RM

Lesson 1 (1)

Environment and Scope of Environmental Law

1. Definition of the Environment

  • Origin of the term: Old French 'environner', meaning "to encircle".

  • Broad definition: Refers to natural, social, and cultural conditions that affect individuals or communities.

  • Geographical scope: Ranges from local surroundings to the entire planet, including atmosphere, land, water, and biodiversity.

  • Council of Europe Convention: Defines environment as natural resources (abiotic and biotic like air, water, soil, flora, fauna), cultural heritage property, and landscape characteristics.

  • Environmental Protection Organs Establishment Proclamation: Defines environment as total materials (natural or human-modified) impacting quality/quantity and welfare of living beings, covering land, atmosphere, water, living things, social factors, etc.

2. The Scope and Nature of Environmental Law

  • Question of self-containment: Environmental law is influenced by broader legal frameworks and international cooperation.

  • Encompasses international, public, and private laws addressing environmental issues, akin to "law of the sea" or "human rights law".

Factors Driving Evolution of Environmental Law

A. Environmental Problems

  • Diverse environmental issues: atmospheric/marine pollution, global warming, nuclear hazards, threatened species affecting multiple nations (e.g., acid rain).

  • Cooperation required between polluting and polluted states.

B. Economic Development vs. Environmental Protection

  • Balancing environmental protection with the need for economic progress.

  • Addressing state sovereignty and intergenerational equity.

3. Historical Development of Environmental Law

Early Developments (Pre-1900)

  • Environmental concerns in ancient traditions and religions emphasizing nature respect.

  • Early agreements on water and fishing rights neglecting pollution.

20th Century Developments: 1900–1972

  • Foundational treaties (e.g., 1902 bird protection, 1911 fur seals).

  • 1972 Stockholm Conference highlighted economic growth vs. environmental preservation and increased NGO role.

1972–2000: Expanding International Cooperation

  • Key events: Japan's 1967 pollution control law, rise of environmentalist political groups (e.g., Germany's Green Party).

  • Events like Chernobyl (1986) prompted tighter international standards.

Recent Developments (2000–Present)

  • Technological advancements leading to novel legal frameworks: climate change treaties (e.g., Paris Agreement, 2015), electronic waste management, and regulation of AI's environmental impacts.

Timeline of Historical Development of Environmental Law

  • Pre-1900: Respect for nature in religious traditions, early treaties on water and fishing rights.

  • 1902–1916: Conservation highlight through conventions for birds and seals.

  • 1960s: Disasters lead to comprehensive pollution laws (e.g., Japan, 1967).

  • 1972: Stockholm Conference pushes for global cooperation.

  • 1980s: Transboundary incidents (e.g., Chernobyl) promote international agreements.

  • 1990s: Kyoto Protocol sets global climate targets.

  • 2000s–2020s: Paris Agreement (2015) and tech advancements redefine environmental law.

References

  • Weiss, Edith Brown, “The Evolution of International Environmental Law”. Georgetown University Law Center, 2011.

  • Yang, Tseming, “The Emergence of Global Environmental Law”. Santa Clara University School of Law, 2009.