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

2. Environmental Law, Policy and Governance
International Law and Environmental Protection

3. 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.

4. 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

5. 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

6. 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.’

7. 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.

8. 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)

9. 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

10. 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

11. 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

12. 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

13. 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.

14. 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?

15. 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

16. 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

17. 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

18. 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