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International Environmental
Law
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Definition
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The history
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Sources
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Fundamental principals
• To adjust the rights and obligations arising
from the relationship between subjects of
international law in the progress of using
or protecting or improving the
environment, including the principles ,
rules and institutions of international law.
• United Nations Conference on the Human
Environment
• United Nations Conference on the Human
Environment and Development
• World Summit on Sustainable Development
Sources
•
International conventions
•
International custom
•
General principles of law
•
The decisions of the court
• 《The 1979 Convention on Long-Range Transboundary Air Pollution》
• 《The 1985 Vienna Convention for the Protection of
the Ozone Layer》
• 《Convention on the Rights of the Child 1989》
• 《The 1992 Convention on Biodiversity》
• Principle 21 of the 1972 Stockholm Declaration further
stipulates that in addition to the sovereign right to
exploit their own resources pursuant to their own
environmental policies, states have the responsibility to
ensure that activities within their jurisdiction or control
do not cause the environment of other states or of areas
beyond the limits of national jurisdiction.
• No state has the right to use or permit the use of
territory in such a manner as to cause injury by fumes
in or to the territory of another or the properties or
persons therein, when the case is of serious
consequence and the injury is established by clear and
convincing evidence.
• （1）Principles of sovereignty over natural
resources and the responsibility not to
cause damage to the environment of other
states or to areas beyond national
jurisdiction.
• （2）Principle of sustainable development
• （3） Principle of common but
differentiated responsibility
• （4） Principle of preventative action
• （5）Precautionary principle
• （6） Principle of international
cooperation
国际环境责任的形式
• Cease the act
• Restitution
• Reparation
• Compensation
• Satisfaction
• 政治解决方法
• Negotiation and consultation
• Good offices and mediation
• Conciliation, Amiable composition
• International investigation
• 法律解决方法
• Arbitration
• Judgment of International Court of
Justice
International Environmental
Law
Air pollution
• The burning of fossil fuels produced sulfur dioxide and
nitrogen oxides, which with water vapors in the air
can cause acid rain.
Depletion of ozone layer
• The stratospheric ozone layer plays a significant role in
preventing excessive ultraviolet radiation to the surface
of the earth. The 1985 Vienna Convention（1985维也纳
公约） lays down a series of specific standards
concerning the production of chlorofluorocarbons (CFCs
氟利昂），which cause the destruction of the ozone
layer.
• In 1989,a further goal was set in Helsinki Declaration (赫
尔辛基宣言）that the production and consumption of
such harmful substances were to be phased out no later
than the year 2000.
Global warning
• As a consequence of excessive emission of greenhouse gases
such as carbon dioxide ,the strong effect of climate changes
upon the life of mankind has eventually aroused much concern.
• It can be found that the heightening of the sea level as a result
of the melting of glaciers on the Poles has posed much threat
to the people who are living in lowlands along seacoast.
• With the effort of many states , the UN Framework
Convention on Climate Change aims to ‘achieve
stabilization of greenhouse gases in the atmosphere at
a level that would prevent dangerous anthropogenic
interference with the climate system and such level
should be achieved within a timeframe sufficient to
allow ecosystems to adapt naturally to climate
change , to ensure food production is not threatened
and to enable economic development to proceed in a
sustainable manner.’
• In order to control pollution, most of the states
have accepted that the atmosphere covering the
globe should be considered as a whole, although
every state may claim the sovereign rights over
its airspace respectively. Moreover, the
atmosphere should be treated as a shared
resources for the purposes of environmental
protection.
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