NOTES IEL: International Environmental Law PDF
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Universiti Sultan Zainal Abidin (UniSZA)
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This document provides comprehensive notes on international environmental law (IEL), covering biodiversity, pollution, marine resources, and freshwater management. It discusses various treaties, conventions, and legal frameworks such as the CBD, CITES, and UNCLOS, along with case studies and principles. Keywords include environmental law, biodiversity, and international agreements.
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BIODIVERSITY Definition Biodiversity is an inclusive term describing the different aspects of living systems, measured in terms of genetic, species, and ecosystem diversity, wildlife Three main levels Genetic Diversity of biodiversity:...
BIODIVERSITY Definition Biodiversity is an inclusive term describing the different aspects of living systems, measured in terms of genetic, species, and ecosystem diversity, wildlife Three main levels Genetic Diversity of biodiversity: - Differences in genes within a species, like the variations among dog breeds Species Diversity: - The variety of different species, such as polar bears and peanuts. Ecosystem Diversity: - The variety of different ecosystems like coral reefs or rainforests Reasons for conserving nature and biodiversity: Source of biological resources Maintenance of the biosphere Ethical, intrinsic, and aesthetic value Factors affecting Habitat change biodiversity: Loss, degradation, and fragmentation of habitats are significant threats, often due to agriculture and unsustainable forest management Climate change Changes in climate patterns can disrupt ecosystems and species Invasive species The introduction of non-native species can harm local ecosystems Over-exploitation and unsustainable use Overuse of resources can deplete populations and harm ecosystems Pollution Contamination from various sources degrades habitats Indirect factors; include economic, demographic, socio- political, cultural, religious, scientific, and technological changes. Underlying causes include defective national and international rules Defective national and international regulations that don't allow for sustainable resource management are a major factor International Piecemeal Development: Legal Framework International law on conservation and biodiversity has evolved in a fragmented, ad hoc manner. However, the interdependence of species and ecosystems means that each legal instrument has consequences for specific habitats or species. Treaties and Convention on Biological Diversity (CBD): Conventions: This 1992 convention provides an overall framework for international action on biodiversity. It promotes sustainable development and covers all aspects of biodiversity, recognizing the importance of biological resources for human needs like food, medicine, and a healthy environment. 3 main objectives: - conservation of biodiversity - sustainable use of its components - fair and equitable sharing of benefits arising. CITES (1973) Aim is to protect species of flora and fauna from over- exploitation by regulating or prohibiting international trade. Controls international trade in listed species by requiring licensing for import, export, re-export, and introduction from the sea. Conference of Parties (COP) established the Standing Committee, Animals Committee, and Plants Committee. COP make amendments to the Appendices, include or remove species from them and to make resolutions for the elaboration and evolution of CITES to suit present needs and situations. CITES requires parties not to allow trade in species in any of the Appendices Appendix I - species threatened with extinction, with trade only permitted in exceptional circumstances. - provides the highest level of protection for species threatened with extinction, with trade only allowed in very limited circumstances to not endanger their survival. Appendix II - species not necessarily threatened with extinction but in which trade must be controlled to avoid utilization incompatible with their survival. - provides less stringent requirements for species that may become threatened with extinction if not regulated. Commercial trade is allowed if not detrimental to the survival of that species and is not in contravention of the law of the exporting state. Appendix III - species protected in at least one country, which has asked for assistance from other CITES parties to control the trade. - provides the lowest level of protection for species that parties to CITES identify as needing regulation within their jurisdiction and need the cooperation of other parties in the control of trade. The precautionary principle is applied, ensuring that scientific uncertainty is not used as a reason for failing to act in the best interest of the species. Exemptions: 1. transit or transshipment of specimens 2. personal or household effects 3. pre-convention specimens 4. non-commercial trade between scientists 5. specimens forming part of travelling zoos or circuses Bonn Convention Aims to conserve terrestrial, aquatic, and avian migratory on Migratory species throughout their range. Species (CMS) Aims to conserve populations of species including - European Bats, Cetaceans of the Mediterranean, Black Sea, and contiguous Atlantic - Small Cetaceans of the Baltic, North-East Atlantic, Irish and North Seas, Seals in the Wadden Sea, African-Eurasian Migratory Water birds, Albatrosses and Petrels - Gorillas and their Habitats COP in CMS: decision-making body that reviews the Convention's implementation, adopting budgets, resolutions, and recommendations Convention on Defines biodiversity as the variability among living organisms Biological from all sources and the ecosystems of which they are part. Diversity (CBD) Biological diversity has become a global asset of tremendous Legally binding value to present and future generations, and that biological resources are the mainstay of our economic development. It is the most important international convention related to biodiversity, and brought a new era in the field. It promotes sustainable development and was designed to be a practical tool for translating the principles of Agenda 21 into reality. Recognizes that biodiversity is about more than plants, animals, microorganisms and their ecosystems, and is also about people and our needs for food, medicine, and clean air, water, shelter and a healthy environment. more than 190 parties. Nagoya Protocol Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity is an international agreement. Aims at sharing the benefits arising from the utilization of genetic resources in a fair and equitable way. contributing to the conservation of biological diversity and the sustainable use of its components. It was adopted by the CBD in 2010 in Nagoya, Japan. It adopted the PIC concept from the Bonn Guidelines. Focused on the procedural aspects of how to regulate ABS using PIC, under administrative, legislative, and policy measures of each national government. The Bonn Guidelines and Nagoya Protocol are complementary. Nagoya sets out the procedural framework for ABS, while Bonn provides a set of substantive criteria for when parties negotiate for ABS. Ramsar First global instrument protecting habitats, focusing on Convention (1971) conserving and enhancing wetlands (areas of marsh, fen, peatland, or water, whether natural or artificial, permanent or temporary, with static or flowing water, and can be fresh, brackish, or salt) includes all aspects of wetlands conservation and wise use. Recognizes that wetlands are among the world's most productive environments, providing essential biological diversity, water, and primary productivity for many species Recognizes the concept of state sovereignty with certain limitations Costa Rica v. ICJ provided provisional measures in a dispute Nicaragua involving a wetland area on the Ramsar (2011) Convention's list14. This case highlighted the need for consultation between parties where wetlands extend over more than one territory World Heritage Uses a listing approach similar to Ramsar for cultural and Convention (1972) natural heritage Natural heritage; includes areas that are habitats of threatened species of animals and plants of outstanding universal value from a scientific and conservation viewpoint The identification and delineation of properties to be protected is the responsibility of the state. UNESCO Man & uses biosphere reserves for innovative approaches to Biosphere conservation and sustainable development. Program (MAB) using the Seville Strategy, which adopts an ecosystem approach (with CBD). UN Convention to Desertification and drought are major issues of land Combat degradation. Desertification (UNCCD) An international agreement ratified by 191 nations, it views land degradation as a sustainable development issue and is people-centered. Promotes local level decision making and community participation. Countries have developed National Action Programs (NAPs), however funding issues remain unclear. Forests Important ecological functions include providing habitats for biodiversity and maintaining soil quality. Preserving forests supports climate stability and biodiversity goals. Threats to forests include habitat conversion, legal and illegal logging, and habitat fragmentation. No global consensus exists for a convention on forests at the international level. UNCED 1992 agreed on non-binding statement of forest principles, committing to consider international agreements for cooperation on forests. Tropical forests constitute 7% of the land surface, contain more than 50% of plant and animal species, and are mostly destroyed. One acre of the world’s forest is cut down every second. Causes of deforestation include new agricultural settlements, logging, oil and gas exploration, cattle ranching, and drug cultivation. International Legally binding international agreement for the protection of Tropical Timber forests, with a focus on tropical forests1. It combines forest Agreement (ITTA) conservation and development with trade in tropical timber. focus is on tropical Not purely a conservationist instrument, nor is it a traditional forests commodity agreement, but it balances the concerns of deforestation in tropical countries with the importance of timber trading for economic development. under the framework of the United Nations Conference on Trade and Development (UNCTAD), leading to the establishment of the International Tropical Timber Organization (ITTO) in 1986. Aims to strike a balance between concerns about deforestation in tropical countries and the economic importance of timber trade for those countries. 1992 Forest non-legally binding statement of principles for the Principles: management, conservation and sustainable development (SD) of all types of forests states that forests are a common concern of mankind. Principles is to contribute to the management, conservation, and SD of forests and provide for their multiple functions and uses. UN Forum on promotes the implementation of international agreements on Forests (UNFF) forests at all levels, supported by the Collaborative Partnership on Forests. aims to develop a legal framework for all types of forests. Collaborative A voluntary arrangement among 14 international organizations Partnership on with programs on forests. Forests (CPF) Objectives are to support the work of the UNFF and to foster increased cooperation on forests. Committee on States have the sovereign right to exploit their own resources Forests (COFO) under their own environmental policies but also have the responsibility to not cause damage to other states or areas beyond national jurisdiction. Soil Top layer of the earth's crust, which serves as the basis for agricultural production and food supply. Soil degradation is a process where human-induced phenomena lower the capacity of soil to support human life. Causes of degradation include wind and water erosion, chemical deterioration, and physical deterioration. Other causes include agricultural activities, deforestation, overexploitation, and industrial activities. Soil degradation impacts human health, economies, ecosystems, and climate. UN Convention to Desertification and drought are major issues of land Combat degradation. Desertification An international agreement ratified by 191 nations, it views (UNCCD) land degradation as a sustainable development issue and is people-centered. Promotes local level decision making and community participation. Countries have developed National Action Programs (NAPs), however funding issues remain unclear. Plant & Plant Important for environmental law, food security, and Genetic Resources sustainable agriculture. Historically, farmers maintained and increased the genetic diversity of their plants, but this changed after WWII when farmers became more reliant on commercial breeders. This has resulted in the loss of genetic diversity of plants, with less than 150 species of food crops cultivated, and 12 plant species most consumed globally. International Aims at guaranteeing food security through the conservation, Treaty on Plant exchange, and sustainable use of plant genetic resources for Genetic Resources food and agriculture. for Food and focuses on fair and equitable benefit sharing and recognizes Agriculture farmers' rights. (ITPGRFA) Aims to preserve plant genetic resources and make them available for plant breeding. The ITPGRFA specifically recognizes local communities’ and farmers’ rights over food crops while the CBD recognizes indigenous, local, and traditional national rights over genetic resources. The issue of recognition of intellectual property rights (IP) by CBD and ITPGRFA and how it avoids conflict with the protection of IP rights under Trade-Related Aspects of Intellectual Property Rights (TRIPS) remains. KEY Sustainable Development: Using resources in a way that PRINCIPLES meets present needs without compromising future generations. Precautionary Principle: Lack of scientific certainty should not prevent action to protect species. State Sovereignty: States have rights over their biological resources but also have a responsibility to conserve them. In-situ conservation: Respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities. Flora: Refers to plant life in a specific area or time, remains in one place, typically prepares its own food, and is studied under botany. Fauna: Refers to animal life in a specific area or time, can move from one place to another, depends on flora for food, and is studied under zoology. Forests: Crucial for biodiversity, climate stability, and soil quality, but threatened by habitat conversion and logging. Soil: A non-renewable source supporting agriculture and other vital functions but subject to degradation. Plant Genetic Resources: Important for food security and sustainable agriculture, with treaties like ITPGRFA aiming to ensure their conservation and fair use. Benefit Sharing: There is a need for mechanisms for fair and equitable sharing of benefits from biodiversity and related traditional knowledg OZONE Definition Protection of the Earth’s atmosphere is a common concern of mankind. The atmosphere is considered a global environmental resource that needs protection. 3 phenomena caused detrimental impacts on the environment: - transboundary air pollution - depletion of the ozone layer - global climate change. Atmospheric Air pollution is caused by noxious gaseous substances that Pollution contaminate the atmosphere. Can spread across national borders, potentially causing conflicts between neighboring states. cause diseases, allergies, death in humans, harm to other living organisms, and damage to the environment. caused the deaths of over 7 million people worldwide. Major sources of air pollution: - natural, - area - stationary (industries, power plants), and mobile (vehicles). - burning of fuels, industrial processes, and routine activities. - fumes from paints and solvents - controlled burning - waste in landfills - military resources - dust - methane from animals Eg: carbon monoxide, carbon dioxide, nitrogen oxides, sulfur dioxide, lead particulates, and CFCs. Ozone Layer The ozone layer protects the Earth from excessive UV radiation. Depletion Ozone depletion is caused by anthropogenic gases like CFCs, halons, methane, nitrous oxides, and CO2. affects all states and is a global environmental threat. The ozone layer is a thin film of O3 molecules, with 90% in the stratosphere. Losses in the ozone layer, led to serious radiation issues. Efforts to combat ozone depletion, monitoring and reduction of ozone-depleting gases. Climate Change The natural greenhouse effect is beneficial for life on Earth, but increased CO2 emissions from industrialization have led to human- induced climate change. Climate change requires behavioral changes, especially in industrialized nations. Human-induced climate change results from - release of greenhouse gases - causing flooding - extreme weather - changes in seasons. International The Convention on Long-range Transboundary Air Pollution Regulations and (1979): first attempt to establish formal controls over air pollution Initiatives between countries. The Vienna Convention for the Protection of the Ozone Layer (1985): was the first treaty to address global atmospheric issues. The Montreal Protocol on Substances that Deplete the Ozone Layer (1987): sets specific legal obligations for reducing ozone- depleting substances. The UNFCCC (1992): aims to stabilize greenhouse gas concentrations. The Kyoto Protocol (1997): extends the UNFCCC and commits parties to reduce greenhouse gas emissions. The Paris Agreement: aims to keep global temperature rise below 2 degrees Celsius. The ASEAN Agreement on Transboundary Haze Pollution (2002): deals with smoke from land and forest fires. Stockholm Convention on Persistent Organic Pollutants (2004), Framework Convention for the Protection of the Environment for Sustainable Development in Central Asia (2006), and Minamata Convention on Mercury (2013). Multilateral Environmental Agreements (MEAs) of global significance are often associated with UNEP work. (international community's commitment to addressing various aspects of atmospheric pollution, including transboundary air pollution, ozone depletion, and climate change) The UNFCCC has established principles such as the no-harm principle, precautionary principle, polluter pays principle, common but differentiated responsibilities and sustainable development (in topic 2) CASES Trail Smelter A leading case on transboundary air pollution, establishing the principle of "good neighborliness" and a state's obligation to prevent harm to other states Georgia v. An early air pollution case in the US, showing Tennessee that a state has the right to unpolluted air. Copper Co. Nuclear Tests Cases brought by Australia and New Zealand against France over nuclear testing, addressing environmental concerns. Nuclear The ICJ recognized that the use of nuclear Weapons weapons could constitute a catastrophe for the environment and that states must take environmental considerations into account. Pulp Mills on A case primarily concerned with water quality, the River with some reference to air pollution. Uruguay Aerial Ecuador brought a case against Colombia Herbicide regarding aerial spraying of toxic herbicides. Spraying Gabcikovo- A case regarding a joint project between Nagymaros Hungary and Slovakia that caused an Project international dispute over environmental and economic concerns. Legal and Ethical Considerations Challenges and Air's intangible nature makes it difficult to monitor and control. Problems Difficulty in identifying causal links between sources and effects of pollutants. Air pollution has general impacts, making it a global issue that requires cooperation from all countries. Atmospheric pollution is complex, with various polluters and sources, raising problems in identifying the "polluter". Various mechanisms are needed to deal with different aspects of the same problem due to interconnectedness of energy production, transportation, and manufacturing. MARINE Here are comprehensive notes on the protection of ocean and marine resources, drawing from the provided sources and our conversation history, presented with explanations in point form: 1. Importance of the Ocean and Its Resources Vast Coverage: The ocean covers 70% of the Earth's surface and accounts for 97% of the biosphere. Life and Climate: It is a source of life, shaping the planet's weather and climate. Oxygen and Resources: The ocean provides half of the Earth’s oxygen, and is a vital source of protein, energy, and minerals. Food and Livelihood: It provides food for billions and livelihoods for around 540 million people in fisheries and related activities. Environmental Challenges: The oceans face serious environmental challenges with unknown consequences. Principal Threat: Coastal pollution was highlighted as the principal threat to the marine environment in a 1990 report. Land-Based Pollution: Land-based activities are the primary source of pollution. Major Stressors: The major stressors include overfishing, habitat loss, pollution, invasive species, and climate change. 2. Causes of Marine Pollution Human Activities: Overfishing and habitat destruction are the main threats to marine life due to human activities. Habitat Destruction: This results from direct removal and alterations from activities like trawling and pollution. Eutrophication: Nutrient release from land-based activities causes eutrophication, leading to oxygen depletion and dead zones. Invasive Species: Introduction of exotic and invasive species can alter or destroy ecosystems. Climate Change Impacts: Climate change is altering ocean ecosystems by decreasing productivity, changing food webs, and increasing disease. Ocean Acidification: The absorption of CO2 causes ocean acidification, damaging coral reefs. Sources of Marine Pollution: o Chemicals, particles, industrial, agricultural, and residential waste, noise, and invasive organisms. o 80% comes from land. o Air pollution carries pesticides and dirt into the ocean. o Agricultural runoff, wind-blown debris, and dust. o Nutrient pollution, causing excessive algae growth and eutrophication. o Toxic chemicals adhere to particles and concentrate in food chains. Nutrient Overload: Excessive nitrogen and phosphorus cause heavy plant growth and algal blooms that can be toxic. Pesticides: Absorbed into food webs, causing mutations and diseases. Toxic Metals: Cause changes to tissue, biochemistry, behavior, reproduction, and suppress growth. Ocean Dumping: Waste materials from industries, ships, and sewage plants pollute the ecosystem. o Mining companies dump 220 million tonnes of hazardous waste yearly. o Two-thirds of marine life are threatened by chemicals in everyday household cleaners. Land Runoff: Surface runoff from agriculture carries toxic chemicals into the ocean. o Threatens fish, turtles, and humans via the food chain. Dredging: Alters soil composition, destroying habitats and spreading contaminants. NOx and SOx: Shipping emissions of nitrogen oxides and sulfur oxides affect the marine environment and ozone layer. o Shipping air pollution contributes to premature deaths. Ocean Acidification: The decrease in seawater pH due to CO2 absorption endangers marine life. Ozone Depleting Substances: Substances from ships destroy the ozone layer and harm the marine environment. Waste from Ships: Solid and liquid waste from ships pollutes seawater. Noise Pollution: Shipping noise harms marine organisms, affecting their behavior and causing internal damage. Oil Spills: Disasters like Exxon Valdez and Deepwater Horizon cause extreme pollution and kill marine life. Plastic Pollution: An estimated 8 million tonnes of plastic waste enters the oceans annually, threatening wildlife. Sea Level Rise: Global warming is increasing sea levels, threatening marine ecosystems and causing habitat loss. 3. Eutrophication Process Excess Nutrients: Excess nutrients are applied to the soil. Nutrient Leaching: Some nutrients leach into the soil and eventually drain into the water. Surface Runoff: Some nutrients run off into the water. Algal Bloom: Excess nutrients cause an algal bloom, blocking sunlight. Plant Death: Plants die due to lack of sunlight. Decomposition: Algal blooms die and sink, using up oxygen during decomposition. Oxygen Depletion: This causes oxygen depletion in the water, leading to suffocation of larger life forms like fish. Definition of Eutrophication: The addition of nutrients to water bodies, which encourages plant growth, depletes oxygen, and kills aquatic life. 4. Key Marine Organisms Benthic Animals: Organisms living at the lowest level of a water body (e.g., sea sponges). Deposit Feeders: Aquatic animals that eat organic matter that has settled on the bottom (e.g., eels, crabs). Filter Feeders: Aquatic animals that strain small organisms out of the water (e.g., clams, oysters). 5. Legal Framework: UNCLOS (United Nations Convention on the Law of the Sea) Comprehensive Constitution: UNCLOS is a comprehensive constitution for ocean protection. Signed by 161 states (excluding US) and came into force in 1994. Obligations and Balance: It imposes obligations on states and balances power between coastal and flag states. Prevention and Cooperation: UNCLOS focuses on preventing and reducing environmental harm through regulations and cooperation rather than liability for damages. Codifies Law: It codifies existing rules of customary and conventional international law. Recognizes Pollution Types: It recognizes different types of marine pollution, including dumping, ships, and atmospheric. Main Objectives: To create a legal order for the seas, facilitate international communication, and promote peaceful use of the oceans. Part XII: Deals with the protection and preservation of the marine environment. State Obligations: States must protect and preserve the environment and prevent, reduce and control pollution. Resource Exploitation: States can exploit resources but must take measures to prevent damage and not introduce alien species. Requirements: UNCLOS includes requirements for technical assistance, monitoring, international rules, national legislation, and enforcement measures. Specific Rules: Specific rules for ice-covered areas within a coastal state’s EEZ, addressing hazards and potential irreversible damage. 6. UN Conferences and Measures UNCHE (UN Human Environment) 1972: Emphasized ocean and coastal issues and the need for marine protection. o Led to the establishment of the UN Environment Programme (UNEP). o Highlighted whale protection, and oil pollution. o Highlighted significant oil spill incidents in 1965 and 1969. Torrey Canyon (1965): Oil spill from a grounded vessel that caused widespread pollution. Santa Barbara Channel Spill (1969): Blowout resulted in significant oil spill, impacting wildlife and leading to environmental measures in the US. UNEP: A new UN body created to coordinate environmental activities across the UN. Regional Seas Programme: Promotes management of enclosed or semi-enclosed seas. London Dumping Convention (1972): Designed to protect the marine environment from all types of pollution from human activities. MARPOL (1973): International Convention for the Prevention of Pollution from Ships. Environmental Degradation: By the late 1970s and early 1980s, environmental degradation remained a significant problem. Brundtland Report (1987): Highlighted links between poverty and environmental degradation. Ozone Layer and Climate Change: Evidence highlighted links between pollutants (CFCs, greenhouse gases) and environmental damage. Nuclear Testing: Concerns regarding nuclear weapons testing and dumping of radioactive waste at sea. Limited Test Ban Treaty (1963): Banned nuclear testing in the atmosphere, outer space & underwater. London Dumping Convention (LDC): Prohibited dumping of high-risk nuclear waste but allowed low-risk waste, leading to opposition and a ban on all nuclear waste dumping in 1983. UNCED (UN Conference on Environment and Development) 1992/Earth Summit/Rio Conference: Resulted in outputs on climate change, biodiversity, and Agenda 21. Rio Declaration: Key principles outlined: Principle 10: Environmental issues are best handled at a national level with public participation. Principle 11: States should enact legislation with environmental standards relevant to their state. Principle 13: Liability and compensation issues arising from pollution, including international cooperation. Principle 15: "Precautionary Principle" - action should be taken to protect the environment, even without full scientific evidence. Principle 16: “Polluter Pays Principle" - polluters should bear the cost of pollution. Agenda 21: A 40 chapter action plan. o Chapter 17: Protection of the oceans, emphasizing the importance of oceans as a “global life support system”. o Integrated management and sustainable development of coastal areas, marine environmental protection, sustainable use and conservation of marine living resources, and strengthening international cooperation. o Requirements for states to protect marine environments from degradation caused by shipping. *Prevention of dumping, pollution from offshore oil and gas platforms and from ports through the provision of facilities in ports to collect oily wastes, chemical wastes and garbage from ships. o Chapters 19-22: Environmentally sound management of toxic chemicals, hazardous wastes, solid wastes and sewage, and radioactive wastes. o Chapter 22: Managing radioactive wastes including a Code of Practice on trans-boundary movement of those wastes. Programme of Further Implementation of Agenda 21 (1997): Noted progress in agreements for conservation and protection of marine environment, but still a decline in fish stocks and rising pollution. o Called for improved decision-making and cooperation to achieve integrated coastal zone management. 7. Other International Treaties UNFCCC (UN Framework Convention on Climate Change) 1992: o Recognizes oceans as carbon sinks. o Requires parties to promote sustainable management and cooperation in the conservation of sinks and reservoirs including oceans and coastal marine environments. o Requires cooperation in adapting to climate change, developing integrated coastal zone management plans, and protecting areas affected by flooding. o Awareness of sea-level rise impacts on low lying areas and islands. Convention on Biological Diversity 1992: o Aims to conserve biological diversity, sustainably use components, and equitably share the benefits of using genetic resources. o Applies to living organisms from all sources, including marine and aquatic ecosystems. o Contracting parties to implement the convention in respect to the marine environment, consistent with UNCLOS. UN Fish Stock Agreement (UNFSA): o Aims to prevent overfishing and ensure long-term conservation and sustainable use of fish stocks. o Obligates parties to work together for sustainable fishing using best science available. Barbados Conference: Set out strategies for issues of concern to small island states, including climate change, waste, coastal resources and biodiversity. 8. International Maritime Organization (IMO) Role: Specialized agency of the UN for maritime transport governance, particularly in environment, safety and security. o Responsible for implementing and enforcing global regulations on safety, security, and marine pollution from ships. Structure: Assembly, Council, Maritime Safety Committee, and Secretariat. Committees: Legal, Technical Co-operation, and Marine Environmental Protection Committee. Participation: IMO Committees and Sub Committees are made up of all member states and meetings are open to marine experts, NGOs, and IGOs. Conventions and Protocols: IMO has responsibility for 29 Conventions and Protocols. SOLAS (International Convention on Safety of Life at Sea) 1974: o Designed to ensure vessel safety. o Requires vessels to meet minimum standards in construction, equipment, and operations. MARPOL (International Convention for the Prevention of Pollution from Ships) 1973: o Covers prevention of marine pollution from ships. o Aims to eliminate intentional pollution and minimize accidental pollution. o Includes regulations to reduce pollution from oil platforms. o Covers pollution from oil, harmful liquid substances, harmful packaged substances, sewage, garbage, and air pollution (Annexes I-VI). o Requires states to prevent pollution from ships discharging harmful substances. o Requires port facilities to receive ship waste. STCW (International Convention on Standards of Training, Certification and Watchkeeping for Seafarers) 1978: o Sets minimum standards for seafarer training and certification. o Includes measures to prevent fraud and improve competency. COLREG (Convention on the International Regulations for Preventing Collisions at Sea) 1972: o Main aim is to prevent collisions at sea. o Includes the use of traffic separation schemes. 9. Recap of International Efforts Protect and Preserve: States must protect and preserve the marine environment and control pollution. Treaties and Customary Laws: International rules are established under treaties and customary laws. Early Efforts: Early international efforts date back to 1926, with the first convention adopted in 1954 (oil pollution). 1954 Oil Pollution Convention: Was followed by conventions on territorial sea, continental shelf and high seas Torrey Canyon Accident: UN General Assembly called for international cooperation to prevent marine pollution 1972 Stockholm Conference: Required states to prevent pollution that creates hazards to human health and marine life. London Convention 1972: Signed to prevent marine pollution from dumping of wastes MARPOL 1973: Signed to prohibit discharge of harmful substances from ships. UNCLOS 1982: Comprehensive rules to protect the marine environment covering land-based, vessel-source, and atmospheric pollution. 10. Role of International Arbitral Tribunals and Courts Influence of Case Law: Case law has significantly influenced the protection of oceans and marine resources. Arbitration: Successfully used to settle environmental disputes. Bering Sea Fur Seals (1893): Settled dispute between US and UK regarding conservation of fur seals. o The Bering Sea was declared part of the high seas. Southern Bluefin Tuna Cases (New Zealand v. Japan; Australia v. Japan): Involved disputes over conservation of southern bluefin tuna stock under UNCLOS. o ITLOS decided that the fact the Bluefin Tuna Convention 1993 applied did not exclude invoking UNCLOS relating to conservation of tuna. o The conservation of living resources was an element in protection of marine environment. o ITLOS ordered the parties to resume negotiations. Public Interest Stance: Arbitrals can adopt an independent stance towards public interest considerations. ICJ and ITLOS: ICJ (International Court of Justice) and ITLOS (International Tribunal for the Law of the Sea) also play a role in marine protection. o Fisheries Jurisdiction Cases (UK v Iceland; Germany v Iceland)(1974): ICJ was concerned with marine resource conservation/protection. o Judgments were delivered finding Iceland's unilateral extension of exclusive fishing rights to 50 nautical miles not opposable to the UK and the Federal Republic. o Parties were under mutual obligation to negotiate an equitable solution. o ITLOS handles cases relating to prompt release of arrested vessels. o The Camouco Case (Panama v. France): ITLOS was concerned with prompt release of vessels and decided the imposed bond by France was not reasonable. ITLOS Composition: An independent body with 21 members elected for their competence in the law of the sea. 11. Regional Maritime Conventions Lack of Global Instrument: Apart from UNCLOS, no global instrument addresses all sources of marine pollution. OSPAR (Paris Convention) 1992: For protection of the marine environment of the North-East Atlantic. o Imposes obligations regarding pollution from land, dumping, and offshore sources. o Applies precautionary and polluter pays principles. Helsinki Convention (1992): For the protection of the marine environment of the Baltic Sea area. o Addresses all sources of pollution, applies precautionary and polluter pays principles. o Covers both maritime area and coastal ecosystems, aiming for holistic protection. Tehran Framework Convention (2003): For the protection of the marine environment of the Caspian Sea. Integrated approach protecting marine environment & resources. 12. Types of Pollution and Regulations Pollution from Ships: o Deliberate discharges from cleaning tanks and discarding ballast, and accidental discharges from collisions and explosions. o Leading instrument is MARPOL Convention. Pollution by Dumping of Wastes: o Governed by the London Convention (1972). o Regulates dumping based on a three-list system: highly hazardous (prohibited), less dangerous (requires special permit), and less dangerous (requires general permit). o 1996 London Protocol: prohibits all dumping of wastes except those which need permits, and incineration and export of wastes for dumping. Pollution from Land-Based Sources and Atmosphere: o UNCLOS requires states to adopt laws to prevent pollution from land-based sources. o Paris Convention is a treaty dealing with pollution from land-based sources. ▪ Substances listed in Annex A should be eliminated or limited. o UNEP Montreal Guidelines and GPA were adopted to guide actions against marine degradation from land-based activities. o UNCLOS requires states to prevent pollution from the atmosphere. o OSPAR and Baltic Conventions include rules against pollution through the atmosphere. o Persistent organic pollutants (POPs) are considered most dangerous due to their long-range spread. o Instruments on atmospheric pollution: Aarhus Protocol and Stockholm Convention Pollution from Sea-Bed Activities: o UNCLOS requires coastal states to control pollution from seabed activities. o International Sea-Bed Authority can adopt rules for protection of marine environment and natural resources. 13. Plastic Pollution at Sea High Production and Low Recycling: Plastic production and use are high, with only 10% recycled. Non-Degradable: Plastics are primarily produced from petroleum and are non- degradable. Long-Term Presence: Plastic waste exists for a long time and degrades into microplastics. Marine Impact: Plastic fragments and microplastics are causing serious damage to the marine environment, society, economy, and human health. Distribution: 70% of plastic litter enters the sea floor, 15% floats, and 15% washes up on beaches. Ingestion: Marine life ingests plastic, which remains in their bodies and can then be ingested by humans. Health Risks: Microplastics can aggravate respiratory and heart disease and damage the nervous system. Fragmented Legal Instruments: Global legal instruments dealing with marine plastic pollution are fragmented. Pollution-Oriented: The London Convention and MARPOL are pollution-oriented, not reduction-oriented. Limited Scope: The London Convention regulates the loading of plastic waste, not dumping in rivers or estuaries. Non-Binding Mechanisms: The GPA and Agenda 21 are non-binding, limiting their effectiveness. UNCLOS Limitation: UNCLOS provides principles but lacks specific rules on implementation. London Convention (1972): Aims to prevent pollution of the marine environment through dumping of plastic waste. o Requires “all practicable steps” to be taken to prevent dumping. MARPOL Annex V: A potential solution to microplastic pollution but only applicable to vessels, not land-based sources. MARPOL Disciplinary Mechanisms: Disciplinary mechanisms are established by State Parties in their national legislation. o These mechanisms may be limited in their application and not deter offenders. UNCLOS Obligations: Requires states to adopt domestic legislation to prevent, reduce and control pollution from different sources of marine plastic litter. Lack of Detail: It is unclear how detailed laws and regulations enacted by states to reduce plastic waste pollution should be and how to judge their effectiveness. Inadequate Enforcement: Existing rules lack uniform implementation standards and have inadequate disciplinary mechanisms. FRESHWATER Here's a comprehensive note explaining key concepts about freshwater resources and their protection, based on the provided sources: I. Importance of Freshwater Resources Freshwater is essential for all life on Earth. It connects ecosystems, land, water, and people. Freshwater environments like rivers, lakes, wetlands, streams, and aquifers store and clean water, which is crucial for humans and wildlife. Water is vital for drinking, agriculture, recreation, energy production, manufacturing, and transport. Healthy freshwater environments prevent erosion, dispose of waste, and provide natural flood protection. Freshwater supports an amazing array of plants and animals. Less than 3% of global water is freshwater, with most of it locked in ice caps and glaciers, leaving less than 0.7% available for human use. The Antarctic ice sheet contains 90% of the planet's fresh water. Freshwater is an increasingly scarce resource due to population growth, consumption patterns, and climate change. II. Threats to Freshwater Resources Mismanagement of freshwater environments has led to pollution, drying rivers, and damaged habitats. Groundwater is being extracted unsustainably, and wetlands are being destroyed and degraded. Industrial exploitation such as fossil fuel extraction, agriculture, mining, logging, grazing, factory farms, and pharmaceuticals ruins water quality. Human population growth increases water demand. Climate change causes sea-level rise, saltwater intrusion, and reduces winter snowpacks. There are competing water uses between developed and developing nations, with industrialized countries using more for industrial production and other countries using more for agriculture. III. Issues Related to Freshwater Insufficient Supply: Demand for freshwater is outstripping supply. Many water systems are overtaxed, and some are running dry. By 2030, the need for water is projected to exceed the reliable supply by 40%. Pollution: Agriculture, industrial processes, untreated waste, and degraded lands are leading causes of pollution in freshwater systems. Climate Change: Climate change is affecting freshwater systems, leading to increased droughts and floods. Water Crisis Problems: o Inadequate access to safe drinking water for over 1.1 billion people. o Groundwater overdrafting leading to diminished agricultural yields. o Overuse and pollution of water resources harming biodiversity. o Regional conflicts over scarce water resources. o Depletion of aquifers caused by over-consumption as a result of population growth. o Pollution and contamination by sewage, agricultural and industrial runoff. Water Scarcity is caused by dry climates, drought, too many people using a water supply more quickly than it can be replenished, and wasteful use of water. More than 30 countries face water scarcity, and by 2050, 60 countries may experience water stress. IV. Causes of Freshwater Pollution Industrial waste: In developing countries, 70% of industrial wastes are dumped untreated into waters. Water's vulnerability: Water is a "universal solvent," able to dissolve more substances than any other liquid. Toxic substances from farms, towns, and factories readily dissolve into and mix with water, causing pollution. Freshwater pollution is the contamination of inland water with substances that make it unfit for its natural or intended use. Pollution can be caused by fecal waste, chemicals, pesticides, petroleum, sediment, or even heated discharges. Polluted rivers and lakes are unfit for swimming or fishing; polluted water is unsafe to drink. Agriculture: The biggest consumer of global freshwater resources and a serious water polluter. Farming and livestock production uses 70% of the earth's surface water. It is the leading cause of water degradation, with fertilizers, pesticides, and animal waste washing into waterways. Nutrient pollution from agriculture is a major threat to water quality, causing algal blooms. Sewage and Wastewater: Used water from households and commercial/industrial activities, often discharged without treatment. Stormwater runoff also contributes to this type of pollution. More than 80% of the world's wastewater flows back into the environment untreated. Point source pollution: Contamination originates from a single source, like discharge from a manufacturer, oil refinery, or wastewater treatment facility. Non-point source pollution: Contamination from diffuse sources, such as agricultural or storm water runoff, which are difficult to identify and control. Transboundary pollution: Contaminated water from one country spills into the waters of another. Surface water pollution comes primarily from runoff, which includes pesticides, fertilizers, oil, gasoline, road salt and manure. Air pollutants also contribute to surface water pollution by way of acid rain. Groundwater pollution occurs when contaminants seep into aquifers from pesticides, fertilizers, landfills, and septic systems, rendering it unsafe for human use. Leaking underground oil tanks and spills also pollute groundwater. V. Types of Pollution Organic matter: From industrial wastewater and domestic sewage, depletes oxygen and stresses aquatic life. Pathogens and microbial contaminants: From domestic sewage, livestock, and natural sources, spread infectious diseases. Nutrients: Principally from runoff from agricultural lands and urban areas, cause eutrophication and high levels of nitrates. Salinization: Leached from alkaline soils or from over-pumping coastal aquifers, leading to salt build-up in soils and undrinkable water. Acidification: From sulphur and nitrogen oxides, acidifies lakes and streams, negatively impacting aquatic organisms. Heavy metals: From industries and mining sites, persist in freshwater, accumulate in tissues, and are toxic to aquatic life and humans. Toxic organic compounds and micro-organic pollutants: From industrial sites, automobiles, farmers, home gardeners, and municipal wastewaters, they have many toxic effects. Silt and suspended particles: From soil erosion, agriculture, and deforestation, reduce water quality and degrade habitats. Thermal: From industry and dams, affects oxygen levels and decomposition rates in the water, and may shift the species composition. VI. Effects of Pollution On Humans: Water pollution kills and causes illness. Waterborne pathogens cause diseases like cholera and typhoid. Chemical pollutants can cause cancer, hormone disruption, and altered brain function, with children and pregnant women being particularly at risk. Mercury bio-accumulates in fish and damages nervous systems. Swimming in polluted water can cause skin rashes and infections. On Environment: Pollution disrupts the balance of aquatic ecosystems. Algal blooms, caused by excess nutrients, deplete oxygen and create "dead zones". Chemicals and heavy metals are toxic to aquatic life, and toxins accumulate up the food chain. Insecticides and estrogen-mimicking substances interfere with the reproductive systems of fish. Biological waste from sewage and runoff creates coastal ocean zones void of oxygen. VII. International Legal Frameworks Helsinki Rules (1966): International guidelines regulating the use of rivers and connected groundwaters crossing national boundaries. Influential in shaping approaches to sharing, management, and protection of watercourses. UN Watercourse Convention (1997): Establishes a regulatory framework for the management of non-navigational use of international watercourses. It includes principles of equitable and reasonable utilization, not causing significant harm, protecting the marine environment, and cooperation based on sovereign equality. It defines a watercourse as a system of surface and ground waters constituting a unitary whole. Requires that states sharing an international watercourse utilize it equitably and reasonably, taking into account relevant factors and circumstances. Also requires states to take all appropriate measures to prevent the causing of significant harm to other states. UNECE Convention on the Protection & Use of Transboundary Watercourses & International Lakes (1996): Develops international water law, more inspired by practical considerations and more specific/detailed than UN Watercourse Convention. Aims to protect transboundary waters by preventing, controlling and reducing transboundary impacts. It requires parties to take all appropriate measures to prevent, reduce, and control water pollution, and calls for environmentally sound management of transboundary water resources. It includes the precautionary principle, the polluter pays principle, and the concept of intergenerational equity. ILC Articles on Transboundary Aquifers (2008): Draft articles for an international framework convention on transboundary aquifers. Enshrines the principles of equitable and reasonable utilization, the obligation not to cause significant harm, and the obligation to cooperate. Recognizes the need to protect aquifers against harm from fertilizer and pesticide use or industry discharges in recharge zones. VIII. Principles of Transboundary Environmental Harm (TEH) TEH is addressed through customary international law, which recognizes a state's right to exploit natural resources but limits this right when it harms a neighboring state. TEH commonly takes the form of air pollution, pollution of a transboundary watercourse, or transboundary shipment or dumping of wastes. Theories on TEH: o Absolute Territorial Sovereignty (ATS): A state has complete control over all waters within its territory, with no regard for downstream states. o Absolute Territorial Integrity: Downstream state may demand the continuation of the full flow of a river, free from any reduction in quantity or quality. o Limited Territorial Sovereignty (LTS): A state may use waters as long as such use does not interfere with the reasonable use of waters by downstream states. This approach is most often applied. IX. Cases on TEH River Oder Case (1929): Established that utilization of rivers is subject to international law, and that water resources should not prevent other riparian states from accessing the resource. Meuse River Case (1937): Held that states should be treated equally and that each state is free to enlarge canals in its territory as long as the water division and flow are not affected. Lac Lanoux Arbitration Case (1957): Rejected the idea that a state has to agree with a plan by another state if it promises to not alter the volume of water entering another state; however, it upheld the rule not to cause substantial damage to other states environment through pollution, also that riparian states must notify and consult with each other before starting activities that may harm a shared resource. Gabcikovo-Nagymaros Dam Case: Watercourse states must participate in the use, development and protection of an international watercourse in an equitable and reasonable manner. It requires a balance between economic development and environmental protection. Pulp Mills on the River Uruguay Case (2010): Confirmed that international law requires a state to undertake an environmental impact assessment when a proposed activity might have a significant adverse impact on a shared water resource. X. Controlling Water Pollution Source Reduction (Pollution Prevention): Avoid producing or releasing pollutants into the environment through product design and soil conservation. Banning release of pollutants and rewarding the purchase of environmentally preferred products. XI. Way Forward Use water more sustainably by cutting waste, raising water prices, and protecting aquifers, forests, and other ecosystems. Reduce water pollution by preventing it, treating sewage with nature-based methods, cutting resource use and waste, reducing poverty, and slowing population growth. HAZARDOUS Here is a comprehensive explanation of hazardous waste management, based on the provided sources: Meaning of Hazardous Waste Hazardous waste is defined as waste material that, if not handled correctly, can cause significant harm to human health, safety, or the environment. These wastes can be in the form of solids, liquids, sludges, or contained gases. They are primarily generated by chemical production, manufacturing, and other industrial activities. Improper storage, transportation, treatment, or disposal can cause damage. Improper hazardous waste storage or disposal frequently pollutes surface and groundwater supplies. People living near old disposal sites are especially vulnerable. Governments closely regulate hazardous waste management to address existing problems and prevent future harm. Classification of Hazardous Waste Hazardous wastes are classified based on their biological, chemical, and physical properties. These properties result in materials that are: o Toxic/poisonous: These can cause death or illness, have long-term harmful effects, cause cancer, or cause biological changes in future generations. o Reactive: These are chemically unstable and can react violently with air or water, causing explosions or toxic vapors. o Ignitable/flammable: These burn at low temperatures and can cause immediate fire hazards. o Corrosive/destructive: These include strong acids or alkaline substances that destroy solid materials and living tissue upon contact. o Infectious/transferable: These include materials from hospitals or biological research facilities. o Radioactive: These produce ionizing energy that can harm living organisms and can persist in the environment for thousands of years. Management of radioactive waste is often considered separate from other hazardous waste. Global Scenario Economic growth, urbanization, and industrialization are causing a dramatic increase in the volume and types of hazardous waste. In 2006, the total amount of municipal solid waste generated globally reached 2.02 billion tonnes. Developing countries often spend up to 50% of their budget on solid waste management, which includes both locally generated and imported waste. Hazardous waste is primarily managed at the local and national levels. However, international laws are increasingly addressing these wastes due to long-range effects and international trade. Chemicals and nuclear materials are particularly dangerous hazardous substances. Chemical contamination is widespread, with broad environmental effects ranging from ecosystem impacts to water eutrophication and ozone depletion. International Law and Regulations International environmental law plays a role in three main areas: o OECD (Organisation for Economic Co-operation and Development) harmonizes international definitions of waste. o UNCLOS (UN Convention on the Law of the Sea) sets a general obligation to prevent marine pollution, including the dumping of waste at sea. o The 1972 London Convention controls deliberate disposal of waste at sea. o The 1989 Basel Convention governs the control of transboundary movement of hazardous waste. It was signed because some countries exported hazardous wastes to developing countries for cheaper disposal. The 1989 Basel Convention Entered into force in 1992. Requires exporters of waste to obtain consent from authorities in the importing country before shipping waste. The importing country must confirm in writing that it will manage the waste in an "environmentally sound manner". If not, the exporter has to take back the waste within 90 days. Recognizes states' rights to ban the import of foreign hazardous wastes. Prioritizes environmentally safe disposal of wastes in the state where they are produced. Requires strict control of transboundary movement of hazardous wastes. Concerned with illegal transboundary transportation of hazardous wastes. Hazardous wastes include wastes listed in Annex I, like clinical wastes, pharmaceuticals, waste oils, and certain chemical compounds, and wastes defined as hazardous by domestic legislation. Parties can prohibit the import of hazardous waste for disposal, and other parties must be informed of that decision. Each party is responsible for reducing hazardous waste generation, ensuring adequate disposal facilities, and minimizing transboundary movement of hazardous waste. Illegal transportation of hazardous waste is a crime. Exportation to and importation from non-parties is not allowed. Transboundary movement is only allowed after notification by exporting states and appropriate response (consent or rejection) by the importing party. If the convention is violated, the movement of waste is considered illegal. The exporting party is responsible for taking back waste if their behavior caused the illegal transportation; otherwise the importing party is responsible for disposal. Parties must cooperate to improve environmentally sound waste management. Criticisms of the Basel Convention Some argue that the convention legitimizes hazardous waste trade, rather than preventing it. The Convention is open to abuse due to unclear standards (e.g., "environmentally sound manner") and lack of effective monitoring and control. Waste disposal in other states is permissible if not harmful, which can lead to illegal waste imports into developing countries. Other International Agreements A Protocol on Liability and Compensation was adopted in 1999 to handle damages from accidental spills of hazardous waste. The EU applies the Basel Convention, and its Regulation on Supervision and Control of Shipments of Waste requires "prior informed consent" for waste transfers. EU regulations have different procedures for waste transferred for disposal and recovery, and for different types of waste. Waste is classified under "Green list" for non-hazardous waste and "Amber list" for hazardous waste. The 1991 Bamako Convention prohibits all imports of hazardous wastes into Africa from non-African Union countries, but allows certain transboundary movements within Africa itself. The 1995 Waigani Convention bans the importation of hazardous and radioactive wastes into Forum Island Countries and controls the movement of hazardous wastes within the South Pacific Region. Problems with Waste Management Domestic waste disposal costs are increasing, while disposal abroad is cheaper. Many shipments are non-compliant with regulations, often due to misclassification of waste. Illegal shipments are often exported to countries that do not want to accept them. The story of the US Ghost Ships highlights several issues including a lack of coordination between overlapping powers, the need for multiple consents/authorizations for hazardous waste import, and the inadequacy of the 30-day period for consent. European Law and Policy on Waste Management Based on a “waste hierarchy” with the following priorities: o Prevention of waste through product and process design. o Recycling and Reuse of waste, including using waste as a source of energy. o Proper Management and Disposal, with incineration preferred and landfill as a last resort. EU law is based on Directives that set principles for waste management, including licensing and inspection systems. There are Directives on waste treatment methods and on managing specific types of waste. NOISE Here's a comprehensive explanation of noise pollution, based on the provided sources: Introduction to Noise Noise is a type of sound. Sound is produced by vibrations that impact the ear drums of humans or animals, triggering a sensory reaction. Noise is considered an undesirable sound by the recipient, which can be either high or low in frequency, and can be continuous or intermittent. Noise is an unwanted and unnecessary form of energy emitted by a vibrating body that causes the feeling of hearing through nerves when it reaches the human ear. The distinction between noise and sound depends on the individual's perception and interest at a given time, and the impact of the sound generated. Noise pollution is defined as distressing noise that can harm the physical or mental well-being of humans and animals, originating from human, animal, machine, or environmental sources such as thunder and lightning. The World Health Organization (WHO) recognizes noise as a major threat to human well-being. Noise can be perceived physiologically or psychologically. o Physiological perception is the subconscious sensing of sound/noise vibrations in our physical body (ear). o Psychological perception is when a person is consciously aware of the noise and pays attention to it, instead of filtering it out. Measurement of Sound/Noise The loudness of sound is measured in decibels (dB). o 20 dB is a whisper. o 40 dB is the noise level in a quiet office. o 60 dB is a normal conversation. o Sounds at 80 dB and above can be strenuous to the eardrums and are considered noise. Humans can tolerate daily exposure to 85 dB without significant hearing damage. Frequency is measured in Hertz (Hz), and humans can hear between 20-20,000 Hz, which decreases with age. WHO defines noise above 65 dB as noise pollution. Noise becomes harmful above 75 dB and painful above 120 dB. Noise as Pollution Noise pollution is a type of energy pollution, where distracting, irritating, or damaging sounds are freely audible. Noise pollution occurs when sound unreasonably interferes with the peace, comfort, and convenience of the person hearing it. It's primarily a feature of urban settlements. Noise pollution has worsened due to increasing industrialization, urbanization, and modernization, impacting human health. Noise contaminants are not physical particles but waves (sound) that interfere with naturally occurring waves of similar types in the environment. Sounds that negatively impact human or animal life, human activities, and physical structures regularly are considered noise pollution. Many countries have regulations against harmful noise sources, but enforcement varies. Types of Noise Atmospheric noise: Radio noise caused by natural atmospheric processes, primarily lightning, but also includes man-made noise in urban areas. Environmental noise: Noise pollution from outside sources, mainly transport systems (land, water, air) and recreational activities (sports and music), present in most areas of human activity. Occupational noise: Noise affecting workers due to their work environment and machinery. Causes of Noise Pollution Industrial activities. Transportation (road, rail, air traffic). Construction activities. Urbanization and recreational activities. Domestic and religious activities. Traffic noise is the main source of noise pollution in cities; for example, a car horn produces 90 dB and a bus 100 dB. Air traffic noise has a greater impact, as a single aircraft produces 130 dB, despite fewer aircraft flying than cars on roads. Construction sites are noisy, with a pneumatic drill producing 110 dB. Catering and nightlife (bars, restaurants, clubs) can produce over 100 dB. Animals can produce noise, with dogs howling or barking at 60-80 dB. An estimated 125 million people are affected by road traffic noise levels greater than 55 dB Lden. Lden is the average noise level throughout the day, evening, and night. Exposure to road traffic noise is followed by rail traffic noise (8 million people exposed), aircraft noise (almost 3 million), and industrial noise (300,000). Impact of Noise Pollution Noise pollution can harm human health, wildlife, and environmental quality. The impact varies from emotional to physiological and psychological effects in humans. o Human health issues include hearing loss, stress, sleep disturbances, and cardiovascular problems. o Four effects of noise pollution are: interference with speech, interference with sleep, alteration of human health, and interference with work tasks. o Sleep interruption affects communication, work efficacy, and can lead to hearing loss or deafness and stress-related issues such as high blood pressure and irritability. WHO reports adverse health effects in humans exposed to noise levels above 40 dB at night. A high level of annoyance caused by environmental noise is considered an environmental health burden. Wildlife can experience disruption of communication, navigation, and breeding patterns. Environmental quality suffers from general degradation. Noise pollution may cause premature deaths in the EU, with approximately 10,000 deaths and at least 1 million healthy life years lost each year in western Europe due to road traffic noise. The annual economic damage is estimated between EUR 13 million and EUR 40 billion due to loss of productivity, healthcare costs, and depreciation of real estate value. International Treaties and Regulations EU Environmental Noise Directive 2002/49/EC: Requires noise mapping and action plans to avoid, prevent, or reduce harmful effects of environmental noise. o Member states must assess and manage environmental noise through mapping, action plans, and public awareness. o The Directive defines noise indicators like Lden (day-evening-night level) to assess annoyance and Lnight (night-level) to assess sleep disturbance. o More than 37 million people are exposed to noise levels above 65 dB Lden. Member states must determine environmental noise through strategic noise mapping and provide the public with information. Action plans must be adopted to prevent and reduce environmental noise. UNCLOS (United Nations Convention on the Law of the Sea): Recognizes noise pollution as a form of energy and source of marine pollution, requiring measures to protect fragile ecosystems and endangered species. IMO (International Maritime Organization) Guidelines: Recommends measures like ship design modifications, operational changes, and maintenance to reduce underwater noise from shipping to protect marine life. The Marine Environment Protection Committee (MEPC) of the IMO, in 2014, approved the first guidelines for the reduction of underwater noise from commercial shipping to address adverse impacts on marine life. CBD (Convention on Biological Diversity): Recognizes the impact of noise pollution on biodiversity and encourages measures to mitigate its effects. o In 2012, the CBD Secretariat encouraged Parties to minimize the impacts of anthropogenic underwater noise on marine biodiversity, to develop indicators and explore frameworks for monitoring. o 2014, Decision XII/23 encourages states to define types or intensities of underwater noise, conduct research, impact assessments, develop quieter technologies, engage industry Noise Regulations and Mitigation Noise-control ordinances and laws at local, regional, and national levels can effectively mitigate noise pollution. The Occupational Safety and Health Act of 1970 and the Noise Control Act of 1972 regulate environmental and industrial noise in the United States. UK Legal Controls: Include the Control of Pollution Act 1974, Environmental Protection Act 1990, Noise and Statutory Nuisance Act 1993, Health & Safety at Work Act 1974, Civil Aviation Act 1982, and Land Compensation Act 1973. o The latter three statutes deal with noise in the workplace, public authorities and civil aircraft. Common law recognizes actionable nuisance for both public and private cases, where damages may be physical or related to hearing damage. The case of VANDERPANT v MAYFAIR HOTEL (1930) established that to prove nuisance, it isn't required that the noise is injurious to health. Prevention of Noise Pollution Some level of noise is necessary for modern society to function, but excessive levels are unacceptable. Balancing the rights of individuals, groups, or companies to make noise with the rights of others to not suffer from noise pollution is critical. Noise pollution can be controlled through laws and regulations, being considerate of neighbors, informing them of potential noise, and understanding that individual tolerance of noise varies. ISLAM AND THE ENVIRONMENT Here are the key points from the sources, presented in bullet points for clarity: Islamic Principles on the Environment Ownership: In Islam, all things are owned by Allah, the Creator. Trusteeship: Humans are considered trustees or khalifah on Earth. This role entails a responsibility to care for and manage the environment. Permitted Use: Humans are permitted to use the environment without causing harm or waste. This encourages sustainable practices. Accountability: Humans will be held accountable for their actions. This emphasizes the ethical dimension of environmental stewardship. Noise Pollution Noise is an undesirable sound, and noise pollution is harmful noise that can affect humans and animals [conversation history]. The loudness of sound is measured in decibels (dB). Sounds at 80 dB and above can be harmful [conversation history]. Noise becomes harmful above 75 dB and painful above 120 dB [conversation history]. Noise pollution is a type of energy pollution made up of waves that interfere with naturally occuring waves [conversation history]. Traffic is a major source of noise pollution in cities [conversation history]. Noise pollution can cause hearing loss, stress, and sleep disturbances in humans and can negatively impact wildlife and the environment [conversation history]. International treaties and regulations such as the EU Environmental Noise Directive 2002/49/EC, UNCLOS, IMO Guidelines, and CBD aim to mitigate the harmful effects of noise pollution [conversation history]. Noise pollution can be controlled through laws and regulations and by being considerate of neighbors [conversation history]. RUJUKAN Okay, here is a table summarizing the key cases and principles in International Environmental Law (IEL) as discussed in the sources: Category Item Description Established that states are responsible for transboundary air pollution causing harm to other Trail Smelter Case states. Introduced the "no harm" rule and the need for Key Cases (1941) "clear and convincing evidence". Established the concept of transboundary harm and the polluter pays principle. Highlighted the importance of environmental considerations in international law, though the ICJ did Nuclear Tests Cases not rule on the merits of the case. A dissenting opinion (1974) noted that no nation can cause damage to the environment of another. The ICJ affirmed that watercourse states must Gabcikovo- participate in the use, development and protection of Nagymaros Project international watercourses in an equitable and Case reasonable manner. The ICJ did not deal with the precautionary principle in detail. The ICJ confirmed that international law requires states to conduct environmental impact assessments (EIA) Pulp Mills on the where there is a risk of significant adverse impact on River Uruguay Case shared water resources. Affirmed that states must use (2010) all means to avoid activities causing significant damage to the environment of another state. Meuse River The PCIJ held that states should be treated equally and (Diversion of Water) are free to enlarge canals as long as the water division, case volume and flow are not affected. Affirmed that states have an obligation not to ignore the Lac Lanoux rights of other states and have duties to consult in good Arbitration (1957) faith when planning an activity that may cause harm to another state's environment. ITLOS determined that the 1993 Bluefin Tuna Convention did not exclude states right to invoke Southern Bluefin UNCLOS. ITLOS also emphasized the need for Tuna Cases conservation of the living resources of the sea. The tribunal considered the precautionary approach as integral to provisional measures. ITLOS case concerning the prompt release of a foreign Camouco Case (2000) vessel arrested for illegal fishing. States have sovereign rights over their natural resources, but this right is limited by the responsibility Key State Sovereignty not to cause harm to other states or areas beyond Principles national jurisdiction. State sovereignty is limited by customary law, treaty law, and IEL principles. States must ensure that activities within their jurisdiction do not cause damage to the environment of other states or areas beyond national jurisdiction. States must take measures to control sources that may cause No-Harm Principle transboundary harm. States are required to enter into procedural co-operation with the affected states. It has both prohibitive and preventative functions. Based on good neighborliness. The harm must reach a certain level of seriousness. Lack of full scientific certainty should not be a reason to postpone cost-effective measures to prevent Precautionary environmental degradation when there are threats of Principle serious or irreversible harm. A "license to act" when addressing environmental threats. A principle for how to act in situations of uncertainties. The costs of pollution should be borne by the polluter. Encourages the internalization of environmental costs. Polluter Pays Liability can be a mechanism to implement this Principle (PPP) principle. It is a strategic tool to protect the environment. May be a customary rule of international law. All countries share responsibility for environmental Common but protection, but obligations differ based on capabilities Differentiated and contributions to environmental problems. Responsibilities Developed countries have greater responsibility. (CBDR) Recognizes the need for shared obligations to address common concerns. Development that meets the needs of the present without compromising the ability of future generations Sustainable to meet their own needs. It is a central theme in policy. Development (SD) Requires balancing the right to development with environmental conservation. An underlying concept of many MEAs. Present generations should not leave the environment in Intergenerational a worse condition for future generations. Conserve the Equity diversity and quality of the planet for future generations. Included in various MEAs. States should use shared natural resources without Equitable Utilization interfering with the reasonable use of the same resources by other states. States must cooperate, inform each other about Obligation to activities that may cause transboundary harm, and Cooperate, Inform, consult before taking action. Prior Informed Consent and Consult (PIC) strengthens state sovereignty. States should conduct EIAs for proposed activities that may have significant adverse impacts on the Environmental environment, especially in a transboundary context. A Impact Assessment requirement under international law where activities (EIA) may have a significant adverse impact on a shared water resource.