Protection Of Env Under IL

Question 1

Some general principles

Answer 1

1. No state has the right to use their territory in such a way as to cause harm to territory of another ( TRAIL SMELTER CASE Usa vs Canada) (corfu channel case)
2. Principle of balancing env protection with development- Rio declaration principle 2,3 + pulp mills on river Uruguay case
3. Precautionary principle- shouldn’t be delayed sighting lack of scientific evidence ( principle 15 of Rio)
4. Polluter pay principle - Rio principle 16, rhine arbitration- where France had to pay compensation to Netherlands due to emissions from FRENCH ALSACE POTTASSIUM MINES
5. Principle of common heritage and common concern of humankind . Convention on biological diversity
6. Sustainable dev - principle 3,4 of Rio
7. Principle of non discrimination- within their jurisdiction and abroad - convention on EIA in a transboundary context
8. States to immediately inform other states of possible risks because of accident in their territory ( post Chernobyl)
9. Common but differentiated- principle 7 of Rio

Question 2

Marine env

Answer 2

1. Unclos
2. Marpol adopted by imo
3. Int convention on civil liablity for oil pollution damage ( ship owner liable)
4. London convention - prohibits dumping of waste at sea

Question 3

Monitoring mechanism for promoting or ensuring compliance

Answer 3

1. Periodic reports
2. Onsite inspections
3. Non complaince procedure- advanced type- 1987 montreal protocol that depletes ozone layer
4. Collecting data - GEMS - global env monitoring system

Question 4

Difficulties in holding states accountable

Answer 4

1. Difficulty in provinng causal link between culpable activity and harm. Ex: pulp mills on river Uruguay case
2. Difficult to identify author of env harm particularly in case of long range pollution
3. Most cases MNC, individuals- still unclear whether states can be held accountable
4. The assessment of damage prove to be extremely difficult and complicated in view of numerous factors that should be taken into account

Question 5

1972 stockholm key

Answer 5

2- protection of env for present and future generations
4- economic development balanced with nature conservation
24- intl matters pertaining to env should be handled in cooperative spirit
25- intl org dynamic role
21- states can exploit their resources but sholdnt harm another

Question 6

Rio 1992

Answer 6

3- inter generational equity 
4-  development balance env
7- cbrd. Cooperation 
15- precautions
16- polluter pay
18- immediately notify other

Question 7

Sustainable development

Answer 7

1. First mooted by 1972 stockholm convention. Later final shape by brutland commission report - meeting the development needs of present generation without compromising on the needs of future
2. Rio declaration, rio+10 in Johannesburg also refers to the same
3. Strength lies in recognising the intersection of env and economic. Aims to create a workable solution
4. Key principles
   - inter generational and intra
   - refer dig
5. Icj propounded it in GABeikovo - NAGYMAROS case
6. Wto appellate body approved this concept when us banned shrimp from countries not using turtle exclusion device
7. Vellore forum case - the concept of SD- provides the best answer to the problem as to how to balance environment and development
8. Concrete - when unga formally articulated 30 agenda which has 17 sdg goals ( based on the future we want document of rio + 20) Monitored by un high level political forum under unesco