Introduction institutions and principles
22 important questions on Introduction institutions and principles
How are int. Agreements implemented into domestic law
• Indirectly, through the adoption of domestic law (or EU law), and/or
• Directly, if domestic constitutional law enables this (“monistic system”). In
this case, a MEA automatically becomes part of domestic law after
ratification by Parliament and entry into force. Its norms can be invoked
before domestic courts against the government in case these norms are
sufficiently clear and applicable in concrete cases.
What sort of governmental institutions do we have?
• Governmental organisations
• General or specialised
• Global or regional
What kind of non-governmental instiutions do we have?
• Private organisations. Examples: Greenpeace, WWF
• Hybrid organisations (public/private): International Union for the Conservation of Nature (IUCN)
- Higher grades + faster learning
- Never study anything twice
- 100% sure, 100% understanding
For my 1st exam I got a C. Then, I started looking for ways to learn better and I came across Study Smart. Since then I have scored a A+, A, A- and another A. I highly recommend it to everyone who wants to hear it. I am so happy with it!!
I was struggling to finish all my first-year subjects for 3 years. Then I discovered Study Smart, which helped me to finish all of them within 3 months.
Because of StudySmart, things are going well in many ways. Before, I always had study stress and no time for anything. Now I feel calm and confident (because of the program). I used to score a B, now I usually score an A or A+.
Hey Chris, I really want to thank you very much for developing the platform, I usually got around C for my exams, now I scored an A+, an A and a A- !!
Since using Study Smart, my average has increased significantly. I even completed a statistics course with a A+ while I'm bad at statistics. I took on extra courses this year, because of Study Smart. Thanks so much!
Ever since I started studying with StudySmart I passed all my exams !!! No more re-sits!! At first, I was happy with a pass and now I only get good grades. Many thanks!
I aced all the courses I studied with Study Smart. For law, I first scored a D, and now an A! I’m 100% sure that I’ll pass all the courses I study with Study Smart.
I always thought I studied well. My grades were fine. I could never have imagined that applying these study skills would have such a huge and direct impact on my grades, my speed and the pleasure I have in learning.
For the first time, I finally feel totally confident about the way I learn. I have the perfect overview and make great progress in terms of speed and the grades I get. Thanks, Chris!
I immediately started to enjoy learning again, and my grades soared. All of a sudden, everything went better. I highly recommend Study Smart to all students..
Being able to create my materials online made the process of studying so much smoother and quicker. I no longer have to spend a huge amount of my time on creating my summaries.
At first, my notes were a mess. Now I use Study Smart to take my notes in a perfectly structured way. It helps me to save a lot of time and do other things I enjoy.
Students that study with Study Smart get better grades. The system applies all the learning methods in such a way that both well-performing students and students who struggle perform much better.
Hi Chris, I would like to thank you very much. Last year I scored C on a course, and this year I got an A+ thanks to your method! Thank you very much!
The largest effect is that my child is more enthusiastic about school! Every parent wants their children to be happy at school, Study Smart made it happen.
In high school, I failed several exams, and that has really changed now. I actually needed this tool very much back then. Since I started studying with StudySmart, I haven't had any D's. My average score is now an A and those are results I would have never had in the past
With my old method, I passed only 3 out of 8 courses. Since I started taking my notes digitally in Study Smart, I have passed all my courses on the first try. For me, StudySmart takes away the stress of wondering if I will pass or not.
Thanks to StudySmart, I passed all my exams, and with better grades than before! On top of that, I have mastered a very good study method now, which I am confident will help me earn my degree.
What is soft law sources?
Conference of the Parties, guidelines, handbooks, etc
Is soft law adopted by states?
What are exemples of soft law?
Accord on Climate Change 2009
What use does the soft law have?
development of new rules: “soft law can become harder over time
What are private law sources?
• Partnerships NGOs/businesses, “self-regulation”
• Rely on domestic private law, often have their own dispute resolution mechanism
Private entities kind of take of the role of the state, they create rules, enforce rules etc. What if this private entity violates another right like human rights by trying to protect the environment? This is a current discussion and states and NGO’s can step in and keep them in check. Ultimately for example if human rights are violated the states have the responsibility!
What was so important about the earth summit? UN Conference on Environment and Development (UNCED, Rio de Janeiro 1992), “Earth Summit”
• Largest conference on the environment ever, with almost all states present
• Adoption of many important international instruments:
What instruments were adopted at the earth summit?
• Authoritative Statement on Forest Principles (soft law)
• Agenda 21 (soft law)
• UN Framework Convention on Climate Change (UNFCCC) (hard law)
• Convention on Biological Diversity (CBD) (hard law)
• UN Desertification Convention (officially signed 1994) (hard law)
• Acknowledgment of sustainable development as basis for environmental law and policy
• Developing countries start to raise their voice and assume a decisive role
What is the legal status of the principle of sustainable development?
tribunals, not accepted as customary law
Where can we find Principle of intragenerational equity. And what is it?
.Rio Declaration (principles 6, 7)
• See also (already) Stockholm Declaration: principles 9, 10, 11, 12
IN WHICH case was this principle (no harm) acknowledged and what is the case about?
• Arbitration case between USA and Canada on metal smelters in Canada that polluted
agricultural areas across the border in the USA
• ‘Under the principles of international law (...) no State has the right to use or permit the
use of its territory in such a manner as to cause injury by fumes in or to the territory of
another or the properties of persons therein.’
• This case is considered by many as the birthplace of international environmental law
What is the consulation and co-operation principle
• To protect the environment, states should work together
• Examples: Espoo Convention on environmental impact assessment in transboundary
context, Rio Declaration (principles 5, 7, 9, 12, 14 etc.)
What is the EIA principle and what are exemples?
• Carry out an EIA for proposed activities that are likely to have a significant adverse
impact on the environment
• Examples: Rio Declaration (principle 17), Pulp Mills case (see session 3)
• Plays important role in EU environmental law
What is the pollutor pays principle?
• Polluter has to bare the costs of environmental pollution, use financial/economic
instruments to make sure that the costs of environmental harm are integrated in the
price of activities/products (example: carbon tax)
• Example: Rio Declaration (principle 16)
• Not widely applied, has been acknowledged in EU environmental law and plays some
role there
Why is there more soft law than hard law?
.What is the UNCED? What legal instruments were concluded at this conference? What is their respective legal status
Why are treaties and mea's so important?
What are regional and special organizations?
What relationship does the SDG have with the UNCED rio declaration?
What has been the center of environmental law since UNCED?
The question on the page originate from the summary of the following study material:
- A unique study and practice tool
- Never study anything twice again
- Get the grades you hope for
- 100% sure, 100% understanding
