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TEXT 4. SOIL: ALPINE SOIL TREATY
The first treaty exclusively dedicated to soil was adopted Oct. 16, 1998 as a protocol to the Nov. 7, 1991 Convention Concerning the Protection of the Alps, 31 I.L.M. 767. The parties recognize that erosion is a problem in the Alpine region because of the topography and as a consequence the concentration of pollutants in the soil can be carried to other ecosystems and present a risk to humans, flora and fauna. The Protocol notes the need for an integrated approach because of the impacts on soil of industrialization, urbanization, mining, tourism, agriculture, forestry, and transport. The functions of the soil, particularly the ecological functions, should be guaranteed and preserved over the long term, both in quantity and in quality. The restoration of degraded soils is encouraged.
The states parties should aim at utilizing soil appropriately according to location, economizing surface use, preventing erosion and structural damage to soil, as well as minimizing the transfer of polluting substances to soil. Special measures should be taken to preserve and promote the diversity of soil typical of the Alpine region and its characteristic places. In this context, prevention includes guaranteeing the functional capacity as well as the possibility of different utilizations of soil by future generations with a view towards sustainable development.
The parties are to take legal and administrative measures necessary to protect soil and to monitor the application of these measures. Where there is a risk of grave and persistent danger to the functional capacity of soil, protection should have priority over utilization as a general rule. Soil should be a factor in delimiting protected areas and in particular that characteristic formations or areas of particular interest for geology and understanding the evolution of the earth should be preserved. It adds the obligation to apply an integrated approach that incorporates soil protection into all aspects of land management. Assignment of responsibility to different levels of governance is encouraged as is international cooperation. The Protocol also calls for including consideration of soil impacts in environmental impact assessments for major projects. The comprehensive obligations contained in the Protocol are supplemented by requirements of permanent observation and monitoring.
Such international provisions can be considered as models for national legislation on soil conservation. In different countries detailed provisions are most often related to pollution sources and activities that degrade the soil such as certain industries, mining, transport or even certain types of farming. Other legal provisions which can be relevant for the protection of soil can be related to the management of industrial and household wastes, the protection of open spaces, including areas that are fragile or unique, urban planning of dedicated uses for different zones. The clean-up of contaminated soils plays a growing role.