Environmental Law Flashcards
International Environmental Law
aims to manage sustainably and collectively natural resources and climate challenges by setting environmental agreements and principles.
Why is Environmental Law a challenge? (4)
Because it isn’t specific enough.
High degree of institutionalisation.
Lack of direct action from states and authorities.
State’s responsibility isn’t taken into account.
Environmental Law is divided based on (5)
- Air Protection
- Wildlife Protection
- Hazardous Waste
- Ozone Layer
- Climate Change
Downsides of Environmental Agreements/Law/Governance
Overlapping claims
Blurred Responsibility
Not a clear mandate
What was agreed in the Stockholm Conference, 1972?
States’ activities cannot cause environmental damage to other states.
Economic growth, communication & cooperation between the GN&GS.
What was agreed in the Rio Conference, 1992?
A compromise was reached between strict environmental regulations and industrial development.
Sustainable Development.
UNFCCC: adapt to a changing situation to tackle climate change effectively.
What is the Kyoto Protocol, 1997?
An agreement aiming to reduce and control GHG by reaching pre1990s levels.
What is the Paris Agreement, 2015?
keep global temperatures below 2ºC (ideally 1.5ºC)
The Antarctic and Environmental Law
- The Antarctic Treaty, 1959
It is a unique region that is subject to special international law and agreements to protect biodiversity.
- the territory will only be used for scientific and peaceful research. Prohibiting radioactive waste and nuclear testing.
Based on Environmental Law, what is Direct Regulation?
Based on judicial instruments.
Rules and regulations set by government agencies that directly control or restrict certain activities that may have negative impacts on the environment.
Clear & Enforceable framework to monitor and comply environmental laws.
Based on Environmental Law, what is Indirect Regulation?
Based on economic instruments,
refers to government policies and regulations that influence activities that may have environmental impacts but are not specifically targeted at environmental protection.
Consider long-term effects and decision-making processes to protect the environment.
Based on Environmental Law,
what is Self-Regulation?
Based on social instruments, these create social pressure towards authorities.
Through demonstrations and social movements, people who care for the environment and the implementation of environmental agreements, self regulation makes environmental laws to be more impactful and important for society and the protection of climate.
Regulation Chain
(RPIE)
Rule
Permit
Implementation
Enforcement
what is the Precautionary Principle?
take preventive care and be precautious about polluting the environment.
what is the Polluter Pays Principle?
polluter pays for the caused pollution