Exam Flashcards

1
Q

Principle of Cooperation Article

A

74 UN Charter - 24 Stockholm

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2
Q

Article Principle of common but differentiated responsibilities

A

Art 7 Rio Decleration

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3
Q

Precautionary principle

A

PPLE 15 RIo

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4
Q

Polluters pay principles

A

ppl 16 RIo

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5
Q

Global pact for env 2018

A

proposed treaty, not adopted
- established the OEWG: open-ended working group

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6
Q

general assembly

A

principale policy making body UN

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7
Q

4 periods of IEL

A

1: early fisheries convention to UN
2: 1945-1972 un stockholm
3: S to Rio (1972-1992)
4: After UNCED( conference on env and development )

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8
Q

UNFCCC

A

international treaty combating climate change: UN Framework combating CC
adopted by the UNCED

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9
Q

AGENDA 21

A

comprehensive action plan: not binding, state level action, UN SUPPORTING ROLE
RIO

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10
Q

maritime zones

A

1internal waters + territorial sea
2 contiguous zone
3 exclusive economic zone
4 high sea

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11
Q

Trial Smalter case 1941

A

state are responsible for ensuring that activities within their territory do not cause even damage to other nations
PRINCIPLE OF SOVERIGNITY AND RESPONSABILITY

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12
Q

UNEP

A

established by the Stockholm declaration UN ENV PROGRAMME- action plan —LEADING GLOBAL AUTHORITY
promoting sustainable development and envelope protection

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13
Q

Declarations of Principles for P and E of HM

A

26 principles; preservation and enhancement

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14
Q

AR6

A

ASSESMENT REPORT 6- IPCC ( intergov panel con climate change)
- LIMIT GB TO 1,5
GHG PEAK BEFORE 2025
reduced by 43% by 2030
NET ZERO- carbon dioxide
for 1,5– to achieve by 2050s
for 2- to achieve by 2070

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15
Q

UNFCCC

A

155 parties and the EU in 1992, entered into force in 1994
197 now
stabilize GHG and limit emission
Art.4 : general commitment
ANNEX i: developed
REPORTING
LEGALLY BINDING INT TREATY

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16
Q

ANNEX II UNFCCC

A

Provide financial resources to developing countries

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17
Q

KYOTO PROTOCOL

A

1997, adopted under UNFCCC, binding- entry into force in 2005
Annex i: first commitment period= reduce by 5% below 1990 levels
NON-compliance = penalties

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18
Q

CDM

A

clean development mechanism, introduced by the KYOTO PROTOCOL
developed countries can invest in emission reduction in developing countries and count the reductions toward their targets

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19
Q

DOHA AMENDMENT 2012

A

Second commitment period
2013-2020 : reduce emission by 18%
not been universally ratified
US signed but never ratified

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20
Q

PARIS AGREEMENT

A

adopted 2015, entry into force 2016: 198 parties; climate justice in its preamble
NDC: national determined contributions
- submit effort to achieve their goal
- communicated every 5 years
- content upon the party
LONG TERM Low GHG emission

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21
Q

ART 6 Paris agreement

A

voluntary cooperation and carbon markets
INTERNATIONAL TRANSFER MITIGATION OUTCOMES (ITMOs) : allows country to trade carbon credits to meet their NDC

22
Q

GLASWGOW- sharm el sheik work

A

launched in COP26
PROMOTING GGA ( global goal on adaption)

23
Q

generations of HR

A

1 -civil and political rights
2- economic social and cultural right
3- collective rights: solidarity- env rights

2030 agenda recognized the link between HR and env

24
Q

Obligations of state

A

procedural obligations : asses env and HR harm before a projects

standard obligations: healthy env prevent harm
- some discretions to state
- non discrimination and non-regression

25
Q

ECHR position on Env

A

does not recognize the right to a healthy env
- many cases addressed and linked with right to privacy and family life

26
Q

COP

A

supreme body of UNFCC

27
Q

Art 9 paris agreement

A

developed to help financially developed countries

28
Q

OBJECTIVE PARIS AGREEMENT

A

Article 2(1)
- limit global temperature under 2C, limit the increase to 1,5C
- enhance climate resilience and adaption
- mobilize financial flows

29
Q

AMERICAN FEDERALISM

A

federal law> states law
federal and state gov share env regulatory responsibilities; state can set stricter standard

30
Q

NEPA 1969, passed by Nixon

A

national env policy act: magna carta of american environmentalism
- protect and prevent
- established the environmental protection agency : review the env impact statement

31
Q

CLEAN AIR ACT 1970

A

regulates emission start and provide waiver for CA to pursue more stringent emission standards
- state must submit plan
- waiver CA, section 209(b)
- technology standard used for clean up

32
Q

CLEAN WATER ACT

A

regulates pollutants discharges into US water
- achieve fish able and swimmable waters
- cap and trade system

33
Q

CAP AND TRADE

A

Cap and trade market is a system where the government sets a limit on the total amount of pollutions companies can emit
- companies can buy and sell permits that let them emit a certain amount: allowances
case Norway vs Guyana

34
Q

CEQA

A

california env quality act
- a project can be stopped if it doesn’t meat CEQA approval
- significant impact not defined by court

35
Q

Senate Bill 25

A

CALIFORNIA CHILDREN’s ENV HEALTH ACT
- laying down the data groundwork for the principle that we are all entities to a healthy environment
- good env policies must be grounded on science
- children are vulnerable
- limits highway close to schools
- prohibits smoking in and near schools

36
Q

CREPS

A

california renewable energy portfolio standard: specify certain percentage of the energy that companies can sell have to come from renewable fourcse
100% by 2045 clean energy

37
Q

problems of CREPS

A
  • lack of transmission lines: desert protect habitat
  • AI uses large data centers which consume a lot of power
  • natural gas still used by 36% - relise methane and strong GHG
38
Q

solutions CREPS

A
  • floating oceans platform- costly
  • green hydrogen : fight between the definition of green
  • EU taking step to develop green hydrogen ( concern over possibile leakage during production)
39
Q

bill 32

A

first program to reduce GHG emission: goal to return to 1990 levels by 2020 ( achieved in 2014)
- Net zero by 2045
- california air resources board responsability to develop the scoping plan

40
Q

TRANSPARENCY BILL 253 and 261
disclosure law

A

corporates doing business in california more than 1 billion revenue must report their GHG EMISSION
- challenged by business as violation CLEAN AIR ACT

41
Q

ADVISORY OPINION 23/17

A

IACHR recognize link env and HR
- Article 1(1) : right to life
- Vienna convention :
1 good faith
2 ordinary meaning given to the terms
3 premise is always from the best prospective for the protection of the individual

42
Q

ACHR

A
  • promoting protection of FHR regardless of nationality
  • living document doctrine
  • recognizes Enironmental protection and HR
  • Article 11 San Salvador protocol: right to a healthy environment
  • indigenous higher right to healthy env
43
Q

Article 11 San Salvador

A

right to a healthy environment and state shall promote the protection and preservation of env
- indigenous, poor, children, disabled : especially affected

44
Q

Jurisdiction Inter american court HR

A

jurisdiction arises when the state of origin exercises effective control over the activities that caused the damage and the violation of HR

45
Q

Right to a healthy env in Interamericns system

A

AUTONOMOUS RIGHT
- state obligations embodies prevention cooperation notification; respect of precautionary principle

46
Q

Case OROYA V. PERÙ

A
  • perù violated HR residents of Oroya, right to healthy env and right to life due to contamination of a company nationalised by peru and after bought us company
  • residents of oroya: high cancer due to the exposure to heavy metals
  • IACHR held that peru was responsible
47
Q

GREEN AMENDMENTS

A

state level amendments to enshrine the right to a healthy env
- 6 US STATE: Montana, Hawai, Illinois Massachusetts, Pensylvania, Rhode island — MHIMPR

48
Q

JULIANA VS US
held VS MONTANA

A
  1. dismissed with prejudice- oregon does not have green amendment
  2. state ruled in fvsour of plaintiffs: MONTANA HAS GREEN AMENDMENTS
49
Q

KLIMASIGNORINEM case

A

swiss old women against Switzerland
- insufficient action by the state on climate change
- violation of ECHR: right to life and respect to privacy and family life ( Art. 2-8)
- dismissed by switzerland four t
- ECHR found Switzerland government infringed their rights

50
Q

KLIMASIGNORINEM case

A

swiss old women against Switzerland
- insufficient action by the state on climate change
- violation of ECHR: right to life and respect to privacy and family life ( Art. 2-8)
- dismissed by switzerland four t
- ECHR found Switzerland government infringed their rights