Chap 12
International environmental law is the set of agreements and principles that reflect the
world's collective effort to manage our transition to the Anthropocene by resolving our
most serious environmental problems, including climate change, ozone depletion and
mass extinction of wildlife. More generally, international environmental law aims to
achieve sustainable development—i.e., development that allows people to have a high
quality of life today without sacrificing the quality of life of future generations.
International environmental law is thus critical both for addressing specific
environmental threats and for integrating long-term environmental protection into the
global economy.
There is no international instrument of global application which defines the rights and
duties of the countries in environmental matters. Nevertheless, resolutions and
declarations of international agencies in charge of the environmental controls, such as
the Atomic Energy Agency, state the practices and decisions of international tribunals
which have played important roles in the development of rules.
Principles
SOVEREIGNTY AND RESPONSIBILITY
International environmental law has developed between two apparently contradicting
principles. First, states' have sovereign rights over their natural resources. Second,
states should not cause damage to the environment. Although the concept of a state's
sovereignty over its natural resources is rooted in the old principle of territorial
sovereignty, the United Nations General Assembly has further encouraged it declaring,
inter alia, that the right of peoples and nations to permanent sovereignty over their
natural resources and wealth must be exercised in the interest of their national
development, and of the well-being of the people of the state. This resolution reflects
the right to permanent sovereignty over natural resources as an international right, and
has been accepted by tribunals as a reflection of international customs.' National
sovereignty over natural resources has been affirmed in international agreements.
PRINCIPLES OF GOOD NEIGHBORLINESS AND INTERNATIONAL COOPERATION
The principle of good neighborliness places on states a responsibility not to damage the
environment. The principle of international cooperation places an obligation on states to
prohibit activities within the state's territory that are contrary to the rights of other states
and which could harm other states or their inhabitants. The principle of good
neighborliness is closely related to the duty to cooperate in investigating, identifying,
and avoiding environmental harm. Most international environmental treaties have
provisions requiring cooperation in the generation and exchange of scientific, technical,
socioeconomic, and commercial information.
PRINCIPLE OF PREVENTIVE ACTION
The pollution prevention principle should be differentiated from the duty to avoid
environmental harm. Under this new rule, a state may be under the obligation to prevent
damage within its own jurisdiction." Therefore, the discharge of toxic substances in such
quantities or concentrations which exceed the capacity of the environment's degradation
capacity, must be halted in order to ensure that serious or irreversible
PRECAUTIONARY PRINCIPLE
This rule, although still evolving, is reflected in principle fifteen of the Rio Declaration,
which states that where there are warnings of serious or irreversible damage, lack of full
scientific certainty shall not be used as a reason for postponing cost-effective measures
to prevent environmental degradation. The first treaty to embody this principle is the
1985 Vienna Convention for the Protection of the Ozone Layer." Subsequently, the
precautionary approach for the protection of the environment has been widely
addressed.
PRINCIPLE OF COMMON BUT DIFFERENTIATED RESPONSIBILITY
The protection of the environment is a common challenge to all countries. Due to
different development paths and the need to share in the responsibility for ecological
degradation, some countries may be asked to carry more of the burden of conservation.
The idea is that states should comply with international obligations for the conservation
of the environment on the basis of equity and in accordance with their common but
differentiated responsibilities and respective capacities. This principle was
acknowledged in the Rio Declaration
THE PRINCIPLE OF SUSTAINABLE DEVELOPMENT
The principle of sustainable development was defined by the 1987 Brundtland Report'
as a development that meets the needs (in particular the essential needs of the world's
poor) of the present without compromising the ability of future generations to meet their
own needs. It imposes the idea of limitations on the environment's capacity to meet
present and futures needs." Sustainable development prompts that the primary focus of
environmental protection efforts is to improve the human condition." According to the
anthropocentric approach, the protection of wildlife and natural resources is not a goal
in itself, but is a necessity for ensuring a higher quality of life for humans
The first world conference on the environment
Stockholm Conference
The 1972 United Nations Conference on the Human Environment in Stockholm was the first
world conference to make the environment a major issue. The Stockholm Conference also
led to the creation of the United Nations Environment Programme (UNEP) in December
1972 to coordinate global efforts to promote sustainability and safeguard the
natural environment. The participants adopted a series of principles for sound management
of the environment including the Stockholm Declaration and Action Plan for the Human
Environment and several resolutions.
The Stockholm Declaration, which contained 26 principles, placed environmental issues at
the forefront of international concerns and marked the start of a dialogue between
industrialized and developing countries on the link between economic growth, the pollution
of the air, water, and oceans and the well-being of people around the world.
The Action Plan contained three main categories: a) Global Environmental Assessment
Programme (watch plan); b) Environmental management activities; (c) International
measures to support assessment and management activities carried out at the national and
international levels. In addition, these categories were broken down into 109
recommendations.
One of the major results of the Stockholm conference was the creation of the United
Nations Environment Programme (UNEP).
Stockholm Declaration
The meeting agreed upon a Declaration containing 26 principles concerning the
environment and development, an Action Plan with 109 recommendations, and a
Resolution.[10]
Principles of the Stockholm Declaration:[11]
1. Human rights must be asserted, apartheid and colonialism condemned
2. Natural resources must be safeguarded
3. The Earth's capacity to produce renewable resources must be maintained
4. Wildlife must be safeguarded
5. Non-renewable resources must be shared and not exhausted
6. Pollution must not exceed the environment's capacity to clean itself
7. Damaging oceanic pollution must be prevented
8. Development is needed to improve the environment
9. Developing countries therefore need assistance
10. Developing countries need reasonable prices for exports to carry
out environmental management
11. Environment policy must not hamper development
12. Developing countries need money to develop environmental safeguards
13. Integrated development planning is needed
14. Rational planning should resolve conflicts between environment and
development
15. Human settlements must be planned to eliminate environmental problems
16. Governments should plan their own appropriate population policies
17. National institutions must plan development of states' natural resources
18. Science and technology must be used to improve the environment
19. Environmental education is essential
20. Environmental research must be promoted, particularly in developing
countries
21. States may exploit their resources as they wish but must not endanger
others
22. Compensation is due to states thus endangered
23. Each nation must establish its own standards
24. There must be cooperation on international issues
25. International organizations should help to improve the environment
26. Weapons of mass destruction must be eliminated
Role of UN in Environmental Programmes
United Nations Environment Programme (UNEP)
It is the organization established in 1972 to guide and coordinate environmental
activities within the United Nations (UN) system. UNEP promotes international
cooperation on environmental issues, provides guidance to UN organizations, and,
through its scientific advisory groups, encourages the international
scientific community to participate in formulating policy for many of the UN’s
environmental projects. Headquartered in Nairobi, Kenya, the organization also has
encouraged participation by the private sector to promote the sustainable use of the
world’s natural resources.
One of UNEP’s most widely recognized activities is Earth watch, an international
monitoring system designed to facilitate the exchange of environmental information
among governments. Participation in this enterprise enables members to assess
significant environmental risks and to act accordingly. UNEP played a major role in
initiating negotiations on reducing ozone-depleting chemicals. UNEP provides
the technical assistance for a variety of international conventions, including the Montreal
Protocol on Substances That Deplete the Ozone Layer (1987), the Basel Convention on
the Control of Transboundary Movements of Hazardous Wastes and their Disposal
(1989), and the UN Convention on Biological Diversity (1992). As the secretariat for
these conventions, UNEP services the conferences, implements the decisions, monitors
implementation, and provides data and information. Together with the Food and
Agriculture Organization, UNEP helps to implement the Convention on the Prior
Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade (1998). UNEP also coordinates the work on UN agencies with
respect to desertification and the regional seas (with special attention to the
Mediterranean Sea).
The 58-member Governing Council, the organization’s principal legislative body, is
elected by the UN General Assembly for four-year terms. Seats are allocated by region
to assure widespread representation, generally providing about 16 seats for African
states, 13 for Asia, 6 for eastern Europe, 10 for Latin America and the Caribbean, and
13 for western Europe and other states.
Vienna Convention (Vienna, 1985)
The Vienna Convention for the Protection of the Ozone Layer (1985) was negotiated in
order to protect environment and thus human health against detrimental effects of
human activity which change or could change the ozone layer. Concrete committments
fulfilling the objectives set in the Vienna Convention are specified through the Montreal
Protocol on Substances that Deplete the Ozone Layer (1987). The objective of the
Protocol is to adopt and implement world-wide measures to eliminate production and
use of almost 100 regulated substances that damage the ozone layer. The Protocol
regulates the use of substances widely known as freons and halons and production and
use of methyl bromide. The concerned substances demonstrate unusual stability which
enables them to penetrate upper atmosphere layers where they weaken the ozone layer
which protects the Earth from the UV radiation
During the Vienna Convention negotiations, countries discussed a possible protocol
that would provide specific targets for certain chemicals, but no consensus was
reached. The UNEP regional seas agreements had provided a precedent in which
States negotiated a framework convention and at least one protocol, which countries
were required to ratify at the time they joined the convention. The Vienna Convention
went forward on its own, however, and was opened for signature in March, 1985. A
working group under UNEP began negotiations on a protocol, and the Montreal Protocol
was concluded in September, 1987, only nine months after the formal diplomatic
negotiations opened in December, 1986. It went into effect on January 1, 1989. A State
must be party to the Vienna Convention in order to become a party to the Montreal
Protocol. The Vienna Convention and the Montreal Protocol established the precedent
in UNEP for completing a framework agreement, followed later by one or more
Protocols. This precedent has been used frequently since then, as in the Kyoto Protocol
to the United Nations Framework Convention on Climate Change and the Cartagena
Protocol on Biosafety to the Convention on Biological Diversity.
Montreal Protocol 1987
It is the international treaty, adopted in Montreal on September 16, 1987, that aimed to
regulate the production and use of chemicals that contribute to the depletion of
Earth’s ozone layer. Initially signed by 46 countries, the treaty now has nearly 200
signatories.
In the early 1970s, American chemists F. Sherwood Rowland and Mario
Molina theorized that chlorofluorocarbon (CFC) compounds combine with solar
radiation and decompose in the stratosphere, releasing atoms of chlorine and chlorine
monoxide that are individually able to destroy large numbers of ozone molecules
Further validation of their work came in 1985 with the discovery of a “hole” in the ozone
shield over Antarctica by the British Antarctic Survey and the publication of its findings
in Nature. Shortly before these findings were to appear, representatives from 28
countries met to discuss the issue at the Vienna Convention for the Protection of the
Ozone Layer. The meeting called for international cooperation in research
involving ozone-depleting chemicals (ODCs) and empowered the United Nations
Environment Programme (UNEP) to lay the groundwork for the Montreal Protocol.
The initial agreement was designed to reduce the production and consumption of
several types of CFCs and halons to 80 percent of 1986 levels by 1994 and 50 percent
of 1986 levels by 1999. The protocol went into effect on January 1, 1989. Since then the
agreement has been amended to further reduce and completely phase out CFCs, other
harmful substances and halons
It is important to note that ODC phase-out schedules differ between developed and
developing countries. The period for developing countries to come into compliance is
slightly longer, owing to the fact that they have fewer technical and financial resources
to introduce substitutes. In developed countries the production and consumption of
halons formally ended by 1994, several other chemicals (such as CFCs, HBFCs, carbon
tetrachloride, and methyl chloroform) were phased out by 1996, methyl bromide was
eliminated in 2005, and HCFCs are scheduled to be completely phased out by 2030. In
contrast, developing countries phased out CFCs, carbon tetrachloride, methyl
chloroform, and halons by 2010 and methyl bromide by 2015, and they are scheduled to
eliminate HCFCs by 2040.
United Nations Framework Convention on Climate Change (UNFCCC)
Every year, countries who have joined the United Nations Framework Convention on
Climate Change (UNFCCC) meet to measure progress and negotiate multilateral responses
to climate change. Today there are 198 Parties to the Convention.
The UNFCCC is a multilateral treaty adopted in 1992 – shortly after the first assessment
report by the Intergovernmental Panel on Climate Change (IPCC) in 1990 – to stabilize
greenhouse gas concentrations "at a level that would prevent dangerous anthropogenic
(human-induced) interference with the climate system.”
Since entering into force in 1994, the UNFCCC has provided the basis for international
climate negotiations, including landmark agreements such as the Kyoto Protocol (1997) and
the Paris Agreement (2015).
Earth Summit1992 Rio de Janeiro, Brazil,
A new blueprint for international action on the environment
The United Nations Conference on Environment and Development (UNCED), also known
as the 'Earth Summit', was held in Rio de Janeiro, Brazil, from 3-14 June 1992. This global
conference, held on the occasion of the 20th anniversary of the first Human Environment
Conference in Stockholm, Sweden, in 1972, brought together political leaders, diplomats,
scientists, representatives of the media and non-governmental organizations (NGOs) from
179 countries for a massive effort to focus on the impact of human socio-economic activities
on the environment. A 'Global Forum' of NGOs was also held in Rio de Janeiro at the same
time, bringing together an unprecedented number of NGO representatives, who presented
their own vision of the world's future in relation to the environment and socio-economic
development.
The Rio de Janeiro conference highlighted how different social, economic and
environmental factors are interdependent and evolve together, and how success in one
sector requires action in other sectors to be sustained over time. The primary objective of
the Rio 'Earth Summit' was to produce a broad agenda and a new blueprint for international
action on environmental and development issues that would help guide international
cooperation and development policy in the twenty-first century.
The 'Earth Summit' concluded that the concept of sustainable development was an
attainable goal for all the people of the world, regardless of whether they were at the local,
national, regional or international level. It also recognized that integrating and balancing
economic, social and environmental concerns in meeting our needs is vital for sustaining
human life on the planet and that such an integrated approach is possible. The
conference also recognized that integrating and balancing economic, social and
environmental dimensions required new perceptions of the way we produce and consume,
the way we live and work, and the way we make decisions. This concept was revolutionary
for its time, and it sparked a lively debate within governments and between governments
and their citizens on how to ensure sustainability for development.
One of the major results of the UNCED Conference was Agenda 21, a daring program of
action calling for new strategies to invest in the future to achieve overall sustainable
development in the 21st century. Its recommendations ranged from new methods of
education, to new ways of preserving natural resources and new ways of participating in a
sustainable economy.
The 'Earth Summit' had many great achievements: the Rio Declaration and its 27 universal
principles, the United Nations Framework Convention on Climate Change (UNFCCC),
the Convention on Biological Diversity; and the Declaration on the principles of forest
management . The 'Earth Summit' also led to the creation of the Commission on
Sustainable Development, the holding of first world conference on the sustainable
development of small island developing States in 1994, and negotiations for the
establishment of the agreement on straddling stocks and highly migratory fish stocks.
Conservation of Biodiversity 1993
The Convention on Biological Diversity (CBD) is the international legal instrument for "the
conservation of biological diversity, the sustainable use of its components and the fair and
equitable sharing of the benefits arising out of the utilization of genetic resources" that has
been ratified by 196 nations. Its overall objective is to encourage actions, which will lead to a
sustainable future.
The Convention on Biological Diversity covers biodiversity at all levels: ecosystems, species
and genetic resources. It also covers biotechnology, including through the Cartagena
Protocol on Biosafety. In fact, it covers all possible domains that are directly or indirectly
related to biodiversity and its role in development, ranging from science, politics and
education to agriculture, business, culture and much more.
The CBD’s governing body is the Conference of the Parties (COP). This ultimate authority of
all governments (or Parties) that have ratified the treaty meets every two years to review
progress, set priorities and commit to work plans.
The Secretariat of the Convention on Biological Diversity (SCBD) is based in Montreal,
Canada. Its main function is to assist governments in the implementation of the CBD and its
programmes of work, to organize meetings, draft documents, and coordinate with other
international organizations and collect and spread information. The Executive Secretary is
the head of the Secretariat
Earth Summit Johannesburg, 2002
The 2002 World Summit on Sustainable Development in Johannesburg adopted a Political
Declaration and Implementation Plan which included provisions covering a set of activities
and measures to be taken in order to achieve development that takes into account respect
for the environment. In doing so, this Summit, which saw the participation of more than a
hundred heads of state and government and tens of thousands of government
representatives and non-governmental organizations, resulted, after several days of
deliberations, decisions that related to water, energy, health, agriculture, biological diversity
and other areas of concern.
In the area of water, the Plan of Implementation encouraged partnerships between the
public and private sectors based on regulatory frameworks established by governments.
With regard to energy, the need to diversify the energy supply was highlighted, as well as
the need to add renewable energy sources to the global energy supply. In the area of
health, the commitments made in the fight against HIV/AIDS were reaffirmed and the
emphasis was placed on the right of States to interpret the Agreement on Trade-Related
Aspects of Intellectual Property Rights in order to promote universal access to medicines.
On agriculture, comprehensive negotiations on the WTO Agreement on Agriculture were
envisaged and these included market access and the reduction of export subsidies.
Kyoto Protocol 1997
The Kyoto Protocol was adopted on 11 December 1997. Owing to a complex ratification
process, it entered into force on 16 February 2005. Currently, there are 192 Parties to
the Kyoto Protocol.
In short, the Kyoto Protocol operationalizes the United Nations Framework Convention
on Climate Change by committing industrialized countries and economies in transition
to limit and reduce greenhouse gases (GHG) emissions.
The Kyoto Protocol is based on the principles and provisions of the Convention and
follows its annex-based structure. It only binds developed countries, and places a
heavier burden on them under the principle of “common but differentiated responsibility
and respective capabilities”, because it recognizes that they are largely responsible for
the current high levels of GHG emissions in the atmosphere.
In its Annex B, the Kyoto Protocol sets binding emission reduction targets for
37 industrialized countries and economies in transition and the European Union.
Overall, these targets add up to an average 5 per cent emission reduction compared to
1990 levels over the five year period 2008–2012 (the first commitment period).
Doha Amendment
In Doha, Qatar, on 8 December 2012, the Doha Amendment to the Kyoto Protocol was
adopted for a second commitment period, starting in 2013 and lasting until 2020.
As of 28 October 2020, 147 Parties deposited their instrument of acceptance, therefore
the threshold of 144 instruments of acceptance for entry into force of the Doha
Amendment was achieved
On 21 December 2012, the amendment was circulated by the Secretary-General of the
United Nations, acting in his capacity as Depositary, to all Parties to the Kyoto Protocol
in accordance with Articles 20 and 21 of the Protocol.
During the first commitment period, 37 industrialized countries and economies in
transition and the European Community committed to reduce GHG emissions to an
average of five percent against 1990 levels. During the second commitment period,
Parties committed to reduce GHG emissions by at least 18 percent below 1990 levels in
the eight-year period from 2013 to 2020; however, the composition of Parties in the
second commitment period is different from the first.
The Kyoto mechanisms
One important element of the Kyoto Protocol was the establishment of flexible market
mechanisms, which are based on the trade of emissions permits. Under the Protocol,
countries must meet their targets primarily through national measures. However, the
Protocol also offers them an additional means to meet their targets by way of
three market-based mechanisms:
International Emissions Trading
Clean Development Mechanism (CDM)
Joint implementation (JI)
These mechanisms ideally encourage GHG abatement to start where it is most cost-
effective, for example, in the developing world.
Paris Agreement 2015
The Paris Agreement is a legally binding international treaty on climate change. It
was adopted by 196 Parties at the UN Climate Change Conference (COP21) in Paris,
France, on 12 December 2015. It entered into force on 4 November 2016.
Its overarching goal is to hold “the increase in the global average temperature to well
below 2°C above pre-industrial levels” and pursue efforts “to limit the temperature
increase to 1.5°C above pre-industrial levels.”
However, in recent years, world leaders have stressed the need to limit global warming
to 1.5°C by the end of this century.
That’s because the UN’s Intergovernmental Panel on Climate Change indicates that
crossing the 1.5°C threshold risks unleashing far more severe climate change impacts,
including more frequent and severe droughts, heatwaves and rainfall.
To limit global warming to 1.5°C, greenhouse gas emissions must peak before 2025 at
the latest and decline 43% by 2030.
The Paris Agreement is a landmark in the multilateral climate change process because,
for the first time, a binding agreement brings all nations together to combat climate
change and adapt to its effects.
How does the Paris Agreement work?
Implementation of the Paris Agreement requires economic and social transformation,
based on the best available science. The Paris Agreement works on a five-year
cycle of increasingly ambitious climate action -- or, ratcheting up -- carried out by
countries. Since 2020, countries have been submitting their national climate action
plans, known as nationally determined contributions (NDCs). Each successive NDC
is meant to reflect an increasingly higher degree of ambition compared to the previous
version.
Conference of the Parties (COP)
The COP is the supreme decision-making body of the Convention. All States that are
Parties to the Convention are represented at the COP, at which they review the
implementation of the Convention and any other legal instruments that the COP adopts
and take decisions necessary to promote the effective implementation of the
Convention, including institutional and administrative arrangements.
More Background on the COP
A key task for the COP is to review the national communications and emission
inventories submitted by Parties. Based on this information, the COP assesses the
effects of the measures taken by Parties and the progress made in achieving the
ultimate objective of the Convention.
The first Conference of the Parties (COP) was held in Berlin, Germany, in 1995. 28th
COP was held at the end of 2023 in Dubai, United Arab Emirates. It included the
first Global Stock take, where States assessed the progress made towards the goals set in
the Paris Agreement and charted a course of action. COP29 will be held in Baku,
Azerbaijan, in November 2024.
The host country of the COP normally rotates among the five United Nations regional
groups (Africa, Asia-Pacific, Eastern Europe, Latin American and the Caribbean, and
Western European and Others), with regional group members determining which country
from their region will make an offer to host the conference.
COPs have created global milestones for the climate movement, setting standards and
advancing action, including on reducing carbon emissions, accelerating a global energy
transition, and helping countries adapt and build resilience to compounding climate issues.
COPs are crucial in bringing governments together while also mobilizing the private sector,
civil society, industry and individuals to tackle the climate crisis.
