Explainer Series: The Principle of Good Neighbourliness

Environmental law is an area of law that transcends national boundaries, or rather, it is imperative that it does so in order for it to be successful in the fight against climate change. There is a need for stronger international environmental law, and unfortunately, the subject is limited or otherwise at best seen as recommendatory. But these shortfalls of environmental law aside, the laws that do exist in service of fighting climate change find their footing in the Principle of Good Neighbourliness.

What is Good Neighbourliness?

The concept of good neighbourliness is rather obscure in its current definition with no clear or decisive definition that may aid in its application, but it nonetheless finds itself at the core of international law implicitly. One of the most prominent indications of the principle of good neighbourliness comes from the preamble of the Charter of the United Nations, wherein living together as good neighbours is seen as a means to the ends of the UN as a whole. While this may seem like an optimistic inclusion into the charter to foster friendly international relations, the idea behind it has real-life examples that stem from it. The adoption of Responsibility to Protect serves as one such example of the inclusion of the principle into international law, through which states have to ensure that they protect humanitarian interests outside their borders too. Within the confines of international environmental law, there is an understanding that the effects of one country’s economic activities and emissions could have an impact on its neighbours, both near and far. Neighbourliness, in this context, plays an important role in the present and future of environmental law and climate change.

Unfortunately, a single definition of the concept that can be accepted eludes us. But in a nutshell, the principle of good neighbourliness dictates that a state must ensure that its neighbours do not suffer the environmental consequences of its actions, that is, the development and exploitation of its own natural resources. Simply put – a state must do only that which doesn’t harm those around them.

Good Neighbourliness in International Environmental Law

The idea of good neighbourliness finds itself enshrined in the preambulatory clauses of the UN Framework Convention on Climate Change, one of the defining treaties on climate change. This treaty mentions the need to pay heed to the harms that may be caused to a neighbouring state. The treaty serves as a great example of an international instrument recognising the responsibility of states to be cognizant of the environmental impacts of their actions. Despite the fact that the treaty’s efficacy is often questioned, there is no denying the message that it sends.

From the Paris accords to the Kyoto protocol, good neighbourliness is at the heart of all our environmental treaties – and rightly so. The impacts of climate change are felt disproportionately. The countries in the global south which contribute the least to global emissions are some of the worst affected by climate change. It is in this context that good neighbourliness comes in. Since wealthier countries, especially in the global north, contribute significantly more to climate change, the principle of good neighbourliness – when applied in international laws – can play a role in the cutting of emissions not only for one’s own benefit, but for the good of the international community as a whole. The principle, predicated on goodwill and cooperation, also aids in the balancing of economic and ecologic interests. If we are to look at the aforementioned examples of the Paris accords and the Kyoto protocol, we can see that several developing countries are given greater emission allowances, including India. This may seem counterintuitive to the treaties’ goals, but a closer look shows us how good neighbourliness can be put into action. The treaties place a heavier burden on developed states to cut their carbon emissions to allow for less developed states to further economic growth with fewer environmental constraints to worry about. The end results are the net achievement of climate goals without compromising on the development of a country’s neighbouring states.

The success of the world’s environmental treaties leaves much to be desired. But the theoretical basis on which they stand have the underpinnings of great potential towards collaborative achievements in the fight against climate change. While good neighbourliness may not be explicitly mentioned as one of the means towards the ends of these agreements, the acceptance of differential treatment and acknowledgment of the potential differential impacts of climate change all point to the acceptance of good neighbourliness as a requisite principle in international environmental law. Thus, while the principle may not be one that is overtly referenced much, without it, cooperative laws like the ones we have today would never have come to fruition.

The Way Forward

While the principle may be accepted within international treaties and international law, it would also do good to see it being acknowledged within national laws. The impacts of climate change transcend manmade boundaries indiscriminately. For instance, deforestation in one country could severely impact the planet as a whole. In this context, good neighbourliness cannot be limited to international laws and treaties and must also find its way into national environmental laws. Many activities within a state may have direct or indirect consequences that far exceed its territorial limits. Domestic laws may often be internationally legal, but an inward-looking approach towards climate change simply will not suffice, and perhaps towards this end a formal declaration of good neighbourliness would do more good than the tacit approach that is currently followed.

Sustainable development and environmental protection are now global issues that borders cannot contain. A successful fight against climate change involves a collaborative effort that balances the economic growth of poorer nations with global climate targets – and this means that the burdens of curbing emissions are shared amongst all nations. As the climate crisis worsens, the need of the hour is to make sure that some houses do not burn while the others just watch with extinguishers in hand. Good Neighbourliness, if put into practice, means that no country would cause a neighbour’s house to be set ablaze in the first place – and this is the only way forward in fighting climate change.

Image source: www.weforum.org