lesson11

INTERNATIONAL ENVIRONMENTAL LAW

Branch of public international law comprising of those substantive, procedural, and institutional rules which have as their primary objective the protection of the environment.

INTERNATIONAL ENVIRONMENTAL LAW

• Branch of public international law comprising of those substantive, procedural, and institutional rules which have as their primary objective the protection of the environment.

• The term "environment" is understood as encompassing both the creatures and products of the natural world and those of human civilization. (Sands & Philippe, 2003)

ESSENTIAL ENVIRONMENTAL PRINCIPLE

• Principle of Good Neighborliness

• Precautionary Approach/Principle

• Polluter Pays Principle

• Principle of Sustainable Development

• Environment Impact Assessment Principle:

• Principle of Intergenerational Equity

• Principle of Common but Differentiated Responsibility

Principle of Good Neighborliness

States have the sovereign right to exploit their own resources according to their own environmental policies and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.

Precautionary Approach/Principle

When there is a lack of full scientific certainty in establishing a casual link between human activity and environmental effect, the Court shall apply the precautionary principle in resolving the case before it.

Polluter Pays Principle

National authorities should endeavor to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should bear the cost of pollution with due regard to the public interest and without distorting international trade and investment.

Principle of Sustainable Development

It is development

that meets the needs of the present without compromising the ability of the future generations to meet their own needs

Environment Impact Assessment Principle:

Environmental impact

assessment shall be undertaken for proposed activities that are likely to have significant adverse impact on the environment and are subject to a decision of a competent national authority

Principle of Intergenerational

Equity

Man bears a solemn responsibility to protect and improve the environment for present and future generations.

Principle of Common but Differentiated Responsibility

Because developed states have contributed disproportionately to global environmental degradation, and because they command greater financial and technological resources, those states have a special responsibility in shouldering the burden of pursuing global sustainable development (Sarmiento, 2009).

STANDARD OF CONDUCT

• Strict Liability Theory

• Test of Due Diligence

• Long-Range Trans-boundary Air Pollution

Strict Liability Theory

States are under an absolute obligation to prevent pollution and are liable for its effects irrespective of fault (Shaw, 2008).

Test of Due Diligence

It is the standard that is accepted generally as the most appropriate one. The test of due diligence undoubtedly imports an element of flexibility in the equation. It is also important to note that elements of remoteness and foreseeability are part of the framework of the liability of the states. The damage that occurs must have been caused by the pollution under consideration (Shaw, 2008).

Long-Range Trans-boundary Air Pollution

Air pollution whose physical origin is situated wholly or in part within the are under the national jurisdiction of one state and which has adverse effects in the area under the jurisdiction of another state at such a distance that it is not generally possible to distinguish the contribution of individual emission sources of groups of sources (1979 Convention on Long-Range Transboundary Air Pollution, Article 1b)

The main bases of liability for transboundary pollution under international law are as follows:

(1) An absolute duty to protect against harm from ultra-hazardous activities, which if violated, results in a state being held strictly liable;

(2) The absolute right theory or the responsibility for negligent or intentional acts; and

(3) good neighborliness principle. (Sarmiento, 2009).