AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).

The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.

In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.

The AUCI journal uses the Creative Commons license: CC BY 4.0.

Long-term archiving of the digital content of the journal is provided by Portico.

AUC IURIDICA, Vol 48 No 2 (2002), 9–25

Zásady mezinárodního práva životního prostředí

[Principles of International Environmental Law]

Pavel Šturma

DOI: https://doi.org/10.14712/23366478.2025.156
published online: 13. 02. 2025

abstract

Within any legal system, one can distinguish between general concepts and principles on the one hand, and specific, detailed rules on the other hand. Since the term “principles” seems to be used as homonym by the doctrine of International Law, it is vital to make a clear distinction of its different meanings. In fact, international legal documents as well as the doctrine usually refer to principles of International Environmental Law in two or three meanings. The first one includes the principles representing – in generalized expression – binding legal norms (lex lata). They include (a) the principle of state sovereignty and nonharmful use of environment outside the national jurisdiction; (b) the principle of protection and conservation of the environment and natural resources; (c) the principle of international cooperation in environmental protection; (d) the principle of exchange of information on activities involving a risk of environmental harm; (e) the principle of prevention; (f) the principle of equitable use of the shared natural resources. Of a different nature seems to be the principle of international responsibility and liability for damage to environment. It appears in Principle 22 of the 1972 Stockholm declaration merely as a pactum de contrahendo. Its normative content is not yet well established in general international law and depends on provisions of the specific international treaties. Another set of principles can be called general concepts and principles of International Environmental Law de lege ferenda. Having mostly the nature of recommendation or programme, those principles reflect the recent achievements and stimulate the future development in this particular field of law. They include (a) the concept of sustainable development; (b) the precautionary principle; (c) the principle of common concern of humanity; (d) the principle of common but differentiated responsibilities; (e) the principle “polluter pays”. The actual role of the principles should be neither overestimated nor underestimated. They are not able to replace a normative function of the specific legal rules. However, they make easier the systematization and interpretation of various branches of law. This is true especially in International Environmental Law, which has today developed in a very large and dynamic branch. This corpus juris may be even considered as a laboratory used for testing new institutions, concepts and techniques of International Law.

Creative Commons License
Zásady mezinárodního práva životního prostředí is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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