History and Development of IEL Flashcards
Explain the ‘tragedy of the commons’
A shared resource (like the village green) being subject to possible overuse unless something is done to prevent or regulate the overuse
If everyone is given free access we will eventually run out of resource (the grazing areas) as everyone will try and maximise their own benefit
Describe how the 3 regulatory approach options would deal with over-grazing of sheep on the village green? (tragedy of the commons)
Command and control procedure: limiting one sheep per household etc.
Economic approach: place a charge on raising the sheep there – might make less people use the village green, thereby protecting the environment
Education (information based approach): could make people aware of the damage/danger of raising too many sheep there
Early developments exemplified by the Train Smelter arbitration?
Trail Smelter arbitration between USA and Canada concerning transboundary air pollution - destroying crops through acid rain.
Was first formulation of no harm principle that: “no state has the right to use or permit the use of its territory in such a manner as to cause injury … in the territory of another”
Early developments exemplified by the Bering Seal Fur arbitration?
Bering Seal Fur arbitration between USA and the UK concerning exploitation of fur seals in the US’ waters – USA was worried that the fishing of seals at sea was having a negative impact on their source of seals at home. So tried to stop Russia and Britain catching seals
The tribunal said they don’t have jurisdiction over the sea, however, the states involved did have an obligation to come together to sort the matter out; the principle of cooperation – where faced with an environmental problem, there is an obligation to attempt to resolve it
What are 2 limitations of the early developments?
The solutions themselves were very narrow- concerned more with protecting individual interests rather than the resource
Also narrow in the sense that they focused only on certain species
Describe some 1960s-70s influences on the growing tension between developed and undeveloped states? (prior to Stockholm)
(4)
- Growing number of newly independent countries
- Concern for those states was what they saw as an inequitable order – they continued to be poor while developed countries got wealthier - Developing states wanted shared value of minerals on the seabed etc., but were disadvantaged in that didn’t have technology to get it
- Strong desire for developing countries to be able to control their own resources; so wanted to exclude developed countries from taking their resources
- Poverty concern: developing countries are firm in the belief of their right to develop
What were the 2 key instruments to come out of the United Nations Conference on the Human Environment 1972 (Stockholm)?
Resulted in the adoption of:
- The 1972 Stockholm Declaration on the Human Environment (Stockholm Declaration) and,
- The Action Plan for the Human Environment
Is the Stockholm Declaration hard or soft law?
And what are the 3 key themes of the SD that the principles focus on?
Soft law
- To inspire and guide the peoples of the world in the preservation and enhancement of the human environment”
- Managing natural resources
- Acknowledge the interests of Developing States and the need to assist them
Does the Stockholm Declaration contain any concrete guidance on how to achieve goals? And has it been affective?
The Declaration is mainly just suggestions that states need to cooperate more
Ultimately, most of the Declaration hasn’t had much of an impact (although we see principle 21 being upgraded to principle 2 in the Rio Declaration)
What were the 3 main areas of focus of the UN Conference on Environment and Development (UNCED) 1992 (Rio de Janiero)?
Rio was the largest environmental conference of the time, and included turnout from private sector as well (NGOs)
Concern about particular issues including the ozone layer, climate change and biodiversity
What two organisational bodies were established after Rio?
The Global Environmental Facility and,
The UN Commission on Sustainable Development
-Organisation to channel money into poorer nations
What were 2 key themes of the Rio Declaration?
- Had a much greater emphasis on sustainable development than Stockholm did
- A lot of references to developing countries
Besides from the two key themes, what else did the Rio Declaration focus on?
(R.I.O. P.P)
RECONCILIATION between environmental protection and economic development
Environmental IMPACT assessments
pOlluter pays
PROTECTION of public rights
PRECAUTIONARY approach
What brought about the World Summit on Sustainable Development 2002 (Johannesburg)?
Environmental fatigue set in by the end of the 1990s, and environmental issues had slipped behind eradication of poverty and improving living standards on most agendas
Calls for a follow up to Rio
Why did the World Summit on Sustainable Development 2002 (Johannesburg) not have much of an affect?
- Many states were cautious of re-negotiating Rio
2. Environmental concerns had slipped on a lot of countries agendas (post 9/11)
