ge 2112 environmental legislation, policies and governance
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Environmental Law, Policy and Governance International Law and Environmental ProtectionTRANSCRIPT
GE 2112 ENVIRONMENTAL LEGISLATION, POLICIES AND GOVERNANCE
International Law and Environmental Protection Environmental Law,
Policy and Governance
International Law and Environmental Protection 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. 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 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 How is International
Environmental Law, Policy/Governance Evolved? (1)
The Trail Smelter Case (USA v Canada) 1941 A neighbouring State has
no rightto 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. 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
developmentof river basins policy. 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) 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 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 Major Sources of Interantional
Environmental Law/Policy (1)
Treaties bind State in relations with other States 2. Customary
InternationalLaw Implicit; Influence; Flexible Facilitative of
development of principles of International environmental law
Requires State practice + conviction that legally bound 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 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. How Effective
are International Environmental Law/Legislation?
Limited role of Court Depends on implementation and monitoring
provisions in each Treaty Institutions Procedures NGOs Collating
information Liability compensatory regimes / hazardous activities
Public participation new direction? 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
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 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 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