Bernas Public International Law – INTERNATIONAL ENVIRONMENTAL LAW

CHAPTER 16 – INTERNATIONAL ENVIRONMENTAL LAW

ENVIRONMENTAL CONCERNS

•  The protection of the environment is now also a concern of international law

a. Protection of the atmosphere, the sea, land, flora and fauna

b. Preservation of the cultural heritage of mankind

• The protection of the environment is a vital part of contemporary human rights doctrine, for it is a sine qua non for numerous human rights such as the right to health, and the right to life itself

WHO HAVE ENVIRONMENTAL RIGHTS?

• Persons capable of having rights
• Minors pleading for intergenerational protection (Factoran case)

SUSTAINABLE DEVELOPMENT

• A concept adopted by the World Commission on Environment and Development
• This encourages development in a manner and according to methods which do not compromise the ability of future generation and other States to meet their needs

EMERGING PRINCIPLES

• The following are only declarations, they do not have the force of law

1. Stockholm Declaration

• Man has fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations
• Natural resources of the earth, including the air, water, land, flora and fauna and especially representative samples of natural ecosystems, must be safeguarded
• Man has a special responsibility to safeguard and wisely manage the heritage of wildlife and its habitat
• The struggle of the peoples of ill countries against pollution should be supported
• States shall take all possible steps to prevent pollution of the seas
• Resources should be made available to preserve and improve the environment
• Rational planning constitutes an essential tool for reconciling any conflict between the needs of development and the need to protect and improve the environment
• International matters concerning the protection and improvement of the environment should be handled in a cooperative spirit by all countries on an equal footing
• Man and his environment must be spared the effects of nuclear weapons and all other means of mass destructions

2. Rio Declaration

• Human beings are at the center of concerns for sustainable development
• States have the sovereign right to exploit their own resources
• In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it
• The special situation and needs of developing countries shall be given special priority
• Environmental issues are best handled with the participation of all concerned citizens, at the relevant level
• States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage
• States shall immediately notify other States of any natural disasters or other emergencies that are likely to produce sudden harmful effects on the environment of those States
• Warfare is inherently destructive of sustainable development

Some Treaties

a. Vienna Convention for the Protection of the Ozone Layer – the layer of the atmospheric ozone above the planetary boundary layer

b. UN Conference on Environment and Development – stabilization of greenhouse gas concentration in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system

c. Kyoto Protocol – protection of the atmosphere

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

e. Convention on Biological Diversity

Regional Treaties

a. Treaty of Rome

b. North American Agreement on Environmental Cooperation

c. Protocol on Environmental Protection to the Antarctic Treaty

d. Amazon Declaration