International Environmental Law and Policy for the 21st Century

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View PDF Flyer. Contents About. By: Ved P. Nanda and George Rock Pring. Pages: 19— Pages: 69— Pages: 97— Pages: — By: Don C. Biographical Note Ved P. George Rock Pring, BA hons. France and New Zealand v. France 3. Regulatory efforts include banning specific chemical constituents in consumer products e. Environmental impact assessment EA is the assessment of the environmental consequences positive and negative of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action.

In this context, the term " environmental impact assessment " EIA is usually used when applied to actual projects by individuals or companies and the term " strategic environmental assessment " SEA applies to policies, plans and programmes most often proposed by organs of state. Water resources laws govern the ownership and use of water resources , including surface water and ground water.

Regulatory areas may include water conservation, use restrictions, and ownership regimes.

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Mineral resource laws cover several basic topics, including the ownership of the mineral resource and who can work them. Mining is also affected by various regulations regarding the health and safety of miners, as well as the environmental impact of mining. Forestry laws govern activities in designated forest lands , most commonly with respect to forest management and timber harvesting. Ancillary laws may regulate forest land acquisition and prescribed burn practices.

Forest management laws generally adopt management policies, such as multiple use and sustained yield , by which public forest resources are to be managed. Governmental agencies are generally responsible for planning and implementing forestry laws on public forest lands, and may be involved in forest inventory , planning, and conservation , and oversight of timber sales.

Broader initiatives may seek to slow or reverse deforestation. Wildlife laws govern the potential impact of human activity on wild animals, whether directly on individuals or populations, or indirectly via habitat degradation. Similar laws may operate to protect plant species. Such laws may be enacted entirely to protect biodiversity , or as a means for protecting species deemed important for other reasons. Regulatory efforts may including the creation of special conservation statuses , prohibitions on killing, harming, or disturbing protected species, efforts to induce and support species recovery, establishment of wildlife refuges to support conservation, and prohibitions on trafficking in species or animal parts to combat poaching.

Fish and game laws regulate the right to pursue and take or kill certain kinds of fish and wild animal game. Such laws may restrict the days to harvest fish or game, the number of animals caught per person, the species harvested, or the weapons or fishing gear used. Such laws may seek to balance dueling needs for preservation and harvest and to manage both environment and populations of fish and game. Game laws can provide a legal structure to collect license fees and other money which is used to fund conservation efforts as well as to obtain harvest information used in wildlife management practice.

Environmental law has developed in response to emerging awareness of and concern over issues impacting the entire world. While laws have developed piecemeal and for a variety of reasons, some effort has gone into identifying key concepts and guiding principles common to environmental law as a whole. Nonetheless, they represent important principles for the understanding of environmental law around the world. Defined by the United Nations Environment Programme as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs," sustainable development may be considered together with the concepts of "integration" development cannot be considered in isolation from sustainability and "interdependence" social and economic development, and environmental protection, are interdependent.

In , the first UN Earth Summit resulted in the Rio Declaration , Principle 3 of which reads: "The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations. Defined by UNEP to include intergenerational equity - "the right of future generations to enjoy a fair level of the common patrimony" - and intragenerational equity - "the right of all people within the current generation to fair access to the current generation's entitlement to the Earth's natural resources" - environmental equity considers the present generation under an obligation to account for long-term impacts of activities, and to act to sustain the global environment and resource base for future generations.

Defined in the international law context as an obligation to protect one's own environment, and to prevent damage to neighboring environments, UNEP considers transboundary responsibility at the international level as a potential limitation on the rights of the sovereign state. Identified as essential conditions for "accountable governments, One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows:. The polluter pays principle stands for the idea that "the environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large.

Environmental law is a continuing source of controversy.

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Debates over the necessity, fairness, and cost of environmental regulation are ongoing, as well as regarding the appropriateness of regulations vs. Allegations of scientific uncertainty fuel the ongoing debate over greenhouse gas regulation, and are a major factor in debates over whether to ban particular pesticides. It is very common for regulated industry to argue against environmental regulation on the basis of cost. It is difficult to quantify the value of an environmental value such as a healthy ecosystem, clean air, or species diversity.

Many environmentalists' response to pitting economy vs.

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Even so, there are some efforts underway to systemically recognize environmental costs and assets, and account for them properly in economic terms. While affected industries spark controversy in fighting regulation, there are also many environmentalists and public interest groups who believe that current regulations are inadequate, and advocate for stronger protection. An additional debate is to what extent environmental laws are fair to all regulated parties.

For instance, researchers Preston Teeter and Jorgen Sandberg highlight how smaller organizations can often incur disproportionately larger costs as a result of environmental regulations, which can ultimately create an additional barrier to entry for new firms, thus stifling competition and innovation. Global and regional environmental issues are increasingly the subject of international law.

Debates over environmental concerns implicate core principles of international law and have been the subject of numerous international agreements and declarations. Customary international law is an important source of international environmental law. These are the norms and rules that countries follow as a matter of custom and they are so prevalent that they bind all states in the world. When a principle becomes customary law is not clear cut and many arguments are put forward by states not wishing to be bound.

Examples of customary international law relevant to the environment include the duty to warn other states promptly about icons of an environmental nature and environmental damages to which another state or states may be exposed, and Principle 21 of the Stockholm Declaration 'good neighbourliness' or sic utere. Numerous legally binding international agreements encompass a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and biodiversity protection.

International environmental agreements are generally multilateral or sometimes bilateral treaties a. Protocols are subsidiary agreements built from a primary treaty. They exist in many areas of international law but are especially useful in the environmental field, where they may be used to regularly incorporate recent scientific knowledge. They also permit countries to reach agreement on a framework that would be contentious if every detail were to be agreed upon in advance.

The most widely known protocol in international environmental law is the Kyoto Protocol , which followed from the United Nations Framework Convention on Climate Change. While the bodies that proposed, argued, agreed upon and ultimately adopted existing international agreements vary according to each agreement, certain conferences, including 's United Nations Conference on the Human Environment , 's World Commission on Environment and Development , 's United Nations Conference on Environment and Development and 's World Summit on Sustainable Development have been particularly important.

Multilateral environmental agreements sometimes create an International Organization, Institution or Body responsible for implementing the agreement. International environmental law also includes the opinions of international courts and tribunals. While there are few and they have limited authority, the decisions carry much weight with legal commentators and are quite influential on the development of international environmental law. One of the biggest challenges in international decisions is to determine an adequate compensation for environmental damages.

Other programs work on developing stronger environmental laws, regulations, and standards. The European Union issues secondary legislation on environmental issues that are valid throughout the EU so called regulations and many directives that must be implemented into national legislation from the 28 member states national states.

Examples are the Regulation EC No. Topics for common EU legislation are:. The U. The SPREP was established in order to provide assistance in improving and protecting the environment as well as assure sustainable development for future generations. The Environment Protection and Biodiversity Conservation Act is the center piece of environmental legislation in the Australian Government. The Brazilian government created the Ministry of Environment in in order to develop better strategies of protecting the environment, use natural resources sustainably, and enforce public environmental policies.

The Ministry of Environment has authority over policies involving environment, water resources, preservation, and environmental programs involving the Amazon. The Department of the Environment Act establishes the Department of the Environment in the Canadian government as well as the position Minister of the Environment.

When provincial and federal legislation are in conflict federal legislation takes precedence, that being said individual provinces can have their own legislation such as Ontario's Environmental Bill of Rights , and Clean Water Act. According to the U. Environmental Protection Agency , "China has been working with great determination in recent years to develop, implement, and enforce a solid environmental law framework.

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Chinese officials face critical challenges in effectively implementing the laws, clarifying the roles of their national and provincial governments, and strengthening the operation of their legal system. With the enactment of the Constitution , Ecuador became the first country in the world to codify the Rights of Nature. The Constitution, specifically Articles 10 and , recognizes the inalienable rights of ecosystems to exist and flourish, gives people the authority to petition on the behalf of ecosystems, and requires the government to remedy violations of these rights.

The rights approach is a break away from traditional environmental regulatory systems, which regard nature as property and legalize and manage degradation of the environment rather than prevent it. The Rights of Nature articles in Ecuador's constitution are part of a reaction to a combination of political, economic, and social phenomena.

Ecuador's abusive past with the oil industry , most famously the class-action litigation against Chevron , and the failure of an extraction-based economy and neoliberal reforms to bring economic prosperity to the region has resulted in the election of a New Leftist regime, led by President Rafael Correa , and sparked a demand for new approaches to development. In conjunction with this need, the principle of "Buen Vivir," or good living—focused on social, environmental and spiritual wealth versus material wealth—gained popularity among citizens and was incorporated into the new constitution.

The influence of indigenous groups, from whom the concept of "Buen Vivir" originates, in the forming of the constitutional ideals also facilitated the incorporation of the Rights of Nature as a basic tenet of their culture and conceptualization of "Buen Vivir. Apart from this, there are also individual legislations specifically enacted for the protection of Water, Air, Wildlife, etc.

These positions are responsible for advising the Minister on all areas of environmental legislation. A common theme of New Zealand's environmental legislation is sustainably managing natural and physical resources, fisheries, and forests. Vietnam is currently working with the U. Environmental Protection Agency on dioxin remediation and technical assistance in order to lower methane emissions.

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In March , the U. S and Vietnam signed the U. From Wikipedia, the free encyclopedia. For other uses, see Environmental Law disambiguation.

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Main article: History of environmental law. Main article: Air quality law. Main article: Water quality law. Main article: Waste management law.

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Main article: Environmental cleanup law. Main article: Environmental impact assessment. Main article: Water law. Main article: Mining law. Main article: Forestry law. Main article: Game law. Further information: Fisheries law. Main article: Sustainable development. Further information: Intergenerational equity. Main article: Precautionary principle. Main article: Polluter pays principle. See also: List of environmental laws by country and List of international environmental agreements. Further information: Environmental protocol.

International Environmental Law and Policy for the 21st Century International Environmental Law and Policy for the 21st Century
International Environmental Law and Policy for the 21st Century International Environmental Law and Policy for the 21st Century
International Environmental Law and Policy for the 21st Century International Environmental Law and Policy for the 21st Century
International Environmental Law and Policy for the 21st Century International Environmental Law and Policy for the 21st Century
International Environmental Law and Policy for the 21st Century International Environmental Law and Policy for the 21st Century

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