ENVIRONMENTAL LAW

Early history of Environmental Law United States v. Canada, 1941 A Canadian company built a lead and zinc smelting company in Trail, British Colombia, 10 miles of the U.S. border Some of the emissions were being carried down the Columbia River Valley and caused damage to land and property in Washington Canada agreed to pay for damages The U.S. submitted a question, whether the Trail Smelter should be required to refrain from causing damage in the state of Washington

Trail Smelter Case (cont.) International arbitration tribunal, 1941 Contemplation: There is no previous case of air pollution tried by an international tribunal There is a statement by professor Eagleton in 1928:”A state owes at all times a duty to protect other states against injurious acts by individuals from within its jurisdiction” There are some rulings by the U.S. Supreme Court => These provide an adequate basis for the conclusion that, under the principles of international law, no state has the right to use or permit the use of its territory in such a manner as to cause injury to another state

Environmental Law today International Law Experts’ statements > court rulings > general principles > general practices > international conventions Nowadays there are several conventions on environmental issues EU Law Treaties, regulations, directives National Law Must be in line with the EU Law (member states) and with the int. conventions the country has signed

Finland: Environmental Protection Act Based on the EU Directive 96/61/EC Integrated pollution prevention and control (IPPC) Targets Minimising of pollution and generation of waste Improve opportunities of general public to influence environmental decision-making Economic, social and environmental benefits of sustainable development ”Polluter pays” principle

Finland: Act on Environmental Impact Assessment Procedure All major projects possible to endanger the natural environment must be assessed before allowed to continue Environmental impacts Public access to information Emissions must be limited to the levels obtainable by using Best Available Techniques 15 ELY Centres (Centre for Economic Development, Transport and the Environment) Monitor the state of environment Regional State Administrative Agencies Resolve applications

Finland: Nature conservation Act Objective is to protect biological diversity Support the sustainable use of the natural environment and natural resources Natural conservation programmes Nature reserves Natural monuments and conservation of habitat types Landscape conservation and protection of species Protection of forests