Nature of GEP PDF

Nature of GEP ➛ 17/2/24 Global environmental protection refers to any action undertaken by nations to ensure the environment is preserved in the interests of intergenerational equity, intragenerational equity, and biological diversity. It also refers to the precautionary principle that, where there...

Nature of GEP ➛ 17/2/24 Global environmental protection refers to any action undertaken by nations to ensure the environment is preserved in the interests of intergenerational equity, intragenerational equity, and biological diversity. It also refers to the precautionary principle that, where there are threats of serious or irreversible change, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. Timeline 1972 Stockholm Declaration: The Stockholm Declaration was the first international document to recognise the right to a healthy environment through 26 principles, many of which played an important role in the development of IEL. The Declaration also established the Principle of Cooperation, which is crucial in the further development of IEL, by recognising that countries should unite their efforts to meet the global challenges of our shared environment. Also in Stockholm, the UN General Assembly created the UN Environment Programme (UNEP), the central body in charge of environmental affairs today. Between Stockholm and Rio In 1983, the UN created the World Commission on Environment and Development, known as the Brundtland Commission. It resulted in the report ‘Our Common Future’ (1987). Around this time, global environmental problems started to manifest, such as the depletion of the ozone layer, risks to biological diversity, and the threat of climate change. In 1987, the Montreal Protocol was signed to combat the depletion of the ozone layer. This was successful, and it is believed that the ozone layer could recover by 2050. The Earth Summit in Rio de Janeiro In 1992, two conventions were presented to be signed by governments: the Convention on Biological Diversity and the United Nations Framework Convention on Climate Change (UNFCCC). The Rio Declaration was also established which reaffirmed the Stockholm Declaration and the Agenda 21 action program. In Rio, the central concept continued to be sustainable development, as there was substantial evidence that human activities in pursuit of economic development were responsible for major environmental threats. After Rio and into the future In 1994 the Marrakech Agreement created the World Trade Organisation. It was the first economic treaty to recognise the goals of sustainable development and environmental protection. The 1995 Convention on Climate Change is relevant as the signatories have met every year at the Conference of the Parties (COP). Within this framework, the 1997 Kyoto Protocol was presented. This was not successful, but it was the first international agreement to establish legally binding obligations for developed countries. In 2000, 189 countries adopted the Millennium Declaration which strengthened the importance of sustainable development with a focus on the poor and respect for human rights. In 2002, representatives from 190 countries attended the UN World Summit on Sustainable Development in Johannesburg, they adopted the Declaration on Sustainable Development. In 2012, the UN organised the third Conference on Sustainable Development, known as Rio + 20 which brought together 192 Member States, private sector companies, NGOs, and other organisations. The result was a document called ‘The Future We Want’, where states renewed their commitment to sustainable development and promotion of a sustainable future. Modern Times The Kyoto Protocol to address climate change gave way to the Paris Agreement (2016). The signatory companies committed themselves to doing everything possible to prevent the temperature average of the planet by raising 2°C. The relationship between human rights and climate change was recognised. It was ratified by almost all countries in the world. In Latin America, the Advisory Opinion 23 (2017) on the environment and human rights of the Inter-American Court of Human Rights is highly important as it recognised for the first time that the right to a healthy environment was fundamental to human existence. The Need for GEP Human consumption and development, globalisation and free trade have contributed to the need for GEP. As economic growth increases, energy intensive, non-renewable resources produce waste and pollution. In an attempt to increase revenues, corporations and governments sacrifice environmental protection. “Earth has lost…” (2014) The Guardian ​ The number of wild animals on Earth have halved in the past 40 years ​ The average global rate of consumption would need 1.5 Earths to sustain it ​ The fastest decline was in freshwater ecosystems, where numbers have decreased 75% since 1970 Environmental disaster case study - Alaska, United States, 1989 ​ The disaster happened in March 1989 in Alaska ​ The Exxon Valdez oil tanker hit a reef in Prince William Sound ​ The tanker spilled approximately 40 million litres of cradle oil ​ It killed as many as 500,000 seabirds and devastated fish and otter populations The importance of ecologically sustainable development (ESD) A key aim of GEP is to achieve ‘sustainable development’.This involves three key aspects including social progress, economic development and climate protection. ESD Principles Principle Definition Why are they Relevant laws important Biodiversity The diversity of life Essential for Convention on including ecosystems, ecosystem health, Biological Diversity species, and genes. food security, and (CBD) natural processes Intergenerational The principle that Ensures sustainability Rio Declaration on equity future generations and fairness across Environment and should have access to generations. Development the same resources and opportunities as present ones. Intragenerational Fair distribution of Promotes social UN Sustainable equity resources and justice and reduces Development Goals opportunities within inequality. the current generation, particularly across different social and economic groups. Precautionary If an action could Protects against Rio Declaration on principle cause harm to the potential Environment and environment or environmental and Development human health, the health risks. lack of scientific certainty should not be used as a reason to delay preventive measures. Responses to GEP ➛ 19/2/24 Role of Conferences Stockholm Conference and Declaration (1972) ‘The UN conference on the Human Environment’ - the first international gathering to consider the natural environment. The main aim was to consider the need for a common outlook and to establish principles that inspire and guide people in preserving the human environment. It produced the Stockholm Declaration (not binding, but a moral guidance on how nations should behave). The UN Environment Programme was created (UNEP). Rio Conference 1992 (Earth Summit) Global threats were addressed including ozone depletion, greenhouse gas emissions, and threatened species. 5 Key documents were created: 1.​ Rio Declaration - general guidelines, precautionary principle, sustainable development 2.​ Agenda 21 - practical strategies 3.​ Forest principles - protection of rainforests 4.​ UN Convention on biological diversity 5.​ United Nations Framework on the Convention of Climate Change (UNFCCC) - agreement to reduce emissions and convention that led to hard law Role of international instruments International instruments are documents setting out commitments or obligations of states. There are a range of different sources of international law that are instruments such as declarations, treaties, agreements, conventions and protocols. (Eg. Kyoto Protocol, Vienna Convention, Paris Agreement). From here, they may be divided into: ​ ‘Soft law’ ○​ Non-binding guidelines for standards of minimum behaviour ○​ Often broad in focus ○​ Nation states must interpret and apply guidelines to their own citizens ○​ Eg. Declarations and Agreements ​ ‘Hard law’ ○​ Binding decisions as agreement will set targets for action ○​ More enforceable than soft law ○​ Usually aim to achieving goals/action in a specific time frame  ○​ Eg. Protocols and Treaties Role of the nation state & state sovereignty State sovereignty refers to the authority of an independent state to govern itself (eg. to make and apply laws). Nation states can play an important role in relation to environmental laws including: ​ creating their own domestic laws to protect the environment ​ Bringing global awareness to environmental threats ​ Sign international agreements Role of United Nations The primary aim of the UN is to maintain international peace and security and encourage cooperation between nations. The UN is made up of two main bodies: ​ The General Assembly ○​ The main forum. All member nations can attend conferences and sit here. New UN bodies and agreements between nations are created here. ​ Security Council. ○​ The SC has the primary responsibility for maintaining peace. It includes 15 member nations. 5 permanent (USA, UK, France, China, Russia) and 10 non permanent members who serve 2 years. The UN has a number of organisations such as the: ​ UNEP - The UN Environment Programme was created ○​ The principal environmental organisation of the UN. ○​ Main function is to conduct regular reviews of the global environmental, provide advice to the UN and develop international environmental law ​ IPCC - Intergovernmental Panel on Climate Change ○​ The IPCC was set up to address issues about the Ozone layer relating to climate change ○​ The IPCC is the international body for assessing the science behind climate change ○​ It was established in 1988, and its role is to assess the impacts of CC, future risks and options for mitigation ○​ It holds 195 member states. ​ UNDP - United Nations Development Programme ○​ Works in about 170 countries and territories, helping to eradicate poverty, reduce inequalities and exclusion and build resilience so countries can sustain progress ○​ Plays a critical role in helping countries achieve the Sustainable Development Goals. Role of Intergovernmental Organisations Intergovernmental organisations are organisations whose members are nation states. The UN is the largest IGO. Other examples include UNEP and IPCC.