IEL conventions, cases, etc. at their most basic associations

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20 Terms

1
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Stockholm Declaration

1972- Birth of IEL. Created to address industrial pollution of air and water. Established human right to clean environment + responsibility to protect for present and future generations. Principle 21- no harm principle

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Brundtlandt Report (Our common future)

1987- Popularized + defined 'sustainable development'. concept of 'needs' of worlds poor, and idea of limitations imposed by the state of technolog

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Rio Conference

1992 UN Conference on Environment. Groundbreaking- never had been an IEL conference this large before (178 nations, 7,000 delegates, 1,400 NGOs)

Major themes of Global North and South partnership + sus dev

Resulted in: agreement on global partnership btwn global N and S and Agenda 21- program of action calling for new strategies to achieve 21st century sus dev

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Trail Smelter Arbitration

Landmark IEL case- affirms no harm principle, polluter pays principle, navigating state sovereignty w responsibility

Canadian smelter released SO2 emissions that caused env damage to washington state farmers.

Can state be held responsible under int kaw for pollution that crosses a border and damages another country?

YES! Ruling- smelter can continue operations while remedying wrong it had done to farmers (get rid of the harm + compensation)

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Long Range Transboundary Air Pollution Convention

1979 framework convention. 8 protocols addressing specific pollutants. Defined LRTAP and set commitment for parties to limit air pollution.

Featured capacity building.

Limited geographical scope (europe + north america) and lack of binding targets for emerging pollutants

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London Adjustments and Amendments to Montreal Protocol

1990-

formation of lots os scientific assessment panels

accelerated reduction schedules for CFCs and halons, added new phaseouts for 10 more CFCs

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Kigali Amendment

2016- amendment to montreal protocol. Phasing out HFCs, which were introduced as non-ozone depleting alternative to CFCs and HCDCs, but cause GHG emissions

Timeline for gradual reduction 80-85% by 2040s - make montreal protocol powerful instrument against global warming

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Vienna Convention

1985 framework convention (universal adoption). First int agreement to address ODSs and agree to work towards stronger protocol

Objective - promote cooperation among nations by exchanging info abt the effects of human activities on the ozone layer

Window of opportunity later that year- NYT visual of ozone hole galvanized action

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Montreal Protocol

1987 - Treaty that operationalized the Vienna Convention.

Recognized precautionary principle (potential for ozone depletion and neg impact on human health and env even before scientific certainty)

Flexible (necessary bc of changing science) - created schedules of ODSs overtime

Trade mechanisms gave the protocol teeth (restrictions on trade w non parties)

also ended up mitigating climate change, bc ODSs are usually GHG

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UN Framework Convention on Climate Change (UNFCCC)

Framework convention, adopted 1992, entered into force 1994 (universal)

Goal- Stabilize GHG emissions in atmosphere

- precautionary principle

- sus dev, no transboundary harm

- common but differentiated responsibilities (annex I,II, non-annex I)

UNFCCC secretariat. All parties required to meet and negotiate

Global Env Facility - support for developing countries

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Kyoto Protocol

1997, entered force into 2005 (complex ratification process 55% emissions represented)

Operationalized the UNFCC. Commits parties by setting internationally binding emission reduction targets

Common but differentiated responsibilities for diff annexes. Some are not obligated to cut emissions.

Features reporting, compliance thru COP, an adaptation fund, and 3 market-baed mechanisms (international emissions trading, joint implementation, clean development mechanisms)

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Paris Agreement

2015 (entered 2016). A near-universal, legally-binding AGREEMENT with goal of keeping global temp increase below 2 degree (goal is 1.5)

Creates obligations with complex mix of mandatory and voluntary provisions -- NO legally binding emissions targets for each country

Instead, created Nationally Determined Contributions (NDC)- countries must set up based on capabilities and capacity. 5 year review cycles, second NDC can't be less strict than first

Non-compliance diff from Kyoto- domestic judges enforce climate obligations

Green climate fund- developed countries spend $100 bill annually to help developing countries w adaptation and mitigation

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Fisheries Jurisdiction Case- UK and Northern Ireland v Iceland (1974, ICJ)

Iceland and UK had agreement that Iceland had 12 mile exclusive fishing rights zone

In 1971, Iceland tried to extent to 50 miles, arguing the agreement no longer in effect bc of changing IEL (12 miles now the standard)

Court decided that Iceland did not have right to extend bc:

a) In international law, if a general practice is accepted and practiced by states, then this concept is law (states had accepted this 12 mile zone for years)

b) for agreement to be terminated due to change in circumstances, these circumstances must result in RADICAL TRANSFORMATION of the extent of the obligations to be performed

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UN Convention on Law of the Sea (UNCLOS)

1982 (enter 1994) Framework convention known as the 'Constitution of the sea'. Protects marine env by:

1. Distributing jurisdiction over marine areas (+ primary responsibility for their protection)

2. Introduces set of general duties to protect marine env (specified by other instruments)

3. Comprehensive coverage of specific env threats posed by pollution, overfishing

Part XII details that

1. States have obligation to protect and preserve marine env

2. States have sovereign right to exploit their natural resources in accordance w this duty

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Fisheries law under UNCLOS

Created tiered jurisdictional system-- exclusive sovereignty 12 miles , economic exclusive zone up to 200 miles

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UN Fish stocks agreement

1995, entered into force 2001. Created to implement UNCLOS provisions relating to conservation and management of straddling and highly migratory fish stocks

Management regime is based on precautionary principle and the best available scientific information

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ITLOS Advisory Opinion: Coastal and Flag State duties to ensure sustainable fisheries management

2015 - addressed obligations regarding illegal, unreported, and unregulated fishing in third party states

Determined that

-States have due-diligence obligation to ensure that vessels flying their flag don't engage in IUU fishing within EEZs of third-party coastal states

- Coastal states must ensure proper conservation, management of resources in their their EEZ

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Regional Fisheries Management Organizations (RFMOs)

Created under UNCLOS, 17 RFMOS cover geo areas to effectively manage and conserve living marine resources in that area

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Fisheries law

Highly fragmented - has not ultimately protected fisheries. (Fisheries law under UNCLOs, RFMOs, UN Fish Stocks Agreement, etc.)

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High Seas Treaty

New in 2023, under UNCLOS framework. Goal is to address conservation and sustainable use of biodiversity beyond national jurisdiction (BBNJ)

4 main themes: marine genetic resources, area-based management tools, environmental impact assessments, capacity building

Main achievement- new possibility to create marine protected areas in international waters