International Environmental Law Overview

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Questions and Answers

Which of the following best defines international environmental law?

  • International law relevant to environmental problems. (correct)
  • Law governing private business practices.
  • Regulations focused solely on climate change.
  • A body of law that is exclusively public.

How does the 1972 Stockholm Declaration relate to the definition of environment?

  • It refers to natural resources including air, water, land, flora, and fauna. (correct)
  • It emphasizes the importance of human health in environmental matters.
  • It provides a detailed legal definition of the environment.
  • It limits environmental considerations to cultural aspects.

What was the ICJ's key perspective on the environment in its advisory opinion regarding nuclear weapons?

  • The environment is a mere abstraction without significance.
  • Human economic activities do not impact the environment.
  • The environment encompasses the quality of life and health of human beings. (correct)
  • The environment should primarily be defined by international treaties.

What was one of the core themes of the Rio+20 Conference on Sustainable Development?

<p>Green economy (C)</p> Signup and view all the answers

Which document emerged from the Rio+20 Conference outlining future sustainable development goals?

<p>The Future We Want (B)</p> Signup and view all the answers

In the context of the Chagos Island case, how did the UK define its sovereign rights concerning marine protected areas?

<p>As unrelated to environmental protection. (A)</p> Signup and view all the answers

Which of the following SDGs focuses specifically on combating climate change?

<p>Goal 13 (B)</p> Signup and view all the answers

What does the term 'environment' imply according to the legal perspective discussed?

<p>External conditions affecting the quality of life and health of organisms. (C)</p> Signup and view all the answers

What significant shift occurred during the UN SD Summit in 2015?

<p>Shift towards implementation and developmental concerns (B)</p> Signup and view all the answers

Which goal aims at sustainably managing terrestrial ecosystems and combating desertification?

<p>Goal 15 (C)</p> Signup and view all the answers

Which of the following best describes the sources of international environmental law?

<p>Customary international law and international treaties (A), Soft law and customary international law (B)</p> Signup and view all the answers

What is a key aspect of state sovereignty in international law?

<p>Jurisdiction over territory with non-intervention duty (A)</p> Signup and view all the answers

What significant international event marked the transition to the 'modern era' of environmental law?

<p>The Stockholm Conference in 1972 (A)</p> Signup and view all the answers

Which approach focuses on state sovereignty in relation to environmental issues?

<p>Resource-oriented approach (A)</p> Signup and view all the answers

What is a characteristic of the 'post-modern era' of international environmental law?

<p>Increased deterioration of the global environment (C)</p> Signup and view all the answers

Which of the following is NOT considered a formal source of international environmental law?

<p>Droit dérivé (B)</p> Signup and view all the answers

What principle was established during the Trail Smelter Arbitration?

<p>No harm principle (C)</p> Signup and view all the answers

Which of the following aspects is crucial for addressing global environmental challenges?

<p>Effective collaboration among states and organizations (C)</p> Signup and view all the answers

What was the primary focus of the UNCED Preparatory Committee in 1991?

<p>Undertaking effectiveness surveys for treaty implementation (D)</p> Signup and view all the answers

Which agreement specifically addresses public access to environmental information?

<p>Aarhus Convention (C)</p> Signup and view all the answers

What was a significant outcome of the Rio Conference in 1992?

<p>The creation of the UN Commission for Sustainable Development (B)</p> Signup and view all the answers

What does Goal 7 of the Millennium Development Goals focus on?

<p>Ensuring environmental sustainability (A)</p> Signup and view all the answers

What was a common concern expressed during the Rio Conference?

<p>Conflicts between industrialized and developing nations (A)</p> Signup and view all the answers

What phenomenon describes the risk posed by the existence of numerous environmental agreements?

<p>Fragmentation (D)</p> Signup and view all the answers

Which initiative was introduced to improve compliance with environmental treaties in the 1990s?

<p>Non-adversarial compliance controls (B)</p> Signup and view all the answers

What goal was set regarding biodiversity loss by the year 2010?

<p>To achieve a significant reduction in the rate of loss (B)</p> Signup and view all the answers

How many non-governmental organizations are registered as observers in the current international law-making processes?

<p>Over 1,400 (C)</p> Signup and view all the answers

What was a notable outcome of the Johannesburg Summit in 2002?

<p>The Political Declaration and Plan of Implementation (C)</p> Signup and view all the answers

What was a significant outcome of the UN Conference on the Human Environment in 1972?

<p>Creation of the United Nations Environment Programme (UNEP) (B)</p> Signup and view all the answers

Which principle was highlighted in the Stockholm Declaration regarding state resources?

<p>States have the right to exploit their resources but must avoid causing environmental damage to others. (B)</p> Signup and view all the answers

What was the primary focus of international organizations post-1946 in relation to environmental issues?

<p>Broader environmental concerns, including causes of pollution from hazardous activities. (A)</p> Signup and view all the answers

What event raised awareness about the interconnection between poverty and environmental pollution, highlighted in the context of developing countries?

<p>The 1972 Stockholm Conference. (C)</p> Signup and view all the answers

Which statement about the role of Third World countries in environmental accords after the Stockholm Conference is accurate?

<p>They actively participated and challenged previous assumptions. (C)</p> Signup and view all the answers

What innovative law-making technique was first seen in the 1976 Barcelona Convention?

<p>Framework-protocols. (A)</p> Signup and view all the answers

What major social and environmental concern did the 1962 publication 'Silent Spring' address?

<p>The effects of pesticide use on the environment. (B)</p> Signup and view all the answers

Which of the following conventions was established to protect migratory species?

<p>1979 Migratory Species Convention (C)</p> Signup and view all the answers

What does the principle of 'permanent sovereignty over natural resources' refer to?

<p>States are responsible for using their resources for national development and well-being. (C)</p> Signup and view all the answers

Which catastrophic event catalyzed changes in environmental awareness during the late 20th century?

<p>The Chernobyl nuclear disaster. (D)</p> Signup and view all the answers

Which of the following statements about the response of international law to environmental matters from Stockholm to Rio is true?

<p>International environmental law-making faced challenges but did not see significant arbitration. (A)</p> Signup and view all the answers

Which of the following was a key principle articulated during the earliest international environmental conference?

<p>Development and environmental protection are in conflict. (C)</p> Signup and view all the answers

What was a common goal of the international norms established post-Stockholm regarding environmental protection?

<p>To create framework-protocols that align regulations globally. (B)</p> Signup and view all the answers

Flashcards

International Environmental Law

The body of international law related to environmental problems, including both public and private law.

Definition of Environment

All external, physical and biological conditions where organisms live; includes social, cultural, economic and political factors, along with natural resources like climate and food.

Ecosystem Approach

In environmental law, the idea of looking at how parts of nature work together—not solely on isolated components.

Environment Definition Approaches

Methods used to define 'environment' in international law; can involve scientific categories, broad undefined use or defining it in specific legal contexts.

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Legal Definitions Variation

International agreements sometimes don't explicitly define 'environment' using broad terms like 'life or health' or specific resource categories.

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State Sovereignty

A state's right to exclusive control over its territory and resources.

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Transboundary Pollution

Pollution that crosses international borders, affecting multiple countries.

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No Harm Principle

A principle of international law asserting that a country should not cause harm to another country's territory or resources.

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International Organizations

Groups of countries working together on specific global issues, often formed through treaties.

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Customary International Law

Rules of international law developed from consistent state practice and accepted as law.

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International Treaties

Agreements between countries that outline specific commitments related to environmental protection.

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Sustainable Development

Development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

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UNCLOS (1982)

The first comprehensive international treaty regulating a global environmental issue, covering the use and protection of the oceans.

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Treaty Implementation Gap

The difference between what a treaty aims to achieve and its actual on-the-ground effectiveness.

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Non-Adversarial Compliance

A newer approach to international environmental law that focuses on cooperation and problem-solving rather than punishment.

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Civil Society Role in International Law

The increasing participation of NGOs and individuals in shaping and implementing international environmental law.

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Rio Declaration (1992)

A cornerstone document establishing principles for sustainable development, including the 'precautionary principle' and the right to development.

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Agenda 21

The Rio Conference's action plan for sustainable development, encompassing economic, social, and environmental aspects.

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UNFCCC

The United Nations Framework Convention on Climate Change, aiming to stabilize greenhouse gas concentrations in the atmosphere.

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Millennium Development Goals (MDGs)

Eight goals adopted by the UN in 2000 to address global challenges like poverty, hunger, and environmental sustainability.

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Johannesburg Summit (2002)

A follow-up to the Rio Conference, aiming to strengthen commitments to sustainable development and create partnerships.

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Public-Private Partnerships (SD)

Collaborations between governments, businesses, and NGOs to achieve sustainable development goals.

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Rio+20 Conference

A UN conference in 2012 focusing on sustainable development, aiming to balance environmental protection and economic development.

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The Future We Want

The outcome document of the Rio+20 Conference, outlining a vision for a sustainable future through cooperative action between countries.

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UN Sustainable Development Summit (2015)

A UN summit where the 2030 Agenda for Sustainable Development, including the 17 Sustainable Development Goals (SDGs), was adopted.

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SDGs (Sustainable Development Goals)

17 goals with specific targets that aim to achieve a sustainable future by 2030, addressing challenges like poverty, inequality, climate change, environmental protection, and more.

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Shift towards implementation

The focus on moving from simply agreeing on goals to actually taking action and making progress towards achieving the Sustainable Development Goals.

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Stockholm Declaration on the Human Environment

A fundamental document outlining principles for international environmental protection, adopted at the 1972 UN Conference on the Human Environment.

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Principle 21 of Stockholm Declaration

States have the sovereign right to exploit their resources, but must avoid harming the environment of other states.

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UN Conference on the Human Environment (1972)

First major UN conference globally focusing on environmental issues, resulting in the Stockholm Declaration and other agreements.

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Stockholm Declaration

1972 document outlining principles for international environmental protection

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MEAs

Multilateral Environmental Agreements

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Shared Natural Resources

Waterways, air, etc. that are shared by more than one state

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UN Environment Programme (UNEP)

A specialized agency of the UN to promote and coordinate environmental protection.

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Permanent Sovereignty over Natural Resources

States' right to control and use their own natural resources for national development and people's well-being

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Stockholm, 1972

Year and location of the first UN Conference on the Human Environment

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Principle of co-operation (environmental law)

States work together to protect shared resources and address environmental issues

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Normative innovation in International Law

Introduction of new ways of thinking about and managing the relationship between economic development and the environment.

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Bering Sea Fur Seal Arbitration (1893)

Early case that established principles of state responsibility for regulating exploitation beyond national jurisdiction.

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Torrey Canyon oil spill

Major oil spill, a turning point in public awareness of pollution.

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Developing/Developed States divide

Difference in viewpoints of international cooperation and environmental protection by countries that are 'developed' versus those that are 'developing'.

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Study Notes

What is International Environmental Law?

  • International environmental law encompasses all international law relevant to environmental issues, both public and private
  • It defines the environment as the complete range of conditions, both physical and biological, crucial for an organism's survival, including social, cultural, (economic and political considerations for humans), and factors like oil, climate, and food supply.
  • Some international agreements, like Article XX(b) and (g) of the GATT, focus on human, animal, and plant life and health rather than the environment.
  • The 1972 Stockholm Declaration didn't define the environment formally.
  • Other legal instruments highlight the environment as the living space, essential for quality of life and health, for current and future generations.

The Subjects of International Law

  • States are primary subjects of international law and manage environmental matters within their territories.
  • International organizations, like the World Meteorological Organization (WMO) and Food and Agriculture Organization (FAO), play significant roles.
  • Specialized bodies of organizations and fora, created by treaties, are also part of the international framework for environmental action.
  • Individuals, groups, and NGOs play crucial roles in influencing environmental policies and actions.
  • Private sector actors, also engage in influencing and taking action.

The Sources of International Environmental Law

  • International law has customary elements and principles,
  • Treaties are formal agreements on environmental matters.

Post 1946 International Environmental Law

  • International organizations played increasingly important roles in addressing environmental problems.
  • Environmental concerns expanded beyond resource protection to include ultra-hazardous activities and pollution.
  • Growing awareness of links between economic development and environmental protection emerged.
  • International law began considering common values and objectives of the international community as a whole.

The Phases Of International Environmental Law

  • "Traditional Era" to the 1972 Stockholm Conference.
  • "Modern Era" from that conference to the 1992 Rio Conference.
  • "Post-Modern Era" following Rio.

Initial Approaches to International Regulation of Environmental Problems

  • The Trail Smelter Arbitration (1941) established a foundation for addressing transboundary environmental pollution.
  • The Lake Lanoux Arbitration (1957) also addressed transboundary pollution using watercourses.
  • The Principle of Co-operation, based on mutual respect, cooperation, and assistance, became a key factor in international environmental policy.

Normative Innovation

  • The broadening international environmental law-making agenda
  • Growing awareness to eco-disasters (Torrey Canyon, Minamata, Seveso, Bhopal, Chernobyl)
  • Publication of key works (Rachel Carson's Silent Spring, Club of Rome's Limits to Growth).

The Stockholm Conference

  • The 1972 Stockholm Conference was a landmark moment, leading to the Stockholm Declaration, and action plan
  • It led to the establishment of the United Nations Environment Programme (UNEP).
  • It was important because it drew attention to environmental issues as global challenges, and recognized the importance of principles such as the "sovereign right" and "responsibility" to protect the environment.

Río Conference (1992)

  • UNCED
  • UN Charter of Nature and UNGA Resolution 37/7 are key documents
  • Comprehensive regulation of a "global environmental issue" like UNCLOS 1982.

Post-Modern Environmental Law

  • Challenges arise from the gap between agreements and effective implementation.
  • This era also focused on implementation and addressing concerns about the relationship between environmental and developmental concerns.

Coping With The Implementation Gap

  • Growing participation of civil society in environmental regulatory processes.
  • International legal frameworks began to incorporate consideration of civil society concerns.

The Rio+20 Conference

  • A significant event aimed at moving beyond discussion to focus on detailed sustainable development plans, recognizing economic and social development are intertwined.

The UN Sustainable Development Goals

  • The 2030 Agenda (UN GA) emphasizes the 17 Sustainable Development Goals that aim to address issues such as poverty, hunger, environmental sustainability, and others.

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