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Ecological Code.doc
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Article 189. Principles of International Cooperation

International cooperation of the Republic of Kazakhstan in the field of environmental protection and nature use shall be based on the following principles:

1) conscientious fulfilment of international commitments;

2) respect for the sovereign right of nations to develop own natural resources;

3) integration of environmental protection and economic development to achieve sustainable development;

4) responsibility of nations for the measures to prevent damage of the environment of other countries or regions, which are beyond the limits of the jurisdiction of the Republic of Kazakhstan;

5) precaution and preventive measures;

6) peaceful resolution of international disputes;

7) preliminary notification and mutual consultations on the operations involving potential significant transboundary environmental impact;

8) complementarity of global, regional, national and local efforts;

9) responsibility of a polluter for the costs incurred in connection with environmental pollution.

Article 190. Economic Basis of International Cooperation

The economic basis of the international cooperation of the Republic of Kazakhstan in the field of environmental protection and nature use shall be comprised of the following:

1) compulsory and voluntary contributions to international organisations;

2) co-funding of international programmes, forums and other international events;

3) responsibility for the damage inflicted as a result of transboundary impact;

4) reimbursement of expenses associated with the maintenance of facilities intended for joint use of natural resources based on participation interest in the natural resources;

5) provision, on a cost recovery basis, by one country to another country of own interest (portion of interest) in natural resources subject to international treaties ratified by the Republic of Kazakhstan.

Article 191. International Liability for Environmental Violations

International liability for environmental violations, damage caused to the environment and natural resources of neighbouring states and non-compliance with the commitments under international treaties shall be applied in accordance with the provisions of international treaties of the Republic of Kazakhstan.

Article 192. Mechanism of Intergovernmental Cooperation in the Field of Environmental Protection and Nature Use

1. The mechanism of intergovernmental cooperation in the field of environmental protection and nature use envisages that the Republic of Kazakhstan shall, in pursuance of its commitments under international treaties, participate in the following international and transboundary procedures:

1) exchange of environmental data;

2) joint environmental monitoring based on agreed requirements and standards;

3) determination and perseverance of internationally important biological species and natural objects;

4) obtaining of a preliminary well-grounded consent to perform specific activities, which are subject to international regulation in the field of environmental protection;

5) issuance of special permits with regard to specific activities that are posing a potential threat for the environment and human health;

6) joint standardisation of environmental impact and evaluation of its efficiency;

7) transboundary environmental impact assessment;

8) communication of emergency situations if there is a threat of transboundary impact;

9) provision of aid upon request of other nations in case of emergency situations involving a threat of transboundary impact, including development of adequate joint response plans;

10) development and presentation of national reports on the fulfilment of international commitments;

11) evaluation of the performance of obligations under international treaties by special authorised international bodies; and

12) application of sanctions for the environmental damage caused to other countries or regions outside the jurisdiction of the Republic of Kazakhstan.

2. The Republic of Kazakhstan shall develop required procedures specified in paragraph 1 of this Article based on bilateral and multilateral cooperation in the cases envisaged by international treaties.

3. The Government of the Republic of Kazakhstan and government agencies shall have the right, within their competence, to initiate the establishment of intergovernmental agencies to ensure efficiency of the international cooperation and performance of procedures specified in paragraph 1 of this Article.

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