International Environmental lawAlli Ganiyat Titilope

Introduction

O International environmental law emerged as an important concept of International law in the 1960s, the emergence of ecological degradation as a global concern brought about International environmental law.

O International environmental law comprises of e.g. marine pollution, degradation, climate change, sustainable development, biodiversity, desertification, uses of sea, etc.

O the first global environmental summit was held in United Nations Conference Stockholm 1972

O International environmental law includes, bilateral, regional and global environmental treaties that have been negotiated and ratified by different states that choose to be parties to the agreement.

Introduction 2 The sources of international law protects, international environmental law, i.e.

O treaties, (conventions or treaties signed by nations regarding international environmental law)

O customary international law, (a state should not use its territory in a way that causes environmental harm outside that territory)

O general principles, (most modern jurists accept that general principles of law are principles of law common to all national legal systems, in so far as they are applicable to relations to State (Malanczuk 1997)

O judicial decisions are applicable to international environmental law.

Conventions or Treaties of International Environmental law

O United Nations Environmental Program(UNEP) and (UNESCO) United Nations Educational, Scientific and Cultural Organization deal out treaties for International environmental law,

O Basel Convention on the control of Trans boundary movement of Hazardous waste and their disposal (1989)

O Convention on Longe-RangeTransboundary Air pollution (Acid Rain Convention) 1979

O Convention on the Law of the Sea (1982)

O Vienna Convention for the protection of the Ozone layer (1985)

O Trans boundary movement of Hazardous waste and their disposal (1989)

O Convention on wetlands of International importance especially as waterfowl Habitat (1971). Etc.

Problem or IssuesO Despite the implementation of International Environmental law, the

rate at which the environment is being polluted by human activities is very high, the creation of International environmental law has not prevented worldwide ecological degradation.

O The problem or issues of International environmental law or the question is,

O Has the implementation of international environmental law slow down worldwide ecological degradation?

O How effective is environmental law on states?

O Does treaties binding among state(s), stop state(s) from polluting the environment?

O Is International environmental law binding on states that are not party to the treaty?

Literature ReviewO The legacy and continuing practice of environmental

exploitation has unleashed forces of destruction, any impact on which will have of necessity, to be driven by fundamental changes in global resource use, it is critical that the community of sovereign states arrives at a common goal and participates effectively in its achievement. (Rajamani).

O To (Faure 2012) “examines the relationship between income inequality and income level in a country. there is a certain turning point in economic development, logically related to the point where individual income levels increase and a demand for higher environment quality emerge, where increased economic welfare goes hand in hand with environmental pollution”

Literature Review 2O (Leary&Pisupati 2012) “Despite the proliferation of

International environmental agreements, environmental degradation continue to emerge. Why is it that despite the huge volume of Intl environmental law, the state of the global environment has continue to worsen? the failure of International environmental law to address global environment challenges also lies in the fact that, throughout the development of International environmental law, little attention was paid to the effectiveness of this new body of law”

O According to (Koivurova 2014), ‘International environmental law faces a very rapidly changing world characterized by an escalating trend of political power applied outside conventional governmental structures: in global and regional international organizations or in multinational companies.

Literature Review 3O More so, (Sancin 2012) “posits that International

environmental law changed greatly with the Stockholm declaration of the United Nations Conference on the Environment in 1972. This conference led to new thinking on how to reduce damages and better preserve the environment through law. European Union made broad progress on regional environmental cooperation pertaining to toxics water quality, waste management, air pollution, wildlife protection and noise pollution but, despite the proliferations of International environmental agreements, environmental hazards and new environmental challenges have continued to emerge.

Case StudiesO Trail Smelter Arbitration Case.

O Trial Smelter case is one of the early cases of International environmental law, which states that no state has the right to use it territory in a way that can inflict injury to the territory of another state.

O  “The case involved air pollution that occurred in Trail, British Columbia and affect or causes destruction to farmlands in South of the Canada-United States border in Washington State. At the demand of the affected farmers, whose negotiations with the company in charge of the smelter had not been successful, the U.S. government decided to pursue diplomatic avenues.

Trail Smelter Arbitration Case.

O Both the U.S. and Canada initially agreed to present the case before the International Joint Commission(IJC) an institution that had jurisdiction to consider issues occurring along the common border.

O The final tribunal occurred in 1941, it held that “no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence.

Pulp Mills Case regarding the River Uruguay (Argentina v. Uruguay)

Argentina states that the Government of Uruguay in October 2003 “unilaterally authorized the Spanish company ENCE to construct a pulp mill near the city of Fray Bentos a project known as “Celulosa de M’ Bopicua” and claims that this was done without complying with the Article 7 to 13 of the 1975 Statue “ which provide an obligation a notification and consultation through CARU (Commission of the River Uruguay) for any party planning to carry out works liable to affect navigation, the regime of the water of the quality of its waters”

The Court held that the Eastern Republic of Uruguay has violated obligations signed to under the statue of the River Uruguay of 26 February 1975, as a result the Eastern Republic of Uruguay must resume adequate compliance with its obligations under the statue of the River Uruguay of 1975, and should disengage immediately with the internationally wrongful acts by which it has engaged its responsibility, pay compensation to the Argentina Republic for the damage caused by these internationally wrongful acts that would not be remedied by that situation being restored, of an amount to be determined by the Court

Nicaragua v. Costa Rica

O In 2011, Costa Rica began constructing a road parallel to the San Juan River, the road itself, running from Los Chiles to the Delta region, is on Costa Rica territory specifically slitting of the San Juan River, erosion of the River’s banks, harm to the surrounding environment and wetlands. Nicaragua further contends that Costa Rica breached its International obligations by infringing on Nicaragua’s terriroty damaging Nicaragua territory and violating general obligations in International law and relevant environmental connections. Nicaragua requests restoration to the status-quo ante, damages and the production and presentation of an appropriate trans boundary

Recommendations.O Compliance to treaties signed among states

O Implementation of adequate sanctions, for breach an agreement or for state that does not comply with the law.

O extensive and expensive administrative capacities, strong government, commitments, compliance with laws, supporting the underdeveloped countries, regulatory mandates.

It is also important to note that International environmental law has been successful to a certain extent but, there still more to cover because environmental destruction majorly base on human activity is very high and it has led to the increase of ecological degradation.

ConclusionInternational environment is an essential part of International law, it is very important for enforcement and compliance both at the national level, the state level and adequate sanctions should be provided in order to reduce damages of the environment. States must realize the importance of treaties between them whether multilateral or bilateral, this will help in improving law enforcement regarding International law, also compliance to the law, will reduce the rate states breach agreements or treaties.