FACTORS THAT HINDER THE IMPLEMENTATION OF GLOBAL

ENVIRONMENTAL LAWS

SUBMITTED BY:

ANGELYN HASSAN

ALEXANDRA MONDARES

SUBMITTED TO:

MS. ROCHELL ASIS

ABSTRACT

“The ultimate aim of education is shaping behavior”, a quotation found in the pages 8 -12 of The

Journal of Environmental Education which was written by H.R. Hungerford and T. Volk (1990), influenced

the researchers to provide a context study.

The study was conducted to determine the factors that hinder the implementation of

environmental laws and to provide awareness and information to the readers. The information was

gathered through internet search engines and articles discussing environmental issues. In line with this,

researchers provided the known and proposed solutions for this issue.

STATEMENT OF THE PROBLEM

The researchers sought to answer the following:

1. What are the environmental laws implemented worldwide?

2. What are the possible factors that hinder the worldwide implementation of environmental

laws?

3. What are the known and proposed solutions to the problems encountered in implementing

these laws?

SIGNIFICANCE OF THE STUDY

The main purposes of this study are to unfold the significance of implementing environmental

laws, to provide awareness to the readers and context discussing the problems in implementing

environmental laws and its possible solutions and to promote sustainable development.

Moreover, researchers aim to know the possible causes and effects of the problems

encountered in implementing laws and empower the understanding, perspectives and responsibilities of

the readers towards environmental issues worldwide.

REVIEW OF THE RELATED LITERATURE

In a related article, Environmentalism properly understood is political; much of the movement

has focused on asserting particular rights to meaningful work, clean air and water, healthy land and

food, and a right to enjoy pristine areas of wilderness (Berry 1986; Berry 1990; Commoner 1990; Faber

1998; Shiva 1989, 2000). Since the 1960s, the environmental movement has produced significant

environmental legislation and policy by challenging two fundamental tenets of neoliberalism. First, the

environmental movement on the nation-state level has challenged the unimpeded exploitation of

environmental resources in the process of capital accumulation by requiring corporations to spend

billions of dollars cleaning up the air, water, and land (Chambliss 1993). Second, the environmental

movement on the nation-state level has provoked a clash between the expansionary logic of property

rights and personal rights by promulgating legislation that has required the protection of public air,

water and land, and non-human life (Bowles and Gintis 1987).

In addition, Ansel Adams claimed that at the enforcement stage, countries are unwilling to

enforce laws precisely because of maintaining the edge in competition. Capitalism and environmental

protection are joined in an awkward legal unification which leads to ineffective environmental

protection and poor realization of equity and medium of international direction- the law is inherently

bias towards economic interests and thus need to be re-formulated in order to give effective protection

for our planet. "It is horrifying that we have to fight our own government to save the environment."

Furthermore, Stewart Barr said, “People are not aware of what’s happening today. They

believed that it’s the nature’s way without even noticing the abnormalities happening in the process”.

“For 200 years we haven conquering nature, now we're beating it to death." Tom McMillan said,

Greenhouse Trap 1990.

GLOBAL ENVIRONMENTAL LAWS

Clean Air Act

The Clean Air Act (CAA) is the comprehensive federal law that regulates air emissions from stationary

and mobile sources. Among other things, this law establishes National Ambient Air Quality Standards

(NAAQS) to protect public health and public welfare and to regulate emissions of hazardous air

pollutants.

Clean Water Act

The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into

the waters of the United States and regulating quality standards for surface waters. The basis of the

CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was

significantly reorganized and expanded in 1972. "Clean Water Act" became the Act's common name

with amendments in 1977.

Energy Policy Act

The Energy Policy Act (EPA) addresses energy production in the United States, including: (1)

energy efficiency; (2) renewable energy; (3) oil and gas; (4) coal; (5) Tribal energy; (6) nuclear matters

and security; (7) vehicles and motor fuels, including ethanol; (8) hydrogen; (9) electricity; (10) energy tax

incentives; (11) hydropower and geothermal energy; and (12) climate change technology. For example,

the Act provides loan guarantees for entities that develop or use innovative technologies that avoid the

by-production of greenhouse gases.

United States Environmental Policy

The environmental policy of the United States is federal governmental action to regulate activities that

have an environmental impact in the United States. The goal of environmental policy is to protect the

environment for future generations while interfering as little as possible with the efficiency of

commerce or the liberty of the people and to limit inequity in who is burdened with environmental

costs. This policy grew mainly out of the environmental movement in the United States in the 1960s

and '70's during which several environmental laws were passed, regulating air and water pollution and

forming the Environmental Protection Agency (EPA).

Environmental acts such as above are enforced to prevent environment and natural resources

from destruction, to maintain its cleanliness and beauty, to avoid such calamities and to achieve

sustainable development that aims to meet human needs while preserving environment.

Environmental sustainability was given lately a focus by United Nations Organization (UNO). It is

one of the Millennium Development Goals to be completely achieved by 2020.

Target 7A: Integrate the principles of sustainable development into country policies and programs;

reverse loss of environmental resources

Target 7B: Reduce biodiversity loss, achieving, by 2010, a significant reduction in the rate of loss

o Proportion of land area covered by forest

o CO2 emissions, total, per capita and per $1 GDP (PPP)

o Consumption of ozone-depleting substances

o Proportion of fish stocks within safe biological limits

o Proportion of total water resources used

o Proportion of terrestrial and marine areas protected

o Proportion of species threatened with extinction

Target 7C: Halve, by 2015, the proportion of the population without sustainable access to safe

drinking water and basic sanitation

o Proportion of population with sustainable access to an improved water source, urban and rural

o Proportion of urban population with access to improved sanitation

Target 7D: By 2020, to have achieved a significant improvement in the lives of at least 100 million

slum-dwellers

o Proportion of urban population living in slums

Another obvious characteristic of global environmental law is its focus on the global

environment as a whole. Regional, national and local problems remain significant as components of

global environmental problems.

MAJOR FACTORS THAT HINDER IMPLEMENTATION:

1. NATIONS and GOVERNMENTS FAILURES:

Before the implementation of the environmental laws, certain procedures are being followed. The

government ensures that there is an enough budget to produce the laws as well as to host conferences

and negotiations with the conservation groups. Thus, these proponents make treaties with other

countries to promote these laws. However, these proponents are succeeding but nature is dying.

INADEQUATE POLITICAL COMMITMENTS AND POPULAR SUPPORT: Each nation has a priority to

maintain the effectiveness of the laws as well as to revise and renew in continuing basis yet nations lack

perspective because strict enacting of laws are not done. Consequently, the people didn’t take

obligations seriously.

2. SELF- DECISIONS - IGNORANCE OF LAW:

Environmental crimes are defined as Illegal acts such as Illegal wildlife trade, smuggling of Ozone

depleting substances, dumping and illicit trade in hazardous wastes, illegal fishing and logging that harm

the environment and yet people are never fond of doing these acts. Environmental laws are being

enforced but it’s not highly effective.

The process of engagement is commonly seen in governmental circles as a problem of awareness. In

line with this lack of awareness, ignorance of laws was such a very tremendous problem. Environmental

problems such as Climate change, Erosion, Floods, Acid Rains and etc have been increasing since

population and technology are rising.

Moreover, geographers and other social scientists are conducting studies due to the signs showing

the Earth’s destruction and these people have been far from absent in the debates surrounding the role

of knowledge and environmental action. The objective model of behavioral change termed by

MacNaghten and Jacobs (1997) explains that the people’s ignorance of the facts is the main reason why

inaction is possible. Same as Eden (1996, 1998) said, individuals rely on their own sensory organs to

construct opinions on environmental change which is why cooperation to the government’s policies is

merely impossible.

THE KNOWN SOLUTIONS

Somehow, there are still some initiatives taken by the world to improve environment.

1968- Biosphere, International Conference for rational use of Biosphere.

1971-Polluter's pays principle, stated by OECD.

1972- Conference on Human Environment- Stockholm, 1972 (Declaration that environment was

endangered.)

1977-Conference on Desertification

1981- World Health Assembly adopts a global strategy for health.

1982- UN Convention on the Laws of the Sea. (Provisions dealing with pollution of marine

environment.)

1984-International Conference on Environment and Economic

1985- Vienna Convention on Depletion of Ozone Layer (21 countries + European Community)

1987-Montrael Protocol on Substance that depletes the Ozone Layer-36 countries ratified it.

1989- The Basel convention- 100 countries signed it to control the Trans boundary movement of

hazardous waste and disposal.

1990-UN Summit for Children- environment for future.

1992 -Earth Summit- UNCED-Rio De Janiero. (World Economy and effects on World environment)

1992-UNFCCC- To combat global warming and stabilize GHG concentrations in the atmosphere.

1993- UN Commission on Sustainable Development. T(o enhance international co-operation and

rationalize intergovernmental decision making capacity.

1995- World Summit for Sustainable Development- Copenhagen (Clear commitment to eradicate

poverty)

1995- First Conference of parties (COP-1) to the CCC (170 nations ratified the convention)

Central issue - adequacy of commitments.

1996- ISO 1400- adopted as an international standard for corporate environment management systems.

1997- Kyoto Protocol- 159 nations attending COP-3 to the UNFCCC agreed to reduce worldwide

emissions of GHG. It also established emissions trading, joint implementations and clear development

mechanisms to encourage co-operative emission reduction projects between developed and developing

nations.

Some of the conservation organizations related to Environmental and Natural Resources Law

Environmental Law Institute

The Environmental Law Institute provides information services, advice, publications, training courses,

seminars, research programs and policy recommendations to engage and empower environmental

leaders the world over. ELI’s audience is leading environmental professionals in government, industry,

public interest groups and academia

Natural Resources Defense Council (NRDC)

NRDC is the nation's most effective environmental action organization. We use law, science and the

support of 1.3 million members and online activists to protect the planet's wildlife and wild places and

to ensure a safe and healthy environment for all living things.

United States Environmental Protection Agency (EPA) - Laws and Regulations

The mission of EPA is to protect human health and to safeguard the natural environment -- air, water

and land -- upon which life depends. A number of laws serve as EPA's foundation for protecting the

environment and public health. However, most laws do not have enough detail to be put into practice

right away. EPA is called a regulatory agency because Congress authorizes us to write regulations that

explain the critical details necessary to implement environmental laws. In addition, a number of

Presidential Executive Orders (EOs) play a central role in our activities.

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their

Disposal

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their

Disposal is the most comprehensive global environmental agreement on hazardous and other wastes.

Canadian Environmental Law Association (CELA)

The Canadian Environmental Law Association (CELA) is a non-profit, public interest organization

established in 1970 to use existing laws to protect the environment and to advocate environmental

law reforms.

Center for International Environmental Law (CIEL)

The Center for International Environmental Law (CIEL) is a nonprofit organization working to use

international law and institutions to protect the environment, promote human health, and ensure a

just and sustainable society.

Convention on Biological Diversity (CBD)

The Convention on Biological Diversity (CBD) entered into force on 29 December 1993. It has 3 main

objectives: 1. the conservation of biological diversity 2. The sustainable use of the components of

biological diversity 3. The fair and equitable sharing of the benefits arising out of the utilization of

genetic resources

Environment and Security (ENVSEC) Initiative

Peacefully resolving the overriding political, economic and social concerns of our time requires a

multifaceted approach, including mechanisms to address the links between the natural environment

and human security. UNDP, UNEP, OSCE, NATO, UNECE and REC have joined forces in the Environment

and Security (ENVSEC) Initiative to offer countries their combined pool of expertise and resources

towards that aim.

Environmental Law Alliance Worldwide (ELAW)

The Environmental Law Alliance Worldwide (ELAW) gives public interest lawyers and scientists the

training and resources they need to help communities protect the environment through law.

Environmental Law Foundation

The Environmental Law Foundation (ELF) is the national UK charity founded in 1992 that helps people

uses the law to protect and improve their local environment and quality of life. Through our network

of specialist lawyers and consultants across the UK, we provide free guidance and continuing support

to those in need of assistance.

European Commissioner for the Environment

The main role of the European Commission's Environment Directorate-General (DG) is to initiate and

define new environmental legislation and to ensure that agreed measures are put into practice in the

EU Member States.

European Union Environmental Laws The EU's environmental laws help protect against water, air and

noise pollution and control risks related to chemicals, biotechnology and nuclear energy within the

Union. The overall direction of EU environment policy is laid out in the latest action

program--"Environment 2010: Our Future, Our Choice." It concentrates on 4 priority areas: climate

change; nature and biodiversity; environment and health; and natural resources and waste. Also, an

Environment and Health Action Plan for 2004-2010 promotes a close relationship between health,

environment and research policy.

Intergovernmental Panel on Climate Change (IPCC)

The IPCC was established to provide the decision-makers and others interested in climate change with

an objective source of information about climate change.

Kyoto Protocol

The Kyoto Protocol is an international agreement linked to the United Nations Framework Convention

on Climate Change. The major feature of the Kyoto Protocol is that it sets binding targets for 37

industrialized countries and the European community for reducing greenhouse gas (GHG)

emissions .These amount to an average of five per cent against 1990 levels over the five-year period

2008-2012.

North American Agreement on Environmental Cooperation (NAAEC)

Since 1994, Canada, Mexico and the United States have collaborated in protecting North America's

environment through the North American Agreement on Environmental Cooperation (NAAEC). The

NAAEC came into force at the same time as the North American Free Trade Agreement (NAFTA) and

marks a commitment that liberalization of trade and economic growth in North America would be

accompanied by effective cooperation and continuous improvement in the environmental protection

provided by each country.

Ramsar Convention on Wetlands

The Convention on Wetlands of International Importance, called the Ramsar Convention, is an

intergovernmental treaty that provides the framework for national action and international

cooperation for the conservation and wise use of wetlands and their resources.

United Nations Environment Programme

The mission of the UN'S Environment Programme is: To provide leadership and encourage partnership

in caring for the environment by inspiring, informing, and enabling nations and peoples to improve

their quality of life without compromising that of future generations.

United Nations Framework Convention on Climate Change (UNFCCC)

Over a decade ago, most countries joined an international treaty -- the United Nations Framework

Convention on Climate Change (UNFCCC) -- to begin to consider what can be done to reduce global

warming and to cope with whatever temperature increases are inevitable. More recently, a number of

nations approved an addition to the treaty: the Kyoto Protocol, which has more powerful (and legally

binding) measures. The UNFCCC secretariat supports all institutions involved in the climate change

process, particularly the COP, the subsidiary bodies and their Bureau.

Vienna Convention to Protect the Ozone Layer

"The Vienna Convention for the Protection of the Ozone Layer" is a treaty on the framework for

international cooperation concerning the protection of the ozone layer, which was adopted in 1985

and entered into force in 1988. It provides observations, research and information exchange on the

ozone layer.

Bellona Foundation

The Bellona Foundation is an international environmental NGO based in Norway. Founded in 1986 as a

direct action protest group, Bellona has become a recognized technology and solution-oriented

organization with offices in Oslo, Brussels, Washington D.C., St. Petersburg and Murmansk. Altogether,

some 75 engineers, ecologists, nuclear physicists, economists, lawyers, political scientists and

journalists work at Bellona.

Biofuelwatch

Biofuelwatch actively supports the campaign for an EU moratorium on agro fuels from large-scale

monocultures. Agro energy monocultures are linked to accelerated climate change, deforestation, the

impoverishment and dispossession of local communities, bio-diversity losses, human rights abuses,

water and soil degradation, loss of food sovereignty and food security.

Conservation International

We imagine a healthy prosperous world in which societies are forever committed to caring for and

valuing nature for the long-term benefit of people and all life on Earth. Conservation International is

committed to helping societies adopt a more sustainable approach to development – one that

considers and values nature at every turn.

Conservation Law Foundation (CLF)

The Conservation Law Foundation (CLF) works to solve the most significant environmental challenges

facing New England. Since 1966, CLF's advocates have used law, economics and science to create

innovative strategies that conserve natural resources, protect public health and promote vital

communities in our region.

Earth Charter Initiative

“The Earth Charter Initiative” is an extraordinarily diverse, global network of people, organizations, and

institutions that participate in promoting and implementing the values and principles of the Earth

Charter.

Earth Island Institute

Earth Island Institute is a non-profit, public interest, membership organization that supports people

who are creating solutions to protect our shared planet.

Earth Policy Institute

The Earth Policy Institute (EPI) was founded in 2001 by Lester Brown, the founder and former

president of the Worldwatch Institute, to provide a plan of a sustainable future along with a roadmap

of how to get from here to there. EPI works at the global level simply because no country can fully

implement a Plan B economy in isolation. EPI’s goals are (1) to provide a global plan (Plan B) for moving

the world onto an environmentally and economically sustainable path, (2) to provide examples

demonstrating how the plan would work, and (3) to keep the media, policymakers, academics,

environmentalists, and other decision-makers focused on the process of building a Plan B economy.

Environmental Foundation for Africa (EFA)

The Environmental Foundation for Africa (EFA) aims to protect and restore the environment in West

Africa. For over 15 years, EFA has led: * environmental education (EE) and awareness raising

campaigns; * restored degraded lands and conserved pristine forests; * minimized the impacts of civil

war on the environment and its inhabitants and; * equipped thousands of people with sustainable

livelihood skills such as agroforestry.

Environmental Investigation Agency

The non-profit Environmental Investigation Agency is an international campaigning organization with

offices in Washington, DC, and London, UK. Since 1984, EIA has used pioneering investigative

techniques to expose environmental crimes and campaign against illegal wildlife trade and threats to

our global environment.

Forests and the European Union Resource Network

FERN is a non-governmental organization (NGO) created in 1995 to keep track of the European Union’s

involvement in forests and coordinate NGO activities at the European level. Our work centers on

forests and forest peoples’ rights and the issues that affect them such as trade and investment and

climate change. All of our work is done in close collaboration with social and environmental

organizations and movements across the world. The name FERN was chosen because ferns are one of

the few species that grow in all forests.

Friends of Nature

With over 500,000 members in 50 member and partner organizations, the Friends-of-Nature

movement, founded in 1895, is one of the largest non-governmental organizations (NGOs) worldwide.

Our work is focused on shaping the sustainable development of our societies.

Friends of the Earth International

We are the world's largest grassroots environmental network and we campaign on today's most

urgent environmental and social issues. We challenge the current model of economic and corporate

globalization, and promote solutions that will help to create environmentally sustainable and socially

just societies.

Greenpeace International

Greenpeace exists because this fragile earth deserves a voice. It needs solutions. It needs change. It

needs action. Greenpeace is an independent global campaigning organization that acts to change

attitudes and behavior, to protect and conserve the environment and to promote peace.

International Environment House (IEH)

The International Environment House (IEH) gathers under a common roof a range of United Nations

and non-governmental organizations active in the field of environment and sustainable development.

International Institute for Sustainable Development

The institute champions global sustainable development through innovation, research and

relationships that span the entire world. It is devoted to the ongoing communication of its findings as it

engages decision-makers in business, government, non-government organizations and other sectors.

International Union for Conservation of Nature (IUCN)

IUCN, the International Union for Conservation of Nature, helps the world find pragmatic solutions to

our most pressing environment and development challenges. It supports scientific research, manages

field projects all over the world and brings governments, non-government organizations, United

Nations agencies, companies and local communities together to develop and implement policy, laws

and best practice.

Nature Conservancy

Welcome to The Nature Conservancy — the leading conservation organization working around the

world to protect ecologically important lands and waters for nature and people.

NatureServe

NatureServe is a non-profit conservation organization whose mission is to provide the scientific basis

for effective conservation action. NatureServe and its network of natural heritage programs are the

leading source for information about rare and endangered species and threatened ecosystems.

Nicodemus Wilderness Project

The Nicodemus Wilderness Project was founded because of the need for environmental restoration,

stewardship, and protection of neglected public lands. Our organization coordinates volunteer events

worldwide that utilize the resources of the community to provide long-term environmental benefits

for natural areas

Stockholm Environment Institute

SEI is an independent international research institute. We have been engaged in environment and

development issues at local, national, regional and global policy levels for more than 20 years. The

Institute was formally established in 1989 by the Swedish Government and celebrated its 20th

anniversary in October 2009. SEI has established a reputation for rigorous and objective scientific

analysis in the field of environment and development. Our goal is to bring about change for sustainable

development by bridging science and policy. We do this by providing integrated analysis that supports

decision makers.

World Business Council for Sustainable Development

Our mission is to provide business leadership as a catalyst for change toward sustainable development,

and to support the business license to operate, innovate and grow in a world increasingly shaped by

sustainable development issues.

World Resources Institute (WRI)

WRI works with business partners, governments and civil society to confront today’s most urgent

environmental challenges. We have over 50 active projects working on aspects of global climate

change, sustainable markets, ecosystem protection, and environmentally responsible governance.

Worldwatch Institute

Worldwatch Institute delivers the insights and ideas that empower decision makers to create an

environmentally sustainable society that meets human needs. Worldwatch focuses on the 21st-

century challenges of climate change, resource degradation, population growth, and poverty by

developing and disseminating solid data and innovative strategies for achieving a sustainable society.

Finally, changing global perceptions are arguably at the root of behavioral changes by

multinational corporations. Multinational corporations can become a focus of global protests by

environmental and human rights activists. This exposure has put pressure on multinational

corporations to improve their behavior. Parallel growth of non-binding environmental commitments,

declarations and other international instruments has had similar effects. These helped to reinforce

worldwide recognition of environmental values.

At the most basic level, expose newcomers not only to domestic law but also to the principal

approaches to environmental regulation that are emerging around the world. At its extreme, such

agreements in each party commits in achieving shared environmental goals.

THE PROPOSED SOLUTIONS

Researchers believed that the significance of the environment through a revolution exhibiting

changes, starting from your own. Seminars are promoting to start changes from using reusable bags,

cleaning houses, separating wastes in non-biodegradable and biodegradable, restraining from using

sprayers containing Chlorofluorocarbons that destroy Ozone layer. People must be provided with

awareness and contexts such as Research studies.

According to experts there are two major approaches to slowing the buildup of greenhouse gases.

First, reduce the consumption of fossil fuels making greenhouse gas emissions reduced. The other is

carbon capture or carbon sequestration. Carbon dioxide is stored in a carbon component, preventing it

from reaching the atmosphere. An old practice, planting trees, is also effective to soak up a great deal of

carbon dioxide, producing more oxygen.

Moreover, these are the solutions to environmental degradation. However, the process of Earth’s

destruction cannot be stop but it can be minimized. The governments must approach and promote

aspirations to their own nation to gain cooperation. Policies must strengthen the punishment of every

violator. Strictness is necessary on this situation since people do not have fear and not aware of their

mistakes.

Every import and export industry should be checked well to fight smuggling and illegal trade of

wildlife. Endangered species should be provided with protection and breeding houses to increase their

species. Such environmental crimes needed to be watched carefully.

Countries should join international groups such as United Nations so that the poor countries will

gain knowledge, treaties with other countries and make efforts to this issue. And most of all, people

must be responsible and have an initiative to work on one goal: providing Earth a protection and care.

ACKNOWLEDGMENTS

The researchers have the greatest privilege of expressing out heartiest thanks to the following:

Faculty and staffs of St. Clare Science High School, for giving the researchers a good quality of

education

Ms. Rochell B. Asis, for teaching, guiding and showing the researchers how environment needs

research

Readers who served as the inspiration in doing such descriptive and informative research

Above all, God, for letting the wisdom, knowledge and strength pour down to everyone