Principles On International Environmental Law PDF

# Principles on International Environmental Law ## Members: - Reyes, Sean Christian - Villamor, Janelle - Penaroyo, Andro - Sigaya, Shillem - Sable, Marc ## Objectives: - Define what is International Environmental Law and its significance. - Explain the objectives of International Environmental...

# Principles on International Environmental Law ## Members: - Reyes, Sean Christian - Villamor, Janelle - Penaroyo, Andro - Sigaya, Shillem - Sable, Marc ## Objectives: - Define what is International Environmental Law and its significance. - Explain the objectives of International Environmental Law. - Determine each key principle. - Discuss the major international agreements as well as the role of international organizations. - Analyze each challenge and key lessons from each case study. ## What Is International Environmental Law? - International Environmental Law is a set of legal principles, treaties, and customs that regulate the protection of the global environment. - It governs the interactions between nations in addressing environmental issues such as pollution, biodiversity loss, climate change, and the conservation of natural resources. ## Objectives of International Environmental Law - Protecting the global atmosphere, including preventing climate change and ozone depletion. - Conserving wildlife and biological diversity. - Managing the oceans and marine environment. - Regulating global movement of chemicals, wastes, and other hazardous substances. - International environmental law aims to achieve sustainable development. ## Key Principles ### State Sovereignty: - Countries have the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies. ### Common Concern: - The global environment is a common concern of humanity. ### The "Polluter Pays" Principle: - National authorities should promote the internalization of environmental costs, reflecting the approach that the polluter should bear the cost of pollution. ### Public Participation: - Environmental issues are best handled with the participation of all concerned citizens. ### Notification and Consultation: - Countries shall provide prior and timely notification to, and consult with, potentially affected countries on activities that may have a significant adverse transboundary environmental effect. ### Peaceful Resolution Of Disputes: - Countries shall resolve all of their environmental disputes peacefully. ## Major International Agreements - **Paris Agreement (2015):** This landmark accord within the United Nations Framework Convention on Climate Change (UNFCCC) aims to limit global warming to well below 2 degrees Celsius, with efforts to stay within 1.5 degrees. It establishes a framework for countries to set and report on their own greenhouse gas reduction targets, known as Nationally Determined Contributions (NDCs). This agreement emphasizes transparency and global cooperation in combating climate change. - **Convention on Biological Diversity (CBD) (1992):** Adopted during the Earth Summit in Rio de Janeiro, the CBD focuses on the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising from genetic resources. It serves as a comprehensive framework guiding national and international biodiversity conservation efforts. - **Minamata Convention on Mercury (2013):** Named after the Japanese city affected by severe mercury poisoning, this treaty aims to protect human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds. It addresses the entire life cycle of mercury, including its mining, trade, use in products and industrial processes, and disposal. - **Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (1973):** CITES seeks to ensure that international trade in specimens of wild animals and plants does not threaten their survival. It regulates trade through a system of permits and certificates, categorizing species into appendices based on their conservation status and the level of protection they require. - **Kyoto Protocol (1997):** As a precursor to the Paris Agreement, the Kyoto Protocol was an international treaty that committed its parties to reduce greenhouse gas emissions, based on the premise that global warming exists and human-made CO2 emissions have caused it. It established legally binding targets for developed countries and introduced mechanisms like emissions trading to achieve these targets. ## Roles of International Organizations ### Policy Development and Implementation - Organizations like the United Nations Environment Programme (UNEP) create global environmental policies and frameworks, such as the Paris Agreement and the Convention on Biological Diversity. ### Monitoring and Reporting - Bodies like the Intergovernmental Panel on Climate Change (IPCC) monitor global environmental changes and provide scientific assessments to guide policies. ### Funding Environmental Projects - The Global Environment Facility (GEF) provides funding for projects addressing biodiversity loss, climate change, and pollution. ### Technical Assistance and Capacity Building - Organizations such as the World Bank and UNDP support nations in building capacities to implement environmental laws and sustainable development projects. ### Promoting Cooperation - Organizations like the United Nations Framework Convention on Climate Change (UNFCCC) facilitate international negotiations and agreements to ensure cooperative action on issues like climate change. ## Challenges That Faces the Global Environment 1. **Lack of Enforcement Mechanisms:** While many international environmental agreements are adopted, they often lack robust enforcement mechanisms. This makes it difficult to ensure compliance, especially when countries prioritize national interests over global environmental concerns. 2. **Conflicting National Interests:** Different countries may have conflicting economic, political, and social priorities, which can make it challenging to implement international environmental principles. Developing nations, for instance, may prioritize economic growth over environmental protection, leading to tensions in multilateral negotiations. 3. **Climate Change and Environmental Justice:** The issue of equity in international environmental law is complex. Developed countries historically contributed more to environmental degradation, while developing nations are often the most vulnerable to climate change. Balancing these disparities and ensuring justice for all parties is a significant challenge. 4. **Fragmentation of International Legal Frameworks:** There is a lack of coherence in international environmental law, with numerous treaties and agreements addressing specific issues (e.g., biodiversity, climate change, pollution). This fragmentation can lead to inconsistencies, overlapping regulations, and confusion in implementation. 5. **Sovereignty vs. Global Responsibility:** Many countries still view environmental issues through the lens of national sovereignty, making it challenging to adopt binding global standards. The tension between protecting national interests and fostering collective global responsibility hinders progress in international environmental law. ## Case Studies 1. **Chernobyl Disaster (1986)** - The Chernobyl nuclear disaster in Ukraine caused significant transboundary environmental harm. The radioactive fallout spread across multiple countries in Europe, violating the principle that states must not cause environmental damage beyond their borders. This disaster underscored the need for stronger international cooperation and frameworks to manage cross-border environmental risks. 2. **Amazon Deforestation** - The ongoing deforestation of the Amazon rainforest illustrates the tension between economic development and environmental conservation. While logging and agricultural expansion drive economic growth, they lead to biodiversity loss, climate change, and negative impacts on indigenous communities. 3. **Paris Agreement Implementation** - The Paris Agreement aims to limit global temperature rise to below 2°C, with developed nations committing to higher emissions reductions and financial support for developing countries. Despite progress, challenges such as insufficient commitments and uneven implementation persist. ## References - Hunter, D. (2021, January 5). International Environmental Law. Www.americanbar.org. https://www.americanbar.org/groups/public_education/publications/insights-on-law-and-society/volume-19/insights-vol--19---issue-1/international-environmental-law/ - 10 Key Principles in International Environmental Law. (2019). Americanbar.org. https://www.americanbar.org/groups/public_education/publications/insights-on-law-and-society/volume-19/insights-vol--19---issue-1/10-key-principles-in-international-environmental-law/ - Sands, P., Peel, J., Fabra, A., & MacKenzie, R. (2018, March 1). Principles of International Environmental Law. Higher Education from Cambridge University Press. https://www.cambridge.org/highereducation/books/principles-of-international-environmental-law/B32CA39427B24F1947BDC5F884CCADCO#overview - Isom, D. (n.d.). Guides: International Environmental Law Research Guide: Treaties. Guides.ll.georgetown.edu. https://guides.ll.georgetown.edu/InternationalEnvironmentalLaw/treaties - Harrison, J. (2018). Significant International Environmental Law Cases: 2017-18. Journal of Environmental Law, 30(3), 527-541. https://doi.org/10.1093/jel/eqy021