International environmental law

4 important questions on International environmental law

Environment; defintion, field of law

No universal definition, but art. 2 CoE 1993 Convention on Civil Liability for Damage Resulting from Activities Dangerous for the Environment
  • 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)

1992
  • 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

Obligations for states:
  1. exercise due diligence
  2. in preventing transboundary harm
  3. Ascertain whether:

    1. There is a risk of significant transboundary harm prior to the activity
    2. having the potential adversely to affect the environment of another state


Answer is yes: ENVIRONMENTAL IMPACT ASSESSMENT

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