hl environmental law Flashcards
(16 cards)
define environmental law and explain two key purposes it serves in society.
environmental law regulates interactions between human activities and the natural environment.
its two purposes are:
(1) PROTECTING ecosystems and human health by controlling pollution and resource use
(2) PROMOTING justice by establishing legal consequences for environmental harm
outline how environmental law promotes both justice and sustainable development.
environmental law promotes:
justice THROUGH:
(1) enforcement mechanisms (tools/systems/processes that are used to ensure that legislation is being upheld)
(2) and access to redress (the opportunity to seek justice, as seen through laws protecting fragile communities from pollution)
sustainable development BY BALANCING:
(1) environmental protection
(2) economic development
(3) and social equity
describe the concept of environmental constitutionalism with reference to one national example.
environmental constitutionalism is the inclusion of environmental protection in a country’s constitution.
for ex: Ecuador’s 2008 constitution grants RIGHTS to NATURE, allowing LEGAL action to be taken to protect ecosystems
compare how environmental law is implemented in the local, national and international levels using examples
local: noise regulations
national: protected area legislation
international: treaties like the Paris agreement
each level differs in:
(1) scope
(2) enforcement
(3) and legal complexity
explain the structure and goals of the Aarhus Convention and its significance for environmental democracy
the Aarhus Convention has 3 pillars that ensure:
(1) access to environmental information
(2) public participation in decision making
(3) access to justice
it strengthens democracy by EMPOWERING citizens to ENGAGE in environmental governance
discuss how the Basel Convention addresses transboundary pollution and the role of international law in such cases
the Base Convention regulates the MOVEMENT of hazardous waste ACROSS BORDERS, requiring:
(1) informed consent
(2) and safe handling (following proper procedures to minimize risks like contamination, spills)
it exemplifies the significance of INTERNATIONAL COOPERATION in addressing transboundary pollution
evaluate the effectiveness of Environmental Impact Assesments (EIAs) using the Keystone XL pipeline as a case study
EIAs PREDICT and MITIGATE the environmental impacts of projects.
in the Keystone XL pipeline case (transport oil from countries like Canada to the Gulf of US)
the EIA identified major RISKS (ex: oil spills, high greenhouse gas emissions, impact on the land of indigenous communities, like in sacred areas),
leading to PUBLIC OPPOSITION.
however, political factors influenced decisions (although its building was eventually abandoned)
discuss the limitations/challenges of enforcing environmental law in different countries.
challenges include:
(1) weak enforcement
(2) overlapping jurisdictions
(3) political interference
these issue vary GLOBALLY, limiting legal effectiveness
analyse the role of environmental law in promoting environmental justice, using the Flint water crisis as an example.
environmental justice seeks FAIR treatment of ALL people in environmental law.
in Flint, Michigan, a change in the source of water resulted in its contamination with dangerous levels of lead, significantly affecting the blood of African Americans, particularly children under the poverty line.
weak legal response spurred:
(1) activism
(2) and reform
explain how CITES and the IUCN support the implementation of international agreements.
CITES:
regulates WILDLIFE TRADE by
protecting species through
categorizing them in APENDICES
The IUCN:
(1) provides basic SCIENTIFIC-based ASSESSMENTS (ex: Red List - a system that uses a set of 9 categories and criteria to classify species based on their risk of extinction)
(2) supports legal frameworks via conservation programs and partnerships
to what extent has the Paris Agreement been effective in mitigating climate change? include limitations
the Paris Agrement:
promotes:
(1) emission reduction
(2) climate adaptation
(3) change in governmental, institutional and individual behaviours
but
faces criticism for:
(1) weak enforcement
(2) insufficient national objectives
evaluate the role of the International Court of Justice (ICJ) and the Tribunal for the Law of the Sea in resolving environmental disputes.
the ICJ resolves DISPUTES between NATIONS
while
the ITLOS settles MARINE environmental issues
both:
enhance clarity
BUT
face limitations like
(1) state consent
(2) weak enforcement
discuss the legal implications of granting environmental personhood, using the Whanganui River as an example.
environmental personhood grants legal rights to natural ecosystems.
for example, New Zealand’s Whanganui River is legally represented by guardians (people who protect it), protecting its ecological and cultural identity
evaluate how combining legal and economic strategies can enhance the sustainable use of the environment
legal strategies (ex: pollution laws) and economic strategies (ex: carbon taxes) can COMPLEMENT each other.
together, they create incentives and obligations for sustainable practices
state the stages of EIAs
(1) Scoping
(2) Baseline Study
(3) Impact Prediction
(4) Mitigation Measures
(5) Environmental Management Plan
(6) Public Participation
(7) Review & Decision Making
(8) Monitoring & Auditing
what are three criticisms of the EIAs?
(1) standards and practices may DIFFER in each COUNTRY (based on legislation & expertise)
(2) LIMITED amount of data collected in Baseline Study due to limited resources and low level of expertise
(3) conflict of interest - developers have to PAY for EIA
