International environmental law
4 important questions on International environmental law
Environment; defintion, field of law
- national resources, both biotic and abiotic
- property which forms part of the cultural heritage
- characteristic aspects of the landscape
Field of law
- some argue that it is not a separate field of law, however most are of the opinion it is. However, it does not exist in isolation. It interacts with other fields of law
Negotiating for change; who wants what?
- Split between developed and developing countries
- developed countries believe that this is something everyone should be helping in
- developing countries believe that developed countries should take more responsibility, since they are historically the ones that contributed to climate change the most
- split between developed countries
- states resist limits on what they can or cannot do
- states that support a regulatory approach/llimits
- split between developing countries
- states who emphasize that strong initiatives must be taken. They recognize that they are the worst affected by the crisis
- states who see industrial development as a greater priority than solving climate change
UNFCC (United Nations Framework Convention on Climate Change)
- First international climate agreement
- framework treaty = setting up a regime, that can be further developed by other treaties and regulations
- does not create limitations on CO2 emissions, but it does require periodic state reporting (art. 12)
- insufficient to combat climate change
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ICJ Pulp Mills and ICJ Construction Roads
- exercise due diligence
- in preventing transboundary harm
- Ascertain whether:
- There is a risk of significant transboundary harm prior to the activity
- having the potential adversely to affect the environment of another state
Answer is yes: ENVIRONMENTAL IMPACT ASSESSMENT
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