Human Rights and Environment

Question 1

Human rights developments at the end of WW2

Answer 1

The Universal Declaration of Human Rights 1948, considered the foundation of international human rights law, and the European Convention on Human Rights in 1950.

Question 2

Sources of international law

Answer 2

It is not codified, treaties and conventions, international customs and conventions such as diplomatic immunity, general laws in civilised nation if illegal at a national level, then also at an international, judicial decisions, legal writings.

Question 3

ICJ relevance

Answer 3

Founded 1945 as a main organ of the UN, based in the Hague, disputes between UN member states, largely territorial.

Question 4

ICC

Answer 4

Also based in Hague but not part of the UN, responsible to trying individuals for genocide, war crimes, or crimes against humanity, permanent replacement for tribunals used in post WW2 period like in Yugoslavia, set up 1998 Rome Statute, 124 states signed but many not ratified eg China and US, 2016 South Africa left with some others, due to perception of African bias. 3 convictions by 2017 for Congo.

Question 5

Significance of ICC case against Gbagho

Answer 5

Former Cote d’Ivoire president charged with crimes against humanity but acquitted after appeal, changed narrative around African bias, demonstrated impartiality of judges

Question 6

UN tribnals

Answer 6

Two notable, Yugoslavia and Rwanda, to punish perpetrators of war crimes and genocide, eg Rwanda tribunal sentenced 61 individuals for crimes. Also ones in Sierra Leone in 2002 - Liberian president Charles Taylor sentenced to 50 years - and Cambodia in 1997.

Question 7

Criticisms of UN special tribunals

Answer 7

Charles Taylor was imprisoned in the UK leading to neo-colonial accusations that Africa could not deliver its own justice, Serbians said convictions were one sided due to NATO bombing of civilians.

Question 8

ECHR

Answer 8

Council of Europe (not EU related) established 1949 as a response to the Holocaust, 47 member states, court was launched 1959 as a court of last resort, not directly enforceable but states have agreed under international treaty.

Question 9

Original post WW2 tribunals

Answer 9

Two known as the Nuremberg and Tokyo trials calling out atrocities by Germany and Japan, controversial as prosecuted for crimes that were not actually crimes at the time they were committed, but was first example of truly international not individual states prosecuting.

Question 10

Oppositions to the UNDHR

Answer 10

Saudi Arabia refused to sign as claimed it breached Islamic law, they do not allow freedom of religion, the Cairo Declaration on Human Rights in Islam was signed 1990 attempting to give an alternative perspective, but freedom of religion is contentious.

Question 11

The Yugoslav Wars tribunal

Answer 11

Established by the UN in 1993 and was first tribunal to indict a sitting head of state, Milosovic, but he died before ruling, an army officer was the first to be found guilty of genocide for the murder of 7500 Muslim men and boys in Srebrenica in 1995, the trials are still ongoing.

Question 12

Issues with intervention

Answer 12

A key issue is intervention, sovereign states have rights but many states feel moral obligation, but intervention assumes a universal moral standard, sometimes labelled as cultural imperialism, intervention could be to further own power, it’s not guaranteed to improve things, it contradicts ‘just-war’ theory, that conflict should always be a last resort.
Cultural relativism: culture and morals relative to different regions/states, the Bangkok declaration was a rejection of rights of the individual by some Asian states.

Question 13

Humanitarian intervention in the 1990s

Answer 13

The end of the cold war made intervention possible as the UNSC could sanction more, new era of liberal triumphalism, failures include Srebrenica 1995, Rwanda 1994, and Somalia 1994, however 1999-2005 saw considerable success in Sierra Leone.

Question 14

What determines success of intervention?

Answer 14

Feasibility: objectives need to be clear and with an understanding of the state’s situation/ideals
Mandate and commitment: sufficient force commitment is needed
Nation building: states under dictators do no have suitable political organs, post intervention need external aid eg in Bosnia Paddy Ashdown
Legitimate government: worked in Sierra Leone as government popular, but in South Vietnam supported unpopular government

Question 15

Reasons for selective intervention

Answer 15

Practical difficulties behind intervention eg during the Syrian Civil War, not realistic for military involvement in the middle east, often opposition domestically eg Afghanistan, questioning high casualty rate for Americans, national self-interest, if conflict unlikely to threaten stability like in Darfur, states may not feel the need to get involved, public interest and media coverage important.

Question 16

R2P

Answer 16

An attempt to conflate national sovereignty with humanitarian intervention, Responsibility to Protect, in place since 2005, if a state fails to protect its citizens it forfeits its national sovereignty.

Question 17

Clinton and Blair

Answer 17

Blair’s Chicago Speech 1999 argued that politics was inseparable from morality and ‘ethical foreign policy’ was needed, Clinton developed the ‘Clinton Doctrine’ 1999, calling for ‘responsible sovereignty’ and that US would intervene when values met interest

Question 18

Western double standards

Answer 18

USA criticised in Cold War for overthrowing democracies to support anti-communist military regimes, especially in its ‘sphere of influence’ in Central and South America, eg Somoza family dynasty in Nicaragua. Continued double standards eg Guantanamo bay as a detention camp that used waterboarding, British accused of torture and violence in Iraq, 2013 a British marine was found guilty of executing an injured Afghan.

Question 19

Criticisms of intervention in Libya

Answer 19

Accusations of imperialism, West had known of Gaddafi’s abuses for decades but only intervened when it felt fit, strategic goal was the fall of Gaddafi not just humanitarian aid.

Question 20

Arguments against accusations of Western imperialism

Answer 20

Inconsistency does not always indicate imperialism, inaction in regions like China because of pragmatic approach, it is not feasible to intervene

Question 21

Types of environmental ideology

Answer 21

Environmentalism: general political concern but not necessarily an ideology
Ecologism: seeks to change human relationship with environment fundamentally, ecocentric not anthropocentric.

Question 22

Threats from climate change

Answer 22

• Toxic air pollution in cites eg death of girl in 2013 in London officially attributed to air pollution
• Low countries threat of complete flooding eg Maldives underwater parliament to raise awareness
• Antarctic sea ice at lowest ever level

Question 23

The UNFCCC

Answer 23

United Nations Framework Convention on Climate Change established in Rio 1992, provided roadmap for future conventions and is ratified by 127 states, meet annually to discuss progress, however only a set of recommendations not legally binding, collects reports from developed states and requires them to do the most, requires states to prioritise human safety even with scientific uncertainty.

Question 24

The IPCC

Answer 24

Intergovernmental Panel on Climate Change, set up 1988 to provide impartial evidence to guide governance on climate change, look at physical changes, impacts and migration of climate change, produces Assessment Reports, of which there have been six, most recent in 2022, have proved significance of climate change and estimated over 3 degree rise by 2100, however criticised for drawn out process meaning often out of date, accused of scaremongering, advises and cannot force, COP24 failed to adopt IPCC policy into report.

Question 25

Problems with global environmental governance

Answer 25

Disagreement over how to balance sustainability with economic growth, ‘tragedy of the commons’ argument that competing states will never be able to reasonable share common resources, disagreement over share of responsibility, historic or current?

Question 26

Shallow green ecology

Answer 26

Reformist, believe in finding balance between economic growth and environmentalism, as climate change will affect prosperity in the long run so should accept compromises like decline in living standards now, believe in international cooperation, utilising innovation eg carbon capture, and making environmentally damaging choices more costly.

Question 27

Deep green ecology

Answer 27

More radical than shallow, reject sustainable growth as believe growth and capitalism is root cause of environmental damage, also reject anthropocentric view of environment in favour of ecocentrism, want radical shift to less materialism, advocate for human population control to minimise human impact, believe ‘happiness economics’ (Layard) that once have minimum happiness doesn’t increase, Kenneth Boulding argued ‘spaceship earth’ and we were heading to entropy, advocate for futurism and stewardship

Question 28

Sustainable development

Answer 28

Idea developed through 1987 Brundtland report ‘Our Common Future’, explicitly advocated for sustainable consumption to preserve for future generations, and equity between developed and developing states, report paved the way for the Rio Earth Summit 1992.

Question 29

The global commons

Answer 29

Defined by UN as ‘resources or areas that lie outside the political reach of any one nation-state’, apply to seas and oceans, Antarctica, the atmosphere, and outer space, all facing environmental damage but difficult to incentivise states to act eg estimated 3.5 million deaths per year due to atmospheric pollution, some agreements eg 1959 Antarctic Treaty prevents colonisation or use of continent for military purposes, 1987 Montreal Protocol ban CFCs for damage to ozone layer, 2023 Global Ocean Treaty,

Question 30

Tragedy of the commons

Answer 30

Garrett Hardin argued, global commons with inevitably decline as each places self-interest before collective good, states competing for power mean wont sacrifice economy eg UK fracking, oil and gas, however some changes as damage becoming more clear eg China environmental due to high death level from air pollution.

Question 31

Role of the UN in environmental protection

Answer 31

The UN has sustainable development as a major focus, MDGs were replaced by SDGs in 2015, SDG13 is taking ‘urgent action to tackle climate change’, sponsors research, education and training, investment in low carbon technology, data and information

Question 32

Rio

Answer 32

1992, known as ‘Earth Summit’ largest gathering yet, established the UNFCC and had declaration on environment and development, paved way for further summits, sustainable development focus has les to holistic approach and allowed NGOs to be represented, however agreements weren’t legally binding and there was disagreement over responsibility.

Question 33

Kyoto

Answer 33

1997 UN conference, Kyoto protocol in which developed countries agreed to cut emissions by at least 5.2%, EU given 8% target, include flexibility mechanisms, only ratified by 83 countries, was first legally binding targets, however, didn’t come into force until 2005, the requirements are not enough to stop global warming, USA withdrew in 2001, India and China weren’t required to sign because then developing but now have become significant polluters.

Question 34

Copenhagen

Answer 34

2009 UN conference, resulted in Copenhagen accord set up green investment fund, developing countries to receive $100 billion by 2020 and agreed to keep temperature rise to 2, China and other emerging economies committed to accord, however many negotiations happened behind the scenes with USA and BASIC group, no legally binding commitments.

Question 35

Paris

Answer 35

2015 COP21, first legally binding climate change deal, 174 countries signed states set own targets for cutting emissions but aim for 1.5, Intended Nationally Determined Contributions (INDCs), however INDCs mean doubts over effectiveness, Trump withdrew.

Question 36

Obstacles to international environmental cooperation

Answer 36

• Sovereignty
• Divisions between developed and developing states
• Disagreements over responsibility
• Disagreements over how pollution should be measured, current or cumulative
• Climate change denial

Question 37

Greenhouse gas emissions and the EU

Answer 37

EU has highly coordinated environmental policy to protect common market, more than 80% of EU states’ regulations agreed at an EU level guided by the Commission, high integration mean high burden sharing, northern developed states agreed to cut emissions by up to a quarter to allow development of southern less developed states, most ambitious targets in the world.

Question 38

Divisions over climate change responsibility

Answer 38

Developed states industrialised earlier, and produce more greenhouse gasses eg US produced 25% of CO2 emissions in the 1990s for 5% of the population, many emissions in developing world due to goods manufacture by developed states, yet restrictions could damage economic growth, so principle of ‘common but differentiated responsibilities’, disputed by developed states like US who argue can’t hold accountable for past mistakes. Furthermore, not all of world affected equally like Northern Hemisphere but others like ASIS disproportionately affected by other states’ actions.

Question 39

Climate change denial

Answer 39

Significant lobby in the USA, fossil fuel industry and right-wing libertarian think tanks sponsor scientists to question human influence on climate, may have influenced public opinion, in UK less than 1% voters believe climate among most important issues.

Question 40

Non-state actors on climate change

Answer 40

Cities: can act quicker eg 2003 London congestion charge which led to 13% reduction in gasses in first year, SuperTree Grove in Singapore
MNCs: can provide renewable energy, follow sustainablility eg utility company Engie collaborate on SDGs
NGOs: active in pushing for more radical solutions, lobby states and attend conferences eg Friends of the Earth over 2 million members worldwide, secured the 1.5 threshold at Paris, Greenpeace succeed with Global Ocean Treaty in 2023 to protect 30% by 2030.