responses to global environmental protection

Question 1

what is the concept of state sovereignty?

Answer 1

state sovereignty refers to the implicit recognition under international law that a state has authority over its citizens and territory, and can govern as it sees fit, without interference from any other state

Question 2

what is the role of state sovereignty in response to global environmental protection?

Answer 2

the ‘consensual theory’ and the doctrine of sovereignty have together undermined a global, holistic response to sustainable development; every sovereign state has the right to modify or reject international law even if it is a signatory to the treaty in question, which creates an issue in making legally binding guidelines on international environmental protection

Question 3

what is the role of the UN in response to global environmental protection?

Answer 3

in the UN’s early years, global environmental protection was of little significance, but now it is one of the dominant aspects of UN affairs; the UN has conventions such as the United Nations Framework Convention on Climate Change (1992) and the United Nations Convention to Combat Desertification (1994) that attempt to combat environmental issues- the programs and funds are subsidiary bodies of the UN General Assembly

Question 4

what is the UN Environment Programme (UNEP)?

Answer 4

the UN Environment Programme (UNEP) is a subsidiary of the UN General Assembly, with the stated mission of “providing leadership and encouraging partnership in caring for the environment by inspiring, informing, and enabling nations and peoples to improve their quality of life without compromising that of future generations”; the UNEP performs actions such as assessing global, regional and national environmental conditions and trends, developing international and national instruments and guidelines, acting as an advocate and educator, assisting the transfer of knowledge and technology for sustainable development and hosting several environmental convention secretariats

Question 5

what is the Intergovernmental Panel on Climate Change (IPCC)?

Answer 5

the Intergovernmental Panel on Climate Change (IPCC) is an organisation open to all member states of the UN and the World Maritime Organisation, that participates in the review stage of preparing reports and assessments, and in the sessions where decisions about the work of the panel are made and reports are accepted, adopted and approved; the work of the IPCC involves reviewing and assessing the most recent scientific information relating to climate change from around the world

Question 6

what is the UN Educational, Scientific and Cultural Organisation (UNESCO)?

Answer 6

the UN Educational, Scientific and Cultural Organisation (UNESCO) holds the primary function of promoting international dialogue and cooperation in the fields of science, communication, education and culture; UNESCO focuses on promoting sustainable development and biodiversity along with overcoming poverty and preserving cultural heritage, with its Natural Sciences Sector having a particularly direct role in fostering ecologically sustainable development

Question 7

what is the role of international instruments in response to global environmental protection?

Answer 7

international instruments are documents setting out commitments or obligations of states and sometimes other parties such as international organisations- they can generally be classified into two categories: soft law and hard law

Question 8

what are soft law instruments?

Answer 8

soft law instruments are international statements, such as declarations, that do not create legal obligations upon states but do create pressure to act in accordance with them

Question 9

what are some examples of soft law instruments in the area of environmental protection?

Answer 9

• Agenda 21
• Rio Declaration on Environment and Development

Question 10

what are hard law instruments?

Answer 10

hard law instruments are conventions and treaties that under international law create legally binding obligations

Question 11

what are some examples of hard law instruments in the area of environmental protection?

Answer 11

• Convention on International Trade in Endangered Species of Wild Fauna and Flora
• Montreal Protocol on Substances that Deplete the Ozone Layer
• Paris Agreement
• Kyoto Protocol

Question 12

what is the role of courts in response to global environmental protection?

Answer 12

prior to the establishment of the International Court of Justice (ICJ), there was practically no court or tribunal in place to settle environmental conflicts between states, since few issues had arisen- with the establishment of the ICJ, the previous need for the creation of an ad hoc tribunal for each and every environmental dispute came into existence; one problem with the ICJ’s role in settling global environmental disputes is that its jurisdiction depends on whether two or more nation states have consented to be bound by it- this seriously constrains its jurisdiction, considering that corporations are responsible for a vast number of the environmental problems today but cannot be held accountable by the ICJ

Question 13

what is the role of conferences in response to global environmental protection?

Answer 13

early international environmental law was ad hoc and generally regional in its approach; under the guidance of the UN, the first international conference to focus on the global environment was organised for Stockholm in 1972, and since then a so-called ‘mega conference’ has been held every decade to look at global environmental issues; The Conference of the Parties, the decision-making body of a convention, meet at intervals to continue negotiations for specific, legally binding commitments from the state parties

Question 14

what are some mega conferences that have been held in the area of environmental protection?

Answer 14

• Stockholm Conference 1972
• Nairobi Conference 1982
• Rio Conference: the 1992 Earth Summit
• Johannesburg 2002
• Paris 2015

Question 15

what is the role of intergovernmental organisations (IGOs) in response to global environmental protection?

Answer 15

various international bodies not directly linked to the UN also play a role in global environmental protection; the European Union (EU) set up an Environment Agency (EEA), to implement environmental policies for member states, which also includes an EU Sustainable Development Strategy that took effect in 2006; the Organisation for Economic Cooperation and Development (OECD) has as a primary focus the economic growth, employment and living standards of its member nations, but it too has recognised the need for the environment to be taken into account; the OECD Working Party on Environmental Performance conducts peer reviews of the environmental performance of OECD member countries

Question 16

what is the role of non-government organisations (NGOs) in response to global environmental protection?

Answer 16

governments are political in nature and often their perspectives on an issue are influenced by factors such as business and industrial interests- in response to growing environmental awareness over the last four decades, various NGOs have put pressure on governments to take into account environmental considerations, using a combination of action and advocacy to advance their agendas; examples include Greenpeace, the World Wide Fund for Nature (WWF), Friends of the Earth and the Plastic Pollution Coalition (PPC)

Question 17

what is the role of the media in response to global environmental protection?

Answer 17

both traditional media and social media have the potential not merely to shape popular opinion but also to determine it; the nature of media ownership in industrialised countries, especially where it is concentrated among just a few corporations, means that the line between information (reporting the news) and persuasion (influencing opinions about an issue) is not always clear; governments must take care not to exert too much influence on publicly owned media, even by well-intentioned efforts to ensure ‘balance’

Question 18

what is the role of Australia’s state powers and legislation in responding to global environmental protection?

Answer 18

under the Australian Constitution, the power to legislate on environmental issues can be considered to be a residual power; during the 1960s-70s, NSW passed a number of laws that were aimed at protecting the environment, including the Clean Air Act, Clean Waters Act and Pollution Control Act (these three Acts were repealed and replaced by the Protection of the Environment Operations Act 1997 (NSW), which consolidated these Acts and added significant new provisions); the Heritage Act 1977 (NSW), the Pesticides Act (repealed and superseded by the Pesticides Act 1999 (NSW)) and the National Parks and Wildlife Act 1974 (NSW)

Question 19

what is the role of Australia’s federal powers and legislation in responding to global environmental protection?

Answer 19

the Australian Constitution limited the role the Commonwealth could play in environmental affairs for much of the twentieth century- however, as awareness of environmental degradation and the loss of species and habitats became increasingly obvious, the federal government began to take a more active role; the main federal environmental law is the Environment Protection and Biodiversity Conservation Act 1999 (Cth)

Question 20

what areas of environmental protection are under Commonwealth jurisdiction?

Answer 20

• World Heritage sites
• national heritage
• nationally protected wetlands
• nationally listed threatened species and ecological communities
• listed migratory species
• nuclear actions
• Commonwealth marine areas
• land owned by the Commonwealth
• activities by Commonwealth agencies

Question 21

what are some international treaties that relate to global environmental protection?

Answer 21

• International Convention on the Regulation of Whaling (1946)
• Convention on International Trade in Endangered Species of Wild Fauna and Flora (1973)
• Paris Agreement (2016)
• Kyoto Protocol (1997)

Question 22

what are some acts of legislation that relate to global environmental protection?

Answer 22

• Protection of the Environment Operations Act 1997 (NSW)
• National Parks and Wildlife Act 1974 (NSW)
• Environment Protection and Biodiversity Conversation Act 1999 (Cth)

Question 23

what are some cases that relate to global environmental protection?

Answer 23

• Bury v Pope (1587)
• Leatch v National Parks and Wildlife Service (1993)
• Australian Conservation Foundation v The Commonwealth (1980)

Question 24

what are some media articles that relate to global environmental protection?

Answer 24

• “Climate crisis: Australia must ready for ‘devastating’ regional disruption, MPs told” (2023), The Guardian

Question 25

what are some statistics that relate to global environmental protection?

Answer 25

• in 1982, Greenpeace’s advocacy caused the International Whaling Commission to vote to ban commercial whaling
• low compliance has led to the Paris Agreement being largely ineffective