IEL INTRODUCTION LECTURES
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Challenges and interest base/clashes of IEL
The Evolution of IEL
International Institutions and Actors
Sources of IEL
Principles and Concepts of IEL
Effectiveness, Implementation, Compliance
and Enforcement
1.
Challenges and interest
base/clashes of IEL
SOME MAIN ISSUES IN IEL
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Global:
 Climate change
 Ozone depletion
 Species extinction and loss of biodiversity
 Pollution from toxic chemicals and hazardous waste
 Compromised ecosystem services
Local and regional:
 Access to fresh water
 Air pollution
 Food security and agriculture
GLOBAL ENVIRONMENTAL CHALLENGES
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Poverty
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Uncertainty
PROBLEMS OF GEOGRAPHY AND GEOPOLITICS
Transboundary and/or global nature of
problems
 Allocational difficulties in respect of
transboundary or shared resources
 Ecological limits of planet vs growing human
activities
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THE DRIVING FORCES/ROOT CAUSES CONSUMPTION, TECHNOLOGY AND POPULATION
The IPAT formula:
Impact I= (population, P) x (consumption, C or
affluence, A) x (technology, T)
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Consumption
Technology
Population Growth
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Overconsumption v. Overpopulation
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OTHER FACTORS AFFECTING ENVIRONMENTAL
PROBLEMS/CHALLENGES
Cultural values and social norms
 Economics and sustainable development
 Tragedy of the commons
 Internalizing Externalities
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BIG PICTURE QUESTIONS
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1. What are the absolute limits of the biosphere and how to determine
when we are approaching these limits?
2. What are the limits of technology and how far can technology alone
reduce our environmental impact on the Earth?
3. If technology cannot reduce the environmental impacts of the
economy to the point where the planet can support a Western level of
consumption for all the world, how will the limited pie be divided
between those who have and those who don’t, between the billion in
the developed world and the 5 billion in the developing world?
4. How to develop the post-consumer society we need if we are to
reduce our physical demands on the biosphere?
5. What is the proper relation between government and the market in
addressing global environmental issues?
6. What is the role of international environmental law in answering
these questions?
DISTINGUISHING FEATURES OF
ENVIRONMENTAL PROBLEMS
caused primarily by private conduct
 have a physical and technological basis
 involve significant scientific uncertainties
 extremely dynamic
 interconnected and need to be addressed
holistically
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2.
THE EVOLUTION
OF
INTERNATIONAL
ENVIRONMENTAL LAW
ORIENTATION POINTS
1972 Stockholm Conference
 1992 Rio Conference
 2002 Johannesburg Conference
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1972 STOCKHOLM UNCHE
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first major effort to move environmental issues generally to
the global arena
But no Soviet bloc, no heads of state present
poverty and development issues raised but not central to
debate
legitimated environmental issues as an international
concern
created United Nations Environmental Program (UNEP)
adopted a long and detailed action plan
adopted a set of principles known as the Stockholm
Declaration
NO HARM ART 21 STOCKHOLM DECLARATION
’States have ’in accordance with the charter of
the UN and the principles of international law,
the sovereign right to exploit their recources
persuant to their own environmental policies,
 and the responsibility to ensure that activities
within their jurisdiction or control do not cause
damage to the environment of other states or
of areas beyond the limits of national
jurisdiction.’
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NEW INTERNATIONAL ECONOMIC ORDER
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UNGA resolutions designed to assert authority of developing
states over their natural resources and to raise issues of social
equity and economic justice for poor countries.
Legally non-binding
US and some other industrialised states consistently opposed
or abstained from all resolutions, including those proclaiming a
‘right to development’
Developing states emphasised their sovereignty to make their
own decisions about resource exploitation and to ensure they
benefited from that exploitation
Developing states concerns with social equity and poverty
alleviation predominated over environmental concerns
OUR COMMON FUTURE
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Bruntland Commission Report published 1987
provides conceptual framework for integration of
environment and development concerns re social
equity and poverty alleviation.
Provides most famous definition of ‘sustainable
development’ = ‘development that meets the needs of
the present without compromising the ability of future
generations to meet their own needs’
1992 RIO UNCED
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Formally endorsed ‘sustainable development’ as the goal of
international economic and environmental activities
Affirms integration of developed state concerns with the
environment and developing state concerns with social
equity, poverty and development.
Different focus from Stockholm (development vs
environment)
Environment and development seen as integrated
Attended by more heads of state than any other conference
up to that time
Endorsed treaties on climate change and biodiversity,
Agenda 21, Rio Declaration (general principles, soft law),
non-binding forest principles, creation of the Commission
on Sustainable Development (CSD)
POST RIO
Disappointing because of backsliding and the
failure to meet the promises of Rio
 ie continuing and increasing biodiversity loss
 still no decent fisheries regime
 global warming and CO2 emissions accelerating
2002 WSSD
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Objective = to review and renew political commitment to
and support for sustainable development.
Johannesburg Declaration on Sustainable Development
and Plan of Implementation which establishes targets for:
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Halve population of people without access to basic sanitation by
2015
Restore fisheries to MSY by 2015
Eliminate destructive fishing practices and establish representative
network of MPAs by 2012
Reduce biodiversity loss by 2010
Aim by 2020 to use and produce chemicals in ways that do not
harm human health and environment.
Strengthening of UNEP
More effective coordination in UN system
Partnership initiatives
3.
INTERNATIONAL INSTITUTIONS
AND
ACTORS
BODIES ADMINISTERING TREATIES
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Conferences of the Parties (CoPs/MoPs)
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Secretariats
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evaluate implementation
decide on how to improve implementation
identify and coordinate funding issues for making
technology available etc
Gather, analyse, and distribute info
maintain authoritative convention records
support CoP
monitor compliance and facilitate implementation
coordinate with other T regimes and Secs
Subsidiary Bodies
UNEP
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Mission = to facilitate international cooperation on
environmental issues.
five focus areas:
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Environmental information, assessment and research
Enhanced coordination of environmental convention and
development of environmental policy instruments
Fresh water
Industry and technology transfer
Support to Africa
Governed by:
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Governing Council
Committee of Permanent Representatives
High Level Committee of Ministers and Officials
UNDP
Created 1965 to reflect growing interrelation
between environmental protection and
development
 Arguably the largest IGO working in the world
 Its work in alleviating poverty and gender
inequality indirectly contributes to
environmental protection
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CSD
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Created June 1993 to ensure and monitor the
implementation of Agenda 21.
Partial tasks include:
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Monitor progress made on A21 implementation
Monitor integration of environmental and developmental
goals throughout the UN system
Consider the information from governments regarding
activities related to A21 and problems they face in
implementation
Review progress on the provision of financial resources
and technology transfer contained in A 21
Receive and analyse all relevant input from NGOs
including the scientific and private sectors
NGOS
E.g. WWF, IUCN
raise awareness
conduct research
implementation and compliance assurance
fill gaps caused by under-funding of environmental
organisations at international and national level
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Can be both technical (effects on enviro for e.g.)
or political (whistle blower type behavior)
OVERARCHING THEMES
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Ecological limitations vs economic development
North – South politics
International regulation vs national sovereignty
Non-state actors and non-traditional lawmaking vs
state monopoly over international law making
Status quo vs need for reform and search for
solutions
Science vs diplomacy