International Environmental Law
How can the term 'environment' be defined?
Environment is “the complex of physical, chemical, and biotic factors (such as climate, soil, and living things) that act upon an organism or an ecological community and ultimately determine its form and survival".
What does the term 'Ecology' refer to?
Ecology is “the science of the economy of animals and plants; that branch of biology which deals with the relationship of living organisms to their surroundings, their habits and modes of life”.
What are some of the factors that allowed people to understand the global nature of
environmental problems?
Before the end of the 1960s, it was clear that radioactive fallout from nuclear tests was not the only pollutant to ignore national boundaries, as the effects of acidification on Swedish lakes and forests and the presence of DDT in fish in both the Arctic and Antarctic proved (Reid, 1995: 1). The transboundary acidification of the forests and lakes, the effects of nuclear tests, the hole in the ozone layer and global climate change all contributed to the understanding of the global nature of environmental problems.
When was the Stockholm Conference on Human Environment held to underline the necessity of international action in solving global environmental problems?
The Stockholm Conference on Human Environment, which brought representatives of developed and developing countries together, was held in 1972 to underline the necessity of international action in solving global environmental problems.
Among the new principles and major developments introduced and initiated by the Stockholm Declaration for environmental policy, what was the prominent one?
The Stockholm Declaration introduced a number of new principles and initiated major developments for environmental policy, among which institutionalization of environmental policies, i.e., establishment of environment ministries deserves special attention.
What programme was established thanks to the Stockholm Conference?
The Stockholm Conference was effective in the establishment of United Nations Environment Programme (UNEP) which later contributed to the development of a number of new international environmental regimes dealing with pollution problems and resource issues beyond the jurisdiction of States.
For many countries in Africa and South America, which 10 years was considered to be ' a lost decade'?
For many countries in Africa and South America, the 1980s were dubbed as ‘the lost decade’.
What does the term 'sustainable development' refer to?
Sustainable development is the result of a synthesis between a conservationist environmentalism and pro-growth development discourse. It is “the development which ensures that it meets the needs of the present without compromising the ability of future generations to meet their own needs”
What can be given as the first example of international environmental law?
First phase of international environmental law dates back to earlier centuries. For instance, treaties dealing with access to fishery resources dates back to 1351 with the conclusion of a fishery treaty between England and Castile.
What was the first major international arbitration example, which involved a dispute between the United States and the United Kingdom?
The first case brought to international arbitration was the 1893 Pacific Fur Seal Arbitration, which involved a dispute between the United States and the United Kingdom in relation to the protection of fur seals in the Bering Sea from alleged overexploitation of United Kingdom in areas beyond national jurisdiction.
What was the Trail Smelter Arbitration, which included a dispute between the United States and Canada contributing to the development of international environmental law?
The Trail Smelter Arbitration was a dispute between the United States and Canada emerged out of air pollution stemming from a smelter in Canada with negative consequences on the US state of Washington.
What started the second phase of international environmental law?
The second phase of international environmental law starts with the establishment of the UN.
What did the third phase of international environmental law begin with?
The UN Conference on the Human Environment, held in Stockholm in June 1972 marks the beginning of the third phase of international environmental law. This period lasts roughly twenty years until the UN Conference on Environment and Development.
In which developmental phase of international environmental law was the United Nations Environment Programme established?
The United Nations Environment Programme was established in the third developmental phase of international environmental law.
What started the fourth developmental phase of international environmental law?
In the fourth phase, starting with the Rio Earth Summit and the UNCED, Rio Declaration on Environment and Development and Agenda 21 introduced sustainable development discourse as a bridge between the developed and developing countries.
How does Article 2(1) (a) of the 1969 Vienna Convention define a "treaty"?
Article 2(1) (a) of the 1969 Vienna Convention defines a treaty as “an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.
What does the term 'agreement' refer to?
Agreement usually signifies an instrument less formal than a “treaty” and deals with a narrower range of subject matters with a technical or administrative character, which are signed by the representatives of government departments and are not subject to ratification.
How can the term 'conventions' be defined?
Conventions are the most common kind and generally used for formal multilateral treaties with a broad range of parties open for participation by the international community as a whole or by a large number of states.
How can No Harm Principle be defined?
No Harm Principle is associated to prevention principle and deals with the regulation of cross- boundary effects of activities undertaken within the jurisdiction of a state.
How can intergenerational equity be defined?
The 1972 Stockholm Conference on Human Environment Principle 2 states that; The natural resources of the earth, including the air, water, land, flora and fauna and especially representative samples of natural ecosystems, must be safeguarded for the benefit of present and future generations through careful planning or management, as appropriate. The 1992 Rio Declaration Principle 3 states that; The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations.