GEP - the role of law in relation to global threats to the environment

Question 1

global threat: biodiversity 3

Answer 1

• According to the Worldwide Fund for Nature Living Planet report 2020 the world has seen an average 68% drop in mammal, bird, fish, reptile and amphibian populations since 1970 mainly caused by habitat destruction due to unsustainable agriculture or logging, by 2050 its predicted there could be more plastic than fish in the sea by weight
• Convention on International Trade in Endangered Species (e.g. tiger and red panda) of Wild Fauna and Flora 1973 –> aims to ensure that international trade in wildlife does not threaten wild populations of plants and animals. However it is challenging to enforce and regulate the effectiveness of: many individuals of trading do so from or between developing nations which may not be able to afford an office for the administration of treaty obligations. Also fees from hunting licenses may benefit the gov.
• Convention on Biological Diversity 1992 aims to: conservation of biodiversity; sustainable use of biodiversity; and the fair and equitable sharing of the benefits arising from the use of genetic resources

Question 2

global threat: climate change 3

Answer 2

• Medium- to large-scale disasters will increase 40% from 2015 to 2030
• United Nations Framework Convention on Climate Change (UNFCCC) established international environmental treaty to combat dangerous human interference with the climate system, especially in stabilising greenhouse gas emissions 1994
• the Intended Nationally Determined Contributions (INDCs) for the UNFCCC that have so far been announced fall far short of bringing the world on a below 2°C trajectory according to Climate Action Tracker, 2015

Question 3

global threat: global warming 2

Answer 3

• Paris Agreement 2015 aims to reduce global temperatures to 2 or ideally 1.5 degrees above pre-industrial levels –> established ‘nationally determined principles’ meaning that each state creates its own goal as an improvement from Kyoto which failed to consider individual state’s economic situation, this change is in aim that the nation state will be more likely to reach their goal in making it attainable for them. It will also conduct a global stocktake every 5 years to track progress
• increase in CO2 emissions continues to accelerate global warming as the gases get trapped in the earth’s atmosphere

Question 4

case law 2

Answer 4

• Costa Rica v Nicaragua ICJ 2018 –> Costa Rica claimed Nicaragua inflicted environmental damage to their rainforests and wetlands, they demanded compensation for the environmental loss however Nicaragua was only willing to pay replacement value rather than compensation. ICJ decision set the precedent that loss of ecology could be subject to monetary compensation. The court took into account the improbability that the rich biological diversity prior to Nicaragua’s unlawful activities could be repaired in the near future, placing value on the importance of these ecosystems, predicted it would take 50 years to recover. Costa Rica was awarded $6.7 million in compensation
• In response to the Kyoto Protocol 1997 which Australian ratified in 2007, the Gillard government introduced the Clean Energy Act 2011 (Cth) which created the carbon tax which was subsequently repealed by Abbott in 2014, cost the average household an extra $500 annually
• 2% reduction in emissions. However, research conducted by Australia’s Climate and Energy Institute found that if this law had stayed in place, Australia’s emissions would be 25 million tonnes lower in 2020

Question 5

global threat: ozone depletion 4

Answer 5

• 198 states ratified the agreement, the only UN treaty that has ever been ratified by every country which was effective in prompting law reform domestically for states to meet their international obligations such as Ozone Protection Act 1989 (Cth)
• Highly effective in phasing out CFCs and improving the state of the ozone layer – 95% of the ozone layer holes tracked since 1979 were closed in 1988 of which without, UV radiation in mid-latitude locations would have quadrupled
• Alternatives to CFCs were readily available and cost-effective, suggestive that this achievement was perhaps due to the economic convenience for states
• Montreal Protocol on Substances that Deplete the Ozone Layer 1987

Question 6

stats 7

Answer 6

• Ipsos Climate Change Report 2022 shows the majority of Australians are concerned about climate change (83%) and 70% consider that Australia is already being affected by climate change
• the no. of extinctions worldwide has been 53x higher than normal since 1990
• WWF’s Living Planet Report 2022 include:
  Global wildlife populations fell by 69%, on average, between 1970 and 2018
• Australia received ‘F’ for biodiversity WWF 2022
• 90% of mangroves and sub-tropical forests have been converted to human uses - Sustainable Development Goals Report
• The latest State of the Environment report found that Australia is home to more than 600,000 native species, many of which are not found anywhere else in the world
• since 2016, more than 200 plants and animal species have been added to the government’s threatened species list. These include the koala, the gang-gang cockatoo and Watson’s tree frog

Question 7

quotes 4

Answer 7

• ‘the world is barreling towards calamitous climate impacts’ and ‘Every one of the world’s leading economies, including all the countries that make up the G20, is failing to meet commitments made in the landmark Paris agreement’ - The Guardian, 2021
• “The declaration today is out of step with the international community, let alone the protection needed to safeguard the future of our oceans and these majestic creatures,” Sam Annesley, executive director at Greenpeace Japan, The Guardian, 2018 describing decision to leave International Whaling Commission
• ‘one of the most successful and effective environmental treaties ever negotiated and implemented’ - The Conversation, 2012, Rae
• Australia has ‘tragic legacy of extinction’ - SMH 2022