Week 9 - International Environmental Law

International Union for the Convention of Nature

IUCN, 1948

CITES

Convention on International Trade in Endangered Species

Ozone Layer Protection

Successful instance of climate policy, CFCs reduced after hole found in 1985.

Reduct ion of CFCs in US

46-28%

Conventions for Ozone Layer

1985 Vienna Convention, 1987 Montreal Protocol

Why are CFCs bad?

Reduce ozone layer, increase UV radiation

Montreal Protocol 2010 status

All parties reported compliance, 98% reduction of CFCs

Why was Montreal successful?

Availability of substitutes, existential threat, worldwide pressure and transfer of technologies and multilateral fund

Paris Agreement

1.5C warning limit, now surpassed

Kyoto Protocol

Reduction of GHGs, never ratified by US and left by Canada. Overall reduction was 16% but not significant enough in non-member states

Trail Smelter

1938/41 case on sulphur dioxide air pollution

Stockholm Declaration

1972, set up United Nations Environment Programme / UNEP

UN Framework Convention on Climate Change

1992, set up in Rio Earth Summit, established threat of GHGs

Annex I and Annex II countries

First is the major countries required to act with more intent and report more regularly, second is developing countries who were given more lenience

Soft Law v Hard Law

Binding and non-binding

Kyoto Protocol aim

Reduce carbon emissions by 5% under 1990 level

Us-China 2014 agreement

US reduce emissions by 26% below 2005 by 2030, China reach peak emissions by 2030

Nationally Determined Contributions/NDCs

Voluntary reduction plan, flexible for less developed

Precautionary principle

Always act with precautions first when it comes to environment, makes states liable when they don’t think about it

Reactive compensation

Obligation to make-up for and prevent environmental damage

No-harm rule

No environmental harm beyond borders

Compliance mechanisms

E.g. incentives or punishments

Multilateral Fund

1991 fund to aid developing countries with the Montreal Protocol

Montreal trade measures

Restriction of ODS to incentivise universal adherence

Pulp Mills

2010, Argentina v Uruguay made notification essential

Temelin Power Plant

Early 2000s, prevented power plant due to transboundary radiation risk

REDD+ Framework

Payments through following it

Who found ozone was getting destroyed

Molina and Rowland

HFCs

Hydrofluorocarbons