HL a. Environmental Law

Flashcards on Environmental Law

What are laws according to HL.a.1?

Rules that govern human behaviour and are enforced by social or governmental authority.

Why are strong laws essential for a well-functioning society? (HL.a.1)

They ensure fair treatment, hold the powerful accountable, and protect the rights of all people, fostering a stable and peaceful environment.

What does environmental law refer to specifically? (HL.a.2)

Rules about how human beings use and impact natural resources, with the aim of improving social and ecological sustainability.

What areas can environmental law cover? (HL.a.2)

Management of natural resources, pollution management, protection of biodiversity, construction and development projects (EIAs).

Why can it be difficult to get environmental laws passed? (HL.a.3)

Political lobbying by economically powerful stakeholders.

Define lobbying.

The activity of trying to persuade someone in authority to support laws or rules that give your organization or industry an advantage.

What is the role of multilateral treaties in environmental law? (HL.a.4)

They provide a framework for countries to cooperate internationally on issues such as climate change, air pollution, and biodiversity conservation.

What are Environmental Impact Assessments (EIAs)?

A method of detailed survey required in many countries before a major development.

What do EIAs incorporate?

Baseline studies before a development project is undertaken.

What is environmental constitutionalism? (HL.a.5)

The introduction of environmental rights and obligations into a country's constitution.

Name key characteristics of a constitution.

Supremacy, rigidity, and entrenchment.

What are the purposes and roles of a constitution?

Establish the structure of government, protect individual rights, limit government power, provide a framework for governance, and serve as a symbol of unity.

What levels can Environmental laws be drafted at?

Local, national, or international levels.

Which laws supersede local and national laws?

International laws.

Name an example of an international law.

The Ramsar Convention.

What is the aim of the ASEAN Agreement on Transboundary Haze Pollution?

To address the severe haze pollution in Southeast Asia caused by agricultural burning.

What are the objectives of the IPOA-IUU?

Prevent, deter, and eliminate IUU fishing by strengthening international cooperation, improving MCS systems, promoting responsible fisheries management, enhancing port State measures, addressing market-related measures, and building capacity.

What are 'Bilateral agreements'?

Agreements established between two countries to address transboundary environmental issues and promote sustainable practices.

What can UN conferences produce?

International conventions (legally binding agreements) and protocols (may become legally binding) to all signatories.

Name the landmark global accord adopted in 2015, exemplifying the role of international environmental law by bringing together developed and developing nations to collaborate on climate mitigation and adaptation strategies.

The Paris Agreement.

Examples of agreements that can generate institutions or organizations to aid their implementation:

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and International Union for the Conservation of Nature (IUCN).

Name bodies involved in the development of international environmental law

The International Court of Justice, The International Tribunal for the Law of the Sea, and The European Court of Justice.

What is the role of the ICJ?

To settle disputes between states and offer advice on legal matters.

What does UNCLOS establish?

Different zones of the ocean, each with its own set of rules for fair access and protecting ecosystems.

What does the ECJ ensure?

Ensures European Law is upheld thus affording legal protection for all its citizens.

What can granting legal personhood to natural entities result in?

Stronger environmental protection.

What do Indigenous knowledge systems offer?

Valuable insights into the complex relationships and intrinsic value of non-human entities.

Name a practice that combines both environmental law and economics.

The ‘polluter pays’ principle.

Define The ‘polluter pays’ principle.

Those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment.