ULUSLARARASI KAMU HUKUKU II

Ecology, on the other hand, 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”.

Sustainable development

UNCED

It starts with the establishment of the UN.

The Stockholm Conference influenced legal and institutional developments both at the national and
international levels.

Article 38 of the Statute of the International
Court of Justice
The Court, whose function is to decide in
accordance with international law such disputes
as are submitted to it, shall apply:
a. international conventions, whether
general or particular, establishing rules
expressly recognized by the contesting
states;
b. international custom, as evidence of a
general practice accepted as law;
c. the general principles of law recognized
by civilized nations;
d. subject to the provisions of Article 59,
judicial decisions and the teachings of
the most highly qualified publicists of
the various nations, as subsidiary means
for the determination of rules of law.

Treaty

Customary rules

Soft law

Common Heritage of Mankind

Environmental problems have been peripheral
issues for governments until the 1970s. Rise of
environmental movements and realization of
global environmental threats that could have an
effect on the welfare of all humankind, like the
depletion of the ozone layer and global climate
change, gave a higher status for environmental
problems. Therefore, the correct answer is given in option B.

Environmental problems and resource
depletion, indeed, are the major problems of
contemporary societies and the international
community. It is not only a matter for the current
generations, but also for future generations. It
is also a matter of whole sectors of the economy
and poses a major challenge to humanity. Global
environmental problems are not merely technical
or scientific issues. Although they are important
problems on their own right, global environmental
politics is related to the international economic
relations and world trade, international production
and consumption patterns, North-South
relations, international conflicts and countries’
internal social and political stability. According to these, the correct answer is C.

International environmental
politics is also a competition over “who is going to
get the most over others” and those new challenges
and controversies concerning burden sharing will
necessitate further development and refinement of
environmental regimes and institutions. Namely the correct answer is given in option A.

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” (Dobson, 1991: 1). According to this definition the correct answer is D.

Metaphors like “spaceship earth”
and “lifeboat earth” highlighted the fragility of the
planet earth and finite, limited and irreplaceable
character of the natural resources on the earth. So, the correct answer is given in option C.

In 1972, Stockholm Conference
on Human Environment brought
representatives of developed and
developing countries together
and underlined the necessity of
international action in solving
global environmental problems. 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. According to these, the correct answer is given in option B.

The Brundtland Report’s understanding of
sustainable development and sustainability focused
on two key concepts, which are ‘needs’, particularly
the needs of the world’s poor, and ‘limitations’
on the environment’s ability to meet present and
future needs. Namely, the correct answer is option E.

in 1992, the United Nations Conference
on Environment and Development (UNCED)
was held in Rio. In UNCED participant countries
signed the Rio Declaration on Environment
and Development and Agenda 21: Programme
of Action for Sustainable Development, which
sought to operationalize the commitment to
sustainable development. Following the UNCED
in Rio, where more than 178 governments adopted
the Agenda 21, (the Rio Declaration and related
documents) sustainable development became a
widely agreed policy principle and strategy guiding
the national environmental policies of these
signatory countries. Therefore, the correct answer is given in option A.

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. Namely, the correct answer is D.

Article 18 of the 1969 Vienna Convention
on the Law of Treaties:
“A State is obliged to refrain from acts which
would defeat the object and purpose of a treaty
when:
(a) it has signed the treaty or has exchanged
instruments constituting the treaty
subject to ratification, acceptance or
approval, until it shall have made its
intention clear not to become a party to
the treaty; or
(b) it has expressed its consent to be bound
by the treaty, pending the entry into
force of the treaty and provided that such
entry into force is not unduly delayed.”

According to this article, the correct answer is given in option E.