Law Of The Environment Flashcards
1940s first legal case
Right of countries to pollute
To gain economic need
Environmental International Law
Progressive: “modern field of law”
Arbitration Tribunal 1941
The Trail Smelter Case
First case dealing with a state/private causing pollution in a neighboring state.
Responsible for transnational pollution
State is always responsible (doesn’t matter if a private company is doing)
Must PROVE causation and injury
Domestically (US)
Hippies – mass movement (popular persons)
Epistemic Community
Knowledgable community (scientific)
1972 club of Rome
Limits to growth (published book)
Scientists, political policy makers, etc.
Predicament of mankind - issue for the year
Worlds population exponential growth – studies what to do with this “monstrous population + economy attached to the population? And as a result pollution of the population”
Before the carrying capacity limit by 20 billion
Due to natural law
Natural law
limit human beings, animals discover this limit and don’t reproduce.
US domestic IL Environmental law
US was ahead, before laws went international
London Ocean Dumping Convention 1972
OECD
Stop dumping high level nuclear, hospital, radioactive, chemical waste in all/any waters
France, Switzerland, and UK – knowing they couldn’t dump it IN the water, buried it in the ocean floor
1985 Vienna Convention for the Protection of the Ozone Layer
NOAA and NASA
Influenced by ozone hole over Antarctica
CFC gases - reduce and eliminate production and uses of these gases
Another ozone hole over arctic results in the 1987 Montreal Protocol
Prompts fixed date of 2000 to eliminate production and usage of CFC gases
Tremendously successful. Scientists accomplished the task by using substitutes for CFC gases
HICs vs Others
HICs - rich countries that mostly produce CFC gases
Consume and produce
Others - will sign, BUT wanted differentiated responsibilities
Not to totally eliminate, but to phase them out
Kyoto Protocol
Common goals differentiated responsibilities
