaration on the Environment, by the Sixth Ministerial Meeting on the Environment in Latin America and the Caribbean, 31 March 1989, A/44/683, Annex, 28 ILM 1311 (1989).

OECD Council Recommendation on the Application of the Polluter-Pays Principle to Accidental Pollution, 7 July 1989, OECD: Doc. C(89)88, 28 ILM 1320 (1989).

1990s

1990

Convention on the Marine Environment of the Wider Caribbean Region, 1983, Protocol Concerning Specially Protected Areas and Wildlife, 16 January 1990.

Decisions of the Second Meeting of Parties to the Montreal Protocol (MP) (Nos. II/1-20 and Annexes I [Adjustments to MP], II [Amendments to MP], III [Non-Compliance Procedure]), 29 June 1990, UNEP/OzL.Pro.2/3.

IAEA General Conference Resolution on Code of Practice in the International Transboundary Movement of Radioactive Waste, 21 September 1990, 30 ILM 556 (1991).

Accord of Cooperation for the Protection of the Coasts and Waters of the Northeast Atlantic Against Pollution Due to Hydrocarbons or Other Harmful Substances, 17 October 1990, 30 ILM 1227 (1991).

International Convention on Oil Pollution Preparedness, Response and Co-operation, 30 November 1990, 30 ILM 733 (1990).

1991

Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes Within Africa, 29 January 1991, 30 ILM 773 (1991), with annexes I-V, 31 ILM 163 (1992).

United Nations Convention on Environmental Impact Assessment in a Transboundary Context, 25 February 1991, 30 ILM 800 (1991).

Canada-United States Agreement on Air Quality, 13 March 1991, 30 ILM 676 (1991).

Arctic Environmental Protection Strategy, 14 June 1991, 30 ILM 1624 (1991).

Protocol on Environmental Protection to the Antarctic Treaty (with Schedule on Arbitration and four Annexes - Environmental Impact Assessment, Conservation of Antarctic Fauna and Flora, Waste Disposal and Waste Management, and Prevention of Marine Pollution), 21 June 1991.

Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution Concerning the Control of Emissions of Volatile Organic Compounds or Their Transboundary Fluxes, 18 November 1991.

C. Contributors

EDITH BROWN WEISS Professor of International and Environmental Law at Georgetown University Law Center and former Associate General Counsel for International Law, U.S. Environmental Protection Agency. Member of Board of Editors of the American Journal of International Law and Chair of the Social Science Research Council's Committee on Research in Global Environmental Change. Elected to the American Law Institute and the Council on Foreign Relations. Recipient in April 1990 of the Certificate of Merit Award of the American Society of International Law for her book In Fairness to Future Generations (Transnational/United Nations University, 1989).

ANTONIO AUGUSTO CANÇADO TRINDADE, Ph.D. (Cambridge), Professor of international Law at the University of Brasilia and the Rio Branco Diplomatic Institute, Judge Ad Hoc of the Inter-American Court of Human Rights, former Legal Adviser to Brazil's Ministry of External Relations, and member of the Board of Directors of the Inter-American Institute of Human Rights.

TORU IWAMA, Professor of Law at Fukuoka University, Faculty of Law, Japan. Visiting Research Scholar at Australian National University, Faculty of Law, 1981, and Georgetown University Law Center, 1988-1989. B.A., International Christian University; M.A., University of Hawaii; Master in Law, Hitotsubashi University.

ALEXANDRE KISS, Director of Research at the Centre National de la Recherche Scientifique, Paris, Director of the Centre for Environmental Law of the Robert Schuman University at Strasbourg, President of the European Council for Environmental Law, and Vice-President of the International Institute of Human Rights. Consultant to many international organizations involved in legal aspects of environmental problems.

PEIDER KÖNZ lawyer, the United Nations University Representative in Europe. Previously served as the Legal Adviser to the OECD, Resident Representative/UN Coordinator in Brazil, senior legal consultant to the IAEA, and Research Associate at Harvard Law School. Holder of licence en droit from Geneva and LLB/SA from George Washington University.

LA! PENG CHENG, Professor of Law and Vice-Dean at the Law Department of Fudan University. General Editor of "Contemporary Law Studies," as well as author of numerous books and articles in the field of international law, environmental law, and international relations. Member of the international advisory board of the "International Encyclopedia of Law," published by Kluwer.

FRANCISCO ORREGO VICUÑA, Professor of International Law at the Institute of International Studies and the Law School of the University of Chile. President of the Chilean Council on Foreign Relations. Ph.D. in international law, London School of Economics and Political Science, University of London.

RAGHUNANDAN SWARUP PATHAK, Judge on the Supreme Court of India 1978-1986, Chief Justice of India 1986-1989, Judge on the International Court of Justice at the Hague 1989-1991. Currently President of the Indian Society of International Law and member of the Executive Committee of the International Law Association. Recipient of numerous honorary degrees, former professor at the Institute of Advanced Studies in the Humanities at Edinburgh University.

PAUL C. SZASZ, Legal Officer since 1958 of, successively, the International Atomic Agency, the World Bank and the International Centre for Settlement of Investment Disputes, and the United Nations. Served as Deputy to the Legal Counsel and Director of the General

Legal Division, United Nations. Teacher at Pace, Berkeley, and New York University law schools.

PETER S. THACHER, United Nations appointment in 1971 as Programme Director of the staff preparing 1972 UN Environment Conference in Stockholm, served thereafter as Director of UNEP European Office and Deputy Executive Director of UNEP, with rank of UN Assistant Secretary-General. Since retiring in 1983, associated with the World Resources Institute and consultant/adviser to a number of organizations. Senior Adviser to the Secretary-General for the 1992 UN Conference on Environment and Development.

ALEXANDRE S. TIMOSHENKO, leading scholar in international environmental law at the former USSR Academy of Sciences. Formerly chairman of the Sector on Ecological Law at the Academy's Institute of State and Law. Served as consultant to the United Nations Environment Programme, UN Economic Commission for Europe, Brundtland Commission, International Union for Conservation of Nature and Natural Resources, and other international bodies.