International Law: Unit 7 Environmental Law Mr. Morrison Fall 2005

Law of the Sea

Fall 2005 International Law: Unit 7 Environmental Law3 Law of the Sea Traditional law was customary Freedom of the High Seas 3 (or 12) mile limit for territorial waters Issues regarding fisheries Continental shelf claims

Fall 2005 International Law: Unit 7 Environmental Law4 Law of the Sea 1958 Geneva Conventions on the Law of the Sea Left many questions unanswered 1960 Conference failed Law of the Sea Conference,

Fall 2005 International Law: Unit 7 Environmental Law5 Law of the Sea Convention Waters Internal (inside base lines) Coastal State has same rights as on land Territorial (up to 12 miles from base lines) Coastal State has sovereignty Right of innocent passage

Fall 2005 International Law: Unit 7 Environmental Law6 Law of the Sea Convention Exclusive Economic Zone (200 miles) Coastal State has economic rights over fisheries, etc. Otherwise High Seas rules apply High Seas Only “flag State” controls ships Special rules for straits and archipelagos

Fall 2005 International Law: Unit 7 Environmental Law7 Subsurface Under territorial waters—sovereignty Continental shelf Out to 200+ miles Coastal State has control of resources Beyond Continental Shelf Seabed authority This was “sticking point” for US

Fall 2005 International Law: Unit 7 Environmental Law8 Law of the Sea Convention Rules for States with neighboring or opposite coasts

Fall 2005 International Law: Unit 7 Environmental Law9 Law of the Sea Convention Provisions for environmental protection Adoption of environmental treaties by reference Provisions for fisheries conservation Straddling stocks and Highly Migratory Species Dispute resolution International Tribunal on Law of the Sea Other dispute resolution mechanisms

Environmental Law

Fall 2005 International Law: Unit 7 Environmental Law11 Traditional environmental law A State may not allow its territory to be used to cause significant environmental harm to another State Trail Smelter arbitration Based on principles of State Responsibility

Fall 2005 International Law: Unit 7 Environmental Law12 Problems with traditional approach Only remedies point-to-point problems (e.g., smoke), not “global” problems (affecting all parties) Doesn’t provide standards

Fall 2005 International Law: Unit 7 Environmental Law13 Modern approach Two major declarations Stockholm Declaration on the Human Environment (1972) Rio Declaration on Environment and Development (1992)

Fall 2005 International Law: Unit 7 Environmental Law14 Principles of international environmental law Good neighborliness Preventive Precautionary Best available practices Polluter pays Sustainable development Common, but differentiated, responsibility

Fall 2005 International Law: Unit 7 Environmental Law15 Treaties to implement these principles in various areas Air Convention on Long Range Transboundary Air Pollution (European) Protocols on SO2, Heavy metals, NOxides, etc. Atmosphere Vienna Convention on the Ozone Layer Montreal and other Protocols

Fall 2005 International Law: Unit 7 Environmental Law16 Treaties (cont’d) Atmosphere (cont’d) Framework Convention on Climate Change Kyoto protocol Wildlife and biodiversity Whaling Convention Convention on International Trade in Endangered Species (CITES)

Fall 2005 International Law: Unit 7 Environmental Law17 Treaties (cont’d) Wildlife and biodiversity Biodiversity Convention Cartenaga Protocol on Biohazards Deserts UN Framework Convention on Desertification Wetlands Ramsar Convention

Fall 2005 International Law: Unit 7 Environmental Law18 Treaties (cont’d) Hazardous Wastes and Activities Basel Convention on Hazardous Waste Convention on Industrial Accidents Procedural treaties

Fall 2005 International Law: Unit 7 Environmental Law19 Common elements of treaties Framework conventions First step is identify problem and committing to study and remedy it Implementation through Protocols Second step is to make specific rules Ratified like a convention Technical Annexes (Appendices, Schedules) Note method of adoption

Fall 2005 International Law: Unit 7 Environmental Law20 Common aspects of treaties (cont’d) Institutionalization Meetings of parties (MOPs and COPs) Secretariats Compliance Use of “compliance” not “enforcement” Financial incentives for compliance

Fall 2005 International Law: Unit 7 Environmental Law21 Major issues Trade-off between environment and development (the Rio Conference issue) Trade-off between environment and economic interests (the Kyoto issue)