lecture 10 - int environmental law

Question 1

What is climate change?

Answer 1

Industrial revolution of mankind. Greenhouse gases are an essential part of this as the temperature rises by this.

The more CO2, the higher the temperature, leading to problems such as rising sea levels.

Question 2

What was the primary focus of treaties adopted in the 19th century?
➞ environmental

Answer 2

Shared natural resources, often bilateral, with an anthropocentric approach to protect animals for human use.

➞ antroprecentic approach

Question 3

What is the Basel Convention on waste export?

Answer 3

A treaty stating that a country must give a permit to receive waste from another country, not banning it outright.

Question 4

What does the Biodiversity Convention (1992) aim to protect?

Answer 4

More than just plants; it aims to protect biodiversity, which is declining due to pollution, population growth, and climate change.

Question 5

What is the UNFCCC?

Answer 5

United Nations Framework Convention on Climate Change established in 1992.

Question 6

List the key climate agreements.

Answer 6

• Kyoto Protocol (1998)
• Paris Agreement (2015)
• UNFCCC (1992)

These agreements set the rules for international climate action.

Question 7

Principles of environmental law and sustaionable development

Answer 7

• Common but differentiated responisbilty
• Prevention
• Precaution
• Polluter pays
• Sustainable use of natural resources

Question 8

Common but differentiated responisbilty principle

Answer 8

Richer countries produce and polute more most often. So in the framework convention it was agreed that the convention would be based on this princple. So developed country which are more responsible, should also do more to prevent climate change

• Therefore the Kyoto Protocol ➞ binding rules, but only for developed states
• So also not for China, as they were seen as a developing state (even though now they produce a lot of pollution)
• Paris agreement of 2015 ➞ all states got the obligation to reach for the goals

Question 9

What principle emphasizes preventing pollution rather than cleaning it up after it occurs?

Answer 9

Prevention principle.

Question 10

What does the precautionary principle state?

Answer 10

The absence of scientific certainty is not an excuse for inaction.
➞ this is in line with the precautionary approach

adopted in the Rio declaration of 1992

So if you do A, some think that B will accure but not certain yet (serious damage). What will you do? This principle says that this is not an excuse to do nothing

Question 11

What is the ‘polluter pays’ principle?

Answer 11

The principle that those who pollute should bear the costs of managing it to prevent damage to human health or the environment.

Question 12

What are the Sustainable Development Goals (SDGs)?

Answer 12

Goals set in 2015 to be met by 2030, aiming for clearer global objectives.

But in practice there are still gaps

Question 13

What is the concept of sustainable development?

Answer 13

= the overarching Concept of Sustainable Development point to the direction which we want to head. Economic, environmental and social

Definition in the report = development that meets the needs of the current generation without compromising the ability of future generations to meet their own needs.

Question 14

What is ‘common but differentiated responsibility’?

Answer 14

The principle that richer countries, which pollute more, should take greater responsibility in preventing climate change.

Question 15

What is the significance of the Kyoto Protocol?

Answer 15

It established binding rules for developed states to reduce emissions.

Article 3 Kyoto Prococol ➞ clear date, by 2012 lower emmissions by 5 procent on avarage. So this is very concrete, you know what, by when and it is measurable
- for each country a specific percentage was laid down

Question 16

What does the Paris Agreement aim for?

Answer 16

To limit global temperature rise to well below 2 degrees Celsius above pre-industrial levels.

So it is hard law, but in the treaty it has voluntary contributions ➞ so a weird mix between hard and soft law…

Pathway = net zero emissions after 2050
How? = by voluntary natoinally determined contributions

Question 17

What is the relationship between the Paris Agreement and voluntary contributions?

Answer 17

It incorporates voluntary nationally determined contributions, creating a mix of hard and soft law.

Question 18

What is climate litigation?

Answer 18

Legal actions taken to hold governments or corporations accountable for their contributions to climate change.

Other options:
- Arbitration
- Regular courts at national level - Urgenda case eg
- International courts and tribunals

Question 19

What was the outcome of the ICJ case Pulp Mill (Argentina v Uruguay)?

Answer 19

Uruguay was found to have violated the principle of prevention.
For argentina it didn’t mean that the pulp mill had to be stopped, because it was already in operation, even though there was a violation

Question 20

What was the ruling in the ICJ Whaling in the Antarctic case?

Answer 20

Japan was allowed to continue hunting whales under the guise of scientific research, despite the court’s concerns.

• The hunting of whales is not illegal according to the court.
• There is a treaty about whaling, but it only regulates whaling. But too many whales were being hunted, and therefore a new doc was set up which said that whale hunting wasn’t allowed. But countries could object this and then you could continue hunting
• In this case: Japan said that they were conducting scientific studies to hunt a lot of whales a year ➞ research was allowed. Weren’t allowed to say what was scientific and what wasn’t, but what Japan was doing couldn’t be seen as scientific research (no data etc)
• However, Japan withdrew and set up a new program which was scientific and started to hunt again

Question 21

What did the WTO DS58 Shrimp-Turtle case address?

Answer 21

The US’s requirement for TEDs (turtle exclusion devices) to protect sea turtles during shrimp fishing.

• Here the US complained about the fact that so many sea turtles were being killed in the process of catching fish ➞ had to use TED’s (turtle exclusive devices) if countries wanted to sell shrimp to the US. But other countries said that they couldn’t do that. At first instance the WTO said that it is correct that the US can’t order HOW to protect turtles. You CAN protect them, but not in this way
• So the US created their own legislation ➞ TED’s or other means. But the other countries were still not happy. Now the body said that it IS okay ➞ in line with international trade law because it was flexible

Question 22

What did the ITLOS advisory opinion state about climate change?

Answer 22

It declared that climate change constitutes marine pollution, and states should take action.

Question 23

What was the ruling in the ECtHR KlimaSeniorinnen v Switzerland case?

Answer 23

Switzerland was found to have an obligation to protect the health of its citizens from climate change impacts.

So the court said that by not having in place good measures, you are violating art 8

Question 24

What is still a significant gap in international climate agreements?

Answer 24

Lack of clear, binding rules and accountability for pollution.

Question 25

Fill in the blank: The principle of _______ states that states should take precautionary measures even in the absence of scientific certainty.

Answer 25

precaution

Question 26

True or False: The Paris Agreement includes legally binding emission reduction targets for all countries.

Answer 26

False

Question 27

gaps in environmental

Answer 27

Many forms of polution are still taking place, and the polutors aren’t paying (even though that in UN conferences in Stockholm and Rio decided that they would have to pay) ## Footnote Think of plastic ➞ ends up in the water, which ends up in fish, and therfore in us Now negotiating plasic treaty ➞ but a lot of opposition of countries who produce a lot of plastic Plastic waste was also shipped to china, because that was cheaper than to deal with inside the EU. Even china now has a ban on the import of plastic cause a lot of disadvantages

Question 28

Non binding delcarations of the Rio declarations that did pave the way ➞ later on some principles did become a binding rule **How can this principle for eg turn into a binding rule of international law?** ## Footnote In 1992, at the rio conference, they adopted both non-binding and binding norms

Answer 28

when it becomes customy law (opinio juris and state practice) ➞ if states have the conviction that it is binding and they act this way

Question 29

What are the key elements of the precautionary principle?

Answer 29

(1) Threat of serious or irreversible harm, (2) Scientific uncertainty, (3) Cost-effective measures should still be taken.

Question 30

How does precaution differ from prevention?

Answer 30

Prevention requires proven harm before acting; precaution allows action (to protect) even if harm is not yet scientifically certain.

Question 31

Is the precautionary principle considered binding international law?

Answer 31

While initially soft law, it is now widely considered customary international law due to state practice and opinio juris.