1. ENVIRONMENTAL LAW

2. 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

3. 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
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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

4. 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

5. 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

6. 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

7. 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