International Environmental Law

Molly Lachlan and Adam

Principals of International Environmental LawStates may not allow their territory to be used in a

way that is prejudicial to the rights of a another state of states

Trail Smelter arbitration:USA claimed compensation from Canada for damage

caused by air pollutionStates are required to cooperate to prevent and

mitigate trans-boundry environmental harmThe Lac-Lanoux Arbitration:France was obliged to consider the interests of Spain in

preparing a scheme for water diversion

Protection of the AtmosphereMontreal Protocol on substances that deplete the

Ozone layer 1987:Set targets for the elimination of consumption and

production of Ozone depleting substancesFramework Convention on Climate Change 1992:Recognised the atmosphere as a common resource of

vital interest to mankindKyoto Protocol: Signed and ratified by 55 countries in

2005. Developed countries committing to a decrease 5-9% over 1990. Australia has signed.

Copenhagen Conference: Adjustments to the Kyoto protocol in December 2009.

The Brundtland ReportDefined sustainable development

“Development which meets the needs of present generations while not compromising the ability of future generations to also meet their needs”

The Rio DeclarationSets out 27 principles to guide the

international community in achieving sustainable development including:Precautionary Principle : Where there are

threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degredation

(Cont.)Intergenerational equity: the needs of future

generations must not be compromised though waste or damage to the environment by current users

Polluter pays: environmental costs should be included in the valuation of assets and services and those who generate waste should bear the cost of containment, avoidance or abatement

Marine ResourcesLaw of the Sea

Based on customary international law and international conventions

UN Conference on the Law of the Sea (1958) and UN Convention on the Law of the Sea (1982) [UNCLOS] entered into force in 1994

Balance the competing interests arising from different uses of the sea E.g navigation, fishing, scientific research and

waste disposal

Exclusive Economic Zone (EEZ)Extends from the outer limit of the territorial sea to

200 miles from baselines.A coastal state has sovereign rights over natural

resources in its EEZOther states have certain freedoms associated with

the high seas including navigation.Under UNCLOS [1982] a coastal state has

preferential but not exclusive rights to fish in its EEZ

Australia in 1972 declared jurisdiction over fisheries within 200 miles by declaring an Australian Fishing Zone (AFZ) in 1994 declared a 200 mile EEZ

FisheriesState determines total allowable catch which is

the degree of exploitation to maintain populations of harvested species at levels that can produce a maximum sustainable yield.

Australia has signed treaties in the pacific regions to allow other countries to fish in Australian fishing zones, though the fishing of several species of marine life is forbidden in Australia. E.g. whales.

States have special obligations of the conservations individually and in cooperation with other states.

PollutionPollution from ships is regulated by the

international convention for the prevention of pollution from ships 1973.

Deals with accidental spillages from ships.Dumping of wastes from land based activities

is covered by the convention for the prevention of maritime pollution by the dumping of waste and other matter.

Regulates sea dumping my establishing different categories of waste. (permits can be granted by the state).