GE 2112 ENVIRONMENTAL LEGISLATION, POLICIES AND GOVERNANCE International Law and Environmental Protection

Environmental Law, Policy and Governance International Law and Environmental Protection

Background 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) 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) 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) 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) 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) 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) 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 International law = relationship between States International law is not directly enforceable in the 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 Environmental Law/Policy (1) Treaties –bind State in relations with other States 2. Customary International Law Implicit; Influence; Flexible Facilitative of development of principles of International environmental law Requires State practice + conviction that legally bound

Major Sources of Interantional Environmental Law/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 Environmental Law/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? Limited role of Court Depends on implementation and monitoring 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