Environmental protection and climate change

Question 1

The birth of environmental law

Answer 1

Trail Smelter arbitration
– UN Conference on the Human Environments concluded through the Stockholm Declaration, Principle 21 of “no harm principle”:
States have, in accordance with the Charter of the United Nations and the principles of international
law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other Statesor of areas beyond the limits of national jurisdiction

Reproposed in the UN Conference on Environment and Development (1992)– Rio Declaration on Environment and Development.
Same text adopted in Principle 2

Stockholm Conference gave birth to UNEP= UN Environment Programme
It is the leading global environmental authority.
It is engaged in the coordination of UN bodies.
It can formulate the establishment of system-wide strategies within the UN.

After the Rio Convention the UN Commission on Sustainable Development was established to monitor observance of the preinciples set out by the Declaration. It also offered policy guidance to States and promoted a combination of private-public action in operations of sustainable development. It also facilitated communication between States and NGOs.

The UN Commission was then replaced by the High-Level Political Forum on Sustainable Development: carries out the same functions and pushes for the accomplishment of the 2015 agenda’s goals to stimulate concrete actions by States.

Question 2

Sustainable Development, principle 3 and 4

Answer 2

World Commission on Environment and Development
Our Common Future:”development that meets the needs of the present without compromising the ability of future geenrations to meet their own needs.”
Sustainable development:
- development that meets the needs of present generations without compromising the ability of future generations to meet their own needs
- riconciliation of development and environemntal protection

Principle 3
• The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations
Principle 4
• In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it

Question 3

Notification/ information, principle 18 and 19

Answer 3

Principle 18
• States shall immediately notify other States of any natural disasters or other emergencies that are likely to produce sudden harmful effects on the environment of those States. Every effort shall be made by the international community to help States so afflicted

Principle 19
• States shall provide prior and timely notification and relevant information to potentially affected States on activities that may have a significant adverse transboundary environmental effect and shall consult with those States at an early stage and in good faith

Question 4

Precuationary principle, principle 15

Answer 4

Principle 15
• In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation
• Is it customary law?

Question 5

Environmental impact assessment, principle 17

Answer 5

Principle 17
• Environmental impact assessment, as a national
instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority

Question 6

International environmental law

Answer 6

Series of treaties, in particular those dealing with global environmental problems.
Framework convention, containing general principles (weak obligations)
- series of protocols specifying States parties’ obligations, sometimes in quantitative terms. Protocols are agreements that concern more specific topics and create more concrete measures to adopt
- conferences: establish a general framework and procedural obligations more than substantial ones– obligations that concern planning and programming strategies, monitor the effects of activities on the environment, cooperation on the sharing of information and notifications on threats
- institutionalisation (conference/ meeting of the parties)– monitoring procedures, compliance procedures aimed at inducing compliance more than imposing responsibility on those violating the rules. Institutionalisation is the typical product of a conference; the two main bodies are the COP and the secretariat.
1. COP= principal decision-making body that composed by the States that discuss issues relating implementation and compliance. COPs shall meet regularly
2. Secretariat: involved in administrative aspects of the COP, produces documents, organizes COPs
There are even other subsidiary bodies such as commissions of expertise to provide technical and scientific suggestions on implementation

Most of international environmental agreements require States to organize programs and national legislation so to give effect to the obligations of the conventions, in particular with regard to companies.

States are reluctant to bind themselves to envinromental obligations:
1. recultant to agree on measures that would give other States a stake in protecting their environment
2. economic reasons: environmental protection is much expensive

Although instruments about environmental international law are of non-binding nature conventions, conferences and COP all together contribute in the development of customary law and the crystallization of rules and principles in treaties.
COP= confereces of the parties; are typically concern with the development of the treaty’s obligation