International Environmental Law

A Complementary Action to the IEL on Issuing a Solution to the Global Warming Problem International Environmental Law

Content: A complementary action to the IEL on issuing a solution to the global warming problem ,[object Object],[object Object],[object Object],[object Object],[object Object]

Introduction ,[object Object],Sustainable Development Biodiversity Transfrontier Pollution Marine Pollution Endangered Species Hazardous Material Cultural Preservation Desertification Uses Of The Seas Climate Change The Rio Declaration On Environment & Development Convention On Long-Range Transboundary Pollution United Nations Framework Convention On Climate Change The Kyoto Protocol On Global Warming

Introduction ,[object Object],Economics Political science Ecology Navigation Human rights IEL International agreements Until the late 1960s… Protecting the environment 1972: Stockholm Declaration Desire to limit damages to the environment

Introduction ,[object Object],[object Object],R eferences and short history about IEL. Problems & proposals What governments are doing committing with the Kyoto Protocol Potential success of the proposed solution & conclusions Past Present Future Effective results: reducing Global Warming International Environmental Law Proposal to improve within international law framework

Past: Definitions and concepts ,[object Object],[object Object],[object Object],[object Object],[object Object]

Past: Two sides of the same issue Legal approach If the threats offered by global climate change must be averted, the prominent role of law cannot be downplayed Skeptics point International law is an ineffective tool for protecting the global environment Exhortations and warnings are not enough ,[object Object],[object Object],[object Object]

Past: What is important? ,[object Object],… restricted by… Basic principle of International Law Right of a state to choose to or refuse to be a party to an international obligation on the environment. United S tates has refused with so much impunity to ratify the Kyoto protocol till date Role of law Territorial sovereignty of countries

Past: United States priorities ,[object Object],[object Object],[object Object],[object Object]

Past: Light of hope Acceptance of the overwhelming evidence of the danger of the global warming issue. Everyone is involved in this reality, even the USA; 12 bills have been proposed calling for cuts in emission Need to define the government's obligations towards future generations LEADERSHIP The government is the only enduring institution with control over human actions, which makes it capable of standing for a solution. Complement the commitment with the global initiatives with local efforts World Media

Past: Issuing a proposal Thousands of agencies Expertise, authority, and staffing Made global warming a top priority Key point of the problem While the purpose of environmental law is to protect natural resources, almost every law also provides authority to the agencies mentioned before to permit, in their discretion , the pollution or land damage that the law was designed to prevent In practice, most agencies spend all of their resources to allow environmental destruction.

Present: The proposal ,[object Object],International cooperation Countries with developed technologies should cooperate with developing countries to transfer technology and knowledge to their institutions International cooperation in its essence principles states the importance of capacity building. Sustainability

Present: The starting point is the law ,[object Object],“ All parties shall cooperate in and promote at the international level, and, where appropriate, using existing bodies, the development and implementation of education and training programmes, including the strengthening of national capacity building”. (Kyoto Protocol)

Present: Political will ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],People are more focused on their energy on reducing their own contamination rather than holding their leaders accountable.

Present: Liability for environmental damage

Present: Important Concepts ,[object Object],Environmental impact assessment (EIA) The precautionary approach or precautionary principle: The polluter pays

Future: Conclusions ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

Future: Conclusions ,[object Object]

The Future: The Conclusion. Environmental protection and the conservation of natural resources would keep competing with the commercial interest worldwide.

Case study: Trail Smelter. U.S vs Canada (1937) ,[object Object],[object Object],[object Object],[object Object]

(d) what indemnity or compensation should be paid on account of any decisions rendered by the Tribunal? ,[object Object],[object Object],( a ) whether damage caused by the Trail Smelter has occurred since 1 January 1932, and if so, what indemnity should be paid therefore? Tribunal must decide on this issues

Decisions of the judges ,[object Object],[object Object],[object Object],[object Object],[object Object]

Measures that must be adopted… ,[object Object],[object Object],[object Object]

Case Study: Nuclear test case. France vs Australia 1966 - 1972 ,[object Object],[object Object],[object Object]

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Australia claimed that France had violated the following rights: ,[object Object],[object Object]

But the court… ,[object Object],[object Object],[object Object]

Case study: Petroecuador vs People of Tumaco

Thank you! April 16th 2008 ANY QUESTION !!!

International Environmental Law

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International Environmental Law