Lg 5 International Environmental Laws, Treaties, Protocols, and Conventions

Summary

These lecture notes cover international environmental laws, treaties, protocols, and conventions. They include sections on poaching and related issues, and are geared towards an undergraduate audience.

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LG 5 INTERNATIONAL ENVIRONMENTAL LAWS, TREATIES, PROTOCOLS, AND CONVENTIONS SEPTEMBER 23-25, 2024 LEARNING OUTCOMES ❑ identify international treaties and conventions; and ❑ understand pertinent provisions in line with addressing environmental problems OUTLINE 1. Po...

LG 5 INTERNATIONAL ENVIRONMENTAL LAWS, TREATIES, PROTOCOLS, AND CONVENTIONS SEPTEMBER 23-25, 2024 LEARNING OUTCOMES ❑ identify international treaties and conventions; and ❑ understand pertinent provisions in line with addressing environmental problems OUTLINE 1. Poaching 2. International Environmental Law ○ Protocols, Conventions, Treaties 3. International Environmental Laws POACHING Poaching refers to the illegal hunting, capturing, or harvesting of wildlife, plants, or other natural resources. It is typically done for personal gain or profit, often at the expense of the environment, biodiversity, and the law. Caribou meat Beluga Whale Photo from: https://www.worldwildlife.org/threats/illegal-wildlife-trade Photo from: hhttps://www.treehugger.com/overview-of-poaching-127892 Photo from: https://www.worldwildlife.org/threats/illegal-wildlife-trade PhotoS from: rawpixel.com POACHING IN THE PHILIPPINES Wildlife Trafficking: This includes the smuggling of endangered species such as pangolins, sea turtles, and exotic birds for the black market. These animals are often sold as pets or used in traditional medicines, both domestically and internationally. POACHING IN THE PHILIPPINES DENR BMB & ADB POACHING IN THE PHILIPPINES DENR BMB & ADB POACHING IN THE PHILIPPINES DENR BMB & ADB POACHING IN THE PHILIPPINES DENR BMB & ADB POACHING IN THE PHILIPPINES Illegal Logging: Poaching is extended to plant life. Illegal logging involves the unauthorized harvesting of valuable timber and non-timber forest products, which depletes forest resources and disrupts ecosystems. Protected forests and areas like the Palawan Wildlife Sanctuary are often targeted Mongabay News OUTLINE 1. Poaching 2. International Environmental Law ○ Protocols, Conventions, Treaties 3. International Environmental Laws INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL ENVIRONMENTAL LAW A comprehensive body of law consisting of various treaties, conventions, protocols, and legal principles designed to protect the global environment. INTERNATIONAL ENVIRONMENTAL LAW CONVENTIONS PROTOCOLS TREATIES CONVENTIONS “A convention begins as an international meeting of representatives from many nations that results in a general agreement about procedures or actions they will take on specific topics (e.g., climate change, wetlands, endangered species, etc.).” The UNFCCC established a platform for future legally binding agreements and discussions to address climate change. PROTOCOLS “Protocols are standard set of rules that diplomatic negotiators formulate and sign as the basis for a final convention or treaty. The treaty itself may not be completed for many years.” The Kyoto Protocol established legally binding commitments for 37 industrialized countries and the European Union to reduce GHG emissions by an average of 5% below 1990 levels during the period from 2008 to 2012. TREATY “A treaty is an agreement where the parties negotiate to reach common ground and avoid further conflict or disagreement.” Convention Protocol Treaty Definition A broad framework A supplementary A formal, legally binding agreement between agreement to a treaty or agreement between states. convention. states. Formality Less formal than a Less formal but legally Most formal type of treaty, often a binding addendum. agreement. framework. Purpose Sets general Adds specific Can cover any issue and principles or commitments or create specific objectives. clarifications to an obligations. existing agreement. Scope Broad principles, Focused on specific Broad or specific. often global or issues or details related regional. to a treaty/convention. Example UNFCCC (1992). Kyoto Protocol (1997) Paris Agreement (2015). under the UNFCCC. OUTLINE 1. Poaching 2. International Environmental Law ○ Protocols, Conventions, Treaties 3. International Environmental Laws ACTIVITY Form seven groups with 3-4 members You will be assigned one major environmental challenge to research Each group will be given 20 minutes to gather information and prepare a brief 5-minute presentation to answer the following questions: Overview of the Issue: What is the environmental problem? What are the global impacts? Current Global Efforts: Are there existing international agreements, organizations, or movements addressing this issue? Challenges: Why is it difficult to solve this issue globally? What are the economic, political, and legal challenges? Potential Solutions: What actions (legal or voluntary) can be taken to address the issue? 1. Climate Change 2. Deforestation 3. Biodiversity Loss 4. Pollution (Air, Water, and Land) 5. Oceans and Marine Ecosystem Degradation 6. Toxic Waste and Hazardous Substances 7. Climate Displacement and Human Rights 1 AREA 1: Biodiversity Conservation and Sustainable Use 2 AREA 2: Land Management 3 AREA 3: Management of International Watercourses 4 AREA 4: Marine Environment Protection 5 AREA 5: Ozone Layer Protection 6 AREA 6: Climate Change Response 7 AREA 7: Waste Management 8 AREA 8: Chemical Management AREA 1: AREA 1 BIODIVERSITY CONSERVATION 2 AND SUSTAINABLE USE 3 A. Convention on Biological Diversity 1992 (CBD) B. Cartagena Protocol on Biosafety 2000 4 C. Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits 2010 5 D. Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973 (CITES) 6 E. Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat, 1971 7 F. Convention concerning the Protection of the World Cultural and Natural Heritage 1972 8 AREA 1 2 3 A The Convention on Biological Diversity (CBD) was 4 adopted at the Rio Conference in 1992 to address the threat to species and ecosystems. 5 OBJECTIVES 6 Conservation of biological diversity Sustainable use of its components 7 Equitable sharing of the benefits arising out of utilisation of genetic resources www.cbd.int 8 UNEP, 2016, Elaboration of Options for Enhancing Synergies among Biodiversity-related Conventions https://wedocs.unep.org/rest/bitstreams/35154/retrieve AREA 1 2 3 4 5 6 On Biosafety On Access to Genetic Resources and the Fair and 7 Equitable Sharing of Benefits 8 AREA 1 2 B CARTAGENA PROTOCOL ON BIOSAFETY, 2000 3 OBJECTIVES Contribute to ensuring an adequate 4 level of protection in the field of the safe transfer, handling and use of 5 living modified organisms (LMOs) resulting from modern biotechnology 6 that may have adverse effects on the conservation 7 Sustainable use of biological diversity. http://bch.cbd.int/protocol 8 UNEP, 2003, An Introduction to the Cartagena Protocol on Biosafety https://bch.cbd.int/database/attachment/?id=10862 AREA 1 B CARTAGENA PROTOCOL ON BIOSAFETY, 2000 Advanced Informed Agreement (AIA) 2 3 1. notification by the Party of export or the exporter 4 2. acknowledgment of receipt of notification by the Party of import 5 3. the decision procedure, 6 4. and opportunity for 7 review of decisions. 8 AREA 1 B CARTAGENA PROTOCOL ON BIOSAFETY, 2000 2 Biosafety Clearing House (BCH) 3 4 5 6 BCH was established to 7 Facilitate the exchange of scientific, technical, environmental, and legal information and experience with LMOs 8 AREA 1 C NAGOYA PROTOCOL ON 2 ACCESS TO GENETIC RESOURCES AND THE FAIR 3 AND EQUITABLE SHARING OF BENEFITS, 2010 4 OBJECTIVES 5 Appropriate access to genetic resources 6 Appropriate transfer of relevant technologies and appropriate funding Fair and equitable sharing of 7 benefits Secretariat of the Convention on Biological Diversity, 2011 8 AREA 1 D CONVENTION ON 2 INTERNATIONAL TRADE IN ENDANGERED SPECIES OF 3 WILD FAUNA AND FLORA, (CITES) 1973 Environmental Investigation Agency 4 OBJECTIVES 5 Ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species in the wild 6 Accords to varying degrees of protection to more than 35,000 species of animals and plants 7 https://cites.org/eng UNODC, 2016, Wildlife and Forest Crime Analytic Toolkit, Report of the UNODC Mission to Viet Nam https://www.unodc.org/documents/southeastasiaandpacif 8 ic//Publications/wildlife/Vietnam_Toolkit_Report_EN_- _final.pdf AREA 1 D (CITES) 1973 2 3 4 5 6 7 8 cites.org/eng AREA 1 E RAMSAR CONVENTION ON WETLANDS OF INTERNATIONAL 2 IMPORTANCE ESPECIALLY AS WATERFOWL HABITAT, 1971 3 OBJECTIVES Stem progressive 4 encroachment and loss of wetlands 5 Conservation and wise use of all wetlands through 6 local and national actions and international cooperation 7 http://www.ramsar.org/ Secretariat, 2013, The Ramsar Convention Manual, 6th edition 8 http://www.ramsar.org/sites/default/files/documents/librar y/manual6-2013-e.pdf AREA 1 F CONVENTION CONCERNING THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE, 1972 2 3 4 5 6 OBJECTIVES Identification of sites for the World Heritage List 7 Protection of cultural and natural heritage of outstanding universal value 8 AREA 1 F CONVENTION CONCERNING THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE, 1972 2 3 4 5 6 7 Terraces at Machu Picchu Pyramids of Giza, Egypt Photo Copyright: Lana Law Photo Copyright: Lana Law 8 AREA 1 F CONVENTION CONCERNING THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE, 1972 2 3 4 5 6 7 Bagan, Myanmar Angkor Wat, Cambodia Photo Copyright: Lana Law Photo Copyright: Lana Law 8 AREA 1 F CONVENTION CONCERNING THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE, 1972 2 3 4 5 6 7 The Great Wall of China Roman Colliseum, Italy Photo Copyright: Lana Law Photo Copyright: Lana Law 8 AREA 1 F CONVENTION CONCERNING THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE, 1972 2 3 4 5 6 7 Acropolis of Athens, Greece Stonehenge, England Constantinos Kollias, via Unsplash Photo Copyright: Lana Law 8 AREA 1 F CONVENTION CONCERNING THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE, 1972 2 3 4 5 6 7 Borobudur, Indonesia Mesa Verde, USA Photo Copyright: Lana Law Photo Copyright: Lana Law 8 1 AREA 2 AREA 2: 3 LAND MANAGEMENT 4 5 A. United Nations Convention to Combat Desertification in those Countries Experiencing 6 Serious Drought and/or Desertification, Particularly in Africa, 1994 7 8 1 A UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION (UNCCD) AREA 2 in those Countries Experiencing Serious 3 Drought and/or Desertification, Particularly in Africa, 1994 4 OBJECTIVE: 5 combat desertification and mitigate effects of drought and desertification 6 Focus on arid, semi-arid, and dry sub-humid arid areas, 7 known as the drylands, where some of the most vulnerable ecosystems and people can be found. http://www.unccd.int/en/regional-access/Asia/Pages/asia.aspx 8 UNCCD, Introduction to the United Nations Convention to Combat Desertification http://www.unccd.int/Lists/SiteDocumentLibrary/Publications/factsheets-eng.pdf 1 2 AREA 3: AREA MANAGEMENT OF INTERNATIONAL 3 WATER COURSES 4 A. Convention on the Law of the Non-navigational Uses 5 of International Watercourses 1997 6 7 8 1 A UN WATERCOURSES CONVENTION 2 CONVENTION ON THE LAW OF THE NON-NAVIGATIONAL USES OF INTERNATIONAL WATERCOURSES, 1997 AREA 3 OBJECTIVES: 4 Equitable and reasonable utilization of watercourses 5 Prevention of significant harm to other riparian States 6 Prior notification of planned measures that might affect other sharing States 7 Protection of ecosystems Cooperation 8 1 2 AREA 4: 3 MARINE ENVIRONMENT PROTECTION AREA 4 5 A. United Nations Convention on the Law of the Sea, 1982 6 B. International Convention for the Prevention of Pollution from Ships, 1973/78 7 8 1 A UNITED NATIONS CONVENTION ON THE LAW 2 OF THE SEA (UNCLOS), 1982 UNCLOS is considered the constitution for the oceans and 3 interrelated resources. AREA It carves out maritime zones: 4 5 6 7 8 http://www.un.org/Depts/los/ 1 A UNITED NATIONS CONVENTION ON THE LAW 2 OF THE SEA (UNCLOS), 1982 OBJECTIVES: 3 Facilitate international AREA communication 4 Promote the peaceful uses of the seas and oceans 5 Equitable and efficient utilisation of resources 6 Conservation of living resources Protection and preservation of 7 environment 8 http://www.un.org/Depts/los/ 1 B INTERNATIONAL CONVENTION FOR THE 2 PREVENTION OF POLLUTION FROM SHIPS (OILPOL/MARPOL) 73/78 3 OBJECTIVES: Elimination of AREA 4 intentional pollution of 5 the marine environment by oil and other harmful 6 substances Minimisation of 7 accidental discharge of oil and other harmful substances 8 1 B INTERNATIONAL CONVENTION FOR THE 2 PREVENTION OF POLLUTION FROM SHIPS (OILPOL/MARPOL) 73/78 3 AREA 4 5 6 7 8 1 2 AREA 5: 3 OZONE LAYER PROTECTION 4 AREA 5 A. Vienna Convention for the Protection of the Ozone Layer 1985 6 B. Montreal Protocol on Substances that Deplete the Ozone Layer 1987 7 8 1 2 AREA 5: 3 OZONE LAYER PROTECTION 4 AREA 5 6 7 8 http://ozone.unep.org/en/treaties-and-decisions/vienna-c onvention-protection-ozone-layer 1 A VIENNA CONVENTION FOR THE PROTECTION 2 OF THE OZONE LAYER, 1985 3 4 AREA 5 6 7 8 1 A VIENNA CONVENTION FOR THE PROTECTION 2 OF THE OZONE LAYER, 1985 3 OBJECTIVES: 4 Protect the human health and the environment against adverse AREA effects resulting from human 5 activities which modify the ozone layer 6 Phase out ozone-depleting substances 7 UNEP, 2016, Vienna Convention Handbook 8 http://ozone.unep.org/en/handbook-vienna-convention-pr otection-ozone-layer/38623 1 B MONTREAL PROTOCOL ON SUBSTANCES 2 THAT DEPLETE THE OZONE LAYER, 1987 OBJECTIVES: 3 Sets out a mandatory timetable for the phase out of 4 ozone depleting substances AREA 5 6 ❑ ozone-depleting substances (ODS) 🡪 7 CFCs, halons, etc. 8 http://ozone.unep.org/en/treaties-decisions/montreal-prot ocol-substances-deplete-ozone-layer 1 2 AREA 6: 3 CLIMATE CHANGE RESPONSE 4 5 A. United Nations Framework Convention on AREA Climate Change, 1992 6 B. Kyoto Protocol, 1997 C. Paris Agreement, 2015 7 8 1 2 AREA 6: 3 CLIMATE CHANGE RESPONSE 4 5 AREA 6 7 8 1 2 A UNITED NATIONS FRAMEWORK CONVENTION 3 ON CLIMATE CHANGE (UNFCCC), 1985 4 OBJECTIVES: 5 To stabilize the greenhouse gas concentration at a level that prevents dangerous interference AREA ○ Allow ecosystems to adapt naturally to climate change 6 ○ Ensure that food production is not threatened ○ Enable economic development to proceed in a 7 sustainable manner http://unfccc.int/essential_background/convention/items/6036.php 8 UNFCCC Secretariat, 2006, UNFCCC Handbook https://unfccc.int/resource/docs/publications/handbook.pdf 1 2 3 B KYOTO PROTOCOL, 1997 4 OBJECTIVES: reduce carbon dioxide 5 (CO2) emissions and the AREA presence of greenhouse 6 gases (GHG) in the atmosphere 7 UNFCCC, 2008, Kyoto Protocol Reference Manual 8 https://unfccc.int/resource/docs/publications/08_unfccc_k p_ref_manual.pdf 1 2 3 OBJECTIVES: C PARIS AGREEMENT, 2015 4 5 MITIGATION ADAPTATION FINANCE Temperature goals - Increase adaptation - Consistency of AREA compared to ability financial flows with 6 pre-industrial levels - Foster climate - Pathway to low - Hold increase well resilience GHG emissions below 2°C - Promote low GHG - Climate resilient 7 - Pursue efforts to emission development limit to 1.5°C development WRI, 2016, Staying on Track from Paris http://www.wri.org/publication/staying-track-paris 8 ECBI, 2016, Pocket Guide http://www.eurocapacity.org/downloads/PocketGuide-Digital.pdf 1 2 AREA 7: 3 WASTE MANAGEMENT 4 5 A. Basel Convention on the Control of Transboundary Movements of Hazardous 6 Wastes and their Disposal 1989 AREA 7 8 1 2 A BASEL CONVENTION ON THE CONTROL OF 3 TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSALS, 4 1989 5 OBJECTIVES: AREA minimisation of the generation of waste 6 strict control of transboundary movement environmentally sound management 7 http://www.basel.int/ 8 http://archive.basel.int/pub/simp-guide.pdf 1 2 AREA 8: CHEMICAL MANAGEMENT 3 4 A. Rotterdam Convention on the Prior Informed 5 Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade 6 1998 B. Stockholm Convention on Persistent Organic 7 Pollutants 2001 C. Minamata Convention on Mercury 2013 AREA 8 1 2 3 4 5 AREA 6 7 8 1 A ROTTERDAM CONVENTION ON THE PRIOR 2 INFORMED CONSENT PROCEDURE FOR CERTAIN 3 HAZARDOUS CHEMICALS AND PESTICIDES IN INTERNATIONAL TRADE 1998 4 OBJECTIVES: 5 Protect human health and the environment Contribute to environmentally sound use 6 MEASURES: 7 Facilitate exchange about characteristics Provide decision-making processes on import / export AREA Disseminate decisions on import and export 8 1 B STOCKHOLM CONVENTION ON PERSISTENT 2 ORGANIC POLLUTANTS 2001 3 OBJECTIVES: 4 Eliminate any discharges, emissions and losses of 5 Persistent Organic Pollutants (POPs) 6 7 AREA 8 1 C MINAMATA CONVENTION ON MERCURY 2013 2 3 OBJECTIVES: 4 5 6 APPROACH: 7 AREA 8 https://www.nrdc.org/sites/default/files/minamata-convent ion-on-mercury-manual.pdf Self-check! Which international agreement focuses on the conservation of biological diversity, including the fair and equitable sharing of benefits arising from the use of genetic resources? a) Kyoto Protocol b) Vienna Convention c) Convention on Biological Diversity d) Basel Convention Self-check! Which convention is dedicated to protecting wetlands, especially as habitats for waterfowl and other wildlife? a) Stockholm Convention b) Basel Convention c) Ramsar Convention d) Rotterdam Convention Self-check! The treaty designed to address issues related to transboundary movements of hazardous wastes and their disposal is known as: a) Paris Agreement b) Kyoto Protocol c) Basel Convention d) Cartagena Protocol on Biosafety Prepared by: Checked by: sgd. BEATRIZ A. OLARTE JERILE MAE E. CASIMIRO SST-I Biology Unit Head Date: September 18, 2024 Date: Sept. 18, 2024 DOI: September 23, 2024

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