2. Introduction
O International environmental law emerged as an
important concept of International law in the 1960s,
the emergence of ecological degradation as a global
concern brought about International environmental
law.
O International environmental law comprises of e.g.
marine pollution, degradation, climate change,
sustainable development, biodiversity, desertification,
uses of sea, etc.
O the first global environmental summit was held in
United Nations Conference Stockholm 1972
O International environmental law includes, bilateral,
regional and global environmental treaties that have
been negotiated and ratified by different states that
choose to be parties to the agreement.
3. Introduction 2
The sources of international law protects, international
environmental law, i.e.
O treaties, (conventions or treaties signed by nations regarding
international environmental law)
O customary international law, (a state should not use its
territory in a way that causes environmental harm outside that
territory)
O general principles, (most modern jurists accept that general
principles of law are principles of law common to all national
legal systems, in so far as they are applicable to relations to
State (Malanczuk 1997)
O judicial decisions are applicable to international environmental
law.
4. Conventions or Treaties of International Environmental law
O United Nations Environmental Program(UNEP) and (UNESCO) United
Nations Educational, Scientific and Cultural Organization deal out
treaties for International environmental law,
O Basel Convention on the control of Trans boundary movement of
Hazardous waste and their disposal (1989)
O Convention on Longe-RangeTransboundary Air pollution (Acid Rain
Convention) 1979
O Convention on the Law of the Sea (1982)
O Vienna Convention for the protection of the Ozone layer (1985)
O Trans boundary movement of Hazardous waste and their disposal
(1989)
O Convention on wetlands of International importance especially as
waterfowl Habitat (1971). Etc.
5. Problem or Issues
O Despite the implementation of International Environmental
law, the rate at which the environment is being polluted by
human activities is very high, the creation of International
environmental law has not prevented worldwide ecological
degradation.
O The problem or issues of International environmental law or
the question is,
O Has the implementation of international environmental law
slow down worldwide ecological degradation?
O How effective is environmental law on states?
O Does treaties binding among state(s), stop state(s) from
polluting the environment?
O Is International environmental law binding on states that are
not party to the treaty?
6. Literature Review
O The legacy and continuing practice of
environmental exploitation has unleashed forces
of destruction, any impact on which will have of
necessity, to be driven by fundamental changes in
global resource use, it is critical that the
community of sovereign states arrives at a
common goal and participates effectively in its
achievement. (Rajamani).
O To (Faure 2012) “examines the relationship
between income inequality and income level in a
country. there is a certain turning point in
economic development, logically related to the
point where individual income levels increase and
a demand for higher environment quality emerge,
where increased economic welfare goes hand in
hand with environmental pollution”
7. Literature Review 2
O (Leary&Pisupati 2012) “Despite the proliferation of
International environmental agreements, environmental
degradation continue to emerge. Why is it that despite
the huge volume of Intl environmental law, the state of
the global environment has continue to worsen? the
failure of International environmental law to address
global environment challenges also lies in the fact that,
throughout the development of International
environmental law, little attention was paid to the
effectiveness of this new body of law”
O According to (Koivurova 2014), ‘International
environmental law faces a very rapidly changing world
characterized by an escalating trend of political power
applied outside conventional governmental structures:
in global and regional international organizations or in
multinational companies.
8. Literature Review 3
O More so, (Sancin 2012) “posits that International
environmental law changed greatly with the
Stockholm declaration of the United Nations
Conference on the Environment in 1972. This
conference led to new thinking on how to reduce
damages and better preserve the environment
through law. European Union made broad progress
on regional environmental cooperation pertaining
to toxics water quality, waste management, air
pollution, wildlife protection and noise pollution
but, despite the proliferations of International
environmental agreements, environmental hazards
and new environmental challenges have continued
to emerge.
9. Case Studies
O Trail Smelter Arbitration Case.
O Trial Smelter case is one of the early cases of
International environmental law, which states that
no state has the right to use it territory in a way
that can inflict injury to the territory of another
state.
O “The case involved air pollution that occurred in
Trail, British Columbia and affect or causes
destruction to farmlands in South of the Canada-
United States border in Washington State. At the
demand of the affected farmers, whose
negotiations with the company in charge of the
smelter had not been successful, the U.S.
government decided to pursue diplomatic avenues.
10. Trail Smelter Arbitration Case.
O Both the U.S. and Canada initially agreed to present the
case before the International Joint Commission(IJC) an
institution that had jurisdiction to consider issues occurring
along the common border.
O The final tribunal occurred in 1941, it held that “no
State has the right to use or permit the use of its
territory in such a manner as to cause injury by
fumes in or to the territory of another or the
properties or persons therein, when the case is of
serious consequence and the injury is established
by clear and convincing evidence.
11. Pulp Mills Case regarding the River Uruguay
(Argentina v. Uruguay)
Argentina states that the Government of Uruguay in October 2003
“unilaterally authorized the Spanish company ENCE to construct
a pulp mill near the city of Fray Bentos a project known as
“Celulosa de M’ Bopicua” and claims that this was done without
complying with the Article 7 to 13 of the 1975 Statue “ which
provide an obligation a notification and consultation through
CARU (Commission of the River Uruguay) for any party planning
to carry out works liable to affect navigation, the regime of the
water of the quality of its waters”
The Court held that the Eastern Republic of Uruguay has violated
obligations signed to under the statue of the River Uruguay of 26
February 1975, as a result the Eastern Republic of Uruguay must
resume adequate compliance with its obligations under the
statue of the River Uruguay of 1975, and should disengage
immediately with the internationally wrongful acts by which it
has engaged its responsibility, pay compensation to the Argentina
Republic for the damage caused by these internationally
wrongful acts that would not be remedied by that situation being
restored, of an amount to be determined by the Court
12. Nicaragua v. Costa Rica
O In 2011, Costa Rica began constructing a road
parallel to the San Juan River, the road itself,
running from Los Chiles to the Delta region, is on
Costa Rica territory specifically slitting of the San
Juan River, erosion of the River’s banks, harm to
the surrounding environment and wetlands.
Nicaragua further contends that Costa Rica
breached its International obligations by infringing
on Nicaragua’s terriroty damaging Nicaragua
territory and violating general obligations in
International law and relevant environmental
connections. Nicaragua requests restoration to the
status-quo ante, damages and the production and
presentation of an appropriate trans boundary
13. Recommendations.
O Compliance to treaties signed among states
O Implementation of adequate sanctions, for breach an
agreement or for state that does not comply with the law.
O extensive and expensive administrative capacities, strong
government, commitments, compliance with laws,
supporting the underdeveloped countries, regulatory
mandates.
It is also important to note that International environmental
law has been successful to a certain extent but, there still
more to cover because environmental destruction majorly
base on human activity is very high and it has led to the
increase of ecological degradation.
14. Conclusion
International environment is an essential part of
International law, it is very important for
enforcement and compliance both at the national
level, the state level and adequate sanctions should
be provided in order to reduce damages of the
environment. States must realize the importance of
treaties between them whether multilateral or
bilateral, this will help in improving law
enforcement regarding International law, also
compliance to the law, will reduce the rate states
breach agreements or treaties.
