Download The Importance of International Environmental Law

GE 2112 ENVIRONMENTAL
LEGISLATION, POLICIES AND
GOVERNANCE
1
INTERNATIONAL LAW
AND
ENVIRONMENTAL
PROTECTION
Environmental Law, Policy and
Governance
2
INTERNATIONAL LAW
AND
ENVIRONMENTAL
PROTECTION
Background
3
 Prior to the existence of environmental laws, the
environment was severely degraded.
 The need for regulation was seen necessary after the
tort law failed to protect the environment.
 Tragedy of the commons: Freedom in the commons
brings ruin to all.
 Free Rider: A profiting polluter and everyone else
pays to clean the environment.
The Importance of International
Environmental
Law
(1)
4
 Global environmental problems have global
/regional /national dimensions
 Environmental problems not contained within
national/territorial boundaries
 Environment is shared. Need to protect environment
is paramount in relationship between States
The Importance of International
Environmental
Law
(2)
5
 Transboundary and global environmental problems
require international regulation and solutions
 International agreements /treaties /conventions
establish standards
 International agreements have developed principles
of environmental law
 Recent focus on procedures and incentives to secure
compliance
How is International Environmental
Law, Policy/Governance
Evolved?
(1)
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 The Trail Smelter Case (USA v Canada) 1941
A neighbouring State has no right ‘to use or permit
the use of its territory in such a manner as to cause
injury by fumes in the territory of another or the
properties therein.’
 Serious harm and the ‘establishing of the facts
through
clear and convincing evidence.’
How is International Environmental
Law, Policy/Governance
Evolved?
(1)
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 United Nations Conference on the Conservation and
Utilisation of Resources (UNCCUR) 1949
Addressed global issues ; used economic concepts to
assess minerals, fuels and energy, water, forests and
land, wildlife and fish; conservation; new technologies
assessed; education strategies adopted; respective
economic situations of developed and developing
countries determined approach; integrated
development of river basins policy.
How is International Environmental
Law, Policy/Governance
Evolved? (2)
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 Conservation on Law of the Sea 1954
 Atmosphere 1955 – issue of nuclear testing = Test
Ban Treaties 1955
 International Maritime Organisation first met 1954
 1971 Ramsar Convention on Wetlands
 1972 Stockholm Convention on Human Environment
Use and Conservation
Action Plan; Declaration (26 Principles) – Principle 21
*
United Nations Environment Programme (UNEP)
How is International Environmental
Law, Policy/Governance
Evolved?
(3)
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 1987 World Commission on Environment and
Development Our Common Future Brundtland Report
Sustainable Development.
 1992 UN Conference on Environment and
Development - Rio – 176 States attended.
 Rio Declaration
 Convention on Biological Diversity
 Framework Convention on Climate Change
 Agenda 21
International vs. national
Environmental
law
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 International law = relationship between States
 International law is not directly enforceable in the
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
national legal system in the United Kingdom
Treaties need to be ratified by government
Need to be given effect by Parliament
Treaties are required to be given effect by
implementation of national legislation
Only then has international law direct application
Major Sources of Interantional
Environmental11Law/Policy (1)
Treaties –bind State in relations with other States
2. 2. Customary International Law
Implicit; Influence; Flexible
Facilitative of development of principles of
International environmental law
Requires State practice + conviction that legally bound
1.
Major Sources of Interantional
Environmental12Law/Policy (1)
3. Judicial Decisions – International Court of Justice
 Three cases heard per year
 Absence of binding precedent – binding inter partes
 Authority accepted by less than 1/3 of UN; Delay
International Lawyers opinions have considerable
influence on development of international law
Nuclear II case New Zealand v France [1995] ICJ Rep
288
States have responsibilities not to cause environmental
damage beyond national or jurisdictional boundaries
Major Sources of Interantional
Environmental13Law/Policy (2)
4.Soft Law (Advantages over binding law)
Declarations
 Consolidate
 Move principles towards customary status
 Reflect agreed international political aspirations
Principles
 Sustainable Development-duties to future
generations
 Common but differentiated responsibilities (climate)
Recommendations .
Standards.
How Effective are International
Environmental Law/Legislation?
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 Limited role of Court
 Depends on implementation and monitoring



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

provisions in each Treaty
Institutions
Procedures
NGO’s
Collating information
Liability compensatory regimes / hazardous
activities
Public participation new direction?
GLOBAL AIR-QUALITY
PROBLEMS (1)
 Acid rain; primary cause is SO2 and NOx emissions.
SO2 and NOx gases can be carried in the
atmosphere.
 Lakes on alkaline foundations like limestone will
buffer the harm of acid rain, lakes on granite
foundations will not buffer the acidity, and aquatic
life may die
GLOBAL AIR-QUALITY
PROBLEMS (2)
 Depletion of the Ozone Layer; the primary cause is
the use of chlorofluorocarbons, in refrigeration and
air conditioning. The Ozone layer blocks most of the
UV rays, which are harmful to all living organisms
including humans
GLOBAL AIR-QUALITY
PROBLEMS (3)
 Global Warming; The majority of scientists think it
would be devastating if the trend continues. Effects
can be a rise in sea levels, increasing frequency of
severe hurricanes, floods, and droughts, and the
extinction of plant and animal species. We already
witnessed some effects
SOLUTIONS TO HUMAN INDUCED
CLIMATE CHANGE
 The 1997 Kyoto Protocol: An attempt by the global
community to reduce greenhouse emissions by 2012
to 5.2% below 1990 level
 The protocol can not be enforced without the
ratification of developed countries
 In 2001, president Bush pulled out of the Kyoto
Protocol