1.1 f) Developing recognition of environmental rights

Question 1

Define environmental rights

Answer 1

Yet to be fully developed in international law, but relates to the right of all people to live in a healthy, safe, adequate environment without fear of suffering life threatening diseases or its future existence. It also involves protecting and preserving the environment for future generations.

Question 2

What agreed to in 1972 that was very significant for recognising a responsibility to protect the environment?

Answer 2

The Stockholm Declaration 1972. It was the beginning of international law establishing intergenerational equity.

Question 3

Why are environmental rights still being developed?

Answer 3

Its a relatively new right.

Question 4

What did the UN’s first international environmental conference lead to in 1972?

Answer 4

The Stockholm Declaration 1972.

Question 5

Following the Stockholm Declaration 1972 as international meetings became more frequent, what were some of the outcomes of these meetings?

Answer 5

Rio Declaration 1992
Johannesburg Declaration 2002
Kyoto Protocol
Bali Conference

Question 6

What did the Rio Declaration 1992 do?

Answer 6

upheld precautionary principle in preventing irreversible damage to the environment

Question 7

What do the Rio Declaration 1992 and the

Johannesburg Declaration 2002

Answer 7

Focused on sustainable development

Question 8

What happened in 1988

Answer 8

Intergovernmental Panel on Climate Change

• has 195 member states
• reviews scientific research, reports to UN
• In 2007 it reported that 90% likely human activity caused climate change

Question 9

What is the principle organisation that helps to protect the environment and thus environmental rights?

Answer 9

The UN environment program

Question 10

What was held on 2012?

Answer 10

Rio + 20 Summit.

Question 11

What domestic legislation protects environmental rights in Australia?

Answer 11

Environment Protections Biodiversity Conservation Act 1999.

Question 12

What government body helps to protects environmental rights in Australia?

Answer 12

Department of the Environment and Energy

Question 13

Whilst showing that countries are more committed to the environment than ever, how was the ‘Outcome Document’ from the 2012 Rio + 20 Summit impacted?

Answer 13

Amnesty Int and Human Rights Watch reported that some nations (US) attempted to remove many phrases, which meant that whilst the document was good, it could have better protected environmental human rights.

Question 14

What do most states have that monitors air and water quality?

Answer 14

Environmental Protection Agencies

Question 15

What are the major threats to the environment?

Answer 15

Climate Change
Ozone depletion
Atmospheric pollution
Marine pollution
Spread of new diseases
Deforestation
Desertification
Loss of biodiversity

Question 16

What attempts have been made by the Australian Government to protect the environment

Answer 16

Introducing a Carbon Tax by Rudd Government (now repealed)
Climate Commission - defunded by current Gov, now an independent body

Renewable energy target of 20% renewable energy by 2020.

Question 17

What was considered by UNESCO in 2015?

Answer 17

Whether to list the Great Barrier Reef as endangered, whilst not currently listed as endangered, The Climate Council said it was still greatly threatened. (ABC Great Barrier Reef avoids ‘in danger’ status after UNESCO decision 2017)

Question 18

What does not exist under international law?

Answer 18

No individual or collective rights as to environmental conditions, nation states may have them though.

Question 19

How has common law protected environmental rights?

Answer 19

The law of nuisance. Eg. a person could sue for private nuisance for noxious fumes from a company

Question 20

What is a major rights issue in recognising the right of intergenerational equity?

Answer 20

the right that future generations should have access to a reasonable levels of environmental wellbeing

Question 21

What is a problem that has prevented the better management and solving of global environmental issues?

Answer 21

Countries have controversial perspectives on issue and many too focused on the immediate cost, rather than the long term benefit/impact of inaction.

Question 22

What meeting on climate change issues happens yearly

Answer 22

UN Climate Change Conference, held in Paris in 2015.

Question 23

What happened when the UN Climate Change Conference, held in Paris in 2015?

Answer 23

Paris Agreement adopted, to hold world temperature increase below 2 degrees. Was opened to signing in 2016, so success isn’t evident yet

Question 24

How many countries have ratified the Paris Agreement ?

Answer 24

159 of 197 parties to the convention.

Question 25

what did Donald Trump do in 2017

Answer 25

He formally withdrew from the Paris Agreement

Question 26

What would be climate change impact?

Answer 26

Poor countries affected more, climate refugees
TEmp rise would affect food production
Heavier floods and droughts

Question 27

How would a tax imposed to reduce climate change work?

Answer 27

Tax on greenhouse gases would redirect resources into more energy efficient, renewable energy

Question 28

Is it possible to establish a right to a ‘sustainable climate’? How could it be established?

Answer 28

Through legislation such as the Environmental Protection and Biodiversity Act 1999, Court/tribunal action through cases in the EPA and civil litigation by affected parties

Question 29

Evaluate effectiveness of international legal measures in advancing enviro rights of humans

Answer 29

LEGAL: Treaties btw parties not always binding + can take time to be incorporated into domestic law. Eg.2010 Climate Change Cooperation won’t commence until 2020.

Question 30

Evaluate effectiveness of international NON legal measures in advancing enviro rights of humans

Answer 30

Non-legal agreements are good to create interest but are relatively ineffective in terms of legal change

Question 31

What legal rights could be adversely affected by some of the threats to the enviro?

Answer 31

Civil right- live in healthy enviro

Economic- work in safe enviro and participate in a world that doesn’t have major medical implications

Question 32

What is name of the constitutional climate lawsuit that involves US kids suing US gov for abusing their right to intergenerational equity through what action?

Answer 32

JULIANA v. U.S. CLIMATE LAWSUIT
through US gov’s affirmative actions that cause climate change, it’s violated the youngest generation’s constitutional rights to life, liberty, and property, as well as failed to protect essential public trust resources.

Question 33

When is the trial date for JULIANA v. U.S. CLIMATE LAWSUIT

Answer 33

2018