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INTERNATIONAL ENVIRONMENTAL
LAW - INTRODUCTION
Ilona Jancarova
ENVIRONMENTAL PROBLEMS
Genetic loss (diminishing and extinction of populations of
different species of plants and animals, loss of their habitats)
Deforestation and desertification (loss of vegetation)
Strong growth of human population (diminishing natural
resources)
Global warming, climate change, increase of the sea level
Ozone layer depletion (destruction)
Pollution of all environmental compounds (air, water, soil)
Loss of cultural heritage
Impairment of bonds (relations) enabling regeneration of
biosphere.
DEVELOPMENT OF THE TREATY LAW
One of the earliest conventions was dealing with regulation of
fishing in Rhine river in1886.
1902 Convention for the protection of birds usefull to
agriculture.
1931 Convention for the regulation of whaling
1933 London Convention relative to preservation of fauna and
flora in their natural state
1937 International agreement for the regulation of whaling
1940 the Convention on nature protection and wild-life
preservation on Western Hemisphere
and others
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DEVELOPMENT OF THE TREATY LAW
1954 London convention protecting sea
against crude oil pollution
The work on the Law of the Sea was
launched in 1958.
1960s - the effort to regulate the use of
nuclear energy
STOCKHOLM CONFERENCE 1972
The Conference adopted three non-binding
instruments:
Resolution on institutional and financial
arrangements
Declaration containing 26 principles
Action Plan containing 109 recommendations.
The environmental protection was declared as the
universal interest of all nations of the world
STOCKHOLM CONFERENCE 1972
Principle 21 affirmed the responsibility of states to ensure that
activities within their jurisdiction or control do not cause damage in
another state or beyond national jurisdiction
Principle 22 required states to cooperate in developing international
environmental law.
Principle 6 requires states to stop activities resulting in excesive
environmental pollution, to halt the discharge of toxic and other
substances which cause serious or irreversible damage to the
ecosystem and prevent pollution of the seas.
Other principles declared the right to adequate conditions of life and
the right of future generations to natural resources and etc.
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DEVELOPMENT AFTER STOCKHOLM
CONFERENCE
UNEP ­ United Nations Environment Programme
1982 - The International Whaling Commission put the
Moratorium on commercial whaling
1982, after 10 years of work the UNCLOS UN Convention on
the Law of the sea was passed.
1970s - Treaties on the nature protection
1979 - Geneva Convention addressing the long-range transport
of air pollution followed by Vienna Convention on the
protection of Ozone Layer and its Montreal Protocol
1989 - Basel Convention on the movement of hazardous waste
1991 ­ Convention on the Environmental Impact Assessment
1992 UNCED (RIO DE JANEIRO)
UN Conference on Environment and development:
Rio Declaration on Environment and Development (27
principles, reaffirmed 21.p.)
Non-Legally Binding Authoritative Statement of Principles for a
Global Consensus on the Management, Conservation and
Sustainable Development of All Types of Forest
Agenda 21 ­ action plan for a global partnership for sustainable
development
1992 UNCED
Convention on Biological Diversity
UN Framework Convention on Climate
Change
UN Commission for sustainable development
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DEVELOPMENT AFTER RIO DE
JANEIRO
1990s - rules regulating use of inland waters
and hazardous substances and dangerous
activites.
WORLD SUMMIT IN JOHANNESBURG
Johannesburg Declaration on sustainable
development
Johannesburg Plan of Implementation
new type of agreements - so called partner´s
initiatives (international agreements between
governmental organizations, non-governmental
organizations and enterpreneurs)
IEL
Public international law ­ the body of rules
which are legally binding on states in their
intercourse with each other
Hard law
Soft law
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SOURCES OF IEL
treaties
international custom
general principles of law
subsidiary sources (decisions of courts and
tribunals)
IEL
Treaty - an international agreement concluded
between states in written form and
governed by international law
1969 Vienna Convention general rules
TREATY
- can be adopted - bilaterally
- regionally
- globally
- may be oriented to - specific activity
- specific result that is to
be achieved
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TREATY
Treaties are intended to protect:
- national natural objects (flora. fauna, air,
inland water) are subject to exclusive
teritorial soveregnity of the state
- international natural objects (high sea,
Antarctis)
SPECIAL FEATURES OF
ENVIRONMENTAL TREATIES
1. Lowest commonly acceptable values - exemptions in the text for certain
participants
- club in club
- reservations
2. Slow procedure - scientific definition and description of the problem, its causes
and consequences
- presentation of the problem in the international community
and its recognition as an international problem
- draft
- signature
- ratification or other expression of the consent to be oblidged
with the treaty
3. implementation of obligations, enforcement, dispute settlement