cards generated environmental Flashcards
(9 cards)
What are the key principles of IEL?
No-harm, precautionary principle, prevention, polluter pays, sustainable development, CBDR.
What are MEAs and why are they important?
Multilateral Environmental Agreements; they are legally binding treaties focusing on specific issues (e.g. Paris Agreement for climate).
What role does UNEP play?
Coordinates environmental activities within the UN system, provides technical support, but has no enforcement powers.
What is the difference between precaution and prevention?
Prevention addresses known risks with certain outcomes; precaution acts in the face of scientific uncertainty to prevent possible harm.
How does IEL resolve disputes?
Through soft mechanisms like non-compliance procedures, facilitation, and reporting; rarely through litigation in ICJ.
What is the CBDR principle?
Common But Differentiated Responsibilities; developed countries bear more responsibility due to historical pollution.
How does IEL relate to trade law?
Potential conflict when environmental regulations affect trade; WTO allows exceptions under strict conditions.
What is the ICJ’s role in IEL?
Has contributed through advisory opinions and contentious cases like Pulp Mills and Gabčíkovo–Nagymaros.
Why is IEL often hard to enforce?
Because of state sovereignty, lack of hard sanctions, and reliance on voluntary compliance and cooperation.
