Environmental Law PDF

Environmental Law Environmental Regimes Regimes: Implicit or explicit principles, norms, rules, and decision-making procedures around which actors’ expectations converge in a given area of international relations Organizations have played a significant role in shaping international envir...

Environmental Law Environmental Regimes Regimes: Implicit or explicit principles, norms, rules, and decision-making procedures around which actors’ expectations converge in a given area of international relations Organizations have played a significant role in shaping international environmental policy ○ UNEP ○ Environmental NGOs and professional societies, federations of national organizations, public interest research groups, and those devoted to specific tasks to promote environmental awareness ○ Some groups lobby for legislation and policy changes, while others conduct scientific research(many are topic-specific) Diversity of efforts has resulted in fragmentation, which has often resulted in a lack of coordination/cooperation/collaboration Guiding Principles Consultation and cooperation on issues that might affect others Precaution or prudence–avoidance of policies that could adversely affect the environment Good neighbors–the extension of precaution to avoidance of policies that may have adverse joint effects Intergenerational equity–the duty to preserve the environment for the future Tragedy of the Commons Tragedy of the Commons How can we apply this to climate change/climate justice? Limits Limits of litigation: ongoing climate crisis versus a singular environmental event/disaster Soft law v. hard law Issues with enforcement Regimes and Organizations International Whaling Commission (IWC) ○ 88 state parties ○ Research whaling v. commercial whaling (Japan) ○ Schedule–a document that mandates protection of certain species, designates certain areas as whale sanctuaries, sets limits on the number and size of catches, prescribes open and closed seasons and areas for whaling, and controls aboriginal subsistence whaling ○ Has reduced whaling dramatically since the 1960s; almost all endangered species have now recovered Whaling The Stockholm Conference and UNEP 1972 Stockholm Conference Declaration of the United Nations Conference on the Human Environment (26 Principles) Provided the impetus for the creation of UNEP All human beings have a fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being. Individuals bear a solemn responsibility to protect and improve the environment for present and future generations. In this respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial, and other forms of oppression and foreign domination stand condemned and must be eliminated (Principle 1) The Stockholm Conference and UNEP States shall cooperate to develop further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such states to areas beyond their jurisdiction (Principle 22) States have a duty to cooperate through international agreements to prevent, eliminate, or reduce and effectively control adverse environmental effects resulting from activities conducted in all spheres in such a way that due account is taken of the sovereignty and interests of all states (Principle 24) Other principles highlight particular problems, such as the depletion of non-renewable resources, rapid population growth, and the tension between development and the need for environmental protection UNEP–a subsidiary organ of the UN; has a governing council of 58 states, elected in staggered terms of four years UNEP Headquarters in Nairobi, six regional offices, eight divisions, and connections with NGOs and private organizations Has been a catalyst for the development of over 40 formal international agreements, ministerial declarations (soft law), and guidelines/principles for developing future standards UNEO has only the power of persuasion in promoting and coordinating environmental programs and initiatives See UNEP organizational chart on page 474 The Earth Summit (Rio Conference) Rio 1992 172 governments and 2,400 NGO representatives Two soft law statements Rio Declaration ○ Rio Declaration: dealt with problems associated with the development and environmental quality and protection; states have a duty to consult, cooperate, and take effective domestic action ○ Principle 3: Right to development ○ Principle 4: Defines environmental protection as an integral part of the development process ○ Principle 7: Discusses the differential responsibility in terms of environmental and developmental issues ○ Soft law, not legally binding Agenda 21 ○ The definition and goals of sustainable development remains an issue UN Framework on Climate Change (UNFCCC) and Convention on Biodiversity (CBD) Commission on Sustainable Development (CSD) ○ Meets every two years; foci include safe drinking water, sanitation, and basic health care The High Level Political Forum ○ Earth Summit 2012 abolished the CSD ○ The forum meets annually and has broad sustainability objectives/themes: poverty eradication, food security, sustainable agriculture, energy, sustainable cities, health UNGA Resolution 70/1: The 2030 Agenda for Sustainable Development Environmental Law Concerns Biodiversity and land management ○ Convention on Biodiversity (CBD) ○ Includes deforestation and desertification International trade in endangered species ○ Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) ○ Regulates international trade worth several billion dollars in over 30,000 species ○ Includes live animals and plants, as well as products derived from them (like ivory) ○ Monitoring covers factors such as level of exploitation and loss of habitat ○ Three main areas of concern: endangered species or those threatened with extinction, species not endangered, but needing monitoring to ensure sustainability, species designated by at least one country as protected (where the state has asked for international cooperation in controlling trade) ○ The treaty has two administrative levels: international and domestic Environmental Law Concerns Ramsar Convention on Wetlands (1971) ○ First international treaty aimed at the conservation of natural resources ○ Provides guidelines for national action with regard to the preservation, restoration, and wise use of areas designated as wetlands ○ The Convention on Wetlands is not part of the UN or UNEP system of environmental treaties Bonn Convention on Migratory Species of Wildlife (CMS) ○ Two categories of concern: species threatened with extinction, and migratory species that would benefit from international cooperation ○ The treaty seeks to have states establish regulations that would protect and conserve habitats, eliminate obstacles to migration, and deal with other issues that pose a threat ○ CMS is a framework treaty; consists of 6 agreements and 8 MoUs States may ratify some and not others States may not join CMS and still participate in one or more MoU (the US has not joined CMS, but participates in the MoU on Marine Turtles/Indian Ocean) Environmental Law Concerns Transboundary issues ○ Acid rain, air quality, ozone depletion, global warming/climate change, and transport, control, and disposal of hazardous compounds and wastes ○ Donora Smog (Pennsylvania): the first large-scale epidemiological study of an environmental health disaster ever conducted in the United States ○ For a more effective regime to combat these issues, a more effective sense of the atmosphere as a shared resource and common concern must evolve Framework Convention on Long-Range Transboundary Air Pollution (1979) ○ Addresses the problem of acid rain ○ Has 51 state parties, including Canada and the US ○ Modest goals and 8 protocols Vienna Convention for the Protection of the Ozone Layer (1985) ○ Montreal Protocol on Substances that Deplete the Ozone Layer (987) ○ Helsinki Declaration on the Protection of the Ozone Layer (1989( ○ Now ratified by 196 states, this is largely seen as a success Environmental Law Concerns Framework Convention on Climate Change (1994) ○ Aimed at reducing carbon dioxide emissions and other greenhouse gases Kyoto Protocol and 25 years later ○ Many countries signed the Kyoto Protocol, but did not carry through with ratification and/or acceptance due to the treaty’s lack of specificity in monitoring and compliance rules ○ Has 192 parties; the US has not signed the Kyoto Protocol ○ The first commitment period of the Kyoto Protocol expired in 2012; the Doha Amendment followed and entered into force December 2020 (the US has not ratified this amendment) The Paris Agreement (2016) ○ Entered into force in November 2016 ○ The US withdrew in 2020 and rejoined in February 2021 ○ The agreement commits parties to undertake a concerted effort to combat climate change ○ The goal is to commit measures that will keep the global temperature rise to below 2 degrees celsius and ideally to 1.5 degrees celsius Debate: Deforestation In your assigned role, prepare your evidence/statements on the current state of global deforestation. These statements should address the current situation/statistics, previous conventions/treaties, and address geopolitical concerns. Each group will present their case to the UNGA, and then negotiations will open. The goal is to create the “Arcadia Protocol on Deforestation” be the end of the session today.