International Law vs Municipal Law Quiz

International Environmental Law

• International Law is a set of customary and conventional rules binding on civilized nations in their relations with each other.
• Municipal Law is the domestic or internal law of a sovereign state, including state, provincial, territorial, regional, or local law. It applies only within that particular part of the country.
• International Law is primarily concerned with relations among states, whereas Municipal Law controls relations between individuals within a state and between individuals and the state.
• International law derives from the collective will of states; its subjects are states themselves, and its subject matter is the relations between states.
• Domestic law comes from the will of the sovereign or state, its subjects are the individuals within the state, and its subject matter is the relations of individuals with each other and with the government.
• The sources of International Environmental Law may be classified into five categories: International Conventions, International Customs, General Principles of law, Decisions of Judicial or Arbitral Tribunals and Juristic work, and Decisions of determinations of the organs of international institutions.
• Current international environmental law is a relatively new branch, expanding dramatically in recent years, particularly since the United Nations Conference on the Human Environment in 1972.
• International environmental law often struggles to implement objectives, even when effective treaty regimes exist.

Religious and Philosophical Perspectives

• Religious texts often advocate for environmental protection.
• Judeo-Christian traditions emphasize stewardship/use, not ownership.
• Vedic literature (from around 1500 BC) views nature as expressions of the divine, emphasizing balance and man's obligations to the environment.
• Rig Veda discusses five elements of the universe (Earth, Water, Air, Fire, Space) and emphasizes the importance of preserving these elements.
• Yajur and Atharvana Vedas propose reverence for Earth as the Mother and promote preserving its resources.
• Many indigenous religions also contain precepts promoting respect for all life and avoiding waste and harm.

Historical Development

• The 1902 Convention for the Protection of Birds Useful to Agriculture was the first global convention to enter into force for wildlife protection.
• Early boundary waters treaties and agreements contained steps to reduce water pollution, as protection required cooperation.
• Some genuinely ecological approaches to environmental protection arose in the 1930s and 1940s.
• The Trail Smelter arbitration case helped establish principles for transboundary pollution.
• The Corfu Channel case stated that "no state may utilize its territory contrary to the rights of other states."

The 1970s

• Growing concerns about environmental issues, prompted action
• Increased use of supertankers, marine pollution
• The 1967 'black tides' disaster and the grounding of the Torrey Canyon.
• The 1972 Stockholm Conference laid the groundwork for more international cooperation on environmental issues.
• World recognized that environmental challenges need international cooperation.

Post-Second World War II

• The international community responded to specific environmental threats and expanded economic activities after World War II.
• First efforts to combat marine pollution during the 1950s.
• Utilization of nuclear energy prompted international regulations.
• 1963 ban on nuclear weapons in atmosphere, outer space, and underwater.
• 1986 Chernobyl disaster.

International Law and Organizations

• A large number of international institutions have arisen since 1970 working on environmental issues, including IGOs, NGOs, and local/national organizations.
• There is no central international authority for environmental issues; sovereign states have been willing to give some authority to UN and other entities.
• International courts and their environmental rulings are rare.
• International regulation of environmental law is increasingly being made by a variety of entities.
• The formation of IGOs is most often established via treaties—a charter that gives the organization its structure, laws, and powers.
• IGOs play a significant role in international political systems and global governance.
• Major IGOs such as United Nations, NATO, Universal Postal Union, and EU (and others, like UNEP, OECD).
• NGOs have expertise on specific topics, are non-profit, and are independent of governments.
• UNEP has six areas of concentration and numerous programs, such as Billion Tree Campaign, Clean Up the World.

Legal Conventions and Declarations

• The Rio Conference of 1992 established an international agenda for sustainability, producing five documents.
  • Rio Declaration (set principles of environmental protection and development)
  • Agenda 21 (detailed action plan for sustainable development)
  • United Nations Framework Convention on Climate Change
  • Convention on Biological Diversity
  • Rio Forest principles (non-binding agreement on forests).
• Nairobi Declaration 1982: celebrated the 10th anniversary of the Stockholm conference, proposed a special commission to outline long-term strategies to achieve sustainable developments.
• The World Commission on Environment and Development (1987): The Brundtland Commission, an important precursor to the 1992 Rio Earth Summit. Defined "sustainable development" as development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
• The UN 2030 Agenda for Sustainable Development was launched in 2015, outlining 17 global goals (SDGs) to be achieved by 2030, including eradicating poverty and achieving gender equality.
• United Nations Conference on Environment and Development (Earth Summit), 1992 (Rio Conference): the third major declaration in the history of international relations, involved over 150 countries.
• Convention on Biological Diversity (1992): concerning conservation, sustainable use, and fair sharing of benefits from genetic resources.
• UN Convention on Desertification (1994): addresses desertification, land degradation, and drought.
• World Summit on Sustainable Development (2002), Rio +10. Review progress in the implementation of Agenda 21.
• UN Conference on Sustainable Development (2012) (Rio+20) focused on reconciling economic and environmental goals.

Principles of International Environmental Law

• The Polluter Pays Principle: The party responsible for pollution pays for the damages done.
• The Precautionary Principle: preventative measures for environmental threats, even without complete scientific certainty of harm.
• The Public Trust Doctrine: certain natural resources are held in trust for public benefit (air, water, forests, etc.) and cannot be subject to private ownership.
• Intergenerational Equity: The present generation should consider the needs and interests of future generations.
• Common but Differentiated Responsibilities: Developed countries have greater responsibility to take the lead in solving global environmental problems.
• Equitable Utilization of Shared Resources: a widely accepted principle based on considerations like need, prior use, and entitlement, for resource allocation.
• Duty to adopt effective national laws and enforcement: a corollary of the most fundamental treaty rule of all, pacta sunt servanda—in good faith.
• The Integration Principle: Environmental considerations constitute an integral part of decision-making processes.

Other Relevant Organizations

• International Law Commission (ILC) works toward codifying and developing international law principles.
• Regional IGOs: such as OECD, UN/ECE, Council of Europe, UNEP Regional Seas.