GEP: legal studies y12

Global Environmental Protection

requires an interdisciplinary approach involving science, international politics and diplomacy, social justice, economic reforms and changes in national and international priorities where there is a tension between environmental protection and economic gain/national sovereignty

The development of GEP

started in 1970 with the greens movement, then Stockholm Conference 1972, from there, significant multilateral treaties have increased

The need for GEP

a globalised economy has created a constant issue in the compliance of states with GEP, so it is needed to level economic gain with preserving the environment

United Nations Environment Programme

a leading environmental authority that sets the global environmental agenda and promotes implementation of sustainable development

United Nations Environment Assembly

sets priorities for GEP policies and develops international law

Globalisation

the ongoing integration of regional economies, societies and cultures brought about by the removal of restrictions on international trade and advances in travel and mass communications

Free trade

trade between countries that is subject to few or no government restriction

Ecologically sustainable development

developing the world in a way that improves the quality of life both now and in the future, while also maintaining the ecological processes that support life, there are 4 main principles; biodiversity, intergenerational equity, intragenerational equity, precautionary principle

Biodiversity

the variety of life forms on Earth, the complete range of types that are possible within an ecosystem

Intergenerational equity

fair and just behaviour of one generation toward subsequent generations i.e. resource use

Intragenerational equity

fair and just treatment of people and groups within a generation i.e. management of resources among different groups

The precautionary principle

the principle that if an action or policy may cause serious harm to people or the environment, it is best to halt or modify the activity

State Sovereignty

the recognition under international law that a state has authority over it’s citizen and territory (consistent global approach is difficult)

Soft law

international statements i.e. declarations, that do not create legal obligations upon states

Hard law

conventions and treaties that under international law are legally binding

Intergovernmental Panel on Climate Change

founded in 1988, IGO for assessing the science related to climate change to provide policymakers with regular assessment of climate change

UN Educational, Scientific and Cultural Organisation

founded in 1945 with the primary function to promote international dialogue and cooperation in science, communication, education and culture

Effectiveness of the UN in GEP

power to reach a global audience, power to unite all countries, strong scientific backing from the IPCC

Ineffectiveness of the UN in GEP

many environmental issues are significant in scale and difficult to address i.e. climate change, often slow to act, state sovereignty.

Two ways a case can go to the ICJ:

Parties agree on a bilateral treaty or one party takes another based on standing jurisdictional referring