THE WHAT, THE WHY, AND THE HOW EM410 UNIT 3 INTERNATIONAL ENVIRONMENTAL LAW

OVERVIEW FOR TONIGHT Unit 3 outcomes Basics of international environmental law Sources of environmental law Why do countries comply with international law First look at the mid-term assignment

Unit 3 Outcomes Historical development of international environmental law The general principles of international environmental law The basic rules and emerging standards of international environmental law The predominant issues and problems of compliance, implementation, and enforcement regarding international environmental law

International Stance on the Environment According to the International Court of Justice… 1.States are obligated to respect and protect the natural environment; moreover 2.States have a general obligation to ensure that activities within their jurisdiction or control respect the environment of other states or of areas beyond national control

International Legal Order The legal order provides a framework for states to work together to establish rules and to resolve differences Functions are similar to national law –Legislative – impose binding obligations that limit activities based on their impact –Administrative – allocates tasks to various actors to make sure that the rules imposed are being carried out –Adjudicative – resolve differences or disputes that arise in the international community that revolve around the use of natural resources or other activities the affect the environment

Sovereignty and Territory In the traditional legal order, states are sovereign and equal. Each has exclusive jurisdiction over its own territory and the natural resources that this includes. –Each state can develop their own laws regarding these resources and the environment in their territory This was straight forward until technological developments, and their environmental effects, were not conforming to these territorial boundaries Ecological interdependence causes a fundamental problem since no one state can address global environmental issues on their own

Greening of International Law States first acted once they started to see how industrial growth was affecting the environment –Most agreements during this period did not create legal obligations UN was created in 1945 –Many competent environmental organizations were formed –Provided a forum to discuss issues –1949 was first environmental conference (Conference on the Conservation and Utilization of Resources); recognized the UN’s competence in this area

Greening of International Law - Stockholm The 1972 Stockholm Conference began the third greening period Stockholm adopted 3 nonbinding instruments 1.Resolution on institutional and financial arrangements 2.Declaration of 26 guiding principles 3.Action plan with 109 recommendations for action These 3 instruments were the initial effort to develop strategies, policy, and law to protect the environment

Greening of International Law - Stockholm Most significant development for international environmental law was the creation of UNEP an has been instrumental in establishing and implementing several treaties UN Convention of the Law of the Sea (UNCLOS) is one of the most important yet overlooked agreements –Unique comprehensive framework to establish rules to protect the marine environment with provisions for impact assessments, tech sharing, and liability –Severed as a model for many other environmental agreements

Moving Ahead from Rio Planning for the 1992 Earth Summit in Rio saw a solid set of rules for international environmental law, but.. Environmental issues were not the main agenda items in the international community The Earth Summit in Rio begins our 4 th period in international environmental law where environmental concerns are integrated into all activities Environmental law merges with sustainable development

Key Outcomes from Rio Two treaties form the basis on international law in their respective fields through the adoption of protocols and arrangements for implementation. –Convention on Biological Diversity –UN Framework Convention on Climate Change Following Rio was the 1992 World Conference on Sustainable Development –Saw little progress on this topic –Calls into question whether a broad topic could provide the basis for future development of environmental law.

Questions so far? Legal Order Brief Explanation of the Evolution of International Environmental Law to the Present This first portion of the presentation was based on the content provided in the text Vig, N.J., Axelrod, R.S., & Downie, D.L. (2004). The global environment: Institutions, law, and policy (2 nd ed.). Washington, DC: CQ Press.

Sources of International Environmental Law Bilateral or multilateral treaties Binding acts of international organizations Rules of customary international law Judgments of an international court or tribunal

Treaties as a Source of Law One of the most important binding sources of international law Also known as conventions or protocols Can be bilateral, regional, or global –Thousands, dozens, a few The EU has adopted many regional treaties Less common in places such as Africa and the Caribbean

Acts of International Organizations Treaties create institutions with the power to adopt rules and make decisions These rules and decisions can provide a source of international law Referred to as secondary legislation Binding acts get their legal authority from the Treaty creating the organization Non-binding acts although could be relied upon reflecting a rule of customary law

Rules of Customary International Law Establishes obligations for all states except those that have persistently objected to a practice and its legal consequences If states operate in such a way “normally” because they thought the law required it, you have a customary law Must be widespread acceptance that the practices/obligations are indeed the norm

Judgments by Courts or Tribunal International case law can help to develop international environmental law Can also develop or enforce general principles

Questions? Sources of International Environmental Law This second portion of the presentation was based on the content provided in the text Vig, N.J., Axelrod, R.S., & Downie, D.L. (2004). The global environment: Institutions, law, and policy (2 nd ed.). Washington, DC: CQ Press.

Why do Countries Comply? For the most part, nations are not bound by international law unless they agree to be bound by the law What motivates nations to comply? What motivates nations to choose not to comply? Why is knowing this information important to the subject of international Law?

Motivations for Compliance Efficiency Sense of obligation Sense of belongingness Reputation (this weakens the higher the stakes) Fair and legit agreement –Clear and concise What about enforcement?

Questions? Why do nations choose to comply with international law? Why don’t nations comply with international law? Basis for the information provided in the portion of the presentation provided by: Crossen, Teall "Multilateral Environmental Agreements and the Compliance Continuum". Georgetown International Environmental Law Review. FindArticles.com. 28 Jun, Environmental Agreements and the Compliance Continuum

First Look at the Midterm Assignment for (Unit 5) Review the lists in the PDF and select two global environmental organizations/institutions –One IGO and one NGO (nongovernmental organization; –One treaty from the lists. Research and write a paper of 4-5 pages that addresses the following:

First Look at the Midterm Assignment for (Unit 5) Compare and contrast the developmental paths of the environmental organizations. What are the historical origins for each and how do they differ? How have historical events influenced the development, focus, and philosophy of these organizations? How do the philosophies, actions, and accomplishments of the two organizations reflect their differing histories?

First Look at the Midterm Assignment for (Unit 5) Explain and critique the development of the treaty selected. What are its historical origins? How did the treaty come into being? What have been the main influences on the treaty? How effective has the treaty been to date at accomplishing its intended objectives? What do you see as its strengths and its flaws?

That’s it for Tonight! Any final thoughts or questions? Thanks and see in you in the DB and next week’s seminar (same time, same place)