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International Environmental Law (UNITED NATION (Though the UN had convened…
International Environmental Law
INTRODUCTION
IEL measures have indirect impact on national legal systems and legal persons such as individuals and companies.
The IEL has grown rapidly with the emergence of global environmental threats
IEL relates to actions between States, that is negotiating and concluding treaties
The IEL is significant in the following respects
It focuses attention on the existence of global problems and the need for international solutions to those problems
It has pioneered and developed important legal and policy principles for example, sustainable development and the precautionary principle
TYPES & SOURCE OF IEL
Treaties and Conventions
(Conventional Law)
Conventional IEL can trace its roots back to the UN Conference on the Human Environment in Stockholm in 1972.
The principles in the Conference include fundamental human rights, management of human resources, the relationship between development and the environment, planning and demographic policy and many more.
The principles are important because they consolidated the existing rules of international environmental law while also providing guidance for the future of this body of law.
Principles from long-standing practices (Customary Laws)
Defined by the statute of the International Court of Justice as general principles of law that are recognized by civilized nations, and in the judicial decisions and teachings of respected jurists
4 Basic Principles
Good neighbourliness
Duty of due diligence
Equitable utilization of shared resources
Duty to inform and cooperate
UNITED NATION
Though the UN had convened some conferences addressing environmental issues before 1972, their scope was limited.
1949 - The UN Scientific Conference on the Conservation and Utilization of Resources focused on exchanging experiences in resource use and conservation techniques.
1968 - The UNESCO Conference of Experts on the Scientific Basis for Rational Use and Conservation of the Resources of the Biosphere addressed the problems only insofar as they were relevant to the life-support systems of plants and animals.
Early 1970s, environmental issues were appearing on the agenda of various UN and non-UN agencies.
Pressures from the NGOs, especially from the USA, led to the convening of the Stockholm Conference on the Human Environment (UNCHE) in 1972
Preparations for the UNCHE involved a wide-ranging review of environmental activities not only by the UN but also by its agencies and by national governments, mainly in developed states.
THE INTERNATIONAL NGOs
United Nations Environment Programmed (UNEP)
RAMSAR CONVENTION
World Wildlife Fund (WWF)
Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES)
Convention on Biological Diversity (CBD)