Env Law 573 Chap 2 Qct 2020.pptx - CHAPTER 2 Environmental Law LAW 573 UiTM Oct 2020 Types of International Environmental Law Sources: Treaties and

CHAPTER 2 Environmental Law LAW 573 UiTM Oct 2020

Types of International Environmental Law  Sources: Treaties and conventions Declarations International court decisions and international arbitration Customary international law

continue 1. Treaties and convention  Agreements made between two or more countries.  Adopted through the United Nations (UN) E.g. Convention Concerning the Protection of the World Natural and Cultural Heritage 1972.  Parties to the convention agree to protect their ownheritagethroughlegal,scientificand financial means.

continue 2. Declarations • Do not provide binding obligations on countries but often contain significant statements about environmental rights at international level. • Provide basis for future treaties and conventions  E.g. Stockholm Declaration which resulted in the Conference on Human Environment in Stockholm in 1972.  Principle 21 recognises a state’s right to exploit its own resources but also imposes a duty on a state not to cause damage to the environment of other states or to the global commons.

continue The Rio Declaration1992 (Earth Charter or Earth Summit) is a non binding declarationof rights and obligations on environment and development.  Adopted Agenda 21 which covers 115 programme areas with reference to environmental issues. 3.InternationalCourtofJustice(ICJ)and International Arbitration  The main court of the UN. Consists of 15 judges representing the various geographic, social and political differences. Not all national governments have agreed to take part in the ICJ proceedings. If a nation has decided to submit to the ICJ jurisdiction, it must comply with the court’s decision.

continue 4. Customary International Law • Not contained in convention/treaties • Develops from traditional practices. • The principle has developed that one state owes a duty to stop acts which would cause harm in another state (e.g. transboundary pollution).

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