International Law: Unit 7Environmental Law
Mr. MorrisonFall 2005
Law of the Sea
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Law of the Sea
Traditional law was customary Freedom of the High Seas 3 (or 12) mile limit for territorial
waters Issues regarding fisheries Continental shelf claims
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Law of the Sea
1958 Geneva Conventions on the Law of the Sea Left many questions unanswered
1960 Conference failed Law of the Sea Conference, 1971-
82
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Law of the Sea Convention
Waters Internal (inside base lines)
Coastal State has same rights as on land Territorial (up to 12 miles from base
lines) Coastal State has sovereignty Right of innocent passage
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Law of the Sea Convention
Exclusive Economic Zone (200 miles) Coastal State has economic rights over
fisheries, etc. Otherwise High Seas rules apply
High Seas Only “flag State” controls ships
Special rules for straits and archipelagos
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Subsurface
Under territorial waters—sovereignty
Continental shelf Out to 200+ miles Coastal State has control of resources
Beyond Continental Shelf Seabed authority
This was “sticking point” for US
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Law of the Sea Convention
Rules for States with neighboring or opposite coasts
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Law of the Sea Convention Provisions for environmental protection
Adoption of environmental treaties by reference
Provisions for fisheries conservation Straddling stocks and Highly Migratory
Species Dispute resolution
International Tribunal on Law of the Sea Other dispute resolution mechanisms
Environmental Law
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Traditional environmental law
A State may not allow its territory to be used to cause significant environmental harm to another State
Trail Smelter arbitration
Based on principles of State Responsibility
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Problems with traditional approach
Only remedies point-to-point problems (e.g., smoke), not “global” problems (affecting all parties)
Doesn’t provide standards
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Modern approach
Two major declarations Stockholm Declaration on the Human
Environment (1972) Rio Declaration on Environment and
Development (1992)
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Principles of international environmental law Good neighborliness Preventive Precautionary Best available practices Polluter pays Sustainable development Common, but differentiated,
responsibility
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Treaties to implement these principles in various areas
Air Convention on Long Range
Transboundary Air Pollution (European) Protocols on SO2, Heavy metals, NOxides,
etc.
Atmosphere Vienna Convention on the Ozone Layer
Montreal and other Protocols
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Treaties (cont’d)
Atmosphere (cont’d) Framework Convention on Climate
Change Kyoto protocol
Wildlife and biodiversity Whaling Convention Convention on International Trade in
Endangered Species (CITES)
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Treaties (cont’d) Wildlife and biodiversity
Biodiversity Convention Cartenaga Protocol on Biohazards
Deserts UN Framework Convention on
Desertification Wetlands
Ramsar Convention
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Treaties (cont’d)
Hazardous Wastes and Activities Basel Convention on Hazardous
Waste Convention on Industrial Accidents
Procedural treaties
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Common elements of treaties Framework conventions
First step is identify problem and committing to study and remedy it
Implementation through Protocols Second step is to make specific rules Ratified like a convention
Technical Annexes (Appendices, Schedules) Note method of adoption
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Common aspects of treaties (cont’d)
Institutionalization Meetings of parties (MOPs and COPs) Secretariats
Compliance Use of “compliance” not
“enforcement” Financial incentives for compliance
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Major issues
Trade-off between environment and development (the Rio Conference issue)
Trade-off between environment and economic interests (the Kyoto issue)
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