Dealing with these IEL problems Flashcards
What are 3 options to dealing with uncertainty in international environmental law?
(P.I.K) (think: pick an option when uncertain)
- PRECAUTIONARY principle
- INCORPORATING uncertainty into the decision making process
- Gain more KNOWLEDGE
(Environment Impact Assessments)
What are 3 regulatory options for addressing environmental issues (commonly seen at an international level)
3 options (C.I.E) (think: the ‘key’ to addressing issue)
- COMMAND and control measures
- INFORMATION based approaches
- ECONOMIC instruments systems
What is the jist of adopting the precautionary principle when faced uncertainty?
Be cautious in the face of uncertainty
Idea: when information is uncertain, we have a natural tendency to take risks. Cf the PP encourages us to err on the side of caution – to acknowledge such uncertainty and take a careful approach
How can you incorporate uncertainty into the decision making process?
Continual (on-going) questioning so as to be aware of what is happening to the environment as things move along
What is the key instrument used to gain more knowledge when a decision maker is faced with uncertainty?
Environment impact assessments
-EIAs provides helpful information to the decision maker that might not have been available in the past, and raises knowledge of issues generally
Who has the onus of producing an EIA? Why is this an issue? And how can this issue be mitigated?
Onus on the person proposing the activity to demonstrate what potential impact it could have on an environment
Criticism: potential to hire a corrupt scientist to give an assessment in favour of your goals.
BUT could be mitigated with fail safes such as peer reviews, or being made available to the public
How might the nature of the problem affect the choice of environmental regulatory instruments?
(1 example)
E.g. if it is nationwide, then maybe an economic approach, but if State to State then maybe something like a treaty would be better
-NB: Most international treaties expect States to create a command and control system to control their citizens (C&C allows for State participation)
What is the best environmental regulatory instrument to induce state participation?
Command and control
What are 2 other considerations that a State might seek when choosing the best environmental regulatory instrument?
- Desire for choice in how States implement international obligations
- Need for ongoing decision making capability
How might poor domestic implementation of a treaty affect the implementation of international norms/ regulatory options?
A treaty will have little impact unless the State plays its role
-I.e. can it actually achieve this regulation? If not, the treaty regime as a whole might suffer
What is the jist of a ‘command and control’ regulation?
Regulation from a central authority (e.g. State level) requiring change of behaviour by an organisation or person.
What are 3 examples of a command and control regulation?
- Limitations on the amount of pollution or resource use
- Govt. passes a law banning a certain toxic substance, or a limitation on the amount of impact it can have - Prohibition on the discharge of certain pollutants
- Adoption of product and processing design standards, thus determining how the activity is conducted
- E.g. oil-tanker accidents led to the changing of regulations as to how oil is to be transported in order to minimise risk to the environment
What are 2 advantages of a command and control regulation?
- Can be clear and concise
2. Can be easily enforced; easier to put a system in place
What are 3 disadvantages of a command and control regulation?
- Typically high cost
- Can be highly complex, depending on the nature of the environmental issues
- Offers poor flexibility
- I.e. if there is a change in technology, you might not be able to utilise this because the activity itself is banned.
What is the jist of ‘economic instruments systems’ regulation?
Imposing a price or opportunity cost for units of waste or resource consumption
-Price used as a motivation to change behaviour