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?