Transcript Environmental Law

Environmental Law
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INTERNATIONAL LAW AND ENVIRONMENTAL
PROTECTION
International Environmental Law
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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
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 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
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 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?
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Development
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.’
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 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.
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 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
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United Nations Environment Programme (UNEP)
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 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
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 Relationship with national law
 International law = relationship between States
 International law is not directly enforceable in the
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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
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The Sources of International Law
 Hard and Soft Law
1. Treaties –bind State in relations with other States
2. 2. Customary International Law
Implicit; Influence; Flexible
Facilitative of development of principles of
International environmental law
Requires State practice + conviction that legally bound
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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
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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.
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 Effectiveness? No Enforcement Body
 Limited role of Court
 Depends on implementation and monitoring provisions
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in each Treaty
Institutions
Procedures
NGO’s
Collating information
Liability compensatory regimes / hazardous activities
Public participation new direction?