INTERNATIONAL LAW AND ENVIRONMENTAL PROTECTION

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Environmental Law

International Environmental Law2

The Importance of International Environmental Law

Regulation at international as opposed to national level

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

International Environmental Law3

Transboundary and global environmental problems

require international regulation and solutions International agreements /treaties

/conventionsestablish standardsInternational agreements have developed

principles of environmental lawRecent focus on procedures and incentives to

secure compliance

International Environmental Law4

What is international environmental law?How is it made?What forms does it take?What is the role of international

environmental law?How effective is international law in

protecting the environment?How is effect given to it in the nation State?How has it developed?

International Environmental Law5

DevelopmentThe Trail Smelter Case (USA v Canada) 1941A 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 theproperties therein.’Serious harm and the ‘establishing of the facts

throughclear and convincing evidence.’

International Environmental Law6

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.

International Environmental Law7

Conservation on Law of the Sea 1954Atmosphere 1955 – issue of nuclear testing = Test

Ban Treaties 1955International Maritime Organisation first met

19541971 Ramsar Convention on Wetlands1972 Stockholm Convention on Human

EnvironmentUse and ConservationAction Plan; Declaration (26 Principles) – Principle

21 *United Nations Environment Programme (UNEP)

International Environmental Law8

1987 World Commission on Environment and Development Our Common Future Brundtland

ReportSustainable Development.1992 UN Conference on Environment and Development - Rio – 176 States attended.Rio DeclarationConvention on Biological DiversityFramework Convention on Climate ChangeAgenda 21

International Environmental Law9

Relationship with national lawInternational law = relationship between StatesInternational law is not directly enforceable in the

national legal system in the United KingdomTreaties need to be ratified by governmentNeed to be given effect by ParliamentTreaties are required to be given effect by

implementation of national legislationOnly then has international law direct application

International Environmental Law10

The Sources of International LawHard and Soft Law1.Treaties –bind State in relations with other

States2.2. Customary International LawImplicit; Influence; Flexible Facilitative of development of principles of International environmental lawRequires State practice + conviction that legally

bound

International Environmental Law11

3. Judicial Decisions – International Court of JusticeThree cases heard per yearAbsence of binding precedent – binding inter

partesAuthority accepted by less than 1/3 of UN; DelayInternational Lawyers opinions have considerable influence on development of international lawNuclear II case New Zealand v France [1995] ICJ

Rep 288States have responsibilities not to cause

environmental damage beyond national or jurisdictional boundaries

International Environmental Law12

4.Soft Law (Advantages over binding law)DeclarationsConsolidateMove principles towards customary statusReflect agreed international political aspirationsPrinciplesSustainable Development-duties to future

generationsCommon but differentiated responsibilities

(climate)Recommendations . Standards.

International Environmental Law13

Effectiveness? No Enforcement BodyLimited role of CourtDepends on implementation and monitoring

provisions in each TreatyInstitutionsProceduresNGO’sCollating informationLiability compensatory regimes / hazardous

activitiesPublic participation new direction?