on Environment and Development.5 Similarly, the precautionary principle has been included in a wide number of international environmental declarations and treaties, including the 1982 World Charter for Nature, 6 the Convention for the Prevention of Marine Pollution from Land-Based Sources,7 the Barcelona Convention,8 the London Declaration of the Second North Sea Conference,9 and the Draft Ministerial Declaration for the Second World Climate Conference.10 Moreover, the precautionary principle has also been adopted in the context of a number of international economic treaties and declarations, including the negotiating text of the Treaty on European Union (Maastricht Treaty),11 the 1991 OECD Ministers of the Environment Declaration,12 the 1990 Economic Summit of Industrialized Nations,13 and the 1989 Summit of the Arch. 14

Pollution Prevention

Although international environmental law remains largely media-specific, it has shown a proclivity for pollution prevention as an environmental protection strategy. For example, the Montreal Protocol15 ultimately contemplates a ban on chlorofluorocarbons, requiring companies to redesign their production systems and products to eliminate ozone-depleting gases. A similar-approach is likely to be followed with respect to reducing global warming emissions in protocols negotiated to control the emissions. These and other efforts at the international level provide substantial support for pollution prevention or designing pollutants, to the greatest extent possible, out of the production process. Future international agreements should recognize the success of these pollution prevention schemes and should adopt, where appropriate, similar formats. Perhaps, however, these future efforts should focus greater attention on providing incentives for pollution prevention than on the command-and-control efforts discussed above.

Recycling and Reuse Requirements

While pollution prevention can assist companies to minimize their wastes, it does not address the ultimate disposition of any unavoidable wastes from the product cycle. International environmental law can play a vital role in encouraging reuse and recycling by helping to create a market for "waste." International environmental law can encourage companies to design for the environment by placing reuse and recycling requirements on products sold domestically and traded internationally. Such recycling and reuse requirements can be brought about both through international laws (e.g., agreements), and through domestic laws that apply to the product as it enters a given country's market. Reuse and recycling requirements can be achieved through a variety of legal mechanisms. For instance, law could be used to create incentives, such as lower tariff schedules for products with higher percentages of recycled content. If incentives prove unfeasible, law could place regulatory burdens, such as embargoes or higher tariffs, on



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