GEP - legal responses to the conflict between demand for resources and global environmental protection

Question 1

case law 3

Answer 1

• Nauru v Australia 1992 ICJ –> Australia funded ($107 million) to remedy the environmental damage caused by 90yrs of phosphate mining on Nauru land prior to their independence
• Thailand Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) 1975 threatened sanctions on Thailand for its ivory trading which would have costed Thai industries over $297 million in lost revenue annually, hence motivated cooperation with international laws and the international community wherein NGO TRAFFIC found a 96% drop in ivory products in retail markets 2014-2016
• Thailand submitted the revised ‘National Ivory Action Plan’ last month in accordance with the agreement made at the 65th Meeting of the CITES Standing Committee in July this year. Under the agreement, Thailand must adjust and enforce laws that would more effectively regulate the domestic ivory trade, possession and issuance of trade licenses as well as clamp down on the illegal ivory market
• There is a shift in mining of coal in Australia however –> - Gloucester Properties Ltd v NSW Planning Minister (2019) LEC –> judge refused permission for a new open-cut coal mine in the Hunter Valley due to the accelerating effects it would have on climate change, estimated that they would have mined 21 million tonnes of coal which would have resulted in over 85,000 pounds of CO2

Question 2

overview/general notes 1

Answer 2

• since the Industrial Revolution there has been a human dependence on resources which have improved the standard of living, in turn maintaining and increasing global populations, hence the dependency now is greater than ever

Question 3

list and briefly explain legislation 4

Answer 3

• UN Framework Convention on Climate Change established in 1992 to help support the global response to climate change curb fossil fuel emissions and promote sustainable practices
• Kyoto Protocol 1997 –> identified it was developed nations (US, China, Russia and Germany) that were the greatest CO2 emitters and thus a heavier burden was placed on them to reduce emissions. A21 established a mechanism to provide financial resources to developing nations to assist in the achievement of their goals
• Sustainable Development Agenda 2030 –> Australia aims to cut emissions by 43% by 2030 and reach net zero by 2050.
• Paris Agreement 2015 aims to reduce global warming to less than 1.5 above pre-industrial levels
• Climate Change Act 2022 (Cth) implement Australia’s net-zero commitments and codifies Australia’s net 2030 and 2050 GHG emissions reductions targets under the Paris Agreement

Question 4

effectiveness of the laws 3

Answer 4

• Kyoto Protocol was ‘doomed from its birth’ (Hunt, 2012, The Conversation), mainly because of its lack of consideration of economic situations but also: it is economically burdensome for developing nations who are only just beginning to achieve the advantages of consumption of resources
• Sustainable Development Goals Report 2022 found that 90% of global deforestation is due to agricultural expansion (illustrating how increasing populations and demand for food, especially meat is disrupting ecosystems), Energy related CO2 emissions increased 6% in 2021 reaching its highest level ever. Reliance on natural resources has increased 65% from 2000-2019
• Paris Agreement 2016 has shown limited effectiveness to date –> 1 billion tonnes of CO2 added to the atmosphere each year 2015-18 and with this global temperatures continue to increase –> since 1980 global temperatures are warming at an average of 0.18 degrees per decade, 2021 the sixth warmest year on record

Question 5

stats 3

Answer 5

• 75% of anthropogenic greenhouse gas emissions have come from the burning of fossil fuels (US Energy Information Administration)
• Coal exports contribute to approximate $50 billion in exports and provides over 50,000 direct jobs whilst also supporting another 300,000, (Pitt, 2021) (Australia)
• Almost 90% of global deforestation is for agricultural expansion (both crops and agricultural grazing) effects of deforestation –> climate change, desertification, soil erosion, fewer crops, flooding, increased greenhouse gases in the atmosphere