internationalenvironmentallaw (1)

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International Environmental Law andIssues: A Report

Shrestha, Joeti L.

MAIR

_________________________________________________________________________________

Submitted to Claro M. Recto Academy of Advanced Studies as a requirement inpartial fulfillment for the degree of Masters in International Relations dated March 7,

2008 at the Graduate Reading Room, Lyceum of the Philippines University,Intramuros, Manila.


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Table of Contents

I. Introduction1

II. Foundations of International Environmental Law2

III. Sources of International Environmental Law...5

a) International Agreements....5

b) Customary International Law..6

c) Judicial Decisions.6

IV. Organizing Principles..6

V. Supranational Organizations.....7

VI. Environmental Issues.8

a) Biodiversity8

b) Global Warming and Climate Change..9

c) Water Scarcity....11

VII. Conclusion.12


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I. Introduct ion

The world is currently grappling with boundless questions regarding environment and

the harm we have done to the earths fragile ecosystem. Is global warming really

happening? Are low laying countries going to be under water forever? Are we going to face

disastrous natural phenomenon often? Are we going to face global crisis in terms of food

and safe drinking water? Are animal and plant species going to go extinct? Will humans die

in millions? Are we really the culprits? These are the few questions which are frequently

raised. To all these questions, there is only one answer- Yes.

No matter we like it or not, we have already seen some of the consequences of

environmental problem, such as Hurricanes, La Nia, Flooding all around the world, atypical

climate change to name a few.

Environmental problems demonstrate how vulnerable we are to developments in

distant places and how we need to cooperate across national boundaries to deal with them.

This issue reminds us that the earth is a single biosphere, and that problems in one country

are other countries problems as well. Hence understanding the malignant effect; scholars

and politicians, leaders of international organizations and non- governmental organizations

and ordinary citizens worldwide are linking environmental security to human security and to

the traditional concerns about national security.1 The international community have already

come together to address the issue by which, measures are taken to protect the

environment. To ensure that the world stays on track, the international environment law was

proclaimed.

Modern international law has emerged from the ruins of two world wars.2 The system

itself has gone through considerable change from The League of Nations to The United

Nations.

International law is the law that states make to regulate matters among them: first

and foremost, war and peace and, after the attainment of a minimum peace and order, other

1

Richard J. Payne, Global Issues, Pearson Education Inc., New York, 2007. p. 2532Elli Louka, International Environmental Law: Fairness, Effectiveness and World Order, Cambridge

University Press, New York, 2006, p. 5


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matters including economic development, trade, intellectual property rights and the

environment are handled.3 A number of organizations have been developed to deal with

such matters; including the World Trade Organisation (WTO) with regard to matters that

affect trade and the United Nations Environment Program (UNEP) with regard that affect the

environment.

To this regard, the reporter saw the need for awareness regarding the environmental

issues hence the report was conceived. This report is an overview on the international

environment law, environmental issues and bodies concerning the improvement of the

deteriorating environment.

II. Foundations of International Environmental Law

Law has been defined as an institution of status quo preservation but also as a

means for social change. International environmental law was initially conceived as an

institution that would establish rules for the management of environmental problems that

started to become all too obvious in the late 1970s. 4

International environmental law is the body of international law that concerns the

protection of the global environment. Originally associated with the principle that states must

not permit the use of their territory in such a way as to injure the territory of other states,

international environmental law has since been expanded by a plethora of legally-binding

international agreements. These encompass a wide variety of issue-areas, from terrestrial,

marine and atmospheric pollution through to wildlife and biodiversity protection.5

The key constitutional moments in the development of international environmental

law are:

the 1972 United Nations Convention on the Human Environment (UNCHE),

held in Stockholm, Sweden;

3

Ibid. at p.5.4

Ibid. at p.655Charlotte Ku & P.F. Diehl, International Law: Classic and Contemporary Readings. Lynne Rienner Pub.,

Colorado, 2004. p. 385


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the 1987 Brundtland Report, Our Common Future, which coined the phrase

'sustainable development';

the 1992 United Nations Conference on Environment and Development

(UNCED), held in Rio de Janeiro, Brazil

The 1972 United Nations Conference on the Human Environment focused on the

'human' environment. The conference issued the Declaration on the Human Environment, a

statement containing 26 principles and 109 recommendations (now referred to as the

Stockholm Declaration). The creation of an environmental agency was also approved, now

known as United Nations Environmental Program (UNEP). In addition, there was the

adoption of a Stockholm Action Program. There were no legally binding outcomes resulting

from the Stockholm Conference. Principle 21 of the Declaration was a restatement of law

already in existence since Roman times, namely that of 'good neighbourliness'.

The 1992 Rio conference (also known as the Earth Summit) led to the adoption of

several important legally binding environmental treaties, namely the 1992 United Nations

Framework Convention on Climate Change and the 1992 Convention on Biological Diversity.

In addition, the parties adopted a soft law Declaration on Environment and Development

which reaffirmed the Stockholm Declaration and provided 27 principles guiding environment

and development (now referred to as the Rio Declaration). Another influential soft law

document that the parties adopted was Agenda 21, a guide to implementation of the treaties

agreed to at the Summit and a guide as to the principles of sustainable development.

Agenda 21 also established the United Nations Commission on Sustainable Development

(CSD) and the Global Environment Facility (GEF). Finally, the non-legal, non-binding Forest

Principles were formed at the Earth Summit.

A further meeting was held in 2002, known as the World Summit on Sustainable

Development (WSSD), held in Johannesburg, South Africa. It attained only limited progress

towards stricter global regulation of human impacts on the natural environment.


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Nonetheless, the WSSD brought a renewed emphasis on the synergies between combating

poverty and improving the environment.6

Even though states recognize the need to cooperate, political and economic

considerations often weaken the effectiveness of environmental agreements. These include,

1. The lack of centralized authority in a world of sovereign states;

2. The gap between agreements and actual practice;

3. Disagreements between rich and poor countries about the economic implications

of environmental agreements;

4. Efforts by economic interests and governments to avoid compliance; and

5. A general perception that it is better to have an agreement, largely to satisfy

demands for action.7

Major International Environmental Agreements

Year Agreement

1900

1909

1911

1913

1940

1946

1954

1958

1959

1963

1968

1972

1972

1973

1975

1979

1985

1987

1989

1991

Convention for the Preservation of Animals, Birds and Fish in Africa

International Congress for the Protection of Nature

The North Pacific Fur Seal Treaty

Consultative Commission of the International Protection of Nature

Convention on Nature Protection and Wildlife Conservation in the Western Hemisphere

International Convention for the Regulating of Whaling

International Convention for the Prevention of Pollution of the Sea by Oil

Convention on the High seas (provisions on maritime pollution)

Antarctic Treaty (banning weapons tests and dumping nuclear waste in the Antartic)

Partial Test Ban Treaty

Biosphere Conference

London Dumping Convention (ocean pollution)

The UN Conference on the Human Environment (The Stockholm Conference)

International Convention for the Prevention of Pollution From Ships

Convention on International Trade in Endangered Species and Wild Fauna and Flora

Geneva Convention on Long- Range Tran boundary Air Pollution

Vienna Convention for the Protection of the Ozone Layer

Montreal Protocol on Substances That Deplete the Ozone Layer

Basel Convention on the Control of Trans boundary Movements of Hazardous Wastes and

their Disposal

Convention on Biological Diversity

6 Wikipedia http://en.wikipedia.org/wiki/International_environmental_law (February 26, 2008)7

Richard J. Payne, Global Issues, Pearson Education Inc., New York, 2007. p. 256


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1992

1992

1997

2001

2002

UN Conference on Environment and Development (Rio Summit or Earth Summit)

UN Framework Convention on Climate Change

Kyoto Protocol to the UN Framework Convention on Climate change

Stockholm Convention on Persistent Organic Pollutants

World Summit on Sustainable Development (Johannesburg Action Plan)

-Excerpt from Richard J. Payne, Global Issues, Pearson Education Inc., New York, 2007. p. 257

III. Sources of International Environmental Law

International environmental law derives its content from four main sources:

International agreements (also called treaties, conventions, international legal

instruments, pacts, protocols, covenants)

Customary international law

General principles of law

Other/ new sources (e.g., court decisions (case-law), resolutions,

declarations, doctrine, recommendations given by world organizations etc.)8

a) International Agreements

International environmental agreements can be bilateral, regional or multilateral in

nature. The multilateral environmental agreements (MEA) have become far more common in

recent decades. Treaty law is known as a traditional source of law.

The majority of the conventions relating to international environmental law are

specific; that means that they deal directly with environmental issues. There are some

general treaties with one or two clauses referring to environmental issues but these are

rarer. There are about 1000 environmental law treaties in existence today; no other area of

law has generated such a large body of conventions on a specific topic.9

Another type of agreement is protocol. Protocols are like mini-agreements that "hang

off" the main treaty. They exist in many areas of international law but are especially useful in

the environment field, where they can be used to update scientific knowledge. They also

8Ibid. at 6

9Ibid. at 6


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permit countries to reach agreement on a framework agreement that would otherwise be

contentious, by allowing the details to be left to a later date for determination. Protocols are

generally much easier to generate than a treaty and they can enter into force very quickly.

The most widely-known protocol in international environmental law is the Kyoto Protocol.10

b) Customary International Law

Customary international law is important in international environmental law. These

are the norms and rules that states follow as a matter of custom and they are so prevalent

that they bind all states in the world.

Examples of customary international law relevant to the environment include:

the duty to warn other states promptly about emergencies of an environmental nature

and environmental damages to which another state or states may be exposed

Principle 21 of the Stockholm Declaration ('good neighbourliness' orsic utere)11

c) Judicial Decisions

International environmental law also includes the opinions of international courts and

tribunals. While there are few and they have limited authority, the decisions carry much

weight with legal commentators and are quite influential on the development of international

environmental law. The courts include: the International Court of Justice (ICJ); the Law of the

Sea Court; the European Court of Justice; regional treaty tribunals. 12

IV. Organizing Principles

International environmental law is heavily influenced by a collection of organizing

principles. As with international law, the chief guiding principle is that of sovereignty, which

means that a state has full power in its own territory to do as it pleases (subject to

10

Wikipedia http://en.wikipedia.org/wiki/International_environmental_law (February 26, 2008)11Ibid. at 9

12Ibid. at 9


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international laws it has agreed to). All other international environmental law principles

evolved with this principle in the background and to varying degrees have either supported it

or modified it to some extent.13

Some of the organizing principles of international environmental law include:

the precautionary principle

the polluter pays principle

the principle of sustainable development (Brundtland Report, WSSD) - integration of

environmental protection and economic development

environmental procedural rights

common but differentiated responsibilities

intergenerational and intra-generational equity

common concern of humankind

common heritage

partnership (WSSD)

requirement to conduct a comprehensive environmental impact assessment

V. Supranational Organizations

Numerous supranational organizations have taken up initiative to save the

environment, which are as follows:14

Asia Foundation

Environment and Security

European Commission > Environment

European Environment Agency (EEA)

European Union Environment Policy

Intergovernmental Panel on Climate Change (IPCC)

13

Martin Griffiths and Terry OCallaghan, Key Concepts of International Relations, Routledge Foundation,London, 2004. p. 30414

HG Worldwide Legal Directories http://www.hg.org/environ.html (March 1,2008)


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International Environment House (IEH)

Economic and Social Commission for Asia and the Pacific (ESCAP)

The Commission for Environmental Cooperation (CEC)

North American Agreement on Environmental Cooperation (NAAEC)

United Nations - Oceans and the Law of the Sea

VI. Environmental Issues

a) Biodiversity

Biodiversity is the fundamental preoccupation of environmentalists and NGOs. This is

such an important issue because the destruction of some species could upset the balance of

the ecosystem. There is a general understanding that species are becoming extinct and that

biodiversity is diminishing at an alarming rate primarily because of global deforestation as

well as disappearance of many other habitats.15

The Amazon rainforest is estimated to be disappearing at the rate of 3 million acres

a year. The Congo Basin, which had the second largest tropical forests in the world, is

loosing about 8.9 million acres a year to deforestation.16 Forests are essential in biodiversity

and to preserve the quality of life and life itself, for human beings. Protecting forests will help

in the reduction of global warming and climate change as forests soak up to 20 percent of

carbon dioxide released by industrial smokestacks and automobiles.17 Not only that, it will

also help in protecting the habitat of many endangered wild animals, birds, insects and

plants. Because of the reported species loss and habitat destruction, measures have been

taken, both in national and international arenas, to protect biodiversity.

International Instruments

Convention on Biodiversity, 1991

15

Elli Louka, International Environmental Law: Fairness, Effectiveness and World Order, Cambridge

University Press, New York, 2006, p. 28816Richard J. Payne, Global Issues, Pearson Education Inc., New York, 2007, p.262

17Ibid. at p. 263


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- Conserve biological diversity with sustainable use of components and fair and

equitable sharing of benefits arising out of the utilization of genetic resources.

Convention on International Trade in Endangered Species of Wild Flora and Fauna

(CITES), 1975

- Prohibits and regulates trade in species and encourages states to bring endangered

species in their territory.

World Heritage Convention, 1975

- Protection of cultural areas and natural habitats.

b) Global Warming and Climate Change

The Rapidly increasing use of fossil fuels has resulted in unexpected and

dangerous consequences; resulting products such as carbon dioxide, methane and

nitrous oxide are known to trap heat and create green house effect.18 Due to this,

global warming has triggered off resulting to devastating hurricanes such as Katrina

of 2005 and other unusual weather phenomenon all around the world.

The main impact of global warming would be to alter the regional emphasis of

the worlds climate and consequently the agriculture- with unknown social and

political consequences. Global warming is also gradually raising the level of the seas

and influence ocean currents and marine life.19 The effect is of such dire proportion

that no force would be able to counter it. Scientists have said that by the year 2020

the sea level would have risen so high that the Pacific Islands of Tuvalu would be

completely submerged under water. Tuvalu would be the first nation to take the toll

of global warming. It is quite evident that it has already started to happen as show on

18R.G. Feltham, Diplomatic Handbook, Pearson Education Ltd., Harlow,1998, p.185

19Ibid at p. 185


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British Broadcasting Corporation (BBC) network.20 Many of the island nations around

the world would also be affected by this phenomenon which would lead to partial or

complete submerge under water by 2050.

Recent analysis conducted by Climatic Research Unit (CRU) of the Bay area

of Metro Manila suggests that a 100cm rise in sea-level - to be reached by about

2080 under A2-high scenario would lead to over 5,000 hectares of the Bay area

being regularly inundated, affecting over 2.5 million people. Even a further 30cm rise

in sea-level - anticipated by about 2045 under B2-mid and A1-mid scenarios - would

threaten over 2,000 hectares and about 0.5 million people. 21

Effects of Global Warming

Effects Implications Areas Most AffectedFloods

Heat Wave

Diseases

Coral Bleaching

Pollution

Drought

Rising sea levels and heavyrains could displace millionsof people and leave manyareas under water.

More refugees.

Increase in deaths fromheatstroke, forest fires, skincancer.

Warmer, wetter weathercould increase insect-transmitted and water borneillnesses.

Depleting fisheries

Coastal flooding

Decline of tourism

More respiratory problems,cancer, lung and heart

diseases Crop failure

Malnutrition

Forest fires

Water related conflicts

Coastal U.S., Australia, PacificIslands, Holland, Philippines,Bangladesh, China,Mozambique, Nigeria, Maldives.

Southern Europe, U.S., China,Brazil, Indonesia, Russia,Mexico.

U.S., Central and SouthAmerica, Africa and Asia.

Caribbean, Australia,Philippines, India.

US, Mexico, India, China,Egypt, Russia.

US, Mexico, Brazil, China,India, Africa, Middle East

-Source: U.S. News and World Report; National Center for Atmospheric Research, WorldMeteorological Organization, and the National Climatic Data Center. (February 5, 2001)

20British Broadcasting Corporation (BBC)

http://news.bbc.co.uk/2/hi/programmes/from_our_own_correspondent/4864748.stm (March 5, 2008)21Climatic Research Unit (CRU) Climate Change Scenarios for the Philippines

http://www.cru.uea.ac.uk/~mikeh/research/philippines.pdf (March 5, 2008)


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Montreal Protocol, 1987

- Reduce consumption and production of substances that deplete the stratospheric

ozone layer such as CFC by 2000.

Kyoto Protocol to the UN Framework Convention on Climate change, 1997.

- To cut emissions such as methane and nitrous oxide about 12% by 2008 and so on.

Implement idea of emissions trading between industrialized countries.22

c) Water Scarcity

At the foundation of human existence and life on earth is water. The most common

and abundant liquid in the world, water is at the heart of global environmental issues. Water

particularly potable water, is fueling conflicts globally. Water usage has grown by 600

percent over the past seventy years. Worldwide, an estimated 54 percent of the annual

available freshwater is being used. Based solely on population growth, the UN Population

Fund estimated that by 2025, the world would use 70 percent of available freshwater.23

Today, 1.1 billion people do not have access to safe water and 2.4 billion people lack access

to basic sanitation. An estimated five million deaths a year are caused by polluted drinking

water.24

The issue of water and proper sanitation was one of the most important issues during

the World Summit on Sustainable Development (WSSD), when the goal was set to halve by

2015 the number of people without access to safe drinking water and basic sanitation.25

In a study made by the international environment protection group Greenpeace, the

quality of fresh water is declining in the Philippines. The worsening water quality is

compounded by the problem of water scarcity which is now a very palpable threat making

22Martin Griffiths and Terry OCallaghan, Key Concepts of International Relations, Routledge Foundation,

London, 2004. p. 13123

Richard J. Payne, Global Issues, Pearson Education Inc., New York, 2007, p.27524

Ibid. at p.27525Elli Louka, International Environmental Law: Fairness, Effectiveness and World Order, Cambridge

University Press, New York, 2006, p. 169


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access to clean water more and more difficult. The Philippines has an abundance of fresh

water resources but ranks second lowest among Southeast Asian countries with fresh water

availability. Experts have also predicted that by year 2025, water availability deficit would

take place in several river basins in the country.26


UN Watercourses Convention, 1997

- Use of watercourses and principles to guide the agreements of states with regards

to the use of international watercourses.

VII. Conclusion

Although environmental concerns could be dated back to early 1900s, its necessity to

act promptly has been obvious just a decade ago after the discovery of the ozone layer

depletion. Starting then, the world has taken some initiatives to implement rules and

regulations regarding various environmental concerns through treaties, protocols,

declarations and agreements. However, international law has its own constraints; it has been

very difficult to take actions against states and individuals on the grounds of sovereignty.

Such that some countries are still trying to convince themselves that it is not an imminent

threat. The rate at which the world is taking action against environmental problems is at a

snails pace considering the fact that environmental problems are already knocking on our

door steps.

Hence, it is envisioned that this report would shed some light over the graveness of

problems faced by mankind and the governing bodies created by him.

26Greenpeace South East Asia http://www.greenpeace.org/seasia/en/news/greenpeace-launches-project-

cleanwater (March 4, 2008)


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Bibliography

Books and Journals

Richard J. Payne, Global Issues, Pearson Education Inc., New York, 2007.

Elli Louka, International Environmental Law: Fairness, Effectiveness and World Order,Cambridge University Press, New York, 2006.

Charlotte Ku & P.F. Diehl, International Law: Classic and Contemporary Readings.Lynne Rienner Pub., Colorado, 2004.

Martin Griffiths and Terry OCallaghan, Key Concepts of International Relations,Routledge Foundation, London, 2004.

R.G. Feltham, Diplomatic Handbook, Pearson Education Ltd., Harlow, 1998.

U.S. News and World Report; National Center for Atmospheric Research, WorldMeteorological Organization, and the National Climatic Data Center, February 5, 2001.

Websites

Wikipedia http://en.wikipedia.org/wiki/International_environmental law(February 26, 2008)

HG Worldwide Legal Directories http://www.hg.org/environ.html (March 1, 2008)

British Broadcasting Corporation (BBC)http://news.bbc.co.uk/2/hi/programmes/from_our_own_correspondent/4864748.stm(March 5, 2008)

Climatic Research Unit (CRU) Climate Change Scenarios for the Philippineshttp://www.cru.uea.ac.uk/~mikeh/research/philippines.pdf (March 5, 2008)

Greenpeace South East Asia http://www.greenpeace.org/seasia/en/news/greenpeace-launches-project-cleanwater (March 4, 2008)

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