contemporary issues surrounding global environmental protection

Question 1

what is the contemporary issue of the role of the law in relation to global environmental threats?

Answer 1

the law and the legal system not only set out the rules that all parties in a jurisdiction are expected to follow but they also provide for when and how breaches should be punished; in the area of the environment, laws have the aim of preventing, mitigating and/or remedying damage that human activities have caused to the environment; to achieve these aims, the law must also encourage cooperation and resolve conflicts between parties whose interests are affected; the ICJ is the pre-eminent body for resolving disputes between nation states- however, the primary actors at international level are states, and unless a nation considers that it is in its best interests to comply with an external obligation, it is unlikely to do so; when nation states do work collaboratively, the results can be spectacular, as evidenced by the Vienna Convention for the Protection of the Ozone Layer and the accompanying Montreal Protocol on Substances that Deplete the Ozone Layer (1987), which largely solved the issue of the hole in the ozone layer created by CFCs (chlorofluorocarbons – used in aerosols, refrigerants and packaging)

Question 2

what is the contemporary issue of legal responses to conflict between the demand for resources and global environmental protection?

Answer 2

a non-renewable resource is a naturally occurring resource that cannot be produced, regrown, regenerated or reused on a scale comparable with its rate of consumption- examples include coal, uranium, petroleum and natural gas; renewable resources are those that can regenerate themselves via natural or human management processes, for example, timber, fish, solar energy and wind power; the use of resources generates revenue, which provides wealth and raises living standards, but if the resources are non-renewable, they will not be available to future generations, this is the fundamental concern raised by the concept of intergenerational equity

Question 3

what is the contemporary issue of Australia’s responses to international initiatives for global environmental protection?

Answer 3

Australia has traditionally been proactive in its responses to international initiatives for global environmental protection; responses to international initiatives must comply not only with the Constitution but also with the limitations set by relevant legislation; NGOs play a pivotal role by placing pressure on governments- any environmental event or issue that has a direct impact on Australian citizens will inevitably lead to pressure from parts of the community on elected representatives

Question 4

what is the contemporary issue of barriers to achieving an international response to global environmental protection?

Answer 4

a number of barriers limit a coordinated international response and the most obvious one is sovereignty- a state’s own unique circumstances can make it very reluctant to comply with international initiatives; the UN is in the difficult position of having to respect state sovereignty – as mandated by its charter – while serving as the means of achieving international cooperation; states were generally more than willing to sign and ratify the UN Climate Change Convention in 1992, but once legally binding targets were proposed, many were reluctant to undertake the ratification process; the support for the Paris Agreement (2016) signifies a major shift in global priorities and, possibly, a move towards a holistic approach to climate change- pressure from NGOs and dramatic changes in community standards are also placing pressure on nations to act

Question 5

what are some international treaties that relate to the area of contemporary issues surrounding global environmental protection?

Answer 5

• Paris Agreement (2016)
• Montreal Protocol on Substances that Deplete the Ozone Layer (1987)
• United Nations Framework Convention on Climate Change (1992)
• Kyoto Protocol (1997)

Question 6

what are some acts of legislation that relate to the area of contemporary issues surrounding global environmental protection?

Answer 6

• Clean Energy Act 2011 (Cth) (repealed)
• Water Act 2007 (Cth)

Question 7

what are some cases that relate to the area of contemporary issues surrounding global environmental protection?

Answer 7

• EPA v Gardner

Question 8

what are some statistics that relate to the area of contemporary issues surrounding global environmental protection?

Answer 8

• since the implementation of the Montreal Protocol in 1987, the ozone layer is now on track to be completely recovered by 2040
• the New York Times noted that Australia was ranked 57th out of 57 on the 2020 Climate Change Performance Index