the nature of global environmental protection

Question 1

what is global environmental protection (GEP)?

Answer 1

global environmental protection (GEP) encompasses a framework of both legal and non-legal mechanisms in order promote ecologically sustainable development and the protection of both the natural environment and the built environment

Question 2

what is the ‘natural environment’ defined as?

Answer 2

the natural environment refers to all the elements that surround and influence life on Earth, including atmospheric conditions, soil, plants, animals, micro-organisms, the water cycle and the systems in which these elements interact

Question 3

what is the ‘built environment’ defined as?

Answer 3

the built environment refers to all of the buildings, transport routes and infrastructure, parks and other surroundings that have been made by people and constitute the setting for human activities

Question 4

what is local activism and domestic legislation in global environmental protection?

Answer 4

the phrase, ‘think globally, act locally’ has been used frequently in the context of environmental activism- it suggests the power of grassroots initiatives undertaken with a view to the health of the whole planet; concern about pollution and climate change placed environmental issues firmly in the public arena; in Australia, significant changes involving major shifts in values and ethics during the 1960s and 1970s also contributed to a rise in alternative views about the traditional profit-driven economy; ‘green’ politics emerged in the 1970s and suddenly conservation, ecosystems, environmentalism and social justice became major issues that governments were forced to address

Question 5

what are international conferences and treaties in global environmental protection?

Answer 5

a number of international conferences and multilateral treaties were conducted as a result of the social change surrounding the environment- for example, the United Nations Convention on the Law of the Sea (1982) was the result of the third UN Conference on the Law of the Sea, which took place from 1973 to 1982; the UN Conference on the Human Environment, which was held in 1972 in Stockholm, Sweden, was the first major conference to address broadly defined environmental issues; in Australia, a treaty does not have a direct effect unless and until it is incorporated into domestic law by the enactment of a statute- there are many domestic statutes that implement and reflect Australia’s international treaty obligations

Question 6

what is the environmental impact of consumption and development?

Answer 6

it is the delicate balancing act between environmental and economic interests that has become the critical issue in global environmental protection- poorer nations are very reluctant to impose restrictions on industries that provide income and employment even though it may be beneficial to the environment – quite simply, the needs of the current population are the priority; globalisation gives markets worldwide operation and multiplies the problems associated with the production of goods; the reasons for the links between development and environmental degradation are complex- globalisation and free trade have been accompanied, in many countries, by policies encouraging economic growth; without regulation, production of goods is usually highly energy intensive, uses enormous amounts of natural resources, and produces vast quantities of waste, and many of these resources are non-renewable or are used in an unsustainable manner

Question 7

what is globalisation?

Answer 7

globalisation is the ongoing integration of regional economies, societies and cultures brought about by the removal of restrictions on international trade, and advances in travel and mass communication

Question 8

what is free trade?

Answer 8

free trade is trade between countries that is subject to few or no government restrictions

Question 9

why is there a need for international environmental law?

Answer 9

like today’s markets and economies, detrimental environmental effects are also global- pollution, ocean acidification, global warming and ecological catastrophes causing massive damage to an ecosystem or the broader environment are not confined by national boundaries; both international and domestic environmental laws need to be dynamic, and to some extent holistic, in order to take account of political and economic changes, and new issues in human rights

Question 10

what is an ecological footprint?

Answer 10

an ecological footprint is a measure of human demand on Earth’s ecosystems, comparing human demand with the planet’s ecological capacity to regenerate; a person’s impact on the planet as a result of their lifestyle

Question 11

why is interdependence and cooperation necessary in global environmental protection?

Answer 11

pollution does not stop at geographical or political boundaries (for example, the Great Pacific Garbage Dump and global warming), resources are dwindling (for example, oil), more species are becoming endangered and ecosystems are being destroyed at alarming rates- the actions of one sovereign nation can severely affect other nations- for global environmental protection there is a need for ‘mutual dependence’, and the situation concerning the overexploitation of the world’s fishing stocks typifies this; it may be the case that measures such as ‘plans of implementation’ need to be supplemented by additional agreements, and by binding, enforceable prohibitions

Question 12

what are the origins of ecologically sustainable development?

Answer 12

in 1983, the UN asked a commission to study the consequences of environmental degradation on economic and social development; the World Commission on Environment and Development (WCED) produced an influential report in 1987 titled ‘Our Common Future’, also known as the Brundtland Report, which concluded that the goals of both encouraging economic growth in poorer countries and tackling problems of environmental degradation and resource depletion can be met, but to achieve ecologically sustainable development, both individuals’ lifestyles and governments’ policies regarding people’s environmental impact would have to change

Question 13

what is the definition of sustainable development?

Answer 13

the Brundtland Report defines sustainable development as ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’

Question 14

what are the central principles of ecologically sustainable development?

Answer 14

four central principles of ecologically sustainable development are found in the agreements produced by the Rio Conference (1992); these are:
* biodiversity
* intergenerational equity
* intragenerational equity
* the precautionary principle

Question 15

what is the principle of biodiversity?

Answer 15

biodiversity is the variety of life forms within an ecosystem, a biome or the planet, and is important for many reasons; diverse ecosystems are more productive, which is a significant issue for agriculture- they can better withstand and recover from disasters; diverse ecosystems, species and habitats are more sustainable over the long-term, and species’ interdependence within an ecosystem contributes to the health of both the ecosystem itself and the life forms within it; a variety of genes in a population is important to health (for example, in decreasing the incidence of harmful mutations); the Convention on Biological Diversity (1992) sets out three main goals – the conservation of biological diversity, the sustainable use of resources, and the fair and equitable sharing of the benefits from the use of genetic resources

Question 16

what is the principle of intergenerational equity?

Answer 16

intergenerational equity, or equity between generations, is the idea that ecosystems and the environment in general should not be passed on in any worse condition from one generation to the next; the Rio Declaration on Environment and Development (1992) (‘Rio Declaration’) refers to development that meets the needs of both present and future generations, reflecting the idea that individuals at a particular time have a responsibility to those who will be living in the future

Question 17

what is the principle of intragenerational equity?

Answer 17

intragenerational equity, in contrast to intergenerational, refers to fair and just treatment of groups of people within a generation- it is accomplished through policies that endeavour to raise the standard of living of disadvantaged peoples and nations, and to ensure that the management and use of the environment does not exploit them; the Rio Declaration enjoins states and individuals to cooperate in eradicating poverty as a necessary condition of sustainable development, and articulates their duty to reduce and eliminate wasteful patterns of production and consumption

Question 18

what is the precautionary principle?

Answer 18

the precautionary principle refers to principle 15 of the Rio Declaration, which states that ‘where there are threats of serious or irreversible damage [to the environment], lack of full scientific certainty shall not be used as a reason for postponing … measures to prevent environmental degradation’, meaning when an activity raises the risk of serious harm, but there is uncertainty about how likely the risk and how serious the harm, a cautious approach is the best way to avoid that harm; the precautionary principle also refers to omissions; for example, if we fail to act on climate change because there may be some uncertainty in the science, there is a risk that we will cause significant environmental harm

Question 19

what has been ecologically sustainable development in domestic law?

Answer 19

in 1997, the Council of Australia’s Governments (COAG) produced an agreement on the ‘Commonwealth – State Roles and Responsibilities for the Environment’, which led to the enactment of the Environmental Protection and Biodiversity Conservation Act 1999 (Cth), which overarched much of the state and local government laws and regulations regarding environmental protection and aimed to overcome the fragmentation of authority that was evident; various state laws include the principles of ecologically sustainable development; for example, the Fisheries Management Act 1994 (NSW) and the Local Government Act 1993 (NSW); while the precautionary principle is an element of Australian law, it is quite difficult to enforce by virtue of its uncertain nature